SUPPLEMENTARY INFORMATION:

The direct final rule, which was published at 90 FR 54582 (Nov. 28, 2025), included a 30-day public comment period that ended on December 29, 2025. The original effective date of the direct final rule was January 27, 2026; however, OSM received four timely comments on the rule, and OSM extended the original effective date to allow for sufficient time to review and consider those comments to determine whether they were significant adverse comments that might warrant a response or withdrawal or modification of the final rule. Consequently, on January 27, 2026, OSM published a document in the Federal Register (91 FR 3374) delaying the effective date of the rule for 60 days, until March 30, 2026.

The four timely comments were generally generic and discussed broad, mostly non-germane themes related to reclamation, coal mining, and funding to Indian tribes. One comment, submitted anonymously, did raise some questions related to prior balance replacement funds in an effort to seek administrative clarity. No commenter expressly disagreed with the rule. In addition to receiving the four timely comments, in March 2026, long after the close of the comment period, OSM received one additional comment that purported to make comments on this ( printed page 15886) rule; due to the untimely nature of this comment, it was not considered.

After careful review of the timely comments, and discussed in greater detail below, OSM has determined that the comments were not significant adverse comments that warrant withdrawal or modification of the final rule because the commenters did not effectively challenge the rule's underlying premise or approach or explain why the rule would be ineffective or inappropriate without a revision.

One commenter asked a series of questions related to prior balance replacement funds, such as the amount unspent by grantees and requesting a crosswalk that identifies the applicable Code of Federal Regulations (CFR) edition and key conditions for any remaining awards and a simple table showing remaining balances and project status by State and Tribe. While OSM appreciates the commenter's interest in clarity, neither a crosswalk nor a table of funding is necessary. Wyoming is the only State or Tribe that received prior balance replacement funds and that still has an unspent balance (less than $1 million). While we agree that this State should have clarity about how its prior balance replacement funds can be spent, the statutory framework has not changed, and Wyoming has operated under these requirements for many years and will continue to do so because Wyoming must continue to comply with the terms and conditions of its existing grant agreement, including the regulations in place at the time of the grant award. Because those requirements remain in effect, the direct final rule does not alter how the State obligates or expends its remaining funds, including for SMCRA's contractor responsibility, eligibility, and priority requirements. Likewise, Tribes with approved SMCRA reclamation programs are unaffected because they have already expended their prior balance replacement funds. Thus, the suggestions for additional information, to the extent they are even appropriate in a regulation, do not render the direct final rule, without such addition, ineffective.

Moreover, as OSM made clear in the preamble to the rule, iOSM had good cause under 5 U.S.C. 553(b)(B) to forgo notice-and-comment rulemaking because the rule is noncontroversial, makes only minor and technical updates, involves little agency discretion, and is unlikely to generate significant adverse comments. See90 FR 54582. OSM also committed to withdrawing the rule or issuing a new rule if significant adverse comments were received. For the reasons stated above, OSM determined that the comments received on this rule are not significant adverse comments and that they do not justify making any modifications to the rule or withdrawing the final rule. Moreover, even if OSM had no good cause to forgo notice-and-comment rulemaking, the direct final rule itself provided notice and an opportunity for comment and the commenters availed themselves of that opportunity. On that basis, the direct final rule complies with the APA.

As such, this notice confirms that this final rule will be effective on March 30, 2026.