Interior Proposes to Rescind Overreaching 2024 Rule on Coal Mining Oversight

Date: June 12, 2025
Contact: Interior_Press@ios.doi.gov

WASHINGTON — The Department of the Interior’s Office of Surface Mining Reclamation and Enforcement today announced a proposed rule to rescind the 2024 “Ten-Day Notices and Corrective Action” rule—a problematic regulation from the prior administration that complicated how states and the federal government work together to oversee surface coal mining. 

The proposed rule would restore the simpler, more effective 2020 version from the first Trump administration of the ten-day notice process, eliminating unnecessary layers of federal bureaucracy and putting regulatory authority back where it belongs—with the states. 

“This is common sense,” said Adam G. Suess, Acting Assistant Secretary for Land and Minerals Management. “We’re cutting red tape, restoring clarity and respecting states’ right to lead. Federal oversight doesn’t mean federal interference.” 

The 2024 rule added unnecessary and confusing definitions, created rigid deadlines, and ignored the clear intent of the Surface Mining Control and Reclamation Act of 1977, which gives states the lead role in regulating mining on their own lands. 

Under this proposal: 

• OSMRE would streamline coordination with states, avoiding duplicative inspections and reviews.
• State regulators would no longer be misclassified as “persons” subject to ten-day notices unless they’re acting as operators.
• Complaints would once again need to include a simple justification before triggering federal action.
• Corrective action plans would be allowed as an appropriate action in response to ten-day notices.
• Arbitrary deadlines that delay solutions would be eliminated. 

Under the proposed rule, OSMRE will issue ten-day notices when there’s reason to believe a violation exists and will work with states to resolve issues swiftly, in the spirit of cooperative federalism. 

This rule supports Secretary’s Order 3421, “Achieving Prosperity Through Deregulation,” which calls on Interior agencies to remove outdated, duplicative, or burdensome regulations. It also advances President Donald J. Trump’s Executive Order 14154, “Unleashing Prosperity Through Deregulation,” which directs agencies to repeal costly regulations and return authority to the American people and their state governments. It also supports Secretarial Order 3418 “Unleashing American Energy” which directs the removal of impediments imposed on the development and use of our nation's abundant energy and natural resources by the Biden administration's burdensome regulations. By removing such regulations, America's natural resources can be unleashed to restore American prosperity.  

The Department is inviting public comment on all aspects of the proposed rule for 30 days after publication in the Federal Register next week. 

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