SUPPLEMENTARY INFORMATION:

The direct final rule published at 90 FR 54582 included a 30-day public comment period that ended on December 29, 2025. The effective date of the direct final rule was January 27, 2026.

As explained in the direct final rule, the Federal regulations at 30 CFR 874.11 clarify that States and Tribes must comply with 30 CFR part 874 when funding reclamation projects with prior balance replacement funds, which are moneys from the United States Treasury's General Fund that replaced State or Tribal share funds that were allocated before October 1, 2007, but never appropriated by Congress. As amended in 2006, section 411(h)(1) of the Surface Mining Control and Reclamation Act of 1977 required OSM to distribute prior balance replacement funds to eligible States and Tribes for 7 years, beginning October 1, 2008. As the distribution of prior balance replacement funds is complete, the Department of the Interior (Department) and OSM concluded that existing 30 CFR 874.11(b) should be rescinded because it is obsolete.

The Department and OSM maintain this position. However, at the close of the comment period for the direct final rule, OSM received several comments that may be significant adverse comments. OSM has determined that the effective date of the direct final rule should be delayed by 60 days to allow it additional time to review and consider whether one or more of the comments received on the direct final rule are significant adverse comments warranting a response, withdrawal, or modification of the final rule. OSM recognizes that other direct final rules published on November 24 and 28, 2025, may also be impacted by these comments. During its review, OSM will consider what impact, if any, these comments have on those direct final rules and take appropriate action, as necessary.

91 FR 3374