Rescission of the “Ten-Day Notices and Corrective Action for State Regulatory Program Issues” Rule, Issued April 9, 2024

The Office of Surface Mining Reclamation and Enforcement ("OSMRE" or "OSM") is rescinding the "Ten-Day Notices and Corrective Action for State Regulatory Program Issues" rule adopted on April 9, 2024 (the "2024 Rule"), and replacing it, in large part, with the rule titled, "Clarification of Provisions Related to the Issuance of Ten-Day Notices to State Regulatory Authorities and Enhancement of Corrective Action for State Regulatory Program Issues," which was first adopted on November 24, 2020 (the "2020 Rule"). This final rule does make some minor modifications to the 2020 Rule to further streamline the process for OSM's coordination with State regulatory authorities, minimize duplication of efforts in the administration of the Surface Mining Control and Reclamation Act of 1977 ("SMCRA" or "the Act"), and appropriately recognize that State regulatory authorities are the primary regulatory authorities for non- Federal, non-Indian lands within their borders.