16. Department of the Interior · Minor
Keep the OSM "Ten-Day Notice" rule in place
Printed page 535 16. Department of the Interior
“Maintain the current “Ten-Day Notice” rule, which requires OSM to work with state regulators in determining if a SMCRA violation has taken place in recognition of the fact that a coal mining state with primacy has the lead in implementing state and federal law.”
What has happened
- Done
OSMRE's final rule rescinds the 2024 rule and replaces it "in large part" with the November 2020 rule, "Clarification of Provisions Related to the Issuance of Ten-Day Notices to State Regulatory Authorities", with minor modifications to "minimize duplication of efforts" and "appropriately recognize that State regulatory authorities are the primary regulatory authorities for non-Federal, non-Indian lands within their borders" — the state-lead principle the Quote asks be maintained. OSMRE Directive INE-35, "Ten-Day Notices" (May 3, 2019), remains listed as current on the agency's directives index.
- OSMRE final rule: Rescission of the “Ten-Day Notices and Corrective Action for State Regulatory Program Issues” Rule, Issued April 9, 2024 — replacing it in large part with the 2020 rule
- OSMRE directives index — INE-26, “Approximate Original Contour” (June 26, 2020) and INE-35, “Ten-Day Notices” (May 3, 2019), listed as current
- Attempted
OSMRE proposed to rescind the 2024 "Ten-Day Notices and Corrective Action for State Regulatory Program Issues" rule, which had narrowed the deference OSMRE owes state regulators. SO 3418 §4(b) had listed the 2024 rule (89 Fed. Reg. 24714) for rescission.
- OSMRE proposed rule: Rescission of the “Ten-Day Notices and Corrective Action for State Regulatory Program Issues” Rule, Issued April 9, 2024
- Secretary's Order 3418, signed text — §4 directs action plans to suspend, revise or rescind SO 3398, SO 3399 and SO 3401 and the Biden-era rules listed with them
Research log
What was searched, and what didn’t count as evidence
Research notes
A preserve ask that could not be met by doing nothing: the rule the Mandate wanted kept had already been replaced in April 2024, so keeping it meant undoing the replacement.
- Action
- restore
- Object
- OSM "Ten-Day Notice" rule
- ID
- 1516