Section 872.22 - How does OSM distribute and award historic coal funds?(a) To be eligible to receive historic coal funds, you must meet the following criteria:(1) You must have and maintain an approved reclamation plan under part 884 of this chapter;(2) You cannot be certified under section 411(a) of SMCRA; and(3) You must have unfunded Priority 1 and 2 coal problems remaining under sections 403(a)(1) and (2) of SMCRA.(b) If you meet the eligibility requirements in paragraph (a) of this section, we distribute these moneys to you using a formula based on the amount of coal historically produced before August 3, 1977, in your State or from the Indian lands concerned.(c) We annually distribute historic coal funds to you as shown in the following table:| For the Federal fiscal years beginning . . . | The amount of historic coal funds we annually distribute to you will be . . . |
| (1) October 1, 2007 and October 1, 2008 | 50 percent of the amount we calculate using the formula described in paragraph (b) of this section. |
| (2) October 1, 2009 and October 1, 2010 | 75 percent of the amount we calculated using the formula described in paragraph (b) of this section. |
| (3) October 1, 2011 and continuing through September 30, 2035 | 100 percent of the amount we calculate using the formula described in paragraph (b) of this section. |
| (4) October 1, 2035 (fiscal year 2036), and thereafter | 100 percent of the amount we calculate using the formula described in paragraph (b) of this section until funds are no longer available or you have reclaimed your remaining Priority 1 and 2 coal problems. |
(d) In any given year, we will only distribute to you the historic coal funds that you need to reclaim your unfunded Priority 1 or 2 coal problems. Your distribution of State or Tribal share funds under § 872.14 or § 872.17 plus your distribution of historic coal funds along with unused funds from prior allocations could be more than you need to reclaim your remaining high priority problems. If that occurs, we will reduce the historic coal funds we distribute to you to the amount that you need to fully fund reclamation of all your remaining Priority 1 or 2 coal problems.(e) We award these funds to you in grants according to the provisions of part 886 of this chapter. 73 FR 67634 , Nov. 14, 2008, as amended at 87 FR 2346 , Jan. 14, 2022