30 C.F.R. § 707.5

Definitions

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

As used in this part, the following terms have the specified meaning:

Extraction of coal as an incidental part means the extraction of coal which is necessary to enable the construction to be accomplished. For purposes of this part, only that coal extracted from within the right-of-way, in the case of a road, railroad, utility line or other such construction, or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction. Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction shall be subject to the requirements of the Act and this chapter.

Government financing agency means a Federal, State, county, municipal, or local unit of government, or a department, bureau, agency or office of the unit which, directly or through another unit of government, finances construction.

Government-financed construction means construction funded at 50 percent or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds. Government financing at less than 50 percent may qualify if the construction is undertaken as an approved reclamation project under Title IV of the Act. Construction funded through government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent, or in-kind payments does not qualify as government-financed construction.

[44 FR 15322, Mar. 13, 1979, as amended at 64 FR 7482, Feb. 12, 1999; 68 FR 65625, Nov. 20, 2003]

Notes of Decisions

Cited in 2 cases, 1986–2002 · leading case: Kentucky Resources Council, Inc. v. Norton, 37 F. App'x 545 (D.C. Cir. 2002).

Sort: Relevance Newest Treatment

Kentucky Resources Council, Inc. v. Norton, 37 F. App'x 545 (D.C. Cir. 2002). · cites it 3× “Prior to the promulgation of the challenged rule, a project could not qualify as government-financed unless it received at least fifty percent of its funding from government sources. Under the challenged rule, some AML reclamation projects, which are conducted under Title IV of…”

Darty Dev. Co. v. Off. of Surface Mining Reclamation & Enf't, 632 F. Supp. 627 (N.D. Ala. 1986). “30 C.F.R. § 707.5 (1985). Although the ASMC’s regulatory definition of “government-financed highway or other construction” was not presented to the Court, the parties have assured that the state definition is substantially identical to the federal.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.