(a) The operator shall pay a reclamation fee on each ton of coal produced for sale, transfer, or use, including the products of in situ mining.
(b) The fee shall be determined by the weight and value at the time of initial bona fide sale, transfer of ownership, or use by the operator.
(1) The initial bona fide sale, transfer of ownership, or use shall be determined by the first transaction or use of the coal by the operator immediately after it is severed, or removed from a reclaimed coal refuse deposit.
(2) The value of the coal shall be determined F.O.B. mine.
(3) The weight of each ton shall be determined by the actual gross weight of the coal.
(i) Impurities that have not been removed prior to the time of initial bona fide sale, transfer of ownership, or use by the operator, excluding excess moisture for which a reduction has been taken pursuant to § 870.18, shall not be deducted from the gross weight.
(ii) Operators selling coal on a clean coal basis shall retain records that show run-of-mine tonnage, and the basis for the clean coal transaction.
(iii) Insufficient records shall subject the operator to fees based on raw tonnage data.
(c) If the operator combines surface mined coal, including reclaimed coal, with underground mined coal before the coal is weighed for fee purposes, the higher reclamation fee shall apply, unless the operator can substantiate the amount of coal produced by surface mining by acceptable engineering calculations or other reports which the Director may require.
(d) The reclamation fee shall be paid after the end of each calendar quarter beginning with the calendar quarter starting October 1, 1977.
[47 FR 28593, June 30, 1982, as amended at 53 FR 19726, May 27, 1988; 59 FR 28169, May 31, 1994; 69 FR 56130, Sept. 17, 2004]
Notes of Decisions
Consolidation Coal Co. v. United States, 86 Fed. Cl. 384 (Fed. Cl. 2009).
· cites it 3× “§ 1232(a) (2009); 30 C.F.R. § 870.12 (a) (2009). Specifically, the SMCRA provides: All operators of coal mining operations subject to the provisions of this chapter shall pay to the Secretary of the Interior, for deposit in the fund, a reclamation fee of 35 cents per ton of coal…”
Consolidation Coal Co. v. United States, 64 Fed. Cl. 718 (Fed. Cl. 2005).
· cites it 3× “§ 1232(a); 30 C.F.R. § 870.12 (a). Specifically, the SMCRA provides, in pertinent part: All operators of coal mining operations subject to the provisions of this chapter shall pay to the Secretary of the Interior, for deposit in the fund, a reclamation fee of 35 cents per ton of…”
Drummond Coal Co. v. Donald P. Hodel, Sec'y of the Interior, 796 F.2d 503 (D.C. Cir. 1986).
· cites it 3× “30 C.F.R. § 870.12 (b)(3)(i) (1985). Drummond claims that the revised regulation exceeds the Secretary’s statutory authority because it includes within the material taxed “excess” moisture attributable to post-excávation rainfall or washing, which Drummond asserts is not…”
Wyodak Resources Dev. Corp. v. United States, 637 F.3d 1127 (10th Cir. 2011).
· cites it 2× “OSM took the position that SMCRA regulations require the reclamation fee to be calculated "at the time of the initial bona fide sale, transfer of ownership, or use by the operator," see 30 C.F.R. § 870.12 (b), and not while coal remains in the ground.”
Consolidation Coal Co. v. United States, 54 Fed. Cl. 14 (Fed. Cl. 2002).
· cites it 3× “§ 1232 (2000) and 30 C.F.R. § 870.12 (2001), plaintiffs have paid a reclamation fee on coal which they have extracted from mines in the United States and which is then sold for export.”
Consolidation Coal Co. v. United States, 615 F.3d 1378 (Fed. Cir. 2010).
“As an example, appellants point to 30 C.F.R. § 870.12 (a) - (b) (3) (iii) which states in pertinent part: (a) The operator shall pay a reclamation fee on each ton of coal produced for sale, transfer, or use, including the products of in situ mining.”
United States v. Warren Troup, D.B.A. Warren Troup Coal Co., 821 F.2d 194 (3rd Cir. 1987).
· cites it 3× “30 C.F.R. § 870.12 (1978). Because these regulations were interpreted inconsistently by local representatives of the Office of Surface Mining, and caused some confusion among coal mining operators, the Secretary proposed revised regulations in 1981.”
Consolidation Coal Co. v. United States, 528 F.3d 1344 (Fed. Cir. 2008).
“30 C.F.R. § 870.12 (emphasis added). If “coal produced” in § 1232(a) refers solely to coal extracted then the disputed portion of the statute does not render the statute unconstitutional under the Export Clause.”
United States v. Rapoca Energy Co., 751 F. Supp. 565 (W.D. Va. 1990).
· cites it 7× “In its audit report dated April 1, 1988, OSM stated, inter alia, that Rapoca did not compute its reclamation fees on the “actual gross weight” of the coal “prior to [its] sale or transfer” as required under 30 C.F.R. Section 870.12. In one instance, the report contends that…”
Drummond Coal Co. v. Hodel, 610 F. Supp. 1489 (D.D.C. 1985).
· cites it 2× “The revised regulations, ultimately ap *1492 proved in final form and codified at 30 C.F.R. § 870.12 (b)(3)(i) (1982), stated in relevant part that: (a) The operator shall pay a reclamation fee on each ton of coal produced for sale, transfer, or use, including the products of in…”
— 30 C.F.R. § 870.12(b) — 1 case
Drummond Coal Co. v. Hodel, 610 F. Supp. 1489 (D.D.C. 1985).
“The revised regulations, ultimately ap *1492 proved in final form and codified at 30 C.F.R. § 870.12 (b)(3)(i) (1982), stated in relevant part that: (a) The operator shall pay a reclamation fee on each ton of coal produced for sale, transfer, or use, including the products of in…”
— 30 C.F.R. § 870.12(b)(3)(h) — 1 case
United States v. Rapoca Energy Co., 751 F. Supp. 565 (W.D. Va. 1990).
“In its audit report dated April 1, 1988, OSM stated, inter alia, that Rapoca did not compute its reclamation fees on the “actual gross weight” of the coal “prior to [its] sale or transfer” as required under 30 C.F.R. Section 870.12. In one instance, the report contends that…”
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