30 C.F.R. § 870.13
Fee rates
(a) Fees for coal produced for sale, transfer, or use from October 1, 2021, through September 30, 2034. Fees for coal produced for sale, transfer, or use from October 1, 2021, through September 30, 2034, are shown in the following table:
| Type of fee | Type of coal | Amount of fee |
|---|---|---|
| (1) Surface mining fee | Anthracite, bituminous, and subbituminous, including reclaimed | (i) If value of coal is $2.24 per ton or more, fee is 22.4 cents per ton.
(ii) If value of coal is less than $2.24 per ton, fee is 10 percent of the value. |
| (2) Underground mining fee | Anthracite, bituminous, and subbituminous | (i) If value of coal is $0.96 per ton or more, fee is 9.6 cents per ton.
(ii) If value of coal is less than $0.96 per ton, fee is 10 percent of the value. |
| (3) Surface and underground mining fee | Lignite | (i) If value of coal is $3.20 per ton or more, fee is 6.4 cents per ton.
(ii) If value of coal is less than $3.20 per ton, fee is 2 percent of the value. |
| (4) In situ coal mining fee | All types other than lignite | 9.6 cents per ton based on Btus per ton in place equated to the gas produced at the site as certified through analysis by an independent laboratory. |
| (5) In situ coal mining fee | Lignite | 6.4 cents per ton based on the Btus per ton of coal in place equated to the gas produced at the site as certified through analysis by an independent laboratory. |
Notes of Decisions
Cited in 3
cases, 1985–2013 · leading case: Wyodak Resources Dev. Corp. v. United States, 737 F.3d 760 (Fed. Cir. 2013).
Wyodak Resources Dev. Corp. v. United States, 737 F.3d 760 (Fed. Cir. 2013). “30 C.F.R. § 870.13 (a)(4). That regulation makes clear that the statutory requirement that lignite coal be treated differently from other types of coal requires that the fees must be based on a pre-processing determination of the type or types of coal that are used in the…”
Wyodak Resources Dev. Corp. v. United States, 107 Fed. Cl. 624 (Fed. Cl. 2012). “§ 1232 (a); 30 C.F.R. § 870.13 (a)(1) and (a)(3). Lignite coal, as distinct from anthracite, bituminous, and subbituminous coal, is subject to a lower rate.”
UGI Corp. v. Watt, 644 F. Supp. 16 (M.D. Penn. 1985). “30 C.F.R. § 870.13 provides: (a) Surface mining fees.”
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