30 C.F.R. § 870.15

Reclamation fee payment

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(a) You must pay the reclamation fee based on calendar quarter tonnage no later than 30 days after the end of each calendar quarter.

(b) Along with any fee payment due, you must submit to us a completed Coal Sales and Reclamation Fee Report (OSM-1 Form). You can file the OSM-1 Form either in paper format or in electronic format as specified in § 870.17. On the OSM-1 Form, you must report:

(1) The tonnage of coal sold, used, or transferred;

(2) The name and address of any person or entity who is the owner of 10 percent or more of the mineral estate for a given permit; and

(3) The name and address of any person or entity who purchases 10 percent or more of the production from a given permit, during the applicable quarter.

(c) If no single mineral owner or purchaser meets the 10 percent criterion in paragraphs (b)(2) and (b)(3) of this section, then you must report the name and address of the largest single mineral owner and purchaser. If several persons have successively transferred the mineral rights, you must include on the OSM-1 Form information on the last owner(s) in the chain before the permittee, i.e. the person or persons who have granted the permittee the right to extract the coal.

(d) At the time of reporting, you may designate the information required by paragraphs (b) and (c) of this section as confidential.

[73 FR 67632, Nov. 14, 2008]

Notes of Decisions

Cited in 8 cases, 1982–1996 · leading case: United States v. S.S. (Joe) Burford, Inc., 761 F.2d 173 (4th Cir. 1985).

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United States v. S.S. (Joe) Burford, Inc., 761 F.2d 173 (4th Cir. 1985). · cites it 6× “One of these regulations, at issue here, is 30 C.F.R. § 870.15 (d). That regulation provides: The reclamation fee payment for each calendar quarter shall be paid no later than 30 calendar days after the end of the calendar quarter.”

United States v. River Coal Co., Inc. Polls Creek Coal Co., Inc. New Brush Creek Mining, Inc., 748 F.2d 1103 (6th Cir. 1984). “30 C.F.R. § 870.15 (e) (1979). This action was filed on August 25, 1982 to recover interest on the delinquent payments from June 15, 1978 to June 26, 1981, the date the reclamation fees were paid.”

David Blevins v. United States of Am., David Blevins v. United States, 769 F.2d 175 (4th Cir. 1985). ““The regulation in *182 question, 30 C.F.R. § 870.15 (d), was duly promulgated and has the force of law.”

United States v. Warren Troup, D.B.A. Warren Troup Coal Co., 821 F.2d 194 (3rd Cir. 1987). “1985) (plaintiffs’ argument that they should pay any interest due on reclamation fees at the legal rate recognized in Pennsylvania was actually a regulatory challenge since there were federal regulations delineating exactly what the interest rate should be, see 30 C.F.R. §…”

United States v. King (In Re King), 19 B.R. 936 (Bankr. E.D. Tenn. 1982). “30 C.F.R. § 870.15 (d). The defendants have not filed answers in these adversary proceedings, but on November 16, 1981, filed motions for summary judgment asserting that there are no genuine issues of material fact for the court to determine.”

UGI Corp. v. Watt, 644 F. Supp. 16 (M.D. Penn. 1985). · cites it 2× “See 30 C.F.R. § 870.15 (c). This interest rate has been indexed to a rate established by the Department of the Treasury since April 1, 1983.”

Nat'l Mining Ass'n v. U.S. Dep't of the Interior, 939 F. Supp. 8 (D.D.C. 1996). · cites it 2× “30 C.F.R. §§ 870.15 (b), 870.17 (1982). Section 870.”

Addington Mining, Inc. v. United States, 35 Fed. Cl. 754 (Fed. Cl. 1996). “§ 3717 (e)(2) (Debt Collection Act); 30 C.F.R. § 870.15 (f). Nowhere in the language of either statute is there a provision limiting the applicability of the penalty.”

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