30 C.F.R. § 870.16

Acceptable payment methods

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(a) If you owe total quarterly reclamation fees of $500 or more for one or more mines, you must:

(1) Use an electronic fund transfer mechanism approved by the U.S. Department of the Treasury;

(2) Forward payments by electronic transfer;

(3) Include the applicable Master Entity No.(s) (Part 1-Block 3 on the OSM-1 Form), and OSM Document No.(s) (Part 1-upper right corner of the OSM-1 Form) with the electronic payment; and

(4) Use our approved form or approved electronic form to report coal tonnage sold, used, or for which ownership was transferred to the address indicated in the Instructions for Completing the OSM-1 Form.

(b) If you owe less than $500 in quarterly reclamation fees for one or more mines, you may:

(1) Forward payments by electronic transfer in accordance with the procedures specified in paragraph (a) of this section; or

(2) Submit a check or money order payable to the Office of Surface Mining Reclamation and Enforcement in the same envelope with the OSM-1 Form to the address indicated in the Instructions for Completing the OSM-1 Form.

[73 FR 67632, Nov. 14, 2008, as amended at 89 FR 8073, Feb. 6, 2024]

Notes of Decisions

Cited in 4 cases, 1983–2005 · leading case: United States v. Tri-No Enter., Inc., 819 F.2d 154 (7th Cir. 1987).

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United States v. Tri-No Enter., Inc., 819 F.2d 154 (7th Cir. 1987). “The Gary Bridges court supported its conclusion that a six-year statute of limitations applies to actions to collect delinquent-reclamation fees by noting that 30 C.F.R. § 870.16 (d) provides that operators must maintain records for six years after the quarter in which the fee…”

Consolidation Coal Co. v. United States, 64 Fed. Cl. 718 (Fed. Cl. 2005). “30 C.F.R. § 870.16 (a)(1)-(a)(3). In accordance with the SMCRA and implementing regulations, plaintiffs paid reclamation fees on coal which was sold to foreign customers.”

United States v. Hawk Contracting, Inc., 649 F. Supp. 1 (W.D. Pa. 1985). · cites it 2× “at 532-33 (citing 30 C.F.R. § 870.16 (d)). The court observed that the regulation served notice that assessments might be made within a six-year period and concluded that it would be unreasonable to allow collection actions after the six-year period had expired.”

United States v. Gary Bridges Logging & Coal Co., 570 F. Supp. 531 (E.D. Tenn. 1983). “30 C.F.R. § 870.16 (d). Operators are therefore put on notice that assessments might be made within the six year period.”

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