30 C.F.R. § 870.17

Filing the OSM-1 Form

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(a) Filing an OSM-1 Form electronically. You may submit a quarterly electronic OSM-1 Form in place of a quarterly paper OSM-1 Form. Submitting the OSM-1 Form electronically is optional. If you submit your form electronically, you must use a methodology and medium approved by us and do one of the following:

(1) Maintain a properly notarized paper copy of the identical OSM-1 Form for review and approval by our Fee Compliance auditors (in order to comply with the notary requirement in SMCRA); or

(2) Submit an electronically signed and dated statement made under penalty of perjury that the information contained in the OSM-1 Form is true and correct.

(b) Filing a paper OSM-1 Form. Alternatively, you may submit a quarterly paper OSM-1 Form. If you choose to submit your form on paper, you must do one of the following:

(1) Submit a properly notarized copy of the OSM-1 Form; or

(2) Submit the OSM-1 Form with a signed and dated statement made under penalty of perjury that the information contained in the form is true and correct. Under the unsworn statement option, you must sign the following statement: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].”

[73 FR 67632, Nov. 14, 2008]
Notes of Decisions
Cited in 1 case, 1996–1996 · leading case: Nat'l Mining Ass'n v. U.S. Dep't of the Interior, 939 F. Supp. 8 (D.D.C. 1996).
Nat'l Mining Ass'n v. U.S. Dep't of the Interior, 939 F. Supp. 8 (D.D.C. 1996). “30 C.F.R. § 870.17 provides: The Secretary [or his designee] may conduct such audits of coal sales, transfers, and use, and the payment of [Fund] fees as may be necessary to ensure compliance with the provisions of the Act, and for such purposes shall, at all reasonable times,…”
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