Okla. Admin. Code § 155:15-1-4

Current through Vol. 42, No. 6, December 2, 2024

Section 155:15-1-4 - Oklahoma Abandoned Mine Land Reclamation Funds

(a) Revenue to the Abandoned Mine Reclamation Fund shall include:

(1) Amounts granted to the State by the Office for the purpose of conducting the Program.

(2) Moneys collected by the State from charges for use of land acquired or reclaimed with moneys from the Fund.

(3) Moneys recovered by the State through the satisfaction of liens filed against privately owned lands that had been reclaimed with moneys from the Fund.

(4) Moneys recovered by the State from the sale of lands acquired with moneys from the Fund.

(5) Such other moneys as the State decides should be deposited in the Fund for use in carrying out the Program.

(b)"Make up funds" are additional moneys the Office distributes each Federal fiscal year to the Commission to make up the difference between the total distribution of other funds and $3 million. Make up funds may not be used by the Commission for Acid Mine Drainage set-asides, for water supply restoration under Section 403(b), for noncoal reclamation under Section 409(b), and for stand alone Priority 3 problems.

(c)"Historic coal funds" are moneys provided under Section 402(g)(5) of SMCRA based on the amount of coal produced before August 3, 1977, in Oklahoma in which Oklahoma has an interest, under the Surface Mining Control and Reclamation Act Amendments of 2006, that were enacted as Division C, Title II,, Subtitle A of P.L. 109-432, each year the Office allocates and distributes 30 percent of annual AML fee collections for coal produced in the previous fiscal year plus 60 percent of any other revenue to the Fund as historic funds to supplement grants to Oklahoma. Historic coal funds also include moneys reallocated by the Office under sections 401(f)(3)(A)(I), 411(h)(1)(A)(ii), and 411(h)(4) of SMCRA, including: the moneys the Office reallocates based on prior balance replacement funds distributed under the Code (30 CFR 872.29) , that will be available to supplement grants beginning with Federal fiscal year 2023; and the moneys the Office reallocates based on certified in lieu funds distributed under the Code (30 CFR 872.32) , that will be available to supplement grants in Federal fiscal years 2009 through 2022.

(d)"State share funds" are moneys the Office distributes to the Commission from Oklahoma's share of the Fund each Federal fiscal year under section 402(g)(1)(A) of SMCRA. Oklahoma's State share of the Fund is 50 percent of the reclamation fees the Office collected from within Oklahoma and allocated to the Oklahoma in the Fund for coal produced in the previous fiscal year.

(e)"Prior balance replacement funds" are moneys the Office must distribute to the Commission instead of the moneys the Office allocated to the Commission of the Fund before October 1, 2007, but did not distribute to the Commission because Congress did not appropriate them. They come from general funds of the United States Treasury that are otherwise unappropriated. Under section 411(h)(1) of SMCRA, the Office distribute prior balance replacement funds to the Commission for seven years starting in October 1, 2008.

Okla. Admin. Code § 155:15-1-4

Amended at 27 Ok Reg 2473, eff 8-2-10