#### § 870.13 Fee rates.

(a) *Fees for coal produced for sale, transfer, or use from October 1, 2012, through September 30, 2021.* The fees for coal produced for sale, transfer, or use from October 1, 2012, through September 30, 2021, 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 coal | (i) If value of coal is $2.80 per ton or more, fee is 28 cents per ton. (ii) If value of coal is less than $2.80 per ton, fee is 10 percent of the value. |
| (2) Underground mining fee | Anthracite, bituminous, and subbituminous | (i) If value of coal is $1.20 per ton or more, fee is 12 cents per ton. |
| | | (ii) If value of coal is less than $1.20 per ton, fee is 10 percent of the value. |
| (3) Surface and underground mining fee | Lignite | (i) If value of coal is $4.00 per ton or more, fee is 8 cents per ton. |
| | | (ii) If value of coal is less than $4.00 per ton, fee is 2 percent of the value. |
| (4) In situ coal mining fee | All types other than lignite | 12 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 | 8 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. |

(b) *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. |

[[47 FR 28593](https://www.federalregister.gov/citation/47-FR-28593), June 30, 1982, as amended at [69 FR 56130](https://www.federalregister.gov/citation/69-FR-56130), Sept. 17, 2004; [73 FR 67631](https://www.federalregister.gov/citation/73-FR-67631), Nov. 14, 2008; [87 FR 2345](https://www.federalregister.gov/citation/87-FR-2345), Jan. 14, 2022; [87 FR 51908](https://www.federalregister.gov/citation/87-FR-51908), Aug. 24, 2022]