Section 69-05.2-29-03 - Small operator assistance - Eligibility for assistance An applicant is eligible for assistance if the applicant:
1. Intends to apply for a permit under North Dakota Century Code chapter 38-14.1. 2. Establishes that the probable total actual and attributed production for eachyear of the permit will not exceed three hundred thousand tons [272155.41 metric tons]. Production from the following will be attributed to the permittee: a. All coal produced by operations beneficially owned entirely by the applicant or controlled, by reason of ownership, direction of the management or in any other manner, by the applicant. b. The pro rata share, based upon percentage of beneficial ownership, of coal produced by operations in which the applicant owns more than a ten percent interest. c. All coal produced by persons who own more than ten percent of the applicant or who, directly or indirectly, control the applicant by reason of stock ownership, direction of the management, or in any other manner. d. The pro rata share of coal produced by operations owned or controlled by the person who owns or controls the applicant. e. All coal produced by operations owned by members of the applicant's family or relatives unless it is established that there is no direct or indirect business relationship between or among them. 3. Is not restricted in any manner from receiving a permit. 4. Does not organize or reorganize the applicant's company solely for the purpose of obtaining assistance under the small operator assistance program. 5. Will be required to pay reclamation fees under the Surface Mining Control and Reclamation Act of 1977 [ Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1202 et seq.]. N.D. Admin Code 69-05.2-29-03
Effective August 1, 1980; amended effective May 1, 1990; October 1,1994; May 1, 2001.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-03, 38-14.1-37