(a) You must be certified under section 411(a) of SMCRA to receive certified in lieu funds.
(b) If you meet the eligibility requirement in paragraph (a) of this section, we distribute these certified in lieu funds to you as follows:
(1) Starting in the Federal fiscal year that begins on October 1, 2008, we annually distribute funds to you based on 50 percent of reclamation fees received for coal produced during the previous Federal fiscal year in your State or on Indian lands within your jurisdiction;
(2) The funds we annually distribute to you are in lieu of moneys we otherwise would distribute to you from State share funds under §872.14 or Tribal share funds under §872.17 had you not been excluded from receiving those funds under section 401(f)(3)(B) of SMCRA; and
(3) Subject to §872.35, we annually distribute certified in lieu funds to you as shown in the following table:
| In the Federal fiscal year(s) beginning on . . . | The amount of certified in lieu funds we annually distribute to you will be equal to . . . |
|---|---|
| (i) October 1, 2008 | 25 percent of your 50 percent share of annual reclamation fee collections. |
| (ii) October 1, 2009 | 50 percent of your 50 percent share of annual reclamation fee collections. |
| (iii) October 1, 2010 | 75 percent of your 50 percent share of annual reclamation fee collections. |
| (iv) October 1, 2011, and thereafter | 100 percent of your 50 percent share of annual reclamation fee collections. |
(c) We award these funds to you in grants according to the provisions of part 885 of this chapter.
(d) At the same time we distribute certified in lieu funds to you under this section, we transfer the same amount to historic coal funds and make those funds available for annual grants under §872.21 that same Federal fiscal year. We allocate, distribute, and award the transferred funds according to the provisions of §§872.21, 872.22, and 872.23.
(e) We will distribute to you the amounts we withhold under paragraph (b) of this section in two equal annual installments. We will do this in Federal fiscal years 2018 and 2019.
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