§ 870.13 Fee rates.

(a) 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 feeType of coalAmount of fee (1) Surface mining feeAnthracite, 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 feeAnthracite, 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 feeLignite(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 feeAll types other than lignite9.6 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 feeLignite6.4 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, June 30, 1982, as amended at 69 FR 56130, Sept. 17, 2004; 73 FR 67631, Nov. 14, 2008; 87 FR 2345, Jan. 14, 2022; 87 FR 51908, Aug. 24, 2022; 90 FR 54581, Nov. 28, 2025]