1. (1) Use of funds. Funds authorized for this Program shall not be used to cover State administrative costs or the costs of test boring or core sampling.

2. (2) Allocation of funds. The Regulatory Authority shall to the extent practicable establish a formula for allocating funds among eligible small operators if available funds are less than those required to provide the services pursuant to this Rule. This formula shall include such factors as the applicant's --

   1. (a) Anticipated date of filing a permit application.
   2. (b) Anticipated date for commencing mining; and
   3. (c) Performance history.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83.