1. (a) To be eligible to receive State share funds, you must meet the following criteria:

   1. (1) You must have and maintain an approved reclamation plan under part 884 of this chapter; and
   2. (2) You cannot be certified under section 411(a) of SMCRA.

2. (b) If you meet the eligibility requirements in paragraph (a) of this section, we will distribute and award these State share funds to you as follows:

   1. (1) We annually distribute State share funds to you as shown in the following table:

      For the Federal fiscal year(s) beginning . . .	The amount of State share funds we annually distribute to you will be . . .
      (i) October 1, 2007 and October 1, 2008	50 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal production.
      (ii) October 1, 2009 and October 1, 2010	75 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal production.
      (iii) October 1, 2011 and continuing through September 30, 2035	100 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal production.
      (iv) October 1, 2035 (fiscal year 2036)	The amount remaining in your State share of the Fund.

   2. (2) We award these funds to you in grants according to the provisions of part 886 of this chapter.

[73 FR 67634, Nov. 14, 2008, as amended at 87 FR 2345, Jan. 14, 2022]