1. (a) If you meet the eligibility requirements in § 872.26(b), we will distribute these minimum program make up funds to you as follows:

   1. (1) We calculate your total distribution under this part by adding your applicable State or Tribal share funds distribution (§ 872.14 or § 872.17) and your historic coal funds distribution (§ 872.21). If the sum of these funds is less than $3 million, we calculate the amount of minimum program make up funds to add to your distribution under this section to increase it to that level.

   2. (2) For each Federal fiscal year, we add minimum program make up funds to your combined distribution of State or Tribal share and historic coal funds as shown in the following table:

      For each of the Federal fiscal years beginning . . .	The amount of minimum program make up funds we add to your distribution will be . . .
      (i) October 1, 2011 and continuing through September 30, 2035	100 percent of the amount that we calculated should be added under paragraph (a)(1) of this section as long as you have at least $3 million of Priority 1 and 2 coal problems remaining.
      (ii) October 1, 2035 and thereafter	to the extent funds are available, 100 percent of the amount that we calculated should be added under paragraph (a)(1) until you have less than $3 million of Priority 1 and 2 coal problems remaining.

2. (b) 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 2346, Jan. 14, 2022; 90 FR 52862, Nov. 24, 2025]