An operator is eligible for assistance if the requirements of § 86.253(a) (relating to operator and project qualification) are met and the operator:

1. (1) Has a legal right to enter and commence mining within the proposed remining area.
2. (2) Intends to apply for a permit and to conduct surface coal mining activities and reclamation within the proposed remining area.
3. (3) Proposes to remine an area which contains abandoned mine lands.