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B-148623 1 (1973-02-26)

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                     RELEASED



    B-148623                                               /
                                             FEB 2 i973



    The Honorable Henry S. Reuss
    Chairman, Subcommittee on
      Conservation and Natural
      Resources
    Committee on Government Operations
    House of Representatives

IDear Mr. Chairman:

        This is our response to your letter of September 12,
    1972, concerning the De, t .ent of the Interior's June 29,
    1972, amendment to its surface e;i, pn,     ni    and  ec-
    Lamation regulations., You requested that we determine (1)
    the basisfort TMeoGvernment to assume the burden of re-
    claiming community pits or common-use areas, (2) the amount,
    adequacy, and disposition of the charges collected under the
    regulations in effect before June 29, 1972, to defray the
    Government's costs of reclamation, and (3) the legality of
    establishing a fund for the deposit of reclamation contribu-
    tions under the June 29, 1972, amendment to the regulations.

        Before 1969 the Department did not require purchasers
    of material from community pits to pay a fee to finance the
    cost of reclaiming such pits. Community pits-are those
    where a deposit of materials, such as sand and gravel, is
    removed by several purchasers over an extended period of
    time. In such cases, reclamation of the area is not per-
    formed while there is a demand for the materials in the
    deposit.

        In January 1969 the Department issued regulations
    C43 CFR 23) which provided that the Government would assume
    the burden of reclaiming deposits where more than one permit
    or contract was involved. The regulations provided also
    that a charge to defray the cost of reclamation would be
    added to the sales price under each such permit or contract.


                         9S~IO13IV I

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