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B-219257 1 (1986-09-26)

handle is hein.gao/gaobadmmc0001 and id is 1 raw text is: Olt The Comptroller General of the United States Washington, D.C. 20548 Decision Disposition of receipts from the sale of coal mined during emergency reclamation projects under Title IV of the Surface Matterof: Mining Control and Reclamation Act of 1977. File: B-219257 Date: September 26, 1986 DIGEST Proceeds obtained as a result of the sale of coal, excavated in the course of Abandoned Mine Land emergency reclamation projects to extinguish coal mine fires, should be deemed recoverea moneys and be deposited in the Abandoned Mine Reclamation Fund under 30 U.S.C. S 401(b)(4). DECISION This decision is in response to a request from the Acting Director, Office of Surface Mining (OSM), Department of the Interior, for our determination of the proper disposition of monies received from the sale of coal mined during emergency Federal Abandoned Mine Lana (AML) projects under Title IV of the Surface Mining Control and Reclamation Act of 1977 (the Act), Pub. L. No. 95-87, 91 Stat. 447(1977), codified at 30 U.S.C. SS 1201-1328. In brief, we are asked to determine whether monies received in this manner may be deposited in the Abandoned Mine Reclamation Fund (the Fund) established in section 401 of the Act, 30 U.S.C. S 1231, or whether they must be deposited in the U.S. Treasury as miscellaneous receipts under 31 U.S.C. § 3302(b). Although a U.S. District Court has ordered OSM to deposit the proceeds of the sale of coal in the Fund in one case, OSM is concerned whether future cases should be handled similarly. OSM also requested our concur- rence that deposit into the Fund in the case covered by the Court order conforms with statutory requirements. We conclude that recovered monies should be deposited in the Fund. BACKGROUND As part of its effort to encourage both the production of an adequate supply of coal for national energy needs and the protection and restoration of the environment from the adverse results of coal mining, the Congress enacted the Surface Mining Control and Reclamation Act of 1977. Act, section 102, 30 U.S.C. S 1202. In order to provide a source of funds to

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