§ 86.187. Use of money.

 (a)  Moneys received from fees, fines, penalties, bond forfeitures and other monies received under authority of the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.31), and interest earned on the moneys, will be deposited in the Fund.

   (1)  Moneys received from the fees required by §  86.17(e) (relating to permit and reclamation fees), and interest accrued on these monies, will be used only to reclaim land and restore water supplies affected by surface mining operations for which the Department has forfeited bonds, as a supplement to bond forfeiture funds.

   (2)  Moneys received from the forfeiture of bonds will be used only to reclaim land and restore water supplies affected by the surface mining operation upon which liability was charged on the bond, except as otherwise provided in §  86.190 (relating to sites where reclamation is unreasonable, unnecessary or impossible; excess funds). Interest accrued on these monies will be used only to reclaim land and restore water supplies affected by surface mining operations for which the Department has forfeited bonds, as a supplement to bond forfeiture funds.

   (3)  Other moneys deposited in the Fund may be used to reclaim land affected by surface mining operations and for other conservation purposes consistent with the purposes of the Fund, including restoration of water supplies affected by surface mining operations. The Department may also use the money in the Fund, other than the monies described in paragraphs (1) and (2), for necessary administrative expenses, including the purchase, lease or rental of vehicles, equipment, office space, laboratory supplies or other supplies, materials or services and personnel and overhead expenses.

 (b)  The Department will expend the funds to reclaim the land affected by the operation in such a manner as to complete the approved reclamation plan of the licensed mine operator whose bonds were forfeited for the reclamation site. The Department, after notifying and consulting with the landowner, will expend the funds to reclaim the land affected by the operation in such a manner as to complete a reclamation plan in compliance with subsection (c) if either of the following apply:

   (1)  After considering the engineering cost estimate for completion of the approved reclamation plan of the licensed mine operator whose bonds were forfeited for the reclamation site, the Department determines that the plan may be amended to decrease the cost of reclaiming the bond forfeiture site.

   (2)  The Department determines that completion of the approved reclamation plan of the licensed mine operator whose bonds were forfeited for the reclamation site is unreasonable, unnecessary or physically impossible.

 (c)  If the Department determines under subsection (b) that an alternative to the approved reclamation plan of the licensed mine operator whose bonds were forfeited for the reclamation site should be implemented, the Department will prepare and implement a plan that makes the bond forfeiture site suitable at a minimum for agriculture, forests, recreation, wildlife or water conservation.

   The provisions of this §  86.187 issued under section 4.2(a) of the Surface Mining Conservation and Reclamation Act (52 P. S. §  1396.4b(a)).

   The provisions of this §  86.187 adopted February 6, 1987, effective February 7, 1987, 17 Pa.B. 641.

   This section cited in 25 Pa. Code §  86.145 (relating to Department responsibilities); 25 Pa. Code §  86.158 (relating to special terms and conditions for collateral bonds); 25 Pa. Code §  86.186 (relating to scope); 25 Pa. Code §  86.189 (relating to reclamation of bond forfeiture sites); 25 Pa. Code §  86.281 (relating to financial guarantees to insure reclamation—general); 25 Pa. Code §  86.284 (relating to forfeiture); 25 Pa. Code §  86.291 (relating to financial assurance for bond credit—general); and 25 Pa. Code §  86.295 (relating to forfeiture).