§ 86.263. Eligibility for assistance.

 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)  Has a legal right to enter and commence mining within the proposed remining area.

   (2)  Intends to apply for a permit and to conduct surface coal mining activities and reclamation within the proposed remining area.

   (3)  Proposes to remine an area which contains abandoned mine lands.

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