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Code of Federal Regulations Title 30. Mineral Resources § 30.1206.261 How do I determine a transportation allowance if I have an arm's-length transportation contract or no written arm's-length contract?

Current as of January 02, 2025 | Updated by Findlaw Staff

<For compliance date(s) of amendment(s) to subsection (c), see 86 FR 4612;  86 FR 20032.>

(a) If you or your affiliate incur(s) transportation costs under an arm's-length transportation contract, you may claim a transportation allowance for the reasonable, actual costs incurred for transporting the coal under that contract.

(b) You must be able to demonstrate that your or your affiliate's contract is at arm's-length.

<Text of subsection (c) effective until Nov. 1, 2021, as delayed by 86 FR 9286;  86 FR 20032.>

(c) If you have no written contract for the arm's-length transportation of coal, then ONRR will determine your transportation allowance under § 1206.254. You may not use this paragraph (c) if you or your affiliate perform(s) your own transportation.

(1) You must propose to ONRR a method to determine the allowance using the procedures in § 1206.258(a).

(2) You may use that method to determine your allowance until ONRR issues a determination.

<Text of subsection (c) effective Nov. 1, 2021, as delayed by 86 FR 9286;  86 FR 20032.>

(c) If you have no written contract for the arm's-length transportation of coal, and neither you nor your affiliate perform your own transportation, you must propose to ONRR a method to determine the transportation allowance using the procedures in § 1206.258(a).

(1) You must use that method to determine your allowance until ONRR issues a determination.

(2) [Reserved]

1  The reference to September 7, 2017, in this paragraph, should be to September 6, 2017, the published effective date of 81 FR 43338, and the corresponding date of the Court vacation.
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Cite this article: FindLaw.com - Code of Federal Regulations Title 30. Mineral Resources § 30.1206.261 How do I determine a transportation allowance if I have an arm's-length transportation contract or no written arm's-length contract? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-30-mineral-resources/cfr-sect-30-1206-261/

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