[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR20.402]

[Page 426]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 20--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents
 
  Subpart D--Special Provisions Governing Financial and Other Outside 
            Interests of Certain Employees of the Department
 
Sec. 20.402  Interests in underground or surface coal mining operations.

    (a) Definitions. As used in this section:
    (1) Direct financial interest in underground or surface coal mining 
operations means ownership or part ownership by an employee of lands, 
stocks, bonds, debentures, warrants, partnership shares, or other 
holdings and also means any other arrangement where the employee may 
benefit from his or her holding in or salary from coal mining operation. 
Direct financial interests also include employment, pensions, creditor, 
real property and other financial relationships.
    (2) Indirect financial interest in underground or surface coal 
mining operations means the same financial relationships as for direct 
ownership, but where the employee reaps the benefits of such interests 
including interests held by his or her spouse, dependent child and other 
relatives, including in-laws, residing in the employee's home. The 
employee will not be deemed to have an indirect financial interest if 
there is no relationship between the employee's functions or duties and 
the coal mining operation in which the spouse, dependent child or other 
resident relative holds a financial interest.
    (3) Coal mining operation means the business of developing, 
producing, preparing or loading bituminous coal, subbituminous coal, 
anthracite or lignite or of reclaiming the areas upon which such 
activities occur.
    (4) Performing any function or duty under the Surface Mining Control 
and Reclamation Act of 1977 means those decisions or actions, which if 
performed or not performed by an employee, affect the programs under the 
Act.
    (b) Prohibitions. (1) Neither the Director nor any other employee of 
the Office of Surface Mining Reclamation and Enforcement or any other 
employee who performs functions or duties under the Surface Mining 
Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq., shall have 
a direct or indirect financial interest in underground or surface coal 
mining operations.
    (2) The Surface Mining Control and Reclamation Act of 1977, at 30 
U.S.C. 1211(f), provides that anyone who knowingly violates the 
prohibitions in that Act shall, upon conviction, be punished by a fine 
of not more than $2,500, or by imprisonment for not more than one year, 
or both.
    (c) Employees are encouraged to review regulations contained in 30 
CFR part 706 which pertain to the prohibitions restated in this section.