As used in the regulations in this part and in contribution contracts entered into pursuant to the regulations in this part:

(a) "Government" means the United States of America,

(b) "Commission" means the Appalachian Regional Development Commission established by section 101 of the Appalachian Regional Development Act of 1965,

(c) "Secretary" means the Secretary of the Interior or his authorized representative,

(d) "Director" means the Director of the United States Bureau of Mines or his authorized representative,

(e) "Bureau” means the United States Bureau of Mines,

(f) "State" means any one of the States listed in section 403 of the Appalachian Regional Development Act of 1965, and

(g) "Local authorities"

means a

county, city, township, town, or borough, and other local governmental bodies or

ganized and existing under authority of

State laws.

§ 41.3 Qualification of projects.

A project in a State for the control of fires in coal formations will be undertaken in cooperation with a State and local authorities if, in the Secretary's judgment, the project will prevent injury and loss of life, protect public health, conserve natural resources, or protect public and private property. Projects must be submitted by a State to the Commission and receive the approval of that body.

§ 41.4

Contribution contracts.

(a) Each project shall be covered by a contribution contract among the Government, as represented by the Director, the State, and the local authorities. The contract shall establish the total estimated cost of the project and, if the project is to be accomplished in phases, the estimated cost of each phase. The maximum obligations of the parties to share the cost of the project shall be stated in terms of the total estimated cost of the project. Other responsibilities of the parties shall also be described in the contract, as may be agreed and in conformity with the regulations in this part, to meet the needs and requirements of a particular project.

(b) Total project costs shall include the costs of the work performed pursuant to a project contract or a series of project contracts, and the costs to the Bureau of administration, engineering, planning, direction of the project work, and routine maintenance and inspection following completion of the work performed to control or extinguish the fire.

(c) The Government's obligation to contribute funds may be less than but shall not exceed 75 percent of the total estimated cost of the project. The obligation of the State (and, if appropriate, the local authorities) to contribute funds may be more but shall not be less than 25 percent of the total estimated cost of the project.

(d) None of the funds contributed by the Government or the State or the local

authorities shall be used for the purchase of sand, clay, stone, or other such kinds of non-combustible materials used to control or extinguish the fire. § 41.5 Project contracts.

engineer a method of operation for con(a) The Bureau will design, plan, and

trol or extinguishment of the outcrop or underground mine fire, and will execute the project through a project contract or, if the work is to be done in phases, a series of project contracts.

(b) A State or local authority must pay the financial contribution required under the contribution contract to the Bureau after the bids on a proposed project contract have been opened but before the contract is awarded. The State will be advised of the time and place of the opening of bids on a proposed project contract and may have a representative present and, when requested, shall advise the Bureau with respect to the qualifications of bidders. The Bureau will recognize the contribution and cooperation of a State and local authorities in advertisements for bids for the work.

(c) If the bids on work to be done under a proposed project contract exceed the estimated cost of that work, the Bureau shall not enter into a project contract until the contribution contract has been amended to provide for an increase in contributions sufficient to meet the increase in costs. Similarly, no amendment shall be made to, and no change order shall be issued under, a project contract, if the amendment or change order would result in an expenditure under the contract in excess of the estimated cost of the work until the contribution contract has been amended to provide for an increase in contributions sufficient to meet the increase in costs.

(d) The Director is authorized to execute an amendment to a contribution contract, without prior approval of the Secretary, to meet an increase in costs under a proposed or existing project contract if the increase is not in excess of 20 percent of the estimated cost of the work under the proposed or existing project contract.

pletion or termination of a project will be returned to the State or local authority.

§ 41.7

Assistance by States and local authorities.

Either the State or local authorities, as may be appropriate in each particular project, and without cost or charge to project costs shall:

(a) Provide such assistance in planning and engineering the project as may be requested by the Bureau;

(b) Furnish accurate information, data, and accurate maps on the location of the project and the location of water, sewer, and power lines within the project area, and maps or plats showing properties and lands on which releases, consents, or rights or interests in lands have been obtained;

(c) Obtain and deliver to the Bureau releases, proper consent or the necessary rights or interests in lands, and other documents required by the Bureau for approval of the project, and in form and substance satisfactory to the Bureau;

(d) Furnish a certification in form and substance satisfactory to the Bureau that the releases, consents, or the necessary rights or interests in lands, are from all the legal property owners within the project area;

(e) Agree to indemnify and hold the Government harmless should any property owner within the project area make any claim for damage resulting from the work within the project area if releases, consents or rights or interests were not obtained from such property owner by the State or local authorities;

(f) Grant to the Government the right to enter upon streets, roads, and other land owned or controlled by the State or the local authorities overlying or adjacent to the project fire area, and to conduct thereon the operations referred to in the contribution and project contract, and agree to hold the Government harmless from any claim for damage arising out of the project operations to property owned, possessed or controlled by the State or local authorities in the vicinity of the project area;

(g) Furnish sand, clay, stone, or other such kinds of noncombustable materials, used in the flushing of voids, installation of fire barriers, plugs, trenches, fills, or other means or methods used to control or extinguish the fire;