Allocation of funds. If funds are inadequate to provide services pursuant to this program, the Commission shall, to the extent practicable, establish a formula for allocating funds among eligible operators by prorating monies available downward as tonnage of coal to be mined increases, and considering such factors as the applicant's:
  (1) anticipated date of filing a permit application;
  (2) anticipated date for commencing mining; and
  (3) performance history.

Source Note: The provisions of this §12.242 adopted to be effective April 7, 1997, 22 TexReg 3093.