872.28—Are there any restrictions on how you may use minimum program make up funds?
         Yes. You may only use minimum program make up funds for:
    
    
    
        
        (b) 
         Priority 3 reclamation that is part of Priority 1 or 2 coal reclamation under  sections 403(a)(1) or (2) of SMCRA and  § 874.13 of this chapter ;