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by 28 U.S.C §959 and the provisions of the Colorado Mined Land <br />Reclamation Act. In the alternative, the Board seeks a distribu- <br />tion of funds with which to perform reclamation as an administra- <br />tive expense. <br />In re Better-Hrite Plating, Inc., 105 BR 912 <br />(Bkrtcy.E.D.Wis. 1989), order vacated on other grounds, 136 BR <br />526 (BkrtcyE.D.Wis. 1990) is a case in which the court allowed an <br />administrative priority to the agency for clean-up costs that had <br />yet to be expended. The EPA had spent approximately $150,000 on <br />the site, but additional expenses were anticipated. The trustee <br />had less than $5,000 in unencumbered funds with which to perform <br />$400,000 in clean-up activities. Under those circumstances the <br />EPA and the state agency were granted an administrative expense <br />lien on real property to cover clean-up costs to be incurred <br />later. <br />For the foregoing reasons, the cost of reclaiming the quar- <br />ties should be afforded a priority as an administrative claim and <br />the Debtors CF&I Steel Corp., and Colorado and Utah Land Company, <br />should be required to expend the unencumbered assets of the es- <br />tate as necessary to perform reclamation. In the alternative, <br />the Colorado Mined Land Reclamation Board seeks a distribution <br />from the unencumbered assets of the estate for the cost of site <br />reclamation. <br />GALE A. NORTON <br />Attorney General <br />-7- <br />