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30 U.S.C. § 1235 — State reclamation program

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1235 — State reclamation program

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Source location: Title 30, Chapter 25, § 1235; chapter-025-surface-mining-control-and-reclamation.md

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**(a) Promulgation of regulations** Not later than the end of the one hundred and eighty-day period immediately following August 3, 1977, the Secretary shall promulgate and publish in the Federal Register regulations covering implementation of an abandoned mine reclamation program incorporating the provisions of this subchapter and establishing procedures and requirements for preparation, submission, and approval of State programs consisting of the plan and annual submissions of projects. **(b) Submission of State Reclamation Plan and annual projects** Each State having within its borders coal mined lands eligible for reclamation under this subchapter, may submit to the Secretary a State Reclamation Plan and annual projects to carry out the purposes of this subchapter. **(c) Restriction** The Secretary shall not approve, fund, or continue to fund a State abandoned mine reclamation program unless that State has an approved State regulatory program pursuant to [section 1253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1253&num=0&edition=prelim). **(d) Approval of State program; withdrawal** If the Secretary determines that a State has developed and submitted a program for reclamation of abandoned mines and has the ability and necessary State legislation to implement the provisions of this subchapter, sections 1232 and 1240 of this title excepted, the Secretary shall approve such State program and shall grant to the State exclusive responsibility and authority to implement the provisions of the approved program: Provided, That the Secretary shall withdraw such approval and authorization if he determines upon the basis of information provided under this section that the State program is not in compliance with the procedures, guidelines, and requirements established under subsection (a). **(e) Contents of State Reclamation Plan** Each State Reclamation Plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the legal authority and programmatic capability to perform such work in conformance with the provisions of this subchapter. **(f) Annual application for support; contents** On an annual basis, each State having an approved State Reclamation Plan may submit to the Secretary an application for the support of the State program and implementation of specific reclamation projects. Such annual requests shall include such information as may be requested by the Secretary including: (1) a general description of each proposed project; (2) a priority evaluation of each proposed project; (3) a statement of the estimated benefits in such terms as: number of acres restored, miles of stream improved, acres of surface lands protected from subsidence, population protected from subsidence, air pollution, hazards of mine and coal refuse disposal area fires; (4) an estimate of the cost for each proposed project; (5) in the case of proposed research and demonstration projects, a description of the specific techniques to be evaluated or objective to be attained; (6) an identification of lands or interest therein to be acquired and the estimated cost; and (7) in each year after the first in which a plan is filed under this subchapter, an inventory of each project funded under the previous year’s grant: which inventory shall include details of financial expenditures on such project together with a brief description of each such project, including project locations, landowner’s name, acreage, type of reclamation performed. **(g) Costs** The costs for each proposed project under this section shall include: actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs, construction inspection costs, and other necessary administrative expenses. **(h) Grant of funds** Upon approval of State Reclamation Plan by the Secretary and of the surface mine regulatory program pursuant to [section 1253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1253&num=0&edition=prelim), the Secretary shall grant, on an annual basis, funds to be expended in such State pursuant to [section 1232(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g&num=0&edition=prelim) and which are necessary to implement the State reclamation program as approved by the Secretary. **(i) Program monitorship** The Secretary, through his designated agents, will monitor the progress and quality of the program. The States shall not be required at the start of any project to submit complete copies of plans and specifications. **(j) Annual report to Secretary** The Secretary shall require annual and other reports as may be necessary to be submitted by each State administering the approved State reclamation program with funds provided under this subchapter. Such reports shall include that information which the Secretary deems necessary to fulfill his responsibilities under this subchapter. **(k) Eligible lands of Indian tribes** Indian tribes having within their jurisdiction eligible lands pursuant to [section 1234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim) or from which coal is produced, shall be considered as a “State” for the purposes of this subchapter except for purposes of subsection (c) of this section with respect to the Navajo, Hopi and Crow Indian Tribes. **(l) State liability** No State shall be liable under any provision of Federal law for any costs or damages as a result of action taken or omitted in the course of carrying out a State abandoned mine reclamation plan approved under this section. This subsection shall not preclude liability for cost or damages as a result of gross negligence or intentional misconduct by the State. For purposes of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1201 — Congressional findings

The Congress finds and declares that— **(a)** extraction of coal and other minerals from the earth can be accomplished by various methods of mining, including surface mining; **(b)** coal mining operations presently contribute significantly to the Nation’s energy requirements; surface coal mining constitutes one method of extraction of the resource; the overwhelming percentage of the Nation’s coal reserves can only be extracted by underground mining methods, and it is, therefore, essential to the national interest to insure the existence of an expanding and economically healthy underground coal mining industry; **(c)** many surface mining operations result in disturbances of surface areas that burden and adversely affect commerce and the public welfare by destroying or diminishing the utility of land for commercial, industrial, residential, recreational, agricultural, and forestry purposes, by causing erosion and landslides, by contributing to floods, by polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty, by damaging the property of citizens, by creating hazards dangerous to life and property by degrading the quality of life in local communities, and by counteracting governmental programs and efforts to conserve soil, water, and other natural resources; **(d)** the expansion of coal mining to meet the Nation’s energy needs makes even more urgent the establishment of appropriate standards to minimize damage to the environment and to productivity of the soil and to protect the health and safety of the public.11 So in original. The period probably should be a semicolon. **(e)** surface mining and reclamation technology are now developed so that effective and reasonable regulation of surface coal mining operations by the States a

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1231 — Abandoned Mine Reclamation Fund

**(a) Establishment; administration; State funds** There is created on the books of the Treasury of the United States a trust fund to be known as the Abandoned Mine Reclamation Fund (hereinafter referred to as the “fund”) which shall be administered by the Secretary of the Interior. State abandoned mine reclamation funds (State funds) generated by grants from this subchapter shall be established by each State pursuant to an approved State program. **(b) Sources of deposits to fund** The fund shall consist of amounts deposited in the fund, from time to time derived from— (1) the reclamation fees levied under [section 1232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232&num=0&edition=prelim); (2) any user charge imposed on or for land reclaimed pursuant to this subchapter after expenditures for maintenance have been deducted; (3) donations by persons, corporations, associations, and foundations for the purposes of this subchapter; (4) recovered moneys as provided for in this subchapter; and (5) interest credited to the fund under subsection (e). **(c) Use of moneys** Moneys in the fund may be used for the following purposes: (1) reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to reclamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment pl

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1234 — Eligible lands and water

Lands and water eligible for reclamation or drainage abatement expenditures under this subchapter are those which were mined for coal or which were affected by such mining, wastebanks, coal processing, or other coal mining processes, except as provided for under [section 1240a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1240a&num=0&edition=prelim), and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under State or other Federal laws. For other provisions relating to lands and waters eligible for such expenditures, see [section 1232(g)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g/4&num=0&edition=prelim), [section 1233(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/b/1&num=0&edition=prelim), and [section 1239 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1239&num=0&edition=prelim). Surface coal mining operations on lands eligible for remining shall not affect the eligibility of such lands for reclamation and restoration under this subchapter after the release of the bond or deposit for any such operation as provided under [section 1269 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1269&num=0&edition=prelim). In the event the bond or deposit for a surface coal mining operation on lands eligible for remining is forfeited, funds available under this subchapter may be used if the amount of such bond or deposit is not sufficient to provide for adequate reclamation or abatement, except that if conditions warrant the Secretary shall immediate

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1253 — State programs

**(a) Regulation of surface coal mining and reclamation operations; submittal to Secretary; time limit; demonstration of effectiveness** Each State in which there are or may be conducted surface coal mining operations on non-Federal lands, and which wishes to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations, except as provided in sections 1271 and 1273 of this title and subchapter IV of this chapter, shall submit to the Secretary, by the end of the eighteenth-month 11 So in original. period beginning on August 3, 1977, a State program which demonstrates that such State has the capability of carrying out the provisions of this chapter and meeting its purposes through— (1) a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of this chapter; (2) a State law which provides sanctions for violations of State laws, regulations, or conditions of permits concerning surface coal mining and reclamation operations, which sanctions shall meet the minimum requirements of this chapter, including civil and criminal actions, forfeiture of bonds, suspensions, revocations, and withholding of permits, and the issuance of cease-and-desist orders by the State regulatory authority or its inspectors; (3) a State regulatory authority with sufficient administrative and technical personnel, and sufficient funding to enable the State to regulate surface coal mining and reclamation operations in accordance with the requirements of this chapter; (4) a State law which provides for the effective implementations,1 maintenance, and enforcement of a permit system, meeting the requirements of this subchapter for the regulations 1 of surface coal mining and reclamation oper

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1231a — Abandoned mine reclamation fund authorization of appropriations

**(a) In general** There is authorized to be appropriated, for deposit into the Abandoned Mine Reclamation Fund established by section 401(a) of the Surface Mining Control and Reclamation Act of 1977 ([30 U.S.C. 1231(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1231/a&num=0&edition=prelim)) $11,293,000,000 for fiscal year 2022, to remain available until expended. **(b) Use of funds** (1) **In general** — Subject to subsection (g), amounts made available under subsection (a) shall be used to provide, as expeditiously as practicable, to States and Indian Tribes described in paragraph (2) annual grants for abandoned mine land and water reclamation projects under the Surface Mining Control and Reclamation Act of 1977 ([30 U.S.C. 1201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1201&num=0&edition=prelim) et seq.). (2) **Eligible grant recipients** — Grants may be made under paragraph (1) to— (A) States and Indian Tribes that have a State or Tribal program approved under section 405 of the Surface Mining Control and Reclamation Act of 1977 ([30 U.S.C. 1235](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1235&num=0&edition=prelim)); (B) States and Indian Tribes that are certified under section 411(a) of that Act ([30 U.S.C. 1240a(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1240a/a&num=0&edition=prelim)); and (C) States and Indian Tribes that are referred to in section 402(g)(8)(B) of that Act ([30 U.S.C. 1232(g)(8)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g/8/B&num=0&edition=prelim)). (3) **Contract aggregation** — In applying for grants under paragraph (1), States and Indian Tribes may agg

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1232 — Reclamation fee

**(a) Payment; rate** All operators of coal mining operations subject to the provisions of this chapter shall pay to the Secretary of the Interior, for deposit in the fund, a reclamation fee of 22.4 cents per ton of coal produced by surface coal mining and 9.6 cents per ton of coal produced by underground mining or 10 per centum of the value of the coal at the mine, as determined by the Secretary, whichever is less, except that the reclamation fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine, or 6.4 cents per ton, whichever is less. **(b) Due date** Such fee shall be paid no later than thirty days after the end of each calendar quarter beginning with the first calendar quarter occurring after August 3, 1977, and ending September 30, 2034. **(c) Submission of statement** Together with such reclamation fee, all operators of coal mine operations shall submit a statement of the amount of coal produced during the calendar quarter, the method of coal removal and the type of coal, the accuracy of which shall be sworn to by the operator and notarized. Such statement shall include an identification of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the preparation plant, tripple,11 So in original. Probably should be “tipple,”. or loading point for the coal, and the person purchasing the coal from the operator. The report shall also specify the number of the permit required under [section 1256 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1256&num=0&edition=prelim) and the mine safety and health identification number. Each quarterly report shall contain a notification of any changes in the information required by this sub

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30 U.S.C. § 1233 — Objectives of fund

**(a) Priorities** Expenditure of moneys from the fund on lands and water eligible pursuant to [section 1234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim) for the purposes of this subchapter, except as provided for under [section 1240a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1240a&num=0&edition=prelim), shall reflect the following priorities in the order stated: (1) (A) the protection; 11 So in original. of public health, safety, and property from extreme danger of adverse effects of coal mining practices; (B) the restoration of land and water resources and the environment that— (i) have been degraded by the adverse effects of coal mining practices; and (ii) are adjacent to a site that has been or will be remediated under subparagraph (A); (2) (A) the protection of public health and safety from adverse effects of coal mining practices; (B) the restoration of land and water resources and the environment that— (i) have been degraded by the adverse effects of coal mining practices; and (ii) are adjacent to a site that has been or will be remediated under subparagraph (A); and (3) the restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity. **(b) Water supply restoration** (1) Any State or Indian tribe not certified under [section 1240a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1240a/a&num=0&edition=prelim) may expend fund

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30 U.S.C. § 1240a — Certification

**(a) Certification of completion of coal reclamation** (1) The Governor of a State, or the head of a governing body of an Indian tribe, with an approved abandoned mine reclamation program under [section 1235 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1235&num=0&edition=prelim) may certify to the Secretary that all of the priorities stated in [section 1233(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/a&num=0&edition=prelim) for eligible lands and waters pursuant to [section 1234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim) have been achieved. The Secretary, after notice in the Federal Register and opportunity for public comment, shall concur with such certification if the Secretary determines that such certification is correct. (2) (A) The Secretary may, on the initiative of the Secretary, make the certification referred to in paragraph (1) on behalf of any State or Indian tribe referred to in paragraph (1) if on the basis of the inventory referred to in [section 1233(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/c&num=0&edition=prelim) all reclamation projects relating to the priorities described in [section 1233(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/a&num=0&edition=prelim) for eligible land and water pursuant to [section 1234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim) in the State or tribe have been completed. (B) The Secretary shall only make the certification after notice in the Federal Register and o

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1240a

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 551 — Declaration of policy

It is recognized that outcrop and underground fires in coal formations involve serious wastage of the fuel resources of the Nation, and constitute a menace to the health and safety of the public and to surface property. It is therefore declared to be the policy of the Congress to provide for the control and extinguishment of outcrop and underground coal fires and thereby to prevent injuries and loss of life, protect public health, conserve natural resources, and to preserve public and private surface property.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1235 — State reclamation program

Page 253 TITLE 30—MINERAL LANDS AND MINING § 1235 semicolon after ‘‘protection’’, struck out ‘‘general wel- fare,’’ after ‘‘safety,’’, and added subpar. (B). Subsec. (a)(2). Pub. L. 109–432, § 203(1)(B), designated existing provisions as subpar. (A), substituted ‘‘health and safety’’ for ‘‘health, safety, and general welfare’’, and added subpar. (B). Subsec. (a)(3). Pub. L. 109–432, § 203(1)(C), which di- rected that a period be substituted for the semicolon at end, could not be executed because a period already ap- peared at end. Subsec. (a)(4), (5). Pub. L. 109–432, § 203(1)(D), struck out pars. (4) and (5) which read as follows: ‘‘(4) the protection, repair, replacement, construc- tion, or enhancement of public facilities such as utili- ties, roads, recreation, and conservation facilities ad- versely affected by coal mining practices; ‘‘(5) the development of publicly owned land ad- versely affected by coal mining practices including land acquired as provided in this subchapter for recre- ation and historic purposes, conservation, and reclama- tion purposes and open space benefits.’’ Subsec. (b). Pub. L. 109–432, § 203(2)(A), substituted ‘‘Water supply restoration’’ for ‘‘Utilities and other fa- cilities’’ in heading. Subsec. (b)(1). Pub. L. 109–432, § 203(2)(B), struck out ‘‘up to 30 percent of the’’ before ‘‘funds’’. Subsec. (c). Pub. L. 109–432, § 203(3), inserted ‘‘, subject to the approval of the Secretary,’’ after ‘‘amendments’’ in second sentence. 1992—Subsec. (a)(4) to (6). Pub. L. 102–486, § 2504(c)(2), redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out former par. (4) which read as follows: ‘‘research and demonstration projects relating to the development of surface mining reclamation and water quality c

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