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30 U.S.C. § 1239 — Filling voids and sealing tunnels
Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional declaration of hazardous conditions** The Congress declares that voids, and open and abandoned tunnels, shafts, and entryways resulting from any previous mining operation, constitute a hazard to the public health or safety and that surface impacts of any underground or surface mining operation may degrade the environment. The Secretary, at the request of the Governor of any State, or the the 11 So in original. governing body of an Indian tribe, is authorized to fill such voids, seal such abandoned tunnels, shafts, and entryways, and reclaim surface impacts of underground or surface mines which the Secretary determines could endanger life and property, constitute a hazard to the public health and safety, or degrade the environment. State regulatory authorities are authorized to carry out such work pursuant to an approved abandoned mine reclamation program.
**(b) Limitation on funds** Funds available for use in carrying out the purpose of this section shall be limited to those funds which must be allocated to the respective States or Indian tribes under the provisions of paragraphs (1) and (5) of [section 1232(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g&num=0&edition=prelim).
**(c) Limitation on expenditures**
(1) The Secretary may make expenditures and carry out the purposes of this section in such States where requests are made by the Governor or governing body of an Indian tribe for those reclamation projects which meet the priorities stated in [section 1233(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/a/1&num=0&edition=prelim), except that for the purposes of this section the reference to coal in [section 1233(a)(1) of this title](ht
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Source file: Laws/federal/codes/united-states-code/title-30/section-1239-filling-voids-and-sealing-tunnels--d80a563fcd.md
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Source location: Title 30, Chapter 25, § 1239; chapter-025-surface-mining-control-and-reclamation.md
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**(a) Congressional declaration of hazardous conditions** The Congress declares that voids, and open and abandoned tunnels, shafts, and entryways resulting from any previous mining operation, constitute a hazard to the public health or safety and that surface impacts of any underground or surface mining operation may degrade the environment. The Secretary, at the request of the Governor of any State, or the the 11 So in original. governing body of an Indian tribe, is authorized to fill such voids, seal such abandoned tunnels, shafts, and entryways, and reclaim surface impacts of underground or surface mines which the Secretary determines could endanger life and property, constitute a hazard to the public health and safety, or degrade the environment. State regulatory authorities are authorized to carry out such work pursuant to an approved abandoned mine reclamation program.
**(b) Limitation on funds** Funds available for use in carrying out the purpose of this section shall be limited to those funds which must be allocated to the respective States or Indian tribes under the provisions of paragraphs (1) and (5) of [section 1232(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g&num=0&edition=prelim).
**(c) Limitation on expenditures**
(1) The Secretary may make expenditures and carry out the purposes of this section in such States where requests are made by the Governor or governing body of an Indian tribe for those reclamation projects which meet the priorities stated in [section 1233(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/a/1&num=0&edition=prelim), except that for the purposes of this section the reference to coal in [section 1233(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/a/1&num=0&edition=prelim) shall not apply.
(2) The provisions of [section 1234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim) shall apply to this section, with the exception that such mined lands need not have been mined for coal.
(3) The Secretary shall not make any expenditures for the purposes of this section in those States which have made the certification referred to in [section 1240a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1240a/a&num=0&edition=prelim).
**(d) Disposal of mine wastes** In those instances where mine waste piles are being reworked for conservation purposes, the incremental costs of disposing of the wastes from such operations by filling voids and sealing tunnels may be eligible for funding providing that the disposal of these wastes meets the purposes of this section.
**(e) Land acquisition** The Secretary may acquire by purchase, donation, easement, or otherwise such interest in land as he determines necessary to carry out the provisions of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1231
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1234
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Federal law — U.S. Code and appendices · legal_authorities
Page 258
TITLE 30—MINERAL LANDS AND MINING
§ 1238
1 So in original.
accrue as a profit to such persons, firm, associa-
tion, or corporation. No part of the funds pro-
vided under this subchapter may be used to pay
the actual construction costs of housing. The
Secretary may carry out the purposes of this
subsection directly or he may make grants and
commitments for grants, and may advance
money under such terms and conditions as he
may require to any State, or any department,
agency, or instrumentality of a State, or any
public body or nonprofit organization designated
by a State.
(Pub. L. 95–87, title IV, § 407, Aug. 3, 1977, 91 Stat.
462; Pub. L. 101–508, title VI, § 6012(d)(4)–(7), Nov.
5, 1990, 104 Stat. 1388–298.)
Editorial Notes
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–508, § 6012(d)(4), (5), sub-
stituted a semicolon for the period at end of par. (4) and
‘‘then, upon giving notice’’ for ‘‘Then, upon giving no-
tice’’ in concluding provisions.
Subsec. (e). Pub. L. 101–508, § 6012(d)(6), substituted
‘‘paragraph (1) of subsection (c)’’ for ‘‘paragraph (1), of
this subsection’’.
Subsec. (g)(2). Pub. L. 101–508, § 6012(d)(7), substituted
‘‘use or’’ for ‘‘use of’’ before ‘‘disposition’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–508 effective Oct. 1, 1991,
see section 6014 of Pub. L. 101–508 set out as a note
under section 1231 of this title.
§ 1238. Liens
(a) Filing of statement and appraisal
Within six months after the completion of
projects to restore, reclaim, abate, control, or
prevent adverse effects of past coal mining prac-
tices on privately owned land, the Secretary or
the State, pursuant to an approved State pro-
gram, shall itemize the moneys so expended and
may file a s
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1239
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