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

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

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

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Source file: Laws/federal/codes/united-states-code/title-30/section-1231-abandoned-mine-reclamation-fund--a201cb8f7c.md
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Source location: Title 30, Chapter 25, § 1231; chapter-025-surface-mining-control-and-reclamation.md

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**(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 plants; prevention, abatement, and control of burning coal refuse disposal areas and burning coal in situ; prevention, abatement, and control of coal mine subsidence; and establishment of self-sustaining, individual State administered programs to insure private property against damages caused by land subsidence resulting from underground coal mining in those States which have reclamation plans approved in accordance with [section 1253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1253&num=0&edition=prelim): Provided, That funds used for this purpose shall not exceed $3,000,000 of the funds made available to any State under [section 1232(g)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g/1&num=0&edition=prelim); (2) acquisition and filling of voids and sealing of tunnels, shafts, and entryways under [section 1239 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1239&num=0&edition=prelim); (3) acquisition of land as provided for in this subchapter; (4) enforcement and collection of the reclamation fee provided for in [section 1232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232&num=0&edition=prelim); (5) restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining which constitutes an emergency as provided for in this subchapter; (6) grants to the States to accomplish the purposes of this subchapter; (7) administrative expenses of the United States and each State to accomplish the purposes of this subchapter; (8) for use under [section 1240a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1240a&num=0&edition=prelim); (9) for the purpose of [section 1257(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1257/c&num=0&edition=prelim), except that not more than $10,000,000 shall annually be available for such purpose; (10) for the purpose described in [section 1232(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/h&num=0&edition=prelim); and (11) all other necessary expenses to accomplish the purposes of this subchapter. **(d) Availability of moneys; no fiscal year limitation** (1) **In general** — Moneys from the fund for expenditures under subparagraphs (A) through (D) of [section 1232(g)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g/3&num=0&edition=prelim) shall be available only when appropriated for those subparagraphs. (2) **No fiscal year limitation** — Appropriations described in paragraph (1) shall be made without fiscal year limitation. (3) **Other purposes** — Moneys from the fund shall be available for all other purposes of this subchapter without prior appropriation as provided in subsection (f). **(e) Interest** The Secretary of the Interior shall notify the Secretary of the Treasury as to what portion of the fund is not, in his judgment, required to meet current withdrawals. The Secretary of the Treasury shall invest such portion of the fund in public debt securities with maturities suitable for achieving the purposes of the transfers under [section 1232(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/h&num=0&edition=prelim) and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall be credited to, and form a part of, the fund for the purpose of the transfers under [section 1232(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/h&num=0&edition=prelim). **(f) General limitation on obligation authority** (1) **In general** — From amounts deposited into the fund under subsection (b), the Secretary shall distribute during each fiscal year beginning after September 30, 2007, an amount determined under paragraph (2). (2) **Amounts** (A) *For fiscal years 2008 through 2035* — For each of fiscal years 2008 through 2035, the amount distributed by the Secretary under this subsection shall be equal to— (i) the amounts deposited into the fund under paragraphs (1), (2), and (4) of subsection (b) for the preceding fiscal year that were allocated under 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); plus (ii) the amount needed for the adjustment under [section 1232(g)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g/8&num=0&edition=prelim) for the current fiscal year. (B) *Fiscal years 2036 and thereafter* — For fiscal year 2036 and each fiscal year thereafter, to the extent that funds are available, the Secretary shall distribute an amount equal to the amount distributed under subparagraph (A) during fiscal year 2035. (3) **Distribution** (A) *In general* — Except as provided in subparagraph (B), for each fiscal year, of the amount to be distributed to States and Indian tribes pursuant to paragraph (2), the Secretary shall distribute— (i) the amounts allocated under paragraph (1) of [section 1232(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g&num=0&edition=prelim), the amounts allocated under paragraph (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), and any amount reallocated under [section 1240a(h)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1240a/h/3&num=0&edition=prelim) in accordance with [section 1240a(h)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1240a/h/2&num=0&edition=prelim), for grants to States and Indian tribes under [section 1232(g)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g/5&num=0&edition=prelim); and (ii) the amounts allocated under [section 1232(g)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g/8&num=0&edition=prelim). (B) *Exclusion* — Beginning on October 1, 2007, certified States shall be ineligible to receive amounts under [section 1232(g)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g/1&num=0&edition=prelim). (4) **Availability** — Amounts in the fund available to the Secretary for obligation under this subsection shall be available until expended. (5) **Addition** (A) *In general* — Subject to subparagraph (B), the amount distributed under this subsection for each fiscal year shall be in addition to the amount appropriated from the fund during the fiscal year. (B) *Exceptions* — Notwithstanding paragraph (3), the amount distributed under this subsection for the first 4 fiscal years beginning on and after October 1, 2007, shall be equal to the following percentage of the amount otherwise required to be distributed: (i) 50 percent in fiscal year 2008. (ii) 50 percent in fiscal year 2009. (iii) 75 percent in fiscal year 2010. (iv) 75 percent in fiscal year 2011.

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

33 U.S.C. § 1251 — Congressional declaration of goals and policy

**(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective** The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter— (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985; (2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983; (3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited; (4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works; (5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State; (6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and (7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution. **(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States** It is the policy

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

42 U.S.C. § 18851 — Model guidance for combined heat and power systems and waste heat to power systems

**(a) Definitions** In this section: (1) **Additional services** — The term “additional services” means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility. (2) **Waste heat to power system** — The term “waste heat to power system” means a system that generates electricity through the recovery of waste energy. (3) **Other terms** (A) *Purpa* — The terms “electric consumer”, “electric utility”, “interconnection service”, “nonregulated electric utility”, and “State regulatory authority” have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 ([16 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2601&num=0&edition=prelim) et seq.), within the meaning of title I of that Act ([16 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2611&num=0&edition=prelim) et seq.). (B) *EPCA* — The terms “combined heat and power system” and “waste energy” have the meanings given those terms in [section 6341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6341&num=0&edition=prelim). **(b) Review** (1) **In general** — Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power s

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

42 U.S.C. § 9601 — Definitions

For purpose of this subchapter— (1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency. (3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit. (4) The term “claim” means a demand in writing for a sum certain. (5) The term “claimant” means any person who presents a claim for compensation under this chapter. (6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title. (7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals. (8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States. (9) The term “facility” means (A) any building, st

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

42 U.S.C. § 6901 — Congressional findings

**(a) Solid waste** The Congress finds with respect to solid waste— (1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products; (2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials; (3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas; (4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices. **(b) Environment and

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

30 U.S.C. § 1239 — Filling voids and sealing tunnels

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

30 U.S.C. § 1236 — Reclamation of rural lands

**(a) Agreements with landowners for conservation treatment** In order to provide for the control and prevention of erosion and sediment damages from unreclaimed mined lands, and to promote the conservation and development of soil and water resources of unreclaimed mined lands and lands affected by mining, the Secretary of Agriculture is authorized to enter into agreements of not more than ten years with landowners (including owners of water rights), residents, and tenants, and individually or collectively, determined by him to have control for the period of the agreement of lands in question therein, providing for land stabilization, erosion, and sediment control, and reclamation through conservation treatment, including measures for the conservation and development of soil, water (excluding stream channelization), woodland, wildlife, and recreation resources, and agricultural productivity of such lands. Such agreements shall be made by the Secretary with the owners, including owners of water rights, residents, or tenants (collectively or individually) of the lands in question. **(b) Conservation and development plans** The landowner, including the owner of water rights, resident, or tenant shall furnish to the Secretary of Agriculture a conservation and development plan setting forth the proposed land uses and conservation treatment which shall be mutually agreed by the Secretary of Agriculture and the landowner, including owner of water rights, resident, or tenant to be needed on the lands for which the plan was prepared. In those instances where it is determined that the water rights or water supply of a tenant, landowner, including owner of water rights, resident, or tenant have been adversely affected by a surface or underground coal mine operation which has remo

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1236

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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. § 1302 — Authorization of appropriations

There is authorized to be appropriated to the Secretary for the purposes of this chapter the following sums; and all such funds appropriated shall remain available until expended: **(a)** For the implementation and funding of sections 1252, 1273, and 1300 of this title, there are authorized to be appropriated to the Secretary of the Interior the sum of $10,000,000 for the fiscal year ending September 30, 1978, $25,000,000 for each of the two succeeding fiscal years, and in such fiscal years such additional amounts as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs. **(b)** For the implementation and funding of [section 1257(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1257/c&num=0&edition=prelim), see the provisions of [section 1231(c)(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1231/c/9&num=0&edition=prelim). **(c)** For the implementation and funding of [section 1295 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1295&num=0&edition=prelim) and for the administrative and other purposes of this chapter, except as otherwise provided for in this chapter, authorization is provided for the sum of $20,000,000 for the fiscal year ending September 30, 1978, and $30,000,000 for each of the two succeeding fiscal years and such funds that are required thereafter. **(d)** In order that the implementation of the requirements of this chapter may be initiated in a timely and orderly manner, the Secretary is authorized, subject to the approval of the appropriation Committees of the House and of the Senate, to utilize not to exceed $2,000,000 of the approp

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

30 U.S.C. § 1259 — Performance bonds

**(a) Filing with regulatory authority; scope; number and amount** After a surface coal mining and reclamation permit application has been approved but before such a permit is issued, the applicant shall file with the regulatory authority, on a form prescribed and furnished by the regulatory authority, a bond for performance payable, as appropriate, to the United States or to the State, and conditional upon faithful performance of all the requirements of this chapter and the permit. The bond shall cover that area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit. As succeeding increments of surface coal mining and reclamation operations are to be initiated and conducted within the permit area, the permittee shall file with the regulatory authority an additional bond or bonds to cover such increments in accordance with this section. The amount of the bond required for each bonded area shall depend upon the reclamation requirements of the approved permit; shall reflect the probable difficulty of reclamation giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential, and shall be determined by the regulatory authority. The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the regulatory authority in the event of forfeiture and in no case shall the bond for the entire area under one permit be less than $10,000. **(b) Liability period; execution** Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for a period coincident with operator’s responsibility for revegetation requirements

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

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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