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30 U.S.C. § 1233 — Objectives of fund
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-30/section-1233-objectives-of-fund--f64f6f9924.md
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Source location: Title 30, Chapter 25, § 1233; chapter-025-surface-mining-control-and-reclamation.md
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**(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 funds allocated to such State or Indian tribe in any year through the grants made available 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) for the purpose of protecting, repairing, replacing, constructing, or enhancing facilities relating to water supply, including water distribution facilities and treatment plants, to replace water supplies adversely affected by coal mining practices.
(2) If the adverse effect on water supplies referred to in this subsection occurred both prior to and after August 3, 1977, or as the case may be, the dates (and under the criteria) set forth under [section 1232(g)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g/4/B&num=0&edition=prelim), [section 1234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim) shall not be construed to prohibit a State or Indian tribe referred to in paragraph (1) from using funds referred to in such paragraph for the purposes of this subsection if the State or Indian tribe determines that such adverse effects occurred predominantly prior to August 3, 1977, or as the case may be, the dates (and under the criteria) set forth under [section 1232(g)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/g/4/B&num=0&edition=prelim).
**(c) Inventory** For the purposes of assisting in the planning and evaluation of reclamation projects pursuant to [section 1235 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1235&num=0&edition=prelim), and assisting in making 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), the Secretary shall maintain an inventory of 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) which meet the priorities stated in paragraphs (1) and (2) of subsection (a). Under standardized procedures established by the Secretary, States and Indian tribes with approved abandoned mine reclamation programs pursuant to [section 1235 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1235&num=0&edition=prelim) may offer amendments, subject to the approval of the Secretary, to update the inventory as it applies to eligible lands and waters under the jurisdiction of such States or tribes. The Secretary shall provide such States and tribes with the financial and technical assistance necessary for the purpose of making inventory amendments. The Secretary shall compile and maintain an inventory for States and Indian lands in the case when a State or Indian tribe does not have an approved abandoned mine reclamation program pursuant to [section 1235 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1235&num=0&edition=prelim). On a regular basis, but not less than annually, the projects completed under this subchapter shall be so noted on the inventory under standardized procedures established by the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
**(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,
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1235
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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
**(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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1231a
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Federal law — U.S. Code and appendices · legal_authorities
Page 252
TITLE 30—MINERAL LANDS AND MINING
§ 1233
1 So in original.
1977 (30 U.S.C. 1232(i)(4)(G)), as added by this section,
shall apply to plan years beginning after the date of the
enactment of this Act [Dec. 20, 2019].’’
EFFECTIVE DATE OF 2017 AMENDMENT
Pub. L. 115–31, div. M, title I, § 104(b), May 5, 2017, 131
Stat. 804, provided that: ‘‘The amendments made by
this section [amending this section] shall apply to fis-
cal years beginning after September 30, 2016.’’
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–432, div. C, title II, § 202(a)(1), Dec. 20, 2006,
120 Stat. 3008, provided that the amendment made by
section 202(a)(1) [amending this section] is effective
Oct. 1, 2007.
Pub. L. 109–432, div. C, title II, § 202(a)(2), Dec. 20, 2006,
120 Stat. 3008, provided that the amendment made by
section 202(a)(2) [amending this section] is effective
Oct. 1, 2012.
Pub. L. 109–432, div. C, title II, § 202(b), Dec. 20, 2006,
120 Stat. 3008, provided that the amendment made by
section 202(b) [amending this section] is effective Sept.
30, 2007.
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.
WAGE RATE REQUIREMENTS
For provisions relating to rates of wages to be paid to
laborers and mechanics on projects for construction,
alteration, or repair work funded under div. D or an
amendment by div. D of Pub. L. 117–58, including au-
thority of Secretary of Labor, see section 18851 of Title
42, The Public Health and Welfare.
§ 1233. Objectives of fund
(a) Priorities
Expenditure of moneys from the fund on lands
and water eligible pursuant to section 1234 of
this title for the purposes of this subchapter, ex-
cept as provided for
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1233
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.