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30 U.S.C. § 1244 — Remining incentives

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

30 U.S.C. § 1244 — Remining incentives

**(a) In general** Notwithstanding any other provision of this chapter, the Secretary may, after opportunity for public comment, promulgate regulations that describe conditions under which amounts in the fund may be used to provide incentives to promote remining of eligible land under [section 1234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim) in a manner that leverages the use of amounts from the fund to achieve more reclamation with respect to the eligible land than would be achieved without the incentives. **(b) Requirements** Any regulations promulgated under subsection (a) shall specify that the incentives shall apply only if the Secretary determines, with the concurrence of the State regulatory authority referred to in subchapter V, that, without the incentives, the eligible land would not be likely to be remined and reclaimed. **(c) Incentives** (1) **In general** — Incentives that may be considered for inclusion in the regulations promulgated under subsection (a) include, but are not limited to— (A) a rebate or waiver of the reclamation fees required under [section 1232(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/a&num=0&edition=prelim); and (B) the use of amounts in the fund to provide financial assurance for remining operations in lieu of all or a portion of the performance bonds required under [section 1259 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1259&num=0&edition=prelim). (2) **Limitations** (A) *Use* — A rebate or waiver under paragraph (1)(A) shall be used only for operations that— (i) remove or reprocess abandoned coal mine waste; or (ii) conduct remining a

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Source file: Laws/federal/codes/united-states-code/title-30/section-1244-remining-incentives--e030aba650.md
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Source location: Title 30, Chapter 25, § 1244; chapter-025-surface-mining-control-and-reclamation.md

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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. § 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. § 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. § 1244 — Remining incentives

Page 262 TITLE 30—MINERAL LANDS AND MINING § 1243 (c) Request for action to restrain interference with regard to this subchapter The Secretary or the State pursuant to an ap- proved State program, may request the Attor- ney General, who is hereby authorized to ini- tiate, in addition to any other remedies provided for in this subchapter, in any court of competent jurisdiction, an action in equity for an injunc- tion to restrain any interference with the exer- cise of the right to enter or to conduct any work provided in this subchapter. (d) Construct and operate plants for control and treatment of water pollution resulting from mine drainage The Secretary or the State pursuant to an ap- proved State program, shall have the power and authority to construct and operate a plant or plants for the control and treatment of water pollution resulting from mine drainage. The ex- tent of this control and treatment may be de- pendent upon the ultimate use of the water: Pro- vided, That the above provisions of this para- graph shall not be deemed in any way to repeal or supersede any portion of the Federal Water Pollution Control Act (33 U.S.C.A. 1151, et seq. as amended) [33 U.S.C. 1251 et seq.] and no con- trol or treatment under this subsection shall in any way be less than that required under the Federal Water Pollution Control Act. The con- struction of a plant or plants may include major interceptors and other facilities appurtenant to the plant. (e) Transfer funds The Secretary may transfer funds to other ap- propriate Federal agencies, in order to carry out the reclamation activities authorized by this subchapter. (Pub. L. 95–87, title IV, § 413, formerly § 412, Aug. 3, 1977, 91 Stat. 466, renumbered § 413, Pub. L. 101–508, title VI, § 6010(1), Nov

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