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

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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Source location: Title 30, Chapter 25, § 1234; 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. § 1240 — Emergency powers

**(a)** The Secretary is authorized to expend moneys from the fund for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices, on eligible lands, if the Secretary makes a finding of fact that— (1) an emergency exists constituting a danger to the public health, safety, or general welfare; and (2) no other person or agency will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices. **(b)** The Secretary, his agents, employees, and contractors shall have the right to enter upon any land where the emergency exists and any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary or expedient to protect the public health, safety, or general welfare. Such entry shall be construed as an exercise of the police power and shall not be construed as an act of condemnation of property nor of trespass thereof. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry: Provided, however, That this provision is not intended to create new rights of action or eliminate existing immunities.

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

30 U.S.C. § 1269 — Release of performance bonds or deposits

**(a) Filing of request; submittal of copy of advertisement; notification by letter of intent to seek release** The permittee may file a request with the regulatory authority for the release of all or part of a performance bond or deposit. Within thirty days after any application for bond or deposit release has been filed with the regulatory authority, the operator shall submit a copy of an advertisement placed at least once a week for four successive weeks in a newspaper of general circulation in the locality of the surface coal mining operation. Such advertisement shall be considered part of any bond release application and shall contain a notification of the precise location of the land affected, the number of acres, the permit and the date approved, the amount of the bond filed and the portion sought to be released, and the type and appropriate dates of reclamation work performed, and a description of the results achieved as they relate to the operator’s approved reclamation plan. In addition, as part of any bond release application, the applicant shall submit copies of letters which he has sent to adjoining property owners, local governmental bodies, planning agencies, and sewage and water treatment authorities, or water companies in the locality in which the surface coal mining and reclamation activities took place, notifying them of his intention to seek release from the bond. **(b) Inspection and evaluation; notification of decision** Upon receipt of the notification and request, the regulatory authority shall within thirty days conduct an inspection and evaluation of the reclamation work involved. Such evaluation shall consider, among other things, the degree of difficulty to complete any remaining reclamation, whether pollution of surface and subsurface water

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

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

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

**(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,

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

30 U.S.C. § 1251a — Abandoned coal refuse sites

(1) Notwithstanding any other provision of 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.] to the contrary, the Secretary of the Interior shall, within one year after October 24, 1992, publish proposed regulations in the Federal Register, and after opportunity for public comment publish final regulations, establishing environmental protection performance and reclamation standards, and separate permit systems applicable to operations for the on-site reprocessing of abandoned coal refuse and operations for the removal of abandoned coal refuse on lands that would otherwise be eligible for expenditure under section 404 and section 402(g)(4) of the Surface Mining Control and Reclamation Act of 1977 [[30 U.S.C. 1234](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim), 1232(g)(4)]. (2) The standards and permit systems referred to in paragraph (1) shall distinguish between those operations which reprocess abandoned coal refuse on-site, and those operations which completely remove abandoned coal refuse from a site for the direct use of such coal refuse, or for the reprocessing of such coal refuse, at another location. Such standards and permit systems shall be premised on the distinct differences between operations for the on-site reprocessing, and operations for the removal, of abandoned coal refuse and other types of surface coal mining operations. (3) The Secretary of the Interior may devise a different standard than any of those set forth in section 515 and section 516 of the Surface Mining Control and Reclamation Act of 1977 [[30 U.S.C. 1265](https://uscode.house.gov/view.xhtml?req=gran

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1251a

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