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. 5, 1990, 104 Stat. 1388–296.) Editorial Notes REFERENCES IN TEXT The Federal Water Pollution Control Act (33 U.S.C.A. 1151, et seq. as amended), referred to in subsec. (d), is act June 30, 1948, ch. 758, 62 Stat. 1155, formerly classi- fied to chapter 23 (§ 1151 et seq.) of Title 33, Navigation and Navigable Waters, which was completely revised by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, and is clas- sified generally to chapter 26 (§ 1251 et seq.) of Title 33. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. PRIOR PROVISIONS A prior section 413 of Pub. L. 95–87 was renumbered section 414 and is classified to section 1243 of this title. § 1243. Interagency cooperation All departments, boards, commissioners, and agencies of the United States of America shall cooperate with the Secretary by providing tech- nical expertise, personnel, equipment, materials, and supplies to implement and administer the provisions of this subchapter. (Pub. L. 95–87, title IV, § 414, formerly § 413, Aug. 3, 1977, 91 Stat. 467, renumbered § 414, Pub. L. 101–508, title VI, § 6010(1), Nov. 5, 1990, 104 Stat. 1388–296.) § 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 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 con- currence of the State regulatory authority re- ferred to in subchapter V, that, without the in- centives, the eligible land would not be likely to be remined and reclaimed. (c) Incentives (1) In general Incentives that may be considered for inclu- sion 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; and (B) the use of amounts in the fund to pro- vide financial assurance for remining oper- ations in lieu of all or a portion of the per- formance bonds required under section 1259 of this title. (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 activities that meet the priorities specified in paragraph (1) or (2) of section 1233(a) of this title. (B) Amount The amount of a rebate or waiver provided as an incentive under paragraph (1)(A) to remine or reclaim eligible land shall not ex- ceed the estimated cost of reclaiming the el- igible land under this section. (Pub. L. 95–87, title IV, § 415, as added Pub. L. 109–432, div. C, title II, § 207, Dec. 20, 2006, 120 Stat. 3018.) § 1245. Abandoned hardrock mine reclamation (a) Establishment Not later than 90 days after November 15, 2021, the Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) shall establish a program to inventory, assess, decommission, re- claim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on conditions including need, public health and safety, potential environmental harm, and other land use priorities.