30 U.S.C. § 1237 — Acquisition and reclamation of land ad-

Page 256 TITLE 30—MINERAL LANDS AND MINING § 1237 hereinunder for (1) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment history applicable to land covered by the agreement for the pur- pose of any Federal program under which such history is used as a basis for an allotment or other limitation on the production of such crop; or (2) surrender of any such history and allot- ments. (g) Rules and regulations The Secretary of Agriculture shall be author- ized to issue such rules and regulations as he de- termines are necessary to carry out the provi- sions of this section. (h) Utilization of Natural Resources Conserva- tion Service In carrying out the provisions of this section, the Secretary of Agriculture shall utilize the services of the Natural Resources Conservation Service. (i) Authorization of appropriations There are authorized to be appropriated to the Secretary of Agriculture, from amounts in the Treasury other than amounts in the fund, such sums as may be necessary to carry out this sec- tion. (Pub. L. 95–87, title IV, § 406, Aug. 3, 1977, 91 Stat. 460; Pub. L. 97–98, title XV, § 1551, Dec. 22, 1981, 95 Stat. 1344; Pub. L. 101–508, title VI, §§ 6008, 6012(c), (d)(3), Nov. 5, 1990, 104 Stat. 1388–295, 1388–298; Pub. L. 109–432, div. C, title II, § 204, Dec. 20, 2006, 120 Stat. 3016.) Editorial Notes AMENDMENTS 2006—Subsec. (h). Pub. L. 109–432, § 204(a), substituted ‘‘Natural Resources Conservation Service’’ for ‘‘Soil Conservation Service’’. Subsec. (i). Pub. L. 109–432, § 204(b), added subsec. (i). 1990—Subsec. (a). Pub. L. 101–508, § 6012(d)(3), which di- rected the substitution of ‘‘(including owners’’ for ‘‘in- cluding owners’’ was executed the first time that phrase appeared to reflect the probable intent of Con- gress, because the parenthetical statement concluding with ‘‘water rights)’’ was enacted without an opening parenthesis. Subsec. (d). Pub. L. 101–508, § 6008, struck out ‘‘experi- mental’’ before ‘‘reclamation treatment projects’’ in last sentence. Subsec. (i). Pub. L. 101–508, § 6012(c), repealed subsec. (i) which read as follows: ‘‘Funds shall be made avail- able to the Secretary of Agriculture for the purposes of this section, as provided in section 1231 of this title.’’ 1981—Subsec. (d). Pub. L. 97–98 inserted provisions that notwithstanding any other provision of this sec- tion with regard to acreage limitations, the Secretary may carry out experimental reclamation treatment projects to control erosion and improve water quality on all lands within a hydrologic unit, consisting of not more than 25,000 acres, if the Secretary determines that treatment of such lands as a hydrologic unit will achieve greater reduction in the adverse effects of past surface mining practices than would be achieved if rec- lamation was done on individual parcels of land. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of Title 7, Agriculture. § 1237. Acquisition and reclamation of land ad- versely affected by past coal mining prac- tices (a) Findings of fact; notice; right of entry If the Secretary or the State pursuant to an approved State program, makes a finding of fact that— (1) land or water resources have been ad- versely affected by past coal mining practices; and (2) the adverse effects are at a stage where, in the public interest, action to restore, re- claim, abate, control, or prevent should be taken; and (3) the owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known, or readily available; or (4) the owners will not give permission for the United States, the States, political sub- divisions, their agents, employees, or contrac- tors to enter upon such property to restore, re- claim, abate, control, or prevent the adverse effects of past coal mining practices; then, upon giving notice by mail to the owners if known or if not known by posting notice upon the premises and advertising once in a news- paper of general circulation in the municipality in which the land lies, the Secretary, his agents, employees, or contractors, or the State pursuant to an approved State program, shall have the right to enter upon the property adversely af- fected by past coal mining practices and any other property to have access to such property to do all things necessary or expedient to re- store, reclaim, abate, control, or prevent the ad- verse effects. Such entry shall be construed as an exercise of the police power for the protec- tion of public health, safety, and general welfare and shall not be construed as an act of con- demnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing to any such premises so en- tered 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 provi- sion is not intended to create new rights of ac- tion or eliminate existing immunities. (b) Studies or exploratory work The Secretary, his agents, employees, or con- tractors or the State pursuant to an approved State program, shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the ex- istence of adverse effects of past coal mining practices and to determine the feasibility of res- toration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed Page 257 TITLE 30—MINERAL LANDS AND MINING § 1237 as an act of condemnation of property nor tres- pass thereon. (c) Requirements for acquisition of affected land The Secretary or the State pursuant to an ap- proved State program, may acquire any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the Secretary determines that acquisition of such land is necessary to successful reclamation and that— (1) the acquired land, after restoration, rec- lamation, abatement, control, or prevention of the adverse effects of past coal mining prac- tices, will serve recreation and historic pur- poses, conservation and reclamation purposes or provide open space benefits; and (2) permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or preven- tion of the adverse effects of past coal mining practices; or (3) acquisition of coal refuse disposal sites and all coal refuse thereon will serve the pur- poses of this subchapter or that public owner- ship is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices. (d) Title to affected land; value Title to all lands acquired pursuant to this section shall be in the name of the United States or, if acquired by a State pursuant to an approved program, title shall be in the name of the State. The price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices. (e) State participation; grants States are encouraged as part of their ap- proved State programs, to reclaim abandoned and unreclaimed mined lands within their boundaries and, if necessary, to acquire or to transfer such lands to the Secretary or the ap- propriate State regulatory authority under ap- propriate Federal regulations. The Secretary is authorized to make grants on a matching basis to States in such amounts as he deems appro- priate for the purpose of carrying out the provi- sions of this subchapter but in no event shall any grant exceed 90 per centum of the cost of ac- quisition of the lands for which the grant is made. When a State has made any such land available to the Federal Government under this subchapter, such State shall have a preference right to purchase such lands after reclamation at fair market value less the State portion of the original acquisition price. Notwithstanding the provisions of paragraph (1) of subsection (c), reclaimed land may be sold to the State or local government in which it is located at a price less than fair market value, which in no case shall be less than the cost to the United States of the purchase and reclamation of the land, as nego- tiated by the Secretary, to be used for a valid public purpose. If any land sold to a State or local government under this paragraph is not used for a valid public purpose as specified by the Secretary in the terms of the sales agree- ment then all right, title, and interest in such land shall revert to the United States. Money received from such sale shall be deposited in the fund. (f) Rules and regulations The Secretary, in formulating regulations for making grants to the States to acquire land pur- suant to this section, shall specify that acquired land meet the criteria provided for in sub- sections (c) and (d) of this section. The Sec- retary may provide by regulation that money derived from the lease, rental, or user charges of such acquired land and facilities thereon will be deposited in the fund. (g) Public sale; notice and hearing (1) Where land acquired pursuant to this sec- tion is deemed to be suitable for industrial, com- mercial, residential, or recreational develop- ment, the Secretary may sell or authorize the States to sell such land by public sale under a system of competitive bidding, at not less than fair market value and under such other regula- tions promulgated to insure that such lands are put to proper use consistent with local and State land use plans, if any, as determined by the Secretary. (2) The Secretary or the State pursuant to an approved State program, when requested after appropriate public notice shall hold a public hearing, with the appropriate notice, in the county or counties or the appropriate subdivi- sions of the State in which lands acquired pursu- ant to this section are located. The hearings shall be held at a time which shall afford local citizens and governments the maximum oppor- tunity to participate in the decision concerning the use or disposition of the lands after restora- tion, reclamation, abatement, control, or pre- vention of the adverse effects of past coal min- ing practices. (h) Construction or rehabilitation of housing for disabled, displaced, or dislocated persons; grants In addition to the authority to acquire land under subsection (d) of this section the Sec- retary is authorized to use money in the fund to acquire land by purchase, donation, or con- demnation, and to reclaim and transfer acquired land to any State or to a political subdivision thereof, or to any person, firm, association, or corporation, if he determines that such is an in- tegral and necessary element of an economically feasible plan for the project to construct or re- habilitate housing for persons disabled as the re- sult of employment in the mines or work inci- dental thereto, persons displaced by acquisition of land pursuant to this section, or persons dis- located as the result of adverse effects of coal mining practices which constitute an emergency as provided in section 1240 of this title or per- sons dislocated as the result of natural disasters or catastrophic failures from any cause. Such activities shall be accomplished under such terms and conditions as the Secretary shall re- quire, which may include transfers of land with or without monetary consideration: Provided, That, to the extent that the consideration is below the fair market value of the land trans- ferred, no portion of the difference between the fair market value and the consideration shall Page 258 TITLE 30—MINERAL LANDS AND MINING § 1238 1 So in original. accrue as a profit to such persons, firm, associa- tion, or corporation. No part of the funds pro- vided under this subchapter may be used to pay the actual construction costs of housing. The Secretary may carry out the purposes of this subsection directly or he may make grants and commitments for grants, and may advance money under such terms and conditions as he may require to any State, or any department, agency, or instrumentality of a State, or any public body or nonprofit organization designated by a State. (Pub. L. 95–87, title IV, § 407, Aug. 3, 1977, 91 Stat. 462; Pub. L. 101–508, title VI, § 6012(d)(4)–(7), Nov. 5, 1990, 104 Stat. 1388–298.) Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–508, § 6012(d)(4), (5), sub- stituted a semicolon for the period at end of par. (4) and ‘‘then, upon giving notice’’ for ‘‘Then, upon giving no- tice’’ in concluding provisions. Subsec. (e). Pub. L. 101–508, § 6012(d)(6), substituted ‘‘paragraph (1) of subsection (c)’’ for ‘‘paragraph (1), of this subsection’’. Subsec. (g)(2). Pub. L. 101–508, § 6012(d)(7), substituted ‘‘use or’’ for ‘‘use of’’ before ‘‘disposition’’. Statutory Notes and Related Subsidiaries 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. § 1238. Liens (a) Filing of statement and appraisal Within six months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining prac- tices on privately owned land, the Secretary or the State, pursuant to an approved State pro- gram, shall itemize the moneys so expended and may file a statement thereof in the office of the county in which the land lies which has the re- sponsibility under local law for the recording of judgments against land, together with a nota- rized appraisal by an independent appraiser of the value of the land before the restoration, rec- lamation, abatement, control, or prevention of adverse effects of past coal mining practices if the moneys so expended shall result in a signifi- cant increase in property value. Such statement shall constitute a lien upon the said land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining prac- tices. No lien shall be filed against the property of any person, in accordance with this sub- section, who neither consented to nor partici- pated in nor exercised control over the mining operation which necessitated the reclamation performed hereunder. (b) Petition The landowner may proceed as provided by local law to petition within sixty days of the fil- ing of the lien, to determine the increase in the market value of the land as a result of the res- toration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. The amount reported to be the increase in value of the premises shall con- stitute the amount of the lien and shall be re- corded with the statement herein provided. Any party aggrieved by the decision may appeal as provided by local law. (c) Recordation The lien provided in this section shall be en- tered in the county office in which the land lies and which has responsibility under local law for the recording of judgments against land. Such statement shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land. (Pub. L. 95–87, title IV, § 408, Aug. 3, 1977, 91 Stat. 465; Pub. L. 109–432, div. C, title II, § 205, Dec. 20, 2006, 120 Stat. 3016.) Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–432 struck out ‘‘who owned the surface prior to May 2, 1977, and’’ after ‘‘this subsection,’’ in last sentence. § 1239. Filling voids and sealing tunnels (a) Congressional declaration of hazardous con- ditions 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 safe- ty and that surface impacts of any underground or surface mining operation may degrade the en- vironment. The Secretary, at the request of the Governor of any State, or the the 1 governing body of an Indian tribe, is authorized to fill such voids, seal such abandoned tunnels, shafts, and entryways, and reclaim surface impacts of un- derground 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 regu- latory 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. (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, except that for the purposes of this section the ref- erence to coal in section 1233(a)(1) of this title shall not apply.