30 U.S.C. § 1233 — Objectives of fund

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 under section 1240a of this title, shall reflect the following priorities in the order stated: (1)(A) the protection; 1 of public health, safe- ty, and property from extreme danger of ad- verse effects of coal mining practices; (B) the restoration of land and water re- sources and the environment that— (i) have been degraded by the adverse ef- fects 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 re- sources and the environment that— (i) have been degraded by the adverse ef- fects 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 re- sources and the environment previously de- graded by adverse effects of coal mining prac- tices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural produc- tivity. (b) Water supply restoration (1) Any State or Indian tribe not certified under section 1240a(a) of this title 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 for the purpose of protecting, repair- ing, replacing, constructing, or enhancing facili- ties 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 re- ferred 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, section 1234 of this title shall not be construed to pro- hibit a State or Indian tribe referred to in para- graph (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. (c) Inventory For the purposes of assisting in the planning and evaluation of reclamation projects pursuant to section 1235 of this title, and assisting in making the certification referred to in section 1240a(a) of this title, the Secretary shall main- tain an inventory of eligible lands and waters pursuant to section 1234 of this title 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 reclama- tion programs pursuant to section 1235 of this title may offer amendments, subject to the ap- proval 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 nec- essary 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 rec- lamation program pursuant to section 1235 of this title. On a regular basis, but not less than annually, the projects completed under this sub- chapter shall be so noted on the inventory under standardized procedures established by the Sec- retary. (Pub. L. 95–87, title IV, § 403, Aug. 3, 1977, 91 Stat. 458; Pub. L. 101–508, title VI, § 6005, Nov. 5, 1990, 104 Stat. 1388–294; Pub. L. 102–486, title XXV, § 2504(c)(2), (e), Oct. 24, 1992, 106 Stat. 3105, 3106; Pub. L. 109–432, div. C, title II, § 203, Dec. 20, 2006, 120 Stat. 3015.) Editorial Notes AMENDMENTS 2006—Subsec. (a)(1). Pub. L. 109–432, § 203(1)(A), des- ignated existing provisions as subpar. (A), inserted Page 253 TITLE 30—MINERAL LANDS AND MINING § 1235 semicolon after ‘‘protection’’, struck out ‘‘general wel- fare,’’ after ‘‘safety,’’, and added subpar. (B). Subsec. (a)(2). Pub. L. 109–432, § 203(1)(B), designated existing provisions as subpar. (A), substituted ‘‘health and safety’’ for ‘‘health, safety, and general welfare’’, and added subpar. (B). Subsec. (a)(3). Pub. L. 109–432, § 203(1)(C), which di- rected that a period be substituted for the semicolon at end, could not be executed because a period already ap- peared at end. Subsec. (a)(4), (5). Pub. L. 109–432, § 203(1)(D), struck out pars. (4) and (5) which read as follows: ‘‘(4) the protection, repair, replacement, construc- tion, or enhancement of public facilities such as utili- ties, roads, recreation, and conservation facilities ad- versely affected by coal mining practices; ‘‘(5) the development of publicly owned land ad- versely affected by coal mining practices including land acquired as provided in this subchapter for recre- ation and historic purposes, conservation, and reclama- tion purposes and open space benefits.’’ Subsec. (b). Pub. L. 109–432, § 203(2)(A), substituted ‘‘Water supply restoration’’ for ‘‘Utilities and other fa- cilities’’ in heading. Subsec. (b)(1). Pub. L. 109–432, § 203(2)(B), struck out ‘‘up to 30 percent of the’’ before ‘‘funds’’. Subsec. (c). Pub. L. 109–432, § 203(3), inserted ‘‘, subject to the approval of the Secretary,’’ after ‘‘amendments’’ in second sentence. 1992—Subsec. (a)(4) to (6). Pub. L. 102–486, § 2504(c)(2), redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out former par. (4) which read as follows: ‘‘research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques;’’. Subsec. (b)(2). Pub. L. 102–486, § 2504(e), inserted ‘‘, or as the case may be, the dates (and under the criteria) set forth under section 1232(g)(4)(B) of this title’’ after ‘‘1977’’ in two places. 1990—Pub. L. 101–508 designated existing provisions as subsec. (a), inserted heading and ‘‘, except as provided for under section 1240a of this title,’’ after ‘‘sub- chapter’’, and added subsecs. (b) and (c). 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. § 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 min- ing processes, except as provided for under sec- tion 1240a of this title, and abandoned or left in an inadequate reclamation status prior to Au- gust 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, section 1233(b)(1) of this title, and section 1239 of this title. Surface coal mining operations on lands eligible for remining shall not affect the eligi- bility of such lands for reclamation and restora- tion under this subchapter after the release of the bond or deposit for any such operation as provided under section 1269 of this title. In the event the bond or deposit for a surface coal min- ing operation on lands eligible for remining is forfeited, funds available under this subchapter may be used if the amount of such bond or de- posit is not sufficient to provide for adequate reclamation or abatement, except that if condi- tions warrant the Secretary shall immediately exercise his authority under section 1240 of this title. (Pub. L. 95–87, title IV, § 404, Aug. 3, 1977, 91 Stat. 459; Pub. L. 101–508, title VI, § 6006, Nov. 5, 1990, 104 Stat. 1388–295; Pub. L. 102–486, title XXV, § 2503(d), Oct. 24, 1992, 106 Stat. 3103.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–486 inserted at end ‘‘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 pro- vided under section 1269 of this title. 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 ade- quate reclamation or abatement, except that if condi- tions warrant the Secretary shall immediately exercise his authority under section 1240 of this title.’’ 1990—Pub. L. 101–508 inserted ‘‘, except as provided for under section 1240a of this title’’ after ‘‘processes’’ and inserted at end ‘‘For other provisions relating to lands and waters eligible for such expenditures, see sec- tion 1232(g)(4) of this title, section 1233(b)(1) of this title, and section 1239 of this title.’’ 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. § 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 pub- lish in the Federal Register regulations covering implementation of an abandoned mine reclama- tion 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 con- tinue to fund a State abandoned mine reclama- tion program unless that State has an approved State regulatory program pursuant to section 1253 of this title. (d) Approval of State program; withdrawal If the Secretary determines that a State has developed and submitted a program for reclama- tion of abandoned mines and has the ability and necessary State legislation to implement the