30 U.S.C. § 1240 — Emergency powers

Page 259 TITLE 30—MINERAL LANDS AND MINING § 1240a (2) The provisions of section 1234 of this title shall apply to this section, with the exception that such mined lands need not have been mined for coal. (3) The Secretary shall not make any expendi- tures for the purposes of this section in those States which have made the certification re- ferred to in section 1240a(a) of this title. (d) Disposal of mine wastes In those instances where mine waste piles are being reworked for conservation purposes, the incremental costs of disposing of the wastes from such operations by filling voids and sealing tunnels may be eligible for funding providing that the disposal of these wastes meets the pur- poses of this section. (e) Land acquisition The Secretary may acquire by purchase, dona- tion, easement, or otherwise such interest in land as he determines necessary to carry out the provisions of this section. (Pub. L. 95–87, title IV, § 409, Aug. 3, 1977, 91 Stat. 465; Pub. L. 101–508, title VI, § 6009, Nov. 5, 1990, 104 Stat. 1388–296.) Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–508, § 6009(1), substituted ‘‘the governing body of an Indian tribe’’ for ‘‘chairman of any tribe’’. Subsec. (b). Pub. L. 101–508, § 6009(2), substituted ‘‘In- dian tribes under the provisions of paragraphs (1) and (5) of section 1232(g) of this title’’ for ‘‘Indian reserva- tions under the provisions of subsection 1232(g) of this title’’. Subsec. (c). Pub. L. 101–508, § 6009(3), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘The Secretary may make expenditures and carry out the purposes of this section without regard to provisions of section 1234 of this title in such States or Indian reservations where requests are made by the Governor or tribal chairman and only after all reclama- tion with respect to abandoned coal lands or coal devel- opment impacts have been met, except for those rec- lamation projects relating to the protection of the pub- lic health or safety.’’ 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. § 1240. Emergency powers (a) The Secretary is authorized to expend moneys from the fund for the emergency res- toration, 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 dan- ger to the public health, safety, or general welfare; and (2) no other person or agency will act expedi- tiously 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, con- trol, or prevent the adverse effects of coal min- ing 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 prop- erty nor of trespass thereof. The moneys ex- pended 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 in- tended to create new rights of action or elimi- nate existing immunities. (Pub. L. 95–87, title IV, § 410, Aug. 3, 1977, 91 Stat. 466.) § 1240a. Certification (a) Certification of completion of coal reclama- tion (1) The Governor of a State, or the head of a governing body of an Indian tribe, with an ap- proved abandoned mine reclamation program under section 1235 of this title may certify to the Secretary that all of the priorities stated in section 1233(a) of this title for eligible lands and waters pursuant to section 1234 of this title 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 all reclamation projects relating to the priorities described in section 1233(a) of this title for eligible land and water pursuant to sec- tion 1234 of this title in the State or tribe have been completed. (B) The Secretary shall only make the certifi- cation after notice in the Federal Register and opportunity for public comment. (b) Eligible lands, waters, and facilities If the Secretary has concurred in a State or tribal certification under subsection (a), for pur- poses of determining the eligibility of lands and waters for annual grants under section 1232(g)(1) of this title, section 1234 of this title shall not apply, and eligible lands, waters, and facilities shall be those— (1) which were mined or processed for min- erals or which were affected by such mining or processing, and abandoned or left in an inad- equate reclamation status prior to August 3, 1977; and (2) for which there is no continuing reclama- tion responsibility under State or other Fed- eral laws. In determining the eligibility under this subsection of Federal lands, waters, and facilities under the jurisdiction of the Forest Service or Bureau of Land Management, in