30 U.S.C. § 1240a — Certification

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 Page 260 TITLE 30—MINERAL LANDS AND MINING § 1240a lieu of the August 3, 1977, date referred to in paragraph (1) the applicable date shall be Au- gust 28, 1974, and November 26, 1980, respec- tively. (c) Priorities Expenditures of moneys for lands, waters, and facilities referred to in subsection (b) shall re- flect the following objectives and priorities in the order stated (in lieu of the priorities set forth in section 1233 of this title): (1) The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of mineral mining and processing practices. (2) The protection of public health, safety, and general welfare from adverse effects of mineral mining and processing practices. (3) The restoration of land and water re- sources and the environment previously de- graded by the adverse effects of mineral min- ing and processing practices. (d) Specific sites and areas not eligible Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radi- ation Control Act of 1978 (42 U.S.C. 7901 and fol- lowing) or which have been listed for remedial action pursuant to the Comprehensive Environ- mental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 and following) shall not be eligible for expenditures from the Fund under this section. (e) Utilities and other facilities Reclamation projects involving the protec- tion, repair, replacement, construction, or en- hancement of utilities, such as those relating to water supply, roads, and such other facilities serving the public adversely affected by mineral mining and processing practices, and the con- struction of public facilities in communities im- pacted by coal or other mineral mining and processing practices, shall be deemed part of the objectives set forth, and undertaken as they re- late to, the priorities stated in subsection (c). (f) Public facilities related to coal or minerals in- dustry Notwithstanding subsection (e), where the Secretary has concurred in the certification ref- erenced in subsection (a) and where the Gov- ernor of a State or the head of a governing body of an Indian tribe determines there is a need for activities or construction of specific public fa- cilities related to the coal or minerals industry in States impacted by coal or minerals develop- ment and the Secretary concurs in such need, then the State or Indian tribe, as the case may be, may use annual grants made available under section 1232(g)(1) of this title to carry out such activities or construction. (g) Application of other provisions The provisions of sections 1237 and 1238 of this title shall apply to subsections (a) through (e) of this section, except that for purposes of this sec- tion the references to coal in sections 1237 and 1238 of this title shall not apply. (h) Payments to States and Indian tribes (1) In general (A) Payments (i) In general Notwithstanding section 1231(f)(3)(B) of this title, from funds referred to in section 1232(i)(2) of this title, the Secretary shall make payments to States or Indian tribes for the amount due for the aggregate unap- propriated amount allocated to the State or Indian tribe under subparagraph (A) or (B) of section 1232(g)(1) of this title. (ii) Conversion as equivalent payments Amounts allocated under subparagraph (A) or (B) of section 1232(g)(1) of this title shall be reallocated to the allocation es- tablished in section 1232(g)(5) of this title in amounts equivalent to payments made to States or Indian tribes under this para- graph. (B) Amount due In this paragraph, the term ‘‘amount due’’ means the unappropriated amount allocated to a State or Indian tribe before October 1, 2007, under subparagraph (A) or (B) of sec- tion 1232(g)(1) of this title. (C) Schedule (i) In general Payments under subparagraph (A) shall be made in 7 equal annual installments, beginning with fiscal year 2008. (ii) Certain payments required Not withstanding any other provision of this chapter, as soon as practicable, but not later than December 10, 2015, of the 7 equal installments referred to in clause (i), the Secretary shall pay to any certified State or Indian tribe to which the total annual payment under this subsection was limited to $15,000,000 in 2013 and $28,000,000 in fiscal year 2014— (I) the final 2 installments in 2 sepa- rate payments of $82,700,000 each; and (II) 2 separate payments of $38,250,000 each. (D) Use of funds (i) Certified States and Indian tribes A State or Indian tribe that makes a cer- tification under subsection (a) in which the Secretary concurs shall use any amounts provided under this paragraph for the purposes established by the State leg- islature or tribal council of the Indian tribe, with priority given for addressing the impacts of mineral development. (ii) Uncertified States and Indian tribes A State or Indian tribe that has not made a certification under subsection (a) in which the Secretary has concurred shall use any amounts provided under this para- graph for the purposes described in section 1233 of this title. (2) Subsequent State and Indian tribe share for certified States and Indian tribes (A) In general Notwithstanding section 1231(f)(3)(B) of this title, from funds referred to in section Page 261 TITLE 30—MINERAL LANDS AND MINING § 1242 1232(i)(2) of this title, the Secretary shall pay to each certified State or Indian tribe an amount equal to the sum of the aggregate unappropriated amount allocated on or after October 1, 2007, to the certified State or In- dian tribe under subparagraph (A) or (B) of section 1232(g)(1) of this title. (B) Certified State or Indian tribe defined In this paragraph the term ‘‘certified State or Indian tribe’’ means a State or In- dian tribe for which a certification is made under subsection (a) in which the Secretary concurs. (3) Manner of payment (A) In general Subject to subparagraph (B), payments to States or Indian tribes under this subsection shall be made without regard to any limita- tion in section 1231(d) of this title and con- currently with payments to States under that section. (B) Initial payments The first 3 payments made to any State or Indian tribe shall be reduced to 25 percent, 50 percent, and 75 percent, respectively, of the amounts otherwise required under paragraph (2)(A). (C) Installments Amounts withheld from the first 3 annual installments as provided under subparagraph (B) shall be paid in 2 equal annual install- ments beginning with fiscal year 2018. (4) Reallocation (A) In general The annual amount allocated under sub- paragraph (A) or (B) of section 1232(g)(1) of this title to any State or Indian tribe that makes a certification under subsection (a) of this section in which the Secretary concurs shall be reallocated and available for grants under section 1232(g)(5) of this title. (B) Allocation The grants shall be allocated based on the amount of coal historically produced before August 3, 1977, in the same manner as under section 1232(g)(5) of this title. (Pub. L. 95–87, title IV, § 411, as added Pub. L. 101–508, title VI, § 6010(2), Nov. 5, 1990, 104 Stat. 1388–296; amended Pub. L. 109–432, div. C, title II, § 206, Dec. 20, 2006, 120 Stat. 3016; Pub. L. 112–141, div. F, title I, § 100125, July 6, 2012, 126 Stat. 915; Pub. L. 112–175, § 142, Sept. 28, 2012, 126 Stat. 1321; Pub. L. 113–40, § 10(d), Oct. 2, 2013, 127 Stat. 546; Pub. L. 114–94, div. D, title XLIII, § 43001, Dec. 4, 2015, 129 Stat. 1762.) Editorial Notes REFERENCES IN TEXT The Uranium Mill Tailings Radiation Control Act of 1978, referred to in subsec. (d), is Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, which is classified principally to chapter 88 (§ 7901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7901 of Title 42 and Tables. The Comprehensive Environmental Response Com- pensation and Liability Act of 1980, referred to in sub- sec. (d), probably means the Comprehensive Environ- mental Response, Compensation, and Liability Act of 1980, Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables. PRIOR PROVISIONS A prior section 411 of Pub. L. 95–87 was renumbered section 412 and was classified to section 1241 of this title, prior to being omitted from the Code. AMENDMENTS 2015—Subsec. (h)(1)(C). Pub. L. 114–94, § 43001(1), des- ignated existing provisions as cl. (i), inserted heading, and added cl. (ii). Subsec. (h)(5), (6). Pub. L. 114–94, § 43001(2), struck out pars. (5) and (6) which related to limitation on annual payments and supplemental funding, respectively. 2013—Subsec. (h)(6). Pub. L. 113–40 added par. (6). 2012—Subsec. (h)(4)(A). Pub. L. 112–175 amended sub- par. (A) generally. Prior to amendment, text read as follows: ‘‘The amount allocated to any State or Indian tribe under subparagraph (A) or (B) of section 1232(g)(1) of this title that is paid to the State or Indian tribe as a result of a payment under paragraph (1) or (2) shall be reallocated and available for grants under section 1232(g)(5) of this title.’’ Subsec. (h)(5). Pub. L. 112–141 added par. (5). 2006—Subsec. (a). Pub. L. 109–432, § 206(1), designated existing provisions as par. (1) and added par. (2). Subsec. (h). Pub. L. 109–432, § 206(2), added subsec. (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1991, see section 6014 of Pub. L. 101–508 set out as an Effective Date of 1990 Amend- ment note under section 1231 of this title. § 1241. Omitted Editorial Notes CODIFICATION Section, Pub. L. 95–87, title IV, § 412, formerly § 411, Aug. 3, 1977, 91 Stat. 466, renumbered § 412, Pub. L. 101–508, title VI, § 6010(1), Nov. 5, 1990, 104 Stat. 1388–296, which required the Secretary of the Interior or the State pursuant to an approved State program to report to Congress annually on operations under the fund to- gether with recommendations for future use of the fund, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 109 of House Document No. 103–7. § 1242. Powers of Secretary or State (a) Engage in work, promulgate rules and regula- tions, etc., to implement and administer this subchapter The Secretary or the State pursuant to an ap- proved State program, shall have the power and authority, if not granted it otherwise, to engage in any work and to do all things necessary or ex- pedient, including promulgation of rules and regulations, to implement and administer the provisions of this subchapter. (b) Engage in cooperative projects The Secretary or the State pursuant to an ap- proved State program, shall have the power and authority to engage in cooperative projects under this subchapter with any other agency of the United States of America, any State and their governmental agencies.