§1240 Emergency powers

Summary

The Secretary may spend money from the fund to fix, reclaim, control, or prevent harmful effects from coal mining on eligible lands (lands that qualify under the law) when two things are true: there is an emergency that threatens public health, safety, or the general welfare, and no other person or agency will act quickly to deal with it. The Secretary, agents, employees, and contractors may enter the emergency site and any nearby land needed to get to it to do the work. That entry is treated as an official public action, not as taking the property or as trespassing. The costs and any benefits from the work can be charged to the land and will reduce any damage claims by the owner. This does not create new legal causes of action or remove existing legal protections.