§1242 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

The Secretary, or a State that has an approved program, can do the work and make rules needed to run and enforce this program. They can work with other federal or state agencies. They may ask the Attorney General to go to court to get an order that stops anyone from blocking access or work. They can build and run plants to treat water polluted by mine drainage; how much treatment is needed can depend on how the water will be used, but the treatment must meet the Federal Water Pollution Control Act. The Secretary may also transfer money to other federal agencies to carry out reclamation work.

Title 30, §1242

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)The Secretary or the State pursuant to an approved 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 expedient, including promulgation of rules and regulations, to implement and administer the provisions of this subchapter.

(b)The Secretary or the State pursuant to an approved 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.

(c)The Secretary or the State pursuant to an approved State program, may request the Attorney General, who is hereby authorized to initiate, in addition to any other remedies provided for in this subchapter, in any court of competent jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in this subchapter.

(d)The Secretary or the State pursuant to an approved State program, shall have the power and authority to construct and operate a plant or plants for the control and treatment of water pollution resulting from mine drainage. The extent of this control and treatment may be dependent upon the ultimate use of the water: Provided, That the above provisions of this paragraph shall not be deemed in any way to repeal or supersede any portion of the Federal Water Pollution Control Act (33 U.S.C.A. 1151, et seq. as amended) [33 U.S.C. 1251 et seq.] and no control or treatment under this subsection shall in any way be less than that required under the Federal Water Pollution Control Act. The construction of a plant or plants may include major interceptors and other facilities appurtenant to the plant.

(e)The Secretary may transfer funds to other appropriate Federal agencies, in order to carry out the reclamation activities authorized by this subchapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Water Pollution Control Act (33 U.S.C.A. 1151, et seq. as amended), referred to in subsec. (d), is act June 30, 1948, ch. 758, 62 Stat. 1155, formerly classified to chapter 23 (§ 1151 et seq.) of Title 33, Navigation and Navigable Waters, which was completely revised by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, and is classified generally to chapter 26 (§ 1251 et seq.) of Title 33. For complete classification of this Act to the Code, see

Short Title

note set out under section 1251 of Title 33 and Tables.

Prior Provisions

A prior section 413 of Pub. L. 95–87 was renumbered section 414 and is classified to section 1243 of this title.

§1242 Powers of Secretary or State