§1233 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

Money from the fund must be spent on eligible lands and waters in a set order, except as allowed under section 1240a. First, the top priority is protecting people, homes, and property from extreme dangers caused by coal mining, and cleaning up nearby land and water that were harmed and are next to a site fixed for those extreme dangers. Second, the fund must protect public health and safety from other harms caused by mining, and clean up nearby damaged land and water next to those fixes. Third, the fund can restore land and water harmed by mining and pay for conservation and development of soil, water (but not channelization), woods, fish and wildlife, recreation areas, and farming. States or Indian tribes that are not certified under section 1240a(a) may use their yearly grant money made available under paragraphs (1) and (5) of section 1232(g) to protect, repair, replace, build, or improve water supplies and related facilities, including distribution systems and treatment plants, when mining harmed the water. If a water problem happened both before and after August 3, 1977 (or the dates in section 1232(g)(4)(B)), a State or tribe may still use those funds if it finds the harm happened mostly before August 3, 1977 (or those dates). The Secretary must keep and update a standardized inventory (list) of eligible lands and waters that meet the first two priorities to help plan projects and make certifications. States and tribes with approved reclamation programs under section 1235 may propose updates to the list for their areas, subject to the Secretary’s approval, and the Secretary must give them financial and technical help. If a State or tribe has no approved program, the Secretary will make the inventory for those lands. Finished projects must be noted on the inventory regularly, but at least once a year.

Title 30, §1233

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)Expenditure of moneys from the fund on lands and water eligible pursuant to section 1234 of this title for the purposes of this subchapter, except as provided for under section 1240a of this title, shall reflect the following priorities in the order stated:

(1)(A)the protection; 11 So in original. of public health, safety, and property from extreme danger of adverse effects of coal mining practices;

(B)the restoration of land and water resources and the environment that—

(i)have been degraded by the adverse effects 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 resources and the environment that—

(i)have been degraded by the adverse effects 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 resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity.

(b)(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, repairing, replacing, constructing, or enhancing facilities 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 referred 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 prohibit a State or Indian tribe referred to in paragraph (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)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 maintain 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 reclamation programs pursuant to section 1235 of this title may offer amendments, subject to the approval 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 necessary 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 reclamation program pursuant to section 1235 of this title. On a regular basis, but not less than annually, the projects completed under this subchapter shall be so noted on the inventory under standardized procedures established by the Secretary.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (a)(1). Pub. L. 109–432, § 203(1)(A), designated existing provisions as subpar. (A), inserted semicolon after “protection”, struck out “general welfare,” 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 directed that a period be substituted for the semicolon at end, could not be executed because a period already appeared 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,

Construction

, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices; “(5) the development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this subchapter for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.” Subsec. (b). Pub. L. 109–432, § 203(2)(A), substituted “Water supply restoration” for “Utilities and other facilities” 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 “subchapter”, and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment 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.

§1233 Objectives of Fund

Summary

Title 30, §1233

Notes & Related Subsidiaries

Editorial Notes

Amendments

Construction

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata