Title 30, Mineral Lands and MiningRelease 119-102

§1240 Emergency Powers

Title 30 › CHAPTER 25 — SURFACE MINING CONTROL AND RECLAMATION › SUBCHAPTER IV — ABANDONED MINE RECLAMATIONS › § 1240

Last updated Aug 21, 2026|Official source

Summary

The Secretary may spend fund money to fix or stop emergency harms from coal mining on eligible land. The Secretary must first find that the situation is a danger to public health, safety, or general welfare and that no other person or agency will act quickly. The Secretary, and people working for the Secretary, may go onto the land where the emergency is and onto nearby land to reach it. They may do what is needed to restore, control, or prevent the harm and to protect the public. Their entry is treated as a government safety action, not as taking the land or as trespass. The costs and any benefits from the work can be charged to the land and will reduce any damage claims by owners. This does not create new lawsuits or remove existing legal protections.

Full Legal Text

Title 30, §1240

Mineral Lands and Mining, Source: USLM XML via OLRC

(a)The Secretary is authorized to expend moneys from the fund for the emergency restoration, 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 danger to the public health, safety, or general welfare; and

(2)no other person or agency will act expeditiously 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, control, or prevent the adverse effects of coal mining 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 property nor of trespass thereof. The moneys expended 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 intended to create new rights of action or eliminate existing immunities.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1240

Title 30, Mineral Lands and Mining

Last Updated

Aug 21, 2026

Release point: 119-102