Title 30 — Mineral Lands and MiningRelease 119-73not60

§1240 Emergency Powers

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

Last updated Apr 5, 2026|Official source

Summary

The Secretary can spend money from the fund to quickly fix or prevent harmful effects of coal mining on eligible lands if the Secretary finds two things: an emergency threatens public health, safety, or general welfare, and no other person or agency will act quickly to fix the problem. The Secretary and their agents or contractors may enter the land with the emergency and any land needed to reach it to do the work. That entry is treated as a public safety action, not a taking or trespass. Money spent and any benefit to the land may be charged to that land and reduce any owner’s damage claim. 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

Apr 5, 2026

Release point: 119-73not60