dreamproit/uscode huggingface dataset:
30 U.S.C. § 1234 (MINERAL LANDS AND MINING)
§ 1234. Eligible lands and water
Lands and water eligible for reclamation or drainage abatement expenditures under this subchapter are those which were mined for coal or which were affected by such mining, wastebanks, coal processing, or other coal mining processes, except as provided for under section 1240a of this title, and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under State or other Federal laws. For other provisions relating to lands and waters eligible for such expenditures, see section 1232(g)(4) of this title, section 1233(b)(1) of this title, and section 1239 of this title. Surface coal mining operations on lands eligible for remining shall not affect the eligibility of such lands for reclamation and restoration under this subchapter after the release of the bond or deposit for any such operation as provided under section 1269 of this title. In the event the bond or deposit for a surface coal mining operation on lands eligible for remining is forfeited, funds available under this subchapter may be used if the amount of such bond or deposit is not sufficient to provide for adequate reclamation or abatement, except that if conditions warrant the Secretary shall immediately exercise his authority under section 1240 of this title.
(Pub. L. 95–87, title IV, § 404, Aug. 3, 1977, 91 Stat. 459; Pub. L. 101–508, title VI, § 6006, Nov. 5, 1990, 104 Stat. 1388–295; Pub. L. 102–486, title XXV, § 2503(d), Oct. 24, 1992, 106 Stat. 3103.)
heading: Amendments
text: 1992—Pub. L. 102–486 inserted at end “Surface coal mining operations on lands eligible for remining shall not affect the eligibility of such lands for reclamation and restoration under this subchapter after the release of the bond or deposit for any such operation as provided under section 1269 of this title. In the event the bond or deposit for a surface coal mining operation on lands eligible for remining is forfeited, funds available under this subchapter may be used if the amount of such bond or deposit is not sufficient to provide for adequate reclamation or abatement, except that if conditions warrant the Secretary shall immediately exercise his authority under section 1240 of this title.”
1990—Pub. L. 101–508 inserted “, except as provided for under section 1240a of this title” after “processes” and inserted at end “For other provisions relating to lands and waters eligible for such expenditures, see section 1232(g)(4) of this title, section 1233(b)(1) of this title, and section 1239 of this title.”
heading: Effective Date of 1990 Amendment
text: Amendment 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.
30 U.S.C. § 1238 (MINERAL LANDS AND MINING)
§ 1238. Liens
(a) Filing of statement and appraisal
Within six months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the Secretary or the State, pursuant to an approved State program, shall itemize the moneys so expended and may file a statement thereof in the office of the county in which the land lies which has the responsibility under local law for the recording of judgments against land, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon the said land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. No lien shall be filed against the property of any person, in accordance with this subsection, who neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation performed hereunder.
(b) Petition
The landowner may proceed as provided by local law to petition within sixty days of the filing of the lien, to determine the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. The amount reported to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement herein provided. Any party aggrieved by the decision may appeal as provided by local law.
(c) Recordation
The lien provided in this section shall be entered in the county office in which the land lies and which has responsibility under local law for the recording of judgments against land. Such statement shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land.
(Pub. L. 95–87, title IV, § 408, Aug. 3, 1977, 91 Stat. 465; Pub. L. 109–432, div. C, title II, § 205, Dec. 20, 2006, 120 Stat. 3016.)
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–432 struck out “who owned the surface prior to May 2, 1977, and” after “this subsection,” in last sentence.
30 U.S.C. § 1240 (MINERAL LANDS AND MINING)
§ 1240. Emergency powers
(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.
(Pub. L. 95–87, title IV, § 410, Aug. 3, 1977, 91 Stat. 466.)
30 U.S.C. § 1241 (MINERAL LANDS AND MINING)
§ 1241. Omitted
heading: Codification
text: Section, Pub. L. 95–87, title IV, § 412, formerly § 411, Aug. 3, 1977, 91 Stat. 466, renumbered § 412, Pub. L. 101–508, title VI, § 6010(1), Nov. 5, 1990, 104 Stat. 1388–296, which required the Secretary of the Interior or the State pursuant to an approved State program to report to Congress annually on operations under the fund together with recommendations for future use of the fund, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 109 of House Document No. 103–7.
30 U.S.C. § 1243 (MINERAL LANDS AND MINING)
§ 1243. Interagency cooperation
All departments, boards, commissioners, and agencies of the United States of America shall cooperate with the Secretary by providing technical expertise, personnel, equipment, materials, and supplies to implement and administer the provisions of this subchapter.
(Pub. L. 95–87, title IV, § 414, formerly § 413, Aug. 3, 1977, 91 Stat. 467, renumbered § 414, Pub. L. 101–508, title VI, § 6010(1), Nov. 5, 1990, 104 Stat. 1388–296.)
30 U.S.C. § 1244 (MINERAL LANDS AND MINING)
§ 1244. Remining incentives
(a) In general
Notwithstanding any other provision of this chapter, the Secretary may, after opportunity for public comment, promulgate regulations that describe conditions under which amounts in the fund may be used to provide incentives to promote remining of eligible land under section 1234 of this title in a manner that leverages the use of amounts from the fund to achieve more reclamation with respect to the eligible land than would be achieved without the incentives.
(b) Requirements
Any regulations promulgated under subsection (a) shall specify that the incentives shall apply only if the Secretary determines, with the concurrence of the State regulatory authority referred to in subchapter V, that, without the incentives, the eligible land would not be likely to be remined and reclaimed.
(c) Incentives
(1) In general
Incentives that may be considered for inclusion in the regulations promulgated under subsection (a) include, but are not limited to—
(A) a rebate or waiver of the reclamation fees required under section 1232(a) of this title; and
(B) the use of amounts in the fund to provide financial assurance for remining operations in lieu of all or a portion of the performance bonds required under section 1259 of this title.
(2) Limitations
(A) Use
A rebate or waiver under paragraph (1)(A) shall be used only for operations that—
(i) remove or reprocess abandoned coal mine waste; or
(ii) conduct remining activities that meet the priorities specified in paragraph (1) or (2) of section 1233(a) of this title.
(B) Amount
The amount of a rebate or waiver provided as an incentive under paragraph (1)(A) to remine or reclaim eligible land shall not exceed the estimated cost of reclaiming the eligible land under this section.
(Pub. L. 95–87, title IV, § 415, as added Pub. L. 109–432, div. C, title II, § 207, Dec. 20, 2006, 120 Stat. 3018.)
30 U.S.C. § 1255 (MINERAL LANDS AND MINING)
§ 1255. State laws
(a) No State law or regulation in effect on August 3, 1977, or which may become effective thereafter, shall be superseded by any provision of this chapter or any regulation issued pursuant thereto, except insofar as such State law or regulation is inconsistent with the provisions of this chapter.
(b) Any provision of any State law or regulation in effect upon August 3, 1977, or which may become effective thereafter, which provides for more stringent land use and environmental controls and regulations of surface coal mining and reclamation operation than do the provisions of this chapter or any regulation issued pursuant thereto shall not be construed to be inconsistent with this chapter. The Secretary shall set forth any State law or regulation which is construed to be inconsistent with this chapter. Any provision of any State law or regulation in effect on August 3, 1977, or which may become effective thereafter, which provides for the control and regulation of surface mining and reclamation operations for which no provision is contained in this chapter shall not be construed to be inconsistent with this chapter.
(Pub. L. 95–87, title V, § 505, Aug. 3, 1977, 91 Stat. 473.)
30 U.S.C. § 1261 (MINERAL LANDS AND MINING)
§ 1261. Revision of permits
(a) Application and revised reclamation plan; requirements; extensions to area covered
(1) During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the regulatory authority.
(2) An application for a revision of a permit shall not be approved unless the regulatory authority finds that reclamation as required by this chapter and the State or Federal program can be accomplished under the revised reclamation plan. The revision shall be approved or disapproved within a period of time established by the State or Federal program. The regulatory authority shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply: Provided, That any revisions which propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit.
(b) Transfer, assignment, or sale of rights under permit
No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this chapter shall be made without the written approval of the regulatory authority.
(c) Review of outstanding permits
The regulatory authority shall within a time limit prescribed in regulations promulgated by the regulatory authority, review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit: Provided, That such revision or modification shall be based upon a written finding and subject to notice and hearing requirements established by the State or Federal program.
(Pub. L. 95–87, title V, § 511, Aug. 3, 1977, 91 Stat. 483.)
30 U.S.C. § 1262 (MINERAL LANDS AND MINING)
§ 1262. Coal exploration permits
(a) Regulations; contents
Each State or Federal program shall include a requirement that coal exploration operations which substantially disturb the natural land surface be conducted in accordance with exploration regulations issued by the regulatory authority. Such regulations shall include, at a minimum (1) the requirement that prior to conducting any exploration under this section, any person must file with the regulatory authority notice of intention to explore and such notice shall include a description of the exploration area and the period of supposed exploration and (2) provisions for reclamation in accordance with the performance standards in section 1265 of this title of all lands disturbed in exploration, including excavations, roads, drill holes, and the removal of necessary facilities and equipment.
(b) Confidential information
Information submitted to the regulatory authority pursuant to this subsection as confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area shall not be available for public examination.
(c) Penalties
Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or regulations issued pursuant thereto shall be subject to the provisions of section 1268 of this title.
(d) Limitation on removal of coal
No operator shall remove more than two hundred and fifty tons of coal pursuant to an exploration permit without the specific written approval of the regulatory authority.
(e) Law governing exploration of Federal lands
Coal exploration on Federal lands shall be governed by section 4 of the Federal Coal Leasing Amendments Act of 1975 (90 Stat. 1085).
(Pub. L. 95–87, title V, § 512, Aug. 3, 1977, 91 Stat. 483.)
heading: References in Text
text: Section 4 of the Federal Coal Leasing Amendments Act of 1975 (90 Stat. 1085), referred to in subsec. (e), is section 4 of Pub. L. 94–377, Aug. 4, 1976, 90 Stat. 1085, redesignated the Federal Coal Leasing Amendments Act of 1976, which amended section 201(b) of this title.
30 U.S.C. § 1274 (MINERAL LANDS AND MINING)
§ 1274. Public agencies, public utilities, and public corporations
Any agency, unit, or instrumentality of Federal, State, or local government, including any publicly owned utility or publicly owned corporation of Federal, State, or local government, which proposes to engage in surface coal mining operations which are subject to the requirements of this chapter shall comply with the provisions of this subchapter.
(Pub. L. 95–87, title V, § 524, Aug. 3, 1977, 91 Stat. 511.)
30 U.S.C. § 1277 (MINERAL LANDS AND MINING)
§ 1277. Special bituminous coal mines
(a) Issuance of separate regulations; criteria
The regulatory authority is authorized to issue separate regulations for those special bituminous coal surface mines located west of the 100th meridian west longitude which meet the following criteria:
(1) the excavation of the specific mine pit takes place on the same relatively limited site for an extended period of time;
(2) the excavation of the specific mine pit follows a coal seam having an inclination of fifteen degrees or more from the horizontal, and continues in the same area proceeding downward with lateral expansion of the pit necessary to maintain stability or as necessary to accommodate the orderly expansion of the total mining operation;
(3) the excavation of the specific mine pit involves the mining of more than one coal seam and mining has been initiated on the deepest coal seam contemplated to be mined in the current operation;
(4) the amount of material removed is large in proportion to the surface area disturbed;
(5) there is no practicable alternative method of mining the coal involved;
(6) there is no practicable method to reclaim the land in the manner required by this chapter; and
(7) the specific mine pit has been actually producing coal since January 1, 1972, in such manner as to meet the criteria set forth in this section, and, because of past duration of mining, is substantially committed to a mode of operation which warrants exceptions to some provisions of this subchapter.
(b) New bituminous coal surface mines
Such separate regulations shall also contain a distinct part to cover and pertain to new bituminous coal surface mines which may be developed after August 3, 1977, on lands immediately adjacent to lands upon which are located special bituminous mines existing on January 1, 1972. Such new mines shall meet the criteria of subsection (a) of this section except for paragraphs (3) and (7), and all requirements of State law, notwithstanding in whole or part the regulations issued pursuant to subsection (c) of this section. In the event of an amendment or revision to the State’s regulatory program, regulations, or decisions made thereunder governing such mines, the Secretary shall issue such additional regulations as necessary to meet the purposes of this chapter.
(c) Scope of alternative regulations
Such alternative regulations may pertain only to the standards governing onsite handling of spoils, elimination of depressions capable of collecting water, creation of impoundments, and regrading to the approximate original contour and shall specify that remaining highwalls are stable. All other performance standards in this subchapter shall apply to such mines.
(Pub. L. 95–87, title V, § 527, Aug. 3, 1977, 91 Stat. 513.)
30 U.S.C. § 1278 (MINERAL LANDS AND MINING)
§ 1278. Surface mining operations not subject to this chapter
The provisions of this chapter shall not apply to any of the following activities:
(1) the extraction of coal by a landowner for his own noncommercial use from land owned or leased by him; and
(2) the extraction of coal as an incidental part of Federal, State or local government-financed highway or other construction under regulations established by the regulatory authority.
(Pub. L. 95–87, title V, § 528, Aug. 3, 1977, 91 Stat. 514; Pub. L. 100–34, title II, § 201(a), May 7, 1987, 101 Stat. 300.)
heading: Amendments
text: 1987—Pub. L. 100–34 inserted “and” after “him;” in par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “the extraction of coal for commercial purposes where the surface mining operation affects two acres or less; and”.
heading: Effective Date of 1987 Amendment
text: Pub. L. 100–34, title II, § 201(b)–(e), May 7, 1987, 101 Stat. 300, provided that:
“(b) Effective Date for New Operations.—
The amendments made by this section [amending this section] shall take effect on the date 30 days after the enactment of this Act [May 7, 1987] with respect to each operator commencing surface coal mining operations on or after such date.
“(c) Effective Date for Existing Operations.—
The amendments made by this section shall take effect on the date 6 months after the enactment of this Act with respect to each operator commencing surface coal mining operations pursuant to an authorization under State law before the date 30 days after the enactment of this Act. Nothing in this Act [amending this section and section 1232 of this title] shall preclude reclamation activities pursuant to State law or regulations at the site of any surface coal mine which was exempt from the Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1201 et seq.] under section 528(2) of that Act [30 U.S.C. 1278(2)], as in effect before the enactment of this Act.
“(d) Effect on State Law.—
To the extent that any provision of a State law, or of a State regulation, adopted pursuant to the exception under section 528(2) of the Surface Mining Control and Reclamation Act of 1977 as in effect before the enactment of this Act, is inconsistent with the amendments made by this section, such provision shall be of no further force and effect after the effective date of such amendments.
“(e) Definition.—
For purposes of this section, the term ‘surface coal mining operations’ has the meaning provided by section 701(28) of the Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1291(28)].”
30 U.S.C. § 1279 (MINERAL LANDS AND MINING)
§ 1279. Anthracite coal mines
(a) The Secretary is authorized to and shall issue separate regulations according to time schedules established in this chapter for anthracite coal surface mines, if such mines are regulated by environmental protection standards of the State in which they are located. Such alternative regulations shall adopt, in each instance, the environmental protection provisions of the State regulatory program in existence on August 3, 1977, in lieu of sections 1265 and 1266 of this title. Provisions of sections 1259 and 1269 of this title are applicable except for specified bond limits and period of revegetation responsibility. All other provisions of this chapter apply and the regulation issued by the Secretary of Interior for each State anthracite regulatory program shall so reflect: Provided, however, That upon amendment of a State’s regulatory program for anthracite mining or regulations thereunder in force in lieu of the above-cited sections of this chapter, the Secretary shall issue such additional regulations as necessary to meet the purposes of this chapter.
(b) Omitted.
(Pub. L. 95–87, title V, § 529, Aug. 3, 1977, 91 Stat. 514.)
heading: Codification
text: Subsec. (b) of this section, which required the Secretary of the Interior to report to Congress biennially on the effectiveness of State anthracite regulatory programs operating in conjunction with this chapter with respect to protecting the environment, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 109 of House Document No. 103–7.