§ 1239. — Filling voids and sealing tunnels.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1239]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER IV--ABANDONED MINE RECLAMATIONS
Sec. 1239. Filling voids and sealing tunnels
(a) Congressional declaration of hazardous conditions
The Congress declares that voids, and open and abandoned tunnels,
shafts, and entryways resulting from any previous mining operation,
constitute a hazard to the public health or safety and that surface
impacts of any underground or surface mining operation may degrade the
environment. The Secretary, at the request of the Governor of any State,
or the the \1\ governing body of an Indian tribe, is authorized to fill
such voids, seal such abandoned tunnels, shafts, and entryways, and
reclaim surface impacts of underground or surface mines which the
Secretary determines could endanger life and property, constitute a
hazard to the public health and safety, or degrade the environment.
State regulatory authorities are authorized to carry out such work
pursuant to an approved abandoned mine reclamation program.
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\1\ So in original.
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(b) Limitation on funds
Funds available for use in carrying out the purpose of this section
shall be limited to those funds which must be allocated to the
respective States or Indian tribes under the provisions of paragraphs
(1) and (5) of section 1232(g) of this title.
(c) Limitation on expenditures
(1) The Secretary may make expenditures and carry out the purposes
of this section in such States where requests are made by the Governor
or governing body of an Indian tribe for those reclamation projects
which meet the priorities stated in section 1233(a)(1) of this title,
except that for the purposes of this section the reference to coal in
section 1233(a)(1) of this title shall not apply.
(2) The provisions of section 1234 of this title shall apply to this
section, with the exception that such mined lands need not have been
mined for coal.
(3) The Secretary shall not make any expenditures for the purposes
of this section in those States which have made the certification
referred to in section 1240a(a) of this title.
(d) Disposal of mine wastes
In those instances where mine waste piles are being reworked for
conservation purposes, the incremental costs of disposing of the wastes
from such operations by filling voids and sealing tunnels may be
eligible for funding providing that the disposal of these wastes meets
the purposes of this section.
(e) Land acquisition
The Secretary may acquire by purchase, donation, easement, or
otherwise such interest in land as he determines necessary to carry out
the provisions of this section.
(Pub. L. 95-87, title IV, Sec. 409, Aug. 3, 1977, 91 Stat. 465; Pub. L.
101-508, title VI, Sec. 6009, Nov. 5, 1990, 104 Stat. 1388-296.)
Amendments
1990--Subsec. (a). Pub. L. 101-508, Sec. 6009(1), substituted ``the
governing body of an Indian tribe'' for ``chairman of any tribe''.
Subsec. (b). Pub. L. 101-508, Sec. 6009(2), substituted ``Indian
tribes under the provisions of paragraphs (1) and (5) of section 1232(g)
of this title'' for ``Indian reservations under the provisions of
subsection 1232(g) of this title''.
Subsec. (c). Pub. L. 101-508, Sec. 6009(3), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``The
Secretary may make expenditures and carry out the purposes of this
section without regard to provisions of section 1234 of this title in
such States or Indian reservations where requests are made by the
Governor or tribal chairman and only after all reclamation with respect
to abandoned coal lands or coal development impacts have been met,
except for those reclamation projects relating to the protection of the
public health or safety.''
Effective Date of 1990 Amendment
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.
Section Referred to in Other Sections
This section is referred to in sections 1231, 1234 of this title.
