[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1231]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER IV--ABANDONED MINE RECLAMATIONS
Sec. 1231. Abandoned Mine Reclamation Fund
(a) Establishment; administration; State funds
There is created on the books of the Treasury of the United States a
trust fund to be known as the Abandoned Mine Reclamation Fund
(hereinafter referred to as the ``fund'') which shall be administered by
the Secretary of the Interior. State abandoned mine reclamation funds
(State funds) generated by grants from this subchapter shall be
established by each State pursuant to an approved State program.
(b) Sources of deposits to fund
The fund shall consist of amounts deposited in the fund, from time
to time derived from--
(1) the reclamation fees levied under section 1232 of this
title;
(2) any user charge imposed on or for land reclaimed pursuant to
this subchapter after expenditures for maintenance have been
deducted;
(3) donations by persons, corporations, associations, and
foundations for the purposes of this subchapter;
(4) recovered moneys as provided for in this subchapter; and
(5) interest credited to the fund under subsection (e) of this
section.
(c) Use of moneys
Moneys in the fund may be used for the following purposes:
(1) reclamation and restoration of land and water resources
adversely affected by past coal mining, including but not limited to
reclamation and restoration of abandoned surface mine areas,
abandoned coal processing areas, and abandoned coal refuse disposal
areas; sealing and filling abandoned deep mine entries and voids;
planting of land adversely affected by past coal mining to prevent
erosion and sedimentation; prevention, abatement, treatment, and
control of water pollution created by coal mine drainage including
restoration of stream beds, and construction and operation of water
treatment plants; prevention, abatement, and control of burning coal
refuse disposal areas and burning coal in situ; prevention,
abatement, and control of coal mine subsidence; and establishment of
self-sustaining, individual State administered programs to insure
private property against damages caused by land subsidence resulting
from underground coal mining in those States which have reclamation
plans approved in accordance with section 1253 of this title:
Provided, That funds used for this purpose shall not exceed
$3,000,000 of the funds made available to any State under section
1232(g)(1) of this title;
(2) for transfer on an annual basis to the Secretary of
Agriculture for use under section 1236 of this title;
(3) acquisition and filling of voids and sealing of tunnels,
shafts, and entryways under section 1239 of this title;
(4) acquisition of land as provided for in this subchapter;
(5) enforcement and collection of the reclamation fee provided
for in section 1232 of this title;
(6) studies, research, and demonstration projects by the
Department of the Interior to such extent or in such amounts as are
provided in appropriation Acts with public and private organizations
conducted in accordance with section 3501 of the Omnibus Budget
Reconciliation Act of 1986, conducted for the purposes of this
subchapter;
(7) restoration, reclamation, abatement, control, or prevention
of adverse effects of coal mining which constitutes an emergency as
provided for in this subchapter;
(8) grants to the States to accomplish the purposes of this
subchapter;
(9) administrative expenses of the United States and each State
to accomplish the purposes of this subchapter;
(10) for use under section 1240a of this title;
(11) for the purpose of section 1257(c) of this title, except
that not more than $10,000,000 shall annually be available for such
purpose;
(12) for the purpose described in section 1232(h) of this title;
and
(13) all other necessary expenses to accomplish the purposes of
this subchapter.
(d) Moneys available upon appropriation; no fiscal year limitation
Moneys from the fund shall be available for the purposes of this
subchapter, only when appropriated therefor, and such appropriations
shall be made without fiscal year limitations.
(e) Interest
The Secretary of the Interior shall notify the Secretary of the
Treasury as to what portion of the fund is not, in his judgment,
required to meet current withdrawals. The Secretary of the Treasury
shall invest such portion of the fund in public debt securities with
maturities suitable for the needs of such fund and bearing interest at
rates determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities. The income on
such investments shall be credited to, and form a part of, the fund.
(Pub. L. 95-87, title IV, Sec. 401, Aug. 3, 1977, 91 Stat. 456; Pub. L.
98-473, title I, Sec. 101(c) [title III, Sec. 324], Oct. 12, 1984, 98
Stat. 1837, 1875; Pub. L. 101-508, title VI, Sec. 6002, Nov. 5, 1990,
104 Stat. 1388-289; Pub. L. 102-486, title XIX, Sec. 19143(b)(3)(A),
title XXV, Sec. 2504(c)(1), Oct. 24, 1992, 106 Stat. 3056, 3105.)
References in Text
Section 3501 of the Omnibus Budget Reconciliation Act of 1986,
referred to in subsec. (c)(6), is section 3501 of Pub. L. 99-509, which
is set out below.
Amendments
1992--Subsec. (c)(6). Pub. L. 102-486, Sec. 2504(c)(1), substituted
``studies, research, and demonstration projects'' for ``studies'' and
struck out ``to provide information, advice, and technical assistance,
including research and demonstration projects'' after ``private
organizations''.
Subsec. (c)(12), (13). Pub. L. 102-486, Sec. 19143(b)(3)(A), added
par. (12) and redesignated former par. (12) as (13).
1990--Subsec. (b)(1). Pub. L. 101-508, Sec. 6002(a)(1), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: ``the
reclamation fees levied under section 1232 of this title: Provided, That
an amount not to exceed 10 per centum of such reclamation fees collected
for any calendar quarter shall be reserved beginning in the first
calendar year in which the fee is imposed and continuing for the
remainder of that fiscal year and for the period in which such fee is
imposed by law, for the purpose of section 1257(c) of this title,
subject to appropriation pursuant to authorization under section 1302 of
this title: Provided further, That not more than $10,000,000 shall be
available for such purposes;''.
Subsec. (b)(5). Pub. L. 101-508, Sec. 6002(a)(2), added par. (5).
Subsec. (c)(1). Pub. L. 101-508, Sec. 6002(b)(1), substituted
``section 1232(g)(1)'' for ``section 1232(g)(2)''.
Subsec. (c)(2). Pub. L. 101-508, Sec. 6002(b)(2), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``for use under
section 1236 of this title, by the Secretary of Agriculture, of up to
one-fifth of the money deposited in the funds annually and transferred
by the Secretary of the Interior to the Secretary of Agriculture for
such purposes;''.
Subsec. (c)(6). Pub. L. 101-508, Sec. 6002(b)(3), struck out ``by
contract'' after ``Department of the Interior'' and inserted ``conducted
in accordance with section 3501 of the Omnibus Budget Reconciliation Act
of 1986'' after ``projects''.
Subsec. (c)(10) to (12). Pub. L. 101-508, Sec. 6002(b)(5), added
pars. (10) and (11) and redesignated former par. (10) as (12).
Subsec. (e). Pub. L. 101-508, Sec. 6002(c), added subsec. (e).
1984--Subsec. (c)(1). Pub. L. 98-473 inserted at end ``and
establishment of self-sustaining, individual State administered programs
to insure private property against damages caused by land subsidence
resulting from underground coal mining in those States which have
reclamation plans approved in accordance with section 1253 of this
title: Provided, That funds used for this purpose shall not exceed
$3,000,000 of the funds made available to any State under section
1232(g)(2) of this title;''.
Effective Date of 1990 Amendment
Section 6014 of Pub. L. 101-508 provided that: ``The amendments made
by this subtitle [subtitle A (Secs. 6001-6014) of title VI of Pub. L.
101-508, enacting section 1240a of this title and amending this section
and sections 1232 to 1237, 1239, 1257, and 1302 of this title] shall
take effect at the beginning of the first fiscal year [Oct. 1, 1991]
immediately following the fiscal year in which this subtitle is
enacted.''
Savings Provision
Section 6013 of Pub. L. 101-508 provided that: ``Nothing in this
subtitle [subtitle A (Secs. 6001-6014) of title VI of Pub. L. 101-508,
see Short Title of 1990 Amendment note set out under section 1201 of
this title] shall be construed to affect the certifications made by the
State of Wyoming, the State of Montana, and the State of Louisiana to
the Secretary of the Interior prior to the date of enactment of this
subtitle [Nov. 5, 1990] that such State has completed the reclamation of
eligible abandoned coal mine lands.''
Abandoned Mine Reclamation Fund; Deposit and Expenditure of Certain
Donations
Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112
Stat. 2681-231, 2681-245, provided in part: ``That hereafter, donations
received to support projects under the Appalachian Clean Streams
Initiative and under the Western Mine Lands Restoration Partnerships
Initiative, pursuant to 30 U.S.C. 1231, shall be credited to this
account and remain available until expended without further
appropriation for projects sponsored under these initiatives, directly
through agreements with other Federal agencies, or through grants to
States, and funding to local governments, or tax exempt private
entities.''
Abandoned Mine Reclamation Research and Development
Pub. L. 99-509, title III, Sec. 3501, Oct. 21, 1986, 100 Stat. 1891,
as amended by Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172,
provided that: ``After the enactment of this Act, t
