§ 1233. — Objectives of fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1233]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER IV--ABANDONED MINE RECLAMATIONS
Sec. 1233. Objectives of fund
(a) Priorities
Expenditure of moneys from the fund on lands and water eligible
pursuant to section 1234 of this title for the purposes of this
subchapter, except as provided for under section 1240a of this title,
shall reflect the following priorities in the order stated:
(1) the protection of public health, safety, general welfare,
and property from extreme danger of adverse effects of coal mining
practices;
(2) the protection of public health, safety, and general welfare
from adverse effects of coal mining practices;
(3) the restoration of land and water resources and the
environment previously degraded by adverse effects of coal mining
practices including measures for the conservation and development of
soil, water (excluding channelization), woodland, fish and wildlife,
recreation resources, and agricultural productivity.\1\
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\1\ So in original. The period probably should be a semicolon.
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(4) the protection, repair, replacement, construction, or
enhancement of public facilities such as utilities, roads,
recreation, and conservation facilities adversely affected by coal
mining practices;
(5) the development of publicly owned land adversely affected by
coal mining practices including land acquired as provided in this
subchapter for recreation and historic purposes, conservation, and
reclamation purposes and open space benefits.
(b) Utilities and other facilities
(1) Any State or Indian tribe not certified under section 1240a(a)
of this title may expend up to 30 percent of the funds allocated to such
State or Indian tribe in any year through the grants made available
under paragraphs (1) and (5) of section 1232(g) of this title for the
purpose of protecting, repairing, replacing, constructing, or enhancing
facilities relating to water supply, including water distribution
facilities and treatment plants, to replace water supplies adversely
affected by coal mining practices.
(2) If the adverse effect on water supplies referred to in this
subsection occurred both prior to and after August 3, 1977, or as the
case may be, the dates (and under the criteria) set forth under section
1232(g)(4)(B) of this title, section 1234 of this title shall not be
construed to prohibit a State or Indian tribe referred to in paragraph
(1) from using funds referred to in such paragraph for the purposes of
this subsection if the State or Indian tribe determines that such
adverse effects occurred predominantly prior to August 3, 1977, or as
the case may be, the dates (and under the criteria) set forth under
section 1232(g)(4)(B) of this title.
(c) Inventory
For the purposes of assisting in the planning and evaluation of
reclamation projects pursuant to section 1235 of this title, and
assisting in making the certification referred to in section 1240a(a) of
this title, the Secretary shall maintain an inventory of eligible lands
and waters pursuant to section 1234 of this title which meet the
priorities stated in paragraphs (1) and (2) of subsection (a) of this
section. Under standardized procedures established by the Secretary,
States and Indian tribes with approved abandoned mine reclamation
programs pursuant to section 1235 of this title may offer amendments to
update the inventory as it applies to eligible lands and waters under
the jurisdiction of such States or tribes. The Secretary shall provide
such States and tribes with the financial and technical assistance
necessary for the purpose of making inventory amendments. The Secretary
shall compile and maintain an inventory for States and Indian lands in
the case when a State or Indian tribe does not have an approved
abandoned mine reclamation program pursuant to section 1235 of this
title. On a regular basis, but not less than annually, the projects
completed under this subchapter shall be so noted on the inventory under
standardized procedures established by the Secretary.
(Pub. L. 95-87, title IV, Sec. 403, Aug. 3, 1977, 91 Stat. 458; Pub. L.
101-508, title VI, Sec. 6005, Nov. 5, 1990, 104 Stat. 1388-294; Pub. L.
102-486, title XXV, Sec. 2504(c)(2), (e), Oct. 24, 1992, 106 Stat. 3105,
3106.)
Amendments
1992--Subsec. (a)(4) to (6). Pub. L. 102-486, Sec. 2504(c)(2),
redesignated pars. (5) and (6) as (4) and (5), respectively, and struck
out former par. (4) which read as follows: ``research and demonstration
projects relating to the development of surface mining reclamation and
water quality control program methods and techniques;''.
Subsec. (b)(2). Pub. L. 102-486, Sec. 2504(e), inserted ``, or as
the case may be, the dates (and under the criteria) set forth under
section 1232(g)(4)(B) of this title'' after ``1977'' in two places.
1990--Pub. L. 101-508 designated existing provisions as subsec. (a),
inserted heading and ``, except as provided for under section 1240a of
this title,'' after ``subchapter'', and added subsecs. (b) and (c).
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 1232, 1234, 1239, 1240a,
1251a, 1291 of this title.
