§ 1235. — State reclamation program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1235]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER IV--ABANDONED MINE RECLAMATIONS
Sec. 1235. State reclamation program
(a) Promulgation of regulations
Not later than the end of the one hundred and eighty-day period
immediately following August 3, 1977, the Secretary shall promulgate and
publish in the Federal Register regulations covering implementation of
an abandoned mine reclamation program incorporating the provisions of
this subchapter and establishing procedures and requirements for
preparation, submission, and approval of State programs consisting of
the plan and annual submissions of projects.
(b) Submission of State Reclamation Plan and annual projects
Each State having within its borders coal mined lands eligible for
reclamation under this subchapter, may submit to the Secretary a State
Reclamation Plan and annual projects to carry out the purposes of this
subchapter.
(c) Restriction
The Secretary shall not approve, fund, or continue to fund a State
abandoned mine reclamation program unless that State has an approved
State regulatory program pursuant to section 1253 of this title.
(d) Approval of State program; withdrawal
If the Secretary determines that a State has developed and submitted
a program for reclamation of abandoned mines and has the ability and
necessary State legislation to implement the provisions of this
subchapter, sections 1232 and 1240 of this title excepted, the Secretary
shall approve such State program and shall grant to the State exclusive
responsibility and authority to implement the provisions of the approved
program: Provided, That the Secretary shall withdraw such approval and
authorization if he determines upon the basis of information provided
under this section that the State program is not in compliance with the
procedures, guidelines, and requirements established under subsection
(a) of this section.
(e) Contents of State Reclamation Plan
Each State Reclamation Plan shall generally identify the areas to be
reclaimed, the purposes for which the reclamation is proposed, the
relationship of the lands to be reclaimed and the proposed reclamation
to surrounding areas, the specific criteria for ranking and identifying
projects to be funded, and the legal authority and programmatic
capability to perform such work in conformance with the provisions of
this subchapter.
(f) Annual application for support; contents
On an annual basis, each State having an approved State Reclamation
Plan may submit to the Secretary an application for the support of the
State program and implementation of specific reclamation projects. Such
annual requests shall include such information as may be requested by
the Secretary including:
(1) a general description of each proposed project;
(2) a priority evaluation of each proposed project;
(3) a statement of the estimated benefits in such terms as:
number of acres restored, miles of stream improved, acres of surface
lands protected from subsidence, population protected from
subsidence, air pollution, hazards of mine and coal refuse disposal
area fires;
(4) an estimate of the cost for each proposed project;
(5) in the case of proposed research and demonstration projects,
a description of the specific techniques to be evaluated or
objective to be attained;
(6) an identification of lands or interest therein to be
acquired and the estimated cost; and
(7) in each year after the first in which a plan is filed under
this subchapter, an inventory of each project funded under the
previous year's grant: which inventory shall include details of
financial expenditures on such project together with a brief
description of each such project, including project locations,
landowner's name, acreage, type of reclamation performed.
(g) Costs
The costs for each proposed project under this section shall
include: actual construction costs, actual operation and maintenance
costs of permanent facilities, planning and engineering costs,
construction inspection costs, and other necessary administrative
expenses.
(h) Grant of funds
Upon approval of State Reclamation Plan by the Secretary and of the
surface mine regulatory program pursuant to section 1253 of this title,
the Secretary shall grant, on an annual basis, funds to be expended in
such State pursuant to section 1232(g) of this title and which are
necessary to implement the State reclamation program as approved by the
Secretary.
(i) Program monitorship
The Secretary, through his designated agents, will monitor the
progress and quality of the program. The States shall not be required at
the start of any project to submit complete copies of plans and
specifications.
(j) Annual report to Secretary
The Secretary shall require annual and other reports as may be
necessary to be submitted by each State administering the approved State
reclamation program with funds provided under this subchapter. Such
reports shall include that information which the Secretary deems
necessary to fulfill his responsibilities under this subchapter.
(k) Eligible lands of Indian tribes
Indian tribes having within their jurisdiction eligible lands
pursuant to section 1234 of this title or from which coal is produced,
shall be considered as a ``State'' for the purposes of this subchapter
except for purposes of subsection (c) of this section with respect to
the Navajo, Hopi and Crow Indian Tribes.
(l) State liability
No State shall be liable under any provision of Federal law for any
costs or damages as a result of action taken or omitted in the course of
carrying out a State abandoned mine reclamation plan approved under this
section. This subsection shall not preclude liability for cost or
damages as a result of gross negligence or intentional misconduct by the
State. For purposes of the preceding sentence, reckless, willful, or
wanton misconduct shall constitute gross negligence.
(Pub. L. 95-87, title IV, Sec. 405, Aug. 3, 1977, 91 Stat. 459; Pub. L.
100-71, title I, July 11, 1987, 101 Stat. 416; Pub. L. 101-508, title
VI, Secs. 6007, 6012(d)(1), (2), Nov. 5, 1990, 104 Stat. 1388-295, 1388-
298.)
Amendments
1990--Subsec. (a). Pub. L. 101-508, Sec. 6012(d)(1), substituted
``preparation'' for ``perparation''.
Subsec. (h). Pub. L. 101-508, Sec. 6012(d)(2), substituted ``Upon
approval'' for ``Upon approved''.
Subsec. (l). Pub. L. 101-508, Sec. 6007, added subsec. (l).
1987--Subsec. (k). Pub. L. 100-71 inserted ``except for purposes of
subsection (c) of this section with respect to the Navajo, Hopi and Crow
Indian Tribes'' before period.
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.
Grant of Funds to States Under Surface Mining Control and Reclamation
Act
Pub. L. 97-377, title I, Sec. 150, Dec. 21, 1982, 96 Stat. 1918,
provided that: ``Within 60 days of receipt of a complete abandoned mine
reclamation fund grant application from any eligible State under the
provisions of the Surface Mining Control and Reclamation Act (91 Stat.
460) [Pub. L. 95-87, see Short Title note set out under section 1201 of
this title] the Secretary of Interior shall grant to such State any and
all funds available for such purposes in the applicable appropriations
Act.''
Section Referred to in Other Sections
This section is referred to in sections 1232, 1233, 1240a of this
title.
