§ 1237. — Acquisition and reclamation of land adversely affected by past coal mining practices.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1237]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER IV--ABANDONED MINE RECLAMATIONS
Sec. 1237. Acquisition and reclamation of land adversely
affected by past coal mining practices
(a) Findings of fact; notice; right of entry
If the Secretary or the State pursuant to an approved State program,
makes a finding of fact that--
(1) land or water resources have been adversely affected by past
coal mining practices; and
(2) the adverse effects are at a stage where, in the public
interest, action to restore, reclaim, abate, control, or prevent
should be taken; and
(3) the owners of the land or water resources where entry must
be made to restore, reclaim, abate, control, or prevent the adverse
effects of past coal mining practices are not known, or readily
available; or
(4) the owners will not give permission for the United States,
the States, political subdivisions, their agents, employees, or
contractors to enter upon such property to restore, reclaim, abate,
control, or prevent the adverse effects of past coal mining
practices;
then, upon giving notice by mail to the owners if known or if not known
by posting notice upon the premises and advertising once in a newspaper
of general circulation in the municipality in which the land lies, the
Secretary, his agents, employees, or contractors, or the State pursuant
to an approved State program, shall have the right to enter upon the
property adversely affected by past coal mining practices and any other
property to have access to such property to do all things necessary or
expedient to restore, reclaim, abate, control, or prevent the adverse
effects. Such entry shall be construed as an exercise of the police
power for the protection of public health, safety, and general welfare
and shall not be construed as an act of condemnation of property nor of
trespass thereon. 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.
(b) Studies or exploratory work
The Secretary, his agents, employees, or contractors or the State
pursuant to an approved State program, shall have the right to enter
upon any property for the purpose of conducting studies or exploratory
work to determine the existence of adverse effects of past coal mining
practices and to determine the feasibility of restoration, reclamation,
abatement, control, or prevention of such adverse effects. Such entry
shall be construed as an exercise of the police power for the protection
of public health, safety, and general welfare and shall not be construed
as an act of condemnation of property nor trespass thereon.
(c) Requirements for acquisition of affected land
The Secretary or the State pursuant to an approved State program,
may acquire any land, by purchase, donation, or condemnation, which is
adversely affected by past coal mining practices if the Secretary
determines that acquisition of such land is necessary to successful
reclamation and that--
(1) the acquired land, after restoration, reclamation,
abatement, control, or prevention of the adverse effects of past
coal mining practices, will serve recreation and historic purposes,
conservation and reclamation purposes or provide open space
benefits; and
(2) permanent facilities such as a treatment plant or a
relocated stream channel will be constructed on the land for the
restoration, reclamation, abatement, control, or prevention of the
adverse effects of past coal mining practices; or
(3) acquisition of coal refuse disposal sites and all coal
refuse thereon will serve the purposes of this subchapter or that
public ownership is desirable to meet emergency situations and
prevent recurrences of the adverse effects of past coal mining
practices.
(d) Title to affected land; value
Title to all lands acquired pursuant to this section shall be in the
name of the United States or, if acquired by a State pursuant to an
approved program, title shall be in the name of the State. The price
paid for land acquired under this section shall reflect the market value
of the land as adversely affected by past coal mining practices.
(e) State participation; grants
States are encouraged as part of their approved State programs, to
reclaim abandoned and unreclaimed mined lands within their boundaries
and, if necessary, to acquire or to transfer such lands to the Secretary
or the appropriate State regulatory authority under appropriate Federal
regulations. The Secretary is authorized to make grants on a matching
basis to States in such amounts as he deems appropriate for the purpose
of carrying out the provisions of this subchapter but in no event shall
any grant exceed 90 per centum of the cost of acquisition of the lands
for which the grant is made. When a State has made any such land
available to the Federal Government under this subchapter, such State
shall have a preference right to purchase such lands after reclamation
at fair market value less the State portion of the original acquisition
price. Notwithstanding the provisions of paragraph (1) of subsection (c)
of this section, reclaimed land may be sold to the State or local
government in which it is located at a price less than fair market
value, which in no case shall be less than the cost to the United States
of the purchase and reclamation of the land, as negotiated by the
Secretary, to be used for a valid public purpose. If any land sold to a
State or local government under this paragraph is not used for a valid
public purpose as specified by the Secretary in the terms of the sales
agreement then all right, title, and interest in such land shall revert
to the United States. Money received from such sale shall be deposited
in the fund.
(f) Rules and regulations
The Secretary, in formulating regulations for making grants to the
States to acquire land pursuant to this section, shall specify that
acquired land meet the criteria provided for in subsections (c) and (d)
of this section. The Secretary may provide by regulation that money
derived from the lease, rental, or user charges of such acquired land
and facilities thereon will be deposited in the fund.
(g) Public sale; notice and hearing
(1) Where land acquired pursuant to this section is deemed to be
suitable for industrial, commercial, residential, or recreational
development, the Secretary may sell or authorize the States to sell such
land by public sale under a system of competitive bidding, at not less
than fair market value and under such other regulations promulgated to
insure that such lands are put to proper use consistent with local and
State land use plans, if any, as determined by the Secretary.
(2) The Secretary or the State pursuant to an approved State
program, when requested after appropriate public notice shall hold a
public hearing, with the appropriate notice, in the county or counties
or the appropriate subdivisions of the State in which lands acquired
pursuant to this section are located. The hearings shall be held at a
time which shall afford local citizens and governments the maximum
opportunity to participate in the decision concerning the use or
disposition of the lands after restoration, reclamation, abatement,
control, or prevention of the adverse effects of past coal mining
practices.
(h) Construction or rehabilitation of housing for disabled, displaced,
or dislocated persons; grants
In addition to the authority to acquire land under subsection (d) of
this section the Secretary is authorized to use money in the fund to
acquire land by purchase, donation, or condemnation, and to reclaim and
transfer acquired land to any State or to a political subdivision
thereof, or to any person, firm, association, or corporation, if he
determines that such is an integral and necessary element of an
economically feasible plan for the project to construct or rehabilitate
housing for persons disabled as the result of employment in the mines or
work incidental thereto, persons displaced by acquisition of land
pursuant to this section, or persons dislocated as the result of adverse
effects of coal mining practices which constitute an emergency as
provided in section 1240 of this title or persons dislocated as the
result of natural disasters or catastrophic failures from any cause.
Such activities shall be accomplished under such terms and conditions as
the Secretary shall require, which may include transfers of land with or
without monetary consideration: Provided, That, to the extent that the
consideration is below the fair market value of the land transferred, no
portion of the difference between the fair market value and the
consideration shall accrue as a profit to such persons, firm,
association, or corporation. No part of the funds provided under this
subchapter may be used to pay the actual construction costs of housing.
The Secretary may carry out the purposes of this subsection directly or
he may make grants and commitments for grants, and may advance money
under such terms and conditions as he may require to any State, or any
department, agency, or instrumentality of a State, or any public body or
nonprofit organization designated by a State.
(Pub. L. 95-87, title IV, Sec. 407, Aug. 3, 1977, 91 Stat. 462; Pub. L.
101-508, title VI, Sec. 6012(d)(4)-(7), Nov. 5, 1990, 104 Stat. 1388-
298.)
Amendments
1990--Subsec. (a). Pub. L. 101-508, Sec. 6012(d)(4), (5),
substituted a semicolon for the period at end of par. (4) and ``then,
upon giving notice'' for ``Then, upon giving notice'' in concluding
provisions.
Subsec. (e). Pub. L. 101-508, Sec. 6012(d)(6), substituted
``paragraph (1) of subsection (c) of this section'' for ``paragraph (1),
of this subsection''.
Subsec. (g)(2). Pub. L. 101-508, Sec. 6012(d)(7), substituted ``use
or'' for ``use of'' before ``disposition''.
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 section 1240a of this title.
