§ 1240. — Emergency powers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1240]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER IV--ABANDONED MINE RECLAMATIONS
Sec. 1240. Emergency powers
(a) The Secretary is authorized to expend moneys from the fund for
the emergency restoration, reclamation, abatement, control, or
prevention of adverse effects of coal mining practices, on eligible
lands, if the Secretary makes a finding of fact that--
(1) an emergency exists constituting a danger to the public
health, safety, or general welfare; and
(2) no other person or agency will act expeditiously to restore,
reclaim, abate, control, or prevent the adverse effects of coal
mining practices.
(b) The Secretary, his agents, employees, and contractors shall have
the right to enter upon any land where the emergency exists and any
other land to have access to the land where the emergency exists to
restore, reclaim, abate, control, or prevent the adverse effects of coal
mining practices and to do all things necessary or expedient to protect
the public health, safety, or general welfare. Such entry shall be
construed as an exercise of the police power and shall not be construed
as an act of condemnation of property nor of trespass thereof. 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.
(Pub. L. 95-87, title IV, Sec. 410, Aug. 3, 1977, 91 Stat. 466.)
Section Referred to in Other Sections
This section is referred to in sections 1232, 1234, 1235, 1237 of
this title.
