§ 1240a. — Certification.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1240a]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER IV--ABANDONED MINE RECLAMATIONS
Sec. 1240a. Certification
(a) Certification of completion of coal reclamation
The Governor of a State, or the head of a governing body of an
Indian tribe, with an approved abandoned mine reclamation program under
section 1235 of this title may certify to the Secretary that all of the
priorities stated in section 1233(a) of this title for eligible lands
and waters pursuant to section 1234 of this title have been achieved.
The Secretary, after notice in the Federal Register and opportunity for
public comment, shall concur with such certification if the Secretary
determines that such certification is correct.
(b) Eligible lands, waters, and facilities
If the Secretary has concurred in a State or tribal certification
under subsection (a) of this section, for purposes of determining the
eligibility of lands and waters for annual grants under section
1232(g)(1) of this title, section 1234 of this title shall not apply,
and eligible lands, waters, and facilities shall be those--
(1) which were mined or processed for minerals or which were
affected by such mining or processing, and abandoned or left in an
inadequate reclamation status prior to August 3, 1977; and
(2) for which there is no continuing reclamation responsibility
under State or other Federal laws. In determining the eligibility
under this subsection of Federal lands, waters, and facilities under
the jurisdiction of the Forest Service or Bureau of Land Management,
in lieu of the August 3, 1977, date referred to in paragraph (1) the
applicable date shall be August 28, 1974, and November 26, 1980,
respectively.
(c) Priorities
Expenditures of moneys for lands, waters, and facilities referred to
in subsection (b) of this section shall reflect the following objectives
and priorities in the order stated (in lieu of the priorities set forth
in section 1233 of this title):
(1) The protection of public health, safety, general welfare,
and property from extreme danger of adverse effects of mineral
mining and processing practices.
(2) The protection of public health, safety, and general welfare
from adverse effects of mineral mining and processing practices.
(3) The restoration of land and water resources and the
environment previously degraded by the adverse effects of mineral
mining and processing practices.
(d) Specific sites and areas not eligible
Sites and areas designated for remedial action pursuant to the
Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 and
following) or which have been listed for remedial action pursuant to the
Comprehensive Environmental Response Compensation and Liability Act of
1980 (42 U.S.C. 9601 and following) shall not be eligible for
expenditures from the Fund under this section.
(e) Utilities and other facilities
Reclamation projects involving the protection, repair, replacement,
construction, or enhancement of utilities, such as those relating to
water supply, roads, and such other facilities serving the public
adversely affected by mineral mining and processing practices, and the
construction of public facilities in communities impacted by coal or
other mineral mining and processing practices, shall be deemed part of
the objectives set forth, and undertaken as they relate to, the
priorities stated in subsection (c) of this section.
(f) Public facilities related to coal or minerals industry
Notwithstanding subsection (e) of this section, where the Secretary
has concurred in the certification referenced in subsection (a) of this
section and where the Governor of a State or the head of a governing
body of an Indian tribe determines there is a need for activities or
construction of specific public facilities related to the coal or
minerals industry in States impacted by coal or minerals development and
the Secretary concurs in such need, then the State or Indian tribe, as
the case may be, may use annual grants made available under section
1232(g)(1) of this title to carry out such activities or construction.
(g) Application of other provisions
The provisions of sections 1237 and 1238 of this title shall apply
to subsections (a) through (e) of this section, except that for purposes
of this section the references to coal in sections 1237 and 1238 of this
title shall not apply.
(Pub. L. 95-87, title IV, Sec. 411, as added Pub. L. 101-508, title VI,
Sec. 6010(2), Nov. 5, 1990, 104 Stat. 1388-296.)
References in Text
The Uranium Mill Tailings Radiation Control Act of 1978, referred to
in subsec. (d), is Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3021, as
amended, which is classified principally to chapter 88 (Sec. 7901 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 7901 of Title 42 and Tables.
The Comprehensive Environmental Response Compensation and Liability
Act of 1980, referred to in subsec. (d), probably means the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980, Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is
classified principally to chapter 103 (Sec. 9601 et seq.) of Title 42.
For complete classification of this Act to the Code, see Short Title
note set out under section 9601 of Title 42 and Tables.
Prior Provisions
A prior section 411 of Pub. L. 95-87 was renumbered section 412 and
was classified to section 1241 of this title, prior to being omitted
from the Code.
Effective Date
Section effective Oct. 1, 1991, see section 6014 of Pub. L. 101-508
set out as an Effective Date of 1990 Amendment note under section 1231
of this title.
Section Referred to in Other Sections
This section is referred to in sections 1231, 1232, 1233, 1234, 1239
of this title.
