§ 1242. — Powers of Secretary or State.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1242]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER IV--ABANDONED MINE RECLAMATIONS
Sec. 1242. Powers of Secretary or State
(a) Engage in work, promulgate rules and regulations, etc., to implement
and administer this subchapter
The Secretary or the State pursuant to an approved State program,
shall have the power and authority, if not granted it otherwise, to
engage in any work and to do all things necessary or expedient,
including promulgation of rules and regulations, to implement and
administer the provisions of this subchapter.
(b) Engage in cooperative projects
The Secretary or the State pursuant to an approved State program,
shall have the power and authority to engage in cooperative projects
under this subchapter with any other agency of the United States of
America, any State and their governmental agencies.
(c) Request for action to restrain interference with regard to this
subchapter
The Secretary or the State pursuant to an approved State program,
may request the Attorney General, who is hereby authorized to initiate,
in addition to any other remedies provided for in this subchapter, in
any court of competent jurisdiction, an action in equity for an
injunction to restrain any interference with the exercise of the right
to enter or to conduct any work provided in this subchapter.
(d) Construct and operate plants for control and treatment of water
pollution resulting from mine drainage
The Secretary or the State pursuant to an approved State program,
shall have the power and authority to construct and operate a plant or
plants for the control and treatment of water pollution resulting from
mine drainage. The extent of this control and treatment may be dependent
upon the ultimate use of the water: Provided, That the above provisions
of this paragraph shall not be deemed in any way to repeal or supersede
any portion of the Federal Water Pollution Control Act (33 U.S.C.A.
1151, et seq. as amended) [33 U.S.C. 1251 et seq.] and no control or
treatment under this subsection shall in any way be less than that
required under the Federal Water Pollution Control Act. The construction
of a plant or plants may include major interceptors and other facilities
appurtenant to the plant.
(e) Transfer funds
The Secretary may transfer funds to other appropriate Federal
agencies, in order to carry out the reclamation activities authorized by
this subchapter.
(Pub. L. 95-87, title IV, Sec. 413, formerly Sec. 412, Aug. 3, 1977, 91
Stat. 466, renumbered Sec. 413, Pub. L. 101-508, title VI, Sec. 6010(1),
Nov. 5, 1990, 104 Stat. 1388-296.)
References in Text
The Federal Water Pollution Control Act (33 U.S.C.A. 1151, et seq.
as amended), referred to in subsec. (d), is act June 30, 1948, ch. 758,
62 Stat. 1155, formerly classified to chapter 23 (Sec. 1151 et seq.) of
Title 33, Navigation and Navigable Waters, which was completely revised
by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, and is
classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33. For
complete classification of this Act to the Code, see Short Title note
set out under section 1251 of Title 33 and Tables.
Prior Provisions
A prior section 413 of Pub. L. 95-87 was renumbered section 414 and
is classified to section 1243 of this title.
