Volume 68 · 1010
Public Law 83–738
To provide for the control and extinguishment of outcrop and under ground fires in coal formations, and for other purposes.
Approved August 31, 1954
Statutory text
AN ACT
To provide for the control and extinguishment of outcrop and under ground fires in coal formations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That it is hereby recognized that outcrop and underground fires in coal formations involve serious wastage of the fuel resources of the Nation, and constitute a menace to the health and safety of the public and to surface property. It is therefore declared to be the policy of the Congress to provide for the control and extinguishment of outcrop and underground coal fires and thereby to prevent injuries and loss of life, protect public health, conserve natural resources, and to preserve public and private surface property
Definitions.
.
Sec. 2.
As used in this Act:
“Coal” means any of the recognized classifications and ranks of coal, including anthracite, bituminous, semibituminous, subbituminous, and lignite.
“Outcrop” means any place where a formation is visible or substantially exposed at the surface.
“Formation” means any vein, seam, stratum, bed, or other naturally occurring deposit.
“Coal mine” means any underground, surface, or strip mine from which coal is obtained.
“State” means any State or Territory of the United States, or any political subdivision thereof.
“Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons.
Sec. 3.
The Secretary of the Interior, in order to effectuate the policy declared in section 1 of this Act, is hereby authorized—
to conduct surveys, investigations, and research relating to
Surveys, etc.
the causes and extent of outcrop and underground fires in coal formations and the methods for control or extinguishment of such fires; to publish the results of any such surveys, investigations, and researches; and to disseminate information concerning such method; and
to plan and execute projects for control or extinguishment
Projects.
of fires in coal formations.
Sec. 4.
The acts authorized in section 3 of this Act may be performed—
on lands owned or controlled by the United States or any of its agencies, with the cooperation of the agency having jurisdiction thereof; and
on any other lands, upon obtaining proper consent or the necessary rights or interests in such lands: Provided, however, That expenditure of Federal funds for this purpose in any privately owned operating coal mine shall be limited to the acts authorized in section 3 (a).
Sec. 5.
As a condition to the extending of any benefits under
Requirements.
section 3 (b) of this Act to any lands not owned or controlled by the United States or any of its agencies, except where such action is necessary for the protection of lands or other property owned or controlled by the United States or any of its agencies, the Secretary of the Interior may require—
the enactment of State or local laws providing for the control and extinguishment of outcrop and underground fires in coal formations on State or privately owned land and the cooperation of State or local authorities in the work; and
agreements or covenants as to the performance and maintenance of the work required to control or extinguish such fires.
The Secretary of the Interior shall require in connection with any project for the control or extinguishment of fires in any inactive coal mine on any lands not owned or controlled by the United States or any of its agencies, except where such project is necessary for the protection of lands or other property owned or controlled by the United States or any of its agencies, (1) that the State or person owning or controlling such lands contribute on a matching basis 50 per centum of the cost of planning and executing such project, or (2), if such State or person furnishes evidence satisfactory to the Secretary of the Interior of an inability to make the matching contribution herein provided for, that such State or person pay to the Government, within such period of time as the Secretary of the Interior shall determine, an amount equal to 50 per centum of the cost of planning and executing such project. At least 75 per centum of the funds expended in any fiscal year, from any appropriation available to carry out the purposes of this Act, in connection with projects for the control or extinguishment of fires in inactive coal mines where such action is not necessary for the protection of lands or other property owned or controlled by the United States or any of its agencies, shall be expended in conformity with clause (1) of this subsection.
Sec. 6.
In carrying out the provisions of section 3 of this Act the Secretary of the Interior is authorized—
to secure, by contract or otherwise, and without regard
Personnel.
63 Stat. 954.
to the civil service laws and the Classification Act of 1949, for work of a temporary, intermittent, or emergency character, such personal services as may be deemed necessary for the efficient and economical performance of the work;
to hire, with or without personal services, work animals and
Animals, vehicles. etc.
animal-drawn and motor-propelled vehicles and equipment, at rates to be approved by the Secretary of the Interior and without regard to the provisions of section 3709, Revised Statutes (41 U. S. C., sec. 5);
to procure all or any part of the surveys, investigations,
Contracts.
and control or extinguishment work by contracts with engineers, contractors, or firms or corporations thereof;
to acquire lands or rights and interests therein, including
Acquisition of lands, etc.
improvements, by purchase, lease, gift, exchange, condemnation, or otherwise, whenever necessary for the purposes of this Act;
to repair, restore, or replace private property damaged or
Property restoration.
destroyed as a result of, or incident to, operations under this Act; and
to receive and accept money and property, real or personal,
Contributions.
or interests therein, as a gift, bequest, or contribution, for use in any of the activities authorized under this Act; and to conduct any of the activities authorized under this Act in cooperation with
Agency cooperation.
any person or agency, Federal, State, or private. Any money so received shall be deposited in the Treasury of the United States in an available trust fund to be disbursed by the Secretary of the Treasury upon certification by the Secretary of the Interior in accordance with the terms of the grant, and shall remain available until expended for the purposes for which received and accepted.
Sec. 7.
The Secretary of the Interior may issue rules and regulations
Rules and regulations.
to effectuate the purposes of this Act.
Sec. 8.
There are hereby authorized to be appropriated such sums,
Appropriation.
not to exceed $500,000 annually, as may be necessary to carry out the provisions and purposes of this Act.
Approved August 31, 1954.