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119th Congress

Title 30 — Mineral Lands and Mining

Chapter 25 — Surface Mining Control and Reclamation

§ 1233. Objectives of fund

Statutory text

(a)

Priorities

Expenditure of moneys from the fund on lands and water eligible pursuant to section 1234 of this title for the purposes of this subchapter, except as provided for under section 1240a of this title, shall reflect the following priorities in the order stated:

(1)
(A)

the protection; 1 of public health, safety, and property from extreme danger of adverse effects of coal mining practices;

(B)

the restoration of land and water resources and the environment that—

(i)

have been degraded by the adverse effects of coal mining practices; and

(ii)

are adjacent to a site that has been or will be remediated under subparagraph (A);

(2)
(A)

the protection of public health and safety from adverse effects of coal mining practices;

(B)

the restoration of land and water resources and the environment that—

(i)

have been degraded by the adverse effects of coal mining practices; and

(ii)

are adjacent to a site that has been or will be remediated under subparagraph (A); and

(3)

the restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity.

(b)

Water supply restoration

(1)

Any State or Indian tribe not certified under section 1240a(a) of this title may expend funds allocated to such State or Indian tribe in any year through the grants made available under paragraphs (1) and (5) of section 1232(g) of this title for the purpose of protecting, repairing, replacing, constructing, or enhancing facilities relating to water supply, including water distribution facilities and treatment plants, to replace water supplies adversely affected by coal mining practices.

(2)

If the adverse effect on water supplies referred to in this subsection occurred both prior to and after , or as the case may be, the dates (and under the criteria) set forth under section 1232(g)(4)(B) of this title, section 1234 of this title shall not be construed to prohibit a State or Indian tribe referred to in paragraph (1) from using funds referred to in such paragraph for the purposes of this subsection if the State or Indian tribe determines that such adverse effects occurred predominantly prior to , or as the case may be, the dates (and under the criteria) set forth under section 1232(g)(4)(B) of this title.

(c)

Inventory

For the purposes of assisting in the planning and evaluation of reclamation projects pursuant to section 1235 of this title, and assisting in making the certification referred to in section 1240a(a) of this title, the Secretary shall maintain an inventory of eligible lands and waters pursuant to section 1234 of this title which meet the priorities stated in paragraphs (1) and (2) of subsection (a). Under standardized procedures established by the Secretary, States and Indian tribes with approved abandoned mine reclamation programs pursuant to section 1235 of this title may offer amendments, subject to the approval of the Secretary, to update the inventory as it applies to eligible lands and waters under the jurisdiction of such States or tribes. The Secretary shall provide such States and tribes with the financial and technical assistance necessary for the purpose of making inventory amendments. The Secretary shall compile and maintain an inventory for States and Indian lands in the case when a State or Indian tribe does not have an approved abandoned mine reclamation program pursuant to section 1235 of this title. On a regular basis, but not less than annually, the projects completed under this subchapter shall be so noted on the inventory under standardized procedures established by the Secretary.

Footnotes

  1. 1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Surface Mining Control and Reclamation Act of 1977

    Pub. L. 95–87 title IV § 403 · 91 Stat. 445

    Enacted · 30 U.S.C. § 1233

    Pub. L. 95–87, title IV, § 403, Aug. 3, 1977, 91 Stat. 458

    Source evidence

    Code source credit
    Pub. L. 95–87, title IV, § 403, Aug. 3, 1977, 91 Stat. 458

    Enacted provision · exact public law section
    Sec. 403. objectives of fund Expenditure of moneys from the fund on lands and water eligible pursuant to section 404 for the purposes of this title shall reflect the following priorities in the order stated: (1) the protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices; (2) the protection of public health, safety, and general welfare from adverse effects of coal mining practices; (3) the restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity. (4) research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques; (5) the protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices; (6) the development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this title for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.

  2. Abandoned Mine Reclamation Act of 1990

    Pub. L. 101–508 title VI § 6005 · 104 Stat. 1388

    1. Amended · 30 U.S.C. § 1233

      Pub. L. 101–508 designated existing provisions as subsec. (a)

    2. Inserted · 30 U.S.C. § 1233

      Pub. L. 101–508 inserted heading and “, except as provided for under section 1240a of this title,” after “subchapter”

    3. Added · 30 U.S.C. § 1233

      Pub. L. 101–508 added subsecs. (b) and (c)

    Source evidence

    Code amendment note
    Pub. L. 101–508 designated existing provisions as subsec. (a), inserted heading and “, except as provided for under section 1240a of this title,” after “subchapter”, and added subsecs. (b) and (c).

    Enacted provision · exact public law section
    SEC. 6005. FUND OBJECTIVES. Section 403 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233) is amended as follows: (1) Insert “(a) Priorities.— ” after “Sec. 403.”. (2) Insert “, except as provided for under section 411,” after “title”. (3) Add at the end the following new subsections: “(b) Utilities and Other Facilities.— (1) Any State or Indian tribe not certified under section 411(a) may expend up to 30 percent of the funds allocated to such State or Indian tribe in any year through the grants made available under paragraphs (1) and (5) of section 402(g) for the purpose of protecting, repairing, replacing, constructing, or enhancing facilities relating to water supply, including water distribution facilities and treatment plants, to re-place water supplies adversely affected by coal mining practices. “(2) If the adverse effect on water supplies referred to in this subsection occurred both prior to and after August 3, 1977, section 404 shall not be construed to prohibit a State or Indian tribe referred to in paragraph (1) from using funds referred to in such paragraph for the purposes of this subsection if the State or Indian tribe determines that such adverse effects occurred predominantly prior to August 3, 1977. “(c) Inventory.— For the purposes of assisting in the planning and evaluation of reclamation projects pursuant to section 405, and assisting in making the certification referred to in section 411(a), the Secretary shall maintain an inventory of eligible lands and waters pursuant to section 404 which meet the priorities stated in paragraphs (1) and (2) of subsection (a). Under standardized procedures established by the Secretary, States and Indian tribes with approved abandoned mine reclamation programs pursuant to section 405 may offer amendments to update the inventory as it applies to eligible lands and waters under the jurisdiction of such States or tribes. The Secretary shall provide such States and tribes with the financial and technical assistance necessary for the purpose of making inventory amendments. The Secretary shall compile and maintain an inventory for States and Indian lands in the case when a State or Indian tribe does not have an approved abandoned mine reclamation program pursuant to section 405. On a regular basis, but not less than annually, the projects completed under this title shall be so noted on the inventory under standardized procedures established by the Secretary.”.

    Effective date note
    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.

  3. Energy Policy Act of 1992

    Pub. L. 102–486 § 2504(c)(2) · 106 Stat. 2776

    1. Redesignated · 30 U.S.C. § 1233(a)(4)(6)

      Pub. L. 102–486, § 2504(c)(2), redesignated pars. (5) and (6) as (4) and (5), respectively

    2. Struck · 30 U.S.C. § 1233(a)(4)(6)

      Pub. L. 102–486, § 2504(c)(2), struck out former par. (4) which read as follows: “research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques;”

    Source evidence

    Code amendment note
    Subsec. (a)(4) to (6). Pub. L. 102–486, § 2504(c)(2), redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out former par. (4) which read as follows: “research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques;”.

    Enacted provision · exact public law section
    (2) Section 403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233) is amended by striking paragraph (4) and renumber the subsequent paragraphs accordingly.

  4. Energy Policy Act of 1992

    Pub. L. 102–486 § 2504(e) · 106 Stat. 2776

    Inserted · 30 U.S.C. § 1233(b)(2)

    Pub. L. 102–486, § 2504(e), inserted “, or as the case may be, the dates (and under the criteria) set forth under section 1232(g)(4)(B) of this title” after “1977” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 102–486, § 2504(e), inserted “, or as the case may be, the dates (and under the criteria) set forth under section 1232(g)(4)(B) of this title” after “1977” in two places.

    Enacted provision · exact public law section
    (e) Technical Amendment.— Section 403(b)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(b)(2)) is amended by inserting “, or as the case may be, the dates (and under the criteria) set forth under section 402(g)(4)(B)” after “1977” in each instance such date appears.

  5. Tax Relief and Health Care Act of 2006

    Pub. L. 109–432 § 203(1)(A) · 120 Stat. 2922

    1. Amended · 30 U.S.C. § 1233(a)(1)

      Pub. L. 109–432, § 203(1)(A), designated existing provisions as subpar. (A)

    2. Inserted · 30 U.S.C. § 1233(a)(1)

      Pub. L. 109–432, § 203(1)(A), inserted semicolon after “protection”

    3. Struck · 30 U.S.C. § 1233(a)(1)

      Pub. L. 109–432, § 203(1)(A), struck out “general welfare,” after “safety,”

    4. Added · 30 U.S.C. § 1233(a)(1)

      Pub. L. 109–432, § 203(1)(A), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 109–432, § 203(1)(A), designated existing provisions as subpar. (A), inserted semicolon after “protection”, struck out “general welfare,” after “safety,”, and added subpar. (B).

    Enacted provision · exact public law section
    SEC. 203. PERFORMANCE STANDARDS FOR SULFUR DIOXIDE REMOVAL IN ADVANCED COAL-BASED GENERATION TECHNOLOGY UNITS DESIGNED TO USE SUBBITUMINOUS COAL. (a) In General.— Paragraph (1) of section 48A(f) 26 USC 48A. (relating to advanced coal-based generation technology) is amended by adding at the end the following new flush sentence: “For purposes of the performance requirement specified for the removal of SO2 in the table contained in subparagraph (B), the SO2 removal design level in the case of a unit designed for the use of feedstock substantially all of which is subbituminous coal shall be 99 percent SO2 removal or the achievement of an emission level of 0.04 pounds or less of SO2 per million Btu, determined on a 30-day average.” . (b) Effective Date.— The amendment made by this section shall take apply with respect to applications for certification under section 48A(d)(2) of the Internal Revenue Code of 1986 submitted after October 2, 2006.

  6. Tax Relief and Health Care Act of 2006

    Pub. L. 109–432 § 203(1)(B) · 120 Stat. 2922

    1. Amended · 30 U.S.C. § 1233(a)(2)

      Pub. L. 109–432, § 203(1)(B), designated existing provisions as subpar. (A)

    2. Substituted · 30 U.S.C. § 1233(a)(2)

      Pub. L. 109–432, § 203(1)(B), substituted “health and safety” for “health, safety, and general welfare”

    3. Added · 30 U.S.C. § 1233(a)(2)

      Pub. L. 109–432, § 203(1)(B), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 109–432, § 203(1)(B), designated existing provisions as subpar. (A), substituted “health and safety” for “health, safety, and general welfare”, and added subpar. (B).

    Enacted provision · exact public law section
    SEC. 203. PERFORMANCE STANDARDS FOR SULFUR DIOXIDE REMOVAL IN ADVANCED COAL-BASED GENERATION TECHNOLOGY UNITS DESIGNED TO USE SUBBITUMINOUS COAL. (a) In General.— Paragraph (1) of section 48A(f) 26 USC 48A. (relating to advanced coal-based generation technology) is amended by adding at the end the following new flush sentence: “For purposes of the performance requirement specified for the removal of SO2 in the table contained in subparagraph (B), the SO2 removal design level in the case of a unit designed for the use of feedstock substantially all of which is subbituminous coal shall be 99 percent SO2 removal or the achievement of an emission level of 0.04 pounds or less of SO2 per million Btu, determined on a 30-day average.” . (b) Effective Date.— The amendment made by this section shall take apply with respect to applications for certification under section 48A(d)(2) of the Internal Revenue Code of 1986 submitted after October 2, 2006.

  7. Tax Relief and Health Care Act of 2006

    Pub. L. 109–432 § 203(1)(C) · 120 Stat. 2922

    Substituted · 30 U.S.C. § 1233(a)(3)

    Pub. L. 109–432, § 203(1)(C), which directed that a period be substituted for the semicolon at end, could not be executed because a period already appeared at end

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 109–432, § 203(1)(C), which directed that a period be substituted for the semicolon at end, could not be executed because a period already appeared at end.

    Enacted provision · exact public law section
    SEC. 203. PERFORMANCE STANDARDS FOR SULFUR DIOXIDE REMOVAL IN ADVANCED COAL-BASED GENERATION TECHNOLOGY UNITS DESIGNED TO USE SUBBITUMINOUS COAL. (a) In General.— Paragraph (1) of section 48A(f) 26 USC 48A. (relating to advanced coal-based generation technology) is amended by adding at the end the following new flush sentence: “For purposes of the performance requirement specified for the removal of SO2 in the table contained in subparagraph (B), the SO2 removal design level in the case of a unit designed for the use of feedstock substantially all of which is subbituminous coal shall be 99 percent SO2 removal or the achievement of an emission level of 0.04 pounds or less of SO2 per million Btu, determined on a 30-day average.” . (b) Effective Date.— The amendment made by this section shall take apply with respect to applications for certification under section 48A(d)(2) of the Internal Revenue Code of 1986 submitted after October 2, 2006.

  8. Tax Relief and Health Care Act of 2006

    Pub. L. 109–432 § 203(1)(D) · 120 Stat. 2922

    Struck · 30 U.S.C. § 1233(a)(4); 30 U.S.C. § 1233(a)(5)

    Pub. L. 109–432, § 203(1)(D), struck out pars. (4) and (5) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(4), (5). Pub. L. 109–432, § 203(1)(D), struck out pars. (4) and (5) which read as follows:

    “(4) the protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices; “(5) the development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this subchapter for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.”

    Enacted provision · exact public law section
    SEC. 203. PERFORMANCE STANDARDS FOR SULFUR DIOXIDE REMOVAL IN ADVANCED COAL-BASED GENERATION TECHNOLOGY UNITS DESIGNED TO USE SUBBITUMINOUS COAL. (a) In General.— Paragraph (1) of section 48A(f) 26 USC 48A. (relating to advanced coal-based generation technology) is amended by adding at the end the following new flush sentence: “For purposes of the performance requirement specified for the removal of SO2 in the table contained in subparagraph (B), the SO2 removal design level in the case of a unit designed for the use of feedstock substantially all of which is subbituminous coal shall be 99 percent SO2 removal or the achievement of an emission level of 0.04 pounds or less of SO2 per million Btu, determined on a 30-day average.” . (b) Effective Date.— The amendment made by this section shall take apply with respect to applications for certification under section 48A(d)(2) of the Internal Revenue Code of 1986 submitted after October 2, 2006.

  9. Tax Relief and Health Care Act of 2006

    Pub. L. 109–432 § 203(2)(A) · 120 Stat. 2922

    Substituted · 30 U.S.C. § 1233(b)

    Pub. L. 109–432, § 203(2)(A), substituted “Water supply restoration” for “Utilities and other facilities” in heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–432, § 203(2)(A), substituted “Water supply restoration” for “Utilities and other facilities” in heading.

    Enacted provision · exact public law section
    SEC. 203. PERFORMANCE STANDARDS FOR SULFUR DIOXIDE REMOVAL IN ADVANCED COAL-BASED GENERATION TECHNOLOGY UNITS DESIGNED TO USE SUBBITUMINOUS COAL. (a) In General.— Paragraph (1) of section 48A(f) 26 USC 48A. (relating to advanced coal-based generation technology) is amended by adding at the end the following new flush sentence: “For purposes of the performance requirement specified for the removal of SO2 in the table contained in subparagraph (B), the SO2 removal design level in the case of a unit designed for the use of feedstock substantially all of which is subbituminous coal shall be 99 percent SO2 removal or the achievement of an emission level of 0.04 pounds or less of SO2 per million Btu, determined on a 30-day average.” . (b) Effective Date.— The amendment made by this section shall take apply with respect to applications for certification under section 48A(d)(2) of the Internal Revenue Code of 1986 submitted after October 2, 2006.

  10. Tax Relief and Health Care Act of 2006

    Pub. L. 109–432 § 203(2)(B) · 120 Stat. 2922

    Struck · 30 U.S.C. § 1233(b)(1)

    Pub. L. 109–432, § 203(2)(B), struck out “up to 30 percent of the” before “funds”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 109–432, § 203(2)(B), struck out “up to 30 percent of the” before “funds”.

    Enacted provision · exact public law section
    SEC. 203. PERFORMANCE STANDARDS FOR SULFUR DIOXIDE REMOVAL IN ADVANCED COAL-BASED GENERATION TECHNOLOGY UNITS DESIGNED TO USE SUBBITUMINOUS COAL. (a) In General.— Paragraph (1) of section 48A(f) 26 USC 48A. (relating to advanced coal-based generation technology) is amended by adding at the end the following new flush sentence: “For purposes of the performance requirement specified for the removal of SO2 in the table contained in subparagraph (B), the SO2 removal design level in the case of a unit designed for the use of feedstock substantially all of which is subbituminous coal shall be 99 percent SO2 removal or the achievement of an emission level of 0.04 pounds or less of SO2 per million Btu, determined on a 30-day average.” . (b) Effective Date.— The amendment made by this section shall take apply with respect to applications for certification under section 48A(d)(2) of the Internal Revenue Code of 1986 submitted after October 2, 2006.

  11. Tax Relief and Health Care Act of 2006

    Pub. L. 109–432 § 203(3) · 120 Stat. 2922

    Inserted · 30 U.S.C. § 1233(c)

    Pub. L. 109–432, § 203(3), inserted “, subject to the approval of the Secretary,” after “amendments” in second sentence

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–432, § 203(3), inserted “, subject to the approval of the Secretary,” after “amendments” in second sentence.

    Enacted provision · exact public law section
    SEC. 203. PERFORMANCE STANDARDS FOR SULFUR DIOXIDE REMOVAL IN ADVANCED COAL-BASED GENERATION TECHNOLOGY UNITS DESIGNED TO USE SUBBITUMINOUS COAL. (a) In General.— Paragraph (1) of section 48A(f) 26 USC 48A. (relating to advanced coal-based generation technology) is amended by adding at the end the following new flush sentence: “For purposes of the performance requirement specified for the removal of SO2 in the table contained in subparagraph (B), the SO2 removal design level in the case of a unit designed for the use of feedstock substantially all of which is subbituminous coal shall be 99 percent SO2 removal or the achievement of an emission level of 0.04 pounds or less of SO2 per million Btu, determined on a 30-day average.” . (b) Effective Date.— The amendment made by this section shall take apply with respect to applications for certification under section 48A(d)(2) of the Internal Revenue Code of 1986 submitted after October 2, 2006.

19 of 19 references resolved to an enrolled provision

Editorial Notes

Amendments1990–2006 · 3 rounds

2006

Subsec. (a)(1). Pub. L. 109–432, § 203(1)(A), designated existing provisions as subpar. (A), inserted semicolon after “protection”, struck out “general welfare,” after “safety,”, and added subpar. (B).

Subsec. (a)(2). Pub. L. 109–432, § 203(1)(B), designated existing provisions as subpar. (A), substituted “health and safety” for “health, safety, and general welfare”, and added subpar. (B).

Subsec. (a)(3). Pub. L. 109–432, § 203(1)(C), which directed that a period be substituted for the semicolon at end, could not be executed because a period already appeared at end.

Subsec. (a)(4), (5). Pub. L. 109–432, § 203(1)(D), struck out pars. (4) and (5) which read as follows:

“(4) the protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices;

“(5) the development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this subchapter for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.”

Subsec. (b). Pub. L. 109–432, § 203(2)(A), substituted “Water supply restoration” for “Utilities and other facilities” in heading.

Subsec. (b)(1). Pub. L. 109–432, § 203(2)(B), struck out “up to 30 percent of the” before “funds”.

Subsec. (c). Pub. L. 109–432, § 203(3), inserted “, subject to the approval of the Secretary,” after “amendments” in second sentence.

1992

Subsec. (a)(4) to (6). Pub. L. 102–486, § 2504(c)(2), redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out former par. (4) which read as follows: “research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques;”.

Subsec. (b)(2). Pub. L. 102–486, § 2504(e), inserted “, or as the case may be, the dates (and under the criteria) set forth under section 1232(g)(4)(B) of this title” after “1977” in two places.

1990

Pub. L. 101–508 designated existing provisions as subsec. (a), inserted heading and “, except as provided for under section 1240a of this title,” after “subchapter”, and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–508 effective , see section 6014 of Pub. L. 101–508 set out as a note under section 1231 of this title.

Credits

1977–2006 · 4 acts
  1. 1977Pub. L. 95–87, title IV, § 403, , 91 Stat. 458
  2. 1990Pub. L. 101–508, title VI, § 6005, , 104 Stat. 1388–294
  3. 1992Pub. L. 102–486, title XXV, § 2504(c)(2), (e), , 106 Stat. 3105, 3106
  4. 2006Pub. L. 109–432, div. C, title II, § 203, , 120 Stat. 3015.
Show as published

(Pub. L. 95–87, title IV, § 403, , 91 Stat. 458; Pub. L. 101–508, title VI, § 6005, , 104 Stat. 1388–294; Pub. L. 102–486, title XXV, § 2504(c)(2), (e), , 106 Stat. 3105, 3106; Pub. L. 109–432, div. C, title II, § 203, , 120 Stat. 3015.)

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