§ 1239. Filling voids and sealing tunnels

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. 1977

   Surface Mining Control and Reclamation Act of 1977

   Pub. L. 95–87 title IV § 409 · 91 Stat. 445

   Enacted · 30 U.S.C. § 1239

   Pub. L. 95–87, title IV, § 409, Aug. 3, 1977, 91 Stat. 465

   Source evidence

   Code source credit
   Pub. L. 95–87, title IV, § 409, Aug. 3, 1977, 91 Stat. 465

   Enacted provision · exact public law section
   Sec. 409. filling voids and sealing tunnels (a) The Congress declares that voids, and open and abandoned 30 USC 1239. tunnels, shafts, and entryways resulting from any previous mining operation, constitute a hazard to the public health or safety and that surface impacts of any underground or surface mining operation may degrade the environment. The Secretary, at the request of the Governor of any State, or the chairman of any tribe, is authorized to fill such voids, seal such abandoned tunnels, shafts, and entryways, and reclaim surface impacts of underground or surface mines which the Secretary determines could endanger life and property, constitute a hazard to the public health and safety, or degrade the environment. State regulatory authorities are authorized to carry out such work pursuant to an approved abandoned mine reclamation program. (b) Funds available for use in carrying out the purpose of this section shall be limited to those funds which must he allocated to the respective States or Indian reservations under the provisions of subsection 402(g). (c) The Secretary may make expenditures and carry out the purposes of this section without regard to provisions of section 404 in such States or Indian reservations where requests are made by the Governor or tribal chairman and only after all reclamation with respect to abandoned coal lands or coal development impacts have been met, except for those reclamation projects relating to the protection of the public health or safety. (d) In those instances where mine waste piles are being reworked for conservation purposes, the incremental costs of disposing of the wastes from such operations by tilling voids and sealing tunnels may be eligible for funding providing that the disposal of these wastes meets the purposes of this section. (e) The Secretary may acquire by purchase, donation, easement, or otherwise such interest in land as he determines necessary to carry out the provisions of this section.

2. 1990

   Abandoned Mine Reclamation Act of 1990

   Pub. L. 101–508 § 6009(1) · 104 Stat. 1388

   Substituted · 30 U.S.C. § 1239(a)

   Pub. L. 101–508, § 6009(1), substituted “the governing body of an Indian tribe” for “chairman of any tribe”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–508, § 6009(1), substituted “the governing body of an Indian tribe” for “chairman of any tribe”.

   Enacted provision · exact public law section
   (1) in subsection (a) by striking “chairman of any tribe” and inserting in lieu thereof “the governing body of an Indian tribe”;

   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. 1990

   Abandoned Mine Reclamation Act of 1990

   Pub. L. 101–508 § 6009(2) · 104 Stat. 1388

   Substituted · 30 U.S.C. § 1239(b)

   Pub. L. 101–508, § 6009(2), substituted “Indian tribes under the provisions of paragraphs (1) and (5) of section 1232(g) of this title” for “Indian reservations under the provisions of subsection 1232(g) of this title”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–508, § 6009(2), substituted “Indian tribes under the provisions of paragraphs (1) and (5) of section 1232(g) of this title” for “Indian reservations under the provisions of subsection 1232(g) of this title”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “or Indian reservations under the provisions of subsection 402(g)” and inserting “or Indian tribes under the provisions of paragraphs (1) and (5) of section 402(g)”; and

   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.

4. 1990

   Abandoned Mine Reclamation Act of 1990

   Pub. L. 101–508 § 6009(3) · 104 Stat. 1388

   Amended · 30 U.S.C. § 1239(c)

   Pub. L. 101–508, § 6009(3), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary may make expenditures and carry out the purposes of this section without regard to provisions of section 1234 of this title in such States or Indian reservations where requests are made by the Governor or tribal chairman and only after all reclamation with respect to abandoned coal lands or coal development impacts have been met, except for those reclamation projects relating to the protection of the public health or safety.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–508, § 6009(3), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary may make expenditures and carry out the purposes of this section without regard to provisions of section 1234 of this title in such States or Indian reservations where requests are made by the Governor or tribal chairman and only after all reclamation with respect to abandoned coal lands or coal development impacts have been met, except for those reclamation projects relating to the protection of the public health or safety.”

   Enacted provision · exact public law section
   (3) by amending subsection (c) to read as follows: “(c) (1) The Secretary may make expenditures and carry out the purposes of this section in such States where requests are made by the Governor or governing body of an Indian tribe for those reclamation projects which meet the priorities stated in section 403(a)(D, except that for the purposes of this section the reference to coal in section 403(a)(1) shall not apply. “(2) The provisions of section 404 shall apply to this section, with the exception that such mined lands need not have been mined for coal. “(3) The Secretary shall not make any expenditures for the purposes of this section in those States which have made the certification referred to in section 411(a).”.

   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.

4 of 4 references resolved to an enrolled provision