30 USC 1240a - Certification

U.S Code last checked for updates: Nov 22, 2024

§ 1240a.

Certification

(a)

Certification of completion of coal reclamation

(1)

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.

(2)

(A)

The Secretary may, on the initiative of the Secretary, make the certification referred to in paragraph (1) on behalf of any State or Indian tribe referred to in paragraph (1) if on the basis of the inventory referred to in section 1233(c) of this title all reclamation projects relating to the priorities described in section 1233(a) of this title for eligible land and water pursuant to section 1234 of this title in the State or tribe have been completed.

(B)

The Secretary shall only make the certification after notice in the Federal Register and opportunity for public comment.

(b)

Eligible lands, waters, and facilities

If the Secretary has concurred in a State or tribal certification under subsection (a), 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) 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

(e)

Utilities and other facilities

(f)

Public facilities related to coal or minerals industry

(g)

Application of other provisions

(h)

Payments to States and Indian tribes

(1)

In general

(A)

Payments

(i)

In general

(ii)

Conversion as equivalent payments

(B)

Amount due

(C)

Schedule

(i)

In general

(ii)

Certain payments required

Not withstanding any other provision of this chapter, as soon as practicable, but not later than December 10, 2015, of the 7 equal installments referred to in clause (i), the Secretary shall pay to any certified State or Indian tribe to which the total annual payment under this subsection was limited to $15,000,000 in 2013 and $28,000,000 in fiscal year 2014—

(I)

the final 2 installments in 2 separate payments of $82,700,000 each; and

(II)

2 separate payments of $38,250,000 each.

(D)

Use of funds

(i)

Certified States and Indian tribes

(ii)

Uncertified States and Indian tribes

(2)

Subsequent State and Indian tribe share for certified States and Indian tribes

(A)

In general

(B)

Certified State or Indian tribe defined

(3)

Manner of payment

(A)

In general

(B)

Initial payments

(C)

Installments

(4)

Reallocation

(A)

In general

(B)

Allocation

(Pub. L. 95–87, title IV, § 411, as added Pub. L. 101–508, title VI, § 6010(2), Nov. 5, 1990, 104 Stat. 1388–296; amended Pub. L. 109–432, div. C, title II, § 206, Dec. 20, 2006, 120 Stat. 3016; Pub. L. 112–141, div. F, title I, § 100125, July 6, 2012, 126 Stat. 915; Pub. L. 112–175, § 142, Sept. 28, 2012, 126 Stat. 1321; Pub. L. 113–40, § 10(d), Oct. 2, 2013, 127 Stat. 546; Pub. L. 114–94, div. D, title XLIII, § 43001, Dec. 4, 2015, 129 Stat. 1762.)

cite as: 30 USC 1240a