30 U.S.C. § 1239

Filling voids and sealing tunnels

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(a) Congressional declaration of hazardous conditions

The Congress declares that voids, and open and abandoned 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 the 11 So in original. governing body of an Indian 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) Limitation on funds

Funds available for use in carrying out the purpose of this section shall be limited to those funds which must be allocated to the respective States or Indian tribes under the provisions of paragraphs (1) and (5) of section 1232(g) of this title.

(c) Limitation on expenditures(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 1233(a)(1) of this title, except that for the purposes of this section the reference to coal in section 1233(a)(1) of this title shall not apply.(2) The provisions of section 1234 of this title 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 1240a(a) of this title.(d) Disposal of mine wastes

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 filling voids and sealing tunnels may be eligible for funding providing that the disposal of these wastes meets the purposes of this section.

(e) Land acquisition

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.

(Pub. L. 95–87, title IV, § 409, Aug. 3, 1977, 91 Stat. 465; Pub. L. 101–508, title VI, § 6009, Nov. 5, 1990, 104 Stat. 1388–296.)Editorial NotesAmendments

1990—Subsec. (a). Pub. L. 101–508, § 6009(1), substituted “the governing body of an Indian tribe” for “chairman of any tribe”.

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”.

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.”

Statutory Notes and Related SubsidiariesEffective Date of 1990 Amendment

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.

Notes of Decisions

Cited in 4 cases, 1982–1987 · leading case: State of Montana v. William P. Clark, Sec'y of the Dep't of the Interior, 749 F.2d 740 (D.C. Cir. 1985).

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State of Montana v. William P. Clark, Sec'y of the Dep't of the Interior, 749 F.2d 740 (D.C. Cir. 1985). “, 30 U.S.C. § 1239 (b-c), and that Congress clearly knew the difference between the phrase “Indian reservation” and the statutorily defined term “Indian lands,” which includes both reservations and lands beyond the exterior boundaries of reservations either owned by or…”

Holmes v. Alabama Title Co., Inc., 507 So. 2d 922 (Ala. 1987). “See , 30 U.S.C. § 1239 , 30 C.F.R., Chapter VII, Subchapter R.”

United States v. Devil's Hole, Inc., 548 F. Supp. 451 (E.D. Pa. 1982). “See 30 U.S.C. § 1239 . On the whole, however, Congress evidenced an intent that the statute be interpreted broadly by providing a broad definition of type of operations subject to the fee.”

White Ex Rel. White v. United States, Dep't of Interior, 656 F. Supp. 25 (M.D. Penn. 1986). “Pursuant to the authority granted to the Secretary of the Interior in the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1239 , the Bureau of Mines and subsequently the Office of Surface Mining, through their branch offices located in the Wilkes-Barre-Scranton…”

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