§1231. Abandoned Mine Reclamation Fund

(a) Establishment; administration; State funds

There is created on the books of the Treasury of the United States a trust fund to be known as the Abandoned Mine Reclamation Fund (hereinafter referred to as the "fund") which shall be administered by the Secretary of the Interior. State abandoned mine reclamation funds (State funds) generated by grants from this subchapter shall be established by each State pursuant to an approved State program.

(b) Sources of deposits to fund

The fund shall consist of amounts deposited in the fund, from time to time derived from-

(1) the reclamation fees levied under section 1232 of this title;

(2) any user charge imposed on or for land reclaimed pursuant to this subchapter after expenditures for maintenance have been deducted;

(3) donations by persons, corporations, associations, and foundations for the purposes of this subchapter;

(4) recovered moneys as provided for in this subchapter; and

(5) interest credited to the fund under subsection (e) of this section.

(c) Use of moneys

Moneys in the fund may be used for the following purposes:

(1) reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to reclamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment plants; prevention, abatement, and control of burning coal refuse disposal areas and burning coal in situ; prevention, abatement, and control of coal mine subsidence; and establishment of self-sustaining, individual State administered programs to insure private property against damages caused by land subsidence resulting from underground coal mining in those States which have reclamation plans approved in accordance with section 1253 of this title: Provided, That funds used for this purpose shall not exceed $3,000,000 of the funds made available to any State under section 1232(g)(1) of this title;

(2) for transfer on an annual basis to the Secretary of Agriculture for use under section 1236 of this title;

(3) acquisition and filling of voids and sealing of tunnels, shafts, and entryways under section 1239 of this title;

(4) acquisition of land as provided for in this subchapter;

(5) enforcement and collection of the reclamation fee provided for in section 1232 of this title;

(6) studies, research, and demonstration projects by the Department of the Interior to such extent or in such amounts as are provided in appropriation Acts with public and private organizations conducted in accordance with section 3501 of the Omnibus Budget Reconciliation Act of 1986, conducted for the purposes of this subchapter;

(7) restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining which constitutes an emergency as provided for in this subchapter;

(8) grants to the States to accomplish the purposes of this subchapter;

(9) administrative expenses of the United States and each State to accomplish the purposes of this subchapter;

(10) for use under section 1240a of this title;

(11) for the purpose of section 1257(c) of this title, except that not more than $10,000,000 shall annually be available for such purpose;

(12) for the purpose described in section 1232(h) of this title; and

(13) all other necessary expenses to accomplish the purposes of this subchapter.

(d) Moneys available upon appropriation; no fiscal year limitation

Moneys from the fund shall be available for the purposes of this subchapter, only when appropriated therefor, and such appropriations shall be made without fiscal year limitations.

(e) Interest

The Secretary of the Interior shall notify the Secretary of the Treasury as to what portion of the fund is not, in his judgment, required to meet current withdrawals. The Secretary of the Treasury shall invest such portion of the fund in public debt securities with maturities suitable for the needs of such fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall be credited to, and form a part of, the fund.

( Pub. L. 95–87, title IV, §401, Aug. 3, 1977, 91 Stat. 456 ; Pub. L. 98–473, title I, §101(c) [title III, §324], Oct. 12, 1984, 98 Stat. 1837 , 1875; Pub. L. 101–508, title VI, §6002, Nov. 5, 1990, 104 Stat. 1388–289 ; Pub. L. 102–486, title XIX, §19143(b)(3)(A), title XXV, §2504(c)(1), Oct. 24, 1992, 106 Stat. 3056 , 3105.)

References in Text

Section 3501 of the Omnibus Budget Reconciliation Act of 1986, referred to in subsec. (c)(6), is section 3501 of Pub. L. 99–509, which is set out below.

Amendments

1992-Subsec. (c)(6). Pub. L. 102–486, §2504(c)(1), substituted "studies, research, and demonstration projects" for "studies" and struck out "to provide information, advice, and technical assistance, including research and demonstration projects" after "private organizations".

Subsec. (c)(12), (13). Pub. L. 102–486, §19143(b)(3)(A), added par. (12) and redesignated former par. (12) as (13).

1990-Subsec. (b)(1). Pub. L. 101–508, §6002(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "the reclamation fees levied under section 1232 of this title: Provided, That an amount not to exceed 10 per centum of such reclamation fees collected for any calendar quarter shall be reserved beginning in the first calendar year in which the fee is imposed and continuing for the remainder of that fiscal year and for the period in which such fee is imposed by law, for the purpose of section 1257(c) of this title, subject to appropriation pursuant to authorization under section 1302 of this title: Provided further, That not more than $10,000,000 shall be available for such purposes;".

Subsec. (b)(5). Pub. L. 101–508, §6002(a)(2), added par. (5).

Subsec. (c)(1). Pub. L. 101–508, §6002(b)(1), substituted "section 1232(g)(1)" for "section 1232(g)(2)".

Subsec. (c)(2). Pub. L. 101–508, §6002(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "for use under section 1236 of this title, by the Secretary of Agriculture, of up to one-fifth of the money deposited in the funds annually and transferred by the Secretary of the Interior to the Secretary of Agriculture for such purposes;".

Subsec. (c)(6). Pub. L. 101–508, §6002(b)(3), struck out "by contract" after "Department of the Interior" and inserted "conducted in accordance with section 3501 of the Omnibus Budget Reconciliation Act of 1986" after "projects".

Subsec. (c)(10) to (12). Pub. L. 101–508, §6002(b)(5), added pars. (10) and (11) and redesignated former par. (10) as (12).

Subsec. (e). Pub. L. 101–508, §6002(c), added subsec. (e).

1984-Subsec. (c)(1). Pub. L. 98–473 inserted at end "and establishment of self-sustaining, individual State administered programs to insure private property against damages caused by land subsidence resulting from underground coal mining in those States which have reclamation plans approved in accordance with section 1253 of this title: Provided, That funds used for this purpose shall not exceed $3,000,000 of the funds made available to any State under section 1232(g)(2) of this title;".

Effective Date of 1990 Amendment

Section 6014 of Pub. L. 101–508 provided that: "The amendments made by this subtitle [subtitle A (§§6001–6014) of title VI of Pub. L. 101–508, enacting section 1240a of this title and amending this section and sections 1232 to 1237, 1239, 1257, and 1302 of this title] shall take effect at the beginning of the first fiscal year [Oct. 1, 1991] immediately following the fiscal year in which this subtitle is enacted."

Savings Provision

Section 6013 of Pub. L. 101–508 provided that: "Nothing in this subtitle [subtitle A (§§6001–6014) of title VI of Pub. L. 101–508, see Short Title of 1990 Amendment note set out under section 1201 of this title] shall be construed to affect the certifications made by the State of Wyoming, the State of Montana, and the State of Louisiana to the Secretary of the Interior prior to the date of enactment of this subtitle [Nov. 5, 1990] that such State has completed the reclamation of eligible abandoned coal mine lands."

Abandoned Mine Reclamation Fund; Deposit and Expenditure of Certain Donations

Pub. L. 105–277, div. A, §101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231 , 2681-245, provided in part: "That hereafter, donations received to support projects under the Appalachian Clean Streams Initiative and under the Western Mine Lands Restoration Partnerships Initiative, pursuant to 30 U.S.C. 1231, shall be credited to this account and remain available until expended without further appropriation for projects sponsored under these initiatives, directly through agreements with other Federal agencies, or through grants to States, and funding to local governments, or tax exempt private entities."

Abandoned Mine Reclamation Research and Development

Pub. L. 99–509, title III, §3501, Oct. 21, 1986, 100 Stat. 1891 , as amended by Pub. L. 102–285, §10(b), May 18, 1992, 106 Stat. 172 , provided that: "After the enactment of this Act, the research and demonstration authorities of the Department of the Interior under the provisions of section 401(c)(6) of the Surface Mining Control and Reclamation Act of 1977 (Public Law 95–87) [30 U.S.C. 1231(c)(6)] shall be transferred to, and carried out by, the Director of the United States Bureau of Mines. Research and demonstration projects under such provision shall be selected by a panel appointed by the Director of the United States Bureau of Mines to be comprised of 9 persons, including 4 representatives of State abandoned mine reclamation programs, 4 representatives of the United States Bureau of Mines, and one representative of the Office of Surface Mining Reclamation and Enforcement."

Section Referred to in Other Sections

This section is referred to in sections 1232, 1291, 1302, 1309b of this title.