Public Law 119-73 (01/23/2026)

30 U.S.C. § 1233

Objectives of fund

(a)

Priorities

section 1234 of this titlesection 1240a of this titleExpenditure of moneys from the fund on lands and water eligible pursuant to for the purposes of this subchapter, except as provided for under , shall reflect the following priorities in the order stated:
(1)
(A)
1
1 So in original.
the protection;  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)
section 1240a(a) of this titlesection 1232(g) of this title Any State or Indian tribe not certified under may expend funds allocated to such State or Indian tribe in any year through the grants made available under paragraphs (1) and (5) of 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)
section 1232(g)(4)(B) of this titlesection 1234 of this titlesection 1232(g)(4)(B) of this title 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 , 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 .
(c)

Inventory

section 1235 of this titlesection 1240a(a) of this titlesection 1234 of this titlesection 1235 of this titlesection 1235 of this titleFor the purposes of assisting in the planning and evaluation of reclamation projects pursuant to , and assisting in making the certification referred to in , the Secretary shall maintain an inventory of eligible lands and waters pursuant to 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 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 . 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.

Pub. L. 95–87, title IV, § 40391 Stat. 458Pub. L. 101–508, title VI, § 6005104 Stat. 1388–294Pub. L. 102–486, title XXV, § 2504(c)(2)106 Stat. 3105Pub. L. 109–432, div. C, title II, § 203120 Stat. 3015(, , ; , , ; , (e), , , 3106; , , .)

Editorial Notes

Amendments

Pub. L. 109–432, § 203(1)(A)2006—Subsec. (a)(1). , designated existing provisions as subpar. (A), inserted semicolon after “protection”, struck out “general welfare,” after “safety,”, and added subpar. (B).

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

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

Pub. L. 109–432, § 203(1)(D)Subsec. (a)(4), (5). , 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.”

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

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

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

Pub. L. 102–486, § 2504(c)(2)1992—Subsec. (a)(4) to (6). , 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;”.

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

Pub. L. 101–508section 1240a of this title1990— designated existing provisions as subsec. (a), inserted heading and “, except as provided for under ,” after “subchapter”, and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

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