30 U.S.C. § 1245 — Abandoned hardrock mine reclamation
submitted 5 years ago by Pub. L. 117-58 to r/title-30-MINERAL-LANDS-AND-MINING · 416 words · no verdicts yet
This section requires the Secretary of the Interior to create a program for abandoned hardrock-mine land. It authorizes grants and limits the land and activities that may receive funding.
(a) Within 90 days after November 15, 2021, the Secretary of the Interior, called the Secretary here, must establish a program to inventory, assess, decommission, reclaim, respond to hazardous-substance releases on, and remediate abandoned hardrock-mine land, based on need, public health and safety, potential environmental harm, and other land-use priorities. (b) Subject to available funds, the Secretary must give competitive or formula grants to States and Indian Tribes with jurisdiction over abandoned hardrock-mine land to reclaim it. (c) Funds may be used only for Federal, State, Tribal, local, and private land affected by past hardrock mining and water resources crossing or next to it, including (1) resources used for or affected by mining and abandoned or inadequately reclaimed before November 15, 2021, and (2) land for which the Secretary finds no claim holder, liable party, operator, or other person remains responsible for reclamation after abandoning the site before required reclamation was complete. (d)(1) Funds must be used for the inventory, assessment, decommissioning, reclamation, hazardous-release response, and remediation described in (a). (2) They may not fulfill obligations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 that were agreed to in a settlement or imposed by a court, whether payment or work. (e)(1) Congress authorizes $3,000,000,000, available until spent: 50 percent for grants under (b), and 50 percent for the Secretary’s eligible activities on Federal land. (2) The Secretary may transfer the latter amount to the Agriculture Secretary for activities on National Forest System land.
Not later than 90 days after November 15, 2021, the Secretary of the Interior (referred to in this section as the “Secretary”) shall establish a program to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on conditions including need, public health and safety, potential environmental harm, and other land use priorities.
Subject to the availability of funds, the Secretary shall provide grants on a competitive or formula basis to States and Indian Tribes that have jurisdiction over abandoned hardrock mine land to reclaim that land.
Amounts made available under this section may only be used for Federal, State, Tribal, local, and private land that has been affected by past hardrock mining activities, and water resources that traverse or are contiguous to such land, including any of the following:
Land and water resources that were—
used for, or affected by, hardrock mining activities; and
abandoned or left in an inadequate reclamation status before November 15, 2021.
Land for which the Secretary makes a determination that there is no continuing reclamation responsibility of a claim holder, liable party, operator, or other person that abandoned the site prior to completion of required reclamation under Federal or State law.
Amounts made available to carry out this section shall be used to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on the priorities described in subsection (a).
Amounts made available to carry out this section may not be used to fulfill obligations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) agreed to in a legal settlement or imposed by a court, whether for payment of funds or for work to be performed.
There is authorized to be appropriated to carry out this section $3,000,000,000, to remain available until expended, of which—
50 percent shall be for grants to States and Indian Tribes under subsection (b) for eligible activities described in subsection (d)(1); and
50 percent shall be for available to the Secretary for eligible activities described in subsection (d)(1) on Federal land.
The Secretary may transfer amounts made available to the Secretary under paragraph (1)(B) to the Secretary of Agriculture for activities described in subsection (a) on National Forest System land.
Source credit: (Pub. L. 117–58, div. D, title VII, § 40704, Nov. 15, 2021, 135 Stat. 1093.)
- 2021Enacted · Pub. L. 117-58 · 135 Stat. 1093
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-58 on 2021-11-15.
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