30-U.S.C.-1240

§1240 – Emergency Powers

Pathway

Title 30 > Chapter 25 > Subchapter IV > Section 1240

Details

• Reference: Section 1240
• Legend: §1240 – Emergency Powers
• USCode Year: 2013

Provision Content

(a) The Secretary is authorized to expend moneys from the fund for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices, on eligible lands, if the Secretary makes a finding of fact that—

(1) an emergency exists constituting a danger to the public health, safety, or general welfare; and

(2) no other person or agency will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices.

(b) The Secretary, his agents, employees, and contractors shall have the right to enter upon any land where the emergency exists and any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary or expedient to protect the public health, safety, or general welfare. Such entry shall be construed as an exercise of the police power and shall not be construed as an act of condemnation of property nor of trespass thereof. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry: Provided, however, That this provision is not intended to create new rights of action or eliminate existing immunities.

(Pub. L. 95–87, title IV, §410, Aug. 3, 1977, 91 Stat. 466.)

U.S. Encyclopedia of Law Coverage

30-U.S.C.-1231 in the Legal Encyclopedia: Mining

In this entry about 30-U.S.C.-1231, find legal reference material, bibliographies and premiere content related to mining in the American Encyclopedia of Law, presenting a comprehensive view of the United States mining-specific issues, written by authorities in the field.

Topic Map

• Browse the Topic Map in relation with Title 30 (Mineral Lands And Mining) guided by subject interests.