(a) Priorities
Expenditure of moneys from the fund on lands and water eligible pursuant to
section 1234 of this title for the purposes of this subchapter, except as provided for under
section 1240a of this title, shall reflect the following priorities in the order stated:
(1)
(A) 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) Any State or Indian tribe not certified under section 1240a(a) of this title may expend funds allocated to such State or Indian tribe in any year through the grants made available under paragraphs (1) and (5) of section 1232(g) of this title 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) If the adverse effect on water supplies referred to in this subsection occurred both prior to and after August 3, 1977, or as the case may be, the dates (and under the criteria) set forth under section 1232(g)(4)(B) of this title, section 1234 of this title 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 August 3, 1977, or as the case may be, the dates (and under the criteria) set forth under section 1232(g)(4)(B) of this title.
Amendments
2006—Subsec. (a)(1). Pub. L. 109–432, § 203(1)(A), designated existing provisions as subpar. (A), inserted semicolon after “protection”, struck out “general welfare,” after “safety,”, and added subpar. (B).
Subsec. (a)(2). Pub. L. 109–432, § 203(1)(B), designated existing provisions as subpar. (A), substituted “health and safety” for “health, safety, and general welfare”, and added subpar. (B).
Subsec. (a)(3). Pub. L. 109–432, § 203(1)(C), which directed that a period be substituted for the semicolon at end, could not be executed because a period already appeared at end.
Subsec. (a)(4), (5). Pub. L. 109–432, § 203(1)(D), 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.”
Subsec. (b). Pub. L. 109–432, § 203(2)(A), substituted “Water supply restoration” for “Utilities and other facilities” in heading.
Subsec. (b)(1). Pub. L. 109–432, § 203(2)(B), struck out “up to 30 percent of the” before “funds”.
Subsec. (c). Pub. L. 109–432, § 203(3), inserted “, subject to the approval of the Secretary,” after “amendments” in second sentence.
1992—Subsec. (a)(4) to (6). Pub. L. 102–486, § 2504(c)(2), 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;”.
Subsec. (b)(2). Pub. L. 102–486, § 2504(e), inserted “, or as the case may be, the dates (and under the criteria) set forth under section 1232(g)(4)(B) of this title” after “1977” in two places.
1990—Pub. L. 101–508 designated existing provisions as subsec. (a), inserted heading and “, except as provided for under section 1240a of this title,” after “subchapter”, and added subsecs. (b) and (c).
Effective 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.