§ 1240. Emergency powers
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/usc/title-30/section-1240A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.)
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U.S. Code
statutes-at-large
- Public Law 98–472
- Public Law 99–188
- Public Law 97–100Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1982, and for other purposes
- Public Law 95–87To provide for the cooperation between the Secretary of the Interior and the States with respect to the regulation of surface coal mining operations, and the acquisition and reclamation of abandoned mines, and for other purposes
- Public Law 96–126Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1980, and for other purposes
- Public Law 98–146Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1984, and for other purposes
- Public Law 96–514Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1981, and for other purposes
- Public Law 97–394Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1983, and for other purposes
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2 references not yet in our index
- Pub. L. 95–87, title IV, § 410
- 91 Stat. 466
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§ 1240
Emergency powers
Fed. Reg.×8
Stat.×8
Bills×7
U.S.C.×4
Stat. Comp.×1
Pub. L.Pub. L. 95–87, title IV, § 410
Stat.91 Stat. 466
Cites 2Cited by 28 across 5 sources