Page:United States Statutes at Large Volume 91.djvu/500

 91 STAT. 466

PUBLIC LAW 95-87—AUG. 3, 1977

or tribal chairman and only after all reclamation with respect to abandoned coal lands or coal development impacts have been met, except for those reclamation projects relating to the protection of the public health or safety. (d) I n those instances where mine waste piles are being rew'orked for conservation purposes, the incremental costs of disposing of the wastes from such operations by tilling voids and sealing tunnels may be eligible for funding providing that the disposal of these wastes meets the purposes of this section. Land acquisition. (e) The Secretary may acquire by purchase, donation, easement, or otherwise such interest in land as he determines necessary to carry out the provisions of this section. EMERGENCY POWERS

30 USC 1240.

Right of entry.



SEC. 410. (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 w'ill 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, Iwtvever, That this provision is not intended to create new rights of action or eliminate existing immunities. F U N D REPORT

Report to Congress.

30 USC 1241.

SEC. 411. Xot later than January 1, 1978, and annually thereafter, the Secretary or the State pursuant to an approved State program, shall report to the Congress on operations under the fund together with his recommendations as to future uses of the fund. MISCELLANEOUS POWERS

30 USC 1242.

SEC. 412. (a) The Secretary or the State pursuant to an approved State program, shall have the power and authority, if not granted it otherwise, to engage in any work and to do all things necessary or expedient, including promulgation of rules and regitlations, to implement and administer the provisions of this title. (b) The Secretary or the State pursuant to an approved State program, shall have the power and authority to engage in cooperative projects under this title with any other agency of the United States of America, any State and their governmental agencies.

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