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30 USC CHAPTER 13 - CONTROL OF COAL-MINE FIRES 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-HEAD-

CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-MISC1-

Sec.

551. Declaration of policy.

552. Definitions.

553. Duties of Secretary; surveys, research, etc.;

projects.

554. Lands subject to chapter.

555. Conditions precedent for aid to non-Federal lands.

(a) Enactment of local laws; agreements.

(b) Contributions.

556. Administration.

(a) Employment of personnel.

(b) Employment of equipment.

(c) Contractual authority.

(d) Acquisition of lands, etc.

(e) Property restoration.

(f) Contributions; cooperation with other agencies;

disposition of moneys.

557. Rules and regulations.

558. Authorization of appropriations.

-End-

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30 USC Sec. 551 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-HEAD-

Sec. 551. Declaration of policy

-STATUTE-

It is recognized that outcrop and underground fires in coal

formations involve serious wastage of the fuel resources of the

Nation, and constitute a menace to the health and safety of the

public and to surface property. It is therefore declared to be the

policy of the Congress to provide for the control and

extinguishment of outcrop and underground coal fires and thereby to

prevent injuries and loss of life, protect public health, conserve

natural resources, and to preserve public and private surface

property.

-SOURCE-

(Aug. 31, 1954, ch. 1156, Sec. 1, 68 Stat. 1009.)

-MISC1-

COAL FORMATIONS

Pub. L. 102-486, title XXV, Sec. 2504(d)(1), (2), Oct. 24, 1992,

106 Stat. 3105, 3106, provided that:

"(1) In furtherance of the purposes of the Act of August 31, 1954

(30 U.S.C. 551-558) the Secretary of the Interior, acting through

the Director of the Office of Surface Mining Reclamation and

Enforcement, shall, upon application by a State, enter into a

cooperative agreement with any such State that has an approved

abandoned mine reclamation program pursuant to section 405 of the

Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1235]

to undertake the activities referred to in section 3(b) of the Act

of August 31, 1954 (30 U.S.C. 553(b)). The Secretary shall

immediately enter into such cooperative agreement upon application

by a State. Any such cooperative agreement shall not be subject to

review or approval by the Appalachian Regional Development

Commission.

"(2) For the purposes of the cooperative agreements entered into

pursuant to paragraph (1), the requirements of section 5 of the Act

of August 31, 1954 (30 U.S.C. 555) are hereby waived."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 553 of this title.

-End-

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30 USC Sec. 552 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 13 - CONTROL OF COAL-MINE FIRES

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Sec. 552. Definitions

-STATUTE-

As used in this chapter:

"Coal" means any of the recognized classifications and ranks of

coal, including anthracite, bituminous, semibituminous,

subbituminous, and lignite.

"Outcrop" means any place where a formation is visible or

substantially exposed at the surface.

"Formation" means any vein, seam, stratum, bed, or other

naturally occurring deposit.

"Coal mine" means any underground, surface, or strip mine from

which coal is obtained.

"State" means any State or Territory of the United States, or any

political subdivision thereof.

"Person" means an individual, partnership, association,

corporation, business trust, legal representative, or any organized

group of persons.

-SOURCE-

(Aug. 31, 1954, ch. 1156, Sec. 2, 68 Stat. 1009.)

-End-

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30 USC Sec. 553 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 13 - CONTROL OF COAL-MINE FIRES

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Sec. 553. Duties of Secretary; surveys, research, etc.; projects

-STATUTE-

The Secretary of the Interior, in order to effectuate the policy

declared in section 551 of this title, is hereby authorized -

(a) to conduct surveys, investigations, and research relating

to the causes and extent of outcrop and underground fires in coal

formations and the methods for control or extinguishment of such

fires; to publish the results of any such surveys,

investigations, and researches; and to disseminate information

concerning such method; and

(b) to plan and execute projects for control or extinguishment

of fires in coal formations.

-SOURCE-

(Aug. 31, 1954, ch. 1156, Sec. 3, 68 Stat. 1009.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 554, 555, 556 of this

title.

-End-

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30 USC Sec. 554 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 13 - CONTROL OF COAL-MINE FIRES

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Sec. 554. Lands subject to chapter

-STATUTE-

The acts authorized in section 553 of this title may be performed

-

(a) on lands owned or controlled by the United States or any of

its agencies, with the cooperation of the agency having

jurisdiction thereof; and

(b) on any other lands, upon obtaining proper consent or the

necessary rights or interests in such lands: Provided, however,

That expenditure of Federal funds for this purpose in any

privately owned operating coal mine shall be limited to the acts

authorized in section 553(a) of this title.

-SOURCE-

(Aug. 31, 1954, ch. 1156, Sec. 4, 68 Stat. 1009.)

-End-

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30 USC Sec. 555 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-HEAD-

Sec. 555. Conditions precedent for aid to non-Federal lands

-STATUTE-

(a) Enactment of local laws; agreements

As a condition to the extending of any benefits under section

553(b) of this title to any lands not owned or controlled by the

United States or any of its agencies, except where such action is

necessary for the protection of lands or other property owned or

controlled by the United States or any of its agencies, the

Secretary of the Interior may require -

(1) the enactment of State or local laws providing for the

control and extinguishment of outcrop and underground fires in

coal formations on State or privately owned land and the

cooperation of State or local authorities in the work; and

(2) agreements or covenants as to the performance and

maintenance of the work required to control or extinguish such

fires.

(b) Contributions

The Secretary of the Interior shall require in connection with

any project for the control or extinguishment of fires in any

inactive coal mine on any lands not owned or controlled by the

United States or any of its agencies, except where such project is

necessary for the protection of lands or other property owned or

controlled by the United States or any of its agencies, (1) that

the State or person owning or controlling such lands contribute on

a matching basis 50 per centum of the cost of planning and

executing such project, or (2), if such State or person furnishes

evidence satisfactory to the Secretary of the Interior of an

inability to make the matching contribution herein provided for,

that such State or person pay to the Government, within such period

of time as the Secretary of the Interior shall determine, an amount

equal to 50 per centum of the cost of planning and executing such

project. At least 75 per centum of the funds expended in any fiscal

year, from any appropriation available to carry out the purposes of

this chapter, in connection with projects for the control or

extinguishment of fires in inactive coal mines where such action is

not necessary for the protection of lands or other property owned

or controlled by the United States or any of its agencies, shall be

expended in conformity with clause (1) of this subsection.

-SOURCE-

(Aug. 31, 1954, ch. 1156, Sec. 5, 68 Stat. 1010.)

-End-

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30 USC Sec. 556 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-HEAD-

Sec. 556. Administration

-STATUTE-

In carrying out the provisions of section 553 of this title the

Secretary of the Interior is authorized -

(a) Employment of personnel

to secure, by contract or otherwise, and without regard to the

civil service laws and chapter 51 and subchapter III of chapter

53 of title 5, for work of a temporary, intermittent, or

emergency character, such personal services as may be deemed

necessary for the efficient and economical performance of the

work;

(b) Employment of equipment

to hire, with or without personal services, work animals and

animal-drawn and motor-propelled vehicles and equipment, at rates

to be approved by the Secretary of the Interior and without

regard to the provisions of section 5 of title 41;

(c) Contractual authority

to procure all or any part of the surveys, investigations, and

control or extinguishment work by contracts with engineers,

contractors, or firms or corporations thereof;

(d) Acquisition of lands, etc.

to acquire lands or rights and interests therein, including

improvements, by purchase, lease, gift, exchange, condemnation,

or otherwise, whenever necessary for the purposes of this

chapter;

(e) Property restoration

to repair, restore, or replace private property damaged or

destroyed as a result of, or incident to, operations under this

chapter; and

(f) Contributions; cooperation with other agencies; disposition

of moneys

to receive and accept money and property, real or personal, or

interests therein, as a gift, bequest, or contribution, for use

in any of the activities authorized under this chapter; and to

conduct any of the activities authorized under this chapter in

cooperation with any person or agency, Federal, State, or

private. Any money so received shall be deposited in the Treasury

of the United States in an available trust fund to be disbursed

by the Secretary of the Treasury upon certification by the

Secretary of the Interior in accordance with the terms of the

grant, and shall remain available until expended for the purposes

for which received and accepted.

-SOURCE-

(Aug. 31, 1954, ch. 1156, Sec. 6, 68 Stat. 1010.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In subsec. (a), "chapter 51 and subchapter III of chapter 53 of

title 5" substituted for "the Classification Act of 1949, as

amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

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30 USC Sec. 557 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 13 - CONTROL OF COAL-MINE FIRES

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Sec. 557. Rules and regulations

-STATUTE-

The Secretary of the Interior may issue rules and regulations to

effectuate the purposes of this chapter.

-SOURCE-

(Aug. 31, 1954, ch. 1156, Sec. 7, 68 Stat. 1011.)

-End-

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30 USC Sec. 558 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 13 - CONTROL OF COAL-MINE FIRES

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Sec. 558. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums,(!1) as

may be necessary to carry out the provisions and purposes of this

chapter.

-SOURCE-

(Aug. 31, 1954, ch. 1156, Sec. 8, 68 Stat. 1011; Pub. L. 102-486,

title XXV, Sec. 2504(d)(3), Oct. 24, 1992, 106 Stat. 3106.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 struck out "not to exceed $500,000

annually," after "such sums,".

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-