---
kind: "section"
citation: "30 U.S.C. § 1240a"
title: "30"
title_heading: "Mineral Lands and Mining"
number: "1240a"
heading: "Certification"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/30/1240a"
units:
  - "Chapter 25 — Surface Mining Control and Reclamation"
  - "Subchapter IV — Abandoned Mine Reclamations"
---

# §1240a. Certification

- (a) **Certification of completion of coal reclamation—**
  - (1) The Governor of a [State](/usc/30/1291.md?p=24), or the head of a governing body of an [Indian tribe](/usc/30/1291.md?p=10), with an approved abandoned mine reclamation program under [section 1235 of this title](/usc/30/1235.md) may certify to the [Secretary](/usc/30/1291.md?p=23) that all of the priorities stated in [section 1233(a) of this title](/usc/30/1233.md?p=a) for eligible lands and waters pursuant to [section 1234 of this title](/usc/30/1234.md) have been achieved. The [Secretary](/usc/30/1291.md?p=23), after notice in the Federal Register and opportunity for public comment, shall concur with such certification if the [Secretary](/usc/30/1291.md?p=23) determines that such certification is correct.
  - (2)
    - (A) The [Secretary](/usc/30/1291.md?p=23) may, on the initiative of the [Secretary](/usc/30/1291.md?p=23), make the certification referred to in [paragraph (1)](#a-1) on behalf of any [State](/usc/30/1291.md?p=24) or [Indian tribe](/usc/30/1291.md?p=10) referred to in [paragraph (1)](#a-1) if on the basis of the inventory referred to in [section 1233(c) of this title](/usc/30/1233.md?p=c) all reclamation projects relating to the priorities described in [section 1233(a) of this title](/usc/30/1233.md?p=a) for eligible land and water pursuant to [section 1234 of this title](/usc/30/1234.md) in the [State](/usc/30/1291.md?p=24) or tribe have been completed.
    - (B) The [Secretary](/usc/30/1291.md?p=23) shall only make the certification after notice in the Federal Register and opportunity for public comment.
- (b) **Eligible lands, waters, and facilities—** If the [Secretary](/usc/30/1291.md?p=23) has concurred in a [State](/usc/30/1291.md?p=24) or tribal certification under [subsection (a)](#a), for purposes of determining the eligibility of lands and waters for annual grants under [section 1232(g)(1) of this title](/usc/30/1232.md?p=g-1), [section 1234 of this title](/usc/30/1234.md) shall not apply, and eligible lands, waters, and facilities shall be those—
  - (1) which were mined or processed for minerals or which were affected by such mining or processing, and abandoned or left in an inadequate reclamation status prior to August 3, 1977; and
  - (2) for which there is no continuing reclamation responsibility under [State](/usc/30/1291.md?p=24) or other Federal laws. In determining the eligibility under this subsection of [Federal lands](/usc/30/1291.md?p=4), waters, and facilities under the jurisdiction of the Forest Service or Bureau of Land Management, in lieu of the August 3, 1977, date referred to in [paragraph (1)](#b-1) the applicable date shall be August 28, 1974, and November 26, 1980, respectively.
- (c) **Priorities—** Expenditures of moneys for lands, waters, and facilities referred to in [subsection (b)](#b) shall reflect the following objectives and priorities in the order stated (in lieu of the priorities set forth in [section 1233 of this title](/usc/30/1233.md)):
  - (1) The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of mineral mining and processing practices.
  - (2) The protection of public health, safety, and general welfare from adverse effects of mineral mining and processing practices.
  - (3) The restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices.
- (d) **Specific sites and areas not eligible—** Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 ([42 U.S.C. 7901](/usc/42/7901.md) and following) or which have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 ([42 U.S.C. 9601](/usc/42/9601.md) and following) shall not be eligible for expenditures from the [Fund](/usc/30/1291.md?p=7) under this section.
- (e) **Utilities and other facilities—** Reclamation projects involving the protection, repair, replacement, construction, or enhancement of utilities, such as those relating to water supply, roads, and such other facilities serving the public adversely affected by mineral mining and processing practices, and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices, shall be deemed part of the objectives set forth, and undertaken as they relate to, the priorities stated in [subsection (c)](#c).
- (f) **Public facilities related to coal or minerals industry—** Notwithstanding [subsection (e)](#e), where the [Secretary](/usc/30/1291.md?p=23) has concurred in the certification referenced in [subsection (a)](#a) and where the Governor of a [State](/usc/30/1291.md?p=24) or the head of a governing body of an [Indian tribe](/usc/30/1291.md?p=10) determines there is a need for activities or construction of specific public facilities related to the coal or minerals industry in [States](/usc/30/1291.md?p=24) impacted by coal or minerals development and the [Secretary](/usc/30/1291.md?p=23) concurs in such need, then the [State](/usc/30/1291.md?p=24) or [Indian tribe](/usc/30/1291.md?p=10), as the case may be, may use annual grants made available under [section 1232(g)(1) of this title](/usc/30/1232.md?p=g-1) to carry out such activities or construction.
- (g) **Application of other provisions—** The provisions of sections [1237](/usc/30/1237.md) and [1238](/usc/30/1238.md) of this title shall apply to subsections [(a)](#a) through [(e)](#e) of this section, except that for purposes of this section the references to coal in sections [1237](/usc/30/1237.md) and [1238](/usc/30/1238.md) of this title shall not apply.
- (h) **Payments to States and Indian tribes—**
  - (1) **In general—**
    - (A) **Payments—**
      - (i) **In general—** Notwithstanding [section 1231(f)(3)(B) of this title](/usc/30/1231.md?p=f-3-B), from [funds](/usc/30/1291.md?p=7) referred to in [section 1232(i)(2) of this title](/usc/30/1232.md?p=i-2), the [Secretary](/usc/30/1291.md?p=23) shall make payments to [States](/usc/30/1291.md?p=24) or [Indian tribes](/usc/30/1291.md?p=10) for the amount due for the aggregate unappropriated amount allocated to the [State](/usc/30/1291.md?p=24) or [Indian tribe](/usc/30/1291.md?p=10) under subparagraph (A) or (B) of [section 1232(g)(1) of this title](/usc/30/1232.md?p=g-1).
      - (ii) **Conversion as equivalent payments—** Amounts allocated under subparagraph (A) or (B) of [section 1232(g)(1) of this title](/usc/30/1232.md?p=g-1) shall be reallocated to the allocation established in [section 1232(g)(5) of this title](/usc/30/1232.md?p=g-5) in amounts equivalent to payments made to [States](/usc/30/1291.md?p=24) or [Indian tribes](/usc/30/1291.md?p=10) under this paragraph.
    - (B) **Amount due—** In this paragraph, the term “amount due” means the unappropriated amount allocated to a [State](/usc/30/1291.md?p=24) or [Indian tribe](/usc/30/1291.md?p=10) before October 1, 2007, under subparagraph (A) or (B) of [section 1232(g)(1) of this title](/usc/30/1232.md?p=g-1).
    - (C) **Schedule—**
      - (i) **In general—** Payments under [subparagraph (A)](#h-1-A) shall be made in 7 equal annual installments, beginning with fiscal year 2008.
      - (ii) **Certain payments required—** Not withstanding any other provision of this chapter, as soon as practicable, but not later than December 10, 2015, of the 7 equal installments referred to in [clause (i)](#h-1-C-i), the [Secretary](/usc/30/1291.md?p=23) shall pay to any certified [State](/usc/30/1291.md?p=24) or [Indian tribe](/usc/30/1291.md?p=10) to which the total annual payment under this subsection was limited to $15,000,000 in 2013 and $28,000,000 in fiscal year 2014—
        - (I) the final 2 installments in 2 separate payments of $82,700,000 each; and
        - (II) 2 separate payments of $38,250,000 each.
    - (D) **Use of funds—**
      - (i) **Certified States and Indian tribes—** A [State](/usc/30/1291.md?p=24) or [Indian tribe](/usc/30/1291.md?p=10) that makes a certification under [subsection (a)](#a) in which the [Secretary](/usc/30/1291.md?p=23) concurs shall use any amounts provided under this paragraph for the purposes established by the [State](/usc/30/1291.md?p=24) legislature or tribal council of the [Indian tribe](/usc/30/1291.md?p=10), with priority given for addressing the impacts of mineral development.
      - (ii) **Uncertified States and Indian tribes—** A [State](/usc/30/1291.md?p=24) or [Indian tribe](/usc/30/1291.md?p=10) that has not made a certification under [subsection (a)](#a) in which the [Secretary](/usc/30/1291.md?p=23) has concurred shall use any amounts provided under this paragraph for the purposes described in [section 1233 of this title](/usc/30/1233.md).
  - (2) **Subsequent State and Indian tribe share for certified States and Indian tribes—**
    - (A) **In general—** Notwithstanding [section 1231(f)(3)(B) of this title](/usc/30/1231.md?p=f-3-B), from [funds](/usc/30/1291.md?p=7) referred to in [section 1232(i)(2) of this title](/usc/30/1232.md?p=i-2), the [Secretary](/usc/30/1291.md?p=23) shall pay to each certified [State](/usc/30/1291.md?p=24) or [Indian tribe](/usc/30/1291.md?p=10) an amount equal to the sum of the aggregate unappropriated amount allocated on or after October 1, 2007, to the certified [State](/usc/30/1291.md?p=24) or [Indian tribe](/usc/30/1291.md?p=10) under subparagraph (A) or (B) of [section 1232(g)(1) of this title](/usc/30/1232.md?p=g-1).
    - (B) **Certified State or Indian tribe defined—** In this paragraph the term “certified [State](/usc/30/1291.md?p=24) or [Indian tribe](/usc/30/1291.md?p=10)” means a [State](/usc/30/1291.md?p=24) or [Indian tribe](/usc/30/1291.md?p=10) for which a certification is made under [subsection (a)](#a) in which the [Secretary](/usc/30/1291.md?p=23) concurs.
  - (3) **Manner of payment—**
    - (A) **In general—** Subject to [subparagraph (B)](#h-3-B), payments to [States](/usc/30/1291.md?p=24) or [Indian tribes](/usc/30/1291.md?p=10) under this subsection shall be made without regard to any limitation in [section 1231(d) of this title](/usc/30/1231.md?p=d) and concurrently with payments to [States](/usc/30/1291.md?p=24) under that section.
    - (B) **Initial payments—** The first 3 payments made to any [State](/usc/30/1291.md?p=24) or [Indian tribe](/usc/30/1291.md?p=10) shall be reduced to 25 percent, 50 percent, and 75 percent, respectively, of the amounts otherwise required under [paragraph (2)(A)](#h-2-A).
    - (C) **Installments—** Amounts withheld from the first 3 annual installments as provided under [subparagraph (B)](#h-3-B) shall be paid in 2 equal annual installments beginning with fiscal year 2018.
  - (4) **Reallocation—**
    - (A) **In general—** The annual amount allocated under subparagraph (A) or (B) of [section 1232(g)(1) of this title](/usc/30/1232.md?p=g-1) to any [State](/usc/30/1291.md?p=24) or [Indian tribe](/usc/30/1291.md?p=10) that makes a certification under [subsection (a)](#a) of this section in which the [Secretary](/usc/30/1291.md?p=23) concurs shall be reallocated and available for grants under [section 1232(g)(5) of this title](/usc/30/1232.md?p=g-5).
    - (B) **Allocation—** The grants shall be allocated based on the amount of coal historically produced before August 3, 1977, in the same manner as under [section 1232(g)(5) of this title](/usc/30/1232.md?p=g-5).

## Source credit

(Pub. L. 95–87, title IV, § 411, as added Pub. L. 101–508, title VI, § 6010(2), Nov. 5, 1990, 104 Stat. 1388–296; amended Pub. L. 109–432, div. C, title II, § 206, Dec. 20, 2006, 120 Stat. 3016; Pub. L. 112–141, div. F, title I, § 100125, July 6, 2012, 126 Stat. 915; Pub. L. 112–175, § 142, Sept. 28, 2012, 126 Stat. 1321; Pub. L. 113–40, § 10(d), Oct. 2, 2013, 127 Stat. 546; Pub. L. 114–94, div. D, title XLIII, § 43001, Dec. 4, 2015, 129 Stat. 1762.)

## Notes

### Editorial Notes

### References in Text

The Uranium Mill Tailings Radiation Control Act of 1978, referred to in subsec. (d), is Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, which is classified principally to chapter 88 (§ 7901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7901 of Title 42 and Tables.

The Comprehensive Environmental Response Compensation and Liability Act of 1980, referred to in subsec. (d), probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.

### Prior Provisions

A prior section 411 of Pub. L. 95–87 was renumbered section 412 and was classified to section 1241 of this title, prior to being omitted from the Code.

### Amendments

2015—Subsec. (h)(1)(C). Pub. L. 114–94, § 43001(1), designated existing provisions as cl. (i), inserted heading, and added cl. (ii).

Subsec. (h)(5), (6). Pub. L. 114–94, § 43001(2), struck out pars. (5) and (6) which related to limitation on annual payments and supplemental funding, respectively.

2013—Subsec. (h)(6). Pub. L. 113–40 added par. (6).

2012—Subsec. (h)(4)(A). Pub. L. 112–175 amended subpar. (A) generally. Prior to amendment, text read as follows: “The amount allocated to any State or Indian tribe under subparagraph (A) or (B) of section 1232(g)(1) of this title that is paid to the State or Indian tribe as a result of a payment under paragraph (1) or (2) shall be reallocated and available for grants under section 1232(g)(5) of this title.”

Subsec. (h)(5). Pub. L. 112–141 added par. (5).

2006—Subsec. (a). Pub. L. 109–432, § 206(1), designated existing provisions as par. (1) and added par. (2).

Subsec. (h). Pub. L. 109–432, § 206(2), added subsec. (h).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 1991, see section 6014 of Pub. L. 101–508 set out as an Effective Date of 1990 Amendment note under section 1231 of this title.