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30 U.S.C. § 1236 — Reclamation of rural lands

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1236 — Reclamation of rural lands

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Stable record: federal_law:legal_authorities:record_usc_681637ec444ec5ea44829bda
Source file: Laws/federal/codes/united-states-code/title-30/section-1236-reclamation-of-rural-lands--a7ea9ff629.md
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Source location: Title 30, Chapter 25, § 1236; chapter-025-surface-mining-control-and-reclamation.md

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**(a) Agreements with landowners for conservation treatment** In order to provide for the control and prevention of erosion and sediment damages from unreclaimed mined lands, and to promote the conservation and development of soil and water resources of unreclaimed mined lands and lands affected by mining, the Secretary of Agriculture is authorized to enter into agreements of not more than ten years with landowners (including owners of water rights), residents, and tenants, and individually or collectively, determined by him to have control for the period of the agreement of lands in question therein, providing for land stabilization, erosion, and sediment control, and reclamation through conservation treatment, including measures for the conservation and development of soil, water (excluding stream channelization), woodland, wildlife, and recreation resources, and agricultural productivity of such lands. Such agreements shall be made by the Secretary with the owners, including owners of water rights, residents, or tenants (collectively or individually) of the lands in question. **(b) Conservation and development plans** The landowner, including the owner of water rights, resident, or tenant shall furnish to the Secretary of Agriculture a conservation and development plan setting forth the proposed land uses and conservation treatment which shall be mutually agreed by the Secretary of Agriculture and the landowner, including owner of water rights, resident, or tenant to be needed on the lands for which the plan was prepared. In those instances where it is determined that the water rights or water supply of a tenant, landowner, including owner of water rights, resident, or tenant have been adversely affected by a surface or underground coal mine operation which has removed or disturbed a stratum so as to significantly affect the hydrologic balance, such plan may include proposed measures to enhance water quality or quantity by means of joint action with other affected landowners, including owner of water rights, residents, or tenants in consultation with appropriate State and Federal agencies. **(c) Agreement to effect plan** Such plan shall be incorporated in an agreement under which the landowner, including owner of water rights, resident, or tenant shall agree with the Secretary of Agriculture to effect the land uses and conservation treatment provided for in such plan on the lands described in the agreement in accordance with the terms and conditions thereof. **(d) Financial and other assistance; determination by Secretary** In return for such agreement by the landowner, including owner of water rights, resident, or tenant, the Secretary of Agriculture is authorized to furnish financial and other assistance to such landowner, including owner of water rights, resident, or tenant, in such amounts and subject to such conditions as the Secretary of Agriculture determines are appropriate in the public interest for carrying out the land use and conservation treatment set forth in the agreement. Grants made under this section, depending on the income-producing potential of the land after reclaiming, shall provide up to 80 per centum of the cost of carrying out such land uses and conservation treatment on not more than one hundred and twenty acres of land occupied by such owner, including water rights owners, resident, or tenant, or on not more than one hundred and twenty acres of land which has been purchased jointly by such landowners, including water rights owners, residents, or tenants, under an agreement for the enhancement of water quality or quantity or on land which has been acquired by an appropriate State or local agency for the purpose of implementing such agreement; except the Secretary may reduce the matching cost share where he determines that (1) the main benefits to be derived from the project are related to improving offsite water quality, offsite esthetic values, or other offsite benefits, and (2) the matching share requirement would place a burden on the landowner which would probably prevent him from participating in the program: Provided, however, That the Secretary of Agriculture may allow for land use and conservation treatment on such lands occupied by any such owner in excess of such one hundred and twenty acre limitation up to three hundred and twenty acres, but in such event the amount of the grant to such landowner to carry out such reclamation on such lands shall be reduced proportionately. Notwithstanding any other provision of this section with regard to acreage limitations, the Secretary of Agriculture may carry out reclamation treatment projects to control erosion and improve water quality on all lands within a hydrologic unit, consisting of not more than 25,000 acres, if the Secretary determines that treatment of such lands as a hydrologic unit will achieve greater reduction in the adverse effects of past surface mining practices than would be achieved if reclamation was done on individual parcels of land. **(e) Termination of agreements** The Secretary of Agriculture may terminate any agreement with a landowner including water rights owners, operator, or occupier by mutual agreement if the Secretary of Agriculture determines that such termination would be in the public interest, and may agree to such modification of agreements previously entered into hereunder as he deems desirable to carry out the purposes of this section or to facilitate the practical administration of the program authorized herein. **(f) Preservation and surrender of history and allotments** Notwithstanding any other provision of law, the Secretary of Agriculture, to the extent he deems it desirable to carry out the purposes of this section, may provide in any agreement hereinunder for (1) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment history applicable to land covered by the agreement for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation on the production of such crop; or (2) surrender of any such history and allotments. **(g) Rules and regulations** The Secretary of Agriculture shall be authorized to issue such rules and regulations as he determines are necessary to carry out the provisions of this section. **(h) Utilization of Natural Resources Conservation Service** In carrying out the provisions of this section, the Secretary of Agriculture shall utilize the services of the Natural Resources Conservation Service. **(i) Authorization of appropriations** There are authorized to be appropriated to the Secretary of Agriculture, from amounts in the Treasury other than amounts in the fund, such sums as may be necessary to carry out this section.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1231 — Abandoned Mine Reclamation Fund

**(a) Establishment; administration; State funds** There is created on the books of the Treasury of the United States a trust fund to be known as the Abandoned Mine Reclamation Fund (hereinafter referred to as the “fund”) which shall be administered by the Secretary of the Interior. State abandoned mine reclamation funds (State funds) generated by grants from this subchapter shall be established by each State pursuant to an approved State program. **(b) Sources of deposits to fund** The fund shall consist of amounts deposited in the fund, from time to time derived from— (1) the reclamation fees levied under [section 1232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232&num=0&edition=prelim); (2) any user charge imposed on or for land reclaimed pursuant to this subchapter after expenditures for maintenance have been deducted; (3) donations by persons, corporations, associations, and foundations for the purposes of this subchapter; (4) recovered moneys as provided for in this subchapter; and (5) interest credited to the fund under subsection (e). **(c) Use of moneys** Moneys in the fund may be used for the following purposes: (1) reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to reclamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment pl

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1231

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 4301 — Congressional findings and declaration of policy

Flowers and plants are an integral part of American life, contributing a natural and beautiful element, especially in urban areas, to what is increasingly a manmade, artificial environment for this country’s citizens. Providing comfort and pleasure for many special occasions as well as for everyday living, flowers and plants work against visual pollution and, in the case of green plants, generate oxygen within their environment. The flowers and plants to which this chapter refers are cut flowers, potted flowering plants, and foliage plants. These flowers and plants are produced by many individual producers throughout the United States and in foreign countries. These products move in interstate and foreign commerce, and those that do not move in such channels of commerce directly burden or affect interstate commerce of these products. The maintenance and expansion of existing markets and the development of new or improved markets and uses are vital to the welfare of flower and plant producers, brokers, wholesalers, and retailers throughout the Nation. The floral industry within the United States is comprised mainly of small- and medium-sized businesses. The producers are primarily agriculturally-oriented companies rather than promotion-oriented companies. The development and implementation of coordinated programs of research and promotion necessary for the maintenance of markets and the development of new markets have been inadequate. Without cooperative action in providing for and financing such programs, individual flower and plant producers, wholesalers, and retailers are unable to implement programs of research, consumer and producer information, and promotion necessary to maintain and improve markets for these products. It is widely recognized that it is in the publ

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4301

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3471 — Payments for land removed from production for conservation purposes; authorization of appropriations

**(a)** The Secretary of Agriculture may enter into contracts to provide financial assistance in the form of payments to owners and operators of cropland located in counties where the soil normally freezes to a depth of at least four inches annually who remove such land from agricultural production for a period not to exceed one year for the purpose of installing enduring conservation measures which involve excavation of the soil. The payments under such contracts shall be in such amounts as determined by the Secretary to be necessary to effectuate the purposes of this subchapter but shall not exceed an amount equal to the number of acres of cropland removed from agricultural production for such purpose multiplied by 50 per centum of the typical annual rent, as determined by the Secretary, paid for similar land in the county. Financial assistance may not be provided under this section with respect to any conservation measure without the approval of the soil and water conservation district board for the district in which the land is located, and may not, in the aggregate, be provided in any year with respect to more than one-half of 1 per centum of the cropland in any county. **(b)** There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, such sums to remain available until expended.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3471

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3473 — Regulations

The Secretary of Agriculture shall prescribe such regulations as may be necessary to carry out the provisions of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 126 — Certain cost-sharing payments

**(a) General rule** Gross income does not include the excludable portion of payments received under— (1) The rural clean water program authorized by section 208(j) of the Federal Water Pollution Control Act ([33 U.S.C. 1288(j)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1288/j&num=0&edition=prelim)). (2) The rural abandoned mine program authorized by section 406 of the Surface Mining Control and Reclamation Act of 1977 ([30 U.S.C. 1236](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1236&num=0&edition=prelim)). (3) The water bank program authorized by the Water Bank Act ([16 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1301&num=0&edition=prelim) et seq.). (4) The emergency conservation measures program authorized by title IV of the Agricultural Credit Act of 1978. (5) The agricultural conservation program authorized by the Soil Conservation and Domestic Allotment Act ([16 U.S.C. 590a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590a&num=0&edition=prelim)). (6) The resource conservation and development program authorized by the Bankhead-Jones Farm Tenant Act and by the Soil Conservation and Domestic Allotment Act ([7 U.S.C. 1010](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1010&num=0&edition=prelim); [16 U.S.C. 590a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590a&num=0&edition=prelim) et seq.). (7) Any small watershed program administered by the Secretary of Agriculture which is determined by the Secretary of the Treasury or his delegate to be substantially similar to the type of programs described in paragraphs (1) through (8). (8) Any program of a State, posses

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 126

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1232 — Reclamation fee

**(a) Payment; rate** All operators of coal mining operations subject to the provisions of this chapter shall pay to the Secretary of the Interior, for deposit in the fund, a reclamation fee of 22.4 cents per ton of coal produced by surface coal mining and 9.6 cents per ton of coal produced by underground mining or 10 per centum of the value of the coal at the mine, as determined by the Secretary, whichever is less, except that the reclamation fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine, or 6.4 cents per ton, whichever is less. **(b) Due date** Such fee shall be paid no later than thirty days after the end of each calendar quarter beginning with the first calendar quarter occurring after August 3, 1977, and ending September 30, 2034. **(c) Submission of statement** Together with such reclamation fee, all operators of coal mine operations shall submit a statement of the amount of coal produced during the calendar quarter, the method of coal removal and the type of coal, the accuracy of which shall be sworn to by the operator and notarized. Such statement shall include an identification of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the preparation plant, tripple,11 So in original. Probably should be “tipple,”. or loading point for the coal, and the person purchasing the coal from the operator. The report shall also specify the number of the permit required under [section 1256 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1256&num=0&edition=prelim) and the mine safety and health identification number. Each quarterly report shall contain a notification of any changes in the information required by this sub

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1232

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1236 — Reclamation of rural lands

Page 255 TITLE 30—MINERAL LANDS AND MINING § 1236 abandoned mine reclamation fund grant application from any eligible State under the provisions of the Sur- face Mining Control and Reclamation Act (91 Stat. 460) [Pub. L. 95–87, see Short Title note set out under sec- tion 1201 of this title] the Secretary of Interior shall grant to such State any and all funds available for such purposes in the applicable appropriations Act.’’ § 1236. Reclamation of rural lands (a) Agreements with landowners for conserva- tion treatment In order to provide for the control and preven- tion of erosion and sediment damages from unreclaimed mined lands, and to promote the conservation and development of soil and water resources of unreclaimed mined lands and lands affected by mining, the Secretary of Agriculture is authorized to enter into agreements of not more than ten years with landowners (including owners of water rights), residents, and tenants, and individually or collectively, determined by him to have control for the period of the agree- ment of lands in question therein, providing for land stabilization, erosion, and sediment con- trol, and reclamation through conservation treatment, including measures for the conserva- tion and development of soil, water (excluding stream channelization), woodland, wildlife, and recreation resources, and agricultural produc- tivity of such lands. Such agreements shall be made by the Secretary with the owners, includ- ing owners of water rights, residents, or tenants (collectively or individually) of the lands in question. (b) Conservation and development plans The landowner, including the owner of water rights, resident, or tenant shall furnish to the Secretary of Agriculture a conservation and de- velopment plan setting

Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1236

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