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 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 ten- ant have been adversely affected by a surface or underground coal mine operation which has re- moved or disturbed a stratum so as to signifi- cantly affect the hydrologic balance, such plan may include proposed measures to enhance water quality or quantity by means of joint ac- tion 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 agree- ment 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 pro- vided for in such plan on the lands described in the agreement in accordance with the terms and conditions thereof. (d) Financial and other assistance; determina- tion by Secretary In return for such agreement by the land- owner, including owner of water rights, resident, or tenant, the Secretary of Agriculture is au- thorized to furnish financial and other assist- ance 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 appro- priate 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 occu- pied by such owner, including water rights own- ers, resident, or tenant, or on not more than one hundred and twenty acres of land which has been purchased jointly by such landowners, in- cluding water rights owners, residents, or ten- ants, 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 re- duce the matching cost share where he deter- mines 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 re- quirement would place a burden on the land- owner 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 land- owner to carry out such reclamation on such lands shall be reduced proportionately. Notwith- standing any other provision of this section with regard to acreage limitations, the Secretary of Agriculture may carry out reclamation treat- ment 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 Agri- culture 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 au- thorized herein. (f) Preservation and surrender of history and al- lotments 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 Page 256 TITLE 30—MINERAL LANDS AND MINING § 1237 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 pur- pose 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 allot- ments. (g) Rules and regulations The Secretary of Agriculture shall be author- ized to issue such rules and regulations as he de- termines are necessary to carry out the provi- sions of this section. (h) Utilization of Natural Resources Conserva- tion 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 sec- tion. (Pub. L. 95–87, title IV, § 406, Aug. 3, 1977, 91 Stat. 460; Pub. L. 97–98, title XV, § 1551, Dec. 22, 1981, 95 Stat. 1344; Pub. L. 101–508, title VI, §§ 6008, 6012(c), (d)(3), Nov. 5, 1990, 104 Stat. 1388–295, 1388–298; Pub. L. 109–432, div. C, title II, § 204, Dec. 20, 2006, 120 Stat. 3016.) Editorial Notes AMENDMENTS 2006—Subsec. (h). Pub. L. 109–432, § 204(a), substituted ‘‘Natural Resources Conservation Service’’ for ‘‘Soil Conservation Service’’. Subsec. (i). Pub. L. 109–432, § 204(b), added subsec. (i). 1990—Subsec. (a). Pub. L. 101–508, § 6012(d)(3), which di- rected the substitution of ‘‘(including owners’’ for ‘‘in- cluding owners’’ was executed the first time that phrase appeared to reflect the probable intent of Con- gress, because the parenthetical statement concluding with ‘‘water rights)’’ was enacted without an opening parenthesis. Subsec. (d). Pub. L. 101–508, § 6008, struck out ‘‘experi- mental’’ before ‘‘reclamation treatment projects’’ in last sentence. Subsec. (i). Pub. L. 101–508, § 6012(c), repealed subsec. (i) which read as follows: ‘‘Funds shall be made avail- able to the Secretary of Agriculture for the purposes of this section, as provided in section 1231 of this title.’’ 1981—Subsec. (d). Pub. L. 97–98 inserted provisions that notwithstanding any other provision of this sec- tion with regard to acreage limitations, the Secretary may carry out experimental 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 rec- lamation was done on individual parcels of land. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–508 effective Oct. 1, 1991, see section 6014 of Pub. L. 101–508 set out as a note under section 1231 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of Title 7, Agriculture. § 1237. Acquisition and reclamation of land ad- versely affected by past coal mining prac- tices (a) Findings of fact; notice; right of entry If the Secretary or the State pursuant to an approved State program, makes a finding of fact that— (1) land or water resources have been ad- versely affected by past coal mining practices; and (2) the adverse effects are at a stage where, in the public interest, action to restore, re- claim, abate, control, or prevent should be taken; and (3) the owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known, or readily available; or (4) the owners will not give permission for the United States, the States, political sub- divisions, their agents, employees, or contrac- tors to enter upon such property to restore, re- claim, abate, control, or prevent the adverse effects of past coal mining practices; then, upon giving notice by mail to the owners if known or if not known by posting notice upon the premises and advertising once in a news- paper of general circulation in the municipality in which the land lies, the Secretary, his agents, employees, or contractors, or the State pursuant to an approved State program, shall have the right to enter upon the property adversely af- fected by past coal mining practices and any other property to have access to such property to do all things necessary or expedient to re- store, reclaim, abate, control, or prevent the ad- verse effects. Such entry shall be construed as an exercise of the police power for the protec- tion of public health, safety, and general welfare and shall not be construed as an act of con- demnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing to any such premises so en- tered 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 provi- sion is not intended to create new rights of ac- tion or eliminate existing immunities. (b) Studies or exploratory work The Secretary, his agents, employees, or con- tractors or the State pursuant to an approved State program, shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the ex- istence of adverse effects of past coal mining practices and to determine the feasibility of res- toration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed