§ 1236. — Reclamation of rural lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1236]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER IV--ABANDONED MINE RECLAMATIONS
Sec. 1236. Reclamation of rural lands
(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 Soil Conservation Service
In carrying out the provisions of this section, the Secretary of
Agriculture shall utilize the services of the Soil Conservation Service.
(Pub. L. 95-87, title IV, Sec. 406, Aug. 3, 1977, 91 Stat. 460; Pub. L.
97-98, title XV, Sec. 1551, Dec. 22, 1981, 95 Stat. 1344; Pub. L. 101-
508, title VI, Secs. 6008, 6012(c), (d)(3), Nov. 5, 1990, 104 Stat.
1388-295, 1388-298.)
Amendments
1990--Subsec. (a). Pub. L. 101-508, Sec. 6012(d)(3), which directed
the substitution of ``(including owners'' for ``including owners'' was
executed the first time that phrase appeared to reflect the probable
intent of Congress, because the parenthetical statement concluding with
``water rights)'' was enacted without an opening parenthesis.
Subsec. (d). Pub. L. 101-508, Sec. 6008, struck out ``experimental''
before ``reclamation treatment projects'' in last sentence.
Subsec. (i). Pub. L. 101-508, Sec. 6012(c), repealed subsec. (i)
which read as follows: ``Funds shall be made available 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 section 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
reclamation was done on individual parcels of land.
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.
Section Referred to in Other Sections
This section is referred to in sections 1231, 1232 of this title;
title 26 section 126.
