§2336 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary can give technical, planning, and design help to Federal and non‑Federal groups for projects that fix water pollution from drainage at abandoned and inactive noncoal mines. Help can be used to manage drainage, restore and protect waterbodies and riparian areas, and test better treatment methods. Non‑Federal partners must pay 50% of project costs, except projects on U.S. land, land held in trust for an Indian Tribe, or restricted tribal land are fully paid by the Federal government (100%). The Secretary can also help build and run a database of cost‑effective reclamation technologies through the Restoration of Abandoned Mine Sites Program (Albuquerque District, Corps of Engineers). This does not change the Interior Secretary’s authority under Title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.). Up to $50,000,000 is authorized to be appropriated.

Title 33, §2336

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary may provide technical, planning, and design assistance to Federal and non-Federal interests for carrying out projects to address water quality problems caused by drainage and related activities from abandoned and inactive noncoal mines.

(b)Assistance provided under subsection (a) may be in support of projects for the purposes of—

(1)managing drainage from abandoned and inactive noncoal mines;

(2)restoring and protecting streams, rivers, wetlands, other waterbodies, and riparian areas degraded by drainage from abandoned and inactive noncoal mines; and

(3)demonstrating management practices and innovative and alternative treatment technologies to minimize or eliminate adverse environmental effects associated with drainage from abandoned and inactive noncoal mines.

(c)The non-Federal share of the cost of assistance under subsection (a) shall be 50 percent, except that the Federal share with respect to projects located on land owned by the United States, on land held in trust by the Secretary of the Interior on behalf of, and for the benefit of, an Indian Tribe, or on restricted land of any Indian Tribe, shall be 100 percent.

(d)Nothing in this section affects the authority of the Secretary of the Interior under title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).

(e)The Secretary may provide assistance to non-Federal and nonprofit entities to develop, manage, and maintain a database of conventional and innovative, cost-effective technologies for reclamation of abandoned and inactive noncoal mine sites. Such assistance shall be provided through the Restoration of Abandoned Mine Sites Program managed by the Albuquerque District Office of the Corps of Engineers.

(f)There is authorized to be appropriated to carry out this section $50,000,000.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (d), is Pub. L. 95–87, Aug. 3, 1977, 91 Stat. 445. Title IV of the Act is classified generally to subchapter IV (§ 1231 et seq.) of chapter 25 of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see

Short Title

note set out under section 1201 of Title 30 and Tables. Codification Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2022—Subsec. (c). Pub. L. 117–263, § 8390(1), inserted “, on land held in trust by the Secretary of the Interior on behalf of, and for the benefit of, an Indian Tribe, or on restricted land of any Indian Tribe,” after “land owned by the United States”. Subsec. (e). Pub. L. 117–263, § 8390(2), substituted “Restoration” for “Rehabilitation” and “Albuquerque” for “Sacramento”. Subsec. (f). Pub. L. 117–263, § 8390(3), substituted “$50,000,000” for “$30,000,000”. 2020—Subsec. (f). Pub. L. 116–260 substituted “$30,000,000” for “$20,000,000”. 2007—Subsec. (f). Pub. L. 110–114 substituted “$20,000,000” for “$7,500,000”. 2003—Subsec. (f). Pub. L. 108–137 substituted “$7,500,000” for “$5,000,000”.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–53, set out as a note under section 2201 of this title.

§2336 Abandoned and inactive noncoal mine restoration