Page:United States Statutes at Large Volume 91.djvu/495

 PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977

91 STAT. 4 6 1

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 r i g h t s), 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 .^.u 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 owmers of water rights, residents, or tenants (collectively or individually) of the lands in question. (b) The landowner, including the owner of water rights, resident, Plan, submittal to or tenant shall furnish to the Secretary of Agriculture a conservation Secretary of and development plan setting forth the proposed land uses and con- Agriculture, servation treatment which shall be nmtually agreed by the Secretary of Agriculture and the landowner, including owmer of water rights, resident, or tenant to be needed on the lands for which the plan was prepared. I n 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) 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) I n return for such agreement by the landowner, including Assistance, 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 a p p r o p r i a t e in the public interest for carrying out the land use and conservation treatment set forth in the agreement. G r a n t s made Tinder this section, depending on the income-producing Acreage potential of the land after reclaiming, shall provide up to 80 per limitation, centum of the cost of carrying out such land uses and conservation treatment on not more than one hundred and twenty aci'es of land occupied by such ovviier, including water I'ights 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 agr-eement; 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, Ixowever^ That the Secretary of Agriculture may allow for

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