695 



costs carried out under subsection (a) of this section 

 and conducted on lands other than federally owned 

 lands shall not exceed 75 per centum of the total 

 cost thereof. For the purposes of this section, such 

 project costs may include the reasonable value (in- 

 cluding donations) of planning, engineering, real 

 property acquisition (limited to the reasonable value 

 of the real property in its unreclaimed state and costs 

 Incidental to its acquisition, as determined by the 

 Commission), and such other materials (including, 

 but not limited to, sand. clay, stone, culm, rock, spoil 

 bank and noncombustible materials) and services 

 as may be required for such project. 



(c) Whenever a State, local government, or other 

 nonprofit applicant agrees to indemnify the Federal 

 Government, or its officers, agents, or employees, for 

 all claims of loss or damage resulting from the use 

 and occupation of lands for a project assisted under 

 this section, the Secretary may waive all require- 

 ments for the submission of releases, consents, 

 waivers, or similar instruments respecting such 

 lands, but the Secretary may require security as he 

 deems appropriate for any such indemnification 

 agreement. 



(di No moneys authorized by this Act shall be 

 expended for the purposes of reclaiming, improving, 

 grading, seeding, or reforestation of strip-mined 

 areas, except on lands owned by Federal. State, or 

 local government bodies or by private nonprofit en- 

 tities organized under State law to be used for public 

 recreation, conservation, community facilities, or 

 public housing. lAs amended Pub. L. 92-65, title II. 

 § 207, Aug. 5, 1971, 85 Stat. 169: Pub. L. 94-188, title 

 I, § 112, Dec. 31. 1975, 89 Stat. 1081.) 



Amendments 



1975 — Subsec. (a) (1). Pub. L. 94-188, § 112(1). author- 

 ized the Secretary of the Interior to plan and engineer 

 the activities enumerated in this subsection. 



Subsec. (a)(2). Pub. L. 94-188. 5 112(2). substituted 

 "execut* projects for planning, engineering, or extinguish- 

 ing" for "execute projects for extinguishing". 



Subsec. (b). Pub. L. 94-188. 5 112(3). substituted "other 

 materials (Including, but not limited tc, sand. clay, stone, 

 culm, rock, spoil bank and noncombustible materials) 

 and services" for "other materials and services". 



Subsec. (c). Pub. L. 94-188. § 112(4). substituted pro- 

 visions relating to indemnification agreements for pro- 

 visions relating to study and recommendations for recla- 

 mation and rehabilitation of strip and surface mining 

 areas. 



Subsec. (d). Pub. L. 94-188. §112(5), eliminated au- 

 thorization of appropriation for the two-fiscal-year period 

 ending June 30. 1969 and substituted provisions that the 

 moneys be used for public recreation, consei-vation. com- 

 munity facilities, or public housing for provisions that 

 the moneys may not be used until authorized by law 

 after completion of the study and report to the President 

 as provided in subsec. (c) of this section. 



1971— Subsec. (a) (1) . Pub. L. 92-65. § 207(a), added pro- 

 visions authorizing contributions to control or abate mine 

 drainage pollution. 



Subsec. (b). Pub. L. 92-65, § 207(b) , deleted fiscal year 

 limitation, and extended the existing 75-25 Federal-State 

 cost sharing ratio for restoration projects, and substituted 

 new formula for the computation of costs. 



§206, Water resource survey. 



(a) The Secretary of the Army Is hereby author- 

 ized and directed to prepare a comprehensive plan 

 for the development and efficient utilization of the 

 water and related resources of the Appalachian re- 



gion, giving special attention to the need for an In- 

 crease In the production of economic goods and serv- 

 ices within the region as a means of expanding eco- 

 nomic opportunities and thus enhancing the welfare 

 of Its people, which plan shall constitute an Integral 

 and harmonious component of the regional economic 

 development program authorized by this Act. 



(b) This plan may recommend measures for the 

 control of floods, the regulation of the rivers to en- 

 hance their value as sources of water supply for In- 

 dustrial and municipal development, the generation 

 of hydroelectric power, the prevention of water pol- 

 lution by drainage from mines, the development and 

 enhancement of the recreational potentials of the 

 region, the Improvement of the rivers for navigation 

 where this would further industrial development at 

 less cost than would the Improvement of other 

 modes of transportation, the conservation and effl- 

 clent utilization of the land resource, and such other 

 measures as may be found necessary to achieve the 

 objectives of this section. 



(c) To Insure that the plan prepared by the Sec- 

 retary of the Army shall constitute a harmonious 

 component of the regional program, he shall consult 

 with the Commission and the following : the Secre- 

 tary of Agriculture, the Secretary of Commerce, the 

 Secretary of Health, Education, and Welfare, the 

 Secretary of the Interior, Secretary of Tranaporta- 

 tlon, the Tennessee Valley Authority, and the Fed- 

 eral Power Commission, 



(d) The plan prepared pursuant to this section 

 shall be submitted to the Commission. The Com- 

 mission shall submit the plan to the President with 

 a statement of its views, and the President shall 

 submit the plan to the Congress with his recommen- 

 dations not later than E>ecember 3i, 1968. 



(e) The Federal agencies referred to in subsection 

 (O of this section are hereby authorized to assist 

 the Secretary of the Army in the preparation of the 

 plan authorized by this section, and the Secretary 

 of the Army is authorized to enter into and perform 

 such contracts, leases, cooperative agreements, or 

 other transactions as may be necessary to the prep- 

 aration of this plan and on such terms as he may 

 deem appropriate, with any department, agency, or 

 instrumentality of the United States or with any 

 State, or any political subdivision, agency, or instru- 

 mentality thereof, or with any person, firm, associa- 

 tion, or corporation. 



(f) The plan to be prepared by the Secretary of 

 the Army pursuant to this section shall also be co- 

 ordinated with all comprehensive river basin plans 

 heretofore or hereafter developed by United States 

 study commissions, interagency committees, or sim- 

 ilar planning bodies, for those river systems drain- 

 ing the Appalachian region. 



(g) Not to exceed $2,000,000 of the funds author- 

 ized in section 401 of this Act for the two-fiscal- 

 year period ending June 30. 1969, shall be available to 

 carry out this section. (As amended Pub. L. 89-670, 

 §8(c), Oct. 15, 1966, 80 Stat. 943; Pub. L. 90-103. 

 title I, § 111, Oct. 11, 1967, 81 Stat. 261.) 



Amendments 

 1967 — Subsec. (g). Pub. L. 90-103 substituted provi- 

 sions for availability of $2,000,000 for two-flscal-year 

 period ending June 30. 1969, for former provisions for 



