33 U.S.C. § 1257

Mine water pollution control demonstrations

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(a) Comprehensive approaches to elimination or control of mine water pollution

The Administrator in cooperation with the Appalachian Regional Commission and other Federal agencies is authorized to conduct, to make grants for, or to contract for, projects to demonstrate comprehensive approaches to the elimination or control of acid or other mine water pollution resulting from active or abandoned mining operations and other environmental pollution affecting water quality within all or part of a watershed or river basin, including siltation from surface mining. Such projects shall demonstrate the engineering and economic feasibility and practicality of various abatement techniques which will contribute substantially to effective and practical methods of acid or other mine water pollution elimination or control, and other pollution affecting water quality, including techniques that demonstrate the engineering and economic feasibility and practicality of using sewage sludge materials and other municipal wastes to diminish or prevent pollution affecting water quality from acid, sedimentation, or other pollutants and in such projects to restore affected lands to usefulness for forestry, agriculture, recreation, or other beneficial purposes.

(b) Consistency of projects with objectives of subtitle IV of title 40

Prior to undertaking any demonstration project under this section in the Appalachian region (as defined in section 14102(a)(1) and (b) of title 40), the Appalachian Regional Commission shall determine that such demonstration project is consistent with the objectives of subtitle IV of title 40.

The Administrator, in selecting watersheds for the purposes of this section, shall be satisfied that the project area will not be affected adversely by the influx of acid or other mine water pollution from nearby sources.

(d) Conditions upon Federal participationFederal participation in such projects shall be subject to the conditions—(1) that the State shall acquire any land or interests therein necessary for such project; and(2) that the State shall provide legal and practical protection to the project area to insure against any activities which will cause future acid or other mine water pollution.(e) Authorization of appropriations

There is authorized to be appropriated $30,000,000 to carry out the provisions of this section, which sum shall be available until expended.

(June 30, 1948, ch. 758, title I, § 107, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 828.)Editorial NotesCodification

In subsec. (b), “section 14102(a)(1) and (b) of title 40” substituted for “section 403 of the Appalachian Regional Development Act of 1965, as amended” and “subtitle IV of title 40” substituted for “the Appalachian Regional Development Act of 1965, as amended” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Notes of Decisions

Cited in 2 cases, 1979–1997 · leading case: Consolidation Coal Co. v. Douglas M. Costle, as Adm'r, Env't Prot. Agency, 604 F.2d 239 (4th Cir. 1979).

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Consolidation Coal Co. v. Douglas M. Costle, as Adm'r, Env't Prot. Agency, 604 F.2d 239 (4th Cir. 1979). “§§ 107 and 304(f)(2)(B) [ 33 U.S.C. §§ 1257 and 1314(f)(2)(B)], Both sections, however, provide only for study, analysis, and demonstration projects.”

United States v. Krilich, 126 F.3d 1035 (7th Cir. 1997). “In 1992, when Krilich allegedly filled in wetlands without a permit, he ran into trouble with the United States Environmental Protection Agency, which called him on the carpet for violating the Clean Water Act, 33 U.S.C. § 1257 et seq. Krilich entered into a consent decree with…”

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