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Show Conclusions Strip coal mining is an important part of the coal mining industry in the United States, and will probably continue as long as suitable coal de- posits exist. Federal participation in these activi- ties should endeavor (1) to protect the public in- terest in water, land, coal, and related resources; and (2) to insure that damages and rehabilitation costs should not accumulate to the extent that, in future basin development, the Federal Government will have to invest large sums of money to reclaim these lands, reduce sediment damage, and correct acid pollution of the streams. In view of the rapid expansion of stripping ac- tivities and the varied conditions where stripping is being done, a complete study of the problem should be undertaken cooperatively by all interests concerned to determine the potential extent of feasible stripping, its effect on communities, the values of resources destroyed, the extent of acid pollution and sedimentation and methods for their control, practical and beneficial uses of stripped lands, and methods of rehabilitation. Additional research is required to determine such matters as best and cheapest methods of land level- ling, inexpensive methods of increasing soil fertility, best agricultural and forest crops to be grown, and methods of enhancing recreational values. Special attention should be directed to the reclamation of the more acid and shale soils. Associated with these problems of the strip mines are those related to the recovery of culm and other spoil banks common to pit-mining. Fair and adequate legislation and enforcement through licensed operation, bonds, taxation, or pen- alties is needed. Such legislation should, when appropriate, give consideration to (1) the full eco- nomic value of the land and regulation of uses to the extent deemed necessary in the public interest; (2) the responsibility of the industry to minimize the adverse effects of its operations on the people in the communities in which it operates; (3) the lands stripped should be returned to an economi- cally sound and productive or beneficial use after mining operations; and (4) the cost of such re- habilitation and reclamation should be considered as a part of the cost of mining coal and be borne by the industry. In developing legislation of this type, care must be exercised to avoid discrimina- tory or penalty legislation that is not in the interest of either the strip coal companies or the public as a whole. 6. Extent to Which Flood Plain Zoning is Prac- ticable The Problem Practicality of flood plain zoning in the Ohio Basin for flood damage prevention. The Situation Pursuant to the Federal policy set forth in the 1936 Flood Control Act,13 and in accordance with the plan for flood control and related purposes for the Ohio River Basin authorized by the Flood Con- trol Acts of 1936 and 1938,14 local interests in re- cent years have sought Federal aid in flood pro- tection works at many locations in the basin. That protection generally has been requested for elim- inating flood damage in urban areas along the main stem of the Ohio River and various tributaries, although protection is also sought for agricultural lands, particularly in the Wabash River Basin. The need and expressed desire for local protective works at so many localities in the basin raises the question as to the feasibility of flood plain zoning to pre- vent further extensive flood damages by restricting vulnerable developments in areas susceptible to flooding. The primary advantage of flood plain zoning, with respect to lightly developed areas, is its low initial cost as compared to the cost of positive measures for providing flood protection. There are also possible losses, among them being those due to exclusion of more intensive uses which, even af- ter allowing for occasional damage or destruction by floods, may still yield a greater return than the most profitable use under zoning restrictions. The choice between the two methods of preventing flood damages may be determined on the basis of the relative economic advantages with due regard for the related intangible considerations. Zoning restricts future uses of the zoned property and will be most effective in relatively unsettled areas. In areas already extensively developed, zoning could be combined with a program of purchase and evacuation. There are three general applications of flood plain zoning: (1) Prohibition of encroachment upon an es- tablished floodway to insure that the design hy- M Act of June 22, 1936, § 1, 49 Stat. 1570 as amended, 33 U. S. C. 701a. 14 Act of June 22, 1936, § 5, 49 Stat. 1570; Act of June 28, 1938, § 4, 52 Stat. 1215. 693 |