[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2753 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2753

 To authorize the Secretary of the Army to carry out a program for the 
                  restoration of abandoned mine sites.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1999

 Mr. Gibbons introduced the following bill; which was referred to the 
      Committee on Resources, and in addition to the Committee on 
  Transportation and Infrastructure, and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of the Army to carry out a program for the 
                  restoration of abandoned mine sites.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Abandoned Mine Restoration Act of 
1999''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Non-federal entities.--The term ``non-Federal 
        entities'' includes nonprofit and private entities.
            (2) Program.--The term ``program'' means the program 
        authorized under section 3(a).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.

SEC. 3. RESTORATION OF ABANDONED MINE SITES PROGRAM.

    (a) In General.--Subject to the requirements of this section, the 
Secretary may carry out a program to assist stewards of lands owned by 
the United States and non-Federal entities to address environmental and 
water quality problems caused by drainage and related activities from 
abandoned, inactive, and post-production noncoal mines. The program 
shall be managed by the head of the Sacramento District Office of the 
Corps of Engineers.
    (b) Consultation.--The Secretary shall coordinate actions taken 
under the program with appropriate Federal, State, and local agencies. 
Any project conducted under the program on lands owned by the United 
States shall be undertaken in consultation with the head of the Federal 
entity with administrative jurisdiction over the lands.
    (c) Assistance.--
            (1) Types of assistance.--In carrying out the program, the 
        Secretary may provide technical, planning, design, restoration, 
        remediation, and construction assistance to Federal and non-
        Federal entities for the purpose of carrying out projects to 
        address problems described in subsection (a).
            (2) Requirement for assistance.--The Secretary may only 
        provide assistance for a project under the program, if the 
        Secretary determines that the project--
                    (A) will improve the quality of the environment and 
                is in the public interest; and
                    (B) is cost-effective.
    (d) Specific Measures.--Assistance may be provided under the 
program in support of a Federal or non-Federal project for the 
following purposes:
            (1) Response, control, and remediation of hazardous, toxic, 
        and radioactive waste and improvement of the quality of the 
        environment associated with an abandoned, inactive, or post-
        production noncoal mine, if the Secretary finds that such 
        activities are integral to carrying out the environmental 
        restoration project.
            (2) Restoration and protection of streams, rivers, 
        wetlands, and other waterbodies and all ecosystems degraded, or 
        with the potential to become degraded, by drainage from an 
        abandoned, inactive, or post-production noncoal mine.
            (3) Demonstration of treatment technologies, including 
        innovative and alternative technologies, to minimize or 
        eliminate adverse environmental effects associated with an 
        abandoned, inactive, or post-production noncoal mine.
            (4) Demonstration of management practices to address 
        environmental effects associated with an abandoned, inactive, 
        or post-production noncoal mine.
            (5) Remediation and restoration of an abandoned, inactive, 
        or post-production noncoal mine site for public health or 
        safety purposes.
            (6) Expedite the closure, remediation, or restoration of an 
        abandoned, inactive, or post-production noncoal mine to 
        minimize adverse impacts to the environment.
    (e) Cost-Sharing.--
            (1) In general.--Except as provided by paragraph (2), the 
        Federal share of the cost of a project carried out under the 
        program shall be 65 percent of such cost.
            (2) Projects on federal lands.--With respect to projects 
        carried out under the program on Federal lands, the Federal 
        share of the cost of the project shall be 100 percent of such 
        cost.
    (f) Credits.--For purposes of subsection (e), a non-Federal entity 
shall receive credit toward the non-Federal share of the cost of a 
project--
            (1) for all lands, easements, rights-of-way, and 
        relocations, but not to exceed 25 percent of total project 
        cost;
            (2) for design and construction services and other in-kind 
        work;
            (3) for grants and the value, as determined by the 
        Secretary, of work performed on behalf of the non-Federal 
        entity by State and local agencies; and
            (4) for such costs as are incurred by the non-Federal 
        entity in carrying out studies and any preconstruction, 
        engineering, or design activities required for any construction 
        to be conducted under the project, if the Secretary determines 
        that such activities are integral to the project.
    (g) Grants and Reimbursements.--
            (1) Grants.--The Federal share of the cost of a project 
        under the program may be provided in the form of grants to the 
        non-Federal entity or direct reimbursements to the non-Federal 
        entity of project costs.
            (2) Reimbursements.--Subject to the availability of 
        appropriations, the Secretary may reimburse a non-Federal 
        interest an amount equal to the estimate of the Federal share, 
        without interest, of the cost of any work (including work 
        associated with studies, planning, design, and construction) 
        carried out by the non-Federal entity otherwise made eligible 
        for non-Federal assistance under this section.
            (3) Reimbursements for construction work.--Reimbursements 
        for construction work by a non-Federal entity as part of a 
        project under the program may be made only--
                    (A) if, before initiation of construction of the 
                project, the Secretary approves the plans for 
                construction of the project by the non-Federal entity;
                    (B) if the Secretary finds, after a review of 
                studies and design documents prepared pursuant to this 
                section, that construction of the project meets the 
                requirements in subsection (d); and
                    (C) if the Secretary determines that the work for 
                which reimbursement is requested has been performed in 
                accordance with applicable permits and approved plans.
    (h) Operation and Maintenance.--The non-Federal share of operation 
and maintenance costs for a project carried out under the program shall 
be 100 percent, except that, in the case of a project undertaken on 
Federal lands, the Federal agency with management responsibility for 
the lands shall be responsible for all operation and maintenance costs.
    (i) Effect on Authority of Secretary of the Interior.--Nothing in 
this section shall affect the authority of the Secretary of the 
Interior under the Mining Law of 1872 or title IV of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).
    (j) Cost Limitation.--Not more than $10,000,000 of the amounts 
appropriated to carry out this section may be allotted for projects in 
a single locality, but the Secretary may accept funds voluntarily 
contributed by the non-Federal or Federal entity for the purpose of 
expanding the scope of the services requested by the non-Federal or 
Federal entity.
    (k) Limitation on Actions.--Notwithstanding any other provision of 
law, the Secretary or any State or political subdivision (including any 
local district) which has implemented or will implement any remedial 
action which is consistent with a State and Environmental Protection 
Agency approved remediation plan, and any State approved modification 
thereof, at an abandoned mine site and adjacent lands to provide water 
quality protection, shall not be treated, based on actions taken 
consistent with the plan, to be--
            (1) the owner or operator of the site, or arranger or 
        transporter for disposal;
            (2) responsible for any discharge or release of pollutants, 
        contaminants, or hazardous substances on or from the abandoned 
        mine site or adjacent lands, including discharges or releases 
        which have been affected by the activities of the remedial 
        action; or
            (3) subject to any enforcement action pursuant to Federal 
        law, except for violations involving gross negligence.
In this subsection, the term ``gross negligence'' means reckless, 
willful, or wanton misconduct.
    (l) Western Universities Mine-Land Reclamation and Restoration 
Consortium.--The Secretary may provide assistance to the Western 
Universities Mine-Land Reclamation and Restoration Consortium, which 
includes the University of Nevada, the New Mexico Institute of Mining 
and Technology, the University of Idaho, and the University of Alaska, 
for the purposes of carrying out the purposes of the program.
    (m) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $45,000,000 for fiscal years 
beginning after September 30, 1999.
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