[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1003 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1003

  To amend the Surface Mining Control and Reclamation Act of 1977 to 
  limit the liability of a State performing reclamation work under an 
            approved State abandoned mine reclamation plan.


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                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2011

  Mr. Tester introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Surface Mining Control and Reclamation Act of 1977 to 
  limit the liability of a State performing reclamation work under an 
            approved State abandoned mine reclamation plan.

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

SECTION 1. STATE LIABILITY UNDER A RECLAMATION PROGRAM.

    Section 405(l) of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1235(l)) is amended by striking subsection (l) and 
inserting the following:
    ``(l) State Liability.--
            ``(1) Definition of gross negligence.--In this subsection, 
        the term `gross negligence' means reckless, willful, or wanton 
        misconduct by a State.
            ``(2) Liability.--No State shall be liable under any 
        provision of Federal law for any costs or damages incurred as a 
        result of action taken or omitted in the course of carrying out 
        a State abandoned mine reclamation plan under this section, 
        including reclamation activities conducted by a State pursuant 
        to a State abandoned mine reclamation plan approved under this 
        section.
            ``(3) Exceptions.--This subsection shall not preclude 
        liability for any costs or damages incurred as a result of 
        gross negligence or intentional misconduct by the State.''.
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