II 112th CONGRESS 1st Session S. 1003 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.

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. .