[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6233 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 6233

  To amend the Surface Mining Control and Reclamation Act of 1977 to 
authorize partnerships between States and nongovernmental entities for 
   the purpose of reclaiming and restoring land and water resources 
adversely affected by coal mining activities before August 3, 1977, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 6, 2023

  Mr. LaHood introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Surface Mining Control and Reclamation Act of 1977 to 
authorize partnerships between States and nongovernmental entities for 
   the purpose of reclaiming and restoring land and water resources 
adversely affected by coal mining activities before August 3, 1977, and 
                          for other purposes.

    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 ``Community Reclamation Partnerships 
Act''.

SEC. 2. REFERENCE.

    Except as otherwise specifically provided, whenever in this Act an 
amendment is expressed in terms of an amendment to a provision, the 
reference shall be considered to be made to a provision of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).

SEC. 3. STATE MEMORANDA OF UNDERSTANDING FOR CERTAIN REMEDIATION.

    Section 405 (30 U.S.C. 1235) is amended by inserting after 
subsection (l) the following:
    ``(m) State Memoranda of Understanding for Remediation of Mine 
Drainage.--
            ``(1) In general.--A State with a State program approved 
        under subsection (d) may enter into a memorandum of 
        understanding with relevant Federal or State agencies (or both) 
        to remediate mine drainage on abandoned mine land and water 
        impacted by abandoned mines within the State. The memorandum 
        may be updated as necessary and resubmitted for approval under 
        this subsection.
            ``(2) Memoranda requirements.--Such memorandum shall 
        establish a strategy satisfactory to the State and Federal 
        agencies that are parties to the memorandum, to address water 
        pollution resulting from mine drainage at sites eligible for 
        reclamation and mine drainage abatement expenditures under 
        section 404, including specific procedures for--
                    ``(A) ensuring that activities carried out to 
                address mine drainage will result in improved water 
                quality;
                    ``(B) monitoring, sampling, and the reporting of 
                collected information as necessary to achieve the 
                condition required under subparagraph (A);
                    ``(C) operation and maintenance of treatment 
                systems as necessary to achieve the condition required 
                under subparagraph (A); and
                    ``(D) other purposes, as considered necessary by 
                the State or Federal agencies, to achieve the condition 
                required under subparagraph (A).
            ``(3) Public review and comment.--
                    ``(A) In general.--Before submitting a memorandum 
                to the Secretary and the Administrator for approval, a 
                State shall--
                            ``(i) invite interested members of the 
                        public to comment on the memorandum; and
                            ``(ii) hold at least one public meeting 
                        concerning the memorandum in a location or 
                        locations reasonably accessible to persons who 
                        may be affected by implementation of the 
                        memorandum.
                    ``(B) Notice of meeting.--The State shall publish 
                notice of each meeting not less than 15 days before the 
                date of the meeting, in local newspapers of general 
                circulation, on the Internet, and by any other means 
                considered necessary or desirable by the Secretary and 
                the Administrator.
                    ``(C) Response to public comment.--The memorandum 
                shall include responses to substantive concerns raised 
                by the public in comments and during public meetings if 
                received within 30 days of such meetings and 
                opportunity to comment.
            ``(4) Submission and approval.--The State shall submit the 
        memorandum to the Secretary and the Administrator of the 
        Environmental Protection Agency for approval. The Secretary and 
        the Administrator shall approve or disapprove the memorandum 
        within 120 days after the date of its submission if the 
        Secretary and Administrator find that the memorandum will 
        facilitate additional activities under the State Reclamation 
        Plan under subsection (e) that improve water quality.
            ``(5) Treatment as part of state plan.--A memorandum of a 
        State that is approved by the Secretary and the Administrator 
        under this subsection shall be considered part of the approved 
        abandoned mine reclamation plan of the State.
    ``(n) Community Reclaimer Partnerships.--
            ``(1) Project approval.--Within 120 days after receiving 
        such a submission, the Secretary shall approve a Community 
        Reclaimer project to remediate abandoned mine lands if the 
        Secretary finds that--
                    ``(A) the proposed project will be conducted by a 
                Community Reclaimer as defined in this subsection or 
                approved subcontractors of the Community Reclaimer;
                    ``(B) for any proposed project that remediates mine 
                drainage, the proposed project is consistent with an 
                approved State memorandum of understanding under 
                subsection (m);
                    ``(C) the proposed project will be conducted on a 
                site or sites inventoried under section 403(c);
                    ``(D) the proposed project meets all submission 
                criteria under paragraph (2);
                    ``(E) the relevant State has entered into an 
                agreement with the Community Reclaimer under which the 
                State shall assume all responsibility with respect to 
                the project for any costs or damages resulting from any 
                action or inaction on the part of the Community 
                Reclaimer in carrying out the project, except for costs 
                or damages resulting from gross negligence or 
                intentional misconduct by the Community Reclaimer, on 
                behalf of--
                            ``(i) the Community Reclaimer; and
                            ``(ii) the owner of the proposed project 
                        site, if such Community Reclaimer or owner, 
                        respectively, did not participate in any way in 
                        the creation of site conditions at the proposed 
                        project site or activities that caused any 
                        lands or waters to become eligible for 
                        reclamation or drainage abatement expenditures 
                        under section 404;
                    ``(F) the State has the necessary legal authority 
                to conduct the project and will obtain all legally 
                required authorizations, permits, licenses, and other 
                approvals to ensure completion of the project;
                    ``(G) the State has sufficient financial resources 
                to ensure completion of the project, including any 
                necessary operation and maintenance costs (including 
                costs associated with emergency actions covered by a 
                contingency plan under paragraph (2)(K)); and
                    ``(H) the proposed project is not in a category of 
                projects that would require a permit under title V.
            ``(2) Project submission.--The State shall submit a request 
        for approval to the Secretary that shall include--
                    ``(A) a description of the proposed project, 
                including any engineering plans that must bear the seal 
                of a professional engineer;
                    ``(B) a description of the proposed project site or 
                sites, including, if relevant, the nature and extent of 
                pollution resulting from mine drainage;
                    ``(C) identification of the past and current owners 
                and operators of the proposed project site;
                    ``(D) the agreement or contract between the 
                relevant State and the Community Reclaimer to carry out 
                the project;
                    ``(E) a determination that the project will 
                facilitate the activities of the State reclamation plan 
                under subsection (e);
                    ``(F) sufficient information to determine whether 
                the Community Reclaimer has the technical capability 
                and expertise to successfully conduct the proposed 
                project;
                    ``(G) a cost estimate for the project and evidence 
                that the Community Reclaimer has sufficient financial 
                resources to ensure the successful completion of the 
                proposed project (including any operation or 
                maintenance costs);
                    ``(H) a schedule for completion of the project;
                    ``(I) an agreement between the Community Reclaimer 
                and the current owner of the site governing access to 
                the site;
                    ``(J) sufficient information to ensure that the 
                Community Reclaimer meets the definition under 
                paragraph (3);
                    ``(K) a contingency plan designed to be used in 
                response to unplanned adverse events that includes 
                emergency actions, response, and notifications;
                    ``(L) detailed plans for any proposed recycling or 
                reprocessing of historic mine residue to be conducted 
                by the Community Reclaimer (including a description of 
                how all proposed recycling or reprocessing activities 
                contribute to the remediation of the abandoned mine 
                site); and
                    ``(M) a requirement that the State provide notice 
                to adjacent and downstream landowners and the public 
                and hold a public meeting near the proposed project 
                site before the project is initiated.
            ``(3) Reprocessing of materials.--A Community Reclaimer may 
        reprocess materials recovered during the implementation of a 
        remediation plan only if--
                    ``(A) the applicable land management agency has 
                signed a decision document approving reprocessing as 
                part of the approved abandoned mine reclamation plan of 
                the State;
                    ``(B) the proceeds from the sale or use of the 
                materials are used--
                            ``(i) to defray the costs of the 
                        remediation; and
                            ``(ii) to reimburse the Administrator or 
                        the head of a Federal land management agency 
                        for the purpose of carrying out this Act; and
                    ``(C) the materials only include historic mine 
                residue.
            ``(4) Community reclaimer defined.--For purposes of this 
        section, the term `Community Reclaimer' means any person who--
                    ``(A) seeks to voluntarily assist a State with a 
                reclamation project under this section, which may 
                include companies that currently hold reclamation 
                liability elsewhere from the proposed site or active 
                mine sites that require a performance bond;
                    ``(B) did not participate in any way in the 
                creation of site conditions at the proposed project 
                site or activities that caused any lands or waters at 
                the proposed project site to become eligible for 
                reclamation or drainage abatement expenditures under 
                section 404; and
                    ``(C) is not subject to outstanding violations 
                listed pursuant to section 510(c).''.

SEC. 4. CLARIFYING STATE LIABILITY FOR MINE DRAINAGE PROJECTS.

    Section 413(d) (30 U.S.C. 1242(d)) is amended by inserting ``unless 
such control or treatment will be conducted in accordance with a State 
memorandum of understanding approved under section 405(m) of this Act'' 
after ``under the Federal Water Pollution Control Act''.

SEC. 5. CONFORMING AMENDMENTS.

    Section 405(f) (30 U.S.C. 1235(f)) is amended--
            (1) by striking the ``and'' after the semicolon in 
        paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by inserting at the end the following:
            ``(8) a list of projects proposed under subsection (n).''.

SEC. 6. SUNSET PROVISION.

    This Act shall be in effect until September 30, 2030.
                                 <all>