[Congressional Record Volume 163, Number 157 (Monday, October 2, 2017)]
[House]
[Pages H7645-H7646]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMUNITY RECLAMATION PARTNERSHIPS ACT
Mr. THOMPSON of Pennsylvania. Mr. Speaker, I move to suspend the
rules and pass the bill (H.R. 2937) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2937
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.
(a) Memoranda Authorized.--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.
``(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; and
``(L) 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) 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;
``(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 to become eligible for
reclamation or drainage abatement expenditures under section
404;
``(C) is not a past or current owner or operator of any
site with ongoing reclamation obligations; and
``(D) 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 in the second
sentence 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 ``Control Act'' the second place it appears.
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).''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Thompson) and the gentleman from Virginia (Mr.
McEachin) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. THOMPSON of Pennsylvania. Mr. Speaker, I ask unanimous consent
that all Members may have 5
[[Page H7646]]
legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. THOMPSON of Pennsylvania. I yield myself such time as I may
consume.
Mr. Speaker, I thank leadership for allowing H.R. 2937 to come to the
floor. This legislation, introduced by my friend from Illinois (Mr.
LaHood), will help address the challenge of abandoned coal mines
present in many affected communities across the Nation.
The Community Reclamation Partnerships Act enables States to partner
with Good Samaritan entities to reclaim abandoned mine sites and
facilitate acid mine drainage cleanup. H.R. 2937 creates more
opportunities to address this challenge.
Mr. Speaker, representing the Pennsylvania Fifth Congressional
District, just to note, my congressional district has more abandoned
mine sites than any congressional district in the country, so I am very
grateful for the leadership that Mr. LaHood has shown in bringing H.R.
2937 forward.
Mr. Speaker, I urge adoption of this measure, and I reserve the
balance of my time.
Mr. McEACHIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 2937, introduced by Representative LaHood, is a
step forward for communities looking to address abandoned coal mines in
their backyards by partnering with Good Samaritans seeking to help.
The Commonwealth of Virginia, my home State, estimates that it will
need over $400 million to clean up all of its remaining abandoned coal
mines and, while this bill is no substitute for a long-term
reauthorization of the Abandoned Mine Land fund, every little bit
helps.
Each project funded by a Good Samaritan through this bill will help
one more community make their economy stronger and their environment
healthier.
A hearing on a discussion draft of this bill brought a number of
problematic issues to light, but I greatly appreciate the willingness
of the bill's sponsor and the majority staff of the Natural Resources
Committee to reach across the aisle and work with us on a bipartisan
agreement that was able to achieve unanimous consent in the Natural
Resources Committee.
I thank the sponsor for his diligent and collaborative work on this
bill, and I ask my colleagues to support H.R. 2937.
Mr. Speaker, I reserve the balance of my time.
Mr. THOMPSON of Pennsylvania. Mr. Speaker, I yield such time as he
may consume to the gentleman from Illinois (Mr. LaHood).
Mr. LaHOOD. Mr. Speaker, I want to thank Chairman Thompson and the
ranking member for helping to bring this bill, in a bipartisan way, to
the floor. I appreciate your support on H.R. 2937.
This legislation will help address the complex legal and funding-
related challenges for abandoned mine lands across the Nation.
The Community Reclamation Partnerships Act amends the Surface Mining
Control and Reclamation Act of 1977 to enable States to partner with
nongovernmental entities to reclaim abandoned mine sites and facilitate
acid mine drainage cleanup across the country.
Nongovernmental entities, like Trout Unlimited, have recognized the
need for reclamation in coal communities and are willing to contribute
their resources and expertise to address the problem. Unfortunately,
liability and regulatory concerns have discouraged them from
participating and partnering with the States on reclamation projects.
This legislation enables nongovernmental entities' participation in
State reclamation programs by minimizing undeserved liability and
codifying proven practices established by the State reclamation
agencies.
This legislation also addresses a frequent problem that States
experience in addressing water pollution at abandoned mine land sites.
States must choose between risking noncompliance under the Clean Water
Act or foregoing acid mine drainage abatement projects altogether. Some
States, like Pennsylvania, have successfully addressed this problem by
establishing their own guidelines for the treatment of water pollution
at abandoned mine land sites. These State-specific strategies have
resulted in successful water treatment projects and a significant
reduction in acid mine drainage in several States. We want to replicate
that across the country with this legislation.
Currently, State reclamation activities have been funded solely by
fees levied on the coal industry over the past four decades. These fees
have resulted in reclamation of approximately $4 billion of abandoned
mine land liabilities. However, according to the Department of the
Interior, the estimated remediation costs exceeds $10 billion across
the country.
The outstanding abandoned mine land liabilities in Illinois, my home
State, is $156 million; and in my district, the 18th Congressional
District, it is $17 million. The cost of reclaiming these sites will
continue to strain State resources in the coming decades, and the
conditions of these sites will only worsen over time.
In short, this bill empowers State and local community leaders who
want to assist in abandoned mine cleanup efforts so that future
development can occur in these areas. No group should be punished for
wanting to help out their local community in a responsible way.
Mr. Speaker, H.R. 2937 brings more resources to bear on this
considerable challenge, and I urge adoption of this bipartisan measure.
Mr. McEACHIN. Mr. Speaker, I yield back the balance of my time.
Mr. THOMPSON of Pennsylvania. Mr. Speaker, I would just ask my
colleagues to support this piece of legislation. I am very appreciative
to the author of this bill for his leadership. Having a congressional
district that has significant presence of abandoned mine lands, I know
that the authorities and the protections he is seeking here will be
good for all, for the communities, for the environment, and for the
economy.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Thompson) that the House suspend the
rules and pass the bill, H.R. 2937.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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