[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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