[Congressional Record Volume 170, Number 60 (Tuesday, April 9, 2024)]
[House]
[Pages H2189-H2191]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1700
COMMUNITY RECLAMATION PARTNERSHIPS ACT
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6233
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;
[[Page H2190]]
``(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from New Mexico (Ms. Leger
Fernandez) each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on H.R. 6233, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 6233, the Community
Reclamation Partnerships Act.
H.R. 6233, introduced by Congressman LaHood, would allow States to
partner with nongovernmental entities to reclaim and restore land and
water resources from abandoned mines.
There are still thousands of abandoned mines in the U.S., deserted
before modern regulations required mine owners and operators to adhere
to strict environmental standards and implement holistic land
restoration when operations cease. Many of these sites pose health
risks, safety hazards, and environmental concerns for their surrounding
communities.
While fees collected from current mining operations combined with
Federal dollars fund States' abandoned mine cleanup efforts, third-
party nongovernmental organizations, or NGOs, have volunteered their
resources to assist in abandoned mine restoration.
However, should a site deteriorate in the future after an NGO has
implemented restoration efforts, that NGO could be liable for the site.
H.R. 6233 aims to shield third-party nongovernmental organizations from
frivolous litigation.
The Community Reclamation Partnerships Act will expedite abandoned
mine reclamation efforts and improve environmental hazards, all without
using taxpayer funds.
Mr. Speaker, I urge my colleagues to join me in support of H.R. 6233,
and I reserve the balance of my time.
Ms. LEGER FERNANDEZ. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 6233, the Community
Reclamation Partnerships Act.
Two centuries of coal mining occurred in the United States before the
industry was federally regulated in any meaningful way, including in
New Mexico where we have many abandoned wells which litter the
countryside.
Before 1977, when the Surface Mining Control and Reclamation Act was
passed, coal mining was done with little regard for the environment and
absolutely minimal reclamation requirements. This history has left us
with a massive number of abandoned coal mines across the country that
create environmental and public health hazards.
Fortunately, last Congress, Democrats championed and passed over $11
billion to clean up abandoned coal mines. These funds are already being
deployed to clean up hazardous sites and to create good jobs.
Even with this massive investment, however, there is much work ahead
of us before we solve the abandoned coal mine problem for good though.
That is where the Community Reclamation Partnerships Act fits in.
This bill would provide third-party groups, like environmental or
wildlife organizations, with the ability to use their own funds to
clean up streams and watersheds affected by abandoned coal mines,
without assuming unnecessary liability.
I am very thankful for these organizations. Many of them are
recognizing the fact that these streams are essential in order to have
pristine fishing conditions and other benefits to their surrounding
areas.
Under current law, these third parties are required to take on full
liability if they want to engage in cleanup projects. These groups
often don't have the funds or technical ability to cover cleanup all
the way to full remediation. That shouldn't mean they should be stopped
from making partial but substantial improvements to the environment for
their communities. We can use all the help we can get.
Therefore, this legislation would create ``Good Samaritan''
protections to allow these third-party groups to enter into memorandums
of understanding with the State and EPA, with public feedback, to clean
up a site without holding the community reclaimer to full liability.
This community reclamation program is only part of the solution to
abandoned coal mine lands, but it is a step in the right direction to
clean up this legacy pollution.
I am grateful for the bipartisan work on this legislation, and I am
glad to see it on the floor today.
Mr. Speaker, I urge support for the bill, and I reserve the balance
of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 3 minutes to the gentleman from
Illinois (Mr. LaHood), the author of the legislation,
Mr. LaHOOD. Mr. Speaker, I want to acknowledge Chairman Westerman for
his leadership on the Committee on Natural Resources. I am honored to
be here today.
I rise today, Mr. Speaker, in strong support of my bill, H.R. 6233,
the Community Reclamation Partnerships Act. This legislation, which
previously passed the House in the 115th Congress, will help address
the complex legal and funding-related challenges for abandoned mines
that we have across Illinois and 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
[[Page H2191]]
abandoned mine sites and facilitate acid mine drainage cleanup across
the country.
Nongovernmental entities, such as Trout Unlimited, have recognized
the need for reclamation in coal communities and are willing to
contribute their resources and expertise to address this problem.
Unfortunately, liability and regulatory concerns have discouraged
them from partnering with the States on reclamation projects. This
legislation enables NGO participation in State reclamation programs by
minimizing undeserved liability and codifying proven practices
established by 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, for instance, 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.
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 the reclamation of approximately $4 billion of
abandoned mine land liabilities. However, according to the Department
of the Interior and EPA, the estimated remediation costs exceeds $15
billion. The cost of reclaiming these sites will continue to strain
State resources in the coming decades, and the condition 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 their community in a responsible way.
H.R. 6233 brings more resources to bear on this considerable
challenge. I urge adoption of this bill.
Ms. LEGER FERNANDEZ. Mr. Speaker, I yield myself the balance of my
time for closing.
As noted earlier, I stand in support of this legislation and the
efforts that will be made under it to have cleanup occur on these coal
mines, especially, as noted, Trout Unlimited is so willing to work with
local communities. They do great work in New Mexico, and we need to
encourage organizations to do that. I thank the sponsor of the bill for
working with Trout Unlimited.
Mr. Speaker, I urge my colleagues to support this legislation, and I
yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield myself the balance of my time for
closing.
I urge my colleagues to support H.R. 6233. This commonsense
legislation streamlines abandoned mine recovery efforts and provides an
alternative pathway to abandoned mine restoration without the use of
government funds or the imposition of additional fees on an industry
that is operating today with the highest environmental standards.
Further, this bill has bipartisan support and passed unanimously out
of the Committee on Natural Resources in December of 2023. As Mr.
LaHood mentioned, it previously passed out of committee in the 116th
and 117th Congress and was passed by the House in the 115th Congress.
I urge my colleagues to come together again today to support smart,
efficient legislation that is good for the taxpayers' bottom line, the
environment, our States, and our communities.
I thank Congressman LaHood for his work to bring H.R. 6233 to the
floor, and I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Bentz). The question is on the motion
offered by the gentleman from Arkansas (Mr. Westerman) that the House
suspend the rules and pass the bill, H.R. 6233.
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.
____________________