[House Report 117-293]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      117-293

======================================================================



 
                 COMMUNITY RECLAMATION PARTNERSHIPS ACT

                                _______
                                

 April 25, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1146]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1146) 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, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1146 is 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.

                  Background and Need for Legislation

    The Surface Mining Control and Reclamation Act of 1977\1\ 
(SMCRA) established a system for reclaiming Abandoned Mine 
Lands (AML) using fees paid by current coal mining 
companies.\2\ The Office of Surface Mining Reclamation and 
Enforcement (OSMRE) within the Department of the Interior 
manages the AML Reclamation Program.\3\
---------------------------------------------------------------------------
    \1\ Pub. L. No. 95-87, 91 Stat. 445 (1977), https://
uscode.house.gov/statviewer.htm?volume= 91&page=445 (codified as 
amended at various, see http://uscode.house.gov/table3/95_87.htm) 
(statutory compilation as amended through P.L. 117-58 at https://
www.govinfo.gov/content/pkg/COMPS 1574/pdf/COMPS 1574.pdf).
    \2\Pub. L. No. 95-87, tit. IV, 91 Stat. at 456-67 (codified as 
amended at 30 U.S.C. Sec. Sec. 1231-45).
    \3\ Additional information available at Abandoned Mine Land 
Reclamation Program, U.S. Dep't of the Interior Nat. Res. Revenue Data, 
https://revenuedata.doi.gov/how-it-works/aml-reclamation-program/
#abandoned-mine-land-areas (last visited Apr. 7, 2022).
---------------------------------------------------------------------------
    To qualify as an AML, a site must have been affected by 
coal mining activities and abandoned prior to August 3, 1977, 
and there must be no party responsible for the reclamation of 
the land under state or federal laws. OSMRE, states, and tribes 
become responsible for reclaiming these abandoned coal mines, 
which, until properly reclaimed, often present serious risks to 
public health and safety and serve as environmental and 
economic burdens for states and communities.
    Despite significant progress on AML cleanup since the 
passage of SMCRA, OSMRE estimates that there are still more 
than $11.3 billion in unfunded cleanup costs. This figure is 
likely a significant underestimate due to inflation and the 
continued discovery of new AML hazards.
    H.R. 3684, the Infrastructure Investment and Jobs Act\4\ 
(sometimes called the Bipartisan Infrastructure Framework or 
``BIF'' or the Bipartisan InfrastructureLaw or ``BIL''), signed 
into law on November 15, 2021, reauthorized the AML program for 
13 years, lowered the AML fees by twenty percent, and 
appropriated an additional $11.3 billion for abandoned coal 
mine land cleanup activities.\5\
---------------------------------------------------------------------------
    \4\Pub. L. No. 117-58, 135 Stat. 429 (2021), https://
uscode.house.gov/statviewer.htm?volume= 135&page=429.
    \5\Pub. L. No. 117-58, div. D, tit. VII, 135 Stat. at 1091-94, 
https://uscode.house.gov/statviewer. htm?volume=135&page=1091.
---------------------------------------------------------------------------
    Still, third parties, such as environmental or wildlife 
organizations, have expressed a willingness to spend their own 
money to supplement AML funding and more quickly clean up 
streams and watersheds affected by abandoned coal mine sites. 
These groups are often referred to as ``Good Samaritans'' or, 
in the context of H.R. 1146, ``Community Reclaimers,'' and they 
successfully speed up environmental restoration efforts in 
certain circumstances.
    Due to potential liability under the Clean Water Act (CWA), 
third parties often hesitate to engage in water cleanup 
projects for two main reasons. First, they rarely have the 
funds to cover the perpetual bonding and liability costs 
required for water treatment and CWA permit compliance. Second, 
it is nearly impossible for them to obtain permits since they 
are unlikely to be able to treat mine wastewater to levels 
compliant with CWA standards. As a result, private funds that 
could be used to improve the environment are being left on the 
sidelines.
    H.R. 1146 would amend SMCRA to allow states with approved 
coal AML programs to partner with third parties and provide a 
liability shield to those who wish to fund all or part of the 
cost of addressing existing sites on a state's AML inventory. 
States would enter a Memorandum of Understanding with the 
Environmental Protection Agency (EPA) to set up a Community 
Reclaimers program. Projects carried out under that program 
that meet the requirements laid out in H.R. 1146 would be 
partially shielded from liability under environmental laws.

                            Committee Action

    H.R. 1146 was introduced on February 18, 2021, by 
Representative Darin LaHood (R-IL). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Energy and Mineral Resources. 
On March 18, 2021, the Subcommittee held a hearing on the bill. 
On May 26, 2021, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. No amendments were offered, and the bill was adopted 
and ordered favorably reported to the House of Representatives 
by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House Rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Energy and Mineral Resources 
held on March 18, 2021.

                      Section-by-Section Analysis


Sec. 1. Short title

    Section 1 provides the short title of the bill: the 
``Community Reclamation Partnerships Act.''

Sec. 2. Reference

    Section 2 clarifies that all references in the bill are to 
be made to SMCRA unless otherwise noted.

Sec. 3. State Memoranda of Understanding for certain remediation

    Section 3 amends SMCRA by adding subsections (m) and (n) to 
section 405 of that Act. Subsection (m), ``State Memoranda of 
Understanding for Remediation of Mine Drainage,'' clarifies 
that states may enter a Memorandum of Understanding agreements 
with relevant federal or state agencies to remediate mine 
drainage on abandoned mine lands.
    These agreements must include specific procedures for 
ensuring that activities carried out under the agreement will 
result in improved water quality, monitoring of water quality 
to ensure that it has been improved, and the operation and 
maintenance of water treatment systems.
    States are required to give the public an opportunity to 
comment on any proposed agreement and must hold at least one 
public meeting concerning the agreement with at least 15 days' 
notice. Agreements must be approved by the Secretary of the 
Interior and the Administrator of the Environmental Protection 
Agency. Once approved, the agreement becomes part of the 
state's approved AML reclamation plan under SMCRA.
    Subsection (n), ``Community Reclaimer Partnerships,'' 
describes the Community Reclaimer project submission and 
approval process, as well as the definition of a Community 
Reclaimer.
    This subsection provides for the establishment of Community 
Reclaimer Partnerships that allow eligible Community Reclaimers 
to participate in AML cleanup projects. This subsection also 
provides partial liability shielding to Community Reclaimers by 
enabling states to formally assume liability on their behalf 
under the existing SMCRA liability model.
    Subsection (n) authorizes the Secretary of the Interior to 
approve a Community Reclaimer Partnership if: (1) the proposed 
project will be conducted by eligible Community Reclaimers and/
or approved contractors; (2) any abandoned mine drainage 
remediation involved will be consistent with the state's 
approved agreement under SMCRA Section 405(m); (3) the project 
will reclaim a Priority 1, 2, or 3 abandoned mine site; (4) the 
project meets all of the submission criteria required for the 
project applications; (5) the state has assumed responsibility 
for the project on behalf of the Community Reclaimer and the 
landowner except in cases of gross negligence or intentional 
misconduct; (6) the state has the necessary legal authority and 
financial resources to ensure completion of the project; and 
(7) the project would not require a coal mining permit under 
title V of SMCRA.
    Paragraph (2) of subsection (n) lists what must be 
submitted to the Secretary for a project to be approved. 
Paragraph (3) defines ``Community Reclaimer'' as an entity that 
seeks to voluntarily assist a state with a reclamation project, 
has not cause any lands to become eligible for reclamation 
under Section 404 of SMCRA, is not a past or current owner of 
abandoned mine sites or another site with ongoing reclamation 
obligations, and does not have any outstanding violations under 
SMCRA.

Sec. 4. Clarifying State liability for mine drainage projects

    Section 4 recognizes approved agreements as appropriate 
standards at acid mine drainage (AMD) treatment sites in lieu 
of CWA requirements, if a state has an approved agreement in 
place under SMCRA section 405(m) that will ensure the 
improvement of water quality at impacted sites.

Sec. 5. Conforming amendments

    Section 5 requires states to include a list of proposed 
Community Reclaimer Partnership projects in their annual 
applications to the Secretary requesting support for their 
respective State Reclamation Programs.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

           Compliance with House Rule XIII and Congressional
                               Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 2, 2022.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1146, the 
Community Reclamation Partnerships Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 1146 would authorize states with abandoned mine 
reclamation plans approved by the Office of Surface Mining 
Reclamation and Enforcement to enter into agreements with the 
federal government aimed at reducing water pollution caused by 
abandoned mines. The bill also would allow individuals or 
groups to participate in abandoned mine cleanup projects if 
states assume liability on behalf of those entities. Under the 
bill, states and other parties conducting water treatments 
under those agreements would not be required to meet water 
quality standards under the Clean Water Act.
    For this estimate, CBO assumes that the legislation will be 
enacted late in fiscal year 2022. Based on the costs of similar 
activities, CBO expects that the federal government would need 
two additional employees at an average annual cost of $140,000 
each to manage the agreements and approve projects. On that 
basis, CBO estimates that implementing H.R. 1146 would cost 
about $1 million over the 2022-2026 period; such spending would 
be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are 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.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to CBO, this bill contains no unfunded mandates 
as defined by the Unfunded Mandates Reform Act.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

           SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977




           *       *       *       *       *       *       *
TITLE IV--ABANDONED MINE RECLAMATION

           *       *       *       *       *       *       *



                       state reclamation programs

  Sec. 405. (a) Not later than the end of the one hundred and 
eighty-day period immediately following the date of enactment 
of this Act, the Secretary shall promulgate and publish in the 
Federal Register regulations covering implementation of an 
abandoned mine reclamation program incorporating the provisions 
of title IV and establishing procedures and requirements for 
preparation, submission, and approval of State programs 
consisting of the plan and annual submissions of projects.
  (b) Each State having within its borders coal mined lands 
eligible for reclamation under this title, may submit to the 
Secretary a State Reclamation Plan and annual projects to carry 
out the purposes of this title.
  (c) The Secretary shall not approve, fund, or continue to 
fund a State abandoned mine reclamation program unless that 
State has an approved State regulatory program pursuant to 
section 503 of this Act.
  (d) If the Secretary determines that State has developed and 
submitted a program for reclamation of abandoned mines and has 
the ability and necessary State legislation to implement the 
provisions of this title, sections 402 and 410 excepted, the 
Secretary shall approve such State program and shall grant to 
the State exclusive responsibility and authority to implement 
the provisions of the approved program: Provided, That the 
Secretary shall withdraw such approval and authorization if he 
determines upon the basis of information provided under this 
section that the State program is not in compliance with the 
procedures, guidelines, and requirements established under 
subsection 405(a).
  (e) Each State Reclamation Plan shall generally identify the 
areas to be reclaimed, the purposes for which the reclamation 
is proposed, the relationship of the lands to be reclaimed and 
the proposed reclamation to surrounding areas, the specific 
criteria for ranking and identifying projects to be funded, and 
the legal authority and programmatic capability to perform such 
work in conformance with the provisions of this title.
  (f) On an annual basis, each State having an approved State 
Reclamation Plan may submit to the Secretary an application for 
the support of the State program and implementation of specific 
reclamation projects. Such annual requests shall include such 
information as may be requested by the Secretary including:
          (1) a general description of each proposed project;
          (2) a priority evaluation of each proposed project;
          (3) a statement of the estimated benefits in such 
        terms as: number of acres restored, miles of stream 
        improved, acres of surface lands protected from 
        subsidence, population protected from subsidence, air 
        pollution, hazards of mine and coal refuse disposal 
        area fires;
          (4) an estimate of the cost for each proposed 
        project;
          (5) in the case of proposed research and 
        demonstration projects, a description of the specific 
        techniques to be evaluated or objective to be attained;
          (6) an identification of lands or interest therein to 
        be acquired and the estimated cost; [and]
          (7) in each year after the first in which a plan is 
        filed under this title, an inventory of each project 
        funded under the previous year's grant: which inventory 
        shall include details of financial expenditures on such 
        project together with a brief description of each such 
        project, including project locations, landowner's name, 
        acreage, type of reclamation performed[.]; and
          (8) a list of projects proposed under subsection (n).
  (g) The costs for each proposed project under this section 
shall include; actual construction costs, actual operation and 
maintenance costs of permanent facilities, planning and 
engineering costs, construction inspection costs, and other 
necessary administrative expenses.
  (h) Upon approval of State Reclamation Plan by the Secretary 
and of the surface mine regulatory program pursuant to section 
503, the Secretary shall grant, on an annual basis, funds to be 
expended in such State pursuant to subsection 402(g) and which 
are necessary to implement the State reclamation program as 
approved by the Secretary.
  (i) The Secretary, through his designated agents, will 
monitor the progress and quality of the program. The States 
shall not be required at the start of any project to submit 
complete copies of plans and specifications.
  (j) The Secretary shall require annual and other reports as 
may be necessary to be submitted by each State administering 
the approved State reclamation program with funds provided 
under this title. Such reports shall include that information 
which the Secretary deems necessary to fulfill his 
responsibilities under this title.
  (k) Indian tribes having within their jurisdiction eligible 
lands pursuant to section 404 or from which coal is produced, 
shall be considered as a ``State'' for the purposes of this 
title except for purposes of subsection (c) of this section 
with respect to the Navajo, Hopi and Crow Indian Tribes
  (l) No State shall be liable under any provision of Federal 
law for any costs or damages as a result of action taken or 
omitted in the course of carrying out a State abandoned mine 
reclamation plan approved under this section. This subsection 
shall not preclude liability for cost or damages as a result of 
gross negligence or intentional misconduct by the State. For 
purposes of the preceding sentence, reckless, willful, or 
wanton misconduct shall constitute gross negligence.
  (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).

           *       *       *       *       *       *       *


                          miscellaneous powers

  Sec. 413. (a) The Secretary or the State pursuant to an 
approved State program, shall have the power and authority, if 
not granted it otherwise, to engage in any work and to do all 
things necessary or expedient, including promulgation of rules 
and regulations, to implement and administer the provisions of 
this title.
  (b) The Secretary or the State pursuant to an approved State 
program, shall have the power and authority to engage in 
cooperative projects under this title with any other agency of 
the United States of America, any State and their governmental 
agencies.
  (c) The Secretary or the State pursuant to an approved State 
program, may request the Attorney General, who is hereby 
authorized to initiate, in addition to any other remedies 
provided for in this title, in any court of competent 
jurisdiction, an action in equity for an injunction to restrain 
any interference with the exercise of the right to enter or to 
conduct any work provided in this title.
  (d) The Secretary or the State pursuant to an approved State 
program, shall have the power and authority to construct and 
operate a plant or plants for the control and treatment of 
water pollution resulting from mine drainage. The extent of 
this control and treatment may be dependent upon the ultimate 
use of the water: Provided, That the above provisions of this 
paragraph shall not be deemed in any way to repeal or supersede 
any portion of the Federal Water Pollution Control Act (33 
U.S.C.A. 1151, et seq. as amended) and no control or treatment 
under this subsection shall in any way be less than that 
required under the Federal Water Pollution Control Act unless 
such control or treatment will be conducted in accordance with 
a State memorandum of understanding approved under section 
405(m) of this Act. The construction of a plant or plants may 
include major interceptors and other facilities appurtenant to 
the plant.
  (e) The Secretary may transfer funds to other appropriate 
Federal agencies, in order to carry out the reclamation 
activities authorized by this title.

           *       *       *       *       *       *       *


        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]