[House Report 118-438]
[From the U.S. Government Publishing Office]


118th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      118-438

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



 
                 COMMUNITY RECLAMATION PARTNERSHIPS ACT

                                _______
                                

 April 5, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 6233]

      [Including cost estimate of the Congressional Budget Office]

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

                       Purpose of the Legislation

    The purpose of H.R. 6233 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, and 
for other purposes.

                  Background and Need for Legislation

    Thousands of inactive coal mines, abandoned before the era 
of modern regulation, exist across the country.\1\ Many of 
these sites pose health and safety risks or environmental 
hazards, burdening landowners and inhibiting opportunities for 
economic development. The states are responsible for reclaiming 
abandoned mine sites and state abandoned mine land (AML) 
programs undertake numerous cleanup projects yearly. These 
projects are funded by annual state grants from the AML Fund, 
overseen by the Office of Surface Mining, Reclamation and 
Enforcement.\2\ The revenue stream for these grants comes from 
a fee assessed on current coal production. Additionally, $11.3 
billion was provided to assist in AML remediation through the 
Infrastructure Investment and Jobs Act.\3\
---------------------------------------------------------------------------
    \1\U.S. Department of the Interior. Office of Surface Mining 
Reclamation and Enforcement. Abandoned Mine Land Inventory System. 
https://www.osmre.gov/programs/e-amlis
    \2\U.S. Department of the Interior. Office of Surface Mining 
Reclamation and Enforcement. Reclaiming Abandoned Mine Lands. https://
www.osmre.gov/programs/reclaiming-abandoned-mine-lands
    \3\Public Law 117-58.
---------------------------------------------------------------------------
    However, given the significant inventory of unreclaimed 
sites, there is a need to identify new routes to reclamation 
without additional burdens on coal operators or the taxpayer. 
This need has encouraged third-party non-governmental 
organizations (NGOs) to participate in cleanup projects. 
Pennsylvania, for example, has a so-called ``Good Samaritan'' 
law allowing NGOs to participate in cleanup without fear of 
becoming liable for abandoned sites they reclaim, should 
conditions deteriorate through no fault of their own.\4\ 
However, currently there is no such federal liability 
protection.
---------------------------------------------------------------------------
    \4\Pennsylvania Department of Environmental Protection. 
Environmental Good Samaritan Act. https://www.dep.pa.gov/Business/Land/
Mining/BureauofMiningPrograms/Pages/GoodSamaritanAct.aspx
---------------------------------------------------------------------------
    The ``Community Reclamation Partnerships Act'' would grant 
this liability protection to NGOs that wish to contribute their 
resources to the reclamation of abandoned mine lands and reduce 
the burden on the taxpayers and the states.

                            Committee Action

    H.R. 6233 was introduced on November 6, 2023, by Rep. Darin 
LaHood (R-IL). The bill was referred to the Committee on 
Natural Resources. On June 14, 2023, the Subcommittee on Energy 
and Mineral Resources held a hearing on the discussion draft of 
this bill. On December 6, 2023, the Committee on Natural 
Resources met to consider the bill. H.R. 6233 was 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 June 14, 2023.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Community Reclamation Partnerships Act.''

Section 2. Reference

    Section 2 specifies that Act shall refer to the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et 
seq.), unless otherwise noted.

Section 3. State memoranda of understanding for certain remediation

    Section 3 authorizes a memorandum of understanding (MOU) 
between states with approved state programs under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA) and federal 
agencies for the remediation of acid mine drainage and 
abandoned mine sites. State MOUs must be approved by the 
Secretary of the Interior and the Administrator of the 
Environmental Protection Agency and are subject to public 
review and comment.
    It also authorizes eligible ``Community Reclaimers'' to 
participate in abandoned mine land cleanup projects for states 
that have an approved MOU. Under this program, Community 
Reclaimers are shielded from liability by enabling the states 
to formally assume liability and compliance responsibility on 
their behalf. This subsection also details requirements for 
Community Reclaimer qualifications, projects applications, and 
Secretarial approval.
    Section 3 also defines a ``Community Reclaimer'' as any 
person who: voluntarily assists a state in a reclamation 
project; did not create the conditions that now require 
reclamation or mine drainage abatement; is not a current owner 
or operator of any site with ongoing reclamation obligations; 
and is not subject to outstanding violations under SMCRA.
    This section requires states to include a list of proposed 
Community Reclaimer Partnership projects in their annual 
applications to the Secretary of the Interior requesting 
support for their respective State Reclamation Programs.
    Section 3 also specifies that a community reclaimer may 
reprocess materials recovered during the implementation of a 
remediation plan if the applicable land management agency has 
approved reprocessing as a part of the approved abandoned mine 
reclamation plan; the proceeds from the sale or use of the 
materials are used to defray the cost of remediation or to 
reimburse the agency for purposes of carrying out this Act; and 
the materials only include historic mine residue.

Section 4. Clarifying State liability for mine drainage projects

    Section 4 clarifies that any control or treatment for acid 
mine drainage must comply with the Clean Water Act, unless an 
approved MOU exists. This only applies where projects address 
mine drainage from AML sites.

Section 5. Conforming amendments

    Section 5 executes conforming amendments.

Section 6. Sunset provision

    Section 6 provides that the Act shall be in effect until 
September 30, 2030.

            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:

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 6233 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 to reduce water pollution caused by 
abandoned mines through 2030. 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.
    Additionally, H.R. 6233 would authorize individuals or 
groups participating in mine cleanup to sell reprocessed 
materials recovered during remediation work. Any reprocessing 
would need to be approved in the applicable abandoned mine 
reclamation plan and the proceeds would need to be used to pay 
for the costs of activities under the bill.
    Spending subject to appropriations: For this estimate, CBO 
assumes that the legislation will be enacted during fiscal year 
2024. Based on the costs of similar activities, CBO expects 
that the federal government would need two additional employees 
at an average annual cost of $150,000 each to manage the 
agreements and approve projects. On that basis, CBO estimates 
that implementing H.R. 6233 would cost about $2 million over 
the 2024-2029 period; any related spending would be subject to 
the availability of appropriated funds.
    Direct spending: H.R. 6233 would allow the federal 
government to be reimbursed for its administrative costs from 
the proceeds of any sales of reprocessed materials from 
abandoned mine reclamation projects. Such reimbursements are 
recorded in the budget as offsetting receipts (or reductions in 
direct spending); under current law, those reimbursements would 
be available to spend without further appropriation. Thus, CBO 
estimates that enacting H.R. 6233 would have a negligible 
effect on net direct spending over the 2024-2034 period.
    The CBO staff contact for this estimate is Lilia Ledezma. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill 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, and 
for other purposes.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clauses 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 the Congressional Budget Office, H.R. 6233 
contains no unfunded mandates as defined in the Unfunded 
Mandates Reform Act.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  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.
                  (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).

           *       *       *       *       *       *       *


                          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.

           *       *       *       *       *       *       *


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