[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 167 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 167
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. LaHood introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
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.
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 of 2025''.
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;
``(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, 2032.
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