Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

115th Congress    }                                   {         Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                   {        115-260

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



 
                 COMMUNITY RECLAMATION PARTNERSHIPS ACT

                                _______
                                

 July 26, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 2937]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2937) to amend the Surface Mining Control and 
Reclamation Act of 1977 to authorize partnerships between 
States and nongovernmental entities for the purpose of 
reclaiming and restoring land and water resources adversely 
affected by coal mining activities before August 3, 1977, and 
for other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          Purpose of the Bill

    The purpose of H.R. 2937 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

    Thousands of inactive coal mines, abandoned before the era 
of modern regulation, can be found in communities across the 
United States. Today, over $10.5 billion worth of abandoned 
coal mine sites remain, each of which has no living responsible 
party.\1\ Many of these abandoned mines pose health and safety 
risks or environmental hazards to the surrounding communities, 
burdening landowners and inhibiting opportunities for further 
development. While over $4 billion has been spent reclaiming 
degraded sites, the large volume of remaining abandoned mine 
lands (AML) projects will continue to constrain State resources 
and burden local communities for decades to come. With the coal 
industry experiencing a shrinking market share and thousands of 
sites awaiting cleanup, there are concerns as to whether the 
full inventory of sites can be addressed by relying solely on 
the AML Fund, which is supported by a fee on each ton of coal 
produced.
---------------------------------------------------------------------------
    \1\U.S. Department of the Interior. Office of Surface Mining 
Reclamation and Enforcement. ``Cost Summary National.'' Abandoned Mine 
Land Inventory System (AMLIS). https://amlis.osmre.gov/
CannedReport.aspx Accessed May 16, 2017.
---------------------------------------------------------------------------
    While the States are responsible for reclaiming these 
abandoned coal mine sites and undertake numerous cleanup 
projects every year, the need for reclamation in coal 
communities has encouraged non-governmental organizations 
(NGOs) to contribute their resources towards these projects. 
These NGOs are willing to partner with States on these AML 
projects, but are hindered by several hurdles that prevent 
their participation, including potential liability and 
compliance responsibilities with respect to mine drainage 
treatment projects.

Acid mine drainage abatement challenges

    Many States, particularly those in the Eastern U.S., face 
the unique challenge of addressing discharges of acid mine 
drainage (AMD) from abandoned mine sites. AMD is acidic water 
that has been contaminated with naturally occurring heavy 
metals found in disturbed soil and rock due to past coal mining 
activity. When water reacts with rocks that naturally contain 
sulfur-bearing minerals, sulfuric acid is produced. This 
sulfuric acid can cause rocks to release heavy metals into the 
water.\2\
---------------------------------------------------------------------------
    \2\U.S. Environmental Protection Agency. ``Abandoned Mine 
Drainage.'' https://www.epa.gov/nps/abandoned-mine-drainage Accessed 
May 17, 2017.
---------------------------------------------------------------------------
    The presence of AMD presents additional challenges for 
states seeking to reclaim their abandoned mine sites. Under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA, 30 
U.S.C., 1201 et seq.), states are required to meet Clean Water 
Act (CWA) standards when constructing water treatment plants 
for AMD abatement. In many cases, bodies of water with AMD will 
never be able to meet CWA standards due to the naturally 
occurring processes and minerals present at these sites, even 
after employing extensive reclamation and water treatment 
efforts. Because States are currently required to meet 
unrealistic standards, they must either risk noncompliance with 
the CWA or choose to forego undertaking these projects 
entirely.
    Some States have addressed this problem by working with 
relevant State agencies to establish a strategy specifically 
for treating AMD sites. In Pennsylvania, for example, there are 
significant AMD discharges impacting numerous local 
communities. Pennsylvania has established guidelines for AMD 
abatement work that is uniquely tailored to the needs of 
Pennsylvania. Projects carried out in accordance with these 
guidelines have resulted in improved water quality throughout 
the State.
    States like Pennsylvania have also implemented their own 
programs for involving third parties in mine reclamation. In 
1999, Pennsylvania enacted the Environmental Good Samaritan 
Act, enabling outside organizations to reclaim and treat 
polluted water at AML sites.\3\ This program has led to 
numerous partnerships that have resulted in the reclamation of 
dozens of sites and hundreds of miles of streams, improving 
biodiversity in those streams.
---------------------------------------------------------------------------
    \3\Commonwealth of Pennsylvania. Department of Environmental 
Protection. Environmental Good Samaritan Act Fact Sheet. ftp://
newftp.epa.gov/GKM_DOCUMENTS/SITE_
FILE_MATERIALS/9.28.16/R08-1136194.PDF Accessed May 17, 2017.
---------------------------------------------------------------------------

Liability challenges

    Organizations that wish to participate in State reclamation 
programs are often deterred by the risk of assuming undeserved 
liability for sites they wish to reclaim. Indeed, potential 
Community Reclaimers can be held liable under the CWA for 
discharges of water from a site that has been significantly 
improved solely because it can never be brought up to CWA 
standards.

Major provisions of the bill

    This legislation seeks to facilitate mine reclamation at 
SMCRA Title IV eligible abandoned coal mine sites by enabling 
NGOs to participate in the reclamation of abandoned mine lands 
and contribute their own resources towards such projects. These 
entities are recognized in the bill as ``Community 
Reclaimers''.
    The bill minimizes undeserved liability for these Community 
Reclaimers by enabling the State to assume responsibility for 
all Community Reclaimer projects, including those for the 
treatment of water pollution, just as States currently do for 
approved AML contractors.
    This legislation would also statutorily allow for 
agreements between States and federal agencies establishing 
approved AMD abatement practices at abandoned mine sites. 
Community Reclaimers would be able to execute these projects in 
accordance with the relevant State agreements.

                      Section-by-Section Analysis

    Section 1 provides the short title of the bill: ``Community 
Reclamation Partnerships Act.''
    Section 2 notes that all references in the bill are 
considered to be made to SMCRA unless otherwise noted.
    Section 3 amends SMCRA by adding subsection (m) to section 
405 of that Act. This subsection clarifies State authority 
related to water treatment at abandoned mine sites by 
statutorily recognizing valid agreements entered into between 
the relevant State and federal agencies. This section gives 
credence to the AMD treatment strategies already employed in 
some States.
    This section also enables States to enter into agreements 
with relevant State and federal agencies to ensure that work 
intended to treat water pollution resulting from mine drainage 
results in a significant improvement to the environment.
    Subsection (m) requires that agreements include specific 
procedures for: ensuring that activities carried out under the 
agreement will result in improved water quality; monitoring 
water quality to ensure that it has been improved; and 
operating and maintaining water treatment systems.
    The subsection requires States to give the public an 
opportunity to comment on any proposed agreement and attend at 
least one public meeting concerning the agreement.
    It also requires that new and existing agreements be 
approved by the Secretary of the Interior and the Administrator 
of the Environmental Protection Agency.
    Finally, subsection (m) deems an approved agreement to be a 
part of an approved AML reclamation plan of the State under 
SMCRA.
    Section 3 also provides for the addition of subsection (n) 
to section 405 of SMCRA. This subsection provides for the 
establishment of Community Reclaimer Partnerships. These 
partnerships will allow eligible Community Reclaimers to 
participate in AML cleanup projects.
    This subsection also provides partial liability shielding 
to Community Reclaimers, in a similar fashion to current state 
AML contractors, by enabling the States to formally assume 
liability and compliance responsibility on their behalf under 
the existing SMCRA liability model.
    Subsection (n) authorizes the Secretary of the Interior to 
approve Community Reclaimer Partnership projects if: (1) the 
proposed project will be conducted by eligible Community 
Reclaimers and/or approved contractors; (2) projects involving 
mine drainage are consistent with the States' 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 
project applications; (5) the State has assumed responsibility 
for the project on behalf of the Community Reclaimer and the 
landowner barring gross negligence; (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 permit under title V of SMCRA.
    This subsection also requires that all projects submitted 
to the Secretary for approval include: (1) a description of the 
proposed project; (2) a description of the proposed project 
site; (3) identification of all past and current landowners and 
operators of the proposed site; (4) an agreement between the 
Community Reclaimer and the State; (5) a determination that the 
project will facilitate the activities of the State Reclamation 
Plan; (6) documentation demonstrating that the Community 
Reclaimer has the technical capability and expertise to 
successfully complete the project; (7) a cost estimate and 
documentation demonstrating that the Community Reclaimer has 
the financial resources to successfully complete the project; 
(8) a schedule of activities; (9) an agreement with the current 
landowner granting access to the site, which would outline the 
States' extension of its liability shield onto the landowner; 
(10) documentation stating that the Community Reclaimer meets 
the definition under the bill; (11) contingency plans to be 
employed in the event of an emergency; and (12) requirements 
for public notice of the project.
    Finally, subsection (n) defines a Community Reclaimer as an 
entity that seeks to voluntarily assist a State with 
reclamation projects, has not caused any lands to become 
eligible for reclamation under Section 404 of SMCRA, is not a 
past or current owner of abandoned mine sites or any other site 
with ongoing reclamation obligations, and does not have any 
outstanding violations under SMCRA.
    Section 4 recognizes approved agreements as appropriate 
standards at 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 restoration of the 
environment at impacted sites.
    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 Action

    H.R. 2937 was introduced on June 20, 2017, by Congressman 
Darin LaHood (R-IL). The bill was referred to the Committee on 
Natural Resources. On May 24, 2017, the Subcommittee on Energy 
and Mineral Resources held a hearing on a discussion draft of 
this bill. On June 22, 2017, the Full Natural Resources 
Committee met to consider the bill. No amendments were offered 
and the bill was ordered favorably reported to the House of 
Representatives by unanimous consent on June 27, 2017.

            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, July 26, 2017.
Hon. Rob Bishop,
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. 2937, 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 Jeff LaFave.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 2937--Community Reclamation Partnerships Act

    H.R. 2937 would authorize states with abandoned mine 
reclamation plans to enter into agreements with the federal 
government aimed at reducing water pollution caused by 
abandoned mines. Under the bill, states and nongovernmental 
organizations (NGOs) conducting certain water treatments under 
those agreements would not be required to meet water quality 
standards under the Clean Water Act.
    Based on information provided by the Office of Surface 
Mining, Reclamation, and Enforcement, CBO estimates that 
implementing the legislation would cost less than $500,000 a 
year over the 2018 2022 period; such spending would be subject 
to the availability of appropriated funds. Those funds would be 
used to cover administrative costs associated with approving 
agreements between the agency and states and authorizing NGOs 
to carry out projects to treat water pollution caused by mine 
drainage.
    Enacting H.R. 2937 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting the bill would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    H.R. 2937 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
bill would allow state governments to assume full liability for 
contaminated sites that community organizations choose to help 
remediate. Any costs that states might incur as a result of 
assuming full liability for those sites would result from 
participation in a voluntary federal program. Under the bill, 
contaminated sites would be eligible for federal grants to fund 
cleanup activities.
    The CBO staff contacts for this estimate are Jeff LaFave 
(for federal costs) and Jon Sperl (for intergovernmental 
mandates). The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    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.

                           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.

                    Compliance with Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    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.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         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 italic, 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
  (1) 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.

           *       *       *       *       *       *       *


                                  [all]