119-hr167

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 167 Referred in Senate

    (RFS) ]

<DOC>
119th CONGRESS
 1st Session
 H. R. 167

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 14, 2025

 Received; read twice and referred to the Committee on Energy and 
 Natural Resources

_______________________________________________________________________

 AN ACT

 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.

 Passed the House of Representatives May 13, 2025.

 Attest:

 KEVIN F. MCCUMBER,

 Clerk.