69–006 

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. 

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 landVerDate Sep 11 2014 00:20 Jul 29, 2017 Jkt 069006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR260.XXX HR260
2 

2 U.S. Environmental Protection Agency. ‘‘Abandoned Mine Drainage.’’ https://www.epa.gov/ 

nps/abandoned-mine-drainage Accessed May 17, 2017. 

owners 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. 

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

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 

3 

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. 

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. 

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. 

4 

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 

5 

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. 

6 

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 onbudget 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. 

7 

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 

8 

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; øand¿ 

(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 performedø.¿; 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. 

9 

(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. 

10 

(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— 

11 

(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 cooperaVerDate Sep 11 2014 00:20 Jul 29, 2017 Jkt 069006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6601 E:\HR\OC\HR260.XXX HR260
12 

tive 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. 

* * * * * * * 

Æ