IB 

Union Calendar No. 215 

117TH CONGRESS 

2D SESSION H. R. 1146 

[Report No. 117–293] 

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 

FEBRUARY 18, 2021 

Mr. LAHOOD introduced the following bill; which was referred to the 

Committee on Natural Resources 

APRIL 25, 2022 

Reported from the Committee on Natural Resources; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Community Reclama5 tion Partnerships Act’’. 

6 SEC. 2. REFERENCE. 

7 Except as otherwise specifically provided, whenever in 

8 this Act an amendment is expressed in terms of an amend9 ment to a provision, the reference shall be considered to 

10 be made to a provision of the Surface Mining Control and 

11 Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). 

12 SEC. 3. STATE MEMORANDA OF UNDERSTANDING FOR CER13 TAIN REMEDIATION. 

14 (a) MEMORANDA AUTHORIZED.—Section 405 (30 

15 U.S.C. 1235) is amended by inserting after subsection (l) 

16 the following: 

17 ‘‘(m) STATE MEMORANDA OF UNDERSTANDING FOR

18 REMEDIATION OF MINE DRAINAGE.— 

19 ‘‘(1) IN GENERAL.—A State with a State pro20 gram approved under subsection (d) may enter into 

21 a memorandum of understanding with relevant Fed22 eral or State agencies (or both) to remediate mine 

23 drainage on abandoned mine land and water im24 pacted by abandoned mines within the State. The 


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1 memorandum may be updated as necessary and re2 submitted for approval under this subsection. 

3 ‘‘(2) MEMORANDA REQUIREMENTS.—Such 

4 memorandum shall establish a strategy satisfactory 

5 to the State and Federal agencies that are parties 

6 to the memorandum, to address water pollution re7 sulting from mine drainage at sites eligible for rec8 lamation and mine drainage abatement expenditures 

9 under section 404, including specific procedures 

10 for— 

11 ‘‘(A) ensuring that activities carried out to 

12 address mine drainage will result in improved 

13 water quality; 

14 ‘‘(B) monitoring, sampling, and the report15 ing of collected information as necessary to 

16 achieve the condition required under subpara17 graph (A); 

18 ‘‘(C) operation and maintenance of treat19 ment systems as necessary to achieve the condi20 tion required under subparagraph (A); and 

21 ‘‘(D) other purposes, as considered nec22 essary by the State or Federal agencies, to 

23 achieve the condition required under subpara24 graph (A). 

25 ‘‘(3) PUBLIC REVIEW AND COMMENT.— 


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1 ‘‘(A) IN GENERAL.—Before submitting a 

2 memorandum to the Secretary and the Admin3 istrator for approval, a State shall— 

4 ‘‘(i) invite interested members of the 

5 public to comment on the memorandum; 

6 and 

7 ‘‘(ii) hold at least one public meeting 

8 concerning the memorandum in a location 

9 or locations reasonably accessible to per10 sons who may be affected by implementa11 tion of the memorandum. 

12 ‘‘(B) NOTICE OF MEETING.—The State 

13 shall publish notice of each meeting not less 

14 than 15 days before the date of the meeting, in 

15 local newspapers of general circulation, on the 

16 Internet, and by any other means considered 

17 necessary or desirable by the Secretary and the 

18 Administrator. 

19 ‘‘(4) SUBMISSION AND APPROVAL.—The State 

20 shall submit the memorandum to the Secretary and 

21 the Administrator of the Environmental Protection 

22 Agency for approval. The Secretary and the Admin23 istrator shall approve or disapprove the memo24 randum within 120 days after the date of its sub25 mission if the Secretary and Administrator find that 


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1 the memorandum will facilitate additional activities 

2 under the State Reclamation Plan under subsection 

3 (e) that improve water quality. 

4 ‘‘(5) TREATMENT AS PART OF STATE PLAN.— 

5 A memorandum of a State that is approved by the 

6 Secretary and the Administrator under this sub7 section shall be considered part of the approved 

8 abandoned mine reclamation plan of the State. 

9 ‘‘(n) COMMUNITY RECLAIMER PARTNERSHIPS.— 

10 ‘‘(1) PROJECT APPROVAL.—Within 120 days 

11 after receiving such a submission, the Secretary 

12 shall approve a Community Reclaimer project to re13 mediate abandoned mine lands if the Secretary finds 

14 that— 

15 ‘‘(A) the proposed project will be con16 ducted by a Community Reclaimer as defined in 

17 this subsection or approved subcontractors of 

18 the Community Reclaimer; 

19 ‘‘(B) for any proposed project that remedi20 ates mine drainage, the proposed project is con21 sistent with an approved State memorandum of 

22 understanding under subsection (m); 

23 ‘‘(C) the proposed project will be con24 ducted on a site or sites inventoried under sec25 tion 403(c); 


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1 ‘‘(D) the proposed project meets all sub2 mission criteria under paragraph (2); 

3 ‘‘(E) the relevant State has entered into an 

4 agreement with the Community Reclaimer 

5 under which the State shall assume all respon6 sibility with respect to the project for any costs 

7 or damages resulting from any action or inac8 tion on the part of the Community Reclaimer in 

9 carrying out the project, except for costs or 

10 damages resulting from gross negligence or in11 tentional misconduct by the Community Re12 claimer, on behalf of— 

13 ‘‘(i) the Community Reclaimer; and 

14 ‘‘(ii) the owner of the proposed project 

15 site, 

16 if such Community Reclaimer or owner, respec17 tively, did not participate in any way in the cre18 ation of site conditions at the proposed project 

19 site or activities that caused any lands or 

20 waters to become eligible for reclamation or 

21 drainage abatement expenditures under section 

22 404; 

23 ‘‘(F) the State has the necessary legal au24 thority to conduct the project and will obtain all 

25 legally required authorizations, permits, liVerDate Sep 11 2014 18:51 Apr 25, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1146.RH H1146

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1 censes, and other approvals to ensure comple2 tion of the project; 

3 ‘‘(G) the State has sufficient financial re4 sources to ensure completion of the project, in5 cluding any necessary operation and mainte6 nance costs (including costs associated with 

7 emergency actions covered by a contingency 

8 plan under paragraph (2)(K)); and 

9 ‘‘(H) the proposed project is not in a cat10 egory of projects that would require a permit 

11 under title V. 

12 ‘‘(2) PROJECT SUBMISSION.—The State shall 

13 submit a request for approval to the Secretary that 

14 shall include— 

15 ‘‘(A) a description of the proposed project, 

16 including any engineering plans that must bear 

17 the seal of a professional engineer; 

18 ‘‘(B) a description of the proposed project 

19 site or sites, including, if relevant, the nature 

20 and extent of pollution resulting from mine 

21 drainage; 

22 ‘‘(C) identification of the past and current 

23 owners and operators of the proposed project 

24 site; 


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1 ‘‘(D) the agreement or contract between 

2 the relevant State and the Community Re3 claimer to carry out the project; 

4 ‘‘(E) a determination that the project will 

5 facilitate the activities of the State reclamation 

6 plan under subsection (e); 

7 ‘‘(F) sufficient information to determine 

8 whether the Community Reclaimer has the 

9 technical capability and expertise to successfully 

10 conduct the proposed project; 

11 ‘‘(G) a cost estimate for the project and 

12 evidence that the Community Reclaimer has 

13 sufficient financial resources to ensure the suc14 cessful completion of the proposed project (in15 cluding any operation or maintenance costs); 

16 ‘‘(H) a schedule for completion of the 

17 project; 

18 ‘‘(I) an agreement between the Community 

19 Reclaimer and the current owner of the site 

20 governing access to the site; 

21 ‘‘(J) sufficient information to ensure that 

22 the Community Reclaimer meets the definition 

23 under paragraph (3); 

24 ‘‘(K) a contingency plan designed to be 

25 used in response to unplanned adverse events 


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1 that includes emergency actions, response, and 

2 notifications; and 

3 ‘‘(L) a requirement that the State provide 

4 notice to adjacent and downstream landowners 

5 and the public and hold a public meeting near 

6 the proposed project site before the project is 

7 initiated. 

8 ‘‘(3) COMMUNITY RECLAIMER DEFINED.—For 

9 purposes of this section, the term ‘Community Re10 claimer’ means any person who— 

11 ‘‘(A) seeks to voluntarily assist a State 

12 with a reclamation project under this section; 

13 ‘‘(B) did not participate in any way in the 

14 creation of site conditions at the proposed 

15 project site or activities that caused any lands 

16 or waters to become eligible for reclamation or 

17 drainage abatement expenditures under section 

18 404; 

19 ‘‘(C) is not a past or current owner or op20 erator of any site with ongoing reclamation obli21 gations; and 

22 ‘‘(D) is not subject to outstanding viola23 tions listed pursuant to section 510(c).’’. 


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1 SEC. 4. CLARIFYING STATE LIABILITY FOR MINE DRAINAGE 

2 PROJECTS. 

3 Section 413(d) (30 U.S.C. 1242(d)) is amended in 

4 the second sentence by inserting ‘‘unless such control or 

5 treatment will be conducted in accordance with a State 

6 memorandum of understanding approved under section 

7 405(m) of this Act’’ after ‘‘Control Act’’ the second place 

8 it appears. 

9 SEC. 5. CONFORMING AMENDMENTS. 

10 Section 405(f) (30 U.S.C. 1235(f)) is amended— 

11 (1) by striking the ‘‘and’’ after the semicolon in 

12 paragraph (6); 

13 (2) by striking the period at the end of para14 graph (7) and inserting ‘‘; and’’; and 

15 (3) by inserting at the end the following: 

16 ‘‘(8) a list of projects proposed under sub17 section (n).’’. 


pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 215 

117TH CONGRESS 

2D SESSION H. R. 1146 

[Report No. 117–293] 

A BILL 

To amend the Surface Mining Control and Recpurposes. activities before August 3, 1977, and for other water resources adversely affected by coal mining the purpose of reclaiming and restoring land and between States and nongovernmental entities for lamation Act of 1977 to authorize partnerships 

APRIL 25, 2022 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS