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106TH CONGRESS
1ST SESSION
H. R. 2753
To authorize the Secretary of the Army to carry out a program for the
restoration of abandoned mine sites.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 5, 1999
Mr. GIBBONS introduced the following bill; which was referred to the Com-
mittee on Resources, and in addition to the Committee on Transportation
and Infrastructure, and Commerce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To authorize the Secretary of the Army to carry out a
program for the restoration of abandoned mine sites.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Abandoned Mine Res-
toration Act of 1999’’.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) NON-FEDERAL ENTITIES.—The term ‘‘non-
Federal entities’’ includes nonprofit and private enti-
ties.
(2) PROGRAM.—The term ‘‘program’’ means
the program authorized under section 3(a).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Army.
SEC. 3. RESTORATION OF ABANDONED MINE SITES PRO-
GRAM.
(a) IN GENERAL.—Subject to the requirements of
this section, the Secretary may carry out a program to
assist stewards of lands owned by the United States and
non-Federal entities to address environmental and water
quality problems caused by drainage and related activities
from abandoned, inactive, and post-production noncoal
mines. The program shall be managed by the head of the
Sacramento District Office of the Corps of Engineers.
(b) CONSULTATION.—The Secretary shall coordinate
actions taken under the program with appropriate Fed-
eral, State, and local agencies. Any project conducted
under the program on lands owned by the United States
shall be undertaken in consultation with the head of the
Federal entity with administrative jurisdiction over the
lands.
(c) ASSISTANCE.—
(1) TYPES
OF
ASSISTANCE.—In carrying out
the program, the Secretary may provide technical,
planning, design, restoration, remediation, and con-
struction assistance to Federal and non-Federal en-
tities for the purpose of carrying out projects to ad-
dress problems described in subsection (a).
(2) REQUIREMENT FOR ASSISTANCE.—The Sec-
retary may only provide assistance for a project
under the program, if the Secretary determines that
the project—
(A) will improve the quality of the environ-
ment and is in the public interest; and
(B) is cost-effective.
(d) SPECIFIC MEASURES.—Assistance may be pro-
vided under the program in support of a Federal or non-
Federal project for the following purposes:
(1) Response, control, and remediation of haz-
ardous, toxic, and radioactive waste and improve-
ment of the quality of the environment associated
with an abandoned, inactive, or post-production
noncoal mine, if the Secretary finds that such activi-
ties are integral to carrying out the environmental
restoration project.
(2) Restoration and protection of streams, riv-
ers, wetlands, and other waterbodies and all eco-
been performed in accordance with applicable
permits and approved plans.
(h) OPERATION AND MAINTENANCE.—The non-Fed-
eral share of operation and maintenance costs for a project
carried out under the program shall be 100 percent, except
that, in the case of a project undertaken on Federal lands,
the Federal agency with management responsibility for the
lands shall be responsible for all operation and mainte-
nance costs.
(i) EFFECT ON AUTHORITY OF SECRETARY OF THE
INTERIOR.—Nothing in this section shall affect the au-
thority of the Secretary of the Interior under the Mining
Law of 1872 or title IV of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).
(j) COST LIMITATION.—Not more than $10,000,000
of the amounts appropriated to carry out this section may
be allotted for projects in a single locality, but the Sec-
retary may accept funds voluntarily contributed by the
non-Federal or Federal entity for the purpose of expand-
ing the scope of the services requested by the non-Federal
or Federal entity.
(k) LIMITATION ON ACTIONS.—Notwithstanding any
other provision of law, the Secretary or any State or polit-
ical subdivision (including any local district) which has im-
plemented or will implement any remedial action which is
consistent with a State and Environmental Protection
Agency approved remediation plan, and any State ap-
proved modification thereof, at an abandoned mine site
and adjacent lands to provide water quality protection,
shall not be treated, based on actions taken consistent
with the plan, to be—
(1) the owner or operator of the site, or ar-
ranger or transporter for disposal;
(2) responsible for any discharge or release of
pollutants, contaminants, or hazardous substances
on or from the abandoned mine site or adjacent
lands, including discharges or releases which have
been affected by the activities of the remedial action;
or
(3) subject to any enforcement action pursuant
to Federal law, except for violations involving gross
negligence.
In this subsection, the term ‘‘gross negligence’’ means
reckless, willful, or wanton misconduct.
(l) WESTERN UNIVERSITIES MINE-LAND RECLAMA-
TION AND RESTORATION CONSORTIUM.—The Secretary
may provide assistance to the Western Universities Mine-
Land Reclamation and Restoration Consortium, which in-
cludes the University of Nevada, the New Mexico Institute
of Mining and Technology, the University of Idaho, and
the University of Alaska, for the purposes of carrying out
the purposes of the program.
(m) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$45,000,000 for fiscal years beginning after September
30, 1999.
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