SEC. 2. REFERENCE. 
Except as otherwise specifically provided, whenever in 
this Act an amendment is expressed in terms of an amend-
ment 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 CER-
TAIN REMEDIATION. 
Section 405 (30 U.S.C. 1235) is amended by insert-
ing after subsection (l) the following: 
‘‘(m) STATE MEMORANDA OF UNDERSTANDING FOR 
REMEDIATION OF MINE DRAINAGE.— 
‘‘(1) IN GENERAL.—A State with a State pro-
gram approved under subsection (d) may enter into 
a memorandum of understanding with relevant Fed-
eral or State agencies (or both) to remediate mine 
drainage on abandoned mine land and water im-
pacted by abandoned mines within the State. The 
memorandum may be updated as necessary and re-
submitted 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 re-
sulting from mine drainage at sites eligible for rec-
lamation and mine drainage abatement expenditures 
VerDate Sep 11 2014 
22:47 Nov 13, 2023
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6233.IH
H6233
kjohnson on DSK7ZCZBW3PROD with $$_JOB
under section 404, including specific procedures 
for— 
‘‘(A) ensuring that activities carried out to 
address mine drainage will result in improved 
water quality; 
‘‘(B) monitoring, sampling, and the report-
ing of collected information as necessary to 
achieve the condition required under subpara-
graph (A); 
‘‘(C) operation and maintenance of treat-
ment systems as necessary to achieve the condi-
tion required under subparagraph (A); and 
‘‘(D) other purposes, as considered nec-
essary by the State or Federal agencies, to 
achieve the condition required under subpara-
graph (A). 
‘‘(3) PUBLIC REVIEW AND COMMENT.— 
‘‘(A) IN GENERAL.—Before submitting a 
memorandum to the Secretary and the Admin-
istrator for approval, a State shall— 
‘‘(i) invite interested members of the 
public to comment on the memorandum; 
and 
‘‘(ii) hold at least one public meeting 
concerning the memorandum in a location 
VerDate Sep 11 2014 
22:47 Nov 13, 2023
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6233.IH
H6233
kjohnson on DSK7ZCZBW3PROD with $$_JOB
or locations reasonably accessible to per-
sons who may be affected by implementa-
tion 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 re-
ceived within 30 days of such meetings and op-
portunity 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 Admin-
istrator shall approve or disapprove the memo-
randum within 120 days after the date of its sub-
mission if the Secretary and Administrator find that 
the memorandum will facilitate additional activities 
VerDate Sep 11 2014 
22:47 Nov 13, 2023
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6233.IH
H6233
kjohnson on DSK7ZCZBW3PROD with $$_JOB
under the State Reclamation Plan under subsection 
(e) that improve water quality. 
‘‘(5) TREATMENT AS PART OF STATE PLAN.— 
A memorandum of a State that is approved by the 
Secretary and the Administrator under this sub-
section shall be considered part of the approved 
abandoned mine reclamation plan of the State. 
‘‘(n) COMMUNITY RECLAIMER PARTNERSHIPS.— 
‘‘(1) PROJECT
APPROVAL.—Within 120 days 
after receiving such a submission, the Secretary 
shall approve a Community Reclaimer project to re-
mediate abandoned mine lands if the Secretary finds 
that— 
‘‘(A) the proposed project will be con-
ducted by a Community Reclaimer as defined in 
this subsection or approved subcontractors of 
the Community Reclaimer; 
‘‘(B) for any proposed project that remedi-
ates mine drainage, the proposed project is con-
sistent with an approved State memorandum of 
understanding under subsection (m); 
‘‘(C) the proposed project will be con-
ducted on a site or sites inventoried under sec-
tion 403(c); 
VerDate Sep 11 2014 
22:47 Nov 13, 2023
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6233.IH
H6233
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(D) the proposed project meets all sub-
mission criteria under paragraph (2); 
‘‘(E) the relevant State has entered into an 
agreement with the Community Reclaimer 
under which the State shall assume all respon-
sibility with respect to the project for any costs 
or damages resulting from any action or inac-
tion on the part of the Community Reclaimer in 
carrying out the project, except for costs or 
damages resulting from gross negligence or in-
tentional misconduct by the Community Re-
claimer, 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 abate-
ment expenditures under section 404; 
‘‘(F) the State has the necessary legal au-
thority to conduct the project and will obtain all 
legally required authorizations, permits, li-
VerDate Sep 11 2014 
22:47 Nov 13, 2023
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6233.IH
H6233
kjohnson on DSK7ZCZBW3PROD with $$_JOB
censes, and other approvals to ensure comple-
tion of the project; 
‘‘(G) the State has sufficient financial re-
sources to ensure completion of the project, in-
cluding any necessary operation and mainte-
nance costs (including costs associated with 
emergency actions covered by a contingency 
plan under paragraph (2)(K)); and 
‘‘(H) the proposed project is not in a cat-
egory of projects that would require a permit 
under title V. 
‘‘(2) PROJECT
SUBMISSION.—The State shall 
submit a request for approval to the Secretary that 
shall include— 
‘‘(A) a description of the proposed project, 
including any engineering plans that must bear 
the seal of a professional engineer; 
‘‘(B) a description of the proposed project 
site or sites, including, if relevant, the nature 
and extent of pollution resulting from mine 
drainage; 
‘‘(C) identification of the past and current 
owners and operators of the proposed project 
site; 
VerDate Sep 11 2014 
22:47 Nov 13, 2023
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6233.IH
H6233
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(D) the agreement or contract between 
the relevant State and the Community Re-
claimer 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 suc-
cessful completion of the proposed project (in-
cluding 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 
VerDate Sep 11 2014 
22:47 Nov 13, 2023
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6233.IH
H6233
kjohnson on DSK7ZCZBW3PROD with $$_JOB
that includes emergency actions, response, and 
notifications; 
‘‘(L) detailed plans for any proposed recy-
cling or reprocessing of historic mine residue to 
be conducted by the Community Reclaimer (in-
cluding a description of how all proposed recy-
cling or reprocessing activities contribute to the 
remediation of the abandoned mine site); and 
‘‘(M) a requirement that the State provide 
notice to adjacent and downstream landowners 
and the public and hold a public meeting near 
the proposed project site before the project is 
initiated. 
‘‘(3) REPROCESSING OF MATERIALS.—A Com-
munity Reclaimer may reprocess materials recovered 
during the implementation of a remediation plan 
only if— 
‘‘(A) the applicable land management 
agency has signed a decision document approv-
ing reprocessing as part of the approved aban-
doned mine reclamation plan of the State; 
‘‘(B) the proceeds from the sale or use of 
the materials are used— 
‘‘(i) to defray the costs of the remedi-
ation; and 
VerDate Sep 11 2014 
22:47 Nov 13, 2023
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6233.IH
H6233
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(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 Re-
claimer’ 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 viola-
tions listed pursuant to section 510(c).’’. 
VerDate Sep 11 2014 
22:47 Nov 13, 2023
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6233.IH
H6233
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 4. CLARIFYING STATE LIABILITY FOR MINE DRAINAGE 
PROJECTS. 
Section 413(d) (30 U.S.C. 1242(d)) is amended by 
inserting ‘‘unless such control or treatment will be con-
ducted in accordance with a State memorandum of under-
standing approved under section 405(m) of this Act’’ after 
‘‘under the Federal Water Pollution Control Act’’. 
SEC. 5. CONFORMING AMENDMENTS. 
Section 405(f) (30 U.S.C. 1235(f)) is amended— 
(1) by striking the ‘‘and’’ after the semicolon in 
paragraph (6); 
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’; and 
(3) by inserting at the end the following: 
‘‘(8) a list of projects proposed under sub-
section (n).’’. 
SEC. 6. SUNSET PROVISION. 
This Act shall be in effect until September 30, 2030. 
Æ 
VerDate Sep 11 2014 
22:47 Nov 13, 2023
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H6233.IH
H6233
kjohnson on DSK7ZCZBW3PROD with $$_JOB