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[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Balancing the Rights Of Web Surfers
Equally and Responsibly Act of 2017'' or the ''BROWSER Act of 2017''.

SEC. 2. NOTICE OF PRIVACY POLICIES.

(a) In General.--A provider of a covered service shall provide the
users of the service with notice of the privacy policies of the
provider with respect to the service. Such notice shall be clear and
conspicuous.
(b) Availability to Prospective Users.--The notice required by
subsection (a) shall be made available to prospective users--
(1) at the point of sale of, subscription to, or
establishment of an account for the covered service, prior to
such sale, subscription, or establishment, whether such point
of sale, subscription, or establishment is in person, online,
over the telephone, or through another means; or
(2) if there is no such sale, subscription, or
establishment, before the user uses the service.
(c) Persistent Availability.--The notice required by subsection (a)
shall be made persistently available.
(d) Material Changes.--A provider of a covered service shall
provide users with advance notice of any material change to the privacy
policies of the provider. The notice required by this subsection shall
be clear and conspicuous.

SEC. 3. USER OPT-IN OR OPT-OUT APPROVAL RIGHTS BASED ON SENSITIVITY OF
INFORMATION.

(a) Opt-In Approval Required for Sensitive User Information.--
Except as provided in subsection (c), a provider of a covered service
shall obtain opt-in approval from a user to use, disclose, or permit
access to the sensitive user information of the user.
(b) Opt-Out Approval Required for Non-Sensitive User Information.--
Except as provided in subsection (c)--
(1) a provider of a covered service shall obtain opt-out
approval from a user to use, disclose, or permit access to any
of the non-sensitive user information of the user; or
(2) if the provider so chooses, the provider may comply
with the requirement of paragraph (1) by obtaining opt-in
approval from the user to use, disclose, or permit access to
any such non-sensitive user information.
(c) Limitations and Exceptions.--A provider of a covered service
may use, disclose, or permit access to user information without user
approval for the following purposes:
(1) In providing the covered service from which such
information is derived, or in providing services necessary to,
or used in, the provision of such service.
(2) To initiate, render, bill, and collect for the covered
service.
(3) To protect the rights or property of the provider, or
to protect users of the covered service and other service
providers from fraudulent, abusive, or unlawful use of the
service.
(4) To provide location information or non-sensitive user
information--
(A) to a public safety answering point, emergency
medical service provider or emergency dispatch
provider, public safety, fire service, or law
enforcement official, or hospital emergency or trauma
care facility, in order to respond to the request of
the user for emergency services;
(B) to inform the legal guardian of the user, or
members of the immediate family of the user, of the
location of the user in an emergency situation that
involves the risk of death or serious physical harm; or
(C) to providers of information or database
management services solely for purposes of assisting in
the delivery of emergency services in response to an
emergency.
(5) As otherwise required or authorized by law.
(d) Mechanism for Exercising User Approval.--
(1) In general.--A provider of a covered service shall make
available a simple, easy-to-use mechanism for users to grant,
deny, or withdraw opt-in approval or opt-out approval at any
time.
(2) Form and manner.--The mechanism required by paragraph
(1) shall be--
(A) clear and conspicuous; and
(B) made available--
(i) at no additional cost to the user; and
(ii) in a language other than English, if
the provider transacts business with the user
in such other language.
(3) Effect.--The grant, denial, or withdrawal of opt-in
approval or opt-out approval by a user shall--
(A) be given effect promptly; and
(B) remain in effect until the user revokes or
limits such grant, denial, or withdrawal of approval.

SEC. 4. SERVICE OFFERS CONDITIONED ON WAIVERS OF PRIVACY RIGHTS.

A provider of a covered service may not--
(1) condition, or effectively condition, provision of such
service on agreement by a user to waive privacy rights
guaranteed by law or regulation, including this Act; or
(2) terminate such service or otherwise refuse to provide
such service as a direct or indirect consequence of the refusal
of a user to waive any such privacy rights.

SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

(a) General Application.--The requirements of this Act apply,
according to their terms, to--
(1) those persons, partnerships, and corporations over
which the Commission has authority pursuant to section 5(a)(2)
of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)); and
(2) providers of broadband internet access service,
notwithstanding the exception in such section for common
carriers subject to the Communications Act of 1934 (47 U.S.C.
151 et seq.).
(b) Unfair or Deceptive Acts or Practices.--A violation of this Act
shall be treated as an unfair or deceptive act or practice in or
affecting commerce for purposes of section 5(a)(2) of the Federal Trade
Commission Act (15 U.S.C. 45(a)(2)).
(c) Powers of Commission.--Except as provided in subsection (a)(2)
of this section--
(1) the Commission shall enforce this Act in the same
manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this Act; and
(2) any person who violates this Act shall be subject to
the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act.

SEC. 6. DEFINITIONS.

In this Act:
(1) Broadband internet access service.--
(A) In general.--The term ''broadband internet
access service'' means a mass-market retail service by
wire or radio that provides the capability to transmit
data to and receive data from all or substantially all
internet endpoints, including any capabilities that are
incidental to and enable the operation of the
communications service, but excluding dial-up internet
access service.
(B) Functional equivalent; evasion.--Such term also
includes any service that--
(i) the Commission finds to be providing a
functional equivalent of the service described
in subparagraph (A); or
(ii) is used to evade the protections set
forth in this Act.
(2) Commission.--The term ''Commission'' means the Federal
Trade Commission.
(3) Covered service.--The term ''covered service'' means--
(A) broadband internet access service; or
(B) an edge service.
(4) Edge service.--The term ''edge service''--
(A) means a service provided over the internet--
(i) for which the provider requires the
user to subscribe or establish an account in
order to use the service;
(ii) that the user purchases from the
provider of the service without a subscription
or account;
(iii) by which a program searches for and
identifies items in a database that correspond
to keywords or characters specified by the
user, used especially for finding particular
sites on the World Wide Web; or
(iv) by which the user divulges sensitive
user information; and
(B) includes a service described in subparagraph
(A) that is provided through a software program,
including a mobile application.
(5) Emergency services.--The term ''emergency services''
has the meaning given such term in section 222 of the
Communications Act of 1934 (47 U.S.C. 222).
(6) Material.--The term ''material'' means, with respect to
a change in a privacy policy of a provider of a covered
service, any change in such policy that a user of the service,
acting reasonably under the circumstances, would consider
important to the decisions of the user regarding the privacy of
the user, including any change to information required to be
included in a privacy notice under section 2.
(7) Mobile application.--The term ''mobile application''
means a software program that runs on the operating system of a
mobile device.
(8) Non-sensitive user information.--The term ''non-
sensitive user information'' means any user information that is
not sensitive user information.
(9) Opt-in approval.--The term ''opt-in approval'' means a
method for obtaining from a user of a covered service consent
to use, disclose, or permit access to sensitive user
information under which the provider of the service obtains
express consent allowing the requested usage, disclosure, or
access to the sensitive user information.
(10) Opt-out approval.--The term ''opt-out approval'' means
a method for obtaining from a user of a covered service consent
to use, disclose, or permit access to non-sensitive user
information under which the user is deemed to have consented to
the use, disclosure, or access to the non-sensitive user
information if the user has failed to object to such use,
disclosure, or access.
(11) Public safety answering point.--The term ''public
safety answering point'' has the meaning given such term in
section 222 of the Communications Act of 1934 (47 U.S.C. 222).
(12) Sensitive user information.--The term ''sensitive user
information'' includes any of the following:
(A) Financial information.
(B) Health information.
(C) Information pertaining to children under the
age of 13.
(D) Social Security number.
(E) Precise geo-location information.
(F) Content of communications.
(G) Web browsing history, history of usage of a
software program (including a mobile application), and
the functional equivalents of either.
(13) State.--The term ''State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands of the United
States, the Commonwealth of the Northern Mariana Islands, any
other territory or possession of the United States, and each
federally recognized Indian Tribe.
(14) User.--The term ''user'' means, with respect to a
covered service, a person who--
(A) is a current or former--
(i) subscriber to such service; or
(ii) holder of an account for such service;
(B) purchases such service without a subscription
or account;
(C) is an applicant for such service; or
(D) in the case of a service described in clause
(iii) or (iv) of paragraph (4)(A), uses the service.
(15) User information.--The term ''user information'' means
any information that--
(A) a provider of a covered service acquires in
connection with the provision of such service; and
(B) is linked or reasonably linkable to an
individual.

SEC. 7. RELATIONSHIP TO OTHER LAW.

(a) Preemption of State Law.--No State or political subdivision of
a State shall, with respect to a provider of a covered service subject
to this Act, adopt, maintain, enforce, or impose or continue in effect
any law, rule, regulation, duty, requirement, standard, or other
provision having the force and effect of law relating to or with
respect to the privacy of user information.
(b) Other Federal Law.--
(1) In general.--Except as provided in paragraph (2),
nothing in this Act shall be construed to supercede any other
Federal statute or regulation relating to information privacy.
(2) Communications act of 1934.--Insofar as any provision
of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or
any regulations promulgated under such Act apply to any person,
partnership, or corporation subject to this Act with respect to
privacy policies, terms of service, and practices covered by
this Act, such provision of the Communications Act of 1934 or
such regulations shall have no force or effect, unless such
regulations pertain to emergency services.
[A]: Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017 or the BROWSER Act of 2017 This bill authorizes the Federal Trade Commission to enforce information privacy protections that require broadband Internet access services and certain websites or mobile applications providing subscription, account, purchase, or search engine services to allow users to opt-in or opt-out of the use, disclosure, or access to their user information depending on the sensitivity of the information. Opt-in approval through the user's express consent must be obtained for the use of sensitive information that is: financial information, health information, about children under 13, Social Security numbers, precise geo-location information, content of communications, web browsing history, or history of usage of a software program or mobile application. Opt-out approval must be provided for the use of non-sensitive user information under a method in which users are deemed to have consented if they fail to object after being provided notice of privacy policies. The bill allows a service provider to use information without approval for specified purposes, including for services necessary for provision of the service and to initiate, render, bill, and collect for the service. Service providers must allow users to grant, deny, or withdraw approval at any time. The bill prohibits providers from conditioning service on a user's agreement to waive privacy rights.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''United States Commission on
Rebuilding America for the 21st Century Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) In 1808, Albert Gallatin, while serving as President
Thomas Jefferson's Secretary of the Treasury, reported to
Congress on the infrastructure investments needed by the young
Nation.
(2) Gallatin's plan built on President George Washington's
vision of connecting the interior settlements of the Nation
with the markets and ports of the East Coast through a network
of roads and canals, and provided a roadmap for infrastructure
development in the 19th century.
(3) In 1908, President Theodore Roosevelt convened a
conference of State and territorial governors, members of his
Cabinet and Congress, professional organizations, private
citizens, and government agencies to plan for the United States
conservation and infrastructure needs in the 20th century.
(4) The resulting plan laid the groundwork for many of the
critical investments initiated by President Franklin D.
Roosevelt to jumpstart the Nation's recovery from the Great
Depression.
(5) Today, as in 1808 and 1908, the United States is faced
with significant economic, environmental, and demographic
challenges.
(6) To stave off the worst effects of global warming, the
United States will need to reduce greenhouse gas emissions
significantly.
(7) The Nation's population is projected to increase to 420
million by 2050, which is nearly a 50 percent increase from the
Nation's population size in 2000.
(8) By 2050, more than 70 percent of the Nation's
population growth and economic growth is expected to take place
in extended networks of metropolitan regions linked by
environmental systems, transportation networks, economies, and
culture.
(9) The National Surface Transportation Policy and Revenue
Study Commission recently calculated that maintaining the
Nation's existing transportation system over the next 50 years
will require $225 billion annually. The latest transportation
authorization, SAFETEA-LU, provided only $244 billion total for
the 5 years ending with fiscal year 2009.
(10) The American Society of Civil Engineers has given the
Nation's public infrastructure, consisting of water, sewer, and
transportation systems, a grade of D-minus, estimating that it
will cost $1.6 trillion over the next 5 years merely to repair
the Nation's existing infrastructure.
(11) The Nation's decaying water infrastructure and a lack
of available funding to maintain and upgrade the Nation's
wastewater infrastructure pose a serious threat to water
quality. More than 72,000 miles of municipal water and sewer
pipe are more than 80 years old, threatening the health,
environment, and economy of communities large and small.
(12) Population growth and associated development will
place the Nation's water resources under increasing stress,
including increased pollutant loads, increased potential for
flooding, diminished drinking water supplies, loss of aquatic
habitat, and stream scouring and erosion. Global warming will
exacerbate existing water challenges and make other changes to
the natural hydrology, including more extreme storm events,
more frequent droughts, higher air and water temperatures,
changes in timing of stream flows, and sea level rise. New
technologies and a comprehensive strategy will be needed to
overcome these challenges and ensure a safe, adequate,
reliable, and sustainable water supply.
(13) The Environmental Protection Agency, the Congressional
Budget Office, and other stakeholders have identified a funding
gap of between $300 billion and $400 billion over the next 20
years for the restoration and replacement of wastewater
infrastructure, and an additional $250 billion over the next 30
years will be needed to replace worn-out drinking water pipes
and associated structures.
(14) From 1999 to 2009, the Nation's electricity demand
rose by nearly 20 percent while transmission capacity grew by
only 3.5 percent. To accommodate increased demand, and to
accommodate increased electrical supply from renewable sources
by 2050, electrical transmission infrastructure requires
significant investment.
(15) The Nation's rural economy is dependant on
transportation and communications networks to grow and compete
in an increasingly globalized market.
(16) Significant under-investment in public lands
infrastructure jeopardizes the tremendous conservation,
environmental, and mixed use benefits that these lands provide
the public.
(17) Much of the Nation's infrastructure was built in the
last half of the 20th century and will reach its capacity
limits early in the 21st century. Unless new capacity is
created in roads, rails, airports, seaports, and other systems,
the Nation's economic potential will be artificially limited.
(18) Since 1980, the number of miles people in the United
States drive has grown 3 times faster than the Nation's
population. Residents of walkable cities, however, drive 26
percent fewer miles per day than those living in the most
sprawling areas.
(19) By 2050, 89 million new or replaced homes as well as
190 billion square feet of new offices, stores, and other
nonresidential buildings will be constructed.
(20) By 2050, smart growth building policies could reduce
total transportation-related CO<INF>2</INF> emissions by 7 to
10 percent.
(21) Development of a bold national plan to overcome these
challenges by 2050 will allow the United States to respond in
the most economically and environmentally sustainable way.

SEC. 3. ESTABLISHMENT.

There is established a commission to be known as the ''United
States Commission on Rebuilding America for the 21st Century'' (in this
Act referred to as the ''Commission'').

SEC. 4. MEMBERSHIP.

(a) Appointment of Members.--The Commission shall be composed of 17
members as follows:
(1) Two members, including the chairman of the Commission,
to be appointed by the Speaker of the House of Representatives.
(2) Two members to be appointed by the majority leader of
the Senate.
(3) Three members to be appointed jointly by the minority
leader of the House of Representatives and the minority leader
of the Senate.
(4) One member to be appointed by the Administrator of the
Environmental Protection Agency.
(5) One member to be appointed by the Secretary of
Transportation.
(6) One member to be appointed by the Secretary of Housing
and Urban Development.
(7) One member to be appointed by the Secretary of the
Interior.
(8) One member to be appointed by the Secretary of Energy.
(9) One member to be appointed by the President of the
Executive Committee of the Board of Directors of the National
Association of Counties, in consultation with the other members
of the Board.
(10) One member to be appointed by the Chair of the
National Governors Association.
(11) One member to be appointed by the Executive Director
of the National Conference of State Legislatures, in
consultation with the members of the Conference's executive
committee.
(12) One member to be appointed by the President of the
Board of Directors of the National Association of Regional
Councils, in consultation with the other members of the Board.
(13) One member to be appointed by the President of the
United States Conference of Mayors, in consultation with the
members of the Conference's executive board.
(b) Dates of Appointments.--The initial member appointed to the
Commission shall be the Chairman, as designated by the Speaker of the
House of Representatives under subsection (a)(1). The remainder of the
members of the Commission shall be appointed in the 30-day period
beginning on the 30th day following the date of the appointment of the
Chairman.
(c) Qualifications.--
(1) In general.--Each member of the Commission shall be
knowledgeable in--
(A) the fields of transportation finance, highway
and transit programs, and transportation policy;
(B) the fields of land use and housing policy,
including community planning and design;
(C) the fields of water supply, water
infrastructure, and water conservation policy; or
(D) the fields of energy supply, energy
infrastructure, and energy conservation policy.
(2) Eligibility of certain representatives.--The members of
the Commission--
(A) may include representatives of State and local
governments, public transportation authorities, and
other appropriate governmental units; but
(B) may not include any member of the House of
Representatives, the Senate, or the President's
Cabinet.
(d) Terms.--The members of the Commission shall be appointed for
the life of the Commission.
(e) Vacancies.--A vacancy on the Commission shall be filled
promptly and in the manner in which the original appointment was made.
(f) Meetings.--
(1) Initial meeting.--Not later than 60 days after the last
day of the appointment period described in section 4(b), the
Commission shall hold the initial meeting of the Commission.
(2) Meetings.--The Commission shall meet at the call of the
chairman of the Commission or a majority of its members.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) Pay.--Members of the Commission shall serve without pay.
(h) Travel Expenses.--Each member of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of chapter 57
of title 5, United States Code.

SEC. 5. DUTIES.

(a) Review of Published Materials.--
(1) In general.--The Commission shall review published
materials on the Nation's transportation, water, energy, public
lands, and housing infrastructure and, based on the review,
assess the challenges of meeting the Nation's infrastructure
needs in the 21st century.
(2) Report to congress.--Not later than 120 days after the
last day of the appointment period described in section 4(b),
the Commission shall submit to Congress a report on the review
and assessment conducted under paragraph (1) and make the
report available to the public.
(b) Public Hearings.--In order to facilitate a national dialogue on
the Nation's infrastructure needs, the Commission shall hold public
hearings in at least 50 congressional districts representing a cross-
section of the geographical regions of the United States, and consult
with other interested persons, before submitting a final report under
subsection (c)
(c) Final Report.--
(1) National vision of infrastructure investments.--Not
later than one year after the last day of the appointment
period described in section 4(b), the Commission shall prepare
and submit to Congress a report that--
(A) documents the challenges of meeting the
Nation's transportation, water, energy, public lands,
and housing infrastructure needs in the 21st century;
and
(B) articulates a national vision of infrastructure
investments to overcome the challenges.
(2) Specific recommendations.--The report to be submitted
under paragraph (1) shall contain specific recommendations on
appropriate policies and investments, including integration of
existing programs, to provide the people of the United States
with--
(A) improved transportation mobility, choice, and
access to economic opportunities;
(B) streamlined investment processes to facilitate
State and local transportation investments;
(C) improved community health outcomes and social
equity;
(D) improved water conservation, quality, and
quantity;
(E) an efficient, vibrant, and flexible electric
grid that delivers clean, safe, and affordable energy;
(F) reductions in greenhouse gas emissions; and
(G) improved public lands infrastructure sufficient
to accommodate the growth in users without degrading
the environmental and conservation values of the public
lands.
(3) Model principles.--The report to be submitted under
paragraph (1) shall contain a set of model principles to ensure
that future investments in the Nation's transportation, water,
energy, public lands, and housing infrastructure incorporate
the findings and recommendations contained in the report.

SEC. 6. POWERS.

(a) Hearings and Sessions.--For the purpose of carrying out this
Act, the Commission may hold such hearings, meet and act at such times
and places, take such testimony, administer such oaths, and receive
such evidence as the Commission considers appropriate.
(b) Other Evidence.--The Commission shall gather evidence through
such means as the Commission considers appropriate, including--
(1) by soliciting comments through Federal Register
notices; and
(2) by receiving testimony at public hearings conducted by
members of the Commission, at the direction of the chairman of
the Commission, subject to appropriate rules governing the
receiving of evidence.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information (other
than information required by any law to be kept confidential by such
department or agency) necessary for the Commission to carry out its
duties under this Act. Upon request of the Commission, the head of that
department or agency shall furnish such nonconfidential information to
the Commission.
(d) Contracts.--The Commission may enter into contracts with other
entities in carrying out the duties of the Commission.
(e) Gifts, Bequests, and Devises.--To the extent or in the amounts
provided in advance in appropriations Acts, the Commission may accept,
use, and dispose of gifts, bequests, or devises of services or
property, both real and personal, for the purpose of aiding or
facilitating the work of the Commission. Gifts, bequests, or devises of
money and proceeds from sales of other property received as gifts,
bequests, or devises shall be deposited in the Treasury and shall be
available for disbursement upon order of the Chairperson.
(f) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(g) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.

SEC. 7. STAFF.

(a) Staff.--The Commission may appoint and fix the pay of such
personnel as the Commission considers appropriate.
(b) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist the Commission in carrying out its duties under
this Act.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay for GS-15 of the
General Schedule.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this Act
$2,500,000.

SEC. 9. TERMINATION.

The Commission shall terminate on the 180th day following the date
of transmittal of the final report required under section 5(c). All
records and papers of the Commission shall thereupon be delivered to
the Administrator of General Services for deposit in the National
Archives.
[A]: United States Commission on Rebuilding America for the 21st Century Act - Establishes the United States Commission on Rebuilding America for the 21st Century to review published materials on the nation's transportation, water, energy, public lands, and housing infrastructure and assess the challenges of meeting the nation's infrastructure needs in the 21st century.

Directs the Commission to submit to Congress a report that: (1) documents those challenges and articulates a national vision of infrastructure investments to overcome them; (2) contains specific recommendations on policies and investments to provide for streamlined state and local transportation investment processes, an electric grid that delivers clean, safe, and affordable energy, reductions in greenhouse has emissions, and improved transportation mobility, community health outcomes, water conservation, and public lands infrastructure accommodating user growth without degrading the environment; and (3) contains a set of model principles to ensure that future investments in the nation's infrastructure incorporate the report's findings and recommendations.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Community Reclamation Partnerships
Act''.

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.

(a) Memoranda Authorized.--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.
''(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; 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).''.

SEC. 4. CLARIFYING STATE LIABILITY FOR MINE DRAINAGE PROJECTS.

Section 413(d) (30 U.S.C. 1242(d)) is amended in the second
sentence 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 ''Control Act'' the
second place it appears.

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).''.

Passed the House of Representatives October 2, 2017.

Attest:

KAREN L. HAAS,

Clerk.
[A]:
Community Reclamation Partnerships Act This bill amends the Surface Mining Control and Reclamation Act of 1977 (SMCRA) to revise the abandoned mine land reclamation program which restores land and water adversely impacted by surface coal mines that were abandoned before SMCRA's enactment. A state with an approved abandoned mine reclamation program may enter into a memorandum of understanding with relevant federal or state agencies (or both) for remediating mine drainage on abandoned mine land and water impacted by abandoned mines. In addition, the bill authorizes a partnership between a state and a community reclaimer for remediating abandoned mine land if: the partnership's proposed project is consistent with an approved state memorandum of understanding and conducted on certain prioritized sites; the state assumes all responsibly on behalf of the community reclaimer and the owner of the proposed project site for costs or damages resulting from actions or inactions of the community reclaimer in carrying out the project, except for gross negligence or intentional misconduct by the community reclaimer; and the state has necessary legal authority to conduct the project and has financial resources to ensure the project's completion. A community reclaimer is a person who: (1) voluntarily assists a state in a reclamation project, (2) did not participate in any way in the creation of site conditions at the proposed site or activities that caused any land or waters to become eligible for reclamation or drainage abatement expenditures under SMCRA, (3) is not a past or current owner or operator of any site with ongoing reclamation obligations, and (4) is not subject to outstanding violations of surface coal mining permits.