[Congressional Record Volume 170, Number 60 (Tuesday, April 9, 2024)]
[House]
[Pages H2189-H2191]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1700
                 COMMUNITY RECLAMATION PARTNERSHIPS ACT

  Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6233) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6233

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

     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.

       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.
       ``(C) Response to public comment.--The memorandum shall 
     include responses to substantive concerns raised by the 
     public in comments and during public meetings if received 
     within 30 days of such meetings and opportunity 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 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;

[[Page H2190]]

       ``(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;
       ``(L) detailed plans for any proposed recycling or 
     reprocessing of historic mine residue to be conducted by the 
     Community Reclaimer (including a description of how all 
     proposed recycling 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 Community 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 approving reprocessing as part of the 
     approved abandoned 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 remediation; and
       ``(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 Reclaimer' 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 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 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 ``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 paragraph (7) and 
     inserting ``; and''; and
       (3) by inserting at the end the following:
       ``(8) a list of projects proposed under subsection (n).''.

     SEC. 6. SUNSET PROVISION.

       This Act shall be in effect until September 30, 2030.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arkansas (Mr. Westerman) and the gentlewoman from New Mexico (Ms. Leger 
Fernandez) each will control 20 minutes.
  The Chair recognizes the gentleman from Arkansas.


                             General Leave

  Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on H.R. 6233, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arkansas?
  There was no objection.
  Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 6233, the Community 
Reclamation Partnerships Act.
  H.R. 6233, introduced by Congressman LaHood, would allow States to 
partner with nongovernmental entities to reclaim and restore land and 
water resources from abandoned mines.
  There are still thousands of abandoned mines in the U.S., deserted 
before modern regulations required mine owners and operators to adhere 
to strict environmental standards and implement holistic land 
restoration when operations cease. Many of these sites pose health 
risks, safety hazards, and environmental concerns for their surrounding 
communities.
  While fees collected from current mining operations combined with 
Federal dollars fund States' abandoned mine cleanup efforts, third-
party nongovernmental organizations, or NGOs, have volunteered their 
resources to assist in abandoned mine restoration.
  However, should a site deteriorate in the future after an NGO has 
implemented restoration efforts, that NGO could be liable for the site. 
H.R. 6233 aims to shield third-party nongovernmental organizations from 
frivolous litigation.
  The Community Reclamation Partnerships Act will expedite abandoned 
mine reclamation efforts and improve environmental hazards, all without 
using taxpayer funds.
  Mr. Speaker, I urge my colleagues to join me in support of H.R. 6233, 
and I reserve the balance of my time.
  Ms. LEGER FERNANDEZ. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 6233, the Community 
Reclamation Partnerships Act.
  Two centuries of coal mining occurred in the United States before the 
industry was federally regulated in any meaningful way, including in 
New Mexico where we have many abandoned wells which litter the 
countryside.
  Before 1977, when the Surface Mining Control and Reclamation Act was 
passed, coal mining was done with little regard for the environment and 
absolutely minimal reclamation requirements. This history has left us 
with a massive number of abandoned coal mines across the country that 
create environmental and public health hazards.
  Fortunately, last Congress, Democrats championed and passed over $11 
billion to clean up abandoned coal mines. These funds are already being 
deployed to clean up hazardous sites and to create good jobs.
  Even with this massive investment, however, there is much work ahead 
of us before we solve the abandoned coal mine problem for good though.
  That is where the Community Reclamation Partnerships Act fits in. 
This bill would provide third-party groups, like environmental or 
wildlife organizations, with the ability to use their own funds to 
clean up streams and watersheds affected by abandoned coal mines, 
without assuming unnecessary liability.
  I am very thankful for these organizations. Many of them are 
recognizing the fact that these streams are essential in order to have 
pristine fishing conditions and other benefits to their surrounding 
areas.
  Under current law, these third parties are required to take on full 
liability if they want to engage in cleanup projects. These groups 
often don't have the funds or technical ability to cover cleanup all 
the way to full remediation. That shouldn't mean they should be stopped 
from making partial but substantial improvements to the environment for 
their communities. We can use all the help we can get.
  Therefore, this legislation would create ``Good Samaritan'' 
protections to allow these third-party groups to enter into memorandums 
of understanding with the State and EPA, with public feedback, to clean 
up a site without holding the community reclaimer to full liability.
  This community reclamation program is only part of the solution to 
abandoned coal mine lands, but it is a step in the right direction to 
clean up this legacy pollution.
  I am grateful for the bipartisan work on this legislation, and I am 
glad to see it on the floor today.
  Mr. Speaker, I urge support for the bill, and I reserve the balance 
of my time.
  Mr. WESTERMAN. Mr. Speaker, I yield 3 minutes to the gentleman from 
Illinois (Mr. LaHood), the author of the legislation,
  Mr. LaHOOD. Mr. Speaker, I want to acknowledge Chairman Westerman for 
his leadership on the Committee on Natural Resources. I am honored to 
be here today.
  I rise today, Mr. Speaker, in strong support of my bill, H.R. 6233, 
the Community Reclamation Partnerships Act. This legislation, which 
previously passed the House in the 115th Congress, will help address 
the complex legal and funding-related challenges for abandoned mines 
that we have across Illinois and the Nation.
  The Community Reclamation Partnerships Act amends the Surface Mining 
Control and Reclamation Act of 1977 to enable States to partner with 
nongovernmental entities to reclaim

[[Page H2191]]

abandoned mine sites and facilitate acid mine drainage cleanup across 
the country.
  Nongovernmental entities, such as Trout Unlimited, have recognized 
the need for reclamation in coal communities and are willing to 
contribute their resources and expertise to address this problem.
  Unfortunately, liability and regulatory concerns have discouraged 
them from partnering with the States on reclamation projects. This 
legislation enables NGO participation in State reclamation programs by 
minimizing undeserved liability and codifying proven practices 
established by State reclamation agencies.

  This legislation also addresses a frequent problem that States 
experience in addressing water pollution at abandoned mine land sites. 
States must choose between risking noncompliance under the Clean Water 
Act or foregoing acid mine drainage abatement projects altogether.
  Some States, for instance, like Pennsylvania, have successfully 
addressed this problem by establishing their own guidelines for the 
treatment of water pollution at abandoned mine land sites. These State-
specific strategies have resulted in successful water treatment 
projects and a significant reduction in acid mine drainage.
  Currently, State reclamation activities have been funded solely by 
fees levied on the coal industry over the past four decades. These fees 
have resulted in the reclamation of approximately $4 billion of 
abandoned mine land liabilities. However, according to the Department 
of the Interior and EPA, the estimated remediation costs exceeds $15 
billion. The cost of reclaiming these sites will continue to strain 
State resources in the coming decades, and the condition of these sites 
will only worsen over time.
  In short, this bill empowers State and local community leaders who 
want to assist in abandoned mine cleanup efforts so that future 
development can occur in these areas. No group should be punished for 
wanting to help their community in a responsible way.
  H.R. 6233 brings more resources to bear on this considerable 
challenge. I urge adoption of this bill.
  Ms. LEGER FERNANDEZ. Mr. Speaker, I yield myself the balance of my 
time for closing.
  As noted earlier, I stand in support of this legislation and the 
efforts that will be made under it to have cleanup occur on these coal 
mines, especially, as noted, Trout Unlimited is so willing to work with 
local communities. They do great work in New Mexico, and we need to 
encourage organizations to do that. I thank the sponsor of the bill for 
working with Trout Unlimited.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
yield back the balance of my time.
  Mr. WESTERMAN. Mr. Speaker, I yield myself the balance of my time for 
closing.
  I urge my colleagues to support H.R. 6233. This commonsense 
legislation streamlines abandoned mine recovery efforts and provides an 
alternative pathway to abandoned mine restoration without the use of 
government funds or the imposition of additional fees on an industry 
that is operating today with the highest environmental standards.
  Further, this bill has bipartisan support and passed unanimously out 
of the Committee on Natural Resources in December of 2023. As Mr. 
LaHood mentioned, it previously passed out of committee in the 116th 
and 117th Congress and was passed by the House in the 115th Congress.
  I urge my colleagues to come together again today to support smart, 
efficient legislation that is good for the taxpayers' bottom line, the 
environment, our States, and our communities.
  I thank Congressman LaHood for his work to bring H.R. 6233 to the 
floor, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Bentz). The question is on the motion 
offered by the gentleman from Arkansas (Mr. Westerman) that the House 
suspend the rules and pass the bill, H.R. 6233.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________