Sec. 8. State memoranda of understanding for remediation of mine drainage; community reclaimer partnerships
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Section 405 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1235 ) is amended by adding at the end the following: Subject to the approval of the Secretary and the Administrator of the Environmental Protection Agency (referred to in this subsection as the Administrator ) under paragraph (4), a State with an approved State Reclamation Plan may enter into a memorandum of understanding with relevant Federal or State agencies to remediate mine drainage on abandoned mine land and water impacted by abandoned mines within the State. A memorandum of understanding entered into under subparagraph
(A)may be updated as necessary and resubmitted for approval under paragraph (4). A memorandum of understanding entered into under paragraph (1)(A) shall establish a strategy 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— ensuring that activities carried out to address mine drainage will result in improved water quality; monitoring, sampling, and reporting of collected information as necessary to achieve the condition required under clause (i); operation and maintenance of treatment systems as necessary to achieve the condition required under clause (i); and other purposes, as considered necessary by the State or Federal agencies that are parties to the memorandum of understanding, to achieve the condition required under clause (i). The strategy established under subparagraph
(A)shall be satisfactory to the State and Federal agencies that are parties to the memorandum of understanding. Before submitting a memorandum of understanding to the Secretary and the Administrator for approval under paragraph (4), a State shall— invite interested members of the public to comment on the memorandum of understanding; and hold not less than 1 public meeting concerning the memorandum of understanding in a location reasonably accessible to persons who may be affected by implementation of the memorandum of understanding. Not later than 15 days before the date of a meeting under subparagraph (A), the State shall publish notice 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. Before entering into a memorandum of understanding under paragraph (1)(A), a State shall submit the memorandum of understanding to the Secretary and the Administrator for approval. Not later than 120 days after the date on which a State submits the memorandum of understanding for approval under subparagraph (A), the Secretary and the Administrator shall approve or disapprove the memorandum of understanding. The Secretary and the Administrator shall approve a memorandum of understanding under this paragraph if the Secretary and Administrator find that the memorandum of understanding will facilitate additional activities to improve water quality under the approved State Reclamation Plan of the State. A memorandum of understanding that is approved by the Secretary and the Administrator under this subsection shall be considered to be part of the approved State Reclamation Plan of the State. . Section 405 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1235 ) (as amended by subsection (a)) is amended by adding at the end the following: In this subsection, the term community reclaimer means any person who— seeks to voluntarily assist a State with a reclamation project under this section; did not participate in any way in— the creation of site conditions at the project site; or activities that caused any land or waters at the project site to become eligible for reclamation or drainage abatement expenditures under section 404; is not a past or current owner or operator of any site with ongoing reclamation obligations; and is not subject to outstanding violations listed pursuant to section 510(c). The Secretary may authorize a community reclaimer to carry out a reclamation project under this section for which a request for approval submitted by the State under paragraph
(3)has been approved by the Secretary in accordance with paragraph (4). A State may submit to the Secretary a request to authorize a community reclaimer to carry out a reclamation project under this section in the State. A request submitted under subparagraph
(A)shall include— a description of the project, including any engineering plans that include the seal of a professional engineer; a description of the 1 or more project sites, including, if relevant, the nature and extent of pollution resulting from mine drainage; identification of the past and current owners and operators of any project sites; the agreement or contract between the State and the community reclaimer to carry out the project; a determination by the State that the project will facilitate the activities of the State Reclamation Plan under subsection (e); sufficient information to determine whether the community reclaimer has the technical capability and expertise to successfully conduct the project; a cost estimate for the project; evidence that the community reclaimer has sufficient financial resources to ensure the successful completion of the project (including any operation or maintenance costs); a schedule for completion of the project; an agreement between the community reclaimer and the owner of the project site governing access to the project site; sufficient information to ensure that the community reclaimer meets the requirements of paragraph (1); a contingency plan designed to be used in response to unplanned adverse events that includes emergency actions, response, and notifications; and an agreement by the State that, before the initiation of the project, the State shall— provide notice to adjacent and downstream landowners and the public; and hold a public meeting near the project site. Not later than 120 days after the date on which the Secretary receives a request submitted under paragraph (3)(A), the Secretary shall approve the request for the community reclaimer to carry out the project, if the Secretary determines that— the project— complies with the submission requirements under paragraph (3)(B); will be conducted by a community reclaimer or 1 or more approved subcontractors of the community reclaimer; will be conducted on 1 or more sites inventoried under section 403(c); in the case of a project that remediates mine drainage, is consistent with an approved State memorandum of understanding under subsection (m); and is not in a category of projects that would require a permit under title V; and the State that submitted the request— 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 the community reclaimer and the owner of the project site, if the community reclaimer or owner, respectively, did not participate in any way in the creation of site conditions at the project site or activities that caused any land or water to become eligible for reclamation or drainage abatement expenditures under section 404; has the necessary legal authority to carry out the project; and will obtain all authorizations, permits, licenses, and other approvals required by law to ensure completion of the project; and 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 (3)(B)(xii)). . Section 413(d) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1242(d) ) is amended, in the second sentence, by striking Act. and inserting Act, unless that control or treatment will be conducted in accordance with a State memorandum of understanding approved under section 405(m). . Section 405(f) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1235(f) ) is amended— in paragraph (6), by striking and after the semicolon; in paragraph (7), by striking the period at the end and inserting ; and ; and by adding at the end the following: a list of projects proposed under subsection (n). .
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Sec. 8
State memoranda of understanding for remediation of mine drainage; community reclaimer partnerships
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