Sec. 5. 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 a relevant State or Federal agency to remediate lands and water eligible for reclamation or drainage abatement expenditures under this title. A memorandum of understanding entered into pursuant to subparagraph

(A)may be updated as necessary and resubmitted for approval under paragraph (4). A memorandum of understanding entered into pursuant to paragraph (1)(A) shall establish a strategy to address water pollution resulting from mine drainage lands and waters eligible for reclamation or drainage abatement expenditures under this title. Such strategy shall include 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); operating and maintaining treatment systems as necessary to achieve the condition required under clause (i); and such other matters as the parties to such memorandum of understanding determine appropriate. Before submitting a memorandum of understanding to the Secretary and the Administrator for approval in accordance with paragraph (4), a State shall— invite interested members of the public to comment on the proposed 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)(ii) the State shall publish notice of the meeting in a local newspaper of general circulation, on the internet, and by any other means the Secretary and Administrator determine appropriate. Before entering into a memorandum of understanding pursuant to 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 carrying out 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 ) is further amended by adding at the end the following: In this subsection, the term community reclaimer means any person that— 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 any 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 reclamation project, including any engineering plans approved by a registered qualified professional engineer; a description of each reclamation project site, including, if relevant, the nature and extent of pollution resulting from mine drainage from such site; identification of the past and current owners and operators of each reclamation project site; an agreement between the State and the community reclaimer to carry out the reclamation project; a determination by the State that the reclamation project will facilitate the activities of the State Reclamation Plan; sufficient information to determine whether the community reclaimer has the technical capability and expertise to successfully carry out the reclamation project; a cost estimate for the reclamation project; evidence that the community reclaimer has sufficient financial resources to ensure the completion of the reclamation project (including any operation or maintenance costs); a schedule for completion of the reclamation project; an agreement between the community reclaimer and the owner of the affected site governing access to such site; sufficient information to demonstrate that the community reclaimer meets the requirements of paragraph (1); a contingency plan designed to be used in response to unplanned adverse events including emergency actions, response, and notifications; and an agreement by the State that, before the initiation of the reclamation project, the State shall— provide notice to adjacent and downstream landowners and the public; and hold a public meeting near the affected 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 such request if the Secretary determines that— the request complies with the submission requirements of paragraph (3)(B); the reclamation project— will be carried out by a community reclaimer or an approved for such purpose by an appropriate State agency subcontractor of the community reclaimer; will be carried out on lands or waters inventoried under section 403(c); in the case of a reclamation project that remediates mine drainage, is consistent with an approved State memorandum of understanding under subsection (m); and does not require a permit under title V; and the State that submitted the request— has entered into an agreement with the community reclaimer that, except with respect to costs or damages resulting from gross negligence or intentional misconduct, such State shall assume responsibility for any costs or damages resulting from the conduct of the community reclaimer in carrying out the reclamation project; has the necessary legal authority to carry out the reclamation project; will obtain all authorizations, permits, licenses, and other approvals required by law to ensure completion of the reclamation project; and has sufficient financial resources to ensure completion of the reclamation 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 carried out 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 reclamation projects with respect to which such State has submitted a request under subsection (n)(3). .

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30 USC 1235
30 USC 1242(d)
30 USC 1235(f)

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Sec. 5

State memoranda of understanding for remediation of mine drainage; community reclaimer partnerships

Cite30 USC 1235

Cite30 USC 1242(d)

Cite30 USC 1235(f)

Cites 3Cited by 0 across 0 sources