Sec. 1345. OHIO, PENNSYLVANIA, AND WEST VIRGINIA
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## SEC. 1345 OHIO, PENNSYLVANIA, AND WEST VIRGINIA **[**[30 U.S.C. 1231 note](/us/usc/t30/s1231)**]** ###
(a)Definitions In this section: ####
(1)Abandoned mine drainage #####
(A)In general The term “abandoned mine drainage” means discharge from land subject to title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.). #####
(B)Inclusions The term “abandoned mine drainage” includes discharges from an area where reclamation bonds have been forfeited under section 509 of the Surface Mining Control Act of 1977 (30 U.S.C. 1259), for which funds are applied to complete the reclamation obligations initially required of the mining operator. ####
(2)Treatment technologies The term “treatment technologies” means technologies that either change the composition of the abandoned mine drainage to form other compounds that are less dangerous to human health or the environment, or limit contaminant mobility by physical or chemical means. ####
(3)Treatment works for abandoned mine drainage The term “treatment works for abandoned mine drainage” means a facility or system designed to collect, aggregate, and treat abandoned mine drainage from sources or sites within a designated watershed or area using treatment technologies. ###
(b)Establishment of Program The Secretary may establish a pilot program to provide financial assistance to non-Federal interests for the establishment of treatment works for abandoned mine drainage in Ohio, Pennsylvania, and West Virginia. Such assistance shall be in the form of the reimbursement of costs for the design and construction of the treatment works for abandoned mine drainage. ###
(c)Goal The goal of this pilot program is to initiate the cleanup process by implementing activities to reduce or treat acid mine drainage from abandoned and forfeited mine drainage and bond forfeiture sites, as defined under the Surface Mining Control and Reclamation Act of 1977. This cleanup supports water treatment and infrastructure improvements aimed at practical uses, including but not limited to agricultural, industrial or recreational applications. ###
(d)Public Ownership Requirement The Secretary may provide assistance under this section only if the treatment works for abandoned mine drainage is publicly owned. ###
(e)Prioritization The Secretary shall prioritize assistance under this section to efforts that— ####
(1)reduce abandoned mine drainage from multiple sources; or ####
(2)include a centralized water treatment system to reduce the abandoned mine drainage from multiple sources or sites within a designated watershed area over the greatest number of stream miles. ###
(f)Agreements ####
(1)In general Before providing financial assistance under this section, the Secretary shall enter into an agreement with the non-Federal interest. ####
(2)Requirements Each agreement entered under this subsection shall provide for the following: #####
(A)Plan The non-Federal interest shall develop the design and construction of the treatments works for abandoned mine drainage, in consultation with the appropriate regulatory agencies addressing restoration of the impaired waters, which shall include the total cost of the restoration work to be funded under the agreement. #####
(B)Permits The non-Federal interest shall be responsible for obtaining all permits and licenses necessary for the design and construction of the treatment works for abandoned mine drainage and for ensuring compliance with all requirements of such permits and licenses. The Secretary to the maximum extent possible shall expedite processing of any permits, variances, or approvals necessary to facilitate the completion of projects receiving assistance under this section. #####
(C)Costs The non-Federal interest shall be responsible for all costs in excess of the total cost of design and construction, as determined under subparagraph (A), including any and all costs associated with any liability that might arise in connection with the treatment works for abandoned mine drainage. #####
(D)Operation and maintenance Operation and maintenance costs are a non-Federal responsibility. Such costs shall not be included in the total cost of the treatment works for abandoned mine drainage in subsection (A). ####
(3)Federal assistance Federal assistance shall be 75 percent of the total cost of the treatment works for abandoned mine drainage as determined in the agreement under subsection 2(A). ###
(g)Provision of Federal Assistance Providing of Federal assistance under this section shall in no way establish any liability for the Secretary associated with any treatment technologies associated with the treatment works for abandoned mine drainage. This includes the applicability of any provision of Federal or State law. ###
(h)Exclusions None of the funds authorized by this section shall be used in relation to abandoned mine drainage associated with a facility for which a party identified is responsible for response, removal or remediation activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901et seq.), or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). ###
(i)Authorization of Appropriations There is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended.
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- 42 USC 6901et
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Sec. 1345
OHIO, PENNSYLVANIA, AND WEST VIRGINIA
Cite42 USC 6901et
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