Community Reclamation Partnerships Act

Summary#

This Act changes the Surface Mining Control and Reclamation Act of 1977 to let States partner with other agencies and nongovernmental groups to clean up abandoned coal mine lands and water affected by mining before August 3, 1977. It lets States create memoranda of understanding (MOUs) with Federal or State agencies to address mine drainage, including rules for improving water quality, monitoring, and operating treatment systems. The MOUs must be open for public comment and approved by the Secretary and the EPA Administrator.

The Act also creates a new process for approving "Community Reclaimer" projects. A Community Reclaimer is a person or group that volunteers to help with reclamation, did not cause the pollution, and has no listed outstanding violations. To get approval, a State submits a project package to the Secretary within set criteria (site descriptions, engineering plans, cost estimates, schedules, contingency plans, public notice, and proof of technical and financial capability). The State must agree to assume responsibility for costs or damages from the Community Reclaimer’s actions except for gross negligence or intentional misconduct. The bill allows limited reprocessing or sale of historic mine residue if approved and if proceeds are used to pay remediation costs or reimburse agencies. Approved MOUs become part of the State’s abandoned mine reclamation plan. The Act also adds a requirement that State plans list Community Reclaimer projects and includes a sunset date: the Act expires September 30, 2032.

What it means for you#

• Local residents: There must be public notice and at least one nearby public meeting before a State submits an MOU or a Community Reclaimer project. You may have opportunities to comment and learn about planned cleanup work.
• State agencies: States with approved programs can enter MOUs, propose Community Reclaimer projects, approve reprocessing of historic mine residue under conditions, and must show authority and financial ability to finish projects.
• Community groups or companies: Eligible groups that did not create the pollution can volunteer to carry out reclamation work, but must meet technical and financial requirements and may be subject to oversight and subcontracts.
• Landowners: If an owner did not cause the contamination, the State agreement can include protections where the State assumes responsibility for costs or damages tied to the project (except for gross negligence or intentional misconduct).

Expenses#

No publicly available information on total federal or program funding amounts or new appropriations is included in the bill text. The bill requires that:

• States demonstrate they have sufficient financial resources to complete projects and to cover operation and maintenance costs.
• Community Reclaimers provide evidence of sufficient financial resources for the project.
• Proceeds from approved reprocessing of historic mine residue must be used to defray remediation costs and to reimburse the Administrator or Federal land managers for carrying out the Act.
• States assume responsibility for costs or damages from Community Reclaimer actions except when caused by gross negligence or intentional misconduct.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.