congressional_record: CREC-2017-10-02-pt1-PgH7645
This data as json
| granule_id | date | congress | session | volume | issue | title | chamber | granule_class | sub_granule_class | page_start | page_end | speakers | bills | citation | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| CREC-2017-10-02-pt1-PgH7645 | 2017-10-02 | 115 | 1 | COMMUNITY RECLAMATION PARTNERSHIPS ACT | HOUSE | HOUSE | ALLOTHER | H7645 | H7646 | [{"name": "Glenn Thompson", "role": "speaking"}, {"name": "A. Donald McEachin", "role": "speaking"}, {"name": "Darin LaHood", "role": "speaking"}] | [{"congress": "115", "type": "HR", "number": "2937"}, {"congress": "115", "type": "HR", "number": "2937"}, {"congress": "115", "type": "HR", "number": "2937"}] | 163 Cong. Rec. H7645 | Congressional Record, Volume 163 Issue 157 (Monday, October 2, 2017) [Congressional Record Volume 163, Number 157 (Monday, October 2, 2017)] [House] [Pages H7645-H7646] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] COMMUNITY RECLAMATION PARTNERSHIPS ACT Mr. THOMPSON of Pennsylvania. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2937) 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. 2937 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. (a) Memoranda Authorized.--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. ``(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; ``(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; and ``(L) 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) 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; ``(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 to become eligible for reclamation or drainage abatement expenditures under section 404; ``(C) is not a past or current owner or operator of any site with ongoing reclamation obligations; and ``(D) 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 in the second sentence 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 ``Control Act'' the second place it appears. 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).''. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Pennsylvania (Mr. Thompson) and the gentleman from Virginia (Mr. McEachin) each will control 20 minutes. The Chair recognizes the gentleman from Pennsylvania. General Leave Mr. THOMPSON of Pennsylvania. Mr. Speaker, I ask unanimous consent that all Members may have 5 [[Page H7646]] legislative days to revise and extend their remarks and include extraneous material on the bill under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Pennsylvania? There was no objection. Mr. THOMPSON of Pennsylvania. I yield myself such time as I may consume. Mr. Speaker, I thank leadership for allowing H.R. 2937 to come to the floor. This legislation, introduced by my friend from Illinois (Mr. LaHood), will help address the challenge of abandoned coal mines present in many affected communities across the Nation. The Community Reclamation Partnerships Act enables States to partner with Good Samaritan entities to reclaim abandoned mine sites and facilitate acid mine drainage cleanup. H.R. 2937 creates more opportunities to address this challenge. Mr. Speaker, representing the Pennsylvania Fifth Congressional District, just to note, my congressional district has more abandoned mine sites than any congressional district in the country, so I am very grateful for the leadership that Mr. LaHood has shown in bringing H.R. 2937 forward. Mr. Speaker, I urge adoption of this measure, and I reserve the balance of my time. Mr. McEACHIN. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 2937, introduced by Representative LaHood, is a step forward for communities looking to address abandoned coal mines in their backyards by partnering with Good Samaritans seeking to help. The Commonwealth of Virginia, my home State, estimates that it will need over $400 million to clean up all of its remaining abandoned coal mines and, while this bill is no substitute for a long-term reauthorization of the Abandoned Mine Land fund, every little bit helps. Each project funded by a Good Samaritan through this bill will help one more community make their economy stronger and their environment healthier. A hearing on a discussion draft of this bill brought a number of problematic issues to light, but I greatly appreciate the willingness of the bill's sponsor and the majority staff of the Natural Resources Committee to reach across the aisle and work with us on a bipartisan agreement that was able to achieve unanimous consent in the Natural Resources Committee. I thank the sponsor for his diligent and collaborative work on this bill, and I ask my colleagues to support H.R. 2937. Mr. Speaker, I reserve the balance of my time. Mr. THOMPSON of Pennsylvania. Mr. Speaker, I yield such time as he may consume to the gentleman from Illinois (Mr. LaHood). Mr. LaHOOD. Mr. Speaker, I want to thank Chairman Thompson and the ranking member for helping to bring this bill, in a bipartisan way, to the floor. I appreciate your support on H.R. 2937. This legislation will help address the complex legal and funding- related challenges for abandoned mine lands across 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 abandoned mine sites and facilitate acid mine drainage cleanup across the country. Nongovernmental entities, like Trout Unlimited, have recognized the need for reclamation in coal communities and are willing to contribute their resources and expertise to address the problem. Unfortunately, liability and regulatory concerns have discouraged them from participating and partnering with the States on reclamation projects. This legislation enables nongovernmental entities' participation in State reclamation programs by minimizing undeserved liability and codifying proven practices established by the 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, 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 in several States. We want to replicate that across the country with this legislation. 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 reclamation of approximately $4 billion of abandoned mine land liabilities. However, according to the Department of the Interior, the estimated remediation costs exceeds $10 billion across the country. The outstanding abandoned mine land liabilities in Illinois, my home State, is $156 million; and in my district, the 18th Congressional District, it is $17 million. The cost of reclaiming these sites will continue to strain State resources in the coming decades, and the conditions 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 out their local community in a responsible way. Mr. Speaker, H.R. 2937 brings more resources to bear on this considerable challenge, and I urge adoption of this bipartisan measure. Mr. McEACHIN. Mr. Speaker, I yield back the balance of my time. Mr. THOMPSON of Pennsylvania. Mr. Speaker, I would just ask my colleagues to support this piece of legislation. I am very appreciative to the author of this bill for his leadership. Having a congressional district that has significant presence of abandoned mine lands, I know that the authorities and the protections he is seeking here will be good for all, for the communities, for the environment, and for the economy. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Pennsylvania (Mr. Thompson) that the House suspend the rules and pass the bill, H.R. 2937. 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. ____________________ |