,,ib ,union ,calendar ,no4 #cbf #aafth ,,congress #b;d ,session ,h4 ,r4 #cae ,report ,no4 #aaf-djd ,,in ,,the ,,house ,,of ,,representatives ,january #h1 #bjai,mr4 ,la,hood introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,february #be1 #bjbj,reported from the ,committee on ,natural ,resources2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to amend the ,surface ,mining ,control and ,reclamation ,act of #aigg 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 #c1 #aigg1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,community ,reclamation ,partnerships ,act4 #b4 ,reference ,except as otherwise specifically provided1 whenever in this ,act an amendment is expressed in terms of an amendment to a provision1 the reference shall be considered to be made to a provision of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq474 #c4 ,state memoranda of understanding for certain remediation 7a7 ,memoranda authorized ,section #dje 7#cj ,u4,s4,c4 #abce7 is amended by inserting after subsection 7l7 the following3 7m7 ,state memoranda of understanding for remediation of mine drainage 7#a7 ,in general ,a ,state with a ,state program approved under subsection 7d7 may enter into a memorandum of understanding with relevant ,federal or ,state agencies 7or both7 to remediate mine drainage on abandoned mine land and water impacted by abandoned mines within the ,state4 ,the memorandum may be updated as necessary and resubmitted for approval under this subsection4 7#b7 ,memoranda requirements ,such memorandum shall establish a strategy satisfactory to the ,state and ,federal agencies that are parties to the memorandum1 to address water pollution resulting from mine drainage at sites eligible for reclamation and mine drainage abatement expenditures under section #djd1 including specific procedures for-- 7,a7 ensuring that activities carried out to address mine drainage will result in improved water quality2 7,b7 monitoring1 sampling1 and the reporting of collected information as necessary to achieve the condition required under subparagraph 7,a72 7,c7 operation and maintenance of treatment systems as necessary to achieve the condition required under subparagraph 7,a72 and 7,d7 other purposes1 as considered necessary by the ,state or ,federal agencies1 to achieve the condition required under subparagraph 7,a74 7#c7 ,public review and comment 7,a7 ,in general ,before submitting a memorandum to the ,secretary and the ,administrator for approval1 a ,state shall-- 7i7 invite interested members of the public to comment on the memorandum2 and 7ii7 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 memorandum4 7,b7 ,notice of meeting ,the ,state shall publish notice of each meeting not less than #ae days before the date of the meeting1 in local newspapers of general circulation1 on the ,internet1 and by any other means considered necessary or desirable by the ,secretary and the ,administrator4 7#d7 ,submission and approval ,the ,state shall submit the memorandum to the ,secretary and the ,administrator of the ,environmental ,protection ,agency for approval4 ,the ,secretary and the ,administrator shall approve or disapprove the memorandum within #abj 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 7e7 that improve water quality4 7#e7 ,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 ,state4 7n7 ,community ,reclaimer partnerships 7#a7 ,project ,approval ,within #abj days after receiving such a submission1 the ,secretary shall approve a ,community ,reclaimer project to remediate abandoned mine lands if the ,secretary finds that-- 7,a7 the proposed project will be conducted by a ,community ,reclaimer as defined in this subsection or approved subcontractors of the ,community ,reclaimer2 7,b7 for any proposed project that remediates mine drainage1 the proposed project is consistent with an approved ,state memorandum of understanding under subsection 7m72 7,c7 the proposed project will be conducted on a site or sites inventoried under section #djc7;c72 7,d7 the proposed project meets all submission criteria under paragraph 7#b72 7,e7 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 project1 except for costs or damages resulting from gross negligence or intentional misconduct by the ,community ,reclaimer1 on behalf of-- 7i7 the ,community ,reclaimer2 and 7ii7 the owner of the proposed project site1 if such ,community ,reclaimer or owner1 respectively1 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 #djd2 7,f7 the ,state has the necessary legal authority to conduct the project and will obtain all legally required authorizations1 permits1 licenses1 and other approvals to ensure completion of the project2 7,g7 the ,state has sufficient financial resources to ensure completion of the project1 including any necessary operation and maintenance costs 7including costs associated with emergency actions covered by a contingency plan under paragraph 7#b77,k772 and 7,h7 the proposed project is not in a category of projects that would require a permit under title ,v4 7#b7 ,project submission ,the ,state shall submit a request for approval to the ,secretary that shall include-- 7,a7 a description of the proposed project1 including any engineering plans that must bear the seal of a professional engineer2 7,b7 a description of the proposed project site or sites1 including1 if relevant1 the nature and extent of pollution resulting from mine drainage2 7,c7 identification of the past and current owners and operators of the proposed project site2 7,d7 the agreement or contract between the relevant ,state and the ,community ,reclaimer to carry out the project2 7,e7 a determination that the project will facilitate the activities of the ,state reclamation plan under subsection 7e72 7,f7 sufficient information to determine whether the ,community ,reclaimer has the technical capability and expertise to successfully conduct the proposed project2 7,g7 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 7including any operation or maintenance costs72 7,h7 a schedule for completion of the project2 7,i7 an agreement between the ,community ,reclaimer and the current owner of the site governing access to the site2 7,j7 sufficient information to ensure that the ,community ,reclaimer meets the definition under paragraph 7#c72 7,k7 a contingency plan designed to be used in response to unplanned adverse events that includes emergency actions1 response1 and notifications2 and 7,l7 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 initiated4 7#c7 ,community ,reclaimer defined ,for purposes of this section1 the term ,community ,reclaimer means any person who-- 7,a7 seeks to voluntarily assist a ,state with a reclamation project under this section2 7,b7 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 #djd2 7,c7 is not a past or current owner or operator of any site with ongoing reclamation obligations2 and 7,d7 is not subject to outstanding violations listed pursuant to section #eaj7;c74 4 #d4 ,clarifying ,state liability for mine drainage projects ,section #dac7;d7 7#cj ,u4,s4,c4 #abdb7;d77 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 #dje7m7 of this ,act after ,control ,act the second place it appears4 #e4 ,conforming amendments ,section #dje7;f7 7#cj ,u4,s4,c4 #abce7;f77 is amended-- 7#a7 by striking the and after the semicolon in paragraph 7#f72 7#b7 by striking the period at the end of paragraph 7#g7 and inserting 2 and2 and 7#c7 by inserting at the end the following3 7#h7 a list of projects proposed under subsection 7n74 4 ,february #be1 #bjbj,reported from the ,committee on ,natural ,resources2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed