,,ii #aafth ,,congress #b;d ,session ,s4 #ciga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ag1 #bjbj,mr4 ,barrasso 7for himself and ,mr4 ,enzi7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,surface ,mining ,control and ,reclamation ,act of #aigg to make modifications to the ,abandoned ,mine ,reclamation ,fund1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,abandoned ,mine ,land ,reclamation ,fee ,reauthorization ,act of #bjbj4 #b4 ,reclamation fee 7a7 ,amount ,section #djb7;a7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;a77 is amended-- 7#a7 by striking #bh cents and inserting #ah4b cents2 7#b7 by striking #ab cents and inserting #g4h cents2 and 7#c7 by striking #h cents and inserting #e4b cents4 7b7 ,duration ,section #djb7;b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;b77 is amended by striking ,september #cj1 #bjba and inserting ,september #cj1 #bjbh4 #c4 ,increased revenue sharing with coal-producing ,states ,section #ce7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia7;a77 is amended1 in the first sentence1 by striking #ej per centum thereof and inserting #ej percent of the amount received1 or in the case of any amount received from coal leases1 #fj percent of the amount received14 #d4 ,sequestration provisions 7a7 ,exemption of payments to states and indian tribes from the abandoned mine reclamation fund from sequestration 7#a7 ,in general ,section #bee7;g77#a77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ije7;g77#a77;,a77 is amended by inserting after ,payments to ,social ,security ,trust ,funds 7#bh-jdjd-j-a-fea74 the following3 7#a7 8,payments to ,states and ,indian ,tribes from the ,abandoned ,mine ,reclamation ,fund and payments to ,states and ,indian ,tribes under section #djb7;i77#b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;i77#b77 7#ab-ejq#e-j-b-iii74 4 7#b7 ,applicability ,the amendment made by paragraph 7#a7 shall apply to any sequestration order issued under the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj et seq47 on or after the date of enactment of this ,act4 7b7 ,payment from withheld amounts 7#a7 ,in general ,from amounts withheld pursuant to section #bea;,a of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija;a7 from payments to ,states and ,indian tribes under section #djb7;g7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;g77 during fiscal years #bjac through #bjbj1 the ,secretary of the ,interior shall distribute for fiscal year #bjba to each ,state and each ,indian tribe from which the amounts were withheld an amount equal to the total amount so withheld from the ,state or ,indian tribe4 7#b7 ,use ,amounts distributed under paragraph 7#a7 may be used by a ,state or ,indian tribe only for the purposes authorized by section #djb7;g7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;g774 #e4 ,amounts distributed from ,abandoned ,mine ,reclamation ,fund ,section #dja7;f77#b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca7;f77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in the subparagraph heading1 by striking #bjbb and inserting #bjcg2 and 7,b7 in the matter preceding clause 7i71 by striking #bjbb and inserting #bjcg2 and 7#b7 in subparagraph 7,b7-- 7,a7 in the subparagraph heading1 by striking #bjbc and inserting #bjch2 7,b7 by striking #bjbc and inserting #bjch2 and 7,c7 by striking #bjbb and inserting #bjcg4 #f4 ,applicability of certain transfer requirement to payments to ,states and ,indian tribes ,section #djb7;i77#c7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;i77#c77 is amended by adding at the end the following3 7,c7 ,application ,subparagraph 7,b7 shall not apply to transfers to the ,secretary of the ,interior for distribution to ,states and ,indian tribes under paragraph 7#b74 4 #g4 ,additional grants from ,abandoned ,mine ,reclamation ,fund 7a7 ,in general ,title ,,iv of the ,surface ,mining ,control and ,reclamation ,act of #aigg is amended by inserting after section #dae 7#cj ,u4,s4,c4 #abdd7 the following3 #daf4 ,additional grants for priority #a and priority #b sites 7a7 ,definition of eligible ,state or ,indian tribe ,in this section1 the term eligible ,state or ,indian tribe means a ,state or ,indian tribe-- 7#a7 with an approved ,state ,reclamation ,plan under section #dje2 and 7#b7 that is not certified under section #daa7;a74 7b7 ,additional grants ,of amounts in the fund that are not otherwise appropriated1 #adj1jjj1jjj shall be made available to the ,secretary1 without further appropriation1 for each of fiscal years #bjba through #bjcf1 to make grants to eligible ,states and ,indian tribes for the conduct of reclamation projects designed to achieve the priorities described in paragraphs 7#a7 and 7#b7 of section #djc7;a74 7c7 ,requirement ,in making grants under subsection 7b7 to eligible ,states and ,indian tribes1 the ,secretary shall allocate the grants to those ,states and ,indian tribes based on the amount of coal historically produced in the ,state or from the ,indian lands concerned before ,august #c1 #aigg1 in the same manner as under section #djb7;g77#e74 4 7b7 ,conforming amendments 7#a7 ,section #dja of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca7 is amended-- 7,a7 in subsection 7c7-- 7i7 in paragraph 7#aj71 by striking and at the end2 7ii7 by redesignating paragraph 7#aa7 as paragraph 7#ab72 and 7iii7 by inserting after paragraph 7#aj7 the following3 7#aa7 to make additional grants under section #daf2 and 2 and 7,b7 in subsection 7d77#c71 by inserting and section #daf before the period at the end4 7#b7 ,section #djb7;g7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;g77 is amended-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by inserting and section #daf after subsection 7h72 and 7,b7 in paragraph 7#c71 by adding at the end the following3 7,f7 ,for the purpose of section #daf4 4 #h4 ,state memoranda of understanding for remediation of mine drainage2 community reclaimer partnerships 7a7 ,state memoranda of understanding for certain remediation of mine drainage ,section #dje of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abce7 is amended by adding at the end the following3 7m7 ,state memoranda of understanding for remediation of mine drainage 7#a7 ,authorization 7,a7 ,in general ,subject to the approval of the ,secretary and the ,administrator of the ,environmental ,protection ,agency 7referred to in this subsection as the ,administrator7 under paragraph 7#d71 a ,state with an approved ,state ,reclamation ,plan may enter into a memorandum of understanding with relevant ,federal or ,state agencies to remediate mine drainage on abandoned mine land and water impacted by abandoned mines within the ,state4 7,b7 ,updates ,a memorandum of understanding entered into under subparagraph 7,a7 may be updated as necessary and resubmitted for approval under paragraph 7#d74 7#b7 ,memoranda of understanding requirements 7,a7 ,in general ,a memorandum of understanding entered into under paragraph 7#a77;,a7 shall establish a strategy 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-- 7i7 ensuring that activities carried out to address mine drainage will result in improved water quality2 7ii7 monitoring1 sampling1 and reporting of collected information as necessary to achieve the condition required under clause 7i72 7iii7 operation and maintenance of treatment systems as necessary to achieve the condition required under clause 7i72 and 7iv7 other purposes1 as considered necessary by the ,state or ,federal agencies that are parties to the memorandum of understanding1 to achieve the condition required under clause 7i74 7,b7 ,requirement ,the strategy established under subparagraph 7,a7 shall be satisfactory to the ,state and ,federal agencies that are parties to the memorandum of understanding4 7#c7 ,public review and comment 7,a7 ,in general ,before submitting a memorandum of understanding to the ,secretary and the ,administrator for approval under paragraph 7#d71 a ,state shall-- 7i7 invite interested members of the public to comment on the memorandum of understanding2 and 7ii7 hold not less than #a public meeting concerning the memorandum of understanding in a location reasonably accessible to persons who may be affected by implementation of the memorandum of understanding4 7,b7 ,notice of meeting ,not later than #ae days before the date of a meeting under subparagraph 7,a71 the ,state shall publish notice of the meeting 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 7,a7 ,in general ,before entering into a memorandum of understanding under paragraph 7#a77;,a71 a ,state shall submit the memorandum of understanding to the ,secretary and the ,administrator for approval4 7,b7 ,deadline ,not later than #abj days after the date on which a ,state submits the memorandum of understanding for approval under subparagraph 7,a71 the ,secretary and the ,administrator shall approve or disapprove the memorandum of understanding4 7,c7 ,requirement ,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 additional activities to improve water quality under the approved ,state ,reclamation ,plan of the ,state4 7#e7 ,treatment as part of ,state plan ,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 ,state4 4 7b7 ,community reclaimer partnerships ,section #dje of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abce7 7as amended by subsection 7a77 is amended by adding at the end the following3 7n7 ,community ,reclaimer partnerships 7#a7 ,definition of community reclaimer ,in this subsection1 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-- 7i7 the creation of site conditions at the project site2 or 7ii7 activities that caused any land or waters at the project site 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 7#b7 ,authorization of community reclaimer projects ,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 7#c7 has been approved by the ,secretary in accordance with paragraph 7#d74 7#c7 ,project submission 7,a7 ,in general ,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 ,state4 7,b7 ,requirements ,a request submitted under subparagraph 7,a7 shall include-- 7i7 a description of the project1 including any engineering plans that include the seal of a professional engineer2 7ii7 a description of the #a or more project sites1 including1 if relevant1 the nature and extent of pollution resulting from mine drainage2 7iii7 identification of the past and current owners and operators of any project sites2 7iv7 the agreement or contract between the ,state and the community reclaimer to carry out the project2 7v7 a determination by the ,state that the project will facilitate the activities of the ,state ,reclamation ,plan under subsection 7e72 7vi7 sufficient information to determine whether the community reclaimer has the technical capability and expertise to successfully conduct the project2 7vii7 a cost estimate for the project2 7viii7 evidence that the community reclaimer has sufficient financial resources to ensure the successful completion of the project 7including any operation or maintenance costs72 7ix7 a schedule for completion of the project2 7x7 an agreement between the community reclaimer and the owner of the project site governing access to the project site2 7xi7 sufficient information to ensure that the community reclaimer meets the requirements of paragraph 7#a72 7xii7 a contingency plan designed to be used in response to unplanned adverse events that includes emergency actions1 response1 and notifications2 and 7xiii7 an agreement by the ,state that1 before the initiation of the project1 the ,state shall-- 7,i7 provide notice to adjacent and downstream landowners and the public2 and 7,,ii7 hold a public meeting near the project site4 7#d7 ,project ,approval ,not later than #abj days after the date on which the ,secretary receives a request submitted under paragraph 7#c77;,a71 the ,secretary shall approve the request for the community reclaimer to carry out the project1 if the ,secretary determines that-- 7,a7 the project-- 7i7 complies with the submission requirements under paragraph 7#c77;,b72 7ii7 will be conducted by a community reclaimer or #a or more approved subcontractors of the community reclaimer2 7iii7 will be conducted on #a or more sites inventoried under section #djc7;c72 7iv7 in the case of a project that remediates mine drainage1 is consistent with an approved ,state memorandum of understanding under subsection 7m72 and 7v7 is not in a category of projects that would require a permit under title ,v2 and 7,b7 the ,state that submitted the request-- 7i7 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 the community reclaimer and the owner of the project site1 if the community reclaimer or owner1 respectively1 did not participate in any way in the creation of site conditions at the project site or activities that caused any land or water to become eligible for reclamation or drainage abatement expenditures under section #djd2 7ii7 7,i7 has the necessary legal authority to carry out the project2 and 7,,ii7 will obtain all authorizations1 permits1 licenses1 and other approvals required by law to ensure completion of the project2 and 7iii7 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#c77;,b77xii774 4 7c7 ,clarifying ,state liability for mine drainage projects ,section #dac7;d7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abdb7;d77 is amended1 in the second sentence1 by striking ,act4 and inserting ,act1 unless that control or treatment will be conducted in accordance with a ,state memorandum of understanding approved under section #dje7m744 7d7 ,conforming amendments ,section #dje7;f7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abce7;f77 is amended-- 7#a7 in paragraph 7#f71 by striking and after the semicolon2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#h7 a list of projects proposed under subsection 7n74 4 #i4 ,department of the ,interior study and report on technological innovations for use in the abandoned mine land reclamation program 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall complete a study of technologies for use in the abandoned mine land reclamation program established under title ,,iv of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca et seq47 that would improve reclamation and reduce costs under the program1 including the application of technical innovations in the technology development and transfer program of the ,office of ,surface ,mining ,reclamation and ,enforcement1 including-- 7#a7 geomorphic reclamation2 7#b7 drone technology2 and 7#c7 other technologies that would-- 7,a7 improve overall reclamation2 7,b7 reduce costs of reclamation2 and 7,c7 improve safety4 7b7 ,report ,as soon as practicable after completing the study under subsection 7a71 the ,secretary of the ,interior shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report describing the results of the study that includes recommendations for areas of improvement identified under the study4 #aj4 ,department of the ,interior study and report to strengthen oversight of the abandoned mine land reclamation program 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall complete a study-- 7#a7 to identify areas throughout the abandoned mine land reclamation program established under title ,,iv of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca et seq47 in which costs could be reduced2 and 7#b7 to determine the ratio of overhead spending in the administration of the abandoned mine land reclamation program described in paragraph 7#a7 to spending on the clean up of abandoned mine land sites4 7b7 ,report ,as soon as practicable after completing the study under subsection 7a71 the ,secretary of the ,interior shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report describing the results of the study that includes recommendations for areas of improvement identified under the study4