H.R. 2937, Community Reclamation Partnerships Act

Floor Situation

On Monday, October 2, 2017, the House will H.R. 2937, the Community Reclamation Partnerships Act, under suspension of the rules. The bill was introduced on June 20, 2017, by Rep. Darin LaHood (R-IL) and was referred to the Committee on Natural Resources, which ordered the bill reported, on July 26, 2017 by unanimous consent.

Summary

H.R. 2937 amends 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.

The bill recognizes these NGOs as “Community Reclaimers” and minimizes their liability by enabling the state to assume responsibility for all Community Reclaimer projects.

The bill also allows for agreements between states and federal agencies establishing approved acid mine drainage abatement practices at abandoned mine sites, and would allow Community Reclaimers to execute these projects in accordance with the agreements.

Background

Over $10.5 billion worth of abandoned coal mines sites are found in the United States, with no party legally responsible for cleaning the site up[1]. Many of these mines pose health, safety and environmental risks, burdening landowners and inhibiting opportunities for economic development.

The Abandoned Mine Lands (AML) Fund, financed by a fee on each ton of coal produced, is available to help clean up these sites, but a shrinking coal industry means less money is available. States are responsible for reclaiming these abandoned mine sites and the slow progress has encouraged nongovernmental organizations to offer to contribute their resources toward these projects. However, there are several hurdles that prevent their participation, including potential liability and compliance responsibilities, such as meeting Clean Water Act standards for acid mine drainage (AMD). AMD is acidic water that has been contaminated with naturally occurring heavy metals found in disturbed soil and rock from past mining activity[2]. AMD presents additional challenges in reclaiming mines given that states are required to meet Clean Water Act standards when constructing water treatment plants for AMD. Even after extensive reclamation and water treatment efforts, bodies of water with AMD will never be able to meet CWA standards due to naturally occurring processes and minerals at these sites[3]. H.R. 2937 addresses these concerns by exempting states and nongovernmental organizations conducting treatments under these agreements from certain requirements under the Clean Water Act.

According to the bill’s sponsor, “While mining is an important part of Illinois’ economy, abandoned mines continue to present safety dangers and missed opportunities for new development. That is why I have introduced this bill, which would protect third-party groups from frivolous lawsuits when they attempt to clean up or re-purpose these abandoned mines. No group should be punished for wanting to help out their local community in this way. I look forward to seeing this bill move forward with bipartisan support.”[4]

Cost

The Congressional Budget Office (CBO) estimates that the bill would cost less than $500,000 a year over 2018-2022. However, such spending would be subject to the availability of appropriated funds.

Staff Contact

For questions or further information please contact Dominique Yantko with the House Republican Policy Committee by email or at 3-1555.