HR 2753 IH
106th CONGRESS
1st Session
H. R. 2753
To authorize the Secretary of the Army to carry out a program for the
restoration of abandoned mine sites.
IN THE HOUSE OF REPRESENTATIVES
August 5, 1999
Mr. GIBBONS introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on Transportation and
Infrastructure, and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
A BILL
To authorize the Secretary of the Army to carry out a program for the
restoration of abandoned mine sites.
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 `Abandoned Mine Restoration Act of 1999'.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) NON-FEDERAL ENTITIES- The term `non-Federal entities' includes
nonprofit and private entities.
(2) PROGRAM- The term `program' means the program authorized under
section 3(a).
(3) SECRETARY- The term `Secretary' means the Secretary of the
Army.
SEC. 3. RESTORATION OF ABANDONED MINE SITES PROGRAM.
(a) IN GENERAL- Subject to the requirements of this section, the Secretary
may carry out a program to assist stewards of lands owned by the United States
and non-Federal entities to address environmental and water quality problems
caused by drainage and related activities from abandoned, inactive, and
post-production noncoal mines. The program shall be managed by the head of the
Sacramento District Office of the Corps of Engineers.
(b) CONSULTATION- The Secretary shall coordinate actions taken under the
program with appropriate Federal, State, and local agencies. Any project
conducted under the program on lands owned by the United States shall be
undertaken in consultation with the head of the Federal entity with
administrative jurisdiction over the lands.
(1) TYPES OF ASSISTANCE- In carrying out the program, the Secretary may
provide technical, planning, design, restoration, remediation, and
construction assistance to Federal and non-Federal entities for the purpose
of carrying out projects to address problems described in subsection
(a).
(2) REQUIREMENT FOR ASSISTANCE- The Secretary may only provide
assistance for a project under the program, if the Secretary determines that
the project--
(A) will improve the quality of the environment and is in the public
interest; and
(d) SPECIFIC MEASURES- Assistance may be provided under the program in
support of a Federal or non-Federal project for the following purposes:
(1) Response, control, and remediation of hazardous, toxic, and
radioactive waste and improvement of the quality of the environment
associated with an abandoned, inactive, or post-production noncoal mine, if
the Secretary finds that such activities are integral to carrying out the
environmental restoration project.
(2) Restoration and protection of streams, rivers, wetlands, and other
waterbodies and all ecosystems degraded, or with the potential to become
degraded, by drainage from an abandoned, inactive, or post-production
noncoal mine.
(3) Demonstration of treatment technologies, including innovative and
alternative technologies, to minimize or eliminate adverse environmental
effects associated with an abandoned, inactive, or post-production noncoal
mine.
(4) Demonstration of management practices to address environmental
effects associated with an abandoned, inactive, or post-production noncoal
mine.
(5) Remediation and restoration of an abandoned, inactive, or
post-production noncoal mine site for public health or safety
purposes.
(6) Expedite the closure, remediation, or restoration of an abandoned,
inactive, or post-production noncoal mine to minimize adverse impacts to the
environment.
(1) IN GENERAL- Except as provided by paragraph (2), the Federal share
of the cost of a project carried out under the program shall be 65 percent
of such cost.
(2) PROJECTS ON FEDERAL LANDS- With respect to projects carried out
under the program on Federal lands, the Federal share of the cost of the
project shall be 100 percent of such cost.
(f) CREDITS- For purposes of subsection (e), a non-Federal entity shall
receive credit toward the non-Federal share of the cost of a project--
(1) for all lands, easements, rights-of-way, and relocations, but not to
exceed 25 percent of total project cost;
(2) for design and construction services and other in-kind work;
(3) for grants and the value, as determined by the Secretary, of work
performed on behalf of the non-Federal entity by State and local agencies;
and
(4) for such costs as are incurred by the non-Federal entity in carrying
out studies and any preconstruction, engineering, or design activities
required for any construction to be conducted under the project, if the
Secretary determines that such activities are integral to the project.
(g) GRANTS AND REIMBURSEMENTS-
(1) GRANTS- The Federal share of the cost of a project under the program
may be provided in the form of grants to the non-Federal entity or direct
reimbursements to the non-Federal entity of project costs.
(2) REIMBURSEMENTS- Subject to the availability of appropriations, the
Secretary may reimburse a non-Federal interest an amount equal to the
estimate of the Federal share, without interest, of the cost of any work
(including work associated with studies, planning, design, and construction)
carried out by the non-Federal entity otherwise made eligible for
non-Federal assistance under this section.
(3) REIMBURSEMENTS FOR CONSTRUCTION WORK- Reimbursements for
construction work by a non-Federal entity as part of a project under the
program may be made only--
(A) if, before initiation of construction of the project, the
Secretary approves the plans for construction of the project by the
non-Federal entity;
(B) if the Secretary finds, after a review of studies and design
documents prepared pursuant to this section, that construction of the
project meets the requirements in subsection (d); and
(C) if the Secretary determines that the work for which reimbursement
is requested has been performed in accordance with applicable permits and
approved plans.
(h) OPERATION AND MAINTENANCE- The non-Federal share of operation and
maintenance costs for a project carried out under the program shall be 100
percent, except that, in the case of a project undertaken on Federal lands,
the Federal agency with management responsibility for the lands shall be
responsible for all operation and maintenance costs.
(i) EFFECT ON AUTHORITY OF SECRETARY OF THE INTERIOR- Nothing in this
section shall affect the authority of the Secretary of the Interior under the
Mining Law of 1872 or title IV of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1231 et seq.).
(j) COST LIMITATION- Not more than $10,000,000 of the amounts appropriated
to carry out this section may be allotted for projects in a single locality,
but the Secretary may accept funds voluntarily contributed by the non-Federal
or Federal entity for the purpose of expanding the scope of the services
requested by the non-Federal or Federal entity.
(k) LIMITATION ON ACTIONS- Notwithstanding any other provision of law, the
Secretary or any State or political subdivision (including any local district)
which has implemented or will implement any remedial action which is
consistent with a State and Environmental Protection Agency approved
remediation plan, and any State approved modification thereof, at an abandoned
mine site and adjacent lands to provide water quality protection, shall not be
treated, based on actions taken consistent with the plan, to be--
(1) the owner or operator of the site, or arranger or transporter for
disposal;
(2) responsible for any discharge or release of pollutants,
contaminants, or hazardous substances on or from the abandoned mine site or
adjacent lands, including discharges or releases which have been affected by
the activities of the remedial action; or
(3) subject to any enforcement action pursuant to Federal law, except
for violations involving gross negligence.
In this subsection, the term `gross negligence' means reckless, willful,
or wanton misconduct.
(l) WESTERN UNIVERSITIES MINE-LAND RECLAMATION AND RESTORATION CONSORTIUM-
The Secretary may provide assistance to the Western Universities Mine-Land
Reclamation and Restoration Consortium, which includes the University of
Nevada, the New Mexico Institute of Mining and Technology, the University of
Idaho, and the University of Alaska, for the purposes of carrying out the
purposes of the program.
(m) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $45,000,000 for fiscal years beginning
after September 30, 1999.
END