Overview
Title
An Act 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.
ELI5 AI
The "Community Reclamation Partnerships Act" is a plan to let states and nonprofits work together to clean up and fix places that were harmed by coal mining a long time ago, before 1977. This means they can take care of dirty water from old mines and make sure people have a chance to say what they think before the work starts.
Summary AI
H.R. 6233, known as the "Community Reclamation Partnerships Act," aims to amend the Surface Mining Control and Reclamation Act of 1977. The bill authorizes partnerships between states and nonprofit entities to reclaim and restore lands and waters affected by coal mining activities before August 3, 1977. It allows states to create memoranda of understanding with federal or state agencies to manage and improve water quality from mine drainage. The act also clarifies state responsibilities for mine drainage projects and requires public input before approving these reclamation initiatives.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
General Summary of the Bill
The Community Reclamation Partnerships Act aims to amend the Surface Mining Control and Reclamation Act of 1977. Its primary goal is to facilitate partnerships between states and nongovernmental organizations to reclaim and restore land and water resources adversely affected by coal mining activities that occurred before August 3, 1977. Key provisions include allowing states to enter memorandums of understanding with federal or state agencies to remediate mine drainage and establish projects led by "Community Reclaimers" to restore abandoned mine lands.
Summary of Significant Issues
Several issues arise from the bill's language and provisions. One significant concern is the vagueness regarding which federal or state agencies are involved in remediation efforts, which could lead to ambiguous responsibilities and insufficient coordination. Another issue is the potential for financial liability for states if they assume responsibility for costs or damages resulting from reclamation projects. The definition of "Community Reclaimer" is broad, allowing various entities to participate without sufficient oversight, which might lead to conflicting interests.
Additionally, the bill outlines the use of sale proceeds from reprocessed materials without clear transparency and accountability measures, which may lead to potential conflicts of interest. The process for public involvement in remediation projects could overlook affected populations due to varied notice methods. Moreover, the potential for delays in project approvals, given the 120-day evaluation period by federal officials, might hinder timely project initiation.
Impact on the Public and Specific Stakeholders
Broadly, the bill could positively impact the public by addressing the long-standing problem of land and water pollution caused by historical coal mining. Successful reclamation projects could improve environmental conditions, reduce hazards, and potentially increase land value in affected areas. However, the lack of clarity and oversight in partnership definitions and project approval processes might slow down these benefits or lead to mismanagement.
Specific stakeholders such as state governments might face increased financial and administrative burdens given the responsibility for project costs and potential damages. Nongovernmental entities interested in participating as Community Reclaimers might benefit from being involved in ecological restoration efforts and even receive proceeds from materials reprocessing. Conversely, those not carefully vetted might pose a risk if their interests do not align with public or environmental welfare.
The bill may also impact local communities near former mining sites. On one hand, these communities could benefit from cleaner environments and associated health benefits. On the other hand, they might experience project delays or insufficient engagement due to inconsistent public notification practices.
Overall, while the bill seeks to address important environmental concerns stemming from historic mining activities, its success heavily depends on clarifying responsibilities, ensuring proper oversight, and fostering transparent and inclusive public involvement. Without addressing these concerns, the effectiveness of the bill could be compromised, potentially delaying much-needed reclamation efforts.
Issues
The term 'relevant Federal or State agencies' in Section 3(m) is vague, leading to ambiguity about which specific agencies are involved in remediation efforts.
Section 3(n)(1)(E) might create significant financial liabilities for States as they assume responsibility for project costs or damages, except in cases of gross negligence or intentional misconduct by the Community Reclaimer.
The definition of 'Community Reclaimer' in Section 3(n)(4) is broad, which could allow entities with conflicting interests to participate without sufficient oversight or criteria to ensure suitability.
In Section 3(n)(3)(B), there is potential for conflict of interest as proceeds from material sales are used to defray costs and reimbursements, lacking transparency and accountability controls.
Section 3(m)(3)(B) might result in inconsistent outreach efforts as it involves various methods of publishing notices for public meetings, potentially overlooking affected populations.
The reference to 'this Act' in Section 2 is ambiguous without additional context, causing confusion as it presumes knowledge of the Surface Mining Control and Reclamation Act of 1977.
The amendment in Section 4 could be confusing due to ambiguity regarding circumstances under which State liability is clarified, particularly around control or treatment conducted in accordance with a State memorandum of understanding.
There is potential for delays in project approvals due to the 120-day period allowed for the Secretary and Administrator to approve or disapprove a memorandum or project in Section 3(m)(4) and Section 3(n)(1).
Section 5 lacks details about the projects proposed under subsection (n), creating ambiguity and potential for wasteful spending or favoritism if projects are not clearly defined or managed.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the act states its short title, allowing it to be referred to as the “Community Reclamation Partnerships Act.”
2. Reference Read Opens in new tab
Summary AI
Whenever this law talks about changing something, it is referring to changes in the Surface Mining Control and Reclamation Act of 1977.
3. State memoranda of understanding for certain remediation Read Opens in new tab
Summary AI
The section allows states with approved programs to create agreements with federal or state agencies to clean up water pollution from abandoned mines. These agreements must include strategies to improve water quality and procedures for monitoring and maintenance, and they must be open for public review before approval. Additionally, it describes rules for projects led by "Community Reclaimers" to restore abandoned mine lands, requiring state agreements, project descriptions, and public notices before the projects start.
4. Clarifying State liability for mine drainage projects Read Opens in new tab
Summary AI
The proposed amendment to Section 413(d) clarifies that states will not be held liable for controlling or treating mine drainage projects if their actions are aligned with a state memorandum of understanding approved under a specified section of the existing law.
5. Conforming amendments Read Opens in new tab
Summary AI
The section makes changes to Section 405(f) of a legal code by removing certain punctuation in the existing text and adding a new requirement for a list of proposed projects.
6. Sunset provision Read Opens in new tab
Summary AI
The section known as the "Sunset provision" states that this Act will remain valid until September 30, 2030.