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
H. R. 6233 is a plan to help fix land and water areas hurt by coal mining a long time ago. It lets states team up with groups to clean things up, and they need permission from special people in the government to do this.
Summary AI
H. R. 6233 aims to amend the Surface Mining Control and Reclamation Act of 1977 to enable partnerships between States and non-governmental organizations for reclaiming and restoring land and water systems harmed by coal mining activities before August 3, 1977. The bill allows States with an approved program to enter into memoranda of understanding with federal and state agencies to address water pollution from mine drainage. It sets guidelines for public involvement and requires approval from the Secretary of the Interior and the Environmental Protection Agency Administrator. The bill will be effective until September 30, 2030, and includes provisions for liability and funding related to such partnerships.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
General Summary of the Bill
The bill titled the "Community Reclamation Partnerships Act" seeks to amend the existing Surface Mining Control and Reclamation Act of 1977. This amendment aims to facilitate partnerships between states and nongovernmental entities to tackle the reclamation and restoration of land and water resources adversely affected by coal mining activities prior to August 3, 1977. The bill permits the development of memoranda of understanding (MOUs) between states and federal or state agencies to effectively remediate mine drainage on abandoned mine lands. Furthermore, it outlines the approval of projects led by community reclaimers to restore these lands, establishing a framework of public involvement, project monitoring, and evaluation criteria. The Act is set to remain effective until September 30, 2030.
Summary of Significant Issues
Definition and Oversight of 'Community Reclaimer': The definition of "Community Reclaimer" is broad, possibly permitting entities with conflicting interests to participate without strict oversight or clear criteria to ensure their suitability.
State Financial Liabilities: There are concerns about the potential financial liabilities for states, as the bill requires them to assume responsibility for damages, except in cases of gross negligence or intentional misconduct. This poses financial risks without clear delineation of these liabilities.
State Liability Clarity: The circumstances under which state liability is clarified in the bill are vague. This ambiguity could lead to legal disputes regarding the interpretations of "control or treatment" in accordance with a state memorandum of understanding.
Public Involvement and Notification: There is potential for inconsistent public outreach and involvement, as the requirements for publishing notices may not effectively reach all impacted populations, raising concerns about adequate public participation.
Approval Delays: The 120-day approval period for projects by federal authorities could potentially delay the remediation efforts, affecting the timely addressing of mine pollution issues.
Advance Public Awareness: The procedures for public notification might be insufficient to ensure comprehensive public awareness and involvement, particularly among less reachable groups.
Administrative Clarity: The addition of items in legislative lists without detailed context can introduce ambiguity, potentially causing confusion in legal or administrative applications.
Impact on the Public and Stakeholders
Broad Public Impact:
The bill could significantly benefit communities around old coal mining sites by driving efforts to clean and restore adversely affected lands and waterways. This is particularly advantageous for environmental and public health, as remediation could lead to improved ecosystem health and potentially safer drinking water sources.
Specific Stakeholders:
State Governments: While the bill empowers states to lead reclamation efforts, it does also saddle them with considerable financial responsibilities and liabilities that could strain state resources without proper safeguards.
Community Reclaimers and Nongovernmental Entities: These groups might find new opportunities to engage in restoration projects; however, it's necessary that proper oversight is established to avoid conflicts of interest and ensure environmental and community goals are prioritized.
Local Communities: Residents within the vicinity of affected areas are likely to see environmental and economic benefits from land rehabilitation. Yet, the success of these outcomes is contingent upon effective public engagement and timely project approvals.
Environmental Administrators and Federal Agencies: The agencies tasked with project approval and oversight might face challenges keeping up with the demand for timely reviews and aligning with the stipulations outlined in the MOUs.
Overall, while the bill presents a potentially positive framework for addressing the historical impact of coal mining, it comes with challenges that need strategic management to protect community and environmental interests effectively.
Issues
The definition of 'Community Reclaimer' in Section 3 might allow entities with conflicting interests to participate without sufficient oversight or criteria to ensure they are suitable for the role, potentially leading to ethical and legal concerns.
The potential financial liabilities for the State under Section 3, where the State assumes responsibility for damages except in cases of gross negligence or intentional misconduct, might be unclear or unlimited, posing financial risks.
The ambiguous circumstances under which state liability is clarified in Section 4 could lead to legal disputes over what constitutes 'control or treatment' in accordance with a State memorandum of understanding.
The provision for public review and comment in Section 3 may result in inconsistent outreach efforts, potentially overlooking affected but less reachable populations, raising ethical concerns about adequate public involvement.
The 120-day period for approval or disapproval by the Secretary and the Administrator in Sections 3 and Section 3(n)(1) could lead to potential delays in project implementation, affecting the timely remediation of mine drainage issues.
The lack of oversight or accountability mechanisms in Section 4 to ensure that states properly execute the control or treatment per the memorandum raises concerns about enforcement and effectiveness.
The requirement for publication of notice in Section 3 could be insufficient for ensuring comprehensive public awareness, particularly for less reachable populations, posing ethical and access concerns.
The insertion of a new item in a list in Section 5 without additional context or definition might lead to ambiguity regarding its application and interpretation, causing potential legal or administrative confusion.
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.