Community Reclamation Partnerships Act of 2025
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Would allow states to partner with nongovernmental volunteers — called 'community reclaimers' — to clean up abandoned coal mine sites that predate 1977, and would let states enter agreements with federal and state agencies to address mine drainage pollution.
The bill would provide liability protection to community reclaimers who did not cause the original contamination, a long-standing barrier to voluntary cleanup of orphaned mine sites.
What this bill would do
What it would do
The bill would amend the Surface Mining Control and Reclamation Act of 1977 to create two new pathways for cleaning up abandoned pre-1977 coal mine sites. First, states with approved reclamation programs could enter memoranda of understanding (MOUs) with relevant federal or state agencies to remediate mine drainage — water pollution flowing from old mines. Those MOUs would require a pollution-improvement strategy, monitoring and reporting procedures, and public comment before taking effect. Second, the bill would authorize formal partnerships between states and "community reclaimers" — private individuals or organizations that voluntarily assist cleanup — on specific approved projects, provided the reclaimer played no role in creating the original contamination and holds no outstanding surface-coal-mining permit violations.
The bill would not create new liability for voluntary reclaimers; instead, participating states would assume responsibility for costs and damages arising from community reclaimer activities, except in cases of gross negligence or intentional misconduct. Community reclaimers could reprocess recovered mine materials only if proceeds go toward remediation costs and federal reimbursement. All provisions would expire on September 30, 2032.
Key provisions
- 1Would allow states with approved reclamation programs to enter MOUs with federal or state agencies to remediate mine drainage, subject to a public comment and approval process.
- 2Would require state-submitted MOUs to include strategies for improving water quality, monitoring, sampling, reporting, and operation and maintenance of treatment systems.
- 3Would authorize states to partner with community reclaimers — volunteers who did not cause site contamination and have no outstanding permit violations — on approved abandoned mine reclamation projects.
- 4Would require states to assume liability for costs and damages arising from community reclaimer actions, except those caused by gross negligence or intentional misconduct.
- 5Would allow community reclaimers to reprocess recovered historic mine residue only if proceeds defray remediation costs and reimburse relevant federal agencies.
- 6Would clarify that state liability under the Federal Water Pollution Control Act for mine drainage control or treatment is modified when conducted under an approved state MOU.
- 7Would set a sunset date of September 30, 2032, after which the Act's authorities would expire.
Who would be affected
States with approved abandoned mine land reclamation programs that wish to expand cleanup activity; private companies, nonprofits, or individuals willing to volunteer as community reclaimers on specific mine sites; landowners adjacent to or downstream from proposed project sites who receive notice and public-meeting rights; and communities near streams and waterways impaired by historic mine drainage.
Why it matters
Thousands of pre-1977 abandoned mine sites remain unreclaimed because voluntary cleanup volunteers face potential liability for contamination they did not cause. By shifting that liability to the state — except for gross negligence — and creating a structured federal approval process, the bill could unlock private-sector and nonprofit investment in cleanups that state reclamation budgets alone have been unable to address. The 2032 sunset limits the program's duration and would require Congress to reauthorize it to continue.
What would change
Changes to existing law
Amends Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) (Sec. 3)
Adds new subsections (m) and (n) to Section 405, authorizing state mine-drainage MOUs and community reclaimer partnerships for abandoned mine remediation.
Amends Surface Mining Control and Reclamation Act of 1977, Section 413(d) (30 U.S.C. 1242(d)) (Sec. 4)
Adds an exception to state liability for mine drainage control or treatment when conducted under an approved state MOU.
Amends Surface Mining Control and Reclamation Act of 1977, Section 405(f) (30 U.S.C. 1235(f)) (Sec. 5)
Adds a requirement for state reclamation plans to list proposed community reclaimer projects.
Agencies directed to act
Effective dates
- All Act authorities expire — the entire Act sunsets
How implementation would work
"States initiate the process by drafting either an MOU for mine-drainage remediation or a community reclaimer project submission, each requiring public notice, at least one public meeting with a 15-day advance notice, and a 30-day comment period. States then submit documents to the Interior Secretary and EPA Administrator (for MOUs) or solely to the Secretary (for community reclaimer projects), who must approve or disapprove within 120 days. Approved MOUs become part of the state's reclamation plan. Community reclaimer project submissions must include engineering plans, cost estimates, site-access agreements, contingency plans, and evidence of the reclaimer's technical and financial capacity. States assume legal and financial responsibility for project completion."
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Official CRS summary
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This bill revises the Abandoned Mine Land Reclamation Program, which restores land and water adversely impacted by surface coal mines that were abandoned before August 3, 1977.
Until September 30, 2032, the bill allows a state with an approved reclamation program to enter into a memorandum of understanding with relevant federal or state agencies for remediating mine drainage on abandoned mine land and water impacted by abandoned mines.
In addition, the bill authorizes a partnership between a state and a community reclaimer for remediating abandoned mine land if certain conditions are met. A community reclaimer is a person who (1) voluntarily assists a state in a reclamation project, (2) did not participate in the creation of site conditions at the proposed site or activities that caused any land or waters at the site to become eligible for reclamation or drainage abatement expenditures, and (3) is not subject to outstanding violations of surface coal mining permits.
Legislative subjects
Coal; Environmental Protection; Environmental assessment, monitoring, research; Government liability; Hazardous wastes and toxic substances; Intergovernmental relations; Land use and conservation; Mining; Public participation and lobbying; State and local government operations; Water quality