S 1003

112th CONGRESS
1st Session

S. 1003

To amend the Surface Mining Control and Reclamation Act of 1977 to limit the liability of a State performing reclamation work under an approved State abandoned mine reclamation plan.

IN THE SENATE OF THE UNITED STATES

May 16, 2011

Mr. TESTER introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

To amend the Surface Mining Control and Reclamation Act of 1977 to limit the liability of a State performing reclamation work under an approved State abandoned mine reclamation plan.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. STATE LIABILITY UNDER A RECLAMATION PROGRAM.

    Section 405(l) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235(l)) is amended by striking subsection (l) and inserting the following:

    `(l) State Liability-

      `(1) DEFINITION OF GROSS NEGLIGENCE- In this subsection, the term `gross negligence' means reckless, willful, or wanton misconduct by a State.

      `(2) LIABILITY- No State shall be liable under any provision of Federal law for any costs or damages incurred as a result of action taken or omitted in the course of carrying out a State abandoned mine reclamation plan under this section, including reclamation activities conducted by a State pursuant to a State abandoned mine reclamation plan approved under this section.

      `(3) EXCEPTIONS- This subsection shall not preclude liability for any costs or damages incurred as a result of gross negligence or intentional misconduct by the State.'.

END