The Community Reclamation Partnerships Act of 2025 establishes state agreements and processes for "Community Reclaimers" to clean up abandoned mine pollution, contingent on public input and specific liability protections, until September 30, 2032.
Darin LaHood
Representative
IL-16
The Community Reclamation Partnerships Act of 2025 establishes new mechanisms for states to partner with private entities, called "Community Reclaimers," to clean up abandoned mine pollution, particularly focusing on water quality improvement. This is achieved through state Memorandums of Understanding (MOUs) that require public input and federal approval. The Act also provides liability protection for these Reclaimers and the site owners, provided the state assumes responsibility for ongoing maintenance and operational costs. All provisions of this Act are set to expire on September 30, 2032.
New Act Shifts Mine Cleanup Liability to States While Bringing in Private 'Community Reclaimers'
The newly proposed Community Reclamation Partnerships Act of 2025 aims to accelerate the cleanup of pollution from abandoned mines, particularly the toxic runoff that fouls up local water sources. The core of this bill is creating a formal path for states to team up with federal agencies like the EPA to tackle these sites. Specifically, it allows states with approved cleanup programs to create Memoranda of Understanding (MOUs) detailing a strategy for fixing mine drainage problems, complete with monitoring and maintenance plans. This isn’t just a handshake; the MOU must be approved by the Secretary and the EPA Administrator within 120 days and requires public input—including at least one public meeting—before it’s finalized.
The Rise of the 'Community Reclaimer'
This bill introduces a new player to the cleanup game: the “Community Reclaimer.” This is essentially any person or company that volunteers to help the state with a reclamation project, provided they weren't the ones who caused the original pollution. To get projects moving, the bill sets up a process where the state submits the Reclaimer’s plan for federal approval. This is where the rubber meets the road, because the state must confirm it has the technical authority and, critically, enough money to finish the project, including long-term operations and maintenance for water treatment systems.
The Big Catch: State Liability for Private Work
Here’s the provision that busy people need to pay attention to: liability. To incentivize these Community Reclaimers—and the site owners who didn't cause the pollution—to participate, the state must sign an agreement taking on almost all responsibility for any costs or damages caused by the Reclaimer's work. The only exceptions are cases of gross negligence or intentional wrongdoing. Think of it this way: a private company gets paid to clean up a toxic site, but if something goes wrong—say, the new treatment system fails and causes damage—the state (and by extension, the taxpayers) is on the hook for the costs, not the contractor or the site owner. This is a significant transfer of financial risk from private entities to the state budget, which could lead to large, unforeseen liabilities for state governments down the road.
Reprocessing and the Expiration Date
The Act does provide a mechanism to offset some costs. Community Reclaimers can reprocess and sell materials recovered from the site—things like 'historic mine residue'—but all the money made must go directly back into funding the cleanup and reimbursing federal agencies. This potentially lowers the public cost of remediation but requires careful oversight. Finally, for those tracking long-term policy, this entire Act is temporary. Section 6 includes a sunset provision, meaning all the new rules, MOUs, and liability protections established by this law will automatically expire on September 30, 2032, unless Congress acts to extend it.