[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 728 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 728
To amend the Surface Mining Control and Reclamation Act of 1977 to
provide funds to States and Indian tribes for the purpose of promoting
economic revitalization, diversification, and development in
economically distressed communities through the reclamation and
restoration of land and water resources adversely affected by coal
mining carried out before August 3, 1977, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2017
Mr. McConnell (for himself and Mrs. Capito) 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
provide funds to States and Indian tribes for the purpose of promoting
economic revitalization, diversification, and development in
economically distressed communities through the reclamation and
restoration of land and water resources adversely affected by coal
mining carried out before August 3, 1977, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revitalizing the Economy of Coal
Communities by Leveraging Local Activities and Investing More Act of
2017'' or the ``RECLAIM Act of 2017''.
SEC. 2. ECONOMIC REVITALIZATION FOR COAL COUNTRY.
(a) In General.--Title IV of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended by adding
at the end the following:
``SEC. 416. ABANDONED MINE LAND ECONOMIC REVITALIZATION.
``(a) Purpose.--The purpose of this section is to promote economic
revitalization, diversification, and development in economically
distressed mining communities through the reclamation and restoration
of land and water resources adversely affected by coal mining carried
out before August 3, 1977.
``(b) In General.--From amounts deposited into the fund under
section 401(b) before October 1, 2007, and not otherwise appropriated
to the extent such funds are available, $200,000,000 shall be made
available to the Secretary, without further appropriation, for each of
fiscal years 2017 through 2021 for distribution to States and Indian
tribes in accordance with this section for reclamation and restoration
projects at sites identified as priorities under section 403(a):
Provided, That if less than $200,000,000 is available in any fiscal
year to the Secretary, such remaining amount shall be made available to
the Secretary, without further appropriation, and such fiscal year
shall end distributions made available under this section.
``(c) Use of Funds for Priority Sites.--Funds distributed to a
State or Indian tribe under subsection (d) shall be used only for
projects classified under the priorities of section 403(a). In
addition, if the project is classified under paragraph (3) of such
section, the project also must meet the following criteria:
``(1) Contribution to future economic or community
development.--
``(A) In general.--The project, upon completion of
reclamation, is intended to create favorable conditions
for the economic development of the project site or
create favorable conditions that promote the general
welfare through economic and community development of
the area in which the project is conducted.
``(B) Demonstration of conditions.--Such conditions
are demonstrated by--
``(i) documentation of the role of the
project in such area's economic development
strategy or other economic and community
development planning process;
``(ii) any other documentation of the
planned economic and community use of the
project site after the primary reclamation
activities are completed, which may include
contracts, agreements in principle, or other
evidence that, once reclaimed, the site is
reasonably anticipated to be used for one or
more industrial, commercial, residential,
agricultural, or recreational purposes; or
``(iii) any other documentation agreed to
by the State or Indian tribe that demonstrates
the project will meet the criteria set forth in
this subsection.
``(2) Location in community affected by recent decline in
mining.--The project will be conducted in a community--
``(A) that has been adversely affected economically
by a recent reduction in coal mining-related activity,
as demonstrated by employment data, per capita income,
or other indicators of reduced economic activity
attributable to such reduction; or
``(B)(i) that has historically relied on coal
mining for a substantial portion of its economy; and
``(ii) in which the economic contribution of coal
mining has significantly declined.
``(3) Stakeholder collaboration.--
``(A) In general.--The project has been the subject
of project planning under subsection (g) and has been
the focus of collaboration, including partnerships, as
appropriate, with interested persons or local
organizations.
``(B) Public notice.--As part of project planning,
the public has been notified and has been given an
opportunity to comment at a public meeting convened in
a community near the proposed site.
``(4) Eligible applicants.--The project has been proposed
by entities of State, local, county, or tribal governments, or
local organizations, and will be approved and executed by State
or tribal programs, approved under section 405 or referred to
in section 402(g)(8)(B), which may include subcontracting
project-related activities, as appropriate.
``(d) Distribution of Funds.--
``(1) Uncertified states.--
``(A) In general.--From the amount made available
in subsection (b), the Secretary shall distribute
$195,000,000 annually for each of fiscal years 2017
through 2021 to States and Indian tribes that have a
State or tribal program approved under section 405 or
are referred to in section 402(g)(8)(B), and have not
made a certification under section 411(a) in which the
Secretary has concurred, as follows:
``(i) Four-fifths of such amount shall be
distributed based on the proportion of the
amount of coal historically produced in each
State or from the lands of each Indian tribe
concerned before August 3, 1977.
``(ii) One-fifth of such amount shall be
distributed based on the proportion of
reclamation fees paid during the period of
fiscal years 2012 through 2016 for lands in
each State or lands of each Indian tribe
concerned.
``(B) Supplemental funds.--Funds distributed under
this section--
``(i) shall be in addition to, and shall
not affect, the amount of funds distributed--
``(I) to States and Indian tribes
under section 401(f); and
``(II) to States and Indian tribes
that have made a certification under
section 411(a) in which the Secretary
has concurred, subject to the cap
described in section 402(i)(3); and
``(ii) shall not reduce any funds
distributed to a State or Indian tribe by
reason of the application of section 402(g)(8).
``(2) Additional funding to certain states and indian
tribes.--
``(A) Eligibility.--From the amount made available
in subsection (b), the Secretary shall distribute
$5,000,000 annually for each of the five fiscal years
beginning with fiscal year 2017 to States and Indian
tribes that have a State program approved under section
405 and have made a certification under section 411(a)
in which the Secretary has concurred.
``(B) Application for funds.--Using the process in
section 405(f), any State or Indian tribe described in
subparagraph (A) may submit a grant application to the
Secretary for funds under this paragraph. The Secretary
shall review each grant application to confirm that the
projects identified in the application for funding are
eligible under subsection (c).
``(C) Distribution of funds.--The amount of funds
distributed to each State or Indian tribe under this
paragraph shall be determined by the Secretary based on
the demonstrated need for the funding to accomplish the
purpose of this section.
``(3) Reallocation of uncommitted funds.--
``(A) Committed defined.--For purposes of this
paragraph the term `committed'--
``(i) means that funds received by the
State or Indian tribe--
``(I) have been exclusively applied
to or reserved for a specific project
and therefore are not available for any
other purpose; or
``(II) have been expended or
designated by the State or Indian tribe
for the completion of a project;
``(ii) includes use of any amount for
project planning under subsection (g); and
``(iii) reflects an acknowledgment by
Congress that, based on the documentation
required under subsection (c)(2)(B), any
unanticipated delays to commit such funds that
are outside the control of the State or Indian
tribe concerned shall not affect its
allocations under this section.
``(B) Fiscal years 2020 and 2021.--For each of
fiscal years 2020 and 2021, the Secretary shall
reallocate in accordance with subparagraph (D) any
amount available for distribution under this subsection
that has not been committed to eligible projects in the
preceding 2 fiscal years, among the States and Indian
tribes that have committed to eligible projects the
full amount of their annual allocation for the
preceding fiscal year.
``(C) Fiscal year 2022.--For fiscal year 2022, the
Secretary shall reallocate in accordance with
subparagraph (D) any amount available for distribution
under this subsection that has not been committed to
eligible projects or distributed under paragraph
(1)(A), among the States and Indian tribes that have
committed to eligible projects the full amount of their
annual allocation for the preceding fiscal years.
``(D) Amount of reallocation.--The amount
reallocated to each State or Indian tribe under each of
subparagraphs (B) and (C) shall be determined by the
Secretary to reflect, to the extent practicable--
``(i) the proportion of unreclaimed
eligible lands and waters the State or Indian
tribe has in the inventory maintained under
section 403(c);
``(ii) the average of the proportion of
reclamation fees paid for lands in each State
or lands of each Indian tribe concerned; and
``(iii) the proportion of coal mining
employment loss incurred in the State or on
lands of the Indian tribe, respectively, as
determined by the Mine Safety and Health
Administration, over the 5-year period
preceding the fiscal year for which the
reallocation is made.
``(e) Resolution of Secretary's Concerns; Congressional
Notification.--If the Secretary does not agree with a State or Indian
tribe that a proposed project meets the criteria set forth in
subsection (c)--
``(1) the Secretary and the State or tribe shall meet and
confer for a period of not more than 45 days to resolve the
Secretary's concerns, except that such period may be shortened
by the Secretary if the Secretary's concerns are resolved;
``(2) during that period, at the State's or Indian tribe's
request, the Secretary may consult with any appropriate Federal
agency; and
``(3) at the end of that period, if the Secretary's
concerns are not resolved the Secretary shall provide to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
an explanation of the concerns and such project proposal shall
not be eligible for funds distributed under this section.
``(f) Acid Mine Drainage Treatment.--
``(1) In general.--Subject to paragraph (2), a State or
Indian tribe that receives funds under this section may use up
to 30 percent of such funds as necessary to supplement the
State's or tribe's acid mine drainage abatement and treatment
fund established under section 402(g)(6)(A), for future
operation and maintenance costs for the treatment of acid mine
drainage associated with the individual projects funded under
this section. A State or Indian tribe shall specify the total
funds allotted for such costs in its application submitted
under subsection (d)(2)(B).
``(2) Condition.--A State or Indian tribe may use funds
under this subsection only if the State or tribe can
demonstrate that the annual grant distributed to the State or
tribe pursuant to section 401(f), including any interest from
the State's or tribe's acid mine drainage abatement and
treatment fund that is not used for the operation or
maintenance of preexisting acid mine drainage treatment
systems, is insufficient to fund the operation and maintenance
of any acid mine drainage treatment system associated with an
individual project funded under this section.
``(g) Project Planning and Administration.--
``(1) States and indian tribes.--
``(A) In general.--A State or Indian tribe may use
up to 10 percent of its annual distribution under this
section for project planning and the costs of
administering this section.
``(B) Planning requirements.--Planning under this
paragraph may include--
``(i) identifying eligible projects;
``(ii) updating the inventory referred to
in section 403(c);
``(iii) developing project designs;
``(iv) collaborating with stakeholders,
including public meetings;
``(v) preparing cost estimates; or
``(vi) engaging in other similar activities
necessary to facilitate reclamation activities
under this section.
``(2) Secretary.--The Secretary may expend, from amounts
made available to the Secretary under section 402(g)(3)(D), not
more than $3,000,000 during the fiscal years for which
distributions occur under subsection (b) for staffing and other
administrative expenses necessary to carry out this section.
``(h) Report to Congress.--The Secretary shall provide to the
Committee on Natural Resources of the House of Representatives, the
Committees on Appropriations of the House of Representatives and the
Senate, and the Committee on Energy and Natural Resources of the Senate
at the end of each fiscal year for which such funds are distributed a
detailed report--
``(1) on the various projects that have been undertaken
with such funds;
``(2) the extent and degree of reclamation using such funds
that achieved the priorities described in paragraph (1) or (2)
of section 403(a);
``(3) the community and economic benefits that are
resulting from, or are expected to result from, the use of the
funds that achieved the priorities described in paragraph (3)
of section 403(a); and
``(4) the reduction since the previous report in the
inventory referred to in section 403(c).''.
(b) Clerical Amendment.--The table of contents in the first section
of the Surface Mining Control and Reclamation Act of 1977 is amended by
adding at the end of the items relating to title IV the following:
``Sec. 416. Abandoned mine land economic revitalization.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
The Surface Mining Control and Reclamation Act of 1977 is amended--
(1) in section 401(c) (30 U.S.C. 1231(c)), by striking
``and'' after the semicolon at the end of paragraph (10), by
redesignating paragraph (11) as paragraph (12), and by
inserting after paragraph (10) the following:
``(11) to implement section 416; and'';
(2) in section 401(d)(3) (30 U.S.C. 1231(d)(3)), by
striking ``subsection (f)'' and inserting ``subsection (f) and
section 416(a)'';
(3) in section 402(g) (30 U.S.C. 1232(g))--
(A) in paragraph (1), by inserting ``and section
416'' after ``subsection (h)''; and
(B) by adding at the end of paragraph (3) the
following:
``(F) For the purpose of section 416(d)(2)(A).'';
and
(4) in section 403(c) (30 U.S.C. 1233(c)), by inserting
after the second sentence the following: ``As practicable,
States and Indian tribes shall offer such amendments based on
the use of remote sensing, global positioning systems, and
other advanced technologies.''.
SEC. 4. MINIMUM STATE PAYMENTS.
Section 402(g)(8)(A) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(g)(8)) is amended by striking
``$3,000,000'' and inserting ``$5,000,000''.
SEC. 5. GAO STUDY OF USE OF FUNDS.
Not later than two years after the date of the enactment of this
Act, the Comptroller General of the United States shall study and
report to the Congress on uses of funds authorized by this Act,
including regarding--
(1) the solvency of the Abandoned Mine Reclamation Fund;
and
(2) the impact of such use on payments and transfers under
the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201) to--
(A) States for which a certification has been made
under section 411 of such Act (30 U.S.C. 1241);
(B) States for which such a certification has not
been made; and
(C) transfers to United Mine Workers of America
Combined Benefit Fund.
SEC. 6. ABANDONED MINE LAND RECLAMATION AND RESTORATION INITIATIVE.
(a) In General.--Subchapter I of chapter 145 of title 40, United
States Code, is amended by adding at the end the following:
``Sec. 14510. Abandoned mine land reclamation and restoration
initiative
``(a) In General.--The Appalachian Regional Commission may provide
technical assistance, make grants, enter into contracts, or otherwise
provide amounts to individuals or entities in the Appalachian region
for projects and activities on lands, or on or in waters, that have
been reclaimed or restored with amounts provided under title IV of the
Surface Mining Control or Reclamation Act of 1977 (30 U.S.C. 1231 et
seq.) or that are eligible for such reclamation or restoration.
``(b) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section--
``(1) not more than 50 percent may be provided from amounts
appropriated to carry out this section; and
``(2) notwithstanding paragraph (1)--
``(A) in the case of a project to be carried out in
a county for which a distressed county designation is
in effect under section 14526, not more than 80 percent
may be provided from amounts appropriated to carry out
this section; and
``(B) in the case of a project to be carried out in
a county for which an at-risk designation is in effect
under section 14526, not more than 70 percent may be
provided from amounts appropriated to carry out this
section.
``(c) Sources of Assistance.--Subject to subsection (b), a grant
provided under this section may be provided from amounts made available
to carry out this section in combination with amounts made available--
``(1) under any other Federal program; or
``(2) from any other source.
``(d) Federal Share.--Notwithstanding any provision of law limiting
the Federal share under any other Federal program, amounts made
available to carry out this section may be used to increase that
Federal share, as the Appalachian Regional Commission determines to be
appropriate.''.
(b) Clerical Amendment.--The analysis for chapter 145 of title 40,
United States Code, is amended by inserting after the item relating to
section 14509 the following:
``14510. Abandoned mine land reclamation and restoration initiative.''.
SEC. 7. HEADQUARTERS OF APPALACHIAN REGIONAL COMMISSION.
(a) Finding.--Congress finds that--
(1) the Delta Regional Commission, the Denali Commission,
and the Northern Border Regional Commission are each
headquartered in their respective region; and
(2) the headquarters of the Appalachian Regional Commission
should be relocated from the District of Columbia to a more
affordable location in the Appalachian Region.
(b) Location of Headquarters.--
(1) In general.--Section 14301 of title 40, United States
Code, is amended by adding at the end the following:
``(g) Headquarters.--The headquarters of the Commission shall be
located in the Appalachian Region.''.
(2) Implementation.--The Federal Cochairman of the
Appalachian Regional Commission shall take such actions as may
be necessary to carry out the amendment made by paragraph (1).
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