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[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).
                                 <all>
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