227 
copy of such proposed program to the head of 
each Federal agency referred to in, or that oth-
erwise provided suggestions under, paragraph 
(1).’’; 
(B) in the third sentence, by inserting ‘‘or 
head of a Federal agency’’ after ‘‘such Gov-
ernor’’; and 
(C) in the fourth sentence, by inserting ‘‘or 
between the Secretary and the head of a Fed-
eral agency,’’ after ‘‘affected State,’’; 
(14) in the second sentence of subsection 
(d)(2), by inserting ‘‘, the head of a Federal agen-
cy,’’ after ‘‘Attorney General’’; 
(15) in subsection (g), by inserting after the 
first sentence the following: ‘‘Such information may 
include existing inventories and mapping of marine 
resources previously undertaken by the Department 
of the Interior and the National Oceanic and Atmos-
pheric Administration, information provided by the 
Department of Defense, and other available data re-
garding energy or mineral resource potential, navi-
gation uses, fisheries, aquaculture uses, recreational 
uses, habitat, conservation, and military uses on the 
outer Continental Shelf.’’; and 
(16) by adding at the end the following: 
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‘‘(i) RESEARCH AND DEVELOPMENT.—The Secretary 
shall carry out a program of research and development 
to ensure the continued improvement of methodologies for 
characterizing resources of the outer Continental Shelf 
and conditions that may affect the ability to develop and 
use those resources in a safe, sound, and environmentally 
responsible manner. Such research and development ac-
tivities may include activities to provide accurate estimates 
of energy and mineral reserves and potential on the Outer 
Continental Shelf and any activities that may assist in fill-
ing gaps in environmental data needed to develop each 
leasing program under this section.’’. 
SEC. 517. ENVIRONMENTAL STUDIES. 
(a) INFORMATION NEEDED FOR ASSESSMENT AND 
MANAGEMENT
OF ENVIRONMENTAL IMPACTS.—Section 
20 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1346) is amended by striking so much as precedes sub-
section (a)(2) and inserting the following: 
‘‘SEC. 20. ENVIRONMENTAL STUDIES. 
‘‘(a)(1) The Secretary, in cooperation with the Sec-
retary of Commerce, shall conduct a study no less than 
once every three years of any area or region included in 
any oil and gas lease sale or other lease in order to estab-
lish information needed for assessment and management 
of environmental impacts on the human, marine, and 
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229 
coastal environments of the outer Continental Shelf and 
the coastal areas which may be affected by oil and gas 
or other mineral development in such area or region.’’. 
(b) IMPACTS OF DEEP WATER SPILLS.—Section 20 
of the Outer Continental Shelf Lands Act (43 U.S.C. 
1346) is amended by— 
(1) redesignating subsections (c) through (f) as 
(d) through (g); and 
(2) inserting after subsection (b) the following: 
‘‘(c) The Secretary shall conduct research to identify 
and reduce data gaps related to impacts of deepwater hy-
drocarbon spills, including— 
‘‘(1) effects to benthic substrate communities 
and species; 
‘‘(2) water column habitats and species; 
‘‘(3) surface and coastal impacts from spills 
originating in deep waters; and 
‘‘(4) the use of dispersants.’’. 
SEC. 518. INSPECTIONS AND CERTIFICATIONS. 
Section 22 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1348) is amended— 
(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) INSPECTIONS.—The Secretary and the Secretary 
of the department in which the Coast Guard is operating 
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shall individually, or jointly if they so agree, promulgate 
regulations to provide for— 
‘‘(1) scheduled onsite inspection, at least once a 
year, of each facility on the outer Continental Shelf 
which is subject to any environmental or safety regu-
lation promulgated pursuant to this Act, which in-
spection shall include all safety equipment designed 
to prevent or ameliorate blowouts, fires, spillages, or 
other major accidents; 
‘‘(2) scheduled onsite inspection, at least once a 
month, of each facility on the outer Continental 
Shelf engaged in drilling operations and which is 
subject to any environmental or safety regulation 
promulgated pursuant to this Act, which inspection 
shall include all safety equipment designed to pre-
vent or ameliorate blowouts, fires, spillages, or other 
major accidents; 
‘‘(3) periodic onsite inspection without advance 
notice to the operator of such facility to assure com-
pliance with such environmental or safety regula-
tions; and 
‘‘(4) periodic audits of each required safety and 
environmental management plan, and any associated 
safety case, both with respect to their implementa-
tion at each facility on the outer Continental Shelf 
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231 
for which such a plan or safety case is required and 
with respect to onshore management support for ac-
tivities at such a facility.’’; 
(2) in subsection (d)(1)— 
(A) by striking ‘‘each major fire and each 
major oil spillage’’ and inserting ‘‘each major 
fire, each major oil spillage, each loss of well 
control, and any other accident that presented 
a serious risk to human or environmental safe-
ty’’; and 
(B) by inserting before the period at the 
end the following: ‘‘, as a condition of the lease 
or permit’’; 
(3) in subsection (d)(2), by inserting before the 
period at the end the following: ‘‘as a condition of 
the lease or permit’’; 
(4) in subsection (e), by adding at the end the 
following: ‘‘Any such allegation from any employee 
of the lessee or any subcontractor of the lessee shall 
be investigated by the Secretary.’’; 
(5) in subsection (b)(1), by striking ‘‘recog-
nized’’ and inserting ‘‘uncontrolled’’; and 
(6) by adding at the end the following: 
‘‘(g) INFORMATION ON CAUSES AND CORRECTIVE 
ACTIONS.—For any incident investigated under this sec-
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tion, the Secretary shall promptly make available to all 
lessees and the public technical information about the 
causes and corrective actions taken. All data and reports 
related to any such incident shall be maintained in a data 
base available to the public. 
‘‘(h) OPERATOR’S ANNUAL CERTIFICATION.— 
‘‘(1) The Secretary, in cooperation with the 
Secretary of the department in which the Coast 
Guard is operating, shall require all operators of all 
new and existing drilling and production operations 
to annually certify that their operations are being 
conducted in accordance with applicable law and reg-
ulations. 
‘‘(2) Each certification shall include, but, not be 
limited to, statements that verify the operator has— 
‘‘(A) examined all well control system 
equipment (both surface and subsea) being used 
to ensure that it has been properly maintained 
and is capable of shutting in the well during 
emergency operations; 
‘‘(B) examined and conducted tests to en-
sure that the emergency equipment has been 
function-tested and is capable of addressing 
emergency situations; 
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‘‘(C) reviewed all rig drilling, casing, ce-
menting, well abandonment (temporary and 
permanent), completion, and workover practices 
to ensure that well control is not compromised 
at any point while emergency equipment is in-
stalled on the wellhead; 
‘‘(D) reviewed all emergency shutdown and 
dynamic positioning procedures that interface 
with emergency well control operations; and 
‘‘(E) taken the necessary steps to ensure 
that all personnel involved in well operations 
are properly trained and capable of performing 
their tasks under both normal drilling and 
emergency well control operations. 
‘‘(i) CEO ANNUAL CERTIFICATION.—Operators of all 
drilling and production operations shall annually submit 
to the Secretary a general statement by the operator’s 
chief executive officer that certifies to the operators’ com-
pliance with all applicable laws and operating regulations. 
‘‘(j) THIRD-PARTY CERTIFICATION.—All operators 
that modify or upgrade any emergency equipment placed 
on any operation to prevent blow-outs or other well control 
events, shall have an independent third party conduct a 
detailed physical inspection and design review of such 
equipment within 30 days of its installation. The inde-
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234 
pendent third party shall certify that the equipment will 
operate as originally designed and any modifications or 
upgrades conducted after delivery have not compromised 
the design, performance or functionality of the equipment. 
Failure to comply with this subsection shall result in sus-
pension of the lease.’’. 
SEC. 519. PETITIONS. 
Section 23(c)(3) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1349(c)(3)) is amended by striking 
‘‘sixty’’ and inserting ‘‘90’’. 
Subtitle C—Other Provisions 
SEC. 521. CONTRACTOR LIABILITY. 
Section 24 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1350) is amended by adding at the end the 
following: 
‘‘(f) LIABILITY OF CONTRACTORS.—A person who 
enters into a contract with a lessee under this Act to pro-
vide goods or services to be used in activities under a lease 
under this Act shall be held jointly liable with the lessee 
for any damages resulting from a violation of this Act 
committed by such person in their performance under the 
contract.’’. 
SEC. 522. AREA-WIDE LEASING. 
The Secretary of the Interior shall seek to enter into 
an arrangement with the National Academy of Sciences 
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to conduct a study to estimate the financial impact of the 
Secretary ceasing to offer oil and gas lease sales for the 
outer Continental Shelf under the area-wide system and 
returning to offering such lease sales under the tract-nom-
ination system. 
SEC. 523. FRONTIER AREAS. 
Section 8 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1337) is amended by adding at the end the 
following: 
‘‘(q) PROHIBITION OF OIL AND GAS LEASING IN 
ARCTIC PLANNING AREA OF THE OUTER CONTINENTAL 
SHELF.—Notwithstanding any other provision of this Act 
or any other law, the Secretary of the Interior shall not 
issue or renew a lease or any other authorization for the 
exploration, development, or production of oil, natural gas, 
or any other mineral in the Arctic Ocean, including the 
Beaufort Sea and Chukchi Sea Planning Areas.’’. 
SEC. 524. STRENGTHENING COASTAL STATE OIL SPILL 
PLANNING AND RESPONSE. 
The Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.) is amended by adding at the end 
the following: 
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236 
‘‘SEC. 321. STRENGTHENING COASTAL STATE OIL SPILL 
PLANNING AND RESPONSE. 
‘‘(a) GRANTS TO STATES.—The Secretary may make 
grants to eligible coastal states— 
‘‘(1) to revise management programs approved 
under section 306 (16 U.S.C. 1455) to identify and 
implement new enforceable policies and procedures 
to ensure sufficient response capabilities at the state 
level to address the environmental, economic, and so-
cial impacts of oil spills or other accidents resulting 
from outer Continental Shelf energy activities with 
the potential to affect any land or water use or nat-
ural resource of the coastal zone; 
‘‘(2) to review and revise, where necessary, ap-
plicable enforceable policies and procedures of ap-
proved state management programs affecting coastal 
energy activities to ensure that such policies are con-
sistent with— 
‘‘(A) other emergency response plans and 
policies developed under Federal or State law; 
and 
‘‘(B) new policies and procedures developed 
under paragraph (1); and 
‘‘(3) after a State has adopted new or revised 
enforceable policies and procedures under para-
graphs (1) and (2)— 
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‘‘(A) the State shall submit the policies 
and procedures to the Secretary; and 
‘‘(B) the Secretary shall notify the State 
whether the Secretary approves or disapproves 
the incorporation of the policies and procedures 
into the State’s management program pursuant 
to section 306(e). 
‘‘(b) ELEMENTS.—New enforceable policies and pro-
cedures developed by coastal states with grants awarded 
under this section shall consider— 
‘‘(1) other existing emergency response plans, 
procedures and enforceable policies developed under 
other Federal or State law that affect the coastal 
zone; 
‘‘(2) identification of critical infrastructure es-
sential to facilitate spill or accident response activi-
ties; 
‘‘(3) identification of coordination, logistics, and 
communication networks between Federal and State 
government agencies and between State agencies 
and affected local communities to ensure the effi-
cient and timely dissemination of data and other in-
formation; 
‘‘(4) inventories of shore locations and infra-
structure and equipment necessary to respond to oil 
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spills or other accidents resulting from outer Conti-
nental Shelf energy activities; 
‘‘(5) identification and characterization of sig-
nificant or sensitive marine ecosystems or other 
areas 
possessing 
important 
conservation, 
rec-
reational, ecological, historic, or aesthetic values; 
‘‘(6) inventories and surveys of shore locations 
and infrastructure capable of supporting alternative 
energy development; and 
‘‘(7) other information or actions as may be 
necessary or as determined by the Secretary. 
‘‘(c) GUIDELINES.—The Secretary shall, within 180 
days after the date of the enactment of this section and 
after consultation with the coastal states, publish guide-
lines for the application for and use of grants under this 
section. 
‘‘(d) PARTICIPATION.—A coastal state shall provide 
opportunity for public participation in developing new en-
forceable policies and procedures under this section pursu-
ant to sections 306(d)(1) and 306(e), especially by rel-
evant Federal agencies, other coastal state agencies, local 
governments, regional organizations, port authorities, and 
other interested parties and stakeholders, public and pri-
vate, that are related to, or affected by, outer Continental 
Shelf energy activities. 
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‘‘(e) ANNUAL GRANTS.— 
‘‘(1) IN
GENERAL.—For each of fiscal years 
2018 through 2022, the Secretary may make a 
grant to a coastal state to develop new enforceable 
polices and procedures as required under this sec-
tion. 
‘‘(2) GRANT
AMOUNTS.—The amount of any 
grant to any one coastal State under this section 
shall not exceed $750,000 for any fiscal year. 
‘‘(3) GRANT LIMITATIONS.—A coastal state— 
‘‘(A) may not receive more than two grants 
under this section; and 
‘‘(B) may not receive more than one grant 
under this section in a fiscal year. 
‘‘(4) NO STATE MATCHING CONTRIBUTION RE-
QUIRED.—Because it is in the national interest to be 
able to respond efficiently and effectively at all levels 
of government to oil spills and other accidents re-
sulting from outer Continental Shelf energy activi-
ties, a coastal state shall not be required to con-
tribute any portion of the cost of a grant awarded 
under this section. 
‘‘(5) SECRETARIAL
REVIEW
AND
LIMIT
ON 
AWARDS.—After an initial grant is made to a coastal 
state under this section, no subsequent grant may be 
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240 
made to that coastal state under this section unless 
the Secretary finds that the coastal state is satisfac-
torily developing revisions to address offshore energy 
impacts. 
‘‘(f) APPLICABILITY.—This section shall not be con-
strued to convey any new authority to any coastal state 
or to repeal or supersede any existing authority of any 
coastal state to regulate the siting, licensing, leasing, or 
permitting of energy facilities in areas of the outer Conti-
nental Shelf under the administration of the Federal Gov-
ernment. Nothing in this section repeals or supersedes any 
existing coastal state authority. 
‘‘(g) ASSISTANCE BY THE SECRETARY.—The Sec-
retary, to the extent practicable, shall provide technical as-
sistance to the coastal states under section 310(a) for the 
purpose of revising approved management programs to 
meet the requirements under this section.’’. 
SEC. 525. REPEAL OF LIMITATION ON LIABILITY FOR OFF-
SHORE FACILITIES. 
(a) REPEAL.—Section 1004(a) of the Oil Pollution 
Act of 1990 (33 U.S.C. 2704(a)) is amended— 
(1) in paragraph (2), by striking the semicolon 
and inserting ‘‘; and’’; 
(2) by striking paragraph (3); and 
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(3) by redesignating paragraph (4) as para-
graph (3). 
(b) CONFORMING AMENDMENT.—Section 1004(b)(2) 
of the Oil Pollution Act of 1990 (33 U.S.C. 2704(b)(2)) 
is amended by striking the second sentence. 
SEC. 526. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR 
OFFSHORE FACILITIES. 
Section 1016 of the Oil Pollution Act of 1990 (33 
U.S.C. 2716) is amended— 
(1) in subsection (c)(1)— 
(A) in subparagraph (B), by striking ‘‘sub-
paragraph (A) is’’ and all that follows through 
the period at the end and inserting ‘‘subpara-
graph (A) is $300,000,000.’’; and 
(B) by striking subparagraph (C) and in-
serting the following: 
‘‘(C) ALTERNATE AMOUNT.— 
‘‘(i) SPECIFIC FACILITIES.— 
‘‘(I) IN GENERAL.—If the Presi-
dent determines that an amount of fi-
nancial responsibility for a responsible 
party that is less than the amount re-
quired by subparagraph (B) is justi-
fied based on the criteria established 
under clause (ii), the evidence of fi-
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242 
nancial responsibility required shall be 
for an amount prescribed under such 
clause by the President. 
‘‘(II) MINIMUM
AMOUNTS.—In 
no case shall the evidence of financial 
responsibility required under this sec-
tion be less than— 
‘‘(aa) $105,000,000 for an 
offshore facility located seaward 
of the seaward boundary of a 
State; or 
‘‘(bb) $30,000,000 for an 
offshore facility located landward 
of the seaward boundary of a 
State. 
‘‘(ii) CRITERIA FOR DETERMINATION 
OF
FINANCIAL
RESPONSIBILITY.—The 
President shall prescribe the amount of fi-
nancial responsibility required under clause 
(i)(I) based on the following: 
‘‘(I) The market capacity of the 
insurance industry to issue such in-
struments. 
‘‘(II) The operational risk of a 
discharge and the likely effects of that 
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243 
discharge on the environment and the 
region. 
‘‘(III) The quantity and location 
of the oil and gas that is explored for, 
drilled for, produced by, or trans-
ported by the responsible party. 
‘‘(IV) The asset value of the 
owner of the offshore facility, includ-
ing the combined asset value of all 
partners that own the facility. 
‘‘(V) The cost of all removal 
costs and damages for which the re-
sponsible party may be liable under 
this Act based on a worst-case-sce-
nario. 
‘‘(VI) The safety history of the 
owner of the offshore facility. 
‘‘(VII) Any other factors that the 
President considers appropriate. 
‘‘(iii) ADJUSTMENT
FOR
ALL
OFF-
SHORE FACILITIES.— 
‘‘(I) IN
GENERAL.—Not later 
than 3 years after the date of enact-
ment of the Sustainable Energy De-
velopment Reform Act, and at least 
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244 
once every 3 years thereafter, the 
President shall review the levels of fi-
nancial responsibility specified in this 
subsection and the limit on liability 
specified in subsection (f)(4) and may 
by regulation revise such levels and 
limit upward to the levels and limit 
that the President determines are jus-
tified. 
‘‘(II) NOTICE
TO
CONGRESS.— 
Upon completion of a review specified 
in subclause (I), the President shall 
notify Congress as to whether the 
President will revise the levels of fi-
nancial responsibility and limit on li-
ability referred to in subclause (I) and 
the factors used in making such deter-
mination. 
‘‘(III) 
SPECIFIC
ADJUST-
MENTS.—Not less frequently than 
every 3 years, the President shall re-
view the amount of financial responsi-
bility required of a responsible party 
under this subsection and revise that 
amount, in accordance with this sub-
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245 
section, as necessary based on the rel-
ative operational, environmental, and 
other risks posed by the quantity, 
quality, or location of oil that is ex-
plored for, drilled for, produced by, or 
transported by the responsible party 
at the time of the review.’’; 
(2) in subsection (e) by striking ‘‘self-insurer,’’ 
and inserting ‘‘self-insurer, participation in coopera-
tive arrangements such as pooling or joint insur-
ance,’’; and 
(3) in subsection (f)— 
(A) in paragraph (1) by striking ‘‘Subject’’ 
and inserting ‘‘Except as provided in paragraph 
(4) and subject’’; and 
(B) by adding at the end the following: 
‘‘(4) MAXIMUM LIABILITY.—The maximum li-
ability of a guarantor of an offshore facility under 
this subsection is $300,000,000.’’. 
TITLE VI—COAL REFORMS 
SEC. 601. POWDER RIVER BASIN. 
(a) DESIGNATION.—The Secretary of the Interior 
shall designate the Powder River Coal Production Region, 
as such region is described in ‘‘Identification of Coal Pro-
duction Regions Having Major Federal Coal Interests’’ 
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246 
(44 Fed. Reg. 219 (November 9, 1979)), as a coal produc-
tion region under section 3400.5 of title 43, Code of Fed-
eral Regulations (or any successor regulation). 
(b) LEASE
REQUIREMENT.—The Secretary shall 
offer lease sales for the Powder River Coal Production Re-
gion, as designated by subsection (a), in a manner that 
maximizes competition. 
SEC. 602. DEDUCTIONS. 
Section 7 of the Mineral Leasing Act (30 U.S.C. 207) 
is amended by adding at the end the following: 
‘‘(d) ROYALTY PAYMENT REDUCTION.—The Sec-
retary may not determine a lesser amount of royalty than 
the amount in subsection (a) for washed coal.’’. 
SEC. 603. VALUATION. 
(a) LOOPHOLE.—Section 7 of the Mineral Leasing 
Act (30 U.S.C. 207), as amended by section 602, is fur-
ther amended by adding at the end the following: 
‘‘(e) VALUATION OF COAL.— 
‘‘(1) IN GENERAL.—The value of coal for pur-
poses of calculating the required royalty payment 
under subsection (a) is the gross proceeds accruing 
to the lessee or the lessee’s affiliate under the first 
arm’s-length contract for sale of the coal if— 
‘‘(A) the lessee or the lessee’s affiliate sells 
the coal under an arm’s-length contract; or 
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‘‘(B) the lessee or the lessee’s affiliate sells 
the coal to a person under a non-arm’s-length 
contract who then sells the coal under an arm’s- 
length contract. 
‘‘(2) DEFINITION
OF
ARM’S-LENGTH
CON-
TRACT.—In this subsection, the term ‘arm’s-length 
contract’ means a contract or agreement between 
independent persons who are not affiliates and who 
have opposing economic interests regarding that con-
tract.’’. 
(b) STUDY.—The Secretary of the Interior shall enter 
into an agreement with the National Academy of Sciences 
to conduct a study to determine the most equitable method 
for valuation of coal produced on Federal lands for pur-
poses of Federal coal leases. 
SEC. 604. METHANE RECOVERY. 
Section 2 of the Mineral Leasing Act (30 U.S.C. 201) 
is amended— 
(1) in subsection (a)(1), by inserting ‘‘and sub-
ject to subsection (e)(6),’’ after ‘‘deems appro-
priate,’’; and 
(2) by adding at the end the following: 
‘‘(e) Notwithstanding any other provision of law, any 
Federal coal lease issued under this section and any modi-
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fication of an existing coal lease issued under this section 
shall include terms that establish the following: 
‘‘(1) Coal mine methane released in conjunction 
with mining activities shall be deemed to be included 
within the scope of the coal lease if the United 
States owns both the coal and gas resources. 
‘‘(2) Except as provided in paragraph (4), any 
coal lease issued on lands for which the United 
States owns both the coal and gas resources shall in-
clude a requirement that the lessee recover the coal 
mine methane associated with the leased coal re-
sources to the maximum feasible extent, taking into 
account the economics of both the mining and meth-
ane-capture operations. 
‘‘(3) Before the issuance of a lease for recovery 
of coal by deep mining operations, the Secretary 
shall require an analysis to determine the extent to 
which coal mine methane can be economically cap-
tured and either put to productive use or flared. The 
cost of the analysis shall be paid by the lessee and 
carried out by a person chosen by the Secretary with 
professional qualifications in the capture of coal 
mine methane and without financial or other eco-
nomic ties to the lessee. 
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‘‘(4) If the Secretary determines that recovery 
or flaring of coal mine methane under a lease is not 
economically feasible in accordance with paragraph 
(2), or cannot be carried out in a manner that 
assures the protection of mine workers, coal mining 
under such lease may proceed without requiring re-
covery or flaring of the coal mine methane. 
‘‘(5) Any coal lease that involves federally 
owned coal and nonfederally owned gas resources 
shall require the coal operator to make a reasonable 
effort to negotiate an arrangement with the gas 
owner in advance of conducting any mining oper-
ations. If the coal lessee and gas owner are unable 
to arrange for the joint development of the coal and 
coal mine methane, and if the joint development of 
those resources is economically feasible, the Sec-
retary may seek a court order to allow coal mining 
and methane capture to proceed by the coal lessee, 
subject to a reasonable division of the proceeds from 
the sale of the coal and methane resources. 
‘‘(6) Any assessment of fair market value re-
quired by subsection (a)(1) shall include the value of 
any Federal coal mine methane that is associated 
with Federal coal resources and subject to capture 
and use under this section. 
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‘‘(7) Any Federal coal mine methane that is 
captured and used or sold pursuant to a Federal 
coal lease shall be subject to a royalty of not less 
than 18.75 percent.’’. 
SEC. 605. SELF-BONDING. 
Section 509 of the Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1259) is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsections (d) and (e) as 
subsections (c) and (d), respectively. 
SEC. 606. STREAM PROTECTION. 
(a) ADDITION OF STREAM BUFFER.—Title V of the 
Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1251 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 530. LIMITATIONS ON SURFACE OR UNDERGROUND 
COAL MINING ACTIVITY. 
‘‘(a) IN GENERAL.—Surface or underground coal 
mining operations shall not be conducted if— 
‘‘(1) such activity would disturb the surface of 
land within 100 feet of a perennial or intermittent 
stream, unless the Secretary has authorized such ac-
tivity to be conducted based on a finding that such 
disturbance— 
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‘‘(A) will not cause or contribute to the 
violation of applicable State or Federal water 
quality standards; and 
‘‘(B) will not adversely affect the water 
quantity, water quality, or other environmental 
resources of the stream or downstream waters; 
or 
‘‘(2) the Secretary determines that such activity 
will— 
‘‘(A) cause or contribute to the violation of 
applicable State or Federal water quality stand-
ards; or 
‘‘(B) adversely affect the water quantity or 
quality or other environmental resources of the 
stream. 
‘‘(b) MEASUREMENT OF DISTANCE.—The 100-foot 
distance referred to in subsection (a)(1) shall be measured 
horizontally on a line perpendicular to the stream, begin-
ning at the ordinary high water mark. 
‘‘(c) DEFINITION OF PERENNIAL OR INTERMITTENT 
STREAM.—In this section, the term ‘perennial or intermit-
tent stream’ means a stream or part of a stream that— 
‘‘(1) has flowing water during periods when 
groundwater provides water for streamflow, but may 
not have flowing water during other periods; and 
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‘‘(2) has channels that display both a bed-and- 
bank configuration and an ordinary high water 
mark.’’. 
(b) DIRECTED RULEMAKING.—The Secretary shall 
issue regulations under the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), includ-
ing the amendment to such Act made by subsection (a), 
to— 
(1) define ‘‘material damage to the hydrologic 
balance outside the permit area’’ under section 
510(a)(b)(3) of such Act (30 U.S.C. 1260 (a)(b)(3)) 
and require that each permit specify the point at 
which adverse mining-related impacts on ground-
water and surface water would reach that level of 
damage; 
(2) ensure collection of adequate premining 
data about the site of a proposed mining operation 
and adjacent areas to establish an adequate baseline 
for evaluation of the impacts of mining and the ef-
fectiveness of reclamation; 
(3) adjust monitoring requirements to enable 
timely detection and correction of any adverse trends 
in the quality or quantity of surface water and 
groundwater or the biological condition of streams; 
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253 
(4) ensure protection or restoration of perennial 
and intermittent streams and related resources; 
(5) ensure that permittees and regulatory au-
thorities make use of advances in science and tech-
nology; 
(6) ensure that land disturbed by mining oper-
ations is restored to a condition capable of sup-
porting the uses that it was capable of supporting 
before mining; and 
(7) update and codify the requirements and 
procedures for protection of threatened or endan-
gered species and designated critical habitat. 
SEC. 607. CERTIFIED STATES. 
Section 411(b) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1240a) is amended— 
(1) by striking ‘‘If the Secretary’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
if the Secretary’’; 
(2) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and mov-
ing such subparagraphs 2 ems to the right; and 
(3) by adding at the end the following: 
‘‘(2) OFFICE APPROVAL.—A State may not un-
dertake a noncoal mine reclamation project under 
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254 
this title on lands, waters, or facilities determined by 
the Secretary to be eligible under paragraph (1) un-
less— 
‘‘(A) the State demonstrates to the Office’s 
satisfaction that the noncoal mine poses a more 
extreme danger to public health, safety, prop-
erty, or the environment than any abandoned 
coal mine in the State; and 
‘‘(B) the State has received approval from 
the Office to undertake such noncoal mine rec-
lamation project. 
‘‘(3) 
PUBLIC
LISTING
OF
NONCOAL 
PROJECTS.—The Office shall maintain a public list-
ing on the website of the Office of the noncoal mine 
reclamation projects undertaken by each State under 
this subsection.’’. 
SEC. 608. ECONOMIC REDEVELOPMENT ON ABANDONED 
MINE LANDS. 
(a) ECONOMIC REVITALIZATION FOR COAL COUN-
TRY.— 
(1) IN GENERAL.—Title IV of the Surface Min-
ing Control and Reclamation Act of 1977 (30 U.S.C. 
1231 et seq.) is amended by adding at the end the 
following: 
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255 
‘‘SEC. 415. ABANDONED MINE LAND ECONOMIC REVITAL-
IZATION. 
‘‘(a) DEFINITION OF COMMITTED.—In this section: 
‘‘(1) IN
GENERAL.—The term ‘committed’ 
means that a State or Indian tribe receiving funds 
under this section has executed a project agreement 
with an applicant for the funds. 
‘‘(2) INCLUSION.—The term ‘committed’ in-
cludes, with respect to a project agreement, any 
amount used for project planning under subsection 
(g). 
‘‘(b) AUTHORIZATION.—Of the amounts deposited in 
the fund under section 401(b) before October 1, 2007, and 
not otherwise appropriated, $200,000,000 shall be avail-
able to the Secretary, without further appropriation, for 
each of fiscal years 2018 through 2022 for distribution 
to States and Indian tribes in accordance with this section 
for the purpose of promoting economic revitalization, di-
versification, 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. 
‘‘(c) USE OF FUNDS.—Funds distributed to a State 
or Indian tribe under subsection (d) shall be used only 
for those projects that meet the following criteria: 
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256 
‘‘(1) RELATED TO THE RECLAMATION OF ABAN-
DONED MINE LAND AND WATERS.—The project is 
designed— 
‘‘(A) to achieve one or more of the prior-
ities stated in section 403(a); or 
‘‘(B) to be conducted on land adjacent to 
eligible land and waters described in section 
403(a) that has previously been remediated or 
will be remediated under this section. 
‘‘(2) CONTRIBUTION TO FUTURE ECONOMIC OR 
COMMUNITY DEVELOPMENT.— 
‘‘(A) IN GENERAL.—The project is reason-
ably likely to create favorable conditions, as 
demonstrated in accordance with subparagraph 
(B), for the economic development of the 
project site or promote the general welfare 
through economic and community development 
of the area in which the project is conducted. 
‘‘(B) DEMONSTRATION OF CONDITIONS.— 
The conditions referred to in subparagraph (A) 
may be demonstrated by any documentation— 
‘‘(i) of the role of the project in the 
economic development strategy or other 
economic 
and 
community 
development 
planning process of the applicable area; 
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‘‘(ii) of the planned economic and 
community use of the project site after the 
primary reclamation activities are com-
pleted, which may include contracts, agree-
ments in principle, or other evidence that, 
once reclaimed, the site is reasonably an-
ticipated to be used for one or more indus-
trial, commercial, residential, agricultural, 
or recreational purposes; or 
‘‘(iii) agreed to by the State or Indian 
tribe that demonstrates the project will 
meet the criteria set forth in this sub-
section. 
‘‘(3) LOCATION IN COMMUNITY AFFECTED BY 
RECENT DECLINE IN MINING.—The project will be 
conducted in a community— 
‘‘(A) that has been adversely affected eco-
nomically by a reduction in coal mining-related 
activity over the preceding 5 years, as dem-
onstrated by employment data, per capita in-
come, or other indicators of reduced economic 
activity attributable to the reduction; or 
‘‘(B)(i) that has traditionally relied on coal 
mining for a substantial portion of the economy 
of the community; and 
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258 
‘‘(ii) in which the economic contribution of 
coal mining has significantly declined. 
‘‘(4) 
STAKEHOLDER
COLLABORATION.—The 
project has been— 
‘‘(A) the subject of project planning under 
subsection (g); and 
‘‘(B) the focus of collaboration, including 
partnerships, as appropriate, with interested 
persons or local organizations. 
‘‘(5) ELIGIBLE APPLICANTS.—The project has 
been proposed and will be executed by entities of 
State, local, county, or tribal government, which may 
include subcontracting project-related activities, as 
appropriate. 
‘‘(d) DISTRIBUTION OF FUNDS.— 
‘‘(1) UNCERTIFIED STATES.— 
‘‘(A) IN GENERAL.—Of the amount made 
available under subsection (b), the Secretary 
shall distribute $195,000,000 for each of fiscal 
years 2018 through 2022 to States and Indian 
tribes that have a State 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: 
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259 
‘‘(i) FISCAL YEARS 2018 AND 2019.— 
For each of fiscal years 2018 and 2019, 
the Secretary shall allocate to each State 
and Indian tribe the funds through a for-
mula based on the quantity of coal histori-
cally produced in each State or from the 
land of each Indian tribe before August 3, 
1977. 
‘‘(ii) FISCAL
YEARS
2020
THROUGH 
2022.—For each of fiscal years 2020 
through 2022, the Secretary shall allocate 
to each State and Indian tribe— 
‘‘(I) the amount allocated to the 
State or Indian tribe for fiscal year 
2018, plus any amount reallocated to 
the State or Indian tribe under this 
paragraph, if the State or Indian tribe 
has committed the full amount of the 
allocation of the State or Indian tribe 
for the preceding fiscal year to eligible 
projects; or 
‘‘(II) if the State or Indian tribe 
has not committed the full amount of 
the allocation of the State or Indian 
tribe for the preceding fiscal year to 
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260 
eligible projects, an amount equal to 
the lesser of— 
‘‘(aa) the amount the State 
or Indian tribe has committed to 
eligible projects from the alloca-
tion of the State or Indian tribe 
for the preceding fiscal year; and 
‘‘(bb) the amount allocated 
to the State or Indian tribe for 
fiscal year 2018. 
‘‘(iii) FISCAL YEAR 2023.—For fiscal 
year 2023, the Secretary shall allocate to 
each State and Indian tribe the amount re-
allocated to the State or Indian tribe under 
subparagraph (B), if the State or Indian 
tribe has committed the full amount of the 
allocation of the State or Indian tribe for 
fiscal year 2022 to eligible projects. 
‘‘(B) REALLOCATION
OF
UNCOMMITTED 
FUNDS.— 
‘‘(i) FISCAL
YEAR
2020
THROUGH 
2022.—For each of fiscal years 2020 
through 2022, the Secretary shall reallo-
cate in accordance with clause (iii) any 
amount available for distribution under 
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261 
this subsection that has not been com-
mitted to eligible projects in the preceding 
2 fiscal years, among the States and In-
dian tribes that have committed to eligible 
projects the full amount of the annual allo-
cation of the State or Indian tribe for the 
preceding fiscal year as described in clause 
(iii). 
‘‘(ii) FISCAL
YEAR
2023.—For fiscal 
year 2023, the Secretary shall reallocate in 
accordance with clause (iii) any amount 
available for distribution under this sub-
section that has not been committed to eli-
gible projects or distributed under sub-
paragraph (A)(iii), among the States and 
Indian tribes that have committed to eligi-
ble projects the full amount of the annual 
allocation of the State or Indian tribe for 
fiscal year 2022. 
‘‘(iii) AMOUNT OF REALLOCATION.— 
The amount reallocated to each State and 
Indian tribe under each of clauses (i) and 
(ii) shall be determined by the Secretary to 
reflect, to the extent practicable— 
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262 
‘‘(I) 
the 
proportion 
of 
unreclaimed eligible land and waters 
the State or Indian tribe has in the 
inventory maintained under section 
403(c); and 
‘‘(II) the proportion of coal min-
ing employment loss incurred in the 
State or Indian land, 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. 
‘‘(C) SUPPLEMENTAL FUNDS.—Funds dis-
tributed under this subsection— 
‘‘(i) shall be in addition to, and shall 
not affect, the amount of funds distributed 
to States and Indian tribes under section 
401(f); and 
‘‘(ii) shall not reduce any funds dis-
tributed to a State or Indian tribe by rea-
son of the application of section 402(g)(8). 
‘‘(2) 
ADDITIONAL
FUNDING
TO
CERTAIN 
STATES AND INDIAN TRIBES.— 
‘‘(A) ELIGIBILITY.—Of the amount made 
available under subsection (b), the Secretary 
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263 
shall distribute $5,000,000 for each of the 5 
fiscal years beginning in fiscal year 2018 to 
States and Indian tribes that— 
‘‘(i) have a State program approved 
under section 405; and 
‘‘(ii)(I) have made a certification 
under section 411(a) in which the Sec-
retary has concurred; or 
‘‘(II) receive an allocation by reason 
of the application of section 402(g)(8)(A). 
‘‘(B) APPLICATION FOR FUNDS.— 
‘‘(i) IN GENERAL.—Using the process 
described in section 405(f), any State or 
Indian tribe described in subparagraph (A) 
may submit a grant application to the Sec-
retary for funds under this paragraph. 
‘‘(ii) REVIEW.—The Secretary shall 
review each grant application to confirm 
that the projects identified in the applica-
tion for funding are eligible under sub-
section (c). 
‘‘(C) 
DISTRIBUTION
OF
FUNDS.—The 
amount of funds distributed to each State and 
Indian tribe under this paragraph shall be de-
termined by the Secretary based on the dem-
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264 
onstrated need for the funding to accomplish 
the purposes of this section. 
‘‘(e) RESOLUTION
OF CONCERNS
OF SECRETARY; 
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 Indian tribe 
shall meet and confer for a period of not less than 
30 days to resolve the concerns of the Secretary; 
‘‘(2) during that period, the Secretary may con-
sult with any appropriate Federal agency, such as 
the Appalachian Regional Commission, the Eco-
nomic Development Administration, and the Bureau 
of Indian Affairs, to assist with the resolution of the 
concerns; and 
‘‘(3) at the end of that period, if the concerns 
of the Secretary are not resolved, the Secretary shall 
provide to Congress an explanation of the concerns. 
‘‘(f) ACID MINE DRAINAGE TREATMENT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), a 
State or Indian tribe that receives funds under this 
section may retain such portion of the funds as is 
necessary to supplement the acid mine drainage 
abatement and treatment fund of the State or In-
dian tribe established under section 402(g)(6)(A), 
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265 
for future operation and maintenance costs for the 
treatment of acid mine drainage associated with the 
individual projects funded under this section. 
‘‘(2) APPLICATION.—A State or Indian tribe 
shall specify the total funds allotted for costs de-
scribed in paragraph (1) in the application of the 
State or Indian tribe submitted under subsection 
(d)(2)(B). 
‘‘(3) CONDITION.—A State or Indian tribe may 
retain and use funds under this subsection only if 
the State or Indian tribe demonstrates that the an-
nual grant distributed to the State or Indian tribe 
pursuant to section 401(f), including any interest 
from the acid mine drainage abatement and treat-
ment fund of the State or Indian tribe 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 the amounts 
distributed to the State or Indian tribe under 
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266 
this section for project planning and the costs 
of administering this section. 
‘‘(B) PLANNING
REQUIREMENTS.—Plan-
ning under this paragraph may include— 
‘‘(i) identification of eligible projects; 
‘‘(ii) updating the inventory referred 
to in section 403(c); 
‘‘(iii) developing project designs; 
‘‘(iv) preparing cost estimates; or 
‘‘(v) engaging in other similar activi-
ties necessary to facilitate reclamation ac-
tivities under this section. 
‘‘(2) SECRETARY.—In addition to amounts 
available for distribution under subsection (b), the 
Secretary may expend, without further appropria-
tion, not more than $3,000,000 for the 5 fiscal years 
beginning after the date of enactment of this section 
for staffing and other administrative expenses nec-
essary to carry out this section. 
‘‘(h) REPORT TO CONGRESS.—Each State and Indian 
tribe to which funds are distributed under this section 
shall provide to Congress and the Secretary at the end 
of each fiscal year for which the funds are distributed a 
detailed report on— 
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267 
‘‘(1) the various projects that have been under-
taken with the funds; and 
‘‘(2) the community and economic benefits that 
are resulting, or are expected to result, from the use 
of the funds.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in the first section of the Surface Mining Con-
trol and Reclamation Act of 1977 (30 U.S.C. prec. 
1201) is amended by adding at the end of the items 
relating to title IV the following: 
‘‘Sec. 415. Abandoned mine land economic revitalization.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) ABANDONED
MINE
RECLAMATION
FUND 
AND PURPOSES.—Section 401 of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 
1231) is amended— 
(A) in subsection (c)— 
(i) in paragraph (10), by striking 
‘‘and’’ at the end; 
(ii) by redesignating paragraph (11) 
as paragraph (12); and 
(iii) by inserting after paragraph (10) 
the following: 
‘‘(11) to implement section 415; and’’; and 
(B) in subsection (d)(3), by inserting ‘‘and 
section 415(b)’’ before the period at the end. 
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270 
State or Indian tribe within the preceding 3 
years to ensure that the entry is up-to-date and 
accurate.’’. 
SEC. 609. PROHIBITION ON BLASTING WITHIN ONE MILE OF 
ANY OCCUPIED DWELLING. 
Section 515(b)(15) of the Surface Mining Control 
and Reclamation Act of 1977 (43 U.S.C. 1265(B)(15)) 
is amended by adding ‘‘; and’’ at the end of subparagraph 
(E), and by adding at the end the following: 
‘‘(F) prohibit blasting— 
‘‘(i) within one mile of any occupied 
dwelling, unless such prohibition is waived 
by the owner thereof, and 
‘‘(ii) within one mile of any public 
building, school, church, community, insti-
tutional building, or public park.’’. 
SEC. 610. COAL MINERS PENSION PROTECTION. 
(a) IN GENERAL.—Subsection (i) of section 402 of 
the Surface Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1232), as amended by the Further Continuing 
and Security Assistance Appropriations Act, 2017, is 
amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
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(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) ADDITIONAL AMOUNTS.— 
‘‘(A) CALCULATION.—If the dollar limita-
tion specified in paragraph (3)(A) exceeds the 
aggregate amount required to be transferred 
under paragraphs (1) and (2) for a fiscal year, 
the Secretary of the Treasury shall transfer an 
additional amount equal to the difference be-
tween such dollar limitation and such aggregate 
amount to the trustees of the 1974 UMWA 
Pension Plan to pay benefits required under 
that plan. 
‘‘(B) CESSATION
OF
TRANSFERS.—The 
transfers described in subparagraph (A) shall 
cease as of the first fiscal year beginning after 
the first plan year for which the funded per-
centage (as defined in section 432(i)(2) of the 
Internal Revenue Code of 1986) of the 1974 
UMWA Pension Plan is at least 100 percent. 
‘‘(C) 
PROHIBITION
ON
BENEFIT
IN-
CREASES, ETC.—During a fiscal year in which 
the 1974 UMWA Pension Plan is receiving 
transfers under subparagraph (A), no amend-
ment of such plan which increases the liabilities 
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272 
of the plan by reason of any increase in bene-
fits, any change in the accrual of benefits, or 
any change in the rate at which benefits become 
nonforfeitable under the plan may be adopted 
unless the amendment is required as a condi-
tion of qualification under part I of subchapter 
D of chapter 1 of the Internal Revenue Code of 
1986. 
‘‘(D) TREATMENT
OF
TRANSFERS
FOR 
PURPOSES OF WITHDRAWAL LIABILITY UNDER 
ERISA.—The amount of any transfer made 
under subparagraph (A) (and any earnings at-
tributable thereto) shall be disregarded in deter-
mining the unfunded vested benefits of the 
1974 UMWA Pension Plan and the allocation 
of such unfunded vested benefits to an employer 
for purposes of determining the employer’s 
withdrawal liability under section 4201 of the 
Employee Retirement Income Security Act of 
1974. 
‘‘(E) REQUIREMENT
TO
MAINTAIN
CON-
TRIBUTION RATE.—A transfer under subpara-
graph (A) shall not be made for a fiscal year 
unless the persons that are obligated to con-
tribute to the 1974 UMWA Pension Plan on 
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273 
the date of the transfer are obligated to make 
the contributions at rates that are no less than 
those in effect on the date which is 30 days be-
fore the date of enactment of the Sustainable 
Energy Development Reform Act. 
‘‘(F) ENHANCED ANNUAL REPORTING.— 
‘‘(i) IN GENERAL.—Not later than the 
90th day of each plan year beginning after 
the date of enactment of the Sustainable 
Energy Development Reform Act, the 
trustees of the 1974 UMWA Pension Plan 
shall file with the Secretary of the Treas-
ury or the Secretary’s delegate and the 
Pension Benefit Guaranty Corporation a 
report (including appropriate documenta-
tion and actuarial certifications from the 
plan actuary, as required by the Secretary 
of the Treasury or the Secretary’s dele-
gate) that contains— 
‘‘(I) whether the plan is in en-
dangered or critical status under sec-
tion 305 of the Employee Retirement 
Income Security Act of 1974 and sec-
tion 432 of the Internal Revenue Code 
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274 
of 1986 as of the first day of such 
plan year; 
‘‘(II) the funded percentage (as 
defined in section 432(i)(2) of such 
Code) as of the first day of such plan 
year, and the underlying actuarial 
value of assets and liabilities taken 
into account in determining such per-
centage; 
‘‘(III) the market value of the as-
sets of the plan as of the last day of 
the plan year preceding such plan 
year; 
‘‘(IV) the total value of all con-
tributions made during the plan year 
preceding such plan year; 
‘‘(V) the total value of all bene-
fits paid during the plan year pre-
ceding such plan year; 
‘‘(VI) cash flow projections for 
such plan year and either the 6 or 10 
succeeding plan years, at the election 
of the trustees, and the assumptions 
relied upon in making such projec-
tions; 
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275 
‘‘(VII) funding standard account 
projections for such plan year and the 
9 succeeding plan years, and the as-
sumptions relied upon in making such 
projections; 
‘‘(VIII) the total value of all in-
vestment gains or losses during the 
plan year preceding such plan year; 
‘‘(IX) any significant reduction 
in the number of active participants 
during the plan year preceding such 
plan year, and the reason for such re-
duction; 
‘‘(X) a list of employers that 
withdrew from the plan in the plan 
year preceding such plan year, and 
the resulting reduction in contribu-
tions; 
‘‘(XI) a list of employers that 
paid withdrawal liability to the plan 
during the plan year preceding such 
plan year and, for each employer, a 
total assessment of the withdrawal li-
ability paid, the annual payment 
amount, and the number of years re-
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276 
maining in the payment schedule with 
respect to such withdrawal liability; 
‘‘(XII) any material changes to 
benefits, accrual rates, or contribution 
rates during the plan year preceding 
such plan year; 
‘‘(XIII) any scheduled benefit in-
crease or decrease in the plan year 
preceding such plan year having a 
material effect on liabilities of the 
plan; 
‘‘(XIV) details regarding any 
funding improvement plan or rehabili-
tation plan and updates to such plan; 
‘‘(XV) the number of partici-
pants and beneficiaries during the 
plan year preceding such plan year 
who are active participants, the num-
ber of participants and beneficiaries in 
pay status, and the number of termi-
nated vested participants and bene-
ficiaries; 
‘‘(XVI) the information contained 
on the most recent annual funding no-
tice submitted by the plan under sec-
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277 
tion 101(f) of the Employee Retire-
ment Income Security Act of 1974; 
‘‘(XVII) the information con-
tained on the most recent Department 
of Labor Form 5500 of the plan; and 
‘‘(XVIII) copies of the plan docu-
ment and amendments, other retire-
ment benefit or ancillary benefit plans 
relating to the plan and contribution 
obligations under such plans, a break-
down of administrative expenses of 
the plan, participant census data and 
distribution of benefits, the most re-
cent actuarial valuation report as of 
the plan year, copies of collective bar-
gaining agreements, and financial re-
ports, and such other information as 
the Secretary of the Treasury or the 
Secretary’s delegate, in consultation 
with the Secretary of Labor and the 
Director of the Pension Benefit Guar-
anty Corporation, may require. 
‘‘(ii) ELECTRONIC SUBMISSION.—The 
report required under clause (i) shall be 
submitted electronically. 
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278 
‘‘(iii) INFORMATION
SHARING.—The 
Secretary of the Treasury or the Sec-
retary’s delegate shall share the informa-
tion in the report under clause (i) with the 
Secretary of Labor. 
‘‘(iv) PENALTY.—Any failure to file 
the report required under clause (i) on or 
before the date described in such clause 
shall be treated as a failure to file a report 
required to be filed under section 6058(a) 
of the Internal Revenue Code of 1986, ex-
cept that section 6652(e) of such Code 
shall be applied with respect to any such 
failure by substituting ‘$100’ for ‘$25’. 
The preceding sentence shall not apply if 
the Secretary of the Treasury or the Sec-
retary’s delegate determines that reason-
able diligence has been exercised by the 
trustees of such plan in attempting to 
timely file such report. 
‘‘(G) 1974 UMWA
PENSION
PLAN
DE-
FINED.—For purposes of this paragraph, the 
term ‘1974 UMWA Pension Plan’ has the 
meaning given the term in section 9701(a)(3) 
of the Internal Revenue Code of 1986, but 
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279 
without regard to the limitation on participation 
to individuals who retired in 1976 and there-
after.’’. 
(b) CUSTOMS USER FEES.— 
(1) IN
GENERAL.—Section 13031(j)(3)(A) of 
the Consolidated Omnibus Budget Reconciliation Act 
of 1985 (19 U.S.C. 58c(j)(3)(A)), as amended by 
section 105(a) of the Health Benefits for Miners Act 
of 2017, is amended by striking ‘‘January 14, 2026’’ 
and inserting ‘‘May 13, 2026’’. 
(2) RATE
FOR
MERCHANDISE
PROCESSING 
FEES.—Section 503 of the United States–Korea 
Free Trade Agreement Implementation Act (Public 
Law 112–41; 19 U.S.C. 3805 note), as amended by 
section 105(b) of the Health Benefits for Miners Act 
of 2017, is amended by striking ‘‘January 14, 2026’’ 
and inserting ‘‘May 13, 2026’’. 
TITLE VII—LAND MANAGEMENT 
AND SCIENCE 
SEC. 701. ANWR. 
(a) INCLUSION OF ARCTIC COASTAL PLAIN.—In fur-
therance of the Wilderness Act (16 U.S.C. 1131 et seq.), 
an area within the Arctic National Wildlife Refuge in the 
State of Alaska comprising approximately 1,559,538 
acres, as generally depicted on a map entitled ‘‘Arctic Na-
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280 
tional Wildlife Refuge—1002 Area Alternative E—Wilder-
ness Designation’’ and dated October 28, 1991, is hereby 
designated as wilderness and, therefore, as a component 
of the National Wilderness Preservation System. 
(b) AVAILABILITY OF MAP.—The map referred to in 
subsection (a) shall be available for inspection in the ap-
propriate office of the Secretary of the Interior. 
(c) ADMINISTRATION.—The Secretary of the Interior 
shall administer the area designated as wilderness by sub-
section (a) in accordance with the Wilderness Act as part 
of the wilderness area already in existence within the Arc-
tic National Wildlife Refuge as of the date of the enact-
ment of this Act. 
SEC. 702. LAND MANAGEMENT STANDARD. 
Section 302(b) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1732(b)) is amended in 
the last sentence by inserting ‘‘degradation’’ after ‘‘unnec-
essary’’. 
SEC. 703. GEOLOGICAL AND GEOPHYSICAL DATA. 
Section 351(k) of the Energy Policy Act of 2005 (42 
U.S.C. 15908(k)) is amended by striking ‘‘2006 through 
2010’’ and inserting ‘‘2018 through 2022’’. 
SEC. 704. LAND AND WATER CONSERVATION FUND. 
(a) IN GENERAL.—Section 200302 of title 54, United 
States Code, is amended— 
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281 
(1) in subsection (b), in the matter preceding 
paragraph (1), by striking ‘‘During the period end-
ing September 30, 2018, there’’ and inserting 
‘‘There’’; and 
(2) in subsection (c)(1), by striking ‘‘through 
September 30, 2018’’. 
(b) PUBLIC ACCESS.—Section 200306 of title 54, 
United States Code, is amended by adding at the end the 
following: 
‘‘(c) PUBLIC ACCESS.—For each fiscal year, not less 
than 1.5 percent of amounts made available for expendi-
ture in such fiscal year under section 200303, or 
$10,000,000, whichever is greater, shall be used for 
projects that secure recreational public access to existing 
Federal public land for hunting, fishing, and other rec-
reational purposes.’’. 
(c) PARITY FOR TERRITORIES AND THE DISTRICT OF 
COLUMBIA.—Section 200305(b) of title 54, United States 
Code, is amended by striking paragraph (5). 
SEC. 705. MITIGATION. 
The provisions of the order of the Secretary of the 
Interior numbered 3349 and dated March 29, 2017 (relat-
ing to American energy independence) that revoke the 
order of the Secretary numbered 3330 and dated October 
31, 2013 (relating to improving mitigation policies and 
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