IB 
Union Calendar No. 176 
116TH CONGRESS 
1ST SESSION H. R. 2156 
[Report No. 116–223] 
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 HOUSE OF REPRESENTATIVES 
APRIL 9, 2019 
Mr. CARTWRIGHT (for himself, Mr. ROGERS of Kentucky, Mr. BEYER, and 
Mr. THOMPSON of Pennsylvania) introduced the following bill; which was 
referred to the Committee on Natural Resources 
OCTOBER 4, 2019 
Additional sponsors: Mr. RYAN, Mr. YARMUTH, Mr. LOWENTHAL, Mr. 
PETERS, Mr. HUFFMAN, Mr. FLEISCHMANN, Mrs. BUSTOS, Mr. TONKO, 
Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. SIRES, Mr. BLUMENAUER, 
Mr. GRIJALVA, Ms. CASTOR of Florida, Mr. BEN RAY LUJA´N of New 
Mexico, Mr. FITZPATRICK, Mr. MEUSER, Mr. KRISHNAMOORTHI, Mr. MI-
CHAEL F. DOYLE of Pennsylvania, Ms. SEWELL of Alabama, Ms. 
HAALAND, Mr. GALLEGO, Mr. VAN DREW, Mr. LAMB, Ms. WILD, Mr. 
SOTO, Mr. GUTHRIE, Mr. STIVERS, Mr. MCKINLEY, Ms. DEAN, Mr. 
DAVID P. ROE of Tennessee, Mr. KELLY of Pennsylvania, Mr. GRIFFITH, 
Mr. JOHNSON of Ohio, Mr. ROUDA, Ms. SCANLON, Mr. HIMES, Mr. 
COHEN, Mr. CONNOLLY, Ms. HOULAHAN, Mr. MCEACHIN, Mr. FOSTER, 
Ms. KELLY of Illinois, Mr. WELCH, Mr. QUIGLEY, Mr. KILMER, Mrs. 
AXNE, Mr. EVANS, Mr. ESPAILLAT, Mr. HASTINGS, Mr. DESJARLAIS, 
Ms. DEGETTE, Mr. HECK, Mr. PERLMUTTER, Ms. PINGREE, Mr. CASE, 
Ms. BROWNLEY of California, Ms. SCHAKOWSKY, Mr. BURCHETT, Ms. 
DELBENE, Ms. SLOTKIN, Mr. RICHMOND, and Mr. CROW 
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OCTOBER 4, 2019 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 9, 2019] 
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, di-
versification, and development in economically distressed 
communities through the reclamation and restoration of 
land and water resources adversely affected by coal min-
ing carried out before August 3, 1977, and for other 
purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Revitalizing the Econ-
omy of Coal Communities by Leveraging Local Activities 
and Investing More Act of 2019’’ or the ‘‘RECLAIM Act 
of 2019’’. 
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 REVITALIZA-
TION. 
‘‘(a) PURPOSE.—The purpose of this section is to pro-
mote economic revitalization, diversification, and develop-
ment in economically distressed mining communities 
through the reclamation and restoration of land and water 
resources adversely affected by coal mining carried out be-
fore 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 avail-
able, $200,000,000 shall be made available to the Secretary, 
without further appropriation, for each of fiscal years 2020 
through 2024 for distribution to States and Indian tribes 
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in accordance with this section for reclamation and restora-
tion projects at sites identified as priorities under section 
403(a): Provided, That if less than $200,000,000 is avail-
able 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 dis-
tributions made available under this section. 
‘‘(c) USE OF FUNDS.—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) that 
meet the following criteria: 
‘‘(1) CONTRIBUTION TO FUTURE ECONOMIC OR 
COMMUNITY DEVELOPMENT.— 
‘‘(A) IN GENERAL.—The project, upon com-
pletion of reclamation, is intended to create fa-
vorable conditions for the economic development 
of the project site or create favorable conditions 
that promote the general welfare through eco-
nomic 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 
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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 dem-
onstrates the project will meet the criteria 
set forth in this subsection. 
‘‘(2) LOCATION IN ECONOMICALLY DISTRESSED 
COMMUNITY AFFECTED BY RECENT DECLINE IN MIN-
ING.— 
‘‘(A) IN GENERAL.—The project will be con-
ducted in a community— 
‘‘(i) 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 economic distress; or 
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‘‘(ii)(I) that has historically relied on 
coal mining for a substantial portion of its 
economy; and 
‘‘(II) in which the economic contribu-
tion of coal mining has significantly de-
clined. 
‘‘(B) SUBMISSION
AND
PUBLICATION
OF 
EVIDENCE OR ANALYSIS.—Any evidence or anal-
ysis relied upon in selecting the location of a 
project under this subparagraph shall be sub-
mitted to the Secretary for publication. The Sec-
retary shall publish such evidence or analysis in 
the Federal Register within 30 days after receiv-
ing such submission. 
‘‘(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, in-
cluding partnerships, as appropriate, with inter-
ested persons or local organizations. 
‘‘(B) PUBLIC NOTICE.—As part of project 
planning— 
‘‘(i) the public has been notified of the 
project and has been given an opportunity 
to comment at a public meeting convened in 
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a community near the proposed project site; 
and 
‘‘(ii) the State or Indian tribe pub-
lished notice of such meetings in local news-
papers of general circulation, on the Inter-
net, and by any other means considered de-
sirable by the Secretary. 
‘‘(C) 
ELECTRONIC
NOTIFICATION.—The 
State or Indian tribe established a way for inter-
ested persons to receive electronically all public 
notices issued under subparagraph (B) and any 
written declarations submitted to the Secretary 
under paragraph (5). 
‘‘(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. 
‘‘(5) WAIVER.—If the State or Indian tribe— 
‘‘(A) cannot provide documentation de-
scribed in paragraph (1)(B) for a project con-
ducted under a priority stated in paragraph (1) 
or (2) of section 403(a), or 
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‘‘(B) is unable to meet the requirements 
under paragraph (2), 
the State or Indian tribe shall submit a written dec-
laration to the Secretary requesting an exemption 
from the requirements of those subparagraphs. The 
declaration must explain why achieving favorable 
conditions for economic or community development at 
the project site is not practicable, or why the require-
ments of paragraph (2) cannot be met, and that suffi-
cient funds distributed annually under section 401 
are not available to implement the project. Such re-
quest for an exemption is deemed to be approved, ex-
cept the Secretary shall deny such request if the Sec-
retary determines the declaration to be substantially 
inadequate. Any denial of such request shall be re-
solved at the State’s or Indian tribe’s request through 
the procedures described in subsection (e). 
‘‘(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 fis-
cal years 2020 through 2024 to States and In-
dian tribes that have a State or tribal program 
approved under section 405 or are referred to in 
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section 402(g)(8)(B), and have not made a cer-
tification under section 411(a) in which the Sec-
retary 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 rec-
lamation fees paid during the period of fis-
cal years 2012 through 2016 for lands in 
each State or lands of each Indian tribe 
concerned. 
‘‘(B) SUPPLEMENTAL FUNDS.—Funds dis-
tributed under this section— 
‘‘(i) shall be in addition to, and shall 
not affect, the amount of funds distrib-
uted— 
‘‘(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 
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has concurred, subject to the cap de-
scribed in section 402(i)(3); 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.—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 2020 
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 In-
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dian tribe under this paragraph shall be deter-
mined by the Secretary based on the dem-
onstrated 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 des-
ignated 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. 
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‘‘(B) FISCAL
YEARS
2023
AND
2024.—For 
each of fiscal years 2023 and 2024, the Secretary 
shall reallocate in accordance with subparagraph 
(D) any amount available for distribution under 
this subsection that has not been committed to el-
igible 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
2025.—For fiscal year 
2025, 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 distrib-
uted under paragraph (1)(A), among the States 
and Indian tribes that have committed to eligible 
projects the full amount of their annual alloca-
tion 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— 
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‘‘(i) the proportion of unreclaimed eli-
gible 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 con-
cerned; 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 pre-
ceding the fiscal year for which the realloca-
tion is made. 
‘‘(e) RESOLUTION OF SECRETARY’S CONCERNS; CON-
GRESSIONAL 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; 
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‘‘(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 eligi-
ble 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 estab-
lished under section 402(g)(6)(A), for future operation 
and maintenance costs for the treatment of acid mine 
drainage associated with the individual projects fund-
ed 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 distrib-
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uted 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 pre-
existing acid mine drainage treatment systems, is in-
sufficient 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 distribu-
tion 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 
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‘‘(vi) engaging in other similar activi-
ties necessary to facilitate reclamation ac-
tivities 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 dur-
ing the fiscal years for which distributions occur 
under subsection (b) for staffing and other adminis-
trative expenses necessary to carry out this section. 
‘‘(h) REPORT TO CONGRESS.—The Secretary shall pro-
vide 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 Com-
mittee on Energy and Natural Resources of the Senate at 
the end of each fiscal year for which such funds are distrib-
uted a detailed report— 
‘‘(1) on the various projects that have been un-
dertaken 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 
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‘‘(4) the reduction since the previous report in 
the inventory referred to in section 403(c). 
‘‘(i) PROHIBITION ON CERTAIN USE OF FUNDS.—Any 
State or Indian tribe that uses the funds distributed under 
this section for purposes other than reclamation or drainage 
abatement expenditures, as made eligible by section 404, 
and for the purposes authorized under subsections (f) and 
(g), shall be barred from receiving any subsequent funding 
under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
the first section of the Surface Mining Control and Rec-
lamation 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 para-
graph (10), by redesignating paragraph (11) as para-
graph (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)’’; 
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(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 in-
serting 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 tech-
nologies.’’. 
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 enact-
ment 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 Rec-
lamation Fund; and 
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(2) the impact of such use on payments and 
transfers under the Surface Mining Control and Rec-
lamation 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. PAYMENTS TO CERTIFIED STATES NOT AFFECTED. 
Nothing in this Act shall be construed to reduce or oth-
erwise affect payments under section 402(g) of the Surface 
Mining Reclamation and Control Act of 1977 (30 U.S.C. 
1232(g)) to States that have made a certification under sec-
tion 411(a) of such Act (30 U.S.C. 1240a(a)) in which the 
Secretary of the Interior has concurred. 
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Union Calendar No. 176 
116TH CONGRESS 
1ST SESSION 
H. R. 2156 
[Report No. 116–223] 
A BILL 
To amend the Surface Mining Control and Rec-
lamation Act of 1977 to provide funds to States 
and Indian tribes for the purpose of promoting 
economic revitalization, diversification, and devel-
opment 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. 
OCTOBER 4, 2019 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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