I 
115TH CONGRESS 
1ST SESSION H. R. 1731 
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 
MARCH 27, 2017 
Mr. ROGERS of Kentucky (for himself, Mr. GRIFFITH, Mr. JENKINS of West 
Virginia, Mr. THOMPSON of Pennsylvania, and Mr. CARTWRIGHT) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources, and in addition to the Committee on Transportation and In-
frastructure, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
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 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 REVITAL-
IZATION. 
‘‘(a) PURPOSE.—The purpose of this section is to 
promote economic revitalization, diversification, and devel-
opment 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 
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 
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Indian tribes in accordance with this section for reclama-
tion and restoration projects at sites identified as prior-
ities under section 403(a): Provided, That if less than 
$200,000,000 is available in any fiscal year to the Sec-
retary, such remaining amount shall be made available to 
the Secretary, without further appropriation, and such fis-
cal 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 prior-
ities of section 403(a). In addition, if the project is classi-
fied 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 develop-
ment of the project site or create favorable con-
ditions 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— 
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‘‘(i) documentation of the role of the 
project in such area’s economic develop-
ment strategy or other economic and com-
munity development planning process; 
‘‘(ii) any other documentation of the 
planned economic and community use of 
the project site after the primary reclama-
tion activities are completed, which may in-
clude 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 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 recent reduction in coal mining- 
related activity, as demonstrated by employ-
ment data, per capita income, or other indica-
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tors 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, in-
cluding partnerships, as appropriate, with inter-
ested 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 pro-
grams, approved under section 405 or referred to in 
section 402(g)(8)(B), which may include subcon-
tracting project-related activities, as appropriate. 
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‘‘(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 pro-
gram approved under section 405 or are re-
ferred 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 In-
dian 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— 
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‘‘(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 
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 
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 In-
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dian 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 de-
termined 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 pur-
poses 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; 
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‘‘(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 Sec-
retary shall reallocate in accordance with sub-
paragraph (D) any amount available for dis-
tribution under this subsection that has not 
been committed to eligible projects in the pre-
ceding 2 fiscal years, among the States and In-
dian tribes that have committed to eligible 
projects the full amount of their annual alloca-
tion for the preceding fiscal year. 
‘‘(C) FISCAL YEAR 2022.—For fiscal year 
2022, the Secretary shall reallocate in accord-
ance with subparagraph (D) any amount avail-
able for distribution under this subsection that 
has not been committed to eligible projects or 
distributed under paragraph (1)(A), among the 
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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 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 pe-
riod preceding the fiscal year for which the 
reallocation is made. 
‘‘(e) RESOLUTION OF SECRETARY’S CONCERNS; CON-
GRESSIONAL NOTIFICATION.—If the Secretary does not 
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ation 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 distrib-
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 
preexisting acid mine drainage treatment systems, is 
insufficient to fund the operation and maintenance 
of any acid mine drainage treatment system associ-
ated 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 plan-
ning and the costs of administering this section. 
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‘‘(B) PLANNING
REQUIREMENTS.—Plan-
ning 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 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 
during 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 
provide to the Committee on Natural Resources of the 
House of Representatives, the Committees on Appropria-
tions 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— 
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‘‘(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 de-
scribed 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 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 
paragraph (10), by redesignating paragraph (11) as 
paragraph (12), and by inserting after paragraph 
(10) the following: 
‘‘(11) to implement section 416; and’’; 
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(2) 
in 
section 
401(d)(3) 
(30 
U.S.C. 
1231(d)(3)), by striking ‘‘subsection (f)’’ and insert-
ing ‘‘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 sens-
ing, 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 enact-
ment of this Act, the Comptroller General of the United 
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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 
(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 RES-
TORATION INITIATIVE. 
(a) IN GENERAL.—Subchapter I of chapter 145 of 
title 40, United States Code, is amended by adding at the 
end the following: 
‘‘§ 14510. Abandoned mine land reclamation and res-
toration initiative 
‘‘(a) IN GENERAL.—The Appalachian Regional Com-
mission may provide technical assistance, make grants, 
enter into contracts, or otherwise provide amounts to indi-
viduals or entities in the Appalachian region for projects 
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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 sec-
tion— 
‘‘(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 ap-
propriated to carry out this section. 
‘‘(c) SOURCES
OF ASSISTANCE.—Subject to sub-
section (b), a grant provided under this section may be 
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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 provi-
sion 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 chap-
ter 145 of title 40, United States Code, is amended by 
inserting after the item relating to section 14509 the fol-
lowing: 
‘‘14510. Abandoned mine land reclamation and restoration initiative.’’. 
SEC. 7. HEADQUARTERS OF APPALACHIAN REGIONAL COM-
MISSION. 
(a) FINDING.—Congress finds that— 
(1) the Delta Regional Commission, the Denali 
Commission, and the Northern Border Regional 
Commission are each headquartered in their respec-
tive region; and 
(2) the headquarters of the Appalachian Re-
gional Commission should be relocated from the Dis-
trict of Columbia to a more affordable location in 
the Appalachian Region. 
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(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 Cochair-
man of the Appalachian Regional Commission shall 
take such actions as may be necessary to carry out 
the amendment made by paragraph (1). 
Æ 
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