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 2016’’ or the ‘‘RECLAIM Act 
of 2016’’. 
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) IN GENERAL.—From amounts deposited into 
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 2017 through 2021 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. 
‘‘(b) USE OF FUNDS.—Funds distributed to a State 
or Indian tribe under subsection (c) shall be used only for 
those projects that meet the following criteria: 
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‘‘(1) RELATED TO THE RECLAMATION OF ABAN-
DONED MINE LANDS AND WATERS.—The project is 
designed to— 
‘‘(A) achieve one or more of the priorities 
stated in section 403(a); or 
‘‘(B) be conducted on land adjacent to eli-
gible lands 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 for the 
economic development of the project site or pro-
mote the general welfare through economic and 
community development of the area in which 
the project is conducted. 
‘‘(B) DEMONSTRATION OF CONDITIONS.— 
Such conditions are demonstrated by— 
‘‘(i) documentation of the role of the 
project in the area’s economic development 
strategy or other economic and community 
development planning process; 
‘‘(ii) any other documentation of the 
planned economic and community use of 
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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. 
‘‘(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 such reduction; or 
‘‘(B)(i) that has traditionally relied on coal 
mining for a substantial portion of its economy; 
and 
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‘‘(ii) in which the economic contribution of 
coal mining has significantly declined. 
‘‘(4) 
STAKEHOLDER
COLLABORATION.—The 
project has been the subject of project planning 
under subsection (f) and has been the focus of col-
laboration, 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. 
‘‘(c) DISTRIBUTION OF FUNDS.— 
‘‘(1) UNCERTIFIED STATES.— 
‘‘(A) IN
GENERAL.—From the amount 
made available in subsection (a), 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 program ap-
proved under section 405 or are referred to in 
section 402(g)(8)(B), and have not made a cer-
tification under section 411(a) in which the 
Secretary has concurred, as follows: 
‘‘(i) FISCAL YEARS 2017 AND 2018.— 
For each of fiscal years 2017 and 2018, 
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the Secretary shall allocate such funds 
through a formula based on the amount of 
coal historically produced in each State or 
from the lands of each Indian tribe con-
cerned before August 3, 1977. 
‘‘(ii) FISCAL
YEARS
2019
THROUGH 
2021.—For each of fiscal years 2019 
through 2021, the Secretary shall allocate 
to each State and Indian tribe either— 
‘‘(I) the amount allocated to the 
State or Indian tribe for fiscal year 
2017, plus any amount reallocated to 
it under this paragraph, if it has com-
mitted the full amount of its alloca-
tion for the preceding fiscal year to el-
igible projects; or 
‘‘(II) the lesser of the amount the 
State or Indian tribe has committed 
to eligible projects from its allocation 
for the preceding fiscal year or the 
amount allocated to the State or In-
dian tribe for fiscal year 2017, if it 
has not committed the full amount of 
its allocation for the preceding fiscal 
year to eligible projects. 
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‘‘(iii) FISCAL YEAR 2022.—For fiscal 
year 2022, the Secretary shall allocate to 
each State or Indian tribe the amount re-
allocated to the State or Indian tribe under 
subparagraph (B), if it has committed the 
full amount of its allocation for fiscal year 
2021 to eligible projects. 
‘‘(B) REALLOCATION
OF
UNCOMMITTED 
FUNDS.— 
‘‘(i) FISCAL
YEAR
2019
THROUGH 
2021.—For each of fiscal years 2019 
through 2021, the Secretary shall reallo-
cate in accordance with clause (iii) any 
amount available for distribution under 
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 their annual al-
location for the preceding fiscal year as de-
scribed in clause (iii). 
‘‘(ii) FISCAL
YEAR
2022.—For fiscal 
year 2022, the Secretary shall reallocate in 
accordance with clause (iii) any amount 
available for distribution under this sub-
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‘‘(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.—From the amount 
made available in subsection (a), the Secretary 
shall distribute $5,000,000 annually for each of 
the five fiscal years beginning in fiscal year 
2017 to States and Indian tribes that have a 
State program approved under section 405 
and— 
‘‘(i) have made a certification under 
section 411(a) in which the Secretary has 
concurred; or 
‘‘(ii) receive an allocation by reason of 
the application of section 402(g)(8)(A). 
‘‘(B) APPLICATION
FOR
FUNDS.—Using 
the process in section 405(f), any State or In-
dian tribe described in subparagraph (A) may 
submit a grant application to the Secretary for 
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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 (b). 
‘‘(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 purposes of this section. 
‘‘(d) RESOLUTION
OF
SECRETARY’S
CONCERNS; 
CONGRESSIONAL NOTIFICATION.—If the Secretary does 
not agree with a State or Indian tribe that a proposed 
project meets the criteria set forth in subsection (b)— 
‘‘(1) the Secretary and the State or tribe shall 
meet and confer for a period of not less than 30 
days to resolve the Secretary’s concerns; 
‘‘(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 
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‘‘(3) at the end of that period, if the Secretary’s 
concerns are not resolved the Secretary shall provide 
to the Congress an explanation of the concerns. 
‘‘(e) ACID MINE DRAINAGE TREATMENT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
State or Indian tribe that receives funds under this 
section may retain a portion of such funds as is nec-
essary to supplement the State’s or tribe’s acid mine 
drainage abatement and treatment fund established 
under section 402(g)(6)(A), for future operation and 
maintenance costs for the treatment of acid mine 
drainage associated with the individual projects 
funded under this section. A State or Indian tribe 
shall specify the total funds allotted for such costs 
in its application submitted under subsection 
(c)(2)(B). 
‘‘(2) CONDITION.—A State or Indian tribe may 
retain and use funds under this subsection only if 
the State or tribe can demonstrate that the annual 
grant distributed to the State or tribe pursuant to 
section 401(f), including any interest from the 
State’s or tribe’s acid mine drainage abatement and 
treatment fund that is not used for the operation or 
maintenance of preexisting acid mine drainage treat-
ment systems, is insufficient to fund the operation 
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and maintenance of any acid mine drainage treat-
ment system associated with an individual project 
funded under this section. 
‘‘(f) 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 distribu-
tion for project planning and the costs of ad-
ministering 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 (a), the 
Secretary may expend, without further appropria-
tion, not more than $3,000,000 for the five full fis-
cal years following the date of the enactment of the 
RECLAIM Act of 2016 for staffing and other ad-
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ministrative expenses necessary to carry out this sec-
tion. 
‘‘(g) REPORT TO CONGRESS.—Each State and Indian 
tribe to which funds are distributed under this section 
shall provide to the Congress and the Secretary at the end 
of each fiscal year for which such funds are distributed 
a detailed report on the various projects that have been 
undertaken with such funds and the community and eco-
nomic benefits that are resulting, or are expected to result 
from, the use of the funds. 
‘‘(h) COMMITTED DEFINED.—For purposes of this 
section the term ‘committed’— 
‘‘(1) means that the State or Indian tribe re-
ceiving funds has executed a project agreement with 
an applicant for such funds; and 
‘‘(2) includes any amount used for project plan-
ning under subsection (f).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section of such Act 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 
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paragraph (10), by redesignating paragraph (11) as 
paragraph (12), and by inserting after paragraph 
(10) the following: 
‘‘(11) to implement section 416; and’’; 
(2) 
in 
section 
401(d)(3) 
(30 
U.S.C. 
1231(d)(3)), by striking ‘‘subsection (f)’’ and 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(c)(2)(A).’’; and 
(4) in section 403(c) (30 U.S.C. 1233(c))— 
(A) in the first sentence, by— 
(i) inserting ‘‘any of’’ after ‘‘which 
meet’’; and 
(ii) striking ‘‘paragraphs (1) and (2) 
of’’; 
(B) by inserting after the second sentence 
the following: ‘‘As practicable, States and In-
dian tribes shall offer such amendments based 
on the use of remote sensing, global positioning 
systems, and other advanced technologies.’’; and 
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(C) by adding at the end the following: 
‘‘The Secretary may perform any work nec-
essary to amend any entry in the inventory that 
has not been updated by a State or Indian tribe 
within the preceding 3 years to ensure that the 
entry is up-to-date and accurate.’’. 
Æ 
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