[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 738 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 738

  To amend the Surface Mining Control and Reclamation Act of 1977 to 
provide funds to States and Indian tribes for the purpose of promoting 
     economic revitalization, diversification, and development in 
    economically distressed communities through the reclamation and 
  restoration of land and water resources adversely affected by coal 
   mining carried out before August 3, 1977, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2017

  Mr. Manchin (for himself, Mr. Brown, Mr. Kaine, Mr. Casey, and Mr. 
    Warner) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Surface Mining Control and Reclamation Act of 1977 to 
provide funds to States and Indian tribes for the purpose of promoting 
     economic revitalization, diversification, and development in 
    economically distressed communities through the reclamation and 
  restoration of land and water resources adversely affected by coal 
   mining carried out before August 3, 1977, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Revitalizing the Economy of Coal 
Communities by Leveraging Local Activities and Investing More Act of 
2017'' or the ``RECLAIM Act of 2017''.

SEC. 2. ECONOMIC REVITALIZATION FOR COAL COUNTRY.

    (a) In General.--Title IV of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended by adding 
at the end the following:

``SEC. 416. ABANDONED MINE LAND ECONOMIC REVITALIZATION.

    ``(a) 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' includes, 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 available 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, 
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.
    ``(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:
            ``(1) Related to the reclamation of abandoned mine land and 
        waters.--The project is designed--
                    ``(A) to achieve one or more of the priorities 
                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 reasonably 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;
                            ``(ii) 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) agreed to by the State or Indian 
                        tribe that demonstrates 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 economically 
                by a reduction in coal mining-related activity over the 
                preceding 5 years, as demonstrated by employment data, 
                per capita income, 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
                    ``(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:
                            ``(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 formula based on the 
                        quantity of coal historically 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 
                                eligible projects, an amount equal to 
                                the lesser of--
                                            ``(aa) the amount the State 
                                        or Indian tribe has committed 
                                        to eligible projects from the 
                                        allocation 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 reallocated 
                        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 reallocate in accordance with 
                        clause (iii) any amount available for 
                        distribution under this subsection that has not 
                        been committed to eligible projects in the 
                        preceding 2 fiscal years, among the States and 
                        Indian tribes that have committed to eligible 
                        projects the full amount of the annual 
                        allocation 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 
                        subsection that has not been committed to 
                        eligible projects or distributed under 
                        subparagraph (A)(iii), among the States and 
                        Indian tribes that have committed to eligible 
                        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--
                                    ``(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 
                                mining 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 distributed 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 
                        distributed to a State or Indian tribe by 
                        reason of the application of section 402(g)(8).
            ``(2) Additional funding to certain states and indian 
        tribes.--
                    ``(A) Eligibility.--Of the amount made available 
                under subsection (b), the Secretary 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 Secretary 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 Secretary for 
                        funds under this paragraph.
                            ``(ii) Review.--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 and Indian tribe under this 
                paragraph shall be determined by the Secretary based on 
                the demonstrated 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 consult with 
        any appropriate Federal agency, such as the Appalachian 
        Regional Commission, the Economic 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 
        Indian tribe 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.
            ``(2) Application.--A State or Indian tribe shall specify 
        the total funds allotted for costs described 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 annual grant distributed to the 
        State or Indian tribe pursuant to section 401(f), including any 
        interest from the acid mine drainage abatement and treatment 
        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 this section for project 
                planning and the costs of administering this section.
                    ``(B) Planning requirements.--Planning 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 activities 
                        necessary to facilitate reclamation activities 
                        under this section.
            ``(2) Secretary.--In addition to amounts available for 
        distribution under subsection (b), the Secretary may expend, 
        without further appropriation, not more than $3,000,000 for the 
        5 fiscal years beginning after the date of enactment of the 
        RECLAIM Act of 2017 for staffing and other administrative 
        expenses necessary 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--
            ``(1) the various projects that have been undertaken with 
        the funds; and
            ``(2) the community and economic benefits that are 
        resulting, or are expected to result, from the use of the 
        funds.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the Surface Mining Control 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. Remaining incentives.
``Sec. 416. Abandoned mine land economic revitalization.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Abandoned Mine Reclamation Fund and Purposes.--Section 401(c) 
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1231) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (10), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (11) as paragraph 
                (12); and
                    (C) by inserting after paragraph (10) the 
                following:
            ``(11) to implement section 416; and''; and
            (2) in subsection (d)(3), by inserting ``and section 
        416(b)'' before the period at the end.
    (b) Reclamation Fee.--Section 402(g) of the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1232(g)) is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by inserting ``and section 416'' after ``subsection (h)''; 
        and
            (2) in paragraph (3), by adding at the end the following:
                    ``(F) For the purpose of section 416(b)(2)(A).''.
    (c) Objectives of Fund.--Section 403(c) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1233(c)) is amended--
            (1) in the first sentence--
                    (A) by striking ``For'' and inserting the 
                following:
            ``(1) In general.--For'';
                    (B) by inserting ``any of'' after ``which meet''; 
                and
                    (C) by striking ``paragraphs (1) and (2) of'';
            (2) in the second sentence--
                    (A) by striking ``Under'' and inserting the 
                following:
            ``(2) Amendments.--
                    ``(A) In general.--Under''; and
                    (B) by inserting after subparagraph (A) (as so 
                designated) the following:
                    ``(B) Advanced technologies.--As practicable, 
                States and Indian tribes shall offer amendments 
                described in subparagraph (A) based on the use of 
                remote sensing, global positioning systems, and other 
                advanced technologies.'';
            (3) by striking ``The Secretary shall provide'' and 
        inserting the following:
            ``(3) Assistance.--The Secretary shall provide'';
            (4) by striking ``The Secretary shall compile'' and 
        inserting the following:
            ``(4) Inventory.--
                    ``(A) In general.--The Secretary shall compile'';
            (5) in the last sentence by striking ``On'' and inserting 
        the following:
                    ``(B) Projects.--On''; and
            (6) by adding at the end the following:
                    ``(C) Updates.--The Secretary may perform any work 
                necessary 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.''.
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