[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1232 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1232

  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

                             April 30, 2019

Mr. Manchin (for himself, Mr. Warner, Mr. Kaine, Mr. Casey, Mr. Brown, 
and Ms. Duckworth) 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 
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 REVITALIZATION.

    ``(a) 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 2020 through 2024 for 
allocation 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.
    ``(b) Use of Funds.--Funds allocated to a State or Indian Tribe 
under subsection (c) shall be used only for those projects that meet 
the following criteria:
            ``(1) Related to the reclamation of abandoned mine land and 
        water.--The project is designed--
                    ``(A) to achieve 1 or more of the priorities stated 
                in section 403(a); or
                    ``(B) to be conducted on land immediately adjacent 
                to eligible land and water 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, on completion of 
                reclamation, 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 
                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 1 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 described in this subsection.
            ``(3) Location in community affected by recent decline in 
        mining.--The project will be conducted in a community--
                    ``(A) in which the economic contribution of coal 
                mining has significantly declined due to a reduction in 
                coal mining-related activity over the preceding 8 
                years, as demonstrated by employment data, per capita 
                income, or other indicators of reduced economic 
                activity attributable to the reduction; or
                    ``(B) that has traditionally relied on coal mining 
                for a substantial portion of the economy of the 
                community.
            ``(4) Stakeholder collaboration.--The project has been--
                    ``(A) the subject of project planning under 
                subsection (f); 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.
    ``(c) Allocation of Funds.--
            ``(1) Uncertified states.--
                    ``(A) Definition of uncertified state.--In this 
                paragraph, the term `Uncertified State' means a State 
                that--
                            ``(i)(I) has a State program approved under 
                        section 405; and
                            ``(II) has not made a certification under 
                        section 411(a) in which the Secretary has 
                        concurred; or
                            ``(ii) is a State described in section 
                        402(g)(8)(B).
                    ``(B) Allocation for fiscal years 2020 through 
                2024.--Of the amount made available under subsection 
                (a), the Secretary shall allocate $195,000,000 for each 
                of fiscal years 2020 through 2024 to Uncertified States 
                through a formula based on the quantity of coal 
                historically produced in each Uncertified State before 
                August 3, 1977.
                    ``(C) Reallocation of uncommitted funds.--
                            ``(i) Definition of committed.--
                                    ``(I) In general.--In this 
                                subparagraph, the term `committed', 
                                with respect to funds received by an 
                                Uncertified State, means that the 
                                funds--
                                            ``(aa) have been 
                                        exclusively applied to or 
                                        reserved for a specific project 
                                        and therefore are not available 
                                        for any other purpose; or
                                            ``(bb) have been expended 
                                        or designated by the 
                                        Uncertified State for the 
                                        completion of a project.
                                    ``(II) Inclusion.--In this 
                                subparagraph, the term `committed', 
                                with respect to funds received by an 
                                Uncertified State, includes the use of 
                                any funds for project planning under 
                                subsection (f).
                            ``(ii) Fiscal year 2022 through 2024.--For 
                        each of fiscal years 2022 through 2024, the 
                        Secretary shall reallocate in accordance with 
                        clause (iv) any amount available for allocation 
                        under this subsection that has not been 
                        committed to eligible projects in the preceding 
                        2 fiscal years, among the Uncertified States 
                        that have committed to eligible projects the 
                        full amount of the annual allocation of the 
                        Uncertified State for the preceding fiscal year 
                        as described in clause (iv).
                            ``(iii) Fiscal year 2025.--For fiscal year 
                        2025, the Secretary shall reallocate in 
                        accordance with clause (iv) any amount 
                        available for allocation under this subsection 
                        that has not been committed to eligible 
                        projects or allocated under subparagraph (B), 
                        among the Uncertified States that have 
                        committed to eligible projects the full amount 
                        of the annual allocation of the Uncertified 
                        State for fiscal year 2024.
                            ``(iv) Amount of reallocation.--The amount 
                        reallocated to each Uncertified State under 
                        each of clauses (ii) and (iii) shall be 
                        determined by the Secretary to reflect, to the 
                        maximum extent practicable--
                                    ``(I) the proportion of unreclaimed 
                                eligible land and water the Uncertified 
                                State has in the inventory maintained 
                                under section 403(c); and
                                    ``(II) the proportion of coal 
                                mining employment loss incurred in the 
                                Uncertified State, as determined by the 
                                Mine Safety and Health Administration, 
                                over the 8-year period preceding the 
                                fiscal year for which the reallocation 
                                is made.
                    ``(D) Supplemental funds.--Funds allocated under 
                this subsection--
                            ``(i) shall be in addition to, and shall 
                        not affect, the amount of funds distributed to 
                        Uncertified States under section 401(f); and
                            ``(ii) shall not reduce any funds 
                        distributed to an Uncertified State by reason 
                        of the application of section 402(g)(8).
            ``(2) Additional funding to certified states and indian 
        tribes.--
                    ``(A) Definitions.--In this paragraph, the terms 
                `State' and `Indian Tribe' mean a State or Indian 
                Tribe, as applicable, that--
                            ``(i) has a State program approved under 
                        section 405; and
                            ``(ii) has made a certification under 
                        section 411(a) in which the Secretary has 
                        concurred.
                    ``(B) Allocation for fiscal years 2020 through 
                2024.--Of the amount made available under subsection 
                (a), the Secretary shall allocate $5,000,000 for each 
                of fiscal years 2020 through 2024 to States and Indian 
                Tribes.
                    ``(C) Application for funds.--
                            ``(i) In general.--Using the process 
                        described in section 405(f), any State or 
                        Indian Tribe 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 (b).
                    ``(D) Allocation of funds.--The amount of funds 
                allocated 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.
    ``(d) Resolution of Concerns of Secretary; Congressional 
Notification.--
            ``(1) In general.--If the Secretary does not agree with a 
        State or Indian Tribe that a proposed project meets the 
        criteria described in subsection (b), the Secretary and the 
        State or Indian Tribe shall meet and confer for a period of not 
        more than 45 days to resolve the concerns of the Secretary.
            ``(2) Consultation.--During the period described in 
        paragraph (1), the Secretary may consult with any appropriate 
        Federal agency, including the Appalachian Regional Commission, 
        the Economic Development Administration, and the Bureau of 
        Indian Affairs, to assist with the resolution of the concerns.
            ``(3) Explanation to congress.--At the end of the period 
        described in paragraph (1), if the concerns of the Secretary 
        are not resolved, the Secretary shall submit to Congress an 
        explanation of the concerns.
    ``(e) 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 (c)(2)(C).
            ``(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.
    ``(f) Project Planning and Administration.--
            ``(1) States.--
                    ``(A) In general.--A State or Indian Tribe may use 
                not greater than 10 percent of the amounts allocated to 
                the State or Indian Tribe under this section for 
                project planning and the costs of administering this 
                section.
                    ``(B) Requirements for public engagement, 
                consultation with secretary.--In carrying out project 
                planning for a proposed project, the State or Indian 
                Tribe, in consultation with the Secretary, shall ensure 
                public engagement at the local level, including by--
                            ``(i) providing to local residents in the 
                        vicinity of the proposed project location--
                                    ``(I) adequate notice; and
                                    ``(II) an opportunity to submit 
                                written comments; and
                            ``(ii) holding not fewer than 1 public 
                        meeting in a community in the vicinity of the 
                        proposed project location--
                                    ``(I) to provide a description of 
                                the proposed project; and
                                    ``(II) to solicit public comment.
                    ``(C) Project planning requirements.--For purposes 
                of this paragraph, project planning may include--
                            ``(i) identification of eligible projects;
                            ``(ii) updating the inventory described in 
                        section 403(c);
                            ``(iii) developing project designs;
                            ``(iv) preparing cost estimates;
                            ``(v) collaborating with stakeholders, 
                        including public meetings; or
                            ``(vi) engaging in other similar activities 
                        necessary to facilitate reclamation activities 
                        under this section.
            ``(2) Secretary.--In addition to amounts available for 
        allocation under subsection (a), the Secretary may expend, 
        without further appropriation, not more than $3,000,000 for the 
        5-fiscal-year period beginning after the date of enactment of 
        the RECLAIM Act of 2019 for staffing and other administrative 
        expenses necessary to carry out this section.
    ``(g) Prohibition on Certain Use of Funds.--Any State or Indian 
Tribe that uses the funds allocated to the State or Indian Tribe under 
this section for purposes other than for the purpose described in 
subsection (a) or for the purpose described in subsection (f) shall be 
barred from receiving any subsequent funding under this section.
    ``(h) Report to Congress.--At the end of each fiscal year for which 
funds are allocated under this section, the Secretary shall submit to 
the Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives a 
detailed report describing--
            ``(1) the projects that have been carried out using the 
        funds;
            ``(2) the community and economic benefits that are 
        resulting, or are expected to result, from the use of the 
        funds; and
            ``(3) the reduction since the previous report in the 
        inventory described in section 403(c).''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the Surface Mining Control and Reclamation Act of 1977 (Public Law 
95-87; 91 Stat. 445; 104 Stat. 1388-297) is amended by adding at the 
end of the items relating to title IV the following:

``Sec. 415. Remining incentives.
``Sec. 416. Abandoned mine land economic revitalization.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) 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--
            (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'' 
        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.''.
    (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 fifth sentence, by striking ``On'' and inserting 
        the following:
                    ``(B) Projects.--On'';
            (2) in the fourth sentence, by striking ``The Secretary 
        shall compile'' and inserting the following:
            ``(4) Inventory.--
                    ``(A) In general.--The Secretary shall compile'';
            (3) in the third sentence, by striking ``The Secretary 
        shall provide'' and inserting the following:
            ``(3) Assistance.--The Secretary shall provide'';
            (4) in the second sentence, by striking ``Under'' and 
        inserting the following:
            ``(2) Amendments.--
                    ``(A) In general.--Under'';
            (5) in the first sentence, by striking ``For'' and 
        inserting the following:
            ``(1) In general.--For'';
            (6) in paragraph (1) (as so designated)--
                    (A) by striking ``which meet'' and inserting ``that 
                meet any of''; and
                    (B) by striking ``paragraphs (1) and (2) of'';
            (7) in paragraph (2) (as so designated), by adding at the 
        end the following:
                    ``(B) Advanced technologies.--A State or Indian 
                Tribe offering amendments under subparagraph (A), 
                shall, if practicable, offer the amendments based on 
                the use of remote sensing, global positioning systems, 
                and other advanced technologies.''; and
            (8) in paragraph (4) (as so designated), 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.''.

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)(A)) is amended by striking 
``$3,000,000'' and inserting ``$5,000,000''.
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