[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1455 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1455

  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 29, 2021

  Mr. Manchin (for himself, Mr. Casey, Mr. Warner, Mr. Kaine, and Mr. 
Brown) 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 
2021'' or the ``RECLAIM Act of 2021''.

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) Purpose.--The purpose of this section is to promote economic 
revitalization, diversification, and development in economically 
distressed mining communities through the reclamation and restoration 
of land and water resources adversely affected by coal mining carried 
out before 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 2022 through 2026 for distribution to States and Indian 
tribes in accordance with this section for reclamation and restoration 
projects at sites identified as priorities under section 403(a): 
Provided, That if less than $200,000,000 is available 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 distributions 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 completion of 
                reclamation, is intended to create favorable conditions 
                for the economic development of the project site or 
                create favorable conditions 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--
                            ``(i) documentation of the role of the 
                        project in such 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 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 demonstrates 
                        the project will meet the criteria set forth in 
                        this subsection.
            ``(2) Location in economically distressed community 
        affected by recent decline in mining.--
                    ``(A) In general.--The project will be conducted 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
                            ``(ii)(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.
                    ``(B) Submission and publication of evidence or 
                analysis.--Any evidence or analysis relied upon in 
                selecting the location of a project under this 
                subparagraph shall be submitted to the Secretary for 
                publication. The Secretary shall publish such evidence 
                or analysis in the Federal Register within 30 days 
                after receiving 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, including partnerships, as 
                appropriate, with interested persons or local 
                organizations.
                    ``(B) Public notice.--As part of project planning 
                the public has been notified of the project, including 
                not less than 45 days before submission of the project 
                to the Office of Surface Mining Reclamation and 
                Enforcement, the State or Indian Tribe has published 
                notice of the proposed project in local newspapers of 
                general circulation, on the Internet, and by any other 
                means considered desirable by the Secretary, and has 
                provided an opportunity to request a public meeting 
                convened in a community near the proposed project site.
                    ``(C) Electronic notification.--The State or Indian 
                tribe established a way for interested 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 described in 
                paragraph (1)(B) for a project conducted under a 
                priority stated in paragraph (1) or (2) of section 
                403(a), or
                    ``(B) is unable to meet the requirements under 
                paragraph (2), the State or Indian tribe shall submit a 
                written declaration 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 
                requirements of paragraph (2) cannot be met, and that 
                sufficient funds distributed annually under section 401 
                are not available to implement the project. Such 
                request for an exemption is deemed to be approved, 
                except the Secretary shall deny such request if the 
                Secretary determines the declaration to be 
                substantially inadequate. Any denial of such request 
                shall be resolved at the State's or Indian tribe's 
                request through the procedures described in subsection 
                (e).
    ``(d) Distribution of Funds.--
            ``(1) 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 2022 
                through 2026 to States and Indian tribes that have a 
                State or tribal 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) 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 
                        reclamation fees paid during the period of 
                        fiscal years 2012 through 2016 for lands in 
                        each State or lands of each Indian tribe 
                        concerned.
                    ``(B) Supplemental funds.--Funds distributed under 
                this section--
                            ``(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 section 411(h)(2); 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 certified 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 2022 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 Indian tribe under this 
                paragraph shall be determined by the Secretary based on 
                the demonstrated 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 
                                designated 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.
                    ``(B) Fiscal year 2026.--For fiscal year 2026, the 
                Secretary shall reallocate in accordance with 
                subparagraph (C) any amount available for distribution 
                under this subsection that has not been committed to 
                eligible projects or distributed under paragraph 
                (1)(A), among the States and Indian tribes that have 
                committed to eligible projects the full amount of their 
                annual allocation for the preceding fiscal years.
                    ``(C) Amount of reallocation.--The amount 
                reallocated to each State or Indian tribe under each of 
                subparagraph (B) shall be determined by the Secretary 
                to reflect, to the extent practicable--
                            ``(i) the proportion of unreclaimed 
                        eligible 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 concerned; 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 
                        preceding the fiscal year for which the 
                        reallocation is made.
    ``(e) 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 (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;
            ``(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 eligible for funds distributed under this section.
    ``(f) Acid Mine Drainage Treatment.--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 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.
    ``(g) Project Planning and Administration.--
            ``(1) States and indian tribes.--A State or Indian tribe 
        may use up to 10 percent of its annual distribution under this 
        section for costs of administering this section consistent with 
        existing practice under sections 401(c)(7) and 402(g)(1)(C) and 
        the Office of Surface Mining Reclamation and Enforcement 
        Assistance Manual.
            ``(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 
        administrative expenses necessary to carry out this section.
    ``(h) Deadlines.--
            ``(1) Rules and guidelines.--To the extent necessary to 
        implement this Act, the Secretary shall propose rules or 
        develop guidelines (or both) not later than 90 days after the 
        date of enactment of this section and shall publish them as 
        final rules or guidelines, respectively, not later than 90 days 
        thereafter. Within 60 days after the issuance of any such final 
        rules or guidelines, the Secretary shall distribute the funds 
        under subsection (d).
            ``(2) Project proposals.--The appropriate field office of 
        the Office of Surface Mining Reclamation and Enforcement 
        shall--
                    ``(A) initially review, vet, and approve or 
                disapprove of each project proposal under this section 
                within 45 days after receipt by the field office of the 
                proposal; and
                    ``(B) issue an authorization to proceed on an 
                approved project within 45 days after receipt by the 
                field office of a request for such authorization from a 
                State or Indian tribe.
    ``(i) Report to Congress.--The Secretary shall provide 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 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--
            ``(1) on the various projects that have been undertaken 
        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
            ``(4) the reduction since the previous report in the 
        inventory referred to in section 403(c).
    ``(j) 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 Reclamation 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'';
            (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)'';
            (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 sensing, 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 enactment 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 Reclamation 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 and Indian Tribes for which a 
                certification has been made under section 411 of such 
                Act (30 U.S.C.1241);
                    (B) States and Indian Tribes 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 otherwise 
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 section 411(a) of such Act (30 U.S.C. 1240a(a)) in 
which the Secretary of the Interior has concurred.
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