[Congressional Record Volume 163, Number 53 (Monday, March 27, 2017)]
[Senate]
[Pages S1997-S2000]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCONNELL (for himself and Mrs. Capito):
  S. 728. 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; to the Committee on Energy and Natural Resources.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 728

       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) 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 2017 through 2021 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 for Priority Sites.--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). In addition, if the project is classified 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 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 community affected by recent decline in 
     mining.--The project will be conducted in a community--
       ``(A) 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 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, including partnerships, as appropriate, 
     with interested 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 programs, approved under section 405 or 
     referred to in section 402(g)(8)(B), which may include 
     subcontracting project-related activities, as appropriate.
       ``(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 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

[[Page S1998]]

     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--

       ``(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 described in section 402(i)(3); 
     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.--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 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 years 2020 and 2021.--For each of fiscal years 
     2020 and 2021, the Secretary shall reallocate in accordance 
     with subparagraph (D) 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 their annual allocation for the preceding 
     fiscal year.
       ``(C) Fiscal year 2022.--For fiscal year 2022, the 
     Secretary shall reallocate in accordance with subparagraph 
     (D) 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.
       ``(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 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.--
       ``(1) In general.--Subject to paragraph (2), 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. 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 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 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 its annual distribution under this section for 
     project planning and the costs of administering this section.
       ``(B) Planning requirements.--Planning 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 activities necessary to 
     facilitate reclamation activities 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 administrative 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 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).''.
       (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

[[Page S1999]]

     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 RESTORATION 
                   INITIATIVE.

       (a) In General.--Subchapter I of chapter 145 of title 40, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 14510. Abandoned mine land reclamation and restoration 
       initiative

       ``(a) In General.--The Appalachian Regional Commission may 
     provide technical assistance, make grants, enter into 
     contracts, or otherwise provide amounts to individuals or 
     entities in the Appalachian region for projects 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 section--
       ``(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 appropriated to carry out this section.
       ``(c) Sources of Assistance.--Subject to subsection (b), a 
     grant provided under this section may be 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 provision 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 chapter 145 of 
     title 40, United States Code, is amended by inserting after 
     the item relating to section 14509 the following:

``14510. Abandoned mine land reclamation and restoration initiative.''.

     SEC. 7. HEADQUARTERS OF APPALACHIAN REGIONAL COMMISSION.

       (a) Finding.--Congress finds that--
       (1) the Delta Regional Commission, the Denali Commission, 
     and the Northern Border Regional Commission are each 
     headquartered in their respective region; and
       (2) the headquarters of the Appalachian Regional Commission 
     should be relocated from the District of Columbia to a more 
     affordable location in the Appalachian Region.
       (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 Cochairman of the 
     Appalachian Regional Commission shall take such actions as 
     may be necessary to carry out the amendment made by paragraph 
     (1).
                                 ______
                                 
      By Mr. KAINE:
  S. 730. A bill to extend the deadline for commencement of 
construction of certain hydroelectric projects; to the Committee on 
Energy and Natural Resources.
  Mr. KAINE. Mr. President, today I am introducing a bipartisan, 
noncontroversial, technical provision pertaining to two proposed 
hydroelectric projects at U.S. Army Corps of Engineers dams in 
Virginia.
  This bill would give the Federal Energy Regulatory Commission, FERC, 
authority to extend commence-construction deadlines for the 3.7 MW 
project at Gathright Dam, FERC Project No. 12737, and the 1.8 MW 
project at Flannagan Dam, FERC Project No. 12740. The timelines for 
these projects have been set back due to challenges with securing Army 
Corps permits. FERC does not oppose this legislation, as the requested 
extensions are still within the overall 10-year window for extension of 
licensing deadlines. There is no known local opposition.
  This provision was passed by the Senate last year as part of the 
Energy Policy Modernization Act, S. 2012. It was also introduced in the 
House by Representative Morgan Griffith and passed the full House 
separately. I am pleased to reintroduce the bill again today and hope 
the Energy & Natural Resources Committee and the full Senate will 
consider it soon.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Ms. Harris):
  S. 731. A bill to establish the Sacramento-San Joaquin Delta National 
Heritage Area; to the Committee on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, I speak on behalf of myself and 
Senator Harris to reintroduce legislation to establish the Sacramento-
San Joaquin Delta National Heritage Area, California's first National 
Heritage Area. I am very pleased to work with Senator Harris, 
Congressman John Garamendi, and our colleagues in the State on this 
much needed legislation. Our legislation will establish a new national 
heritage area in the Sacramento-San Joaquin Delta to promote 
environmental stewardship, heritage conservation, and economic 
development across five delta counties.
  The Delta Protection Commission will manage the heritage area in 
accordance with California law and in partnership with delta 
communities. The management planning process provided by this 
legislation will be open to the public and collaborative. Federal, 
State, Tribal, and local governments, private property owners, and all 
stakeholders will have a voice in the management planning for the 
heritage area.
  The goal is to conserve and protect the delta, its communities, its 
natural resources, and its rich history.
  In short, this legislation does not affect water rights or water 
contracts, nor does it is impose any additional responsibilities on 
local governments or private landowners. Instead, this legislation 
authorizes federal assistance to support local projects as part of an 
inclusive process required by State law.
  The Sacramento-San Joaquin Delta is the largest estuary in the 
Western United States and perhaps the most productive and ecologically 
important watershed in North America. This extensive inland delta is a 
natural marvel and national treasure that must be protected. The delta 
offers recreational opportunities enjoyed by millions of Californians 
and out-of-State visitors alike, who come each year for boating, 
fishing, hunting, and sightseeing.
  The delta provides critical habitat for more than 750 wildlife 
species, including sandhill cranes and other migratory birds along the 
Pacific Flyway. It also provides habitat for iconic native fish like 
the chinook salmon, some as large as 60 pounds, which return each year 
to travel through the delta to spawn in tributaries upstream.
  These same waterways provide freshwater to millions of California 
households and irrigated farmland south of the delta and elsewhere in 
the State.
  Before being converted for farmland starting in the 19th century, the 
delta flooded regularly following the springtime snowmelt and once 
supported the continent's largest Native American communities.
  Later, the delta served as the gateway for the California Gold Rush, 
after which Chinese immigrant workers built hundreds of miles of levees 
to make the delta's rich peat soils available for farming and to 
control flooding.
  Japanese, Chinese, Italian, German, Portuguese, Dutch, Greek, South 
Asian, and other immigrants began the area's farming legacy and 
established proud communities that continue today.
  Over the years, the vibrant ``river culture'' endemic to delta 
communities has attracted the attention of celebrated authors from Mark 
Twain and Jack London to Joan Didion.
  A national heritage area designation would help to preserve this 
uniquely American story by providing supportive local governments 
across the delta with a needed management framework, technical 
assistance, and modest Federal funding.
  Today, the delta faces crisis due to proliferate invasive species, 
urban and agricultural runoff, wastewater overloads, channelization, 
dredging, formidable water exports, and other stressors.
  Many delta islands are now 10 to 20 feet below sea level due to 
subsidence, and the present levee system is inadequate in providing 
reliable flood protection for historic communities, agricultural 
enterprises, and infrastructure. Alarmingly, many existing levees were 
simply not engineered to withstand earthquakes. Should levees fail,

[[Page S2000]]

a rush of saltwater into the interior delta would damage this already 
fragile ecosystem, disrupt drinking water supplies, flood agricultural 
land, inundate towns, and damage roads, powerlines, and water 
infrastructure.
  Establishing the Sacramento-San Joaquin Delta National Heritage Area 
will secure much needed Federal resources for delta communities. Our 
legislation recognizes the delta as a working landscape central to 
California life and seeks to further local projects already underway 
that promote environmental stewardship, heritage conservation, 
community revitalization, and economic development throughout the 
delta.
  This legislation also seeks to fulfill the broadly supported 2009 
California State law that called for a heritage area designation for 
the delta and the Delta Protection Commission's own feasibility report 
in 2012.
  Our legislation is a small part of the commitment the Federal 
Government must make to the California delta. I look forward to 
continuing to work with my colleagues at every level of government to 
restore the delta and its native species, upgrade California's water 
supply, safeguard against flood risk, improve water quality, and 
preserve delta communities' rich heritage and continued vibrancy.

                          ____________________