[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.
____________________