[House Report 117-435]
[From the U.S. Government Publishing Office]


117th Congress     }                                    {    Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                    {    117-435

======================================================================

 
SAFEGUARDING TREATMENT FOR THE RESTORATION OF ECOSYSTEMS FROM ABANDONED 
                               MINES ACT

                                _______
                                

 July 26, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 7283]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 7283) to amend the Infrastructure Investment and 
Jobs Act to make certain activities eligible for grants from 
the Abandoned Mine Reclamation Fund, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Safeguarding Treatment for the 
Restoration of Ecosystems from Abandoned Mines Act'' or the ``STREAM 
Act''.

SEC. 2. ACTIVITIES THAT ARE ELIGIBLE FOR GRANTS FROM THE ABANDONED MINE 
                    RECLAMATION FUND.

  Section 40701(c) of the Infrastructure Investment and Jobs Act (30 
U.S.C. 1231a(c)) is amended--
          (1) by striking ``Grants under'' and inserting the following:
          ``(1) In general.--Except as provided in paragraph (2), 
        grants under''; and
          (2) by adding at the end the following:
          ``(2) Acid mine drainage abatement and treatment.--
                  ``(A) In general.--Not more than 30 percent of the 
                total amount of a grant made annually under subsection 
                (b)(1) may be retained by the recipient of the grant, 
                if those amounts are deposited into an acid mine 
                drainage abatement and treatment fund established under 
                State law, from which amounts (together with all 
                interest earned on the amounts) are expended by the 
                State for the abatement of the causes and the treatment 
                of the effects of acid mine drainage resulting from 
                coal mining practices, including for the costs of 
                building, operating, maintaining, and rehabilitating 
                acid mine drainage treatment systems.
                  ``(B) Reporting requirements.--Each recipient of a 
                grant under subsection (b)(1) that deposits grant 
                amounts into an acid mine drainage abatement and 
                treatment fund under subparagraph (A) shall--
                          ``(i) offer amendments to the inventory 
                        maintained under section 403(c) of the Surface 
                        Mining Control and Reclamation Act of 1977 (30 
                        U.S.C. 1233(c)) to reflect the use of the 
                        amounts for acid mine drainage abatement and 
                        treatment; and
                          ``(ii) include in the annual grant report of 
                        the recipient information on the status and 
                        balance of amounts in the acid mine drainage 
                        abatement and treatment fund.
                  ``(C) Term.--Amounts retained under subparagraph (A) 
                shall not be subject to--
                          ``(i) subsection (d)(4)(B); or
                          ``(ii) any other limitation on the length of 
                        the term of an annual grant under subsection 
                        (b)(1).''.

                          Purpose of the Bill

    The purpose of H.R. 7283 is to amend the Infrastructure 
Investment and Jobs Act to make certain activities eligible for 
grants from the Abandoned Mine Reclamation Fund.

                  Background and Need for Legislation

    Two centuries of coal mining occurred in the United States 
before the industry was federally regulated. Prior to 1977, 
coal companies operated with few reclamation requirements, 
leaving tens of thousands of abandoned coal mines and tens of 
thousands of miles of polluted waterways behind. The Surface 
Mining Control and Reclamation Act of 1977\1\ (SMCRA) 
established a system for reclaiming these abandoned coal mines 
using fees paid by current coal mining companies to fund grants 
to affected states and tribes.\2\
---------------------------------------------------------------------------
    \1\Pub. L. No. 95-87, 91 Stat. 445 (1977), https://
uscode.house.gov/statviewer.htm?volume=91&page=445 (codified as amended 
at various, see http://uscode.house.gov/table3/95_87.htm) (statutory 
compilation as amended through P.L. 117-58 at https://www.govinfo.gov/
content/pkg/COMPS-1574/pdf/COMPS-1574.pdf).
    \2\Pub. L. No. 95-87, tit. IV, 91 Stat. at 456-67 (codified as 
amended at 30 U.S.C. Sec. Sec. 1231-45).
---------------------------------------------------------------------------
    Under SMCRA, states and tribes can set aside up to 30 
percent of their annual abandoned coal mine cleanup grants for 
the treatment of Acid Mine Drainage (AMD), one of the most 
devastating effects of abandoned coal mines. AMD is polluted 
water that flows out of abandoned mines into streams and 
rivers. This water is often laden with heavy metals and can be 
highly acidic, turning waterways bright orange and devastating 
all aquatic life for hundreds or thousands of years. ``Set-
aside accounts,'' plus interest, can be spent by the state on 
acid mine drainage treatment as needed, including operation and 
maintenance costs for existing treatment facilities as well as 
new projects. Eleven states (AL, IL, IN, KY, MD, MO, PA, OH, 
TN, VA, WV) currently have AMD set-aside accounts. Each state 
sets aside a range of 1-30 percent of their abandoned mine land 
grants annually.
    Restoring waterways affected by AMD can be costly and 
requires long-term treatment but doing so can bring back 
substantial economic and recreational opportunities. The annual 
operating costs of larger AMD treatment facilities can reach 
into the hundreds of thousands of dollars.
    On November 15, 2021, President Biden signed H.R. 3684, the 
Infrastructure Investment and Jobs Act\3\ (IIJA) into law. The 
IIJA (sometimes called the Bipartisan Infrastructure Framework 
or ``BIF'' or the Bipartisan Infrastructure Law or ``BIL'') 
includes $11.3 billion for abandoned coal mine cleanup, a 
historic investment that will supplement the standard SMCRA 
annual grants to states and tribes.\4\
---------------------------------------------------------------------------
    \3\Pub. L. No. 117-58, 135 Stat. 429 (2021), https://
uscode.house.gov/statviewer.htm?volume=135&page=429.
    \4\Pub. L. No. 117-58, div. D, tit. VII, 135 Stat. at 1091-94, 
https://uscode.house.gov/statviewer.htm?volume=135&page=1091.
---------------------------------------------------------------------------
    However, after the IIJA was signed into law, the Office of 
Surface Mining Reclamation and Enforcement (OSMRE) at the 
Department of the Interior, which oversees the grant programs, 
made a legal determination that the supplemental appropriations 
in the IIJA cannot be used for AMD set-aside accounts.
    H.R. 7283 makes a technical correction amending the IIJA so 
that the supplemental funds can be used for this purpose. This 
change will allow states to maintain upkeep of their current 
acid mine drainage treatment facilities and incur the long-term 
costs of building new facilities as necessary.
    The STREAM Act does not affect the total amounts 
distributed to states and tribes, it only affects how states 
and tribes can use their allocated funds.

                            Committee Action

    H.R. 7283 was introduced on March 30, 2022, by 
Representative Matt Cartwright (D-PA). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Energy and Mineral Resources. 
On June 9, 2022, the Subcommittee held a hearing on the bill. 
On July 13, 2022, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Chair Ral M. Grijalva (D-AZ) offered an amendment in 
the nature of a substitute. The amendment in the nature of a 
substitute was agreed to by voice vote. The bill, as amended, 
was adopted and ordered favorably reported to the House of 
Representatives by voice vote.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Energy and Mineral Resources 
held on June 9, 2022.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the bill's short title, the 
``Safeguarding Treatment for the Restoration of Ecosystems and 
Abandoned Mines Act'' or the ``STREAM Act''.

Section 2. Activities eligible for grants from the abandoned mine 
        reclamation fund

    Section 2 amends Section 40701(c) of the Infrastructure 
Investment and Jobs Act by making acid mine drainage abatement 
and treatment eligible for grant funding.
    Up to 30 percent of the total amount of a grant made 
annually to a state or tribe may be deposited into an establish 
acid mine drainage abatement and treatment fund. Amounts from 
that fund, plus interest earned, can be expended by the state 
for abatement and treatment of acid mine drainage that resulted 
from coal mining.
    Grant recipients that deposit funds into an acid mine 
drainage abatement and treatment fund must amend their 
inventory of abandoned coal mine sites to reflect the use of 
funds on acid mine drainage treatment and include information 
on their acid mine drainage treatment fund in their annual 
grant report.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

           Compliance With House Rule XIII and Congressional 
                               Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
The bill has been noticed for consideration by the House under 
suspension of the rules with the amendment that the Natural 
Resources Committee favorably reports herein, and without any 
further amendment. With respect to the requirements of clause 
3(c)(2) and (3) of rule XIII of the Rules of the House of 
Representatives and sections 308(a) and 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
from the Director of Congressional Budget Office a cost 
estimate for this bill and a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The Committee has received the following partial 
response for the bill from the Director of the Congressional 
Budget Office, which reflects the text of the bill as reported 
and as noticed for suspension:

Legislation Considered Under Suspension of the Rules

    The Majority Leader of the House of Representatives 
announces bills that will be considered under suspension of the 
rules in that chamber. Under suspension, floor debate is 
limited, all floor amendments are prohibited, points of order 
against the bill are waived, and final passage requires a two-
thirds majority vote.
    At the request of the Majority Leader and the House 
Committee on the Budget, CBO estimates the effects of those 
bills on direct spending and revenues. CBO has limited time to 
review the legislation before consideration. Although it is 
possible in most cases to determine whether the legislation 
would affect direct spending or revenues, time may be 
insufficient to estimate the magnitude of those effects. If CBO 
has prepared estimates for similar or identical legislation, a 
more detailed assessment of budgetary effects, including 
effects on spending subject to appropriation, may be included.

             EFFECTS ON DIRECT SPENDING AND REVENUES OF LEGISLATION CONSIDERED UNDER SUSPENSION OF THE RULES IN THE HOUSE OF REPRESENTATIVES
                                                                  Week of July 25, 2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Additional
                                              Effect on Direct                             Information on       Link to Published   Suspension Bill Text
    Bill Number              Title                Spending         Effect on Revenues    Direct Spending and        Estimates         at docs.house.gov
                                                                                           Revenue Effects
--------------------------------------------------------------------------------------------------------------------------------------------------------
H.R. 310             To posthumously award  Increase by Less      None................  ....................  ....................  https://
                      the Congressional      Than $500K.                                                                             docs.house.gov/
                      Gold Medal,                                                                                                    bills thisweek/
                      collectively, to                                                                                               20220725/ BILLS-
                      Glen Doherty, Tyrone                                                                                           117hr310-SUSv1.pdf
                      Woods, J.
                      Christopher Stevens,
                      and Sean Smith, in
                      recognition of their
                      contributions to the
                      Nation.
H.R. 623             Gabriella Miller Kids  None................  None................  ....................  ....................  https://
                      First Research Act                                                                                             docs.house.gov/
                      2.0, as amended.                                                                                               bills thisweek/
                                                                                                                                     20220725/ BILLS-
                                                                                                                                     117hr623-SUS.pdf
H.R. 1057            Greatest Generation    Reduce by Less Than   None................  Woud increase         ....................  https://
                      of Commemorative       $500K.                                      receipts by $7                              docs.house.gov/
                      Coin Act, as amended.                                              million over 2024-                          bills thisweek/
                                                                                         2025 (reducing                              20220725/ BILLS-
                                                                                         direct spending)                            117hr1057-SUS.pdf
                                                                                         and outlays of
                                                                                         those receipts in
                                                                                         2027 (increasing
                                                                                         direct spending) by
                                                                                         a similar amount.
H.R. 3588            Mathematical and       None................  None................  ....................  ....................  https://
                      Statistical Modeling                                                                                           docs.house.gov/
                      Education Act, as                                                                                              bills thisweek/
                      amended.                                                                                                       20220725/ BILLS-
                                                                                                                                     117hr3588-SUS.pdf
H.R. 3952            NOAA Chief Scientist   None................  None................  ....................  https://www. cbo.gov/ https://
                      Act, as amended.                                                                         publica tion/58325.   docs.house.gov/
                                                                                                                                     bills thisweek/
                                                                                                                                     20220725/ BILLS-
                                                                                                                                     117hr3952-SUS.pdf
H.R. 3962            Securing and Enabling  None................  None................  ....................  ....................  https://
                      Commerce Using                                                                                                 docs.house.gov/
                      Remote and                                                                                                     bills thisweek/
                      Electronic                                                                                                     20220725/ BILLS-
                      Notarization Act of                                                                                            117hr3962-SUS.pdf
                      2022, as amended.
H.R. 4227            Developing and         None................  None................  ....................  ....................  https://
                      Empowering our                                                                                                 docs.house.gov/
                      Aspiring Leaders Act                                                                                           bills thisweek/
                      of 2021, as amended.                                                                                           20220725/ BILLS-
                                                                                                                                     117hr4227-SUSv1.pdf
H.R. 4551            RANSOMWARE Act.......  None................  None................  ....................  ....................  https://
                                                                                                                                     docs.house.gov/
                                                                                                                                     bills thisweek/
                                                                                                                                     20220725/ BILLS-
                                                                                                                                     117hr4551-SUSv1.pdf
H.R. 4586            Risk-Based Credit      None................  None................  ....................  https://www. cbo.gov/ https://
                      Examination Act, as                                                                      publica tion/58316.   docs.house.gov/
                      amended.                                                                                                       bills thisweek/
                                                                                                                                     20220725/ BILLS-
                                                                                                                                     117hr4586-SUS.pdf
H.R. 4590            Promoting New and      Increase by at Least  Increase by at Least  $1 million reduction  ....................  https://
                      Diverse Depository     $500K.                $500K.                in the deficit.                             docs.house.gov/
                      Institutions Act, as                                                                                           bills thisweek/
                      amended.                                                                                                       20220725/ BILLS-
                                                                                                                                     117hr4590-SUSv1.pdf
H.R. 4990            ITS Codification Act,  Increase by Less      Increase by Less      Negligible net        ....................  https://
                      as amended.            Than $500K.           Than $500K.           change in the                               docs.house.gov/
                                                                                         deficit.                                    bills thisweek/
                                                                                                                                     20220725/ BILLS-
                                                                                                                                     117hr4990-SUS.pdf
H.R. 5093            Wind River             Change by Less Than   None................  Negligible net        https://www. cbo.gov/ https://
                      Administrative Site    $500K, Direction                            change in the         publica tion/58235.   docs.house.gov/
                      Conveyance Act, as     Unknown.                                    deficit.                                    bills thisweek/
                      amended.                                                                                                       20220725/ BILLS-
                                                                                                                                     117hr5093-SUS.pdf
H.R. 5128            Expanding Access to    None................  None................  ....................  ....................  https://
                      Capital for Rural                                                                                              docs.house.gov/
                      Job Creators Act.                                                                                              bills thisweek/
                                                                                                                                     20220725/ BILLS-
                                                                                                                                     117hr5128-SUS.pdf
H.R. 5313            Reese's Law..........  None................  None................  ....................  ....................  https://
                                                                                                                                     docs.house.gov/
                                                                                                                                     bills thisweek/
                                                                                                                                     20220725/ BILLS-
                                                                                                                                     117hr5313-SUSv1.pdf
H.R. 6528            Housing Temperature    None................  None................  ....................  ....................  https://
                      Safety Act of 2022,                                                                                            docs.house.gov/
                      as amended.                                                                                                    billsthisweek/
                                                                                                                                     20220725/ BILLS-
                                                                                                                                     117hr6528-SUS.pdf
H.R. 6552            Frederick Douglass     None................  None................  ....................  https://www. cbo.gov/ https://
                      Trafficking Victims                                                                      publica tion/58306.   docs.house.gov/
                      Prevention and                                                                                                 bills thisweek/
                      Protection                                                                                                     20220725/ BILLS-
                      Reauthorization Act                                                                                            117hr6552-SUS.pdf
                      of 2022, as amended.
H.R. 6845            Commercial Remote      None................  None................  ....................  https://www. cbo.gov/ https://
                      Sensing Amendment                                                                        publica tion/58159.   docs.house.gov/
                      Act of 2022, as                                                                                                bills thisweek/
                      amended.                                                                                                       20220725/ BILLS-
                                                                                                                                     117hr6845-SUS.pdf
H.R. 6933            Cost-Share             None................  None................  ....................  https://www. cbo.gov/ https://
                      Accountability Act                                                                       publica tion/58116.   docs.house.gov/
                      of 2022.                                                                                                       bills thisweek/
                                                                                                                                     20220725/ BILLS-
                                                                                                                                     117hr6933-SUS.pdf
H.R. 7132            Safe Connections Act   Increase by at Least  Increase by at Least  Negligible net        https://www. cbo.gov/ https://
                      of 2022, as amended.   $500K.                $500K.                change in the         publica tion/58106.   docs.house.gov/
                                                                                         deficit.                                    bills thisweek/
                                                                                                                                     20220725 /BILLS-
                                                                                                                                     117hr7132-SUS.pdf
H.R. 7180            Brycen Gray and Ben    None................  None................  ....................  ....................  https://
                      Price COVID-19                                                                                                 docs.house.gov/
                      Cognitive Research                                                                                             bills thisweek/
                      Act.                                                                                                           20220725/ BILLS-
                                                                                                                                     117hr7180-SUS.pdf
H.R. 7283            STREAM Act...........  None................  None................  ....................  ....................  https://
                                                                                                                                     docs.house.gov/
                                                                                                                                     bills thisweek/
                                                                                                                                     20220725/ BILLS-
                                                                                                                                     117hr7283-SUS.pdf
H.R. 7289            Federal PFAS Research  None................  None................  ....................  ....................  https://
                      Evaluation Act, as                                                                                             docs.house.gov/
                      amended.                                                                                                       bills thisweek/
                                                                                                                                     20220725/ BILLS-
                                                                                                                                     117hr7289-SUSv1.pdf
H.R. 7361            National Weather       None................  None................  ....................  https://www. cbo.gov/ https://
                      Service                                                                                  publica tion/58326.   docs.house.gov/
                      Communications                                                                                                 bills thisweek/
                      Improvement Act.                                                                                               20220725/ BILLS-
                                                                                                                                     117hr7361-SUS.pdf
H.R. 7569            Energy Cybersecurity   None................  None................  ....................  ....................  https://
                      University                                                                                                     docs.house.gov/
                      Leadership Act of                                                                                              bills thisweek/
                      2022.                                                                                                          20220725/ BILLS-
                                                                                                                                     117hr7569-SUS.pdf
H.R. 7624            Spectrum Innovation    Under Review........  ....................  ....................  ....................  Bill language is
                      Act of 2022, as                                                                                                being revised 7/25/
                      amended.                                                                                                       2022.
H.R. 7733            CDFI Bond Guarantee    None................  None................  ....................  ....................  https://
                      Program Improvement                                                                                            docs.house.gov/
                      Act of 2022, as                                                                                                bills thisweek/
                      amended.                                                                                                       20220725/ BILLS-
                                                                                                                                     117hr7733-SUS.pdf
H.R. 7734            Timely Delivery of     None................  None................  ....................  https://www. cbo.gov/ https://
                      Bank Secrecy Act                                                                         publica tion/58317.   docs.house.gov/
                      Reports Act, as                                                                                                bills thisweek/
                      amended.                                                                                                       20220725/ BILLS-
                                                                                                                                     117hr7734-SUS.pdf
H.R. 7981            Public and Federally   None................  None................  ....................  ....................  https://
                      Assisted Housing                                                                                               docs.house.gov/
                      Fire Safety Act of                                                                                             bills thisweek/
                      2022, as amended.                                                                                              20220725/ BILLS-
                                                                                                                                     117hr7981-SUS.pdf
H.R. 8454            Medical Marijuana and  Reduce by Less Than   None................  Negligible net        ....................  https://
                      Cannabidiol Research   $500K.                                      change in the                               docs.house.gov/
                      Expansion Act.                                                     deficit.                                    bills thisweek/
                                                                                                                                     20220725/ BILLS-
                                                                                                                                     117hr8454-SUS.pdf
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Source: Congressional Budget Office.

    The Committee adopts as its own any finalized additional 
materials of the Director of the Congressional Budget Office 
regarding the bill, should such materials be made available 
before House passage of the bill.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to amend the Infrastructure 
Investment and Jobs Act to make certain activities eligible for 
grants from the Abandoned Mine Reclamation Fund.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                 INFRASTRUCTURE INVESTMENT AND JOBS ACT



           *       *       *       *       *       *       *
DIVISION D--ENERGY

           *       *       *       *       *       *       *


               TITLE VII--ABANDONED MINE LAND RECLAMATION

SEC. 40701. ABANDONED MINE RECLAMATION FUND AUTHORIZATION OF 
                    APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated, for 
deposit into the Abandoned Mine Reclamation Fund established by 
section 401(a) of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1231(a)) $11,293,000,000 for fiscal year 
2022, to remain available until expended.
  (b) Use of Funds.--
          (1) In general.--Subject to subsection (g), amounts 
        made available under subsection (a) shall be used to 
        provide, as expeditiously as practicable, to States and 
        Indian Tribes described in paragraph (2) annual grants 
        for abandoned mine land and water reclamation projects 
        under the Surface Mining Control and Reclamation Act of 
        1977 (30 U.S.C. 1201 et seq.).
          (2) Eligible grant recipients.--Grants may be made 
        under paragraph (1) to--
                  (A) States and Indian Tribes that have a 
                State or Tribal program approved under section 
                405 of the Surface Mining Control and 
                Reclamation Act of 1977 (30 U.S.C. 1235);
                  (B) States and Indian Tribes that are 
                certified under section 411(a) of that Act (30 
                U.S.C. 1240a(a)); and
                  (C) States and Indian Tribes that are 
                referred to in section 402(g)(8)(B) of that Act 
                (30 U.S.C. 1232(g)(8)(B)).
          (3) Contract aggregation.--In applying for grants 
        under paragraph (1), States and Indian Tribes may 
        aggregate bids into larger statewide or regional 
        contracts.
  (c) Covered Activities.--[Grants under]
          (1) In general._Except as provided in paragraph (2), 
        grants under  subsection (b)(1) shall only be used for 
        activities described in subsections (a) and (b) of 
        section 403 and section 410 of the Surface Mining 
        Control and Reclamation Act of 1977 (30 U.S.C. 1233, 
        1240).
          (2) Acid mine drainage abatement and treatment.--
                  (A) In general.--Not more than 30 percent of 
                the total amount of a grant made annually under 
                subsection (b)(1) may be retained by the 
                recipient of the grant, if those amounts are 
                deposited into an acid mine drainage abatement 
                and treatment fund established under State law, 
                from which amounts (together with all interest 
                earned on the amounts) are expended by the 
                State for the abatement of the causes and the 
                treatment of the effects of acid mine drainage 
                resulting from coal mining practices, including 
                for the costs of building, operating, 
                maintaining, and rehabilitating acid mine 
                drainage treatment systems.
                  (B) Reporting requirements.--Each recipient 
                of a grant under subsection (b)(1) that 
                deposits grant amounts into an acid mine 
                drainage abatement and treatment fund under 
                subparagraph (A) shall--
                          (i) offer amendments to the inventory 
                        maintained under section 403(c) of the 
                        Surface Mining Control and Reclamation 
                        Act of 1977 (30 U.S.C. 1233(c)) to 
                        reflect the use of the amounts for acid 
                        mine drainage abatement and treatment; 
                        and
                          (ii) include in the annual grant 
                        report of the recipient information on 
                        the status and balance of amounts in 
                        the acid mine drainage abatement and 
                        treatment fund.
                  (C) Term.--Amounts retained under 
                subparagraph (A) shall not be subject to--
                          (i) subsection (d)(4)(B); or
                          (ii) any other limitation on the 
                        length of the term of an annual grant 
                        under subsection (b)(1).
  (d) Allocation.--
          (1) In general.--Subject to subsection (e), the 
        Secretary of the Interior shall allocate and distribute 
        amounts made available for grants under subsection 
        (b)(1) to States and Indian Tribes on an equal annual 
        basis over a 15-year period beginning on the date of 
        enactment of this Act, based on the number of tons of 
        coal historically produced in the States or from the 
        applicable Indian land before August 3, 1977, 
        regardless of whether the State or Indian Tribe is 
        certified under section 411(a) of the Surface Mining 
        Control and Reclamation Act of 1977 (30 U.S.C. 
        1240a(a)).
          (2) Surface mining control and reclamation act 
        exception.--Section 401(f)(3)(B) of the Surface Mining 
        Control and Reclamation Act of 1977 (30 U.S.C. 
        1231(f)(3)(B)) shall not apply to grant funds 
        distributed under subsection (b)(1).
          (3) Report to congress on allocations.--
                  (A) In general.--Not later than 6 years after 
                the date on which the first allocation to 
                States and Indian Tribes is made under 
                paragraph (1), the Secretary of the Interior 
                shall submit to Congress a report that 
                describes any progress made under this section 
                in addressing outstanding reclamation needs 
                under subsection (a) or (b) of section 403 or 
                section 410 of the Surface Mining Control and 
                Reclamation and Act of 1977 (30 U.S.C. 1233, 
                1240).
                  (B) Input.--The Secretary of the Interior 
                shall--
                          (i) prior to submitting the report 
                        under subparagraph (A), solicit the 
                        input of the States and Indian Tribes 
                        regarding the progress referred to in 
                        that subparagraph; and
                          (ii) include in the report submitted 
                        to Congress under that subparagraph a 
                        description of any input received under 
                        clause (i).
          (4) Redistribution of funds.--
                  (A) Evaluation.--Not later than 20 years 
                after the date of enactment of this Act, the 
                Secretary of the Interior shall evaluate grant 
                payments to States and Indian Tribes made under 
                this section.
                  (B) Unused funds.--On completion of the 
                evaluation under subparagraph (A), States and 
                Indian Tribes shall return any unused funds 
                under this section to the Abandoned Mine 
                Reclamation Fund.
  (e) Total Amount of Grant.--The total amount of grant funding 
provided under subsection (b)(1) to an eligible State or Indian 
Tribe shall be not less than $20,000,000, to the extent that 
the amount needed for reclamation projects described in that 
subsection on the land of the State or Indian Tribe is not less 
than $20,000,000.
  (f) Priority.--In addition to the priorities described in 
section 403(a) of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1233(a)), in providing grants under this 
section, priority may also be given to reclamation projects 
described in subsection (b)(1) that provide employment for 
current and former employees of the coal industry.
  (g) Reservation.--Of the funds made available under 
subsection (a), $25,000,000 shall be made available to the 
Secretary of the Interior to provide States and Indian Tribes 
with the financial and technical assistance necessary for the 
purpose of making amendments to the inventory maintained under 
section 403(c) of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1233(c)).

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        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]