[House Report 117-565]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      117-565

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



 
   REVITALIZING THE ECONOMY OF COAL COMMUNITIES BY LEVERAGING LOCAL 
               ACTIVITIES AND INVESTING MORE ACT OF 2021

                                _______
                                

 November 16, 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

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1733]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1733) 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, 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 ``Revitalizing the Economy of Coal 
communities by Leveraging local Activities and Investing More Act of 
2021'' or the ``RECLAIM Act of 2021''.

SEC. 2. ECONOMIC REVITALIZATION FOR COAL COUNTRY.

  (a) In General.--Title IV of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended by adding 
at the end the following:

``SEC. 416. ABANDONED MINE LAND ECONOMIC REVITALIZATION.

  ``(a) Purpose.--The purpose of this section is to promote economic 
revitalization, diversification, and development in economically 
distressed mining communities through the reclamation and restoration 
of land and water resources adversely affected by coal mining carried 
out before August 3, 1977.
  ``(b) In General.--From amounts deposited into the fund under section 
401(b) before October 1, 2007, and not otherwise appropriated to the 
extent such funds are available, $200,000,000 shall be made available 
to the Secretary, without further appropriation, for each of fiscal 
years 2022 through 2026 for distribution to States and Indian tribes in 
accordance with this section for reclamation and restoration projects 
at sites identified as priorities under section 403(a): Provided, That 
if less than $200,000,000 is available in any fiscal year to the 
Secretary, such remaining amount shall be made available to the 
Secretary, without further appropriation, and such fiscal year shall 
end distributions made available under this section.
  ``(c) Use of Funds.--Funds distributed to a State or Indian tribe 
under subsection (d) shall be used only for projects classified under 
the priorities of section 403(a) that meet the following criteria:
          ``(1) Contribution to future economic or community 
        development.--
                  ``(A) In general.--The project, upon completion of 
                reclamation, is intended to create favorable conditions 
                for the economic development of the project site or 
                create favorable conditions that promote the general 
                welfare through economic and community development of 
                the area in which the project is conducted.
                  ``(B) Demonstration of conditions.--Such conditions 
                are demonstrated by--
                          ``(i) documentation of the role of the 
                        project in such area's economic development 
                        strategy or other economic and community 
                        development planning process;
                          ``(ii) any other documentation of the planned 
                        economic and community use of the project site 
                        after the primary reclamation activities are 
                        completed, which may include contracts, 
                        agreements in principle, or other evidence 
                        that, once reclaimed, the site is reasonably 
                        anticipated to be used for one or more 
                        industrial, commercial, residential, 
                        agricultural, or recreational purposes; or
                          ``(iii) any other documentation agreed to by 
                        the State or Indian tribe that demonstrates the 
                        project will meet the criteria set forth in 
                        this subsection.
          ``(2) Location in economically distressed community affected 
        by recent decline in mining.--
                  ``(A) In general.--The project will be conducted in a 
                community--
                          ``(i) that has been adversely affected 
                        economically by a recent reduction in coal 
                        mining related activity, as demonstrated by 
                        employment data, per capita income, or other 
                        indicators of economic distress; or
                          ``(ii)(I) that has historically relied on 
                        coal mining for a substantial portion of its 
                        economy; and
                          ``(II) in which the economic contribution of 
                        coal mining has significantly declined.
                  ``(B) Submission and publication of evidence or 
                analysis.--Any evidence or analysis relied upon in 
                selecting the location of a project under this 
                subparagraph shall be submitted to the Secretary for 
                publication. The Secretary shall publish such evidence 
                or analysis in the Federal Register within 30 days 
                after receiving such submission.
          ``(3) Stakeholder collaboration.--
                  ``(A) In general.--The project has been the subject 
                of project planning under subsection (g) and has been 
                the focus of collaboration, including partnerships, as 
                appropriate, with interested persons or local 
                organizations.
                  ``(B) Public notice.--As part of project planning the 
                public has been notified of the project, including not 
                less than 45 days before submission of the project to 
                the Office of Surface Mining Reclamation and 
                Enforcement, the State or Indian Tribe has published 
                notice of the proposed project in local newspapers of 
                general circulation, on the Internet, and by any other 
                means considered desirable by the Secretary, and has 
                provided an opportunity to request a public meeting 
                convened in a community near the proposed project site.
                  ``(C) Electronic notification.--The State or Indian 
                tribe established a way for interested persons to 
                receive electronically all public notices issued under 
                subparagraph (B) and any written declarations submitted 
                to the Secretary under paragraph (5).
          ``(4) Eligible applicants.--The project has been proposed by 
        entities of State, local, county, or tribal governments, or 
        local organizations, and will be approved and executed by State 
        or tribal programs, approved under section 405 or referred to 
        in section 402(g)(8)(B) which may include subcontracting 
        project-related activities, as appropriate.
          ``(5) Waiver.--If the State or Indian tribe--
                  ``(A) cannot provide documentation described in 
                paragraph (1)(B) for a project conducted under a 
                priority stated in paragraph (1) or (2) of section 
                403(a), or
                  ``(B) is unable to meet the requirements under 
                paragraph (2), the State or Indian tribe shall submit a 
                written declaration to the Secretary requesting an 
                exemption from the requirements of those subparagraphs. 
                The declaration must explain why achieving favorable 
                conditions for economic or community development at the 
                project site is not practicable, or why the 
                requirements of paragraph (2) cannot be met, and that 
                sufficient funds distributed annually under section 401 
                are not available to implement the project. Such 
                request for an exemption is deemed to be approved, 
                except the Secretary shall deny such request if the 
                Secretary determines the declaration to be 
                substantially inadequate. Any denial of such request 
                shall be resolved at the State's or Indian tribe's 
                request through the procedures described in subsection 
                (e).
  ``(d) Distribution of Funds.--
          ``(1) States.--
                  ``(A) In general.--From the amount made available in 
                subsection (b), the Secretary shall distribute 
                $195,000,000 annually for each of fiscal years 2022 
                through 2026 to States and Indian tribes that have a 
                State or tribal program approved under section 405 or 
                are referred to in section 402(g)(8)(B), and have not 
                made a certification under section 411(a) in which the 
                Secretary has concurred, as follows:
                          ``(i) Four-fifths of such amount shall be 
                        distributed based on the proportion of the 
                        amount of coal historically produced in each 
                        State or from the lands of each Indian tribe 
                        concerned before August 3, 1977.
                          ``(ii) One-fifth of such amount shall be 
                        distributed based on the proportion of 
                        reclamation fees paid during the period of 
                        fiscal years 2012 through 2016 for lands in 
                        each State or lands of each Indian tribe 
                        concerned.
                  ``(B) Supplemental funds.--Funds distributed under 
                this section--
                          ``(i) shall be in addition to, and shall not 
                        affect, the amount of funds distributed to 
                        States and Indian tribes under section 401(f) 
                        and section 411(h)(2); and
                          ``(ii) shall not reduce any funds distributed 
                        to a State or Indian tribe by reason of the 
                        application of section 402(g)(8).
          ``(2) Additional funding to certified states and indian 
        tribes.--
                  ``(A) Eligibility.--From the amount made available in 
                subsection (b), the Secretary shall distribute 
                $5,000,000 annually for each of the five fiscal years 
                beginning with fiscal year 2022 to States and Indian 
                tribes that have a State program approved under section 
                405 and have made a certification under section 411(a) 
                in which the Secretary has concurred.
                  ``(B) Application for funds.--Using the process in 
                section 405(f), any State or Indian tribe described in 
                subparagraph (A) may submit a grant application to the 
                Secretary for funds under this paragraph. The Secretary 
                shall review each grant application to confirm that the 
                projects identified in the application for funding are 
                eligible under subsection (c).
                  ``(C) Distribution of funds.--The amount of funds 
                distributed to each State or Indian tribe under this 
                paragraph shall be determined by the Secretary based on 
                the demonstrated need for the funding to accomplish the 
                purpose of this section.
          ``(3) Reallocation of uncommitted funds.--
                  ``(A) Committed defined.--For purposes of this 
                paragraph the term `committed'--
                          ``(i) means that funds received by the State 
                        or Indian tribe--
                                  ``(I) have been exclusively applied 
                                to or reserved for a specific project 
                                and therefore are not available for any 
                                other purpose; or
                                  ``(II) have been expended or 
                                designated by the State or Indian tribe 
                                for the completion of a project;
                          ``(ii) includes use of any amount for project 
                        planning under subsection (g); and
                          ``(iii) reflects an acknowledgment by 
                        Congress that, based on the documentation 
                        required under subsection (c)(2)(B), any 
                        unanticipated delays to commit such funds that 
                        are outside the control of the State or Indian 
                        tribe concerned shall not affect its 
                        allocations under this section.
                  ``(B) Fiscal year 2026.--For fiscal year 2026, the 
                Secretary shall reallocate in accordance with 
                subparagraph (C) any amount available for distribution 
                under this subsection that has not been committed to 
                eligible projects or distributed under paragraph 
                (1)(A), among the States and Indian tribes that have 
                committed to eligible projects the full amount of their 
                annual allocation for the preceding fiscal years.
                  ``(C) Amount of reallocation.--The amount reallocated 
                to each State or Indian tribe under each of 
                subparagraph (B) shall be determined by the Secretary 
                to reflect, to the extent practicable--
                          ``(i) the proportion of unreclaimed eligible 
                        lands and waters the State or Indian tribe has 
                        in the inventory maintained under section 
                        403(c);
                          ``(ii) the average of the proportion of 
                        reclamation fees paid for lands in each State 
                        or lands of each Indian tribe concerned; and
                          ``(iii) the proportion of coal mining 
                        employment loss incurred in the State or on 
                        lands of the Indian tribe, respectively, as 
                        determined by the Mine Safety and Health 
                        Administration, over the 5-year period 
                        preceding the fiscal year for which the 
                        reallocation is made.
  ``(e) Resolution of Secretary's Concerns; Congressional 
Notification.--If the Secretary does not agree with a State or Indian 
tribe that a proposed project meets the criteria set forth in 
subsection (c)--
          ``(1) the Secretary and the State or tribe shall meet and 
        confer for a period of not more than 45 days to resolve the 
        Secretary's concerns, except that such period may be shortened 
        by the Secretary if the Secretary's concerns are resolved;
          ``(2) during that period, at the State's or Indian tribe's 
        request, the Secretary may consult with any appropriate Federal 
        agency; and
          ``(3) at the end of that period, if the Secretary's concerns 
        are not resolved the Secretary shall provide to the Committee 
        on Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate an 
        explanation of the concerns and such project proposal shall not 
        be eligible for funds distributed under this section.
  ``(f) Acid Mine Drainage Treatment.--A State or Indian tribe that 
receives funds under this section may use up to 30 percent of such 
funds as necessary to supplement the State's or tribe's acid mine 
drainage abatement and treatment fund established under section 
402(g)(6)(A), for future operation and maintenance costs for the 
treatment of acid mine drainage associated with the individual projects 
funded under this section.
  ``(g) Project Planning and Administration.--
          ``(1) States and indian tribes.--A State or Indian tribe may 
        use up to 10 percent of its annual distribution under this 
        section for costs of administering this section consistent with 
        existing practice under sections 401(c)(7) and 402(g)(1)(C) and 
        the Office of Surface Mining Reclamation and Enforcement 
        Assistance Manual.
          ``(2) Secretary.--The Secretary may expend, from amounts made 
        available to the Secretary under section 402(g)(3)(D), not more 
        than $3,000,000 during the fiscal years for which distributions 
        occur under subsection (b) for staffing and other 
        administrative expenses necessary to carry out this section.
  ``(h) Deadlines.--
          ``(1) Rules and guidelines.--To the extent necessary to 
        implement this Act, the Secretary shall propose rules or 
        develop guidelines (or both) not later than 90 days after the 
        date of enactment of this section and shall publish them as 
        final rules or guidelines, respectively, not later than 90 days 
        thereafter. Within 60 days after the issuance of any such final 
        rules or guidelines, the Secretary shall distribute the funds 
        under subsection (d).
          ``(2) Project proposals.--The appropriate field office of the 
        Office of Surface Mining Reclamation and Enforcement shall--
                  ``(A) initially review, vet, and approve or 
                disapprove of each project proposal under this section 
                within 45 days after receipt by the field office of the 
                proposal; and
                  ``(B) issue an authorization to proceed on an 
                approved project within 45 days after receipt by the 
                field office of a request for such authorization from a 
                State or Indian tribe.
  ``(i) Report to Congress.--The Secretary shall provide to the 
Committee on Natural Resources of the House of Representatives, the 
Committees on Appropriations of the House of Representatives and the 
Senate, and the Committee on Energy and Natural Resources of the Senate 
at the end of each fiscal year for which such funds are distributed a 
detailed report--
          ``(1) on the various projects that have been undertaken with 
        such funds;
          ``(2) the extent and degree of reclamation using such funds 
        that achieved the priorities described in paragraph (1) or (2) 
        of section 403(a);
          ``(3) the community and economic benefits that are resulting 
        from, or are expected to result from, the use of the funds that 
        achieved the priorities described in paragraph (3) of section 
        403(a); and
          ``(4) the reduction since the previous report in the 
        inventory referred to in section 403(c).
  ``(j) Prohibition on Certain Use of Funds.--Any State or Indian tribe 
that uses the funds distributed under this section for purposes other 
than reclamation or drainage abatement expenditures, as made eligible 
by section 404, and for the purposes authorized under subsections (f) 
and (g), shall be barred from receiving any subsequent funding under 
this section.''.
  (b) Clerical Amendment.--The table of contents in the first section 
of the Surface Mining Control and Reclamation Act of 1977 is amended by 
adding at the end of the items relating to title IV the following:

``Sec. 416. Abandoned mine land economic revitalization.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

  The Surface Mining Control and Reclamation Act of 1977 is amended--
          (1) in section 401(c) (30 U.S.C. 1231(c)), by striking 
        ``and'' after the semicolon at the end of paragraph (10), by 
        redesignating paragraph (11) as paragraph (12), and by 
        inserting after paragraph (10) the following:
          ``(11) to implement section 416; and'';
          (2) in section 401(d)(3) (30 U.S.C. 1231(d)(3)), by striking 
        ``subsection (f)'' and inserting ``subsection (f) and section 
        416(a)'';
          (3) in section 402(g) (30 U.S.C. 1232(g))--
                  (A) in paragraph (1), by inserting ``and section 
                416'' after ``subsection (h)''; and
                  (B) by adding at the end of paragraph (3) the 
                following:
                  ``(F) For the purpose of section 416(d)(2)(A).''; and
          (4) in section 403(c) (30 U.S.C. 1233(c)), by inserting after 
        the second sentence the following: ``As practicable, States and 
        Indian tribes shall offer such amendments based on the use of 
        remote sensing, global positioning systems, and other advanced 
        technologies.''.

SEC. 4. MINIMUM STATE PAYMENTS.

  Section 402(g)(8)(A) of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1232(g)(8)) is amended by striking 
``$3,000,000'' and inserting ``$5,000,000''.

SEC. 5. GAO STUDY OF USE OF FUNDS.

  Not later than two years after the date of the enactment of this Act, 
the Comptroller General of the United States shall study and report to 
the Congress on uses of funds authorized by this Act, including 
regarding--
          (1) the solvency of the Abandoned Mine Reclamation Fund; and
          (2) the impact of such use on payments and transfers under 
        the Surface Mining Control and Reclamation Act of 1977 (30 
        U.S.C. 1201) to--
                  (A) States and Indian Tribes for which a 
                certification has been made under section 411 of such 
                Act (30 U.S.C. 1241);
                  (B) States and Indian Tribes for which such a 
                certification has not been made; and
                  (C) transfers to United Mine Workers of America 
                Combined Benefit Fund.

SEC. 6. PAYMENTS TO CERTIFIED STATES NOT AFFECTED.

  Nothing in this Act shall be construed to reduce or otherwise affect 
payments under section 402(g) of the Surface Mining Reclamation and 
Control Act of 1977 (30 U.S.C. 1232(g)) to States that have made a 
certification under section 411(a) of such Act (30 U.S.C. 1240a(a)) in 
which the Secretary of the Interior has concurred.

                          Purpose of the Bill

    The purpose of H.R. 1733 is to amend the Surface Mining 
Control and Reclamation Act of 1977 to provide funds to states 
and 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.

                  Background and Need for Legislation

    There are an estimated 20,000 abandoned coal mine sites 
across the country, commonly known as Abandoned Mine Lands or 
AMLs. These AMLs are the toxic legacy of an era in which the 
federal government had no authority over coal mining and no 
requirement that mining companies fix the environmental damage 
left behind by their operations. AMLs threaten the health and 
safety of nearby communities by posing immediate hazards like 
landslides and perpetually polluting critical steams and 
groundwater. AMLs are a significant barrier to economic 
development in many parts of the country--areas in desperate 
need of new development opportunities to replace the declining 
coal industry.
    When there is no liable party, the state in which an AML 
site is located becomes the de facto entity responsible for 
remediating the site. States and local communities lack the 
necessary funds to reclaim these lands with their own 
resources, and, as a result, areas impacted by abandoned mines 
are often left out of community and economic development 
planning efforts.
    In 1977, President Jimmy Carter signed the Surface Mining 
Control and Reclamation Act\1\ (SMCRA) into law to address the 
many federal regulatory deficiencies associated with the coal 
mining industry at that time. Title IV of SMCRA established a 
system for the reclamation of abandoned mine lands.\2\ To 
qualify as an AML, a site must have been affected by coal 
mining activities, have been abandoned before August 3, 1977, 
and have no party responsible for the reclamation of the land 
under state or federal laws. The Office of Surface Mining, 
Reclamation, and Enforcement (OSMRE) at the Department of the 
Interior maintains an inventory of sites and features remaining 
to be addressed under the AML program at https://
amlis.osmre.gov, based on information collected by states and 
tribes.\3\ Eligible sites are classified into three priority 
levels:
---------------------------------------------------------------------------
    \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).
    \3\A single site can have multiple features--for example, one 
abandoned mine site with a waste coal pile and an open mine shaft would 
count as two features.
---------------------------------------------------------------------------
          Priority 1: Poses an extreme danger to public health, 
        safety, and property.
          Priority 2: Creates adverse effects to public health 
        and safety.
          Priority 3: Environmental degradation, but no impact 
        on public health or safety.

Certified and uncertified states and tribes

    States and tribes must have coal reclamation programs 
approved by OSMRE in order to receive grants for AML cleanup 
under SMCRA. As of recent data, there were twenty-six states 
and three tribes that are eligible for grants. Title IV of 
SMCRA distinguishes between certified and uncertified states 
and tribes, a classification meant to indicate whether a state 
or tribe has achieved the remediation of all priority 1 and 2 
AML sites within its boundaries.\4\
---------------------------------------------------------------------------
    \4\30 U.S.C. Sec. 1240a.
---------------------------------------------------------------------------
    Initially, all states and tribes with approved reclamation 
programs are deemed uncertified. A state or tribe may seek 
certification from the Secretary of the Interior after they 
have reclaimed all identified priority 1 and 2 AML sites. Once 
certified, states and tribes have wider flexibility on how they 
may spend AML funds.\5\ AML sites are continuously being 
discovered or newly developing, so several certified states and 
tribes still have AML inventories, but they are allowed to 
maintain their certified status. There are currently five 
certified states, three certified tribes, and twenty-one 
uncertified states.
---------------------------------------------------------------------------
    \5\Id. Sec. 1240a(c).
---------------------------------------------------------------------------

Abandoned Mine Reclamation Fund and costs of AML sites

    Title IV of SMCRA also established a funding mechanism for 
coal reclamation activities, known as the AML Fund, which is 
supported by a fee on every ton of coal produced.\6\ The amount 
states and tribes receive annually depends on the fees 
collected the previous fiscal year. The statute requires AML 
Reclamation Program funds to be distributed based on the state 
or tribe's share of current and historic coal mining. Each 
state or tribe that still has Priority 1 and Priority 2 
abandoned coal mine sites receives at least $3 million 
annually.
---------------------------------------------------------------------------
    \6\Id. Sec. 1232.
---------------------------------------------------------------------------
    AML funds may go to permitting, environmental assessments, 
site surveys, development plans, engineering, construction, or 
emergency projects. Up to 30 percent of funds annually can be 
reserved for projects related to acid mine drainage.\7\
---------------------------------------------------------------------------
    \7\Id.
---------------------------------------------------------------------------
    Originally, AML grants were subject to appropriations, but 
the AML reauthorization of 2006 made them mandatory spending. 
Prior to 2006, coal companies often paid more money into the 
AML Fund each year than Congress appropriated. A large, 
unappropriated balance grew over time. As of November 2020, the 
unappropriated balance of the AML Fund reached $2.2 billion.
    While the AML Fund has collected over $11.6 billion in fees 
and interest and has distributed $9.6 billion in accordance 
with SMCRA since it was established in 1977, the Department of 
the Interior currently estimates that there is still around 
$11.3 billion worth of coal AML cleanup work remaining.

RECLAIM Act of 2021

    H.R. 1733 would accelerate the reclamation of AML sites 
through the advance disbursement of $1 billion of the 
unappropriated balance of the AML Fund over five years while 
tying mine reclamation to economic development. The RECLAIM Act 
helps states and tribes address the backlog of over 20,000 
high-priority sites on their AML inventories while promoting 
economic development in distressed communities.
    The RECLAIM Act would distribute $975 million to states 
that still have Priority 1 and Priority 2 abandoned coal mine 
sites to address (i.e., uncertified states) and $5 million to 
states and tribes that have certified the reclamation of all 
their Priority 1 and 2 sites (i.e., certified states and 
tribes). These funds would be in addition to annual mandatory 
AML grant distributions.

Legislative action

    H.R. 3684, the Infrastructure Investment and Jobs Act\8\ 
(sometimes called the Bipartisan Infrastructure Framework or 
``BIF'' or the Bipartisan Infrastructure Law or ``BIL''), 
signed into law on November 15, 2021, largely enacted the 
substance of H.R. 1733 by appropriating an additional $11.3 
billion for abandoned coal mine land cleanup activities.\9\ The 
statute also reauthorized the AML program for 13 years and 
lowered the AML fees by twenty percent.
---------------------------------------------------------------------------
    \8\Pub. L. No. 117-58, 135 Stat. 429 (2021), https://
uscode.house.gov/statviewer.htm?volume=135&page=429.
    \9\Pub. L. No. 117-58, div. D, tit. VII, 135 Stat. at 1091-94, 
https://uscode.house.gov/statviewer.htm?volume=135&page=1091.
---------------------------------------------------------------------------

                            Committee Action

    H.R. 1733 was introduced on March 10, 2021, 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 March 18, 2021, the Subcommittee held a hearing on the bill. 
On May 26, 2021, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Rep. Alan Lowenthal (D-CA) offered an amendment 
designated Lowenthal #1. The amendment was agreed to by voice 
vote. No additional amendments were offered, and 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 March 18, 2021.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the bill's short title, the 
``Revitalizing the Economy of Coal communities by Leveraging 
local Activities and Investing More Act of 2021'' or the 
``RECLAIM Act of 2021.''

Section 2. Economic Revitalization for Coal Country

    Section 2 adds a Section 416, Abandoned Mine Land Economic 
Revitalization, to Title IV of SMRCA. Section 416 includes the 
following subsections.
    Subsection (a) summarizes the purpose of Section 416, which 
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.
    Subsection (b) provides the Secretary of the Interior with 
$200 million annually for each of FY22 through FY26 for 
distribution to states and tribes for priority coal mine 
reclamation projects.
    Subsection (c) specifies the conditions a reclamation 
project must meet to be eligible to receive funds under this 
Act. Funding distributed to states and tribes used to carry out 
reclamation projects on AML sites must be intended to create 
favorable conditions for economic or community development and 
must be for industrial, commercial, residential, agricultural, 
or recreational purposes. The project must be in a community 
that has been adversely affected economically by a recent 
decline in coal mining, demonstrated by employment data, per 
capita income, or other indicators of economic distress. The 
project must be located in a community that has historically 
relied on coal mining and in which the economic contribution of 
coal mining has significantly declined. The Secretary of the 
Interior would publish the evidence or analysis relied upon for 
selecting the location of a project in the Federal Register 
within 30 days of receiving the submission.
    The project must have been part of a collaborative planning 
effort with stakeholders, and be noticed publicly in local 
newspapers, on the internet, and by other means considered 
desirable by the Secretary, 45 days before submission to the 
Office of Surface Mining Reclamation and Enforcement. A project 
must have provided an opportunity for the public to request a 
meeting convened in a community near the proposed site.
    The project must have been proposed by entities of state, 
local, county, or tribal governments or local organizations and 
approved and executed by State and tribal reclamation programs.
    If a state or Indian tribe cannot provide documentation 
demonstrating the project's role in a community's economic 
development strategy or is unable to meet the other 
requirements, they may request an exemption to be approved by 
the Secretary. Requests for exemptions will be deemed approved 
unless the Secretary finds the request to be substantially 
inadequate. If a request is denied, the state or tribe can 
request to enter into the process described under subsection 
(e).
    Subsection (d) distributes funds to states and tribes. The 
Secretary shall distribute $195 million to uncertified states 
and tribes with approved AML programs each year from FY22 
through FY26. Four-fifths of the amount of funding, or $156 
million, will be distributed based on historical coal 
production. One-fifth of the funding, or $39 million, will be 
distributed based on reclamation fees paid between 2012-2016. 
Funds distributed under this section will not affect the amount 
of funds distributed to states and tribes via annual AML 
Program grants.
    $5 million will be available for each year from each year 
from FY22 through FY26 for certified states and tribes. 
Certified states and tribes may submit grant applications to 
the Secretary for funds under this paragraph. The amount of 
funds distributed to each certified state or tribe will be 
determined by the Secretary based on demonstrated need.
    For FY26, uncommitted funds, or those that have not been 
reserved, expended, or previously designated, shall be 
reallocated by the Secretary to states and tribes that have 
already committed all of their annual allocations for the 
previous fiscal year. The amount reallocated will be determined 
by the Secretary to reflect the proportion of unreclaimed 
eligible lands, the proportion of reclamation fees paid, and 
the proportion of coal mining employment lost in the state or 
on the land of the Indian tribe.
    Subsection (e) provides procedures for the resolutions of 
the Secretary's concerns as well as guidance for congressional 
notification. If the Secretary does not agree with a state or 
Indian tribe that a proposed project meets the criteria for 
funding, the Secretary and the state or Indian tribe will meet 
for no more than 45 days to resolve the Secretary's concerns. 
During those 45 days, the Secretary can consult with any 
appropriate federal agency at the state or Indian tribe's 
request. If at the end of the 45 days the Secretary's concerns 
are not resolved, the Secretary will provide 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 the proposed project will not 
be eligible for funds distributed under this section.
    Subsection (f) authorizes states and tribes to use up to 30 
percent of the AML funds received under this section to be used 
for the treatment of acid mine drainage problems and to 
supplement the state or tribe's acid mine drainage abatement 
and treatment fund for future associated operation and 
maintenance costs.
    Subsection (g) allows states and Indian tribes to designate 
up to 10 percent of their distribution for project planning and 
administrative purposes. The Secretary may expend, from amounts 
made available under SMCRA section 402(g)(3)(D) up to $3 
million during the fiscal years for which distributions occur 
under subsection (b) for staffing and other necessary 
administrative expenses.
    Subsection (h) establishes deadlines for guidelines and 
approval of project proposals. The Secretary shall propose or 
develop guidelines necessary to implement this Act not later 
than 90 days after the enactment of this section and shall 
publish them as final rules or guidelines no more than 90 
later. Within 60 days of the issuance of final rules or 
guidelines, the Secretary will begin distribution of funds 
under subsection (d).
    The appropriate field office of the Office of Surface 
Mining Reclamation and Enforcement shall initially review, vet, 
and approve or disapprove each project proposal within 45 days 
of receipt by the field office. The field office will issue an 
authorization to proceed on a project within 45days of 
receiving a request for authorization from state or tribe.
    Subsection (i) requires the Secretary to report to the 
Committees on Natural Resources and Appropriations of the House 
of Representatives and the Committees on Energy and Natural 
Resources and Appropriations of the Senate about the projects 
undertaken under this section, the resulting economic and 
community benefits, the extent and degree of reclamation 
achieved, and the reduction since the previous report to the 
AML inventory each fiscal year.
    Subsection (j) requires that any state or Indian tribe that 
uses RECLAIM funds for purposes other than reclamation, 
drainage abatement expenditures, or the purposes authorized 
under subsections (f) and (g), cannot receive any additional 
funding under the RECLAIM Act.

Section 3. Technical and conforming amendments

    Section 3 makes several conforming and technical amendments 
to Title IV of SMCRA, including adding references to the new 
authority in several sections and updating the inventory 
language in section 403(c) (30 U.S.C. 1233(c)) to achieve a 
more accurate inventory of existing AML problems.

Section 4. Minimum state payments

    Section 4 includes language raising the cap on minimum 
payments under Section 402 of SMCRA from $3 million to at least 
$5 million. Before this bill, if a state or tribe does not 
receive at least $3 million from the AML program annually, 
additional funds are distributed to that state or tribe to 
equal $3 million.

Section 5. GAO study of use of funds

    Section 5 requires the U.S. Government Accountability 
Office to issue a report to Congress no later than two years 
after enactment on the solvency of the AML Fund and the impact 
of the RECLAIM Act on the payments issued to certified and 
uncertified states under SMCRA and transfers to the United Mine 
Workers of America Combined Benefit Fund.

Section 6. Payments to certified states not affected

    Section 6 clarifies that this Act will not, in any way, 
reduce funding to certified states.

            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. 
With respect to the requirements of clause 3(c)(2) of rule XIII 
of the Rules of the House of Representatives and section 308(a) 
of the Congressional Budget Act of 1974 and with respect to 
requirements of clause (3)(c)(3) and clause 3(d) of rule XIII 
of the Rules of the House of Representatives and section 402 of 
the Congressional Budget Act of 1974, the Committee has 
requested but not received a cost estimate for this bill from 
the Director of Congressional Budget Office. The Committee 
adopts as its own cost estimate the forthcoming cost estimate 
of the Director of the Congressional Budget Office, should such 
cost estimate be made available before House passage of the 
bill. The Committee has requested but not received from the 
Director of the Congressional Budget Office 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.
    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 Surface Mining Control 
and Reclamation Act of 1977 to provide funds to states and 
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.

                           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. Such program was not included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139. As described above, the 
funding in this bill would be closely related and complementary 
to, but not duplicative of, the Abandoned Mine Lands (AML) 
Program (CFDA No. 15.252). The funding would also be related 
and complementary to, but not duplicative of, the following 
programs identified in the most recent Catalog of Federal 
Domestic Assistance published pursuant to 31 U.S.C. Sec. 6104: 
Regulation of Surface Coal Mining and Surface Effects of 
Underground Coal Mining (CFDA No. 15.250), Not-for-Profit AMD 
Reclamation (CFDA No. 15.253), OSM/VISTA AmeriCorps (CFDA No. 
15.254), and Science and Technology Projects Related to Coal 
Mining and Reclamation (CFDA No. 15.255).

                  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):

           SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977


   Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Surface Mining Control and 
Reclamation Act of 1977''.

                            TABLE OF CONTENTS

     * * * * * * *

                  TITLE IV--ABANDONED MINE RECLAMATION

     * * * * * * *
Sec. 416. Abandoned mine land economic revitalization.

           *       *       *       *       *       *       *


                  TITLE IV--ABANDONED MINE RECLAMATION


              abandoned mine reclamation fund and purposes

  Sec. 401. (a) There is created on the books of the Treasury 
of the United States a trust fund to be known as the Abandoned 
Mine Reclamation Fund (hereinafter referred to as the ``fund'') 
which shall be administered by the Secretary of the Interior. 
State abandoned mine reclamation funds (State funds) generated 
by grants from this title shall be established by each State 
pursuant to an approved State program.
  (b) The fund shall consist of amounts deposited in the fund, 
from time to time derived from--
          (1) the reclamation fees levied under section 402;
          (2) any user charge imposed on or for land reclaimed 
        pursuant to this title, after expenditures for 
        maintenance have been deducted;
          (3) donations by persons, corporations, associations, 
        and foundations for the purposes of this title;
          (4) recovered moneys as provided for in this title; 
        and
          (5) interest credited to the fund under subsection 
        (e).
  (c) Moneys in the fund may be used for the following 
purposes:
          (1) reclamation and restoration of land and water 
        resources adversely affected by past coal mining, 
        including but not limited to reclamation and 
        restoration of abandoned surface mine areas, abandoned 
        coal processing areas, and abandoned coal refuse 
        disposal areas; sealing and filling abandoned deep mine 
        entries and voids; planting of land adversely affected 
        by past coal mining to prevent erosion and 
        sedimentation; prevention, abatement, treatment, and 
        control of water pollution created by coal mine 
        drainage including restoration of stream beds, and 
        construction and operation of water treatment plants; 
        prevention, abatement, and control of burning coal 
        refuse disposal areas and burning coal in situ; 
        prevention, abatement, and control of coal mine 
        subsidence; and establishment of self-sustaining, 
        individual State administered programs to insure 
        private property against damages caused by land 
        subsidence resulting from underground coal mining in 
        those States which have reclamation plans approved in 
        accordance with section 503 of this Act: Provided, That 
        funds used for this purpose shall not exceed $3,000,000 
        of the funds made available to any State under section 
        402(g)(1) of this Act;
          (2) acquisition and filling of voids and sealing of 
        tunnels, shafts, and entryways under section 409;
          (3) acquisition of land as provided for in this 
        title;
          (4) enforcement and collection of the reclamation fee 
        provided for in section 402 of this title;
          (5) restoration, reclamation, abatement, control, or 
        prevention of adverse effects of coal mining which 
        constitutes an emergency as provided for in this title;
          (6) grants to the States to accomplish the purposes 
        of this title;
          (7) administrative expenses of the United States and 
        each State to accomplish the purposes of this title;
          (8) for use under section 411;
          (9) for the purpose of section 507(c), except that 
        not more than $10,000,000 shall annually be available 
        for such purpose;
          (10) for the purpose described in section 402(h); 
        [and]
          (11) to implement section 416; and
          [(11)] (12) all other necessary expenses to 
        accomplish the purposes of this title.
  (d) Availability of Moneys; No Fiscal Year Limitation.--
          (1) In general.--Moneys from the fund for 
        expenditures under subparagraphs (A) through (D) of 
        section 402(g)(3) shall be available only when 
        appropriated for those subparagraphs.
          (2) No fiscal year limitation.--Appropriations 
        described in paragraph (1) shall be made without fiscal 
        year limitation.
          (3) Other purposes.--Moneys from the fund shall be 
        available for all other purposes of this title without 
        prior appropriation as provided in [subsection (f)] 
        subsection (f) and section 416(a).
  (e) Interest.--The Secretary of the Interior shall notify the 
Secretary of the Treasury as to what portion of the fund is 
not, in his judgment, required to meet current withdrawals. The 
Secretary of the Treasury shall invest such portion of the fund 
in public debt securities with maturities suitable for 
achieving the purposes of the transfers under section 402(h) 
and bearing interest at rates determined by the Secretary of 
the Treasury, taking into consideration current market yields 
on outstanding marketable obligations of the United States of 
comparable maturities. The income on such investments shall be 
credited to, and form a part of, the fund for the purpose of 
the transfers under section 402(h).
  (f) General Limitation on Obligation Authority.--
          (1) In general.--From amounts deposited into the fund 
        under subsection (b), the Secretary shall distribute 
        during each fiscal year beginning after September 30, 
        2007, an amount determined under paragraph (2).
          (2) Amounts.--
                  (A) For fiscal years 2008 through 2022.--For 
                each of fiscal years 2008 through 2022, the 
                amount distributed by the Secretary under this 
                subsection shall be equal to--
                          (i) the amounts deposited into the 
                        fund under paragraphs (1), (2), and (4) 
                        of subsection (b) for the preceding 
                        fiscal year that were allocated under 
                        paragraphs (1) and (5) of section 
                        402(g); plus
                          (ii) the amount needed for the 
                        adjustment under section 402(g)(8) for 
                        the current fiscal year.
                  (B) Fiscal years 2023 and thereafter.--For 
                fiscal year 2023 and each fiscal year 
                thereafter, to the extent that funds are 
                available, the Secretary shall distribute an 
                amount equal to the amount distributed under 
                subparagraph (A) during fiscal year 2022.
          (3) Distribution.--
                  (A) In general.--Except as provided in 
                subparagraph (B), for each fiscal year, of the 
                amount to be distributed to States and Indian 
                tribes pursuant to paragraph (2), the Secretary 
                shall distribute--
                          (i) the amounts allocated under 
                        paragraph (1) of section 402(g), the 
                        amounts allocated under paragraph (5) 
                        of section 402(g), and any amount 
                        reallocated under section 411(h)(3) in 
                        accordance with section 411(h)(2), for 
                        grants to States and Indian tribes 
                        under section 402(g)(5); and
                          (ii) the amounts allocated under 
                        section 402(g)(8).
                  (B) Exclusion.--Beginning on October 1, 2007, 
                certified States shall be ineligible to receive 
                amounts under section 402(g)(1).
          (4) Availability.--Amounts in the fund available to 
        the Secretary for obligation under this subsection 
        shall be available until expended.
          (5) Addition.--
                  (A) In general.--Subject to subparagraph (B), 
                the amount distributed under this subsection 
                for each fiscal year shall be in addition to 
                the amount appropriated from the fund during 
                the fiscal year.
                  (B) Exceptions.--Notwithstanding paragraph 
                (3), the amount distributed under this 
                subsection for the first 4 fiscal years 
                beginning on and after October 1, 2007, shall 
                be equal to the following percentage of the 
                amount otherwise required to be distributed:
                          (i) 50 percent in fiscal year 2008.
                          (ii) 50 percent in fiscal year 2009.
                          (iii) 75 percent in fiscal year 2010.
                          (iv) 75 percent in fiscal year 2011.

                            reclamation fee

  Sec. 402. (a) All operators of coal mining operations subject 
to the provisions of this Act shall pay to the Secretary of the 
Interior, for deposit in the fund, a reclamation fee of 28 
cents per ton of coal produced by surface coal mining and 12 
cents per ton of coal produced by underground mining or 10 per 
centum of the value of the coal at the mine, as determined by 
the Secretary, whichever is less, except that the reclamation 
fee for lignite coal shall be at a rate of 2 per centum of the 
value of the coal at the mine, or 8 cents per ton, whichever is 
less.
  (b) Such fee shall be paid no later than thirty days after 
the end of each calendar quarter beginning with the first 
calendar quarter occurring after the date of enactment of this 
Act, and ending September 30, 2021.
  (c) Together with such reclamation fee, all operators of coal 
mine operations shall submit a statement of the amount of coal 
produced during the calendar quarter, the method of coal 
removal and the type of coal, the accuracy of which shall be 
sworn to by the operator and notarized. Such statement shall 
include an identification of the permittee of the surface coal 
mining operation, any operator in addition to the permittee, 
the owner of the coal, the preparation plant, tripple, or 
loading point for the coal, and the person purchasing the coal 
from the operator. The report shall also specify the number of 
the permit required under section 506 and the mine safety and 
health identification number. Each quarterly report shall 
contain a notification of any changes in the information 
required by this subsection since the date of the preceding 
quarterly report. The information contained in the quarterly 
reports under this subsection shall be maintained by the 
Secretary in a computerized database.
  (d)(1) Any person, corporate officer, agent or director, on 
behalf of a coal mine operator, who knowingly makes any false 
statement, representation or certification, or knowingly fails 
to make any statement, representation, or certification 
required in this section shall, upon conviction, be punished by 
a fine of not more than $10,000, or by imprisonment for not 
more than one year, or both.
  (2) The Secretary shall conduct such audits of coal 
production and the payment of fees under this title as may be 
necessary to ensure full compliance with the provisions of this 
title. For purposes of performing such audits the Secretary (or 
any duly designated officer, employee, or representative of the 
Secretary) shall, at the reasonable times, upon request, have 
access to, and may copy, all books, papers, and other documents 
of any person subject to the provisions of this title. The 
Secretary may at any time conduct audits of any surface coal 
mining and reclamation operation, including without limitation, 
tipples and preparation plants, as may be necessary in the 
judgment of the Secretary to ensure full and complete payment 
of the fees under this title.
  (e) Any portion of the reclamation fee not properly or 
promptly paid pursuant to this section shall be recoverable, 
with statutory interest, from coal mine operators, in any court 
of competent jurisdiction in any action at law to compel 
payment of debts.
  (f) All Federal and State agencies shall fully cooperate with 
the Secretary of the Interior in the enforcement of this 
section. Whenever the Secretary believes that any person has 
not paid the full amount of the fee payable under subsection 
(a) the Secretary shall notify the Federal agency responsible 
for ensuring compliance with the provisions of section 4121 of 
the Internal Revenue Code of 1986.
  (g) Allocation of Funds.--(1) Except as provided in 
subsection (h) and section 416, moneys deposited into the fund 
shall be allocated by the Secretary to accomplish the purposes 
of this title as follows:
          (A) 50 percent of the reclamation fees collected 
        annually in any State (other than fees collected with 
        respect to Indian lands) shall be allocated annually by 
        the Secretary to the State, subject to such State 
        having each of the following:
                  (i) An approved abandoned mine reclamation 
                program pursuant to section 405.
                  (ii) Lands and waters which are eligible 
                pursuant to section 404 (in the case of a State 
                not certified under section 411(a)) or pursuant 
                to section 411(b) (in the case of a State 
                certified under section 411(a)).
          (B) 50 percent of the reclamation fees collected 
        annually with respect to Indian lands shall be 
        allocated annually by the Secretary to the Indian tribe 
        having jurisdiction over such lands, subject to such 
        tribe having each of the following:
                  (i) an approved abandoned mine reclamation 
                program pursuant to section 405.
                  (ii) Lands and waters which are eligible 
                pursuant to section 404 (in the case of an 
                Indian tribe not certified under section 
                411(a)) or pursuant to section 411(b) (in the 
                case of a tribe certified under section 
                411(a)).
          (C) The funds allocated by the Secretary under this 
        paragraph to States and Indian tribes shall only be 
        used for annual reclamation project construction and 
        program administration grants.
          (D) To the extent not expended within 3 years after 
        the date of any grant award under this paragraph 
        (except for grants awarded during fiscal years 2008, 
        2009, and 2010 to the extent not expended within 5 
        years), such grant shall be available for expenditure 
        by the Secretary under paragraph (5).
  (2) In making the grants referred to in paragraph (1)(C) and 
the grants referred to in paragraph (5), the Secretary shall 
ensure strict compliance by the States and Indian tribes with 
the priorities described in section 403(a) until a 
certification is made under section 411(a).
  (3) Amounts available in the fund which are not allocated to 
States and Indian tribes under paragraph (1) or allocated under 
paragraph (5) are authorized to be expended by the Secretary 
for any of the following:
          (A) For the purpose of section 507(c), either 
        directly or through grants to the States, subject to 
        the limitation contained in section 401(c)(9).
          (B) For the purpose of section 410 (relating to 
        emergencies).
          (C) For the purpose of meeting the objectives of the 
        fund set forth in section 403(a) for eligible lands and 
        waters pursuant to section 404 in States and on Indian 
        lands where the State or Indian tribe does not have an 
        approved abandoned mine reclamation program pursuant to 
        section 405.
          (D) For the administration of this title by the 
        Secretary.
          (E) For the purpose of paragraph (8).
          (F) For the purpose of section 416(d)(2)(A).
  (4)(A) Amounts available in the fund which are not allocated 
under paragraphs (1), (2), and (5) or expended under paragraph 
(3) in any fiscal year are authorized to be expended by the 
Secretary under this paragraph for the reclamation or drainage 
abatement of lands and waters within unreclaimed sites which 
are mined for coal or which were affected by such mining, 
wastebanks, coal processing or other coal mining processes and 
left in an inadequate reclamation status.
  (B) Funds made available under this paragraph may be used for 
reclamation or drainage abatement at a site referred to in 
subparagraph (A) if the Secretary makes either of the following 
findings:
          (i) A finding that the surface coal mining operation 
        occurred during the period beginning on August 4, 1977, 
        and ending on or before the date on which the Secretary 
        approved a State program pursuant to section 503 for a 
        State in which the site is located, and that any funds 
        for reclamation or abatement which are available 
        pursuant to a bond or other form of financial guarantee 
        or from any other source are not sufficient to provide 
        for adequate reclamation or abatement at the site.
          (ii) A finding that the surface coal mining operation 
        occurred during the period beginning on August 4, 1977, 
        and ending on or before the date of enactment of this 
        paragraph, and that the surety of such mining operator 
        became insolvent during such period, and as of the date 
        of enactment of this paragraph, funds immediately 
        available from proceedings relating to such insolvency, 
        or from any financial guarantee or other source are not 
        sufficient to provide for adequate reclamation or 
        abatement at the site.
  (C) In determining which sites to reclaim pursuant to this 
paragraph, the Secretary shall follow the priorities stated in 
paragraphs (1) and (2) of section 403(a). The Secretary shall 
ensure that priority is given to those sites which are in the 
immediate vicinity of a residential area or which have an 
adverse economic impact upon a local community.
  (D) Amounts collected from the assessment of civil penalties 
under section 518 are authorized to be appropriated to carry 
out this paragraph.
  (E) Any State may expend grants made available under 
paragraphs (1) and (5) for reclamation and abatement of any 
site referred to in subparagraph (A) if the State, with the 
concurrence of the Secretary, makes either of the findings 
referred to in clause (i) or (ii) of subparagraph (B) and if 
the State determines that the reclamation priority of the site 
is the same or more urgent than the reclamation priority for 
eligible lands and waters pursuant to section 404 under the 
priorities stated in paragraphs (1) and (2) of section 403(a).
  (F) For the purposes of the certification referred to in 
section 411(a), sites referred to in subparagraph (A) of this 
paragraph shall be considered as having the same priorities as 
those stated in section 403(a) for eligible lands and waters 
pursuant to section 404. All sites referred to in subparagraph 
(A) of this paragraph within any State shall be reclaimed prior 
to such State making the certification referred to in section 
411(a).
  (5)(A) The Secretary shall allocate 60 percent of the amount 
in the fund after making the allocation referred to in 
paragraph (1) for making additional annual grants to States and 
Indian tribes which are not certified under section 411(a) to 
supplement grants received by such States and Indian tribes 
pursuant to paragraph (1)(C) until the priorities stated in 
paragraphs (1) and (2) of section 403(a) have been achieved by 
such State or Indian tribe. The allocation of such funds for 
the purpose of making such expenditures shall be through a 
formula based on the amount of coal historically produced in 
the State or from the Indian lands concerned prior to August 3, 
1977. Funds made available under paragraph (3) or (4) of this 
subsection for any State or Indian tribe shall not be deducted 
against any allocation of funds to the State or Indian tribe 
under paragraph (1) or under this paragraph.
  (B) Any amount that is reallocated and available under 
section 411(h)(3) shall be in addition to amounts that are 
allocated under subparagraph (A).
  (6)(A) Any State with an approved abandoned mine reclamation 
program pursuant to section 405 may receive and retain, without 
regard to the 3-year limitation referred to in paragraph 
(1)(D), up to 30 percent of the total of the grants made 
annually to the State under paragraphs (1) and (5) 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 in a comprehensive manner 
within qualified hydrologic units affected by coal mining 
practices.
  (B) In this paragraph, the term ``qualified hydrologic unit'' 
means a hydrologic unit--
          (i) in which the water quality has been significantly 
        affected by acid mine drainage from coal mining 
        practices in a manner that adversely impacts biological 
        resources; and
          (ii) that contains land and water that are--
                  (I) eligible pursuant to section 404 and 
                include any of the priorities described in 
                section 403(a); and
                  (II) the subject of expenditures by the State 
                from the forfeiture of bonds required under 
                section 509 or from other States sources to 
                abate and treat acid mine drainage.
  (7) In complying with the priorities described in section 
403(a), any State or Indian tribe may use amounts available in 
grants made annually to the State or tribe under paragraphs (1) 
and (5) for the reclamation of eligible land and water 
described in section 403(a)(3) before the completion of 
reclamation projects under paragraphs (1) and (2) of section 
403(a) only if the expenditure of funds for the reclamation is 
done in conjunction with the expenditure before, on, or after 
the date of enactment of the Surface Mining Control and 
Reclamation Act Amendments of 2006 of funds for reclamation 
projects under paragraphs (1) and (2) of section 403(a).
  (8)(A) In making funds available under this title, the 
Secretary shall ensure that the grant awards total not less 
than [$3,000,000] $5,000,000 annually to each State and each 
Indian tribe having an approved abandoned mine reclamation 
program pursuant to section 405 and eligible land and water 
pursuant to section 404, so long as an allocation of funds to 
the State or tribe is necessary to achieve the priorities 
stated in paragraphs (1) and (2) of section 403(a).
  (B) Notwithstanding any other provision of law, this 
paragraph applies to the States of Tennessee and Missouri.
  (h) Transfers of Interest Earned by Fund.--
          (1) In general.--
                  (A) Transfers to combined benefit fund.--As 
                soon as practicable after the beginning of 
                fiscal year 2007 and each fiscal year 
                thereafter, and before making any allocation 
                with respect to the fiscal year under 
                subsection (g), the Secretary shall use an 
                amount not to exceed the amount of interest 
                that the Secretary estimates will be earned and 
                paid to the fund during the fiscal year to 
                transfer to the Combined Benefit Fund such 
                amounts as are estimated by the trustees of 
                such fund to offset the amount of any deficit 
                in net assets in the Combined Benefit Fund as 
                of October 1, 2006, and to make the transfer 
                described in paragraph (2)(A).
                  (B) Transfers to 1992 and 1993 plans.--As 
                soon as practicable after the beginning of 
                fiscal year 2008 and each fiscal year 
                thereafter, and before making any allocation 
                with respect to the fiscal year under 
                subsection (g), the Secretary shall use an 
                amount not to exceed the amount of interest 
                that the Secretary estimates will be earned and 
                paid to the fund during the fiscal year 
                (reduced by the amount used under subparagraph 
                (A)) to make the transfers described in 
                paragraphs (2)(B) and (2)(C).
          (2) Transfers described.--The transfers referred to 
        in paragraph (1) are the following:
                  (A) United mine workers of america combined 
                benefit fund.--A transfer to the United Mine 
                Workers of America Combined Benefit Fund equal 
                to the amount that the trustees of the Combined 
                Benefit Fund estimate will be expended from the 
                fund for the fiscal year in which the transfer 
                is made, reduced by--
                          (i) the amount the trustees of the 
                        Combined Benefit Fund estimate the 
                        Combined Benefit Fund will receive 
                        during the fiscal year in--
                                  (I) required premiums; and
                                  (II) payments paid by Federal 
                                agencies in connection with 
                                benefits provided by the 
                                Combined Benefit Fund; and
                          (ii) the amount the trustees of the 
                        Combined Benefit Fund estimate will be 
                        expended during the fiscal year to 
                        provide health benefits to 
                        beneficiaries who are unassigned 
                        beneficiaries solely as a result of the 
                        application of section 9706(h)(1) of 
                        the Internal Revenue Code of 1986, but 
                        only to the extent that such amount 
                        does not exceed the amounts described 
                        in subsection (i)(1)(A) that the 
                        Secretary estimates will be available 
                        to pay such estimated expenditures.
                  (B) United mine workers of america 1992 
                benefit plan.--A transfer to the United Mine 
                Workers of America 1992 Benefit Plan, in an 
                amount equal to the difference between--
                          (i) the amount that the trustees of 
                        the 1992 UMWA Benefit Plan estimate 
                        will be expended from the 1992 UMWA 
                        Benefit Plan during the next calendar 
                        year to provide the benefits required 
                        by the 1992 UMWA Benefit Plan on the 
                        date of enactment of this subparagraph; 
                        minus
                          (ii) the amount that the trustees of 
                        the 1992 UMWA Benefit Plan estimate the 
                        1992 UMWA Benefit Plan will receive 
                        during the next calendar year in--
                                  (I) required monthly per 
                                beneficiary premiums, including 
                                the amount of any security 
                                provided to the 1992 UMWA 
                                Benefit Plan that is available 
                                for use in the provision of 
                                benefits; and
                                  (II) payments paid by Federal 
                                agencies in connection with 
                                benefits provided by the 1992 
                                UMWA Benefit Plan.
                  (C) Multiemployer health benefit plan.--
                          (i) Transfer to the plan.--A transfer 
                        to the Multiemployer Health Benefit 
                        Plan established after July 20, 1992, 
                        by the parties that are the settlors of 
                        the 1992 UMWA Benefit Plan referred to 
                        in subparagraph (B) (referred to in 
                        this subparagraph and subparagraph (D) 
                        as ``the Plan''), in an amount equal to 
                        the excess (if any) of----
                                  (I) the amount that the 
                                trustees of the Plan estimate 
                                will be expended from the Plan 
                                during the next calendar year, 
                                to provide benefits no greater 
                                than those provided by the Plan 
                                as of December 31, 2006; over
                                  (II) the amount that the 
                                trustees estimated the Plan 
                                will receive during the next 
                                calendar year in payments paid 
                                by Federal agencies in 
                                connection with benefits 
                                provided by the Plan.
                          (ii) Calculation of excess.--The 
                        excess determined under clause (i) 
                        shall be calculated by taking into 
                        account only--
                                  (I) those beneficiaries 
                                actually enrolled in the Plan 
                                as of the date of the enactment 
                                of the American Miner Benefits 
                                Improvement Act of 2020 who are 
                                eligible to receive health 
                                benefits under the Plan on the 
                                first day of the calendar year 
                                for which the transfer is made, 
                                other than those beneficiaries 
                                enrolled in the Plan under the 
                                terms of a participation 
                                agreement with the current or 
                                former employer of such 
                                beneficiaries;
                                  (II) those beneficiaries 
                                whose health benefits, defined 
                                as those benefits payable, 
                                following death or retirement 
                                or upon a finding of 
                                disability, directly by an 
                                employer in the bituminous coal 
                                industry under a coal wage 
                                agreement (as defined in 
                                section 9701(b)(1) of the 
                                Internal Revenue Code of 1986) 
                                or a related coal wage 
                                agreement, would be denied or 
                                reduced as a result of a 
                                bankruptcy proceeding commenced 
                                in 2012, 2015, 2018, 2019, or 
                                any year thereafter, (or, in 
                                the case of any such health 
                                benefits confirmed in any 
                                bankruptcy proceeding, would be 
                                subsequently denied or 
                                reduced); and
                                  (III) the cost of 
                                administering the resolution of 
                                disputes process administered 
                                (as of the date of the 
                                enactment of the Bipartisan 
                                American Miners Act of 2019) by 
                                the Trustees of the Plan.
                        For purposes of subclause (I), a 
                        beneficiary enrolled in the Plan as of 
                        the date of the enactment of the 
                        American Miner Benefits Improvement Act 
                        of 2020 shall be deemed to have been 
                        eligible to receive health benefits 
                        under the Plan on January 1, 2020.
                          (iii) Eligibility of certain 
                        retirees.--Individuals referred to in 
                        clause (ii)(II) shall be treated as 
                        eligible to receive health benefits 
                        under the Plan.
                          (iv) Requirements for transfer.--The 
                        amount of the transfer otherwise 
                        determined under this subparagraph for 
                        a fiscal year shall be reduced by any 
                        amount transferred for the fiscal year 
                        to the Plan, to pay benefits required 
                        under the Plan, from a voluntary 
                        employees' beneficiary association 
                        established as a result of a bankruptcy 
                        proceeding described in clause (ii).
                          (v) VEBA transfer.--The administrator 
                        of such voluntary employees' 
                        beneficiary association shall transfer 
                        to the Plan any amounts received as a 
                        result of such bankruptcy proceeding, 
                        reduced by an amount for administrative 
                        costs of such association.
                          (vi) Related coal wage agreement.--
                        For purposes of clause (ii), the term 
                        ``related coal wage agreement'' means 
                        an agreement between the United Mine 
                        Workers of America and an employer in 
                        the bituminous coal industry that--
                                  (I) is a signatory operator; 
                                or
                                  (II) is or was a debtor in a 
                                bankruptcy proceeding that was 
                                consolidated, administratively 
                                or otherwise, with the 
                                bankruptcy proceeding of a 
                                signatory operator or a related 
                                person to a signatory operator 
                                (as those terms are defined in 
                                section 9701(c) of the Internal 
                                Revenue Code of 1986).
                  (D) Individuals considered enrolled.--For 
                purposes of subparagraph (C), any individual 
                who was eligible to receive benefits from the 
                Plan as of the date of enactment of this 
                subsection, even though benefits were being 
                provided to the individual pursuant to a 
                settlement agreement approved by order of a 
                bankruptcy court entered on or before September 
                30, 2004, will be considered to be actually 
                enrolled in the Plan and shall receive benefits 
                from the Plan beginning on December 31, 2006.
          (3) Adjustment.--If, for any fiscal year, the amount 
        of a transfer under subparagraph (A), (B), or (C) of 
        paragraph (2) is more or less than the amount required 
        to be transferred under that subparagraph, the 
        Secretary shall appropriately adjust the amount 
        transferred under that subparagraph for the next fiscal 
        year.
          (4) Additional amounts.--
                  (A) Previously credited interest.--
                Notwithstanding any other provision of law, any 
                interest credited to the fund that has not 
                previously been transferred to the Combined 
                Benefit Fund referred to in paragraph (2)(A) 
                under this section--
                          (i) shall be held in reserve by the 
                        Secretary until such time as necessary 
                        to make the payments under 
                        subparagraphs (A) and (B) of subsection 
                        (i)(1), as described in clause (ii); 
                        and
                          (ii) in the event that the amounts 
                        described in subsection (i)(1) are 
                        insufficient to make the maximum 
                        payments described in subparagraphs (A) 
                        and (B) of subsection (i)(1), shall be 
                        used by the Secretary to supplement the 
                        payments so that the maximum amount 
                        permitted under those paragraphs is 
                        paid.
                  (B) Previously allocated amounts.--All 
                amounts allocated under subsection (g)(2) 
                before the date of enactment of this 
                subparagraph for the program described in 
                section 406, but not appropriated before that 
                date, shall be available to the Secretary to 
                make the transfers described in paragraph (2).
                  (C) Adequacy of previously credited 
                interest.--The Secretary shall--
                          (i) consult with the trustees of the 
                        plans described in paragraph (2) at 
                        reasonable intervals; and
                          (ii) notify Congress if a 
                        determination is made that the amounts 
                        held in reserve under subparagraph (A) 
                        are insufficient to meet future 
                        requirements under subparagraph 
                        (A)(ii).
                  (D) Additional reserve amounts.--In addition 
                to amounts held in reserve under subparagraph 
                (A), there is authorized to be appropriated 
                such sums as may be necessary for transfer to 
                the fund to carry out the purposes of 
                subparagraph (A)(ii).
                  (E) Inapplicability of cap.--The limitation 
                described in subsection (i)(3)(A) shall not 
                apply to payments made from the reserve fund 
                under this paragraph.
          (5) Limitations.--
                  (A) Availability of funds for next fiscal 
                year.--The Secretary may make transfers under 
                subparagraphs (B) and (C) of paragraph (2) for 
                a calendar year only if the Secretary 
                determines, using actuarial projections 
                provided by the trustees of the Combined 
                Benefit Fund referred to in paragraph (2)(A), 
                that amounts will be available under paragraph 
                (1), after the transfer, for the next fiscal 
                year for making the transfer under paragraph 
                (2)(A).
                  (B) Rate of contributions of obligors.--
                          (i) In general.--
                                  (I) Rate.--A transfer under 
                                paragraph (2)(C) shall not be 
                                made for a calendar year unless 
                                the persons that are obligated 
                                to contribute to the plan 
                                referred to in paragraph (2)(C) 
                                on the date of the transfer are 
                                obligated to make the 
                                contributions at rates that are 
                                no less than those in effect on 
                                the date which is 30 days 
                                before the date of enactment of 
                                this subsection.
                                  (II) Application.--The 
                                contributions described in 
                                subclause (I) shall be applied 
                                first to the provision of 
                                benefits to those plan 
                                beneficiaries who are not 
                                described in paragraph 
                                (2)(C)(ii).
                          (ii) Initial contributions.--
                                  (I) In general.--From the 
                                date of enactment of the 
                                Surface Mining Control and 
                                Reclamation Act Amendments of 
                                2006 through December 31, 2010, 
                                the persons that, on the date 
                                of enactment of that Act, are 
                                obligated to contribute to the 
                                plan referred to in paragraph 
                                (2)(C) shall be obligated, 
                                collectively, to make 
                                contributions equal to the 
                                amount described in paragraph 
                                (2)(C), less the amount 
                                actually transferred due to the 
                                operation of subparagraph (C).
                                  (II) First calendar year.--
                                Calendar year 2006 is the first 
                                calendar year for which 
                                contributions are required 
                                under this clause.
                                  (III) Amount of contribution 
                                for 2006.--Except as provided 
                                in subclause (IV), the amount 
                                described in paragraph (2)(C) 
                                for calendar year 2006 shall be 
                                calculated as if paragraph 
                                (2)(C) had been in effect 
                                during 2005.
                                  (IV) Limitation.--The 
                                contributions required under 
                                this clause for calendar year 
                                2006 shall not exceed the 
                                amount necessary for solvency 
                                of the plan described in 
                                paragraph (2)(C), measured as 
                                of December 31, 2006, and 
                                taking into account all assets 
                                held by the plan as of that 
                                date.
                          (iii) Division.--The collective 
                        annual contribution obligation required 
                        under clause (ii) shall be divided 
                        among the persons subject to the 
                        obligation, and applied uniformly, 
                        based on the hours worked for which 
                        contributions referred to in clause (i) 
                        would be owed.
                  (C) Phase-in of transfers.--For each of 
                calendar years 2008 through 2010, the transfers 
                required under subparagraphs (B) and (C) of 
                paragraph (2) shall equal the following 
                amounts:
                          (i) For calendar year 2008, the 
                        Secretary shall make transfers equal to 
                        25 percent of the amounts that would 
                        otherwise be required under 
                        subparagraphs (B) and (C) of paragraph 
                        (2).
                          (ii) For calendar year 2009, the 
                        Secretary shall make transfers equal to 
                        50 percent of the amounts that would 
                        otherwise be required under 
                        subparagraphs (B) and (C) of paragraph 
                        (2).
                          (iii) For calendar year 2010, the 
                        Secretary shall make transfers equal to 
                        75 percent of the amounts that would 
                        otherwise be required under 
                        subparagraphs (B) and (C) of paragraph 
                        (2).
  (i) Funding.--
          (1) In general.--Subject to paragraph (3), out of any 
        funds in the Treasury not otherwise appropriated, the 
        Secretary of the Treasury shall transfer to the plans 
        described in subsection (h)(2) such sums as are 
        necessary to pay the following amounts:
                  (A) To the Combined Fund (as defined in 
                section 9701(a)(5) of the Internal Revenue Code 
                of 1986 and referred to in this paragraph as 
                the ``Combined Fund''), the amount that the 
                trustees of the Combined Fund estimate will be 
                expended from premium accounts maintained by 
                the Combined Fund for the fiscal year to 
                provide benefits for beneficiaries who are 
                unassigned beneficiaries solely as a result of 
                the application of section 9706(h)(1) of the 
                Internal Revenue Code of 1986, subject to the 
                following limitations:
                          (i) For fiscal year 2008, the amount 
                        paid under this subparagraph shall 
                        equal--
                                  (I) the amount described in 
                                subparagraph (A); minus
                                  (II) the amounts required 
                                under section 9706(h)(3)(A) of 
                                the Internal Revenue Code of 
                                1986.
                          (ii) For fiscal year 2009, the amount 
                        paid under this subparagraph shall 
                        equal--
                                  (I) the amount described in 
                                subparagraph (A); minus
                                  (II) the amounts required 
                                under section 9706(h)(3)(B) of 
                                the Internal Revenue Code of 
                                1986.
                          (iii) For fiscal year 2010, the 
                        amount paid under this subparagraph 
                        shall equal--
                                  (I) the amount described in 
                                subparagraph (A); minus
                                  (II) the amounts required 
                                under section 9706(h)(3)(C) of 
                                the Internal Revenue Code of 
                                1986.
                  (B) On certification by the trustees of any 
                plan described in subsection (h)(2) that the 
                amount available for transfer by the Secretary 
                pursuant to this section (determined after 
                application of any limitation under subsection 
                (h)(5)) is less than the amount required to be 
                transferred, to the plan the amount necessary 
                to meet the requirement of subsection (h)(2).
                  (C) To the Combined Fund, $9,000,000 on 
                October 1, 2007, $9,000,000 on October 1, 2008, 
                $9,000,000 on October 1, 2009, and $9,000,000 
                on October 1, 2010 (which amounts shall not be 
                exceeded) to provide a refund of any premium 
                (as described in section 9704(a) of the 
                Internal Revenue Code of 1986) paid on or 
                before September 7, 2000, to the Combined Fund, 
                plus interest on the premium calculated at the 
                rate of 7.5 percent per year, on a proportional 
                basis and to be paid not later than 60 days 
                after the date on which each payment is 
                received by the Combined Fund, to those 
                signatory operators (to the extent that the 
                Combined Fund has not previously returned the 
                premium amounts to the operators), or any 
                related persons to the operators (as defined in 
                section 9701(c) of the Internal Revenue Code of 
                1986), or their heirs, successors, or assigns 
                who have been denied the refunds as the result 
                of final judgments or settlements if--
                          (i) prior to the date of enactment of 
                        this paragraph, the signatory operator 
                        (or any related person to the 
                        operator)--
                                  (I) had all of its 
                                beneficiary assignments made 
                                under section 9706 of the 
                                Internal Revenue Code of 1986 
                                voided by the Commissioner of 
                                the Social Security 
                                Administration; and
                                  (II) was subject to a final 
                                judgment or final settlement of 
                                litigation adverse to a claim 
                                by the operator that the 
                                assignment of beneficiaries 
                                under section 9706 of the 
                                Internal Revenue Code of 1986 
                                was unconstitutional as applied 
                                to the operator; and
                          (ii) on or before September 7, 2000, 
                        the signatory operator (or any related 
                        person to the operator) had paid to the 
                        Combined Fund any premium amount that 
                        had not been refunded.
          (2) Payments to states and indian tribes.--Subject to 
        paragraph (3), out of any funds in the Treasury not 
        otherwise appropriated, the Secretary of the Treasury 
        shall transfer to the Secretary of the Interior for 
        distribution to States and Indian tribes such sums as 
        are necessary to pay amounts described in paragraphs 
        (1)(A) and (2)(A) of section 411(h).
          (3) Limitations.--
                  (A) Cap.--The total amount transferred under 
                this subsection for any fiscal year shall not 
                exceed $750,000,000.
                  (B) Insufficient amounts.--In a case in which 
                the amount required to be transferred without 
                regard to this paragraph exceeds the maximum 
                annual limitation in subparagraph (A), the 
                Secretary shall adjust the transfers of funds 
                under paragraph (1) so that--
                          (i) each such transfer for the fiscal 
                        year is a percentage of the amount 
                        described;
                          (ii) the amount is determined without 
                        regard to subsection (h)(5)(A); and
                          (iii) the percentage transferred is 
                        the same for all transfers made under 
                        paragraph (1) for the fiscal year.
                  (C) Increase in limitation to account for 
                calculation of health benefit plan excess.--The 
                dollar limitation under subparagraph (A) shall 
                be increased by the amount of the cost to 
                provide benefits which are taken into account 
                under subsection (h)(2)(C)(ii) solely by reason 
                of the amendments made by section 2(a) of the 
                American Miner Benefits Improvement Act of 
                2020.
          (4) Additional amounts.--
                  (A) Calculation.--If the dollar limitation 
                specified in paragraph (3)(A) exceeds the 
                aggregate amount required to be transferred 
                under paragraphs (1) and (2) for a fiscal year, 
                the Secretary of the Treasury shall transfer an 
                additional amount equal to the difference 
                between such dollar limitation and such 
                aggregate amount to the trustees of the 1974 
                UMWA Pension Plan to pay benefits required 
                under that plan.
                  (B) Cessation of transfers.--The transfers 
                described in subparagraph (A) shall cease as of 
                the first fiscal year beginning after the first 
                plan year for which the funded percentage (as 
                defined in section 432(j)(2) of the Internal 
                Revenue Code of 1986) of the 1974 UMWA Pension 
                Plan is at least 100 percent.
                  (C) Prohibition on benefit increases, etc.--
                During a fiscal year in which the 1974 UMWA 
                Pension Plan is receiving transfers under 
                subparagraph (A), no amendment of such plan 
                which increases the liabilities of the plan by 
                reason of any increase in benefits, any change 
                in the accrual of benefits, or any change in 
                the rate at which benefits become 
                nonforfeitable under the plan may be adopted 
                unless the amendment is required as a condition 
                of qualification under part I of subchapter D 
                of chapter 1 of the Internal Revenue Code of 
                1986.
                  (D) Critical status to be maintained.--Until 
                such time as the 1974 UMWA Pension Plan ceases 
                to be eligible for the transfers described in 
                subparagraph (A)--
                          (i) the Plan shall be treated as if 
                        it were in critical status for purposes 
                        of sections 412(b)(3), 432(e)(3), and 
                        4971(g)(1)(A) of the Internal Revenue 
                        Code of 1986 and sections 302(b)(3) and 
                        305(e)(3) of the Employee Retirement 
                        Income Security Act;
                          (ii) the Plan shall maintain and 
                        comply with its rehabilitation plan 
                        under section 432(e) of such Code and 
                        section 305(e) of such Act, including 
                        any updates thereto; and
                          (iii) the provisions of subsections 
                        (c) and (d) of section 432 of such Code 
                        and subsections (c) and (d) of section 
                        305 of such Act shall not apply.
                  (E) Treatment of transfers for purposes of 
                withdrawal liability under erisa.--The amount 
                of any transfer made under subparagraph (A) 
                (and any earnings attributable thereto) shall 
                be disregarded in determining the unfunded 
                vested benefits of the 1974 UMWA Pension Plan 
                and the allocation of such unfunded vested 
                benefits to an employer for purposes of 
                determining the employer's withdrawal liability 
                under section 4201 of the Employee Retirement 
                Income Security Act of 1974.
                  (F) Requirement to maintain contribution 
                rate.--A transfer under subparagraph (A) shall 
                not be made for a fiscal year unless the 
                persons that are obligated to contribute to the 
                1974 UMWA Pension Plan on the date of the 
                transfer are obligated to make the 
                contributions at rates that are no less than 
                those in effect on the date which is 30 days 
                before the date of enactment of the Bipartisan 
                American Miners Act of 2019.
                  (G) Enhanced annual reporting.--
                          (i) In general.--Not later than the 
                        90th day of each plan year beginning 
                        after the date of enactment of the 
                        Bipartisan American Miners Act of 2019, 
                        the trustees of the 1974 UMWA Pension 
                        Plan shall file with the Secretary of 
                        the Treasury or the Secretary's 
                        delegate and the Pension Benefit 
                        Guaranty Corporation a report 
                        (including appropriate documentation 
                        and actuarial certifications from the 
                        plan actuary, as required by the 
                        Secretary of the Treasury or the 
                        Secretary's delegate) that contains--
                                  (I) whether the plan is in 
                                endangered or critical status 
                                under section 305 of the 
                                Employee Retirement Income 
                                Security Act of 1974 and 
                                section 432 of the Internal 
                                Revenue Code of 1986 as of the 
                                first day of such plan year;
                                  (II) the funded percentage 
                                (as defined in section 
                                432(j)(2) of such Code) as of 
                                the first day of such plan 
                                year, and the underlying 
                                actuarial value of assets and 
                                liabilities taken into account 
                                in determining such percentage;
                                  (III) the market value of the 
                                assets of the plan as of the 
                                last day of the plan year 
                                preceding such plan year;
                                  (IV) the total value of all 
                                contributions made during the 
                                plan year preceding such plan 
                                year;
                                  (V) the total value of all 
                                benefits paid during the plan 
                                year preceding such plan year;
                                  (VI) cash flow projections 
                                for such plan year and either 
                                the 6 or 10 succeeding plan 
                                years, at the election of the 
                                trustees, and the assumptions 
                                relied upon in making such 
                                projections;
                                  (VII) funding standard 
                                account projections for such 
                                plan year and the 9 succeeding 
                                plan years, and the assumptions 
                                relied upon in making such 
                                projections;
                                  (VIII) the total value of all 
                                investment gains or losses 
                                during the plan year preceding 
                                such plan year;
                                  (IX) any significant 
                                reduction in the number of 
                                active participants during the 
                                plan year preceding such plan 
                                year, and the reason for such 
                                reduction;
                                  (X) a list of employers that 
                                withdrew from the plan in the 
                                plan year preceding such plan 
                                year, and the resulting 
                                reduction in contributions;
                                  (XI) a list of employers that 
                                paid withdrawal liability to 
                                the plan during the plan year 
                                preceding such plan year and, 
                                for each employer, a total 
                                assessment of the withdrawal 
                                liability paid, the annual 
                                payment amount, and the number 
                                of years remaining in the 
                                payment schedule with respect 
                                to such withdrawal liability;
                                  (XII) any material changes to 
                                benefits, accrual rates, or 
                                contribution rates during the 
                                plan year preceding such plan 
                                year;
                                  (XIII) any scheduled benefit 
                                increase or decrease in the 
                                plan year preceding such plan 
                                year having a material effect 
                                on liabilities of the plan;
                                  (XIV) details regarding any 
                                funding improvement plan or 
                                rehabilitation plan and updates 
                                to such plan;
                                  (XV) the number of 
                                participants and beneficiaries 
                                during the plan year preceding 
                                such plan year who are active 
                                participants, the number of 
                                participants and beneficiaries 
                                in pay status, and the number 
                                of terminated vested 
                                participants and beneficiaries;
                                  (XVI) the information 
                                contained on the most recent 
                                annual funding notice submitted 
                                by the plan under section 
                                101(f) of the Employee 
                                Retirement Income Security Act 
                                of 1974;
                                  (XVII) the information 
                                contained on the most recent 
                                Department of Labor Form 5500 
                                of the plan; and
                                  (XVIII) copies of the plan 
                                document and amendments, other 
                                retirement benefit or ancillary 
                                benefit plans relating to the 
                                plan and contribution 
                                obligations under such plans, a 
                                breakdown of administrative 
                                expenses of the plan, 
                                participant census data and 
                                distribution of benefits, the 
                                most recent actuarial valuation 
                                report as of the plan year, 
                                copies of collective bargaining 
                                agreements, and financial 
                                reports, and such other 
                                information as the Secretary of 
                                the Treasury or the Secretary's 
                                delegate, in consultation with 
                                the Secretary of Labor and the 
                                Director of the Pension Benefit 
                                Guaranty Corporation, may 
                                require.
                          (ii) Electronic submission.--The 
                        report required under clause (i) shall 
                        be submitted electronically.
                          (iii) Information sharing.--The 
                        Secretary of the Treasury or the 
                        Secretary's delegate shall share the 
                        information in the report under clause 
                        (i) with the Secretary of Labor.
                          (iv) Penalty.--Any failure to file 
                        the report required under clause (i) on 
                        or before the date described in such 
                        clause shall be treated as a failure to 
                        file a report required to be filed 
                        under section 6058(a) of the Internal 
                        Revenue Code of 1986, except that 
                        section 6652(e) of such Code shall be 
                        applied with respect to any such 
                        failure by substituting ``$100'' for 
                        ``$25''. The preceding sentence shall 
                        not apply if the Secretary of the 
                        Treasury or the Secretary's delegate 
                        determines that reasonable diligence 
                        has been exercised by the trustees of 
                        such plan in attempting to timely file 
                        such report.
                  (H) 1974 umwa pension plan defined.--For 
                purposes of this paragraph, the term ``1974 
                UMWA Pension Plan'' has the meaning given the 
                term in section 9701(a)(3) of the Internal 
                Revenue Code of 1986, but without regard to the 
                limitation on participation to individuals who 
                retired in 1976 and thereafter.
          (5) Availability of funds.--Funds shall be 
        transferred under paragraphs (1) and (2) beginning in 
        fiscal year 2008 and each fiscal year thereafter, and 
        shall remain available until expended.

                           objectives of fund

  Sec. 403. (a) Priorities.--Expenditure of moneys from the 
fund on lands and water eligible pursuant to section 404 for 
the purposes of this title, except as provided for under 
section 411, shall reflect the following priorities in the 
order stated:
          (1)(A) the protection; of public health, safety, and 
        property from extreme danger of adverse effects of coal 
        mining practices;
          (B) the restoration of land and water resources and 
        the environment that--
                  (i) have been degraded by the adverse effects 
                of coal mining practices; and
                  (ii) are adjacent to a site that has been or 
                will be remediated under subparagraph (A);
          (2)(A) the protection of public health and safety 
        from adverse effects of coal mining practices;
          (B) the restoration of land and water resources and 
        the environment that--
                  (i) have been degraded by the adverse effects 
                of coal mining practices; and
                  (ii) are adjacent to a site that has been or 
                will be remediated under subparagraph (A); and
          (3) the restoration of land and water resources and 
        the environment previously degraded by adverse effects 
        of coal mining practices including measures for the 
        conservation and development of soil, water (excluding 
        channelization), woodland, fish and wildlife, 
        recreation resources, and agricultural productivity.
  (b) Water Supply Restoration.--(1) Any State or Indian tribe 
not certified under section 411(a) may expend the funds 
allocated to such State or Indian tribe in any year through the 
grants made available under paragraphs (1) and (5) of section 
402(g) for the purpose of protecting, repairing, replacing, 
constructing, or enhancing facilities relating to water supply, 
including water distribution facilities and treatment plants, 
to replace water supplies adversely affected by coal mining 
practices.
  (2) If the adverse effect on water supplies referred to in 
this subsection occurred both prior to and after August 3, 
1977, or as the case may be, the dates (and under the criteria) 
set forth under section 402(g)(4)(B), section 404 shall not be 
construed to prohibit a State or Indian tribe referred to in 
paragraph (1) from using funds referred to in such paragraph 
for the purposes of this subsection if the State or Indian 
tribe determines that such adverse effects occurred 
predominantly prior to August 3, 1977, or as the case may be, 
the dates (and under the criteria) set forth under section 
402(g)(4)(B).
  (c) Inventory.--For the purposes of assisting in the planning 
and evaluation of reclamation projects pursuant to section 405, 
and assisting in making the certification referred to in 
section 411(a), the Secretary shall maintain an inventory of 
eligible lands and waters pursuant to section 404 which meet 
the priorities stated in paragraphs (1) and (2) of subsection 
(a). Under standardized procedures established by the 
Secretary, States and Indian tribes with approved abandoned 
mine reclamation programs pursuant to section 405 may offer 
amendments, subject to the approval of the Secretary, to update 
the inventory as it applies to eligible lands and waters under 
the jurisdiction of such States or tribes. As practicable, 
States and Indian tribes shall offer such amendments based on 
the use of remote sensing, global positioning systems, and 
other advanced technologies. The Secretary shall provide such 
States and tribes with the financial and technical assistance 
necessary for the purpose of making inventory amendments. The 
Secretary shall compile and maintain an inventory for States 
and Indian lands in the case when a State or Indian tribe does 
not have an approved abandoned mine reclamation program 
pursuant to section 405. On a regular basis, but not less than 
annually, the projects completed under this title shall be so 
noted on the inventory under standardized procedures 
established by the Secretary.

           *       *       *       *       *       *       *


SEC. 416. ABANDONED MINE LAND ECONOMIC REVITALIZATION.

  (a) Purpose.--The purpose of this section is to promote 
economic revitalization, diversification, and development in 
economically distressed mining communities through the 
reclamation and restoration of land and water resources 
adversely affected by coal mining carried out before August 3, 
1977.
  (b) In General.--From amounts deposited into the fund under 
section 401(b) before October 1, 2007, and not otherwise 
appropriated to the extent such funds are available, 
$200,000,000 shall be made available to the Secretary, without 
further appropriation, for each of fiscal years 2022 through 
2026 for distribution to States and Indian tribes in accordance 
with this section for reclamation and restoration projects at 
sites identified as priorities under section 403(a): Provided, 
That if less than $200,000,000 is available in any fiscal year 
to the Secretary, such remaining amount shall be made available 
to the Secretary, without further appropriation, and such 
fiscal year shall end distributions made available under this 
section.
  (c) Use of Funds.--Funds distributed to a State or Indian 
tribe under subsection (d) shall be used only for projects 
classified under the priorities of section 403(a) that meet the 
following criteria:
          (1) Contribution to future economic or community 
        development.--
                  (A) In general.--The project, upon completion 
                of reclamation, is intended to create favorable 
                conditions for the economic development of the 
                project site or create favorable conditions 
                that promote the general welfare through 
                economic and community development of the area 
                in which the project is conducted.
                  (B) Demonstration of conditions.--Such 
                conditions are demonstrated by--
                          (i) documentation of the role of the 
                        project in such area's economic 
                        development strategy or other economic 
                        and community development planning 
                        process;
                          (ii) any other documentation of the 
                        planned economic and community use of 
                        the project site after the primary 
                        reclamation activities are completed, 
                        which may include contracts, agreements 
                        in principle, or other evidence that, 
                        once reclaimed, the site is reasonably 
                        anticipated to be used for one or more 
                        industrial, commercial, residential, 
                        agricultural, or recreational purposes; 
                        or
                          (iii) any other documentation agreed 
                        to by the State or Indian tribe that 
                        demonstrates the project will meet the 
                        criteria set forth in this subsection.
          (2) Location in economically distressed community 
        affected by recent decline in mining.--
                  (A) In general.--The project will be 
                conducted in a community--
                          (i) that has been adversely affected 
                        economically by a recent reduction in 
                        coal mining related activity, as 
                        demonstrated by employment data, per 
                        capita income, or other indicators of 
                        economic distress; or
                          (ii)(I) that has historically relied 
                        on coal mining for a substantial 
                        portion of its economy; and
                          (II) in which the economic 
                        contribution of coal mining has 
                        significantly declined.
                  (B) Submission and publication of evidence or 
                analysis.--Any evidence or analysis relied upon 
                in selecting the location of a project under 
                this subparagraph shall be submitted to the 
                Secretary for publication. The Secretary shall 
                publish such evidence or analysis in the 
                Federal Register within 30 days after receiving 
                such submission.
          (3) Stakeholder collaboration.--
                  (A) In general.--The project has been the 
                subject of project planning under subsection 
                (g) and has been the focus of collaboration, 
                including partnerships, as appropriate, with 
                interested persons or local organizations.
                  (B) Public notice.--As part of project 
                planning the public has been notified of the 
                project, including not less than 45 days before 
                submission of the project to the Office of 
                Surface Mining Reclamation and Enforcement, the 
                State or Indian Tribe has published notice of 
                the proposed project in local newspapers of 
                general circulation, on the Internet, and by 
                any other means considered desirable by the 
                Secretary, and has provided an opportunity to 
                request a public meeting convened in a 
                community near the proposed project site.
                  (C) Electronic notification.--The State or 
                Indian tribe established a way for interested 
                persons to receive electronically all public 
                notices issued under subparagraph (B) and any 
                written declarations submitted to the Secretary 
                under paragraph (5).
          (4) Eligible applicants.--The project has been 
        proposed by entities of State, local, county, or tribal 
        governments, or local organizations, and will be 
        approved and executed by State or tribal programs, 
        approved under section 405 or referred to in section 
        402(g)(8)(B) which may include subcontracting project-
        related activities, as appropriate.
          (5) Waiver.--If the State or Indian tribe--
                  (A) cannot provide documentation described in 
                paragraph (1)(B) for a project conducted under 
                a priority stated in paragraph (1) or (2) of 
                section 403(a), or
                  (B) is unable to meet the requirements under 
                paragraph (2), the State or Indian tribe shall 
                submit a written declaration to the Secretary 
                requesting an exemption from the requirements 
                of those subparagraphs. The declaration must 
                explain why achieving favorable conditions for 
                economic or community development at the 
                project site is not practicable, or why the 
                requirements of paragraph (2) cannot be met, 
                and that sufficient funds distributed annually 
                under section 401 are not available to 
                implement the project. Such request for an 
                exemption is deemed to be approved, except the 
                Secretary shall deny such request if the 
                Secretary determines the declaration to be 
                substantially inadequate. Any denial of such 
                request shall be resolved at the State's or 
                Indian tribe's request through the procedures 
                described in subsection (e).
  (d) Distribution of Funds.--
          (1) States.--
                  (A) In general.--From the amount made 
                available in subsection (b), the Secretary 
                shall distribute $195,000,000 annually for each 
                of fiscal years 2022 through 2026 to States and 
                Indian tribes that have a State or tribal 
                program approved under section 405 or are 
                referred to in section 402(g)(8)(B), and have 
                not made a certification under section 411(a) 
                in which the Secretary has concurred, as 
                follows:
                          (i) Four-fifths of such amount shall 
                        be distributed based on the proportion 
                        of the amount of coal historically 
                        produced in each State or from the 
                        lands of each Indian tribe concerned 
                        before August 3, 1977.
                          (ii) One-fifth of such amount shall 
                        be distributed based on the proportion 
                        of reclamation fees paid during the 
                        period of fiscal years 2012 through 
                        2016 for lands in each State or lands 
                        of each Indian tribe concerned.
                  (B) Supplemental funds.--Funds distributed 
                under this section--
                          (i) shall be in addition to, and 
                        shall not affect, the amount of funds 
                        distributed to States and Indian tribes 
                        under section 401(f) and section 
                        411(h)(2); and
                          (ii) shall not reduce any funds 
                        distributed to a State or Indian tribe 
                        by reason of the application of section 
                        402(g)(8).
          (2) Additional funding to certified states and indian 
        tribes.--
                  (A) Eligibility.--From the amount made 
                available in subsection (b), the Secretary 
                shall distribute $5,000,000 annually for each 
                of the five fiscal years beginning with fiscal 
                year 2022 to States and Indian tribes that have 
                a State program approved under section 405 and 
                have made a certification under section 411(a) 
                in which the Secretary has concurred.
                  (B) Application for funds.--Using the process 
                in section 405(f), any State or Indian tribe 
                described in subparagraph (A) may submit a 
                grant application to the Secretary for funds 
                under this paragraph. The Secretary shall 
                review each grant application to confirm that 
                the projects identified in the application for 
                funding are eligible under subsection (c).
                  (C) Distribution of funds.--The amount of 
                funds distributed to each State or Indian tribe 
                under this paragraph shall be determined by the 
                Secretary based on the demonstrated need for 
                the funding to accomplish the purpose of this 
                section.
          (3) Reallocation of uncommitted funds.--
                  (A) Committed defined.--For purposes of this 
                paragraph the term ``committed''--
                          (i) means that funds received by the 
                        State or Indian tribe--
                                  (I) have been exclusively 
                                applied to or reserved for a 
                                specific project and therefore 
                                are not available for any other 
                                purpose; or
                                  (II) have been expended or 
                                designated by the State or 
                                Indian tribe for the completion 
                                of a project;
                          (ii) includes use of any amount for 
                        project planning under subsection (g); 
                        and
                          (iii) reflects an acknowledgment by 
                        Congress that, based on the 
                        documentation required under subsection 
                        (c)(2)(B), any unanticipated delays to 
                        commit such funds that are outside the 
                        control of the State or Indian tribe 
                        concerned shall not affect its 
                        allocations under this section.
                  (B) Fiscal year 2026.--For fiscal year 2026, 
                the Secretary shall reallocate in accordance 
                with subparagraph (C) any amount available for 
                distribution under this subsection that has not 
                been committed to eligible projects or 
                distributed under paragraph (1)(A), among the 
                States and Indian tribes that have committed to 
                eligible projects the full amount of their 
                annual allocation for the preceding fiscal 
                years.
                  (C) Amount of reallocation.--The amount 
                reallocated to each State or Indian tribe under 
                each of subparagraph (B) shall be determined by 
                the Secretary to reflect, to the extent 
                practicable--
                          (i) the proportion of unreclaimed 
                        eligible lands and waters the State or 
                        Indian tribe has in the inventory 
                        maintained under section 403(c);
                          (ii) the average of the proportion of 
                        reclamation fees paid for lands in each 
                        State or lands of each Indian tribe 
                        concerned; and
                          (iii) the proportion of coal mining 
                        employment loss incurred in the State 
                        or on lands of the Indian tribe, 
                        respectively, as determined by the Mine 
                        Safety and Health Administration, over 
                        the 5-year period preceding the fiscal 
                        year for which the reallocation is 
                        made.
  (e) Resolution of Secretary's Concerns; Congressional 
Notification.--If the Secretary does not agree with a State or 
Indian tribe that a proposed project meets the criteria set 
forth in subsection (c)--
          (1) the Secretary and the State or tribe shall meet 
        and confer for a period of not more than 45 days to 
        resolve the Secretary's concerns, except that such 
        period may be shortened by the Secretary if the 
        Secretary's concerns are resolved;
          (2) during that period, at the State's or Indian 
        tribe's request, the Secretary may consult with any 
        appropriate Federal agency; and
          (3) at the end of that period, if the Secretary's 
        concerns are not resolved the Secretary shall provide 
        to the Committee on Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate an explanation of the concerns 
        and such project proposal shall not be eligible for 
        funds distributed under this section.
  (f) Acid Mine Drainage Treatment.--A State or Indian tribe 
that receives funds under this section may use up to 30 percent 
of such funds as necessary to supplement the State's or tribe's 
acid mine drainage abatement and treatment fund established 
under section 402(g)(6)(A), for future operation and 
maintenance costs for the treatment of acid mine drainage 
associated with the individual projects funded under this 
section.
  (g) Project Planning and Administration.--
          (1) States and indian tribes.--A State or Indian 
        tribe may use up to 10 percent of its annual 
        distribution under this section for costs of 
        administering this section consistent with existing 
        practice under sections 401(c)(7) and 402(g)(1)(C) and 
        the Office of Surface Mining Reclamation and 
        Enforcement Assistance Manual.
          (2) Secretary.--The Secretary may expend, from 
        amounts made available to the Secretary under section 
        402(g)(3)(D), not more than $3,000,000 during the 
        fiscal years for which distributions occur under 
        subsection (b) for staffing and other administrative 
        expenses necessary to carry out this section.
  (h) Deadlines.--
          (1) Rules and guidelines.--To the extent necessary to 
        implement this Act, the Secretary shall propose rules 
        or develop guidelines (or both) not later than 90 days 
        after the date of enactment of this section and shall 
        publish them as final rules or guidelines, 
        respectively, not later than 90 days thereafter. Within 
        60 days after the issuance of any such final rules or 
        guidelines, the Secretary shall distribute the funds 
        under subsection (d).
          (2) Project proposals.--The appropriate field office 
        of the Office of Surface Mining Reclamation and 
        Enforcement shall--
                  (A) initially review, vet, and approve or 
                disapprove of each project proposal under this 
                section within 45 days after receipt by the 
                field office of the proposal; and
                  (B) issue an authorization to proceed on an 
                approved project within 45 days after receipt 
                by the field office of a request for such 
                authorization from a State or Indian tribe.
  (i) Report to Congress.--The Secretary shall provide to the 
Committee on Natural Resources of the House of Representatives, 
the Committees on Appropriations of the House of 
Representatives and the Senate, and the Committee on Energy and 
Natural Resources of the Senate at the end of each fiscal year 
for which such funds are distributed a detailed report--
          (1) on the various projects that have been undertaken 
        with such funds;
          (2) the extent and degree of reclamation using such 
        funds that achieved the priorities described in 
        paragraph (1) or (2) of section 403(a);
          (3) the community and economic benefits that are 
        resulting from, or are expected to result from, the use 
        of the funds that achieved the priorities described in 
        paragraph (3) of section 403(a); and
          (4) the reduction since the previous report in the 
        inventory referred to in section 403(c).
  (j) Prohibition on Certain Use of Funds.--Any State or Indian 
tribe that uses the funds distributed under this section for 
purposes other than reclamation or drainage abatement 
expenditures, as made eligible by section 404, and for the 
purposes authorized under subsections (f) and (g), shall be 
barred from receiving any subsequent funding under this 
section.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 1733 (Cartwright-Rogers) seeks to address outstanding 
abandoned mine land (AML) sites while also encouraging the 
revitalization of depressed coal communities. This bill would 
accelerate the release of $200 million annually for five years 
from the remaining unappropriated balance in the AML Fund for 
AML reclamation.
    Thousands of abandoned coal mines remain from production 
occurring before modern regulations. Many of them present risks 
to the human health and safety, as well as creating water 
quality and environmental problems. Leaving abandoned mines 
unaddressed presents economic challenges to coal communities, 
as well.
    This legislation requires states to identify AML projects 
that will provide the opportunity for community development on 
the impacted lands, but states are allowed to opt out of this 
requirement in certain cases to prioritize projects for which 
community development projects are not feasible. Funds 
authorized by this bill are limited to reclamation work alone; 
community partnerships and other sources of funding must be 
leveraged for the economic after-projects.
    H.R. 1733 is an attempt to accelerate the remediation of 
abandoned mine lands while stimulating economic development at 
the same time. However, it is important to consider the state 
of the coal industry as national and international markets see 
shifts in their energy mix when evaluating changes to the AML 
program. The AML fund cannot remain solvent, and states cannot 
continue to conduct AML cleanup work without a productive 
domestic coal industry. In fact, at the time this bill was 
considered in Committee, coal production had decreased 39 
percent since the AML fee was previously reauthorized in 2006. 
This decrease in domestic coal production was a key factor in 
ongoing negotiations in Congress regarding the future of the 
AML fee, which was expected to expire on September 30, 2021. At 
the time of the mark-up, it was unwise to accelerate spending 
from the unappropriated balance of the AML fund.
    I was pleased to see Congress lower the AML fee by 20% for 
each ton of coal produced when the fee was reauthorized through 
the Infrastructure Investment and Jobs Act in November 2021. At 
the time H.R. 1733 was considered by the Committee, Congress 
had not come to an agreement on the future of the AML fee level 
and authorizing such a large drawdown of the AML fund was not 
prudent.
    For that reason, I opposed H.R. 1733 at that time.

                                                   Bruce Westerman.

                                  [all]