[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1455 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1455
To amend the Surface Mining Control and Reclamation Act of 1977 to
provide funds to States and Indian tribes for the purpose of promoting
economic revitalization, diversification, and development in
economically distressed communities through the reclamation and
restoration of land and water resources adversely affected by coal
mining carried out before August 3, 1977, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2021
Mr. Manchin (for himself, Mr. Casey, Mr. Warner, Mr. Kaine, and Mr.
Brown) introduced the following bill; which was read twice and referred
to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Surface Mining Control and Reclamation Act of 1977 to
provide funds to States and Indian tribes for the purpose of promoting
economic revitalization, diversification, and development in
economically distressed communities through the reclamation and
restoration of land and water resources adversely affected by coal
mining carried out before August 3, 1977, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revitalizing the Economy of Coal
Communities by Leveraging Local Activities and Investing More Act of
2021'' or the ``RECLAIM Act of 2021''.
SEC. 2. ECONOMIC REVITALIZATION FOR COAL COUNTRY.
(a) In General.--Title IV of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended by adding
at the end the following:
``SEC. 416. ABANDONED MINE LAND ECONOMIC REVITALIZATION.
``(a) Purpose.--The purpose of this section is to promote economic
revitalization, diversification, and development in economically
distressed mining communities through the reclamation and restoration
of land and water resources adversely affected by coal mining carried
out before August 3, 1977.
``(b) In General.--From amounts deposited into the fund under
section 401(b) before October 1, 2007, and not otherwise appropriated
to the extent such funds are available, $200,000,000 shall be made
available to the Secretary, without further appropriation, for each of
fiscal years 2022 through 2026 for distribution to States and Indian
tribes in accordance with this section for reclamation and restoration
projects at sites identified as priorities under section 403(a):
Provided, That if less than $200,000,000 is available in any fiscal
year to the Secretary, such remaining amount shall be made available to
the Secretary, without further appropriation, and such fiscal year
shall end distributions made available under this section.
``(c) Use of Funds.--Funds distributed to a State or Indian tribe
under subsection (d) shall be used only for projects classified under
the priorities of section 403(a) that meet the following criteria:
``(1) Contribution to future economic or community
development.--
``(A) In general.--The project, upon completion of
reclamation, is intended to create favorable conditions
for the economic development of the project site or
create favorable conditions that promote the general
welfare through economic and community development of
the area in which the project is conducted.
``(B) Demonstration of conditions.--Such conditions
are demonstrated by--
``(i) documentation of the role of the
project in such area's economic development
strategy or other economic and community
development planning process;
``(ii) any other documentation of the
planned economic and community use of the
project site after the primary reclamation
activities are completed, which may include
contracts, agreements in principle, or other
evidence that, once reclaimed, the site is
reasonably anticipated to be used for one or
more industrial, commercial, residential,
agricultural, or recreational purposes; or
``(iii) any other documentation agreed to
by the State or Indian tribe that demonstrates
the project will meet the criteria set forth in
this subsection.
``(2) Location in economically distressed community
affected by recent decline in mining.--
``(A) In general.--The project will be conducted in
a community--
``(i) that has been adversely affected
economically by a recent reduction in coal
mining related activity, as demonstrated by
employment data, per capita income, or other
indicators of economic distress; or
``(ii)(I) that has historically relied on
coal mining for a substantial portion of its
economy; and
``(II) in which the economic contribution
of coal mining has significantly declined.
``(B) Submission and publication of evidence or
analysis.--Any evidence or analysis relied upon in
selecting the location of a project under this
subparagraph shall be submitted to the Secretary for
publication. The Secretary shall publish such evidence
or analysis in the Federal Register within 30 days
after receiving such submission.
``(3) Stakeholder collaboration.--
``(A) In general.--The project has been the subject
of project planning under subsection (g) and has been
the focus of collaboration, including partnerships, as
appropriate, with interested persons or local
organizations.
``(B) Public notice.--As part of project planning
the public has been notified of the project, including
not less than 45 days before submission of the project
to the Office of Surface Mining Reclamation and
Enforcement, the State or Indian Tribe has published
notice of the proposed project in local newspapers of
general circulation, on the Internet, and by any other
means considered desirable by the Secretary, and has
provided an opportunity to request a public meeting
convened in a community near the proposed project site.
``(C) Electronic notification.--The State or Indian
tribe established a way for interested persons to
receive electronically all public notices issued under
subparagraph (B) and any written declarations submitted
to the Secretary under paragraph (5).
``(4) Eligible applicants.--The project has been proposed
by entities of State, local, county, or tribal governments, or
local organizations, and will be approved and executed by State
or tribal programs, approved under section 405 or referred to
in section 402(g)(8)(B) which may include subcontracting
project-related activities, as appropriate.
``(5) Waiver.--If the State or Indian tribe--
``(A) cannot provide documentation described in
paragraph (1)(B) for a project conducted under a
priority stated in paragraph (1) or (2) of section
403(a), or
``(B) is unable to meet the requirements under
paragraph (2), the State or Indian tribe shall submit a
written declaration to the Secretary requesting an
exemption from the requirements of those subparagraphs.
The declaration must explain why achieving favorable
conditions for economic or community development at the
project site is not practicable, or why the
requirements of paragraph (2) cannot be met, and that
sufficient funds distributed annually under section 401
are not available to implement the project. Such
request for an exemption is deemed to be approved,
except the Secretary shall deny such request if the
Secretary determines the declaration to be
substantially inadequate. Any denial of such request
shall be resolved at the State's or Indian tribe's
request through the procedures described in subsection
(e).
``(d) Distribution of Funds.--
``(1) States.--
``(A) In general.--From the amount made available
in subsection (b), the Secretary shall distribute
$195,000,000 annually for each of fiscal years 2022
through 2026 to States and Indian tribes that have a
State or tribal program approved under section 405 or
are referred to in section 402(g)(8)(B), and have not
made a certification under section 411(a) in which the
Secretary has concurred, as follows:
``(i) Four-fifths of such amount shall be
distributed based on the proportion of the
amount of coal historically produced in each
State or from the lands of each Indian tribe
concerned before August 3, 1977.
``(ii) One-fifth of such amount shall be
distributed based on the proportion of
reclamation fees paid during the period of
fiscal years 2012 through 2016 for lands in
each State or lands of each Indian tribe
concerned.
``(B) Supplemental funds.--Funds distributed under
this section--
``(i) shall be in addition to, and shall
not affect, the amount of funds distributed to
States and Indian tribes under section 401(f)
and section 411(h)(2); and
``(ii) shall not reduce any funds
distributed to a State or Indian tribe by
reason of the application of section 402(g)(8).
``(2) Additional funding to certified states and indian
tribes.--
``(A) Eligibility.--From the amount made available
in subsection (b), the Secretary shall distribute
$5,000,000 annually for each of the five fiscal years
beginning with fiscal year 2022 to States and Indian
tribes that have a State program approved under section
405 and have made a certification under section 411(a)
in which the Secretary has concurred.
``(B) Application for funds.--Using the process in
section 405(f), any State or Indian tribe described in
subparagraph (A) may submit a grant application to the
Secretary for funds under this paragraph. The Secretary
shall review each grant application to confirm that the
projects identified in the application for funding are
eligible under subsection (c).
``(C) Distribution of funds.--The amount of funds
distributed to each State or Indian tribe under this
paragraph shall be determined by the Secretary based on
the demonstrated need for the funding to accomplish the
purpose of this section.
``(3) Reallocation of uncommitted funds.--
``(A) Committed defined.--For purposes of this
paragraph the term `committed'--
``(i) means that funds received by the
State or Indian tribe--
``(I) have been exclusively applied
to or reserved for a specific project
and Therefore are not available for any
other purpose; or
``(II) have been expended or
designated by the State or Indian tribe
for the completion of a project;
``(ii) includes use of any amount for
project planning under subsection (g); and
``(iii) reflects an acknowledgment by
Congress that, based on the documentation
required under subsection (c)(2)(B), any
unanticipated delays to commit such funds that
are outside the control of the State or Indian
tribe concerned shall not affect its
allocations under this section.
``(B) Fiscal year 2026.--For fiscal year 2026, the
Secretary shall reallocate in accordance with
subparagraph (C) any amount available for distribution
under this subsection that has not been committed to
eligible projects or distributed under paragraph
(1)(A), among the States and Indian tribes that have
committed to eligible projects the full amount of their
annual allocation for the preceding fiscal years.
``(C) Amount of reallocation.--The amount
reallocated to each State or Indian tribe under each of
subparagraph (B) shall be determined by the Secretary
to reflect, to the extent practicable--
``(i) the proportion of unreclaimed
eligible lands and waters the State or Indian
tribe has in the inventory maintained under
section 403(c);
``(ii) the average of the proportion of
reclamation fees paid for lands in each State
or lands of each Indian tribe concerned; and
``(iii) the proportion of coal mining
employment loss incurred in the State or on
lands of the Indian tribe, respectively, as
determined by the Mine Safety and Health
Administration, over the 5-year period
preceding the fiscal year for which the
reallocation is made.
``(e) Resolution of Secretary's Concerns; Congressional
Notification.--If the Secretary does not agree with a State or Indian
tribe that a proposed project meets the criteria set forth in
subsection (c)--
``(1) the Secretary and the State or tribe shall meet and
confer for a period of not more than 45 days to resolve the
Secretary's concerns, except that such period may be shortened
by the Secretary if the Secretary's concerns are resolved;
``(2) during that period, at the State's or Indian tribe's
request, the Secretary may consult with any appropriate Federal
agency; and
``(3) at the end of that period, if the Secretary's
concerns are not resolved the Secretary shall provide to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
an explanation of the concerns and such project proposal shall
not be eligible for funds distributed under this section.
``(f) Acid Mine Drainage Treatment.--A State or Indian tribe that
receives funds under this section may use up to 30 percent of such
funds as necessary to supplement the State's or tribe's acid mine
drainage abatement and treatment fund established under section
402(g)(6)(A), for future operation and maintenance costs for the
treatment of acid mine drainage associated with the individual projects
funded under this section.
``(g) Project Planning and Administration.--
``(1) States and indian tribes.--A State or Indian tribe
may use up to 10 percent of its annual distribution under this
section for costs of administering this section consistent with
existing practice under sections 401(c)(7) and 402(g)(1)(C) and
the Office of Surface Mining Reclamation and Enforcement
Assistance Manual.
``(2) Secretary.--The Secretary may expend, from amounts
made available to the Secretary under section 402(g)(3)(D), not
more than $3,000,000 during the fiscal years for which
distributions occur under subsection (b) for staffing and other
administrative expenses necessary to carry out this section.
``(h) Deadlines.--
``(1) Rules and guidelines.--To the extent necessary to
implement this Act, the Secretary shall propose rules or
develop guidelines (or both) not later than 90 days after the
date of enactment of this section and shall publish them as
final rules or guidelines, respectively, not later than 90 days
thereafter. Within 60 days after the issuance of any such final
rules or guidelines, the Secretary shall distribute the funds
under subsection (d).
``(2) Project proposals.--The appropriate field office of
the Office of Surface Mining Reclamation and Enforcement
shall--
``(A) initially review, vet, and approve or
disapprove of each project proposal under this section
within 45 days after receipt by the field office of the
proposal; and
``(B) issue an authorization to proceed on an
approved project within 45 days after receipt by the
field office of a request for such authorization from a
State or Indian tribe.
``(i) Report to Congress.--The Secretary shall provide to the
Committee on Natural Resources of the House of Representatives, the
Committees on Appropriations of the House of Representatives and the
Senate, and the Committee on Energy and Natural Resources of the Senate
at the end of each fiscal year for which such funds are distributed a
detailed report--
``(1) on the various projects that have been undertaken
with such funds;
``(2) the extent and degree of reclamation using such funds
that achieved the priorities described in paragraph (1) or (2)
of section 403(a);
``(3) the community and economic benefits that are
resulting from, or are expected to result from, the use of the
funds that achieved the priorities described in paragraph (3)
of section 403(a); and
``(4) the reduction since the previous report in the
inventory referred to in section 403(c).
``(j) Prohibition on Certain Use of Funds.--Any State or Indian
tribe that uses the funds distributed under this section for purposes
other than reclamation or drainage abatement expenditures, as made
eligible by section 404, and for the purposes authorized under
subsections (f) and (g), shall be barred from receiving any subsequent
funding under this section.''.
(b) Clerical Amendment.--The table of contents in the first section
of the Surface Mining Control and Reclamation Act of 1977 is amended by
adding at the end of the items relating to title IV the following:
``Sec. 416. Abandoned mine land economic revitalization.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
The Surface Mining Control and Reclamation Act of 1977 is amended--
(1) in section 401(c) (30 U.S.C. 1231(c)), by striking
``and'' after the semicolon at the end of paragraph (10), by
redesignating paragraph (11) as paragraph (12), and by
inserting after paragraph (10) the following:
``(11) to implement section 416; and'';
(2) in section 401(d)(3) (30 U.S.C. 1231(d)(3)), by
striking ``subsection (f)'' and inserting ``subsection (f) and
section 416(a)'';
(3) in section 402(g) (30 U.S.C. 1232(g))--
(A) in paragraph (1), by inserting ``and section
416'' after ``subsection (h)''; and
(B) by adding at the end of paragraph (3) the
following:
``(F) For the purpose of section 416(d)(2)(A).'';
and
(4) in section 403(c) (30 U.S.C. 1233(c)), by inserting
after the second sentence the following: ``As practicable,
States and Indian tribes shall offer such amendments based on
the use of remote sensing, global positioning systems, and
other advanced technologies.''.
SEC. 4. MINIMUM STATE PAYMENTS.
Section 402(g)(8)(A) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(g)(8)) is amended by striking
``$3,000,000'' and inserting ``$5,000,000''.
SEC. 5. GAO STUDY OF USE OF FUNDS.
Not later than two years after the date of the enactment of this
Act, the Comptroller General of the United States shall study and
report to the Congress on uses of funds authorized by this Act,
including regarding--
(1) the solvency of the Abandoned Mine Reclamation Fund;
and
(2) the impact of such use on payments and transfers under
the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201) to--
(A) States and Indian Tribes for which a
certification has been made under section 411 of such
Act (30 U.S.C.1241);
(B) States and Indian Tribes for which such a
certification has not been made; and
(C) transfers to United Mine Workers of America
Combined Benefit Fund.
SEC. 6. PAYMENTS TO CERTIFIED STATES NOT AFFECTED.
Nothing in this Act shall be construed to reduce or otherwise
affect payments under section 402(g) of the Surface Mining Reclamation
and Control Act of 1977 (30 U.S.C. 1232(g)) to States that have made a
certification under section 411(a) of such Act (30 U.S.C. 1240a(a)) in
which the Secretary of the Interior has concurred.
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