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115th Congress     }                                 {  Rept. 115-351
                        HOUSE OF REPRESENTATIVES
 1st Session       }                                 {        Part 1
======================================================================



 
   REVITALIZING THE ECONOMY OF COAL COMMUNITIES BY LEVERAGING LOCAL 
               ACTIVITIES AND INVESTING MORE ACT OF 2017

                                _______
                                

  October 19, 2017.--Committed to the Whole House on the State of the 
                    Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 1731]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1731) 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, report favorably thereon with an amendment 
and recommend 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 
2017'' or the ``RECLAIM Act of 2017''.

SEC. 2. ECONOMIC REVITALIZATION FOR COAL COUNTRY.

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

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

  ``(a) Purpose.--The purpose of this section is to promote economic 
revitalization, diversification, and development in economically 
distressed mining communities through the reclamation and restoration 
of land and water resources adversely affected by coal mining carried 
out before August 3, 1977.
  ``(b) In General.--From amounts deposited into the fund under section 
401(b) before October 1, 2007, and not otherwise appropriated to the 
extent such funds are available, $200,000,000 shall be made available 
to the Secretary, without further appropriation, for each of fiscal 
years 2017 through 2021 for distribution to States and Indian tribes in 
accordance with this section for reclamation and restoration projects 
at sites identified as priorities under section 403(a): Provided, That 
if less than $200,000,000 is available in any fiscal year to the 
Secretary, such remaining amount shall be made available to the 
Secretary, without further appropriation, and such fiscal year shall 
end distributions made available under this section.
  ``(c) Use of Funds.--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--
                          ``(i) the public has been notified of the 
                        project and has been given an opportunity to 
                        comment at a public meeting convened in a 
                        community near the proposed project site; and
                          ``(ii) the State or Indian tribe published 
                        notice of such meetings in local newspapers of 
                        general circulation, on the Internet, and by 
                        any other means considered desirable by the 
                        Secretary.
                  ``(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) Uncertified states.--
                  ``(A) In general.--From the amount made available in 
                subsection (b), the Secretary shall distribute 
                $195,000,000 annually for each of fiscal years 2017 
                through 2021 to States and Indian tribes that have a 
                State or tribal program approved under section 405 or 
                are referred to in section 402(g)(8)(B), and have not 
                made a certification under section 411(a) in which the 
                Secretary has concurred, as follows:
                          ``(i) Four-fifths of such amount shall be 
                        distributed based on the proportion of the 
                        amount of coal historically produced in each 
                        State or from the lands of each Indian tribe 
                        concerned before August 3, 1977.
                          ``(ii) One-fifth of such amount shall be 
                        distributed based on the proportion of 
                        reclamation fees paid during the period of 
                        fiscal years 2012 through 2016 for lands in 
                        each State or lands of each Indian tribe 
                        concerned.
                  ``(B) Supplemental funds.--Funds distributed under 
                this section--
                          ``(i) shall be in addition to, and shall not 
                        affect, the amount of funds distributed--
                                  ``(I) to States and Indian tribes 
                                under section 401(f); and
                                  ``(II) to States and Indian tribes 
                                that have made a certification under 
                                section 411(a) in which the Secretary 
                                has concurred, subject to the cap 
                                described in section 402(i)(3); and
                          ``(ii) shall not reduce any funds distributed 
                        to a State or Indian tribe by reason of the 
                        application of section 402(g)(8).
          ``(2) Additional funding to certain states and indian 
        tribes.--
                  ``(A) Eligibility.--From the amount made available in 
                subsection (b), the Secretary shall distribute 
                $5,000,000 annually for each of the five fiscal years 
                beginning with fiscal year 2017 to States and Indian 
                tribes that have a State program approved under section 
                405 and have made a certification under section 411(a) 
                in which the Secretary has concurred.
                  ``(B) Application for funds.--Using the process in 
                section 405(f), any State or Indian tribe described in 
                subparagraph (A) may submit a grant application to the 
                Secretary for funds under this paragraph. The Secretary 
                shall review each grant application to confirm that the 
                projects identified in the application for funding are 
                eligible under subsection (c).
                  ``(C) Distribution of funds.--The amount of funds 
                distributed to each State or Indian tribe under this 
                paragraph shall be determined by the Secretary based on 
                the demonstrated need for the funding to accomplish the 
                purpose of this section.
          ``(3) Reallocation of uncommitted funds.--
                  ``(A) Committed defined.--For purposes of this 
                paragraph the term `committed'--
                          ``(i) means that funds received by the State 
                        or Indian tribe--
                                  ``(I) have been exclusively applied 
                                to or reserved for a specific project 
                                and therefore are not available for any 
                                other purpose; or
                                  ``(II) have been expended or 
                                designated by the State or Indian tribe 
                                for the completion of a project;
                          ``(ii) includes use of any amount for project 
                        planning under subsection (g); and
                          ``(iii) reflects an acknowledgment by 
                        Congress that, based on the documentation 
                        required under subsection (c)(2)(B), any 
                        unanticipated delays to commit such funds that 
                        are outside the control of the State or Indian 
                        tribe concerned shall not affect its 
                        allocations under this section.
                  ``(B) Fiscal years 2020 and 2021.--For each of fiscal 
                years 2020 and 2021, the Secretary shall reallocate in 
                accordance with subparagraph (D) any amount available 
                for distribution under this subsection that has not 
                been committed to eligible projects in the preceding 2 
                fiscal years, among the States and Indian tribes that 
                have committed to eligible projects the full amount of 
                their annual allocation for the preceding fiscal year.
                  ``(C) Fiscal year 2022.--For fiscal year 2022, the 
                Secretary shall reallocate in accordance with 
                subparagraph (D) any amount available for distribution 
                under this subsection that has not been committed to 
                eligible projects or distributed under paragraph 
                (1)(A), among the States and Indian tribes that have 
                committed to eligible projects the full amount of their 
                annual allocation for the preceding fiscal years.
                  ``(D) Amount of reallocation.--The amount reallocated 
                to each State or Indian tribe under each of 
                subparagraphs (B) and (C) shall be determined by the 
                Secretary to reflect, to the extent practicable--
                          ``(i) the proportion of unreclaimed eligible 
                        lands and waters the State or Indian tribe has 
                        in the inventory maintained under section 
                        403(c);
                          ``(ii) the average of the proportion of 
                        reclamation fees paid for lands in each State 
                        or lands of each Indian tribe concerned; and
                          ``(iii) the proportion of coal mining 
                        employment loss incurred in the State or on 
                        lands of the Indian tribe, respectively, as 
                        determined by the Mine Safety and Health 
                        Administration, over the 5-year period 
                        preceding the fiscal year for which the 
                        reallocation is made.
  ``(e) Resolution of Secretary's Concerns; Congressional 
Notification.--If the Secretary does not agree with a State or Indian 
tribe that a proposed project meets the criteria set forth in 
subsection (c)--
          ``(1) the Secretary and the State or tribe shall meet and 
        confer for a period of not more than 45 days to resolve the 
        Secretary's concerns, except that such period may be shortened 
        by the Secretary if the Secretary's concerns are resolved;
          ``(2) during that period, at the State's or Indian tribe's 
        request, the Secretary may consult with any appropriate Federal 
        agency; and
          ``(3) at the end of that period, if the Secretary's concerns 
        are not resolved the Secretary shall provide to the Committee 
        on Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate an 
        explanation of the concerns and such project proposal shall not 
        be eligible for funds distributed under this section.
  ``(f) Acid Mine Drainage Treatment.--
          ``(1) In general.--Subject to paragraph (2), a State or 
        Indian tribe that receives funds under this section may use up 
        to 30 percent of such funds as necessary to supplement the 
        State's or tribe's acid mine drainage abatement and treatment 
        fund established under section 402(g)(6)(A), for future 
        operation and maintenance costs for the treatment of acid mine 
        drainage associated with the individual projects funded under 
        this section. A State or Indian tribe shall specify the total 
        funds allotted for such costs in its application submitted 
        under subsection (d)(2)(B).
          ``(2) Condition.--A State or Indian tribe may use funds under 
        this subsection only if the State or tribe can demonstrate that 
        the annual grant distributed to the State or tribe pursuant to 
        section 401(f), including any interest from the State's or 
        tribe's acid mine drainage abatement and treatment fund that is 
        not used for the operation or maintenance of preexisting acid 
        mine drainage treatment systems, is insufficient to fund the 
        operation and maintenance of any acid mine drainage treatment 
        system associated with an individual project funded under this 
        section.
  ``(g) Project Planning and Administration.--
          ``(1) States and indian tribes.--
                  ``(A) In general.--A State or Indian tribe may use up 
                to 10 percent of its annual distribution under this 
                section for project planning and the costs of 
                administering this section.
                  ``(B) Planning requirements.--Planning under this 
                paragraph may include--
                          ``(i) identifying eligible projects;
                          ``(ii) updating the inventory referred to in 
                        section 403(c);
                          ``(iii) developing project designs;
                          ``(iv) collaborating with stakeholders, 
                        including public meetings;
                          ``(v) preparing cost estimates; or
                          ``(vi) engaging in other similar activities 
                        necessary to facilitate reclamation activities 
                        under this section.
          ``(2) Secretary.--The Secretary may expend, from amounts made 
        available to the Secretary under section 402(g)(3)(D), not more 
        than $3,000,000 during the fiscal years for which distributions 
        occur under subsection (b) for staffing and other 
        administrative expenses necessary to carry out this section.
  ``(h) Report to Congress.--The Secretary shall provide to the 
Committee on Natural Resources of the House of Representatives, the 
Committees on Appropriations of the House of Representatives and the 
Senate, and the Committee on Energy and Natural Resources of the Senate 
at the end of each fiscal year for which such funds are distributed a 
detailed report--
          ``(1) on the various projects that have been undertaken with 
        such funds;
          ``(2) the extent and degree of reclamation using such funds 
        that achieved the priorities described in paragraph (1) or (2) 
        of section 403(a);
          ``(3) the community and economic benefits that are resulting 
        from, or are expected to result from, the use of the funds that 
        achieved the priorities described in paragraph (3) of section 
        403(a); and
          ``(4) the reduction since the previous report in the 
        inventory referred to in section 403(c).
  ``(i) 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 for which a certification has been made 
                under section 411 of such Act (30 U.S.C. 1241);
                  (B) States for which such a certification has not 
                been made; and
                  (C) transfers to United Mine Workers of America 
                Combined Benefit Fund.

SEC. 6. ABANDONED MINE LAND RECLAMATION AND RESTORATION INITIATIVE.

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

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

  ``(a) In General.--The Appalachian Regional Commission may provide 
technical assistance, make grants, enter into contracts, or otherwise 
provide amounts to individuals or entities in the Appalachian region 
for projects and activities on lands, or on or in waters, that have 
been reclaimed or restored with amounts provided under title IV of the 
Surface Mining Control or Reclamation Act of 1977 (30 U.S.C. 1231 et 
seq.) or that are eligible for such reclamation or restoration.
  ``(b) Limitation on Available Amounts.--Of the cost of any activity 
eligible for a grant under this section--
          ``(1) not more than 50 percent may be provided from amounts 
        appropriated to carry out this section; and
          ``(2) notwithstanding paragraph (1)--
                  ``(A) in the case of a project to be carried out in a 
                county for which a distressed county designation is in 
                effect under section 14526, not more than 80 percent 
                may be provided from amounts appropriated to carry out 
                this section; and
                  ``(B) in the case of a project to be carried out in a 
                county for which an at-risk designation is in effect 
                under section 14526, not more than 70 percent may be 
                provided from amounts appropriated to carry out this 
                section.
  ``(c) Sources of Assistance.--Subject to subsection (b), a grant 
provided under this section may be provided from amounts made available 
to carry out this section in combination with amounts made available--
          ``(1) under any other Federal program; or
          ``(2) from any other source.
  ``(d) Federal Share.--Notwithstanding any provision of law limiting 
the Federal share under any other Federal program, amounts made 
available to carry out this section may be used to increase that 
Federal share, as the Appalachian Regional Commission determines to be 
appropriate.''.
  (b) Clerical Amendment.--The analysis for chapter 145 of title 40, 
United States Code, is amended by inserting after the item relating to 
section 14509 the following:

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

SEC. 7. HEADQUARTERS OF APPALACHIAN REGIONAL COMMISSION.

  (a) Finding.--Congress finds that--
          (1) the Delta Regional Commission, the Denali Commission, and 
        the Northern Border Regional Commission are each headquartered 
        in their respective region; and
          (2) the headquarters of the Appalachian Regional Commission 
        should be relocated from the District of Columbia to a more 
        affordable location in the Appalachian Region.
  (b) Location of Headquarters.--
          (1) In general.--Section 14301 of title 40, United States 
        Code, is amended by adding at the end the following:
  ``(g) Headquarters.--The headquarters of the Commission shall be 
located in the Appalachian Region.''.
          (2) Implementation.--The Federal Cochairman of the 
        Appalachian Regional Commission shall take such actions as may 
        be necessary to carry out the amendment made by paragraph (1).

SEC. 8. 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. 1731 is 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.

                  Background and Need for Legislation

    Title IV of the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA, 30 U.S.C. 1201 et seq.) established a system 
for the reclamation of abandoned mine lands (AML). For a site 
to qualify for the AML program, it must have been affected by 
coal mining activities prior to August 3, 1977, and 
subsequently abandoned, and there must be no responsible party 
for the reclamation of the land under State or Federal laws. 
With no liable party, the State in which an AML site is located 
becomes the de facto entity responsible for remediating the 
site. These sites pose an economic burden to States' economies, 
as well as health and environmental hazards to local 
communities.

Classifying AML Sites

     AML sites are categorized into a priority system based on 
the observed severity of their condition and the threat it 
poses. Priority 1 sites have conditions that pose an extreme 
danger to public health, safety, and property. Priority 2 sites 
are those that threaten adverse effects to public health and 
safety. Lastly, Priority 3 sites have environmental 
degradation, in either water or land resources, due to the 
adverse effects of coal mining.\1\
---------------------------------------------------------------------------
    \1\30 U.S.C. Sec. 1233(a).
---------------------------------------------------------------------------

Certified and Uncertified States

    Title IV of SMCRA also distinguishes between certified and 
uncertified States, a classification meant to indicate whether 
a State has achieved the remediation of all priorities within 
its boundaries.\2\
---------------------------------------------------------------------------
    \2\30 U.S.C. Sec. 1240a.
---------------------------------------------------------------------------
    Initially, all States with an approved reclamation program 
are deemed uncertified, but a State may seek certification from 
the Secretary of the Interior after the State has achieved 
``all of the priorities stated in section 403(a) . . . for 
eligible lands and waters.''\3\ Once certified, States may 
spend federal AML funds on the protection and restoration of 
land or water resources affected by mineral mining and 
processing practices.\4\ Unfortunately, when several States 
sought certification in the early 1980s, the breadth of AML 
sites was not fully understood, and several certified States 
have updated AML inventories with liabilities exceeding $100 
million.\5\
---------------------------------------------------------------------------
    \3\30 U.S.C. Sec. 1240a(a).
    \4\30 U.S.C. Sec. 1240a(c).
    \5\See Appendix A of this hearing memorandum for an updated list of 
outstanding, unfunded liabilities by state.
---------------------------------------------------------------------------

Abandoned Mine Reclamation Fund and Costs of AML Sites

    Title IV of SMCRA established a funding mechanism for 
associated reclamation activities, known as the Abandoned Mine 
Land Fund (AML Fund), which is supported by a fee on every ton 
of coal produced.\6\ Expenditures from the AML Fund are subject 
to appropriation. Because the amounts appropriated from the AML 
have been less than the fees collected, there is currently a 
balance in the AML Fund estimated by the Congressional Budget 
Office to be $2.4 billion as of October, 2017. At the end of 
Fiscal Year (FY) 2017, the AML Fund was predicted to have a 
cumulative total of $11.2 billion.\7\
---------------------------------------------------------------------------
    \6\30 U.S.C. Sec. 1232.
    \7\OSM, Fiscal Year 2017 Budget Justification, at 118, available at 
https://www.doi.gov/sites/doi.gov/files/uploads/
FY2017_OSM_Budget_Justification.pdf.
---------------------------------------------------------------------------
    Although the AML Fund has been in existence for nearly 40 
years and collected over $10 billion in fees, much work remains 
to be done. On top of the $4 billion in completed projects, the 
Secretary of the Interior currently estimates outstanding and 
unfunded liabilities in excess of $10.5 billion.

Need for Reclamation in Coal Communities

    Coal communities are struggling to rebuild after enduring 
significant job losses in the coal fields due to a recent 
downturn in the industry. Numerous coal producing counties are 
experiencing high rates of unemployment and are seeking to 
invest in job-creating economic development projects.
    AML liabilities threaten the health and safety of nearby 
communities and hamper opportunities for further development. 
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.

RECLAIM Act of 2017

    This bill addresses outstanding AML issues while also 
encouraging the reinvigoration of the economies of depressed 
coal communities by accelerating the release of $1 billion from 
the remaining, unappropriated balance in the AML Fund. 
Reclaiming abandoned mines near coal communities impacted by 
both AMLs and the recent decrease in coal mining paves the way 
for the economic revitalization of these communities. The 
monies authorized to be spent by this bill are limited to 
reclamation work alone. Community partnerships would be 
leveraged for the economic after-projects.

                      Section-by-Section Analysis

    Section 1 provides the short title for the Act, the 
``Revitalizing the Economy of Coal Communities by Leveraging 
Local Activities and Investing More Act of 2017'' or the 
``RECLAIM Act of 2017''.
    Section 2 adds a Section 416, Abandoned Mine Land Economic 
Revitalization, to Title IV of SMCRA. 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.
    Subsection (b) provides the Secretary of the Interior with 
$200 million annually for each of FYs 2017 to 2021 for 
distribution to States to meet the purposes outlined in section 
(a).
    Subsection (c) specifies that funding distributed to States 
and Indian tribes used to carry out reclamation projects on 
Priority 1, 2 and 3 sites must be intended to create favorable 
conditions for economic development in the surrounding area. 
Economic development can include industrial, commercial, 
residential, agricultural, and recreational activities, 
including activities related to forestry and fisheries.
    Eligible project applicants include State, local, county, 
or tribal entities, and project-related activities may be 
subcontracted in a manner consistent with State practices for 
existing AML program activities. These projects must be 
conducted in areas that have been adversely affected by a 
recent reduction in coal mining-related activity or in 
communities that have historically relied on coal mining for a 
substantial portion of their economy and in which the economic 
contribution of coal mining has significantly declined. 
Evidence used to determine the location of projects must be 
submitted to the Secretary for publication in the Federal 
Register.
    Each project applicant must engage in appropriate project 
planning and can collaborate with outside persons or 
organizations. The House Natural Resources Committee envisions 
relevant stakeholders could include non-governmental 
organizations, other State agencies, or impacted private 
citizens; however, not all would need to necessarily be 
consulted for a project proposal to proceed. Many States 
already engage in consultation when considering current AML 
projects and activities, and the Committee expects States would 
adapt their existing practices for RECLAIM Act project 
selection. No collaborative activities by outside persons or 
organizations will be eligible for RECLAIM funds.
    The public must be notified during the project planning 
process and be given the opportunity to comment at public 
meetings near proposed project sites. Notice of such meetings 
must be published in local newspapers and on the Internet. 
States and Indian tribes must also establish a way for 
interested persons to receive these public notices 
electronically, as well as waiver requests submitted under this 
subsection.
    States and Indian tribes may request to waive the 
requirements to document any planned economic development 
activities that will take place after the completion of a 
reclamation project executed under this section. They may also 
seek to waive the project location requirements. These requests 
will be deemed approved by the Secretary, unless the Secretary 
finds the requests to be inadequate. If a request is denied, 
the State or Indian tribe can request to enter into the process 
described under subsection (e) to resolve the matter.
    This subsection requires States seeking waivers for certain 
projects to provide documentation to the Secretary explaining 
why economic development is not practicable at the site in 
question and that funds distributed annually under SMCRA 
section 401 are not available to implement the project. The 
Committee recognizes concerns articulated by the States with 
respect to limited AML funding available for both high priority 
safety and health and economic revitalization-focused projects. 
The Committee intends this provision to allow for flexibility 
as States allocate AML funding to balance health, safety and 
environmental priorities and economic revitalization 
priorities. The Committee directs the Office of Surface Mining 
Reclamation and Enforcement to accommodate these concerns.
    Subsection (d) distributes funds to States and Indian 
tribes. The Secretary shall distribute $195 million will be 
distributed to uncertified States and tribes with approved AML 
programs each year from FY 2017 to 2021.
    An additional $5 million will be available each year to 
certified States, to be distributed by the Secretary through a 
grant application process.
    During FYs 2017, 2018, and 2019, funding is allocated based 
on the distribution formula. The formula is based on historical 
coal production from uncertified States and the proportion of 
coal fees paid into the AML fund between 2012 and 2016 by the 
States or Indian tribes concerned. The Committee intends this 
to be interpreted as pertaining to uncertified States and 
Indian tribes. Certified states will not be receiving monies 
under this distribution formula. A State's recent payments 
proportion will be calculated by finding the ratio between the 
sum of an uncertified State's contribution between the years 
2012 and 2016 and the total contributions of all uncertified 
States during the same timeframe. Certified States 
contributions shall not be considered when making this 
calculation.
    During FYs 2020 through 2021, if a State or tribe has fully 
committed the funding it received in FYs 2017, 2018, and 2019 
to projects, it will receive the same amount it received in 
those years for each of FY 2020 through 2021 (if it has fully 
committed its allocation in each year). It will also have an 
opportunity to apply for additional funding through the 
reallocation process explained below. This process will award 
additional funding to States and tribes based on their unmet 
reclamation needs, the amount they paid into the AML Fund, and 
coal mining employment losses. If a State or tribe has not 
fully committed the funding it received in the previous fiscal 
year, then it will receive either the amount it has committed 
to projects in that previous year, or the amount it received in 
FY17 (whichever amount is lesser).
    During FY 2022, each State or Indian tribe that has 
committed the full amount of its FY 2021 allocation to projects 
is eligible for a reallocation or ``bonus payment'' in FY 2022. 
These payments will be awarded from the pot of funds that 
remain uncommitted from all previous fiscal years. The 
reallocation process is described below.
    This subsection also provides for the reallocation of 
unused funds. This provision is intended to incentivize States 
and tribes to execute project agreements and to use the funding 
they are granted under this section in a timely manner. It will 
also ensure that funding allocated under this section is used 
for its intended purposes. By reallocating unused funds to 
States and tribes, the program offers them the opportunity of a 
bonus payment (if funds are available) as a reward for using 
their funds for eligible projects. This process will allow for 
the efficient reclamation of as much abandoned mine land as 
possible during the life of the program. The reallocation 
process is summarized here:
    During FYs 2020 through 2021, States and tribes will lose 
any funding that they have not committed to projects from their 
FYs 2017, 2018, and 2019 allocation. The Secretary will 
redistribute unused funding to States and tribes that have 
fully utilized their funding allocations in FYs 2020 and 2021 
through an application process. For eligible States and tribes, 
this section essentially provides them with an opportunity to 
apply for ``bonus payments'' on top of the direct allocation 
they receive from the Secretary. To remain eligible for bonus 
payments, a State or tribe must commit its full allocation from 
the previous year to projects.
    During FY 2022, the Secretary will award ``bonus payments'' 
to States and tribes that have committed all of the funding 
allotted to them in FY 2021 for projects, provided that funds 
are available. Funds will be available for these bonus payments 
if there are funds that remain uncommitted from previous fiscal 
years.
    The amount to be reallocated to States and Indian tribes 
will be based on the amount of unmet reclamation needs in their 
inventory, the amount the State or Indian tribe paid into the 
AML Fund, and the proportion of recent coal mining employment 
loss incurred in the State or tribe, based on Mine Safety and 
Health Administration's coal employment data.
    This subsection defines the term ``committed'' to mean that 
funds received by the State or Indian tribe have been reserved 
for a specific project or have been expended or designated for 
the completion of a project.
    Subsection (e) requires the Secretary to engage with the 
relevant State or Indian tribe if the Secretary determines that 
a selected project does not meet the criteria specified in the 
bill. This process will take place before a project is rejected 
by the Secretary, and is intended to assist States and tribes 
in making their preferred projects eligible for the program. 
This process can take no longer than 45 days from the moment 
problems are identified with the project in question. If a 
project must be rejected, the Secretary will provide Congress 
with an explanation for the rejection.
    Subsection (f) authorizes States and Indian tribes to use 
up to 30% of the AML funds received under this section to be 
used for the treatment of acid mine drainage problems. If a 
State or tribe can demonstrate that its current acid mine 
drainage funding allocation is insufficient, it may use funding 
from this program to remedy existing acid mine drainage 
problems. As with any other project funded through this 
program, if a State or tribe executes a project agreement to 
use funding provided under this section for acid mine drainage 
work, then it will be considered ``committed'' for purposes of 
reallocation.
    Subsection (g) allows States and tribes to designate up to 
10% of their distribution for project planning and 
administrative purposes. During project planning, the State or 
Indian tribe should identify eligible projects, update the 
inventory of abandoned mine sites, develop project designs, 
prepare cost estimates, and engage in other similar activities 
necessary to facilitate the reclamation of these lands and 
waters.
    Subsection (h) 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 and the resulting economic and 
community benefits.
    Subsection (i) 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. This section ensures that States 
cannot use funding dispersed under this section directly for 
economic development purposes. These restrictions apply only to 
Section 416, as added by this bill. This section is not 
intended to alter or modify any other sections of SMCRA.
    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 includes language raising the cap on minimum 
State payments under Section 402 of SMCRA from $3 million to $5 
million per year. Currently, if a State does not receive at 
least $3 million from the AML program annually, additional 
funds are distributed to that State to equal $3 million.
    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 Abandoned Mine 
Reclamation 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 clarifies that Appalachian Regional Commission 
(ARC) funds appropriated by Congress can be used for economic 
and community development projects on AML land.
    Section 7 requires the Federal Co-chairs of ARC to develop 
a plan to move the ARC headquarters from Washington, D.C. to a 
location in Appalachia.
    Section 8 clarifies that this Act will not, in any way, 
reduce funding to certified States.

                            Committee Action

    H.R. 1731 was introduced on March 27, 2017, by Congressman 
Harold Rogers (R-KY). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Energy and Mineral Resources. The bill was additionally 
referred to the Committee on Transportation and Infrastructure. 
On April 5, 2017, the Subcommittee held a hearing on the bill. 
On June 22, 2017, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Congresswoman Liz Cheney (R-WY) offered an amendment 
designated 013; it was adopted by voice vote. Congressman Glenn 
Thompson (R-PA) offered an amendment designated #1; it was 
adopted by voice vote. Congressman Donald S. Beyer, Jr. (D-VA) 
offered an amendment designated 002; it was adopted by voice 
vote. Congressman A. Donald McEachin (D-VA) offered and 
withdrew an amendment designated 003. No further amendments 
were offered, and the bill, as amended, was ordered favorably 
reported to the House of Representatives by voice vote on June 
27, 2017.

            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) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 6, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1731, the RECLAIM 
Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                             Mark P. Hadley
                                        For Keith Hall, (Director).
    Enclosure.

H.R. 1731--RECLAIM Act of 2017

    Summary: H.R. 1731 would require the Secretary of the 
Interior to disburse $200 million a year through 2021 from the 
Abandoned Mine Reclamation fund to certain states and tribes. 
Those amounts would be in addition to amounts that will already 
be distributed from that fund to state and tribes under current 
law. The bill also would increase the minimum payment each 
eligible state would receive each year from $3 million to $5 
million. CBO estimates that enacting H.R. 1731 would increase 
direct spending by $1.04 billion over the 2018-2027 period; 
therefore, pay-as-you-go procedures apply. Enacting the bill 
would not affect revenues.
    CBO also estimates it would cost $2 million over the 2018-
2022 period to move the headquarters of the Appalachian 
Regional Commission (ARC), as directed in the bill. Such 
spending would be subject to the availability of appropriated 
funds.
    CBO estimates that enacting H.R. 1731 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 1731 would impose no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 1731 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year, in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2018    2019    2020    2021    2022    2023    2024    2025    2026    2027   2018-2022  2018-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              INCREASES IN DIRECT SPENDING
 
Estimated Budget Authority........................     224     224     224     224      24      24      24      24      24      24       920      1,040
Estimated Outlays.................................      80     156     200     224     168      92      48      24      24      24       828      1,040
 
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level.....................       2       0       0       0       0       0       0       0       0       0         2          2
Estimated Outlays.................................       2       0       0       0       0       0       0       0       0       0         2          2
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1731 will be enacted near the beginning of fiscal year 2018 and 
that the necessary amounts will be appropriated that year. 
Estimated outlays are based on historical spending patterns for 
programs.

Background

    The Surface Mining Control and Reclamation Act (SMCRA) of 
1977 established the Abandoned Mine Lands (AML) program to 
reclaim abandoned coal mines throughout the United States. 
Under that act, coal producers were charged fees based on the 
amount of coal they produced each year. Those fees were 
deposited in the Abandoned Mine Reclamation Fund (or AML fund) 
and made available, subject to appropriation, to fund grants to 
states and tribes to perform reclamation activities. Because 
the annual amount of fees collected exceeded the amounts the 
Congress appropriated from the fund, unappropriated balances in 
the fund grew to more than $1.3 billion by 2007.
    The SMCRA Amendments Act of 2006 authorized the Secretary 
to continue to collect fees from coal producers through 2021 
and allowed the Secretary to spend, without further 
appropriation, 80 percent of the fees collected each year plus 
amounts necessary to ensure a minimum annual payment to 
eligible states of $3 million. Any remaining funds were 
available, subject to appropriation, for the Office of Surface 
Mining, Reclamation, and Enforcement (OSMRE) to administer the 
AML program. Following enactment of the SMCRA Amendments Act, 
balances in the AML fund continued to accumulate as the full 
amounts allocated to states and tribes were not immediately 
spent and the amounts appropriated were less than the amounts 
available for that purpose.
    CBO estimates that the balance in the AML fund at the 
beginning of fiscal year 2018 will total $2.4 billion. Over the 
2018-2027 period, we estimate that net spending from the fund, 
after accounting for fee deposits that will occur over the 
2018-2021 period, will reduce that balance to about $1.4 
billion by 2027; the remaining balances will be spent after 
2027 under current law. In making those calculations, CBO did 
not include amounts appropriated from the fund to cover OSMRE's 
administrative costs because such spending would require future 
Congressional action.

Direct spending

    H.R. 1731 would direct the Secretary to disburse a total of 
$800 million through 2021 from the AML fund to states and 
tribes with abandoned coal mines within their jurisdictions. 
Those amounts would be in addition to payments that states and 
tribes will receive from the fund under current law.
    The bill also would increase the minimum annual payment 
that each eligible state would receive from $3 million to $5 
million. Based on information regarding historical payments to 
states and tribes, and CBO's estimates of fee collections over 
the 2018-2021 period, CBO expects that 13 states would receive 
the new minimum payment, and we estimate that providing those 
payments would cost $240 million over the 2018-2027 period. Two 
of those states currently receive payments greater than $3 
million.
    In total, CBO estimates that enacting H.R. 1731 would 
increase direct spending from the AML fund by $1.04 billion 
over the 2018-2027 period. Because those amounts will be spent 
under current law after 2027, CBO also estimates that enacting 
the bill would reduce direct spending by a similar amount in 
the years following 2027.

Spending subject to appropriation

    H.R. 1731 would require the ARC to relocate its 
headquarters from the District of Columbia to somewhere in the 
Appalachian region. According to the ARC, moving the 
headquarters would require breaking the Commission's current 
lease and moving or reacquiring large pieces of office 
equipment. Based on an analysis of information from the ARC on 
the cost of those activities, CBO estimates that moving the 
ARC's headquarters would cost $2 million over the 2018-2022 
period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

          CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 1731 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON JUNE 27, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2018   2019   2020   2021   2022   2023   2024   2025   2026   2027  2018-2022  2018-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact..............................     80    156    200    224    168     92     48     24     24     24       828      1,040
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 1731 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would benefit state, local, and 
tribal governments by authorizing federal funds for surface 
mining reclamation and environmental restoration projects. Any 
costs incurred by those entities would result from complying 
with conditions of federal assistance.
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: Jon Sperl; Impact on the 
private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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.

                           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.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of 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 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         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 italic, 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 31.5 
cents per ton of coal produced by surface coal mining and 13.5 
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 9 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
                                  (I) 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 Health Benefits for 
                                Miners Act of 2017 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; and
                                  (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), 
                                would be denied or reduced as a 
                                result of a bankruptcy 
                                proceeding commenced in 2012 or 
                                2015.
                        For purposes of subclause (I), a 
                        beneficiary enrolled in the Plan as of 
                        the date of the enactment of the Health 
                        Benefits for Miners Act of 2017 shall 
                        be deemed to have been eligible to 
                        receive health benefits under the Plan 
                        on January 1, 2017.
                          (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.
                  (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 $490,000,000.
                  (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.
          (4) 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.

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SEC. 416. ABANDONED MINE LAND ECONOMIC REVITALIZATION.

  (a) Purpose.--The purpose of this section is to promote 
economic revitalization, diversification, and development in 
economically distressed mining communities through the 
reclamation and restoration of land and water resources 
adversely affected by coal mining carried out before August 3, 
1977.
  (b) In General.--From amounts deposited into the fund under 
section 401(b) before October 1, 2007, and not otherwise 
appropriated to the extent such funds are available, 
$200,000,000 shall be made available to the Secretary, without 
further appropriation, for each of fiscal years 2017 through 
2021 for distribution to States and Indian tribes in accordance 
with this section for reclamation and restoration projects at 
sites identified as priorities under section 403(a): Provided, 
That if less than $200,000,000 is available in any fiscal year 
to the Secretary, such remaining amount shall be made available 
to the Secretary, without further appropriation, and such 
fiscal year shall end distributions made available under this 
section.
  (c) Use of Funds.--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--
                          (i) the public has been notified of 
                        the project and has been given an 
                        opportunity to comment at a public 
                        meeting convened in a community near 
                        the proposed project site; and
                          (ii) the State or Indian tribe 
                        published notice of such meetings in 
                        local newspapers of general 
                        circulation, on the Internet, and by 
                        any other means considered desirable by 
                        the Secretary.
                  (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) Uncertified states.--
                  (A) In general.--From the amount made 
                available in subsection (b), the Secretary 
                shall distribute $195,000,000 annually for each 
                of fiscal years 2017 through 2021 to States and 
                Indian tribes that have a State or tribal 
                program approved under section 405 or are 
                referred to in section 402(g)(8)(B), and have 
                not made a certification under section 411(a) 
                in which the Secretary has concurred, as 
                follows:
                          (i) Four-fifths of such amount shall 
                        be distributed based on the proportion 
                        of the amount of coal historically 
                        produced in each State or from the 
                        lands of each Indian tribe concerned 
                        before August 3, 1977.
                          (ii) One-fifth of such amount shall 
                        be distributed based on the proportion 
                        of reclamation fees paid during the 
                        period of fiscal years 2012 through 
                        2016 for lands in each State or lands 
                        of each Indian tribe concerned.
                  (B) Supplemental funds.--Funds distributed 
                under this section--
                          (i) shall be in addition to, and 
                        shall not affect, the amount of funds 
                        distributed--
                                  (I) to States and Indian 
                                tribes under section 401(f); 
                                and
                                  (II) to States and Indian 
                                tribes that have made a 
                                certification under section 
                                411(a) in which the Secretary 
                                has concurred, subject to the 
                                cap described in section 
                                402(i)(3); and
                          (ii) shall not reduce any funds 
                        distributed to a State or Indian tribe 
                        by reason of the application of section 
                        402(g)(8).
          (2) Additional funding to certain states and indian 
        tribes.--
                  (A) Eligibility.--From the amount made 
                available in subsection (b), the Secretary 
                shall distribute $5,000,000 annually for each 
                of the five fiscal years beginning with fiscal 
                year 2017 to States and Indian tribes that have 
                a State program approved under section 405 and 
                have made a certification under section 411(a) 
                in which the Secretary has concurred.
                  (B) Application for funds.--Using the process 
                in section 405(f), any State or Indian tribe 
                described in subparagraph (A) may submit a 
                grant application to the Secretary for funds 
                under this paragraph. The Secretary shall 
                review each grant application to confirm that 
                the projects identified in the application for 
                funding are eligible under subsection (c).
                  (C) Distribution of funds.--The amount of 
                funds distributed to each State or Indian tribe 
                under this paragraph shall be determined by the 
                Secretary based on the demonstrated need for 
                the funding to accomplish the purpose of this 
                section.
          (3) Reallocation of uncommitted funds.--
                  (A) Committed defined.--For purposes of this 
                paragraph the term ``committed''--
                          (i) means that funds received by the 
                        State or Indian tribe--
                                  (I) have been exclusively 
                                applied to or reserved for a 
                                specific project and therefore 
                                are not available for any other 
                                purpose; or
                                  (II) have been expended or 
                                designated by the State or 
                                Indian tribe for the completion 
                                of a project;
                          (ii) includes use of any amount for 
                        project planning under subsection (g); 
                        and
                          (iii) reflects an acknowledgment by 
                        Congress that, based on the 
                        documentation required under subsection 
                        (c)(2)(B), any unanticipated delays to 
                        commit such funds that are outside the 
                        control of the State or Indian tribe 
                        concerned shall not affect its 
                        allocations under this section.
                  (B) Fiscal years 2020 and 2021.--For each of 
                fiscal years 2020 and 2021, the Secretary shall 
                reallocate in accordance with subparagraph (D) 
                any amount available for distribution under 
                this subsection that has not been committed to 
                eligible projects in the preceding 2 fiscal 
                years, among the States and Indian tribes that 
                have committed to eligible projects the full 
                amount of their annual allocation for the 
                preceding fiscal year.
                  (C) Fiscal year 2022.--For fiscal year 2022, 
                the Secretary shall reallocate in accordance 
                with subparagraph (D) any amount available for 
                distribution under this subsection that has not 
                been committed to eligible projects or 
                distributed under paragraph (1)(A), among the 
                States and Indian tribes that have committed to 
                eligible projects the full amount of their 
                annual allocation for the preceding fiscal 
                years.
                  (D) Amount of reallocation.--The amount 
                reallocated to each State or Indian tribe under 
                each of subparagraphs (B) and (C) shall be 
                determined by the Secretary to reflect, to the 
                extent practicable--
                          (i) the proportion of unreclaimed 
                        eligible lands and waters the State or 
                        Indian tribe has in the inventory 
                        maintained under section 403(c);
                          (ii) the average of the proportion of 
                        reclamation fees paid for lands in each 
                        State or lands of each Indian tribe 
                        concerned; and
                          (iii) the proportion of coal mining 
                        employment loss incurred in the State 
                        or on lands of the Indian tribe, 
                        respectively, as determined by the Mine 
                        Safety and Health Administration, over 
                        the 5-year period preceding the fiscal 
                        year for which the reallocation is 
                        made.
  (e) Resolution of Secretary's Concerns; Congressional 
Notification.--If the Secretary does not agree with a State or 
Indian tribe that a proposed project meets the criteria set 
forth in subsection (c)--
          (1) the Secretary and the State or tribe shall meet 
        and confer for a period of not more than 45 days to 
        resolve the Secretary's concerns, except that such 
        period may be shortened by the Secretary if the 
        Secretary's concerns are resolved;
          (2) during that period, at the State's or Indian 
        tribe's request, the Secretary may consult with any 
        appropriate Federal agency; and
          (3) at the end of that period, if the Secretary's 
        concerns are not resolved the Secretary shall provide 
        to the Committee on Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate an explanation of the concerns 
        and such project proposal shall not be eligible for 
        funds distributed under this section.
  (f) Acid Mine Drainage Treatment.--
          (1) In general.--Subject to paragraph (2), a State or 
        Indian tribe that receives funds under this section may 
        use up to 30 percent of such funds as necessary to 
        supplement the State's or tribe's acid mine drainage 
        abatement and treatment fund established under section 
        402(g)(6)(A), for future operation and maintenance 
        costs for the treatment of acid mine drainage 
        associated with the individual projects funded under 
        this section. A State or Indian tribe shall specify the 
        total funds allotted for such costs in its application 
        submitted under subsection (d)(2)(B).
          (2) Condition.--A State or Indian tribe may use funds 
        under this subsection only if the State or tribe can 
        demonstrate that the annual grant distributed to the 
        State or tribe pursuant to section 401(f), including 
        any interest from the State's or tribe's acid mine 
        drainage abatement and treatment fund that is not used 
        for the operation or maintenance of preexisting acid 
        mine drainage treatment systems, is insufficient to 
        fund the operation and maintenance of any acid mine 
        drainage treatment system associated with an individual 
        project funded under this section.
  (g) Project Planning and Administration.--
          (1) States and indian tribes.--
                  (A) In general.--A State or Indian tribe may 
                use up to 10 percent of its annual distribution 
                under this section for project planning and the 
                costs of administering this section.
                  (B) Planning requirements.--Planning under 
                this paragraph may include--
                          (i) identifying eligible projects;
                          (ii) updating the inventory referred 
                        to in section 403(c);
                          (iii) developing project designs;
                          (iv) collaborating with stakeholders, 
                        including public meetings;
                          (v) preparing cost estimates; or
                          (vi) engaging in other similar 
                        activities necessary to facilitate 
                        reclamation activities under this 
                        section.
          (2) Secretary.--The Secretary may expend, from 
        amounts made available to the Secretary under section 
        402(g)(3)(D), not more than $3,000,000 during the 
        fiscal years for which distributions occur under 
        subsection (b) for staffing and other administrative 
        expenses necessary to carry out this section.
  (h) Report to Congress.--The Secretary shall provide to the 
Committee on Natural Resources of the House of Representatives, 
the Committees on Appropriations of the House of 
Representatives and the Senate, and the Committee on Energy and 
Natural Resources of the Senate at the end of each fiscal year 
for which such funds are distributed a detailed report--
          (1) on the various projects that have been undertaken 
        with such funds;
          (2) the extent and degree of reclamation using such 
        funds that achieved the priorities described in 
        paragraph (1) or (2) of section 403(a);
          (3) the community and economic benefits that are 
        resulting from, or are expected to result from, the use 
        of the funds that achieved the priorities described in 
        paragraph (3) of section 403(a); and
          (4) the reduction since the previous report in the 
        inventory referred to in section 403(c).
  (i) 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.

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                              ----------                              


                      TITLE 40, UNITED STATES CODE



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SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT

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CHAPTER 143--APPALACHIAN REGIONAL COMMISSION

           *       *       *       *       *       *       *


             SUBCHAPTER I--ORGANIZATION AND ADMINISTRATION

Sec. 14301. Establishment, membership, and employees

  (a) Establishment.--There is an Appalachian Regional 
Commission.
  (b) Membership.--
          (1) Federal and state members.--The Commission is 
        composed of the Federal Cochairman, appointed by the 
        President by and with the advice and consent of the 
        Senate, and the Governor of each participating State in 
        the Appalachian region.
          (2) Alternate members.--Each state member may have a 
        single alternate, appointed by the Governor from among 
        the members of the Governor's cabinet or the Governor's 
        personal staff. The President,, shall appoint an 
        alternate for the Federal Cochairman. An alternate 
        shall vote in the event of the absence, death, 
        disability, removal, or resignation of the member for 
        whom the individual is an alternate. A state alternate 
        shall not be counted toward the establishment of a 
        quorum of the Commission when a quorum of the state 
        members is required.
          (3) Cochairmen.--The Federal Cochairman is one of the 
        two Cochairmen of the Commission. The state members 
        shall elect a Cochairman of the Commission from among 
        themselves for a term of not less than one year.
  (c) Compensation.--The Federal Cochairman shall be 
compensated by the Federal Government at level III of the 
Executive Schedule as set out in section 5314 of title 5. The 
Federal Cochairman's alternate shall be compensated by the 
Government at level V of the Executive Schedule as set out in 
section 5316 of title 5. Each state member and alternate shall 
be compensated by the State which they represent at the rate 
established by law of that State.
  (d) Delegation.--
          (1) Powers and responsibilities.--Commission powers 
        and responsibilities specified in section 14302(c) and 
        (d) of this title, and the vote of any Commission 
        member, may not be delegated to an individual who is 
        not a Commission member or who is not entitled to vote 
        in Commission meetings.
          (2) Alternate federal cochairman.--The alternate to 
        the Federal Cochairman shall perform the functions and 
        duties the Federal Cochairman delegates when not 
        actively serving as the alternate.
  (e) Executive Director.--The Commission has an executive 
director. The executive director is responsible for carrying 
out the administrative functions of the Commission, for 
directing the Commission staff, and for other duties the 
Commission may assign.
  (f) Status of Personnel.--Members, alternates, officers, and 
employees of the Commission are not federal employees for any 
purpose, except the Federal Cochairman, the alternate to the 
Federal Cochairman, the staff of the Federal Cochairman, and 
federal employees detailed to the Commission under section 
14306(a)(3) of this title.
  (g) Headquarters.--The headquarters of the Commission shall 
be located in the Appalachian Region.

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               CHAPTER 145--SPECIAL APPALACHIAN PROGRAMS

                         SUBCHAPTER I--PROGRAMS

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

SUBCHAPTER I--PROGRAMS

           *       *       *       *       *       *       *


Sec. 14510. Abandoned mine land reclamation and restoration initiative

  (a) In General.--The Appalachian Regional Commission may 
provide technical assistance, make grants, enter into 
contracts, or otherwise provide amounts to individuals or 
entities in the Appalachian region for projects and activities 
on lands, or on or in waters, that have been reclaimed or 
restored with amounts provided under title IV of the Surface 
Mining Control or Reclamation Act of 1977 (30 U.S.C. 1231 et 
seq.) or that are eligible for such reclamation or restoration.
  (b) Limitation on Available Amounts.--Of the cost of any 
activity eligible for a grant under this section--
          (1) not more than 50 percent may be provided from 
        amounts appropriated to carry out this section; and
          (2) notwithstanding paragraph (1)--
                  (A) in the case of a project to be carried 
                out in a county for which a distressed county 
                designation is in effect under section 14526, 
                not more than 80 percent may be provided from 
                amounts appropriated to carry out this section; 
                and
                  (B) in the case of a project to be carried 
                out in a county for which an at-risk 
                designation is in effect under section 14526, 
                not more than 70 percent may be provided from 
                amounts appropriated to carry out this section.
  (c) Sources of Assistance.--Subject to subsection (b), a 
grant provided under this section may be provided from amounts 
made available to carry out this section in combination with 
amounts made available--
          (1) under any other Federal program; or
          (2) from any other source.
  (d) Federal Share.--Notwithstanding any provision of law 
limiting the Federal share under any other Federal program, 
amounts made available to carry out this section may be used to 
increase that Federal share, as the Appalachian Regional 
Commission determines to be appropriate.

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[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]