,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #fhjg ,,in ,,the ,,house ,,of ,,representatives ,september #ac1 #bjah,mr4 ,cartwright 7for himself1 ,mr4 ,lowenthal1 ,mr4 ,huffman1 ,mr4 ,ryan of ,ohio1 and ,ms4 ,tsongas7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,energy and ,commerce1 ,financial ,services1 and ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,mineral ,leasing ,act to make certain improvements in the laws relating to coal royalties1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,coal ,royalty ,fairness and ,communities ,investment ,act of #bjah4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,valuation of ,federal ,coal for ,purposes of ,royalties ,sec4 #aja4 ,valuation of coal royalties4 ,title ,,ii--,programs ,to ,reinvest in ,coal-,impacted ,communities ,sec4 #bja4 ,establishment of ,fund4 ,sec4 #bjb4 ,federal economic and workforce development assistance programs4 ,sec4 #bjc4 ,carbon capture and sequestration4 ,sec4 #bjd4 ,additional ,federal agency participation4 ,sec4 #bje4 ,definitions4 ,i ,valuation of ,federal ,coal for ,purposes of ,royalties #aja4 ,valuation of coal royalties ,section #g of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bjg7 is amended-- 7#a7 in subsection 7a71 by striking the fourth sentence2 and 7#b7 by adding at the end the following3 7d7 ,royalties 7#a7 ,definitions ,in this subsection3 7,a7 ,assessment value 7i7 ,in general ,the term assessment value1 with respect to ,federal coal1 means the gross proceeds accruing to the lessee or the affiliate of the lessee's first arm's length contract for the sale of ,federal coal4 7ii7 ,exception ,if the ,secretary cannot identify any arm's length contract for the sale of ,federal coal1 then the assessment value means a price imputed by the ,secretary based on the coal price index4 7,b7 ,arm's length contract ,the term arm's length contract means a contract1 agreement1 or transaction for the sale of ,federal coal that is between parties that are independent of each other and that are not affiliates4 7,c7 ,affiliate ,the term affiliate1 with respect to a lessee1 means a party that controls1 is controlled by1 or is under common control with the lessee1 and includes a parent or subsidiary company4 7,d7 ,coal price index ,the term coal price index means the schedule of average market prices of ,federal coal 7in ,united ,states dollars7 at final sale1 based on the quality and type of the ,federal coal1 as determined by the ,secretary1 in consultation with the ,administrator of the ,energy ,information ,administration4 7,e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#b7 ,payment rate 7,a7 ,in general ,except as provided in subparagraph 7,b71 a lease shall require payment of a royalty in such amount as the ,secretary shall determine1 which shall not be less than #ab4e percent of the assessment value of ,federal coal4 7,b7 ,exception ,in the case of ,federal coal recovered by an underground mining operation1 the ,secretary may establish such lower royalty payment rate as the ,secretary determines to be appropriate in lieu of the royalty payment rate described in subparagraph 7,a74 7#c7 ,administration 7,a7 ,reporting ,the ,secretary shall ensure that any purchaser of ,federal coal shall annually submit to the ,secretary a report containing such information as the ,secretary determines to be necessary to carry out this subsection4 7,b7 ,audits ,to carry out this subsection1 the ,secretary may examine the records of any person engaged in the purchase1 sale1 transportation1 or marketing of ,federal coal4 7#d7 ,coal price index 7,a7 ,in general ,the ,secretary shall compile in a coal price index the assessment values of coal by type and quality of coal4 7,b7 ,publication ,not less frequently than quarterly1 the ,secretary shall publish in the ,federal ,register and on a public website the coal price index1 along with a methodological description1 including-- 7i7 the method of calculation2 7ii7 the data used to calculate the coal price index in an aggregate manner that does not reveal proprietary information2 and 7iii7 any other information the ,secretary considers appropriate to ensure transparency4 7,c7 ,other information ,if a person believes that the coal price index does not accurately reflect the assessment value of the coal produced by the person1 the person may petition the ,secretary to use information supplied by the person in lieu of the coal price index for the purpose of determining the assessment value of the coal produced by such person1 including all information the ,secretary requires to accurately determine the assessment value and audit the records of the person4 7#e7 ,reviews 7,a7 ,in general ,to ensure a transparent1 fair1 and efficient administration of the ,federal coal program1 and to ensure that citizens of the ,united ,states receive a fair return on ,federal coal1 not later than #c years after the date of the enactment of this subsection and every #c years thereafter during the #ae-year period beginning on such date1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report containing the results of a review conducted by the ,comptroller ,general of the ,federal coal program1 including the administration of this subsection4 7,b7 ,consultation ,in conducting a review under this paragraph1 the ,comptroller ,general shall consult with-- 7i7 the ,secretary2 7ii7 the ,director of the ,bureau of ,land ,management2 7iii7 the ,secretary of ,transportation2 and 7iv7 the ,secretary of ,energy4 7,c7 ,inclusions ,in conducting a review under this paragraph1 the ,comptroller ,general shall review-- 7i7 the total volume of coal production from ,federal land2 7ii7 the total volume of remaining coal reserves on ,federal land2 7iii7 the total amount of revenues generated from the ,federal coal program1 itemized by type of revenue1 including lease bonus payments and royalties2 7iv7 market prices for coal2 7v7 market prices for transportation costs and any other deductible costs2 and 7vi7 the appropriateness of royalty rates4 7,d7 ,format ,the ,comptroller ,general shall report information in a review under this paragraph-- 7i7 in the aggregate for the ,united ,states2 and 7ii7 categorized by ,state for at least the top #aj ,federal coal-producing ,states1 as determined by the ,comptroller ,general4 7#f7 ,study ,the ,secretary shall seek to enter into an agreement with the ,national ,academy of ,sciences to conduct a study to determine the most equitable method for valuation of coal produced on ,federal lands for purposes of ,federal coal leases4 ,not later than #ah months after the date of the enactment of this subsection1 and every five years thereafter1 the ,secretary shall submit to ,congress a report containing the findings1 of such study4 4 ,,ii ,programs ,to ,reinvest in ,coal-,impacted ,communities #bja4 ,establishment of ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a separate account1 to be administered by the ,secretary 7acting through the ,economic ,development ,administration71 to be known as the ,coal ,area ,economic ,revitalization ,fund4 7b7 ,deposits ,of the amount of royalty revenues collected by the ,united ,states for each fiscal year from coal leases under section #g of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bjg7 7as amended by section #aja7b771 to the extent the revenues are available1 there shall be deposited in the ,coal ,area ,economic ,revitalization ,fund #ge1jjj1jjj4 7c7 ,availability of amounts 7#a7 ,in general ,subject to subsection 7d7 and notwithstanding any other provision of law1 for each fiscal year1 of the amounts deposited in the ,coal ,area ,economic ,revitalization ,fund under subsection 7b71 there shall be made available1 without further appropriation1 the following amounts3 7,a7 #gj1jjj1jjj to the ,secretary to provide grant assistance under covered programs for eligible projects1 in accordance with section #bjb4 7,b7 #e1jjj1jjj to the ,secretary of ,energy to provide funding for large-scale projects to capture and store carbon dioxide emissions from industrial sources1 in accordance with section #bjc4 7#b7 ,special rule ,if1 with respect to a fiscal year1 the amounts in the ,coal ,area ,economic ,revitalization ,fund are insufficient to carry out paragraph 7#a71 there shall be made available1 without further appropriation1 the following3 7,a7 ,to the ,secretary for the purposes described in paragraph 7#a77;,a71 #ic4ccc percent of the amounts available in the ,fund4 7,b7 ,to the ,secretary of ,energy for the purposes described in paragraph 7#a77;,b71 #f4fff percent of the amounts available in the fund4 7d7 ,administrative expenses ,a participating agency that receives funds under subsection 7c7 may not use not more than #b percent of the amount the agency receives for each fiscal year to cover the administrative expenses of the participating agency in carrying out the covered program4 7e7 ,period of availability ,the amounts deposited in the ,coal ,area ,economic ,revitalization ,fund shall remain available without fiscal year limitation until expended4 #bjb4 ,federal economic and workforce development assistance programs 7a7 ,in general ,the ,secretary1 acting through the ,economic ,development ,administration1 shall use the amounts made available under section #bja7;c77#a7 to provide grant assistance under covered programs described in subsection 7c7 for eligible projects described in subsection 7d74 7b7 ,allocation of funds for covered programs 7#a7 ,in general ,the ,secretary shall-- 7,a7 allocate amounts made available to carry out this section among the covered programs in accordance with the criteria described in paragraph 7#b72 and 7,b7 not later than #cj days after allocations are determined under subparagraph 7,a71 provide public notice of the availability of grant assistance under this section through a ,federal ,funding ,opportunity announcement4 7#b7 ,allocation criteria ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall establish and publish criteria for the allocation of amounts made available to carry out this section among the covered programs4 7c7 ,covered programs 7#a7 ,in general ,on allocation by the ,secretary of amounts from the ,coal ,area ,economic ,revitalization ,fund for a covered program under this section1 the head of the applicable participating agency shall manage grant selection 7including eligibility requirements in addition to the eligibility requirements listed in subsection 7d771 awards1 and execution of projects with respect to such amounts4 7#b7 ,terms and conditions ,except as otherwise provided in this section1 projects that receive grant assistance under this section shall be subject to the eligibility rules1 permitted activities1 and reporting requirements of the covered program under which the grant is made4 7d7 ,eligible projects 7#a7 ,project purposes ,a project shall be eligible for assistance under this section if the purpose of the project is to assist impacted communities-- 7,a7 to organize community stakeholders1 analyze and inventory community assets1 evaluate needs and resources1 or develop comprehensive economic development strategic plans2 7,b7 to undergo in-depth labor market analysis and workforce development and dislocated worker planning associated with the provision of training and employment services2 7,c7 to implement linked economic and workforce development strategies to promote local and regional economic growth2 7,d7 to accelerate job creation by leveraging local assets2 7,e7 to train and place workers in family-supporting1 high-demand jobs 7including registered apprenticeship and other on-the-job training models72 7,f7 to create linkages between community stakeholders1 economic development organization1 public and private entities1 and the labor force that drive local and regional economic growth2 or 7,g7 to carry out other purposes approved by the ,secretary4 7#b7 ,priority ,in selecting projects to receive assistance under this section1 the head of a participating agency shall-- 7,a7 give priority to project applications that establish a clear linkage between the proposed project and the means by which the project will result in local and regional economic growth and diversification1 job creation1 or job training and reemployment for dislocated workers1 without regard to any formula used by a participating agency to disburse other funds2 and 7,b7 consult directly with impacted communities to determine the greatest needs of the impacted communities and give priority to projects that address those needs4 7#c7 ,specific activities and costs to be considered ,in providing assistance under this section for projects for economic diversification1 the head of a participating agency shall give consideration for priority1 at a minimum1 to the following activities and costs3 7,a7 ,analysis activities that build from strategic economic development plans1 including-- 7i7 economic and workforce data collection2 and 7ii7 supply chain and industry cluster analysis4 7,b7 ,outreach and targeted assistance to economic development organizations1 unions1 workers1 and other stakeholders4 7,c7 ,remediation and redevelopment of coal economy sites1 as appropriate4 7,d7 ,provision of business planning and market exploration services4 7,e7 ,development of business incubator programs4 7,f7 ,facilitation of access to private capital investment and capacity building to effectively use capital investment4 7,g7 ,promotion of exports from entities in the impacted area4 7,h7 ,workforce training and dislocated worker services and supports for impacted workers4 7,i7 ,costs associated with registered apprenticeship and on-the-job training models4 7,j7 ,temporary or short-term relocation or commuting costs for available jobs in other parts of the applicable ,state or region4 7,k7 ,staffing1 operating1 and administrative costs for the recipient organization4 7,l7 ,comprehensive strategies that-- 7i7 integrate all of the activities and costs described in subparagraphs 7,a7 through 7,k72 and 7ii7 leverage other investments from the applicable participating agency and other ,federal departments and agencies4 7e7 ,coordination of activities ,the ,secretary shall-- 7#a7 provide a single staff point of ,federal contact 7with staffing assistance from other participating agencies1 as needed7 for grants awarded under this section2 and 7#b7 coordinate cross-agency activities at the regional level that direct additional ,federal resources to impacted communities4 #bjc4 ,carbon capture and sequestration ,the ,secretary of ,energy shall use the amounts made available under section #bja7;c77#b7 to provide financial assistance for the design1 construction1 and operation of large-scale projects to capture and store carbon dioxide emissions from industrial sources4 #bjd4 ,additional ,federal agency participation 7a7 ,in general ,the ,federal departments and agencies described in subsection 7b7 shall provide to impacted communities technical assistance and educational outreach to fund partnerships1 in coordination with available resources4 7b7 ,description of departments and agencies ,the ,federal departments and agencies referred to in subsection 7a7 are-- 7#a7 the ,rural ,business-,cooperative ,service of the ,department of ,agriculture2 7#b7 the ,office of ,solid ,waste and ,emergency ,response of the ,environmental ,protection ,agency2 7#c7 the ,department of ,energy2 7#d7 the ,community ,development ,financial ,institutions ,fund of the ,department of the ,treasury2 7#e7 ,select,u,s,a and the ,national ,institute of ,standards and ,technology--,manufacturing ,extension ,partnerships of the ,department of ,commerce2 7#f7 the ,corporation for ,national and ,community ,service2 and 7#g7 the ,office of ,surface ,mining ,reclamation and ,enforcement of the ,department of the ,interior4 #bje4 ,definitions ,in this title3 7#a7 ,coal economy ,the term coal economy means the complete supply chain of coal reliant industries1 including coal mining1 coal-fired power plants1 and related transportation1 logistics1 and manufacturing4 7#b7 ,covered program ,the term covered program means any of the following3 7,a7 ,the ,assistance to ,coal ,communities1 ,economic ,adjustment ,assistance1 and ,partnership ,planning program of the ,economic ,development ,administration of the ,department of ,commerce4 7,b7 ,the ,dislocated ,worker ,national ,emergency ,grants program of the ,employment and ,training ,administration of the ,department of ,labor4 7,c7 ,the ,regional ,innovation ,clusters and ,growth ,accelerators program of the ,small ,business ,administration4 7,d7 ,the ,technical ,assistance and ,demonstration ,projects program of the ,appalachian ,regional ,commission4 7#c7 ,impacted community ,the term impacted community means a community or ,indian tribe 7as such term is defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b77 in the ,united ,states that has been negatively impacted as a result of changes in the coal economy1 including a negative impact on its economy1 environment1 employment1 retirement benefits1 infrastructure1 public health1 or education4 7#d7 ,participating agency ,the term participating agency means a ,federal agency that has primary authority over a covered program4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4