,,ii #aaeth ,,congress #ast ,session ,s4 #gch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bg1 #bjag,mr4 ,manchin 7for himself1 ,mr4 ,brown1 ,mr4 ,kaine1 ,mr4 ,casey1 and ,mr4 ,warner7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,surface ,mining ,control and ,reclamation ,act of #aigg to provide funds to ,states and ,indian tribes for the purpose of promoting economic revitalization1 diversification1 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 #c1 #aigg1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,revitalizing the ,economy of ,coal ,communities by ,leveraging ,local ,activities and ,investing ,more ,act of #bjag or the ,,reclaim ,act of #bjag 4 #b4 ,economic revitalization for coal country 7a7 ,in general ,title ,,iv of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca et seq47 is amended by adding at the end the following3 #daf4 ,abandoned mine land economic revitalization 7a7 ,definition of committed ,in this section3 7#a7 ,in general ,the term committed means that a ,state or ,indian tribe receiving funds under this section has executed a project agreement with an applicant for the funds4 7#b7 ,inclusion ,the term committed includes1 with respect to a project agreement1 any amount used for project planning under subsection 7g74 7b7 ,authorization ,of the amounts deposited in the fund under section #dja7;b7 before ,october #a1 #bjjg1 and not otherwise appropriated1 #bjj1jjj1jjj shall be available to the ,secretary1 without further appropriation1 for each of fiscal years #bjah through #bjbb for distribution to ,states and ,indian tribes in accordance with this section for the purpose of promoting economic revitalization1 diversification1 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 #c1 #aigg4 7c7 ,use of funds ,funds distributed to a ,state or ,indian tribe under subsection 7d7 shall be used only for those projects that meet the following criteria3 7#a7 ,related to the reclamation of abandoned mine land and waters ,the project is designed-- 7,a7 to achieve one or more of the priorities stated in section #djc7;a72 or 7,b7 to be conducted on land adjacent to eligible land and waters described in section #djc7;a7 that has previously been remediated or will be remediated under this section4 7#b7 ,contribution to future economic or community development 7,a7 ,in general ,the project is reasonably likely to create favorable conditions1 as demonstrated in accordance with subparagraph 7,b71 for the economic development of the project site or promote the general welfare through economic and community development of the area in which the project is conducted4 7,b7 ,demonstration of conditions ,the conditions referred to in subparagraph 7,a7 may be demonstrated by any documentation-- 7i7 of the role of the project in the economic development strategy or other economic and community development planning process of the applicable area2 7ii7 of the planned economic and community use of the project site after the primary reclamation activities are completed1 which may include contracts1 agreements in principle1 or other evidence that1 once reclaimed1 the site is reasonably anticipated to be used for one or more industrial1 commercial1 residential1 agricultural1 or recreational purposes2 or 7iii7 agreed to by the ,state or ,indian tribe that demonstrates the project will meet the criteria set forth in this subsection4 7#c7 ,location in community affected by recent decline in mining ,the project will be conducted in a community-- 7,a7 that has been adversely affected economically by a reduction in coal mining-related activity over the preceding #e years1 as demonstrated by employment data1 per capita income1 or other indicators of reduced economic activity attributable to the reduction2 or 7,b7 7i7 that has traditionally relied on coal mining for a substantial portion of the economy of the community2 and 7ii7 in which the economic contribution of coal mining has significantly declined4 7#d7 ,stakeholder collaboration ,the project has been-- 7,a7 the subject of project planning under subsection 7g72 and 7,b7 the focus of collaboration1 including partnerships1 as appropriate1 with interested persons or local organizations4 7#e7 ,eligible applicants ,the project has been proposed and will be executed by entities of ,state1 local1 county1 or tribal government1 which may include subcontracting project-related activities1 as appropriate4 7d7 ,distribution of funds 7#a7 ,uncertified ,states 7,a7 ,in general ,of the amount made available under subsection 7b71 the ,secretary shall distribute #aie1jjj1jjj for each of fiscal years #bjah through #bjbb to ,states and ,indian tribes that have a ,state program approved under section #dje or are referred to in section #djb7;g77#h77;,b71 and have not made a certification under section #daa7;a7 in which the ,secretary has concurred1 as follows3 7i7 ,fiscal years #bjah and #bjai ,for each of fiscal years #bjah and #bjai1 the ,secretary shall allocate to each ,state and ,indian tribe the funds through a formula based on the quantity of coal historically produced in each ,state or from the land of each ,indian tribe before ,august #c1 #aigg4 7ii7 ,fiscal years #bjbj through #bjbb ,for each of fiscal years #bjbj through #bjbb1 the ,secretary shall allocate to each ,state and ,indian tribe-- 7,i7 the amount allocated to the ,state or ,indian tribe for fiscal year #bjah1 plus any amount reallocated to the ,state or ,indian tribe under this paragraph1 if the ,state or ,indian tribe has committed the full amount of the allocation of the ,state or ,indian tribe for the preceding fiscal year to eligible projects2 or 7,,ii7 if the ,state or ,indian tribe has not committed the full amount of the allocation of the ,state or ,indian tribe for the preceding fiscal year to eligible projects1 an amount equal to the lesser of-- 7aa7 the amount the ,state or ,indian tribe has committed to eligible projects from the allocation of the ,state or ,indian tribe for the preceding fiscal year2 and 7bb7 the amount allocated to the ,state or ,indian tribe for fiscal year #bjah4 7iii7 ,fiscal year #bjbc ,for fiscal year #bjbc1 the ,secretary shall allocate to each ,state and ,indian tribe the amount reallocated to the ,state or ,indian tribe under subparagraph 7,b71 if the ,state or ,indian tribe has committed the full amount of the allocation of the ,state or ,indian tribe for fiscal year #bjbb to eligible projects4 7,b7 ,reallocation of uncommitted funds 7i7 ,fiscal year #bjbj through #bjbb ,for each of fiscal years #bjbj through #bjbb1 the ,secretary shall reallocate in accordance with clause 7iii7 any amount available for distribution under this subsection that has not been committed to eligible projects in the preceding #b fiscal years1 among the ,states and ,indian tribes that have committed to eligible projects the full amount of the annual allocation of the ,state or ,indian tribe for the preceding fiscal year as described in clause 7iii74 7ii7 ,fiscal year #bjbc ,for fiscal year #bjbc1 the ,secretary shall reallocate in accordance with clause 7iii7 any amount available for distribution under this subsection that has not been committed to eligible projects or distributed under subparagraph 7,a77iii71 among the ,states and ,indian tribes that have committed to eligible projects the full amount of the annual allocation of the ,state or ,indian tribe for fiscal year #bjbb4 7iii7 ,amount of reallocation ,the amount reallocated to each ,state and ,indian tribe under each of clauses 7i7 and 7ii7 shall be determined by the ,secretary to reflect1 to the extent practicable-- 7,i7 the proportion of unreclaimed eligible land and waters the ,state or ,indian tribe has in the inventory maintained under section #djc7;c72 and 7,,ii7 the proportion of coal mining employment loss incurred in the ,state or ,indian land1 respectively1 as determined by the ,mine ,safety and ,health ,administration1 over the #e-year period preceding the fiscal year for which the reallocation is made4 7,c7 ,supplemental funds ,funds distributed under this subsection-- 7i7 shall be in addition to1 and shall not affect1 the amount of funds distributed to ,states and ,indian tribes under section #dja7;f72 and 7ii7 shall not reduce any funds distributed to a ,state or ,indian tribe by reason of the application of section #djb7;g77#h74 7#b7 ,additional funding to certain ,states and ,indian tribes 7,a7 ,eligibility ,of the amount made available under subsection 7b71 the ,secretary shall distribute #e1jjj1jjj for each of the #e fiscal years beginning in fiscal year #bjah to ,states and ,indian tribes that-- 7i7 have a ,state program approved under section #dje2 and 7ii7 7,i7 have made a certification under section #daa7;a7 in which the ,secretary has concurred2 or 7,,ii7 receive an allocation by reason of the application of section #djb7;g77#h77;,a74 7,b7 ,application for funds 7i7 ,in general ,using the process described in section #dje7;f71 any ,state or ,indian tribe described in subparagraph 7,a7 may submit a grant application to the ,secretary for funds under this paragraph4 7ii7 ,review ,the ,secretary shall review each grant application to confirm that the projects identified in the application for funding are eligible under subsection 7c74 7,c7 ,distribution of funds ,the amount of funds distributed to each ,state and ,indian tribe under this paragraph shall be determined by the ,secretary based on the demonstrated need for the funding to accomplish the purposes of this section4 7e7 ,resolution of concerns of ,secretary2 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 7c7-- 7#a7 the ,secretary and the ,state or ,indian tribe shall meet and confer for a period of not less than #cj days to resolve the concerns of the ,secretary2 7#b7 during that period1 the ,secretary may consult with any appropriate ,federal agency1 such as the ,appalachian ,regional ,commission1 the ,economic ,development ,administration1 and the ,bureau of ,indian ,affairs1 to assist with the resolution of the concerns2 and 7#c7 at the end of that period1 if the concerns of the ,secretary are not resolved the ,secretary shall provide to ,congress an explanation of the concerns4 7f7 ,acid mine drainage treatment 7#a7 ,in general ,subject to paragraph 7#c71 a ,state or ,indian tribe that receives funds under this section may retain such portion of the funds as is necessary to supplement the acid mine drainage abatement and treatment fund of the ,state or ,indian tribe established under section #djb7;g77#f77;,a71 for future operation and maintenance costs for the treatment of acid mine drainage associated with the individual projects funded under this section4 7#b7 ,application ,a ,state or ,indian tribe shall specify the total funds allotted for costs described in paragraph 7#a7 in the application of the ,state or ,indian tribe submitted under subsection 7d77#b77;,b74 7#c7 ,condition ,a ,state or ,indian tribe may retain and use funds under this subsection only if the ,state or ,indian tribe demonstrates that the annual grant distributed to the ,state or ,indian tribe pursuant to section #dja7;f71 including any interest from the acid mine drainage abatement and treatment fund of the ,state or ,indian tribe that is not used for the operation or maintenance of preexisting acid mine drainage treatment systems1 is insufficient to fund the operation and maintenance of any acid mine drainage treatment system associated with an individual project funded under this section4 7g7 ,project planning and administration 7#a7 ,states and ,indian tribes 7,a7 ,in general ,a ,state or ,indian tribe may use up to #aj percent of the amounts distributed to the ,state or ,indian tribe under this section for project planning and the costs of administering this section4 7,b7 ,planning requirements ,planning under this paragraph may include-- 7i7 identification of eligible projects2 7ii7 updating the inventory referred to in section #djc7;c72 7iii7 developing project designs2 7iv7 preparing cost estimates2 or 7v7 engaging in other similar activities necessary to facilitate reclamation activities under this section4 7#b7 ,secretary ,in addition to amounts available for distribution under subsection 7b71 the ,secretary may expend1 without further appropriation1 not more than #c1jjj1jjj for the #e fiscal years beginning after the date of enactment of the ,,reclaim ,act of #bjag for staffing and other administrative expenses necessary to carry out this section4 7h7 ,report to ,congress ,each ,state and ,indian tribe to which funds are distributed under this section shall provide to ,congress and the ,secretary at the end of each fiscal year for which the funds are distributed a detailed report on-- 7#a7 the various projects that have been undertaken with the funds2 and 7#b7 the community and economic benefits that are resulting1 or are expected to result1 from the use of the funds4 4 7b7 ,clerical amendment ,the table of contents in the first section of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 prec4 #abja7 is amended by adding at the end of the items relating to title ,,iv the following3 ,sec4 #dae4 ,remaining incentives4,sec4 #daf4 ,abandoned mine land economic revitalization4 4 #c4 ,technical and conforming amendments 7a7 ,abandoned ,mine ,reclamation ,fund and purposes ,section #dja7;c7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#aj71 by striking and at the end2 7,b7 by redesignating paragraph 7#aa7 as paragraph 7#ab72 and 7,c7 by inserting after paragraph 7#aj7 the following3 7#aa7 to implement section #daf2 and 2 and 7#b7 in subsection 7d77#c71 by inserting and section #daf7;b7 before the period at the end4 7b7 ,reclamation fee ,section #djb7;g7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;g77 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by inserting and section #daf after subsection 7h72 and 7#b7 in paragraph 7#c71 by adding at the end the following3 7,f7 ,for the purpose of section #daf7;b77#b77;,a74 4 7c7 ,objectives of ,fund ,section #djc7;c7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcc7;c77 is amended-- 7#a7 in the first sentence-- 7,a7 by striking ,for and inserting the following3 7#a7 ,in general ,for 2 7,b7 by inserting any of after which meet2 and 7,c7 by striking paragraphs 7#a7 and 7#b7 of2 7#b7 in the second sentence-- 7,a7 by striking ,under and inserting the following3 7#b7 ,amendments 7,a7 ,in general ,under 2 and 7,b7 by inserting after subparagraph 7,a7 7as so designated7 the following3 7,b7 ,advanced technologies ,as practicable1 ,states and ,indian tribes shall offer amendments described in subparagraph 7,a7 based on the use of remote sensing1 global positioning systems1 and other advanced technologies4 2 7#c7 by striking ,the ,secretary shall provide and inserting the following3 7#c7 ,assistance ,the ,secretary shall provide 2 7#d7 by striking ,the ,secretary shall compile and inserting the following3 7#d7 ,inventory 7,a7 ,in general ,the ,secretary shall compile 2 7#e7 in the last sentence by striking ,on and inserting the following3 7,b7 ,projects ,on 2 and 7#f7 by adding at the end the following3 7,c7 ,updates ,the ,secretary may perform any work necessary to amend any entry in the inventory that has not been updated by a ,state or ,indian tribe within the preceding #c years to ensure that the entry is up-to-date and accurate4 4