,i #aafth ,,congress #ast ,session ,h4 ,r4 #baef ,,in ,,the ,,house ,,of ,,representatives ,april #i1 #bjai,mr4 ,cartwright 7for himself1 ,mr4 ,rogers of ,kentucky1 ,mr4 ,beyer1 and ,mr4 ,thompson of ,pennsylvania7 introduced the following bill2 which was referred to the ,committee on ,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 #bjai or the ,,reclaim ,act of #bjai 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 ,purpose ,the purpose of this section is to promote economic revitalization1 diversification1 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 #c1 #aigg4 7b7 ,in general ,from amounts deposited into the fund under section #dja7;b7 before ,october #a1 #bjjg1 and not otherwise appropriated to the extent such funds are available1 #bjj1jjj1jjj shall be made available to the ,secretary1 without further appropriation1 for each of fiscal years #bjbj through #bjbd for distribution to ,states and ,indian tribes in accordance with this section for reclamation and restoration projects at sites identified as priorities under section #djc7;a73 ,provided1 ,that if less than #bjj1jjj1jjj is available in any fiscal year to the ,secretary1 such remaining amount shall be made available to the ,secretary1 without further appropriation1 and such fiscal year shall end distributions made available under this section4 7c7 ,use of funds ,funds distributed to a ,state or ,indian tribe under subsection 7d7 shall be used only for projects classified under the priorities of section #djc7;a7 that meet the following criteria3 7#a7 ,contribution to future economic or community development 7,a7 ,in general ,the project1 upon completion of reclamation1 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 conducted4 7,b7 ,demonstration of conditions ,such conditions are demonstrated by-- 7i7 documentation of the role of the project in such area's economic development strategy or other economic and community development planning process2 7ii7 any other documentation 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 any other documentation agreed to by the ,state or ,indian tribe that demonstrates the project will meet the criteria set forth in this subsection4 7#b7 ,location in economically distressed community affected by recent decline in mining 7,a7 ,in general ,the project will be conducted in a community-- 7i7 that has been adversely affected economically by a recent reduction in coal mining related activity1 as demonstrated by employment data1 per capita income1 or other indicators of economic distress2 or 7ii7 7,i7 that has historically relied on coal mining for a substantial portion of its economy2 and 7,,ii7 in which the economic contribution of coal mining has significantly declined4 7,b7 ,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 publication4 ,the ,secretary shall publish such evidence or analysis in the ,federal ,register within #cj days after receiving such submission4 7#c7 ,stakeholder collaboration 7,a7 ,in general ,the project has been the subject of project planning under subsection 7g7 and has been the focus of collaboration1 including partnerships1 as appropriate1 with interested persons or local organizations4 7,b7 ,public notice ,as part of project planning-- 7i7 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 site2 and 7ii7 the ,state or ,indian tribe published notice of such meetings in local newspapers of general circulation1 on the ,internet1 and by any other means considered desirable by the ,secretary4 7,c7 ,electronic notification ,the ,state or ,indian tribe established a way for interested persons to receive electronically all public notices issued under subparagraph 7,b7 and any written declarations submitted to the ,secretary under paragraph 7#e74 7#d7 ,eligible applicants ,the project has been proposed by entities of ,state1 local1 county1 or tribal governments1 or local organizations1 and will be approved and executed by ,state or tribal programs1 approved under section #dje or referred to in section #djb7;g77#h77;,b71 which may include subcontracting project-related activities1 as appropriate4 7#e7 ,waiver ,if the ,state or ,indian tribe-- 7,a7 cannot provide documentation described in paragraph 7#a77;,b7 for a project conducted under a priority stated in paragraph 7#a7 or 7#b7 of section #djc7;a71 or 7,b7 is unable to meet the requirements under paragraph 7#b71 the ,state or ,indian tribe shall submit a written declaration to the ,secretary requesting an exemption from the requirements of those subparagraphs4 ,the declaration must explain why achieving favorable conditions for economic or community development at the project site is not practicable1 or why the requirements of paragraph 7#b7 cannot be met1 and that sufficient funds distributed annually under section #dja are not available to implement the project4 ,such request for an exemption is deemed to be approved1 except the ,secretary shall deny such request if the ,secretary determines the declaration to be substantially inadequate4 ,any denial of such request shall be resolved at the ,state's or ,indian tribe's request through the procedures described in subsection 7e74 7d7 ,distribution of funds 7#a7 ,uncertified ,states 7,a7 ,in general ,from the amount made available in subsection 7b71 the ,secretary shall distribute #aie1jjj1jjj annually for each of fiscal years #bjbj through #bjbd to ,states and ,indian tribes that have a ,state or tribal 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 ,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 #c1 #aigg4 7ii7 ,one-fifth of such amount shall be distributed based on the proportion of reclamation fees paid during the period of fiscal years #bjab through #bjaf for lands in each ,state or lands of each ,indian tribe concerned4 7,b7 ,supplemental funds ,funds distributed under this section-- 7i7 shall be in addition to1 and shall not affect1 the amount of funds distributed-- 7,i7 to ,states and ,indian tribes under section #dja7;f72 and 7,,ii7 to ,states and ,indian tribes that have made a certification under section #daa7;a7 in which the ,secretary has concurred1 subject to the cap described in section #djb7;i77#c72 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 ,from the amount made available in subsection 7b71 the ,secretary shall distribute #e1jjj1jjj annually for each of the five fiscal years beginning with fiscal year #bjbj to ,states and ,indian tribes that have a ,state program approved under section #dje and have made a certification under section #daa7;a7 in which the ,secretary has concurred4 7,b7 ,application for funds ,using the process 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 ,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 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 section4 7#c7 ,reallocation of uncommitted funds 7,a7 ,committed defined ,for purposes of this paragraph the term committed-- 7i7 means that funds received by the ,state or ,indian tribe-- 7,i7 have been exclusively applied to or reserved for a specific project and therefore are not available for any other purpose2 or 7,,ii7 have been expended or designated by the ,state or ,indian tribe for the completion of a project2 7ii7 includes use of any amount for project planning under subsection 7g72 and 7iii7 reflects an acknowledgment by ,congress that1 based on the documentation required under subsection 7c77#b77;,b71 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 section4 7,b7 ,fiscal years #bjbc and #bjbd ,for each of fiscal years #bjbc and #bjbd1 the ,secretary shall reallocate in accordance with subparagraph 7,d7 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 their annual allocation for the preceding fiscal year4 7,c7 ,fiscal year #bjbe ,for fiscal year #bjbe1 the ,secretary shall reallocate in accordance with subparagraph 7,d7 any amount available for distribution under this subsection that has not been committed to eligible projects or distributed under paragraph 7#a77;,a71 among the ,states and ,indian tribes that have committed to eligible projects the full amount of their annual allocation for the preceding fiscal years4 7,d7 ,amount of reallocation ,the amount reallocated to each ,state or ,indian tribe under each of subparagraphs 7,b7 and 7,c7 shall be determined by the ,secretary to reflect1 to the extent practicable-- 7i7 the proportion of unreclaimed eligible lands and waters the ,state or ,indian tribe has in the inventory maintained under section #djc7;c72 7ii7 the average of the proportion of reclamation fees paid for lands in each ,state or lands of each ,indian tribe concerned2 and 7iii7 the proportion of coal mining employment loss incurred in the ,state or on lands of the ,indian tribe1 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 7e7 ,resolution of ,secretary's concerns2 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 tribe shall meet and confer for a period of not more than #de days to resolve the ,secretary's concerns1 except that such period may be shortened by the ,secretary if the ,secretary's concerns are resolved2 7#b7 during that period1 at the ,state's or ,indian tribe's request1 the ,secretary may consult with any appropriate ,federal agency2 and 7#c7 at the end of that period1 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 section4 7f7 ,acid mine drainage treatment 7#a7 ,in general ,subject to paragraph 7#b71 a ,state or ,indian tribe that receives funds under this section may use up to #cj percent of such funds as necessary to supplement the ,state's or tribe's acid mine drainage abatement and treatment fund 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 ,a ,state or ,indian tribe shall specify the total funds allotted for such costs in its application submitted under subsection 7d77#b77;,b74 7#b7 ,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 #dja7;f71 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 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 its annual distribution under this section for project planning and the costs of administering this section4 7,b7 ,planning requirements ,planning under this paragraph may include-- 7i7 identifying eligible projects2 7ii7 updating the inventory referred to in section #djc7;c72 7iii7 developing project designs2 7iv7 collaborating with stakeholders1 including public meetings2 7v7 preparing cost estimates2 or 7vi7 engaging in other similar activities necessary to facilitate reclamation activities under this section4 7#b7 ,secretary ,the ,secretary may expend1 from amounts made available to the ,secretary under section #djb7;g77#c77;,d71 not more than #c1jjj1jjj during the fiscal years for which distributions occur under subsection 7b7 for staffing and other administrative expenses necessary to carry out this section4 7h7 ,report to ,congress ,the ,secretary shall provide to the ,committee on ,natural ,resources of the ,house of ,representatives1 the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 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-- 7#a7 on the various projects that have been undertaken with such funds2 7#b7 the extent and degree of reclamation using such funds that achieved the priorities described in paragraph 7#a7 or 7#b7 of section #djc7;a72 7#c7 the community and economic benefits that are resulting from1 or are expected to result from1 the use of the funds that achieved the priorities described in paragraph 7#c7 of section #djc7;a72 and 7#d7 the reduction since the previous report in the inventory referred to in section #djc7;c74 7i7 ,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 expenditures1 as made eligible by section #djd1 and for the purposes authorized under subsections 7f7 and 7g71 shall be barred from receiving any subsequent funding under this section4 4 7b7 ,clerical amendment ,the table of contents in the first section of the ,surface ,mining ,control and ,reclamation ,act of #aigg is amended by adding at the end of the items relating to title ,,iv the following3 ,sec4 #daf4 ,abandoned mine land economic revitalization4 4 #c4 ,technical and conforming amendments ,the ,surface ,mining ,control and ,reclamation ,act of #aigg is amended-- 7#a7 in section #dja7;c7 7#cj ,u4,s4,c4 #abca7;c771 by striking and after the semicolon at the end of paragraph 7#aj71 by redesignating paragraph 7#aa7 as paragraph 7#ab71 and by inserting after paragraph 7#aj7 the following3 7#aa7 to implement section #daf2 and 2 7#b7 in section #dja7;d77#c7 7#cj ,u4,s4,c4 #abca7;d77#c771 by striking subsection 7f7 and inserting subsection 7f7 and section #daf7;a72 7#c7 in section #djb7;g7 7#cj ,u4,s4,c4 #abcb7;g77-- 7,a7 in paragraph 7#a71 by inserting and section #daf after subsection 7h72 and 7,b7 by adding at the end of paragraph 7#c7 the following3 7,f7 ,for the purpose of section #daf7;d77#b77;,a74 2 and 7#d7 in section #djc7;c7 7#cj ,u4,s4,c4 #abcc7;c771 by inserting after the second sentence the following3 ,as practicable1 ,states and ,indian tribes shall offer such amendments based on the use of remote sensing1 global positioning systems1 and other advanced technologies44 #d4 ,minimum ,state payments ,section #djb7;g77#h77;,a7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;g77#h77 is amended by striking #c1jjj1jjj and inserting #e1jjj1jjj4 #e4 ,,gao study of use of funds ,not later than two years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall study and report to the ,congress on uses of funds authorized by this ,act1 including regarding-- 7#a7 the solvency of the ,abandoned ,mine ,reclamation ,fund2 and 7#b7 the impact of such use on payments and transfers under the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja7 to-- 7,a7 ,states for which a certification has been made under section #daa of such ,act 7#cj ,u4,s4,c4 #abda72 7,b7 ,states for which such a certification has not been made2 and 7,c7 transfers to ,united ,mine ,workers of ,america ,combined ,benefit ,fund4 #f4 ,payments to certified ,states not affected ,nothing in this ,act shall be construed to reduce or otherwise affect payments under section #djb7;g7 of the ,surface ,mining ,reclamation and ,control ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;g77 to ,states that have made a certification under section #daa7;a7 of such ,act 7#cj ,u4,s4,c4 #abdj;a7a77 in which the ,secretary of the ,interior has concurred4