,,ii #aafth ,,congress #ast ,session ,s4 #abcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #cj1 #bjai,mr4 ,manchin 7for himself1 ,mr4 ,warner1 ,mr4 ,kaine1 ,mr4 ,casey1 ,mr4 ,brown1 and ,ms4 ,duckworth7 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 #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 ,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 #bjbj through #bjbd for allocation 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 7b7 ,use of funds ,funds allocated to a ,state or ,indian ,tribe under subsection 7c7 shall be used only for those projects that meet the following criteria3 7#a7 ,related to the reclamation of abandoned mine land and water ,the project is designed-- 7,a7 to achieve #a or more of the priorities stated in section #djc7;a72 or 7,b7 to be conducted on land immediately adjacent to eligible land and water 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 project1 on completion of reclamation1 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 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 #a 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 described in this subsection4 7#c7 ,location in community affected by recent decline in mining ,the project will be conducted in a community-- 7,a7 in which the economic contribution of coal mining has significantly declined due to a reduction in coal mining-related activity over the preceding #h years1 as demonstrated by employment data1 per capita income1 or other indicators of reduced economic activity attributable to the reduction2 or 7,b7 that has traditionally relied on coal mining for a substantial portion of the economy of the community4 7#d7 ,stakeholder collaboration ,the project has been-- 7,a7 the subject of project planning under subsection 7f72 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 7c7 ,allocation of funds 7#a7 ,uncertified ,states 7,a7 ,definition of ,uncertified ,state ,in this paragraph1 the term ,uncertified ,state means a ,state that-- 7i7 7,i7 has a ,state program approved under section #dje2 and 7,,ii7 has not made a certification under section #daa7;a7 in which the ,secretary has concurred2 or 7ii7 is a ,state described in section #djb7;g77#h77;,b74 7,b7 ,allocation for fiscal years #bjbj through #bjbd ,of the amount made available under subsection 7a71 the ,secretary shall allocate #aie1jjj1jjj for each of fiscal years #bjbj through #bjbd to ,uncertified ,states through a formula based on the quantity of coal historically produced in each ,uncertified ,state before ,august #c1 #aigg4 7,c7 ,reallocation of uncommitted funds 7i7 ,definition of committed 7,i7 ,in general ,in this subparagraph1 the term committed1 with respect to funds received by an ,uncertified ,state1 means that the funds-- 7aa7 have been exclusively applied to or reserved for a specific project and therefore are not available for any other purpose2 or 7bb7 have been expended or designated by the ,uncertified ,state for the completion of a project4 7,,ii7 ,inclusion ,in this subparagraph1 the term committed1 with respect to funds received by an ,uncertified ,state1 includes the use of any funds for project planning under subsection 7f74 7ii7 ,fiscal year #bjbb through #bjbd ,for each of fiscal years #bjbb through #bjbd1 the ,secretary shall reallocate in accordance with clause 7iv7 any amount available for allocation under this subsection that has not been committed to eligible projects in the preceding #b fiscal years1 among the ,uncertified ,states that have committed to eligible projects the full amount of the annual allocation of the ,uncertified ,state for the preceding fiscal year as described in clause 7iv74 7iii7 ,fiscal year #bjbe ,for fiscal year #bjbe1 the ,secretary shall reallocate in accordance with clause 7iv7 any amount available for allocation under this subsection that has not been committed to eligible projects or allocated under subparagraph 7,b71 among the ,uncertified ,states that have committed to eligible projects the full amount of the annual allocation of the ,uncertified ,state for fiscal year #bjbd4 7iv7 ,amount of reallocation ,the amount reallocated to each ,uncertified ,state under each of clauses 7ii7 and 7iii7 shall be determined by the ,secretary to reflect1 to the maximum extent practicable-- 7,i7 the proportion of unreclaimed eligible land and water the ,uncertified ,state has in the inventory maintained under section #djc7;c72 and 7,,ii7 the proportion of coal mining employment loss incurred in the ,uncertified ,state1 as determined by the ,mine ,safety and ,health ,administration1 over the #h-year period preceding the fiscal year for which the reallocation is made4 7,d7 ,supplemental funds ,funds allocated under this subsection-- 7i7 shall be in addition to1 and shall not affect1 the amount of funds distributed to ,uncertified ,states under section #dja7;f72 and 7ii7 shall not reduce any funds distributed to an ,uncertified ,state by reason of the application of section #djb7;g77#h74 7#b7 ,additional funding to ,certified ,states and ,indian ,tribes 7,a7 ,definitions ,in this paragraph1 the terms ,state and ,indian ,tribe mean a ,state or ,indian ,tribe1 as applicable1 that-- 7i7 has a ,state program approved under section #dje2 and 7ii7 has made a certification under section #daa7;a7 in which the ,secretary has concurred4 7,b7 ,allocation for fiscal years #bjbj through #bjbd ,of the amount made available under subsection 7a71 the ,secretary shall allocate #e1jjj1jjj for each of fiscal years #bjbj through #bjbd to ,states and ,indian ,tribes4 7,c7 ,application for funds 7i7 ,in general ,using the process described in section #dje7;f71 any ,state or ,indian ,tribe 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 7b74 7,d7 ,allocation of funds ,the amount of funds allocated 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 7d7 ,resolution of concerns of ,secretary2 congressional notification 7#a7 ,in general ,if the ,secretary does not agree with a ,state or ,indian ,tribe that a proposed project meets the criteria described in subsection 7b71 the ,secretary and the ,state or ,indian ,tribe shall meet and confer for a period of not more than #de days to resolve the concerns of the ,secretary4 7#b7 ,consultation ,during the period described in paragraph 7#a71 the ,secretary may consult with any appropriate ,federal agency1 including the ,appalachian ,regional ,commission1 the ,economic ,development ,administration1 and the ,bureau of ,indian ,affairs1 to assist with the resolution of the concerns4 7#c7 ,explanation to ,congress ,at the end of the period described in paragraph 7#a71 if the concerns of the ,secretary are not resolved1 the ,secretary shall submit to ,congress an explanation of the concerns4 7e7 ,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 7c77#b77;,c74 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 7f7 ,project planning and administration 7#a7 ,states 7,a7 ,in general ,a ,state or ,indian ,tribe may use not greater than #aj percent of the amounts allocated to the ,state or ,indian ,tribe under this section for project planning and the costs of administering this section4 7,b7 ,requirements for public engagement1 consultation with ,secretary ,in carrying out project planning for a proposed project1 the ,state or ,indian ,tribe1 in consultation with the ,secretary1 shall ensure public engagement at the local level1 including by-- 7i7 providing to local residents in the vicinity of the proposed project location-- 7,i7 adequate notice2 and 7,,ii7 an opportunity to submit written comments2 and 7ii7 holding not fewer than #a public meeting in a community in the vicinity of the proposed project location-- 7,i7 to provide a description of the proposed project2 and 7,,ii7 to solicit public comment4 7,c7 ,project planning requirements ,for purposes of this paragraph1 project planning may include-- 7i7 identification of eligible projects2 7ii7 updating the inventory described in section #djc7;c72 7iii7 developing project designs2 7iv7 preparing cost estimates2 7v7 collaborating with stakeholders1 including public meetings2 or 7vi7 engaging in other similar activities necessary to facilitate reclamation activities under this section4 7#b7 ,secretary ,in addition to amounts available for allocation under subsection 7a71 the ,secretary may expend1 without further appropriation1 not more than #c1jjj1jjj for the #e-;fiscal-year period beginning after the date of enactment of the ,,reclaim ,act of #bjai for staffing and other administrative expenses necessary to carry out this section4 7g7 ,prohibition on certain use of funds ,any ,state or ,indian ,tribe that uses the funds allocated to the ,state or ,indian ,tribe under this section for purposes other than for the purpose described in subsection 7a7 or for the purpose described in subsection 7f7 shall be barred from receiving any subsequent funding under this section4 7h7 ,report to ,congress ,at the end of each fiscal year for which funds are allocated under this section1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a detailed report describing-- 7#a7 the projects that have been carried out using the funds2 7#b7 the community and economic benefits that are resulting1 or are expected to result1 from the use of the funds2 and 7#c7 the reduction since the previous report in the inventory described in section #djc7;c74 4 7b7 ,clerical amendment ,the table of contents in the first section of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7,public ,law #ie-hg2 #ia ,stat4 #dde2 #ajd ,stat4 #achh-big7 is amended by adding at the end of the items relating to title ,,iv the following3 ,sec4 #dae4 ,remining incentives4,sec4 #daf4 ,abandoned mine land economic revitalization4 4 #c4 ,technical and conforming amendments 7a7 ,abandoned ,mine ,reclamation ,fund and purposes ,section #dja 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 #daf 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 #daf4 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 fifth sentence1 by striking ,on and inserting the following3 7,b7 ,projects ,on 2 7#b7 in the fourth sentence1 by striking ,the ,secretary shall compile and inserting the following3 7#d7 ,inventory 7,a7 ,in general ,the ,secretary shall compile 2 7#c7 in the third sentence1 by striking ,the ,secretary shall provide and inserting the following3 7#c7 ,assistance ,the ,secretary shall provide 2 7#d7 in the second sentence1 by striking ,under and inserting the following3 7#b7 ,amendments 7,a7 ,in general ,under 2 7#e7 in the first sentence1 by striking ,for and inserting the following3 7#a7 ,in general ,for 2 7#f7 in paragraph 7#a7 7as so designated7-- 7,a7 by striking which meet and inserting that meet any of2 and 7,b7 by striking paragraphs 7#a7 and 7#b7 of2 7#g7 in paragraph 7#b7 7as so designated71 by adding at the end the following3 7,b7 ,advanced technologies ,a ,state or ,indian ,tribe offering amendments under subparagraph 7,a71 shall1 if practicable1 offer the amendments based on the use of remote sensing1 global positioning systems1 and other advanced technologies4 2 and 7#h7 in paragraph 7#d7 7as so designated71 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 #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;,a77 is amended by striking 8#c1jjj1jjj0 and inserting 8#e1jjj1jjj04