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RECLAIM Act

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The RECLAIM Act (Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act) was simultaneously introduced in the U.S. Senate and U.S. House of Representatives on March 27, 2017 by Senator Mitch McConnell (R-KY) and Representative Hal Rogers (R-KY-5).[1] The bill authorizes the use of funds generated by Surface Mining Control and Reclamation Act of 1977 (SMCRA) to be invested in communities adversely affected by the cessation of mining operations in the area.

A revised version was introduced April 30, 2019 as S. 1232 by Senator Manchin (D-WV)[2] and on April 9, 2019 as H.R. 2156 by Representative Cartwright (D-PA).[3]

PEABODY COAL COMPANY STRIP MINE, SOUTH OF COLSTRIP - NARA - 549167

Background

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The RECLAIM Act was preceded by and amends the SMCRA, which was enacted in 1977 to decrease the amount of coal dust in downstream water resources and other mining operations that are harmful to wildlife.[4] Shortly after SMCRA was established, the United States Department of Interior created the Office of Surface Mining Reclamation and Enforcement (OSMRE) agency to enforce the law. OSMRE's purview includes protecting wildlife, restoring abandoned mines, and making sure the regulations for surface coal mining are complied with.[5]

In addition, the agency has been charged with the administration of Abandoned Mine Land (AML) Reclamation Fund. Under the RECLAIM Act, extra AML funds will be disbursed over the next five years, giving up to $1 billion to help clean up and restore abandoned mines and foster economic development.[6]

Provisions

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RECLAIM Act spending by state

Section 416 amends the SMCRA by adding a section at the end of the bill that appropriates $200,000,000 for five fiscal years. This money is to be used by U.S. states and Indian tribes 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." The appropriated funds can only be used for certain priority projects. The project must meet the requirements of sections 403(a)[7] (of 30 USC 1233[8]) and 416(c) of the RECLAIM Act. Section 416(c) states that upon completion of the project, the reclamation should have created conditions for favorable development or conditions for the general welfare through development of communities. This section of the bill, the appropriations section, states that 30 percent of funds can be used for acid mine drainage treatment, 10 percent for project planning and administration and no more than 50 percent can be used for abandoned mine lands reclamation and restoration.

The money is divided among states by a formula, with 80% weight on the amount of coal mined from each State or Indian tribe before August 3, 1977, and 20% weight on reclamation fees paid from 2012 through 2016.[9] The RECLAIM Act's stated goal is to help "economically distressed mining communities... adversely affected by coal mining carried out before August 3, 1977," and much of the targeted support goes to Kentucky, Illinois, Pennsylvania and West Virginia..

Legislative history

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Congress Short title Bill number(s) Date introduced Sponsor(s) # of cosponsors Latest status
114th Congress RECLAIM Act of 2016 H.R. 4456 February 3, 2016 Hal Rogers

(R-KY)

27 Died in committee
S. 3532 December 8, 2016 Joe Manchin

(D-WV)

4 Died in committee
115th Congress RECLAIM Act of 2017 H.R. 1731 March 27, 2017 Hal Rogers

(R-KY)

40 Died in committee
S. 728 March 27, 2017 Mitch McConnell

(R-KY)

1 Died in committee
S. 738 March 27, 2017 Joe Manchin

(D-WV)

5 Died in committee
116th Congress RECLAIM Act of 2019 S. 1232 April 30, 2019 Joe Manchin

(D-WV)

6 Died in committee
H.R. 2156 April 9, 2019 Matt Cartwright

(D-PA)

65 Died in committee
117th Congress RECLAIM Act of 2021 H.R. 1733 March 10, 2021 Matt Cartwright

(D-PA)

57 Referred to committee
S. 1455 April 29, 2021 Joe Manchin

(D-WV)

4 Referred to committee

Reactions

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The bill has generated support from a broad coalition of interests groups, such as Appalachian grassroots organizations,[10][11] religious organizations,[12] and environmentalist groups.[13] The organizations argue that the bill will revitalize the economies of communities that were traditionally reliant upon coal mining. Polling in Eastern Kentucky suggests that Appalachian support for the bill is not limited to lobbying groups, approximately 89% of voters support this bill.[14]

Industry groups have lobbied against the bill, arguing that the Abandoned Mines Lands (AML) funds should not be diverted from their original purpose.[15][16] The National Mining Association has stated broader opposition to the administration of AML funds.[17]

The Heritage Foundation argues it is a poor use of money, deregulation would be better, and the AML fees should be allowed to expire at the end of 2021.[18]

References

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  1. ^ Mitch, McConnell (27 March 2017). "Text - S.728 - 115th Congress (2017-2018): RECLAIM Act of 2017". www.congress.gov.
  2. ^ Manchin, Joe (2019-04-30). "S.1232 - 116th Congress (2019-2020): RECLAIM Act of 2019". www.congress.gov. Retrieved 2020-06-16.
  3. ^ Cartwright, Matt (2019-10-04). "H.R.2156 - 116th Congress (2019-2020): Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act of 2019". www.congress.gov. Retrieved 2020-06-16.
  4. ^ "Surface Mining Control and Reclamation Act". NPS.gov. National Park Service. Retrieved 16 March 2018.
  5. ^ "What We Do". Office of Surface Mining Reclamation and Enforcement. U.S. Department of Interior. Retrieved 16 March 2018.
  6. ^ McConnell, Mitch; Rogers, Hal (2017-04-04). "Reclaim Act represents massive environmental and economic revitalization of Appalachia". The Hill. Retrieved 16 March 2018.
  7. ^ "Public Law 95-87". August 3, 1977.
  8. ^ "30 USC 1233".
  9. ^ Cartwright, Matt (2019-10-04). "Sec. 416(d) H.R.2156RECLAIM Act of 2019". www.congress.gov. Retrieved 2020-06-16.
  10. ^ Perumal, Nikita and Jacob Mack-Boll (October 24, 2017). "KFTC members travel to D.C. to lobby for the RECLAIM Act". Kentuckians For The Commonwealth. Retrieved 2018-03-16.
  11. ^ "RECLAIM Act". POWER+ For The People. Retrieved 2018-04-24.
  12. ^ Catholic Committee of Appalachia; et al. (December 8, 2017). "RECLAIM Act Letter From Faith-Based Groups to Congressional Leadership".
  13. ^ "RECLAIM Act advocates meet with Congressional offices - WORC". WORC. 2017-11-16. Retrieved 2018-04-24.
  14. ^ "Strong Public Support for RECLAIM Act in Eastern Kentucky - Institute for Energy Economics & Financial Analysis". Institute for Energy Economics & Financial Analysis. 2016-09-27. Retrieved 2018-03-16.
  15. ^ "Energy Policy Task Force: March 5, 2018 - National Mining Association". National Mining Association. 2018-03-05. Retrieved 2018-03-16.
  16. ^ Loris, Nicolas. "The RECLAIM Act Won't Help Coal Communities—Rolling Back Regulations Will". The Heritage Foundation. Retrieved 2018-03-16.
  17. ^ Dickson, Rebecca (2017-06-26). "Lobbying fight erupts over coal country bill". The Hill. Retrieved 2018-03-16.
  18. ^ Loris, Nicolas. "The RECLAIM Act Won't Help Coal Communities—Rolling Back Regulations Will". The Heritage Foundation. Retrieved 2020-06-16.
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