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 The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...

and U.S. House of Representatives on March 27, 2017 by Senator

Mitch McConnell Addison Mitchell McConnell III (born February 20, 1942) is an American politician and retired attorney serving as the senior United States senator from Kentucky and the Senate minority leader since 2021. Currently in his seventh term, McConn ...

(R-KY) and Representative

Hal Rogers Harold Dallas Rogers (born December 31, 1937) is an American lawyer and politician serving his 21st term as the U.S. representative for , having served since 1981. He is a member of the Republican Party. Upon Don Young's death in 2022, Rogers ...

(R-KY-5). The bill authorizes the use of funds generated by

Surface Mining Control and Reclamation Act of 1977 The Surface Mining Control and Reclamation Act of 1977 (SMCRA) is the primary federal law that regulates the environmental effects of coal mining in the United States. SMCRA created two programs: one for regulating active coal mines and a second ...

(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 by Senator Manchin (D-WV) and on April 9, 2019 as by Representative Cartwright (D-PA).

Background

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. Shortly after SMCRA was established, the United States Department of Interior created the

Office of Surface Mining Reclamation and Enforcement The Office of Surface Mining Reclamation and Enforcement (OSMRE) is a branch of the United States Department of the Interior. It is the federal agency entrusted with the implementation and enforcement of the Surface Mining Control and Reclamati ...

(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. In addition, the agency has been charged with the administration of

Abandoned Mine Land An abandoned mine is a mine or quarry which is no longer producing or operational and, there is no responsible party to finance the cost to address the remediation and/or restoration of the mine feature/site. Terms and definitions vary though the ...

(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.

Provisions

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) (of 30 USC 1233) 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. 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 Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virgini ...

Illinois Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Roc ...

Pennsylvania Pennsylvania (; (Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, Ma ...

and

West Virginia West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the ...

Legislative history

Reactions

The bill has generated support from a broad coalition of interests groups, such as Appalachian grassroots organizations, religious organizations, and environmentalist groups. 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. Industry groups have lobbied against the bill, arguing that the Abandoned Mines Lands (AML) funds should not be diverted from their original purpose. The

National Mining Association The National Mining Association (NMA) is a United States trade organization that lists itself as the voice of the mining industry in Washington, D.C. NMA was formed in 1995, and has more than 300 corporate members. History The National Mining As ...

has stated broader opposition to the administration of AML funds. The

Heritage Foundation The Heritage Foundation (abbreviated to Heritage) is an American conservative think tank based in Washington, D.C. that is primarily geared toward public policy. The foundation took a leading role in the conservative movement during the pre ...

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.

References

{{reflist Proposed legislation of the 114th United States Congress Proposed legislation of the 115th United States Congress Proposed legislation of the 116th United States Congress Proposed legislation of the 117th United States Congress United States proposed federal financial legislation Coal mining in the United States Mining law and governance