RECLAIM Act

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.

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

Background

The RECLAIM Act's stated goal is to help communities across the United States, but much of the targeted area of support lies in the Appalachian Mountains region (such as the U.S. states of Kentucky, Virginia, and Tennessee). 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.[2] 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.[3] In addition, the agency has been charged with the administration of Abandoned Mine Land (AML) Reclamation Fund. Under the RECLAIM Act, AML funds will be disbursed over the next five years, giving up to $1 billion to help clean up and restore abandoned mines.[4]

Provisions

Section 416 amends the SMCRA by adding a section at the end of the bill that appropriates $200,000,000 for each fiscal year from 2017 to 2021. 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)[5] (of 30 USC 1233[6]) 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.

Reactions

The bill has generated support from a broad coalition of interests groups, such as Appalachian grassroots organizations[7][8], religious organizations[9], and environmentalist groups[10][11]. 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.[12]

Industry groups have lobbied against the bill, arguing that the Abandoned Mines Lands (AML) funds should not be diverted from their original purpose.[13][14] The National Mining Association has stated broader opposition to the administration of AML funds.[15]

References

  1. ↑ Mitch, McConnell, (27 March 2017). "Text - S.728 - 115th Congress (2017-2018): RECLAIM Act of 2017". www.congress.gov.
  2. ↑ "Surface Mining Control and Reclamation Act". NPS.gov. National Park Service. Retrieved 16 March 2018.
  3. ↑ "What We Do". Office of Surface Mining Reclamation and Enforcement. U.S. Department of Interior. Retrieved 16 March 2018.
  4. ↑ McConnell, Mitch; Rogers, Hal. "Reclaim Act represents massive environmental and economic revitalization of Appalachia". The Hill. The Hill. Retrieved 16 March 2018.
  5. ↑ "Public Law 95-87". August 3, 1977.
  6. ↑ "30 USC 1233".
  7. ↑ 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.
  8. ↑ "RECLAIM Act". POWER+ For The People. Retrieved 2018-04-24.
  9. ↑ Catholic Committee of Appalachia; et al. (December 8, 2017). "RECLAIM Act Letter From Faith-Based Groups to Congressional Leadership".
  10. ↑ "SIERRA CLUB APPLAUDS SENATE INTRODUCTION OF RECLAIM ACT". Sierra Club National. 2016-09-26. Retrieved 2018-04-24.
  11. ↑ "RECLAIM Act advocates meet with Congressional offices - WORC". WORC. 2017-11-16. Retrieved 2018-04-24.
  12. ↑ "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.
  13. ↑ "Energy Policy Task Force: March 5, 2018 - National Mining Association". National Mining Association. 2018-03-05. Retrieved 2018-03-16.
  14. ↑ Loris, Nicolas. "The RECLAIM Act Won't Help Coal Communities—Rolling Back Regulations Will". The Heritage Foundation. Retrieved 2018-03-16.
  15. ↑ Dickson, Rebecca (2017-06-26). "Lobbying fight erupts over coal country bill". TheHill. Retrieved 2018-03-16.
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