Sec. 302. Local revenue replenishment
780 words·~4 min read·
/bill/117/s/2085/is/section-302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term eligible county means a county in which— a coal mine or coal power plant is located that, after the date of enactment of this Act, ceases to produce coal or electric power for a period of not less than 180 days; and as of the date of enactment of this Act, not less than 0.1 percent of all jobs are at coal mines or coal power plants, as determined by the Secretary. The term eligible Tribal government means a Tribal government in the Indian country of which— a coal mine or coal power plant is located that, after the date of enactment of this Act, ceases to produce coal or electric power for a period of not less than 180 days; and as of the date of enactment of this Act, not less than 0.1 percent of all jobs are at coal mines or coal power plants, as determined by the Secretary.
The term Indian country has the meaning given the term in section 1151 of title 18, United States Code. The term local revenue replenishment amount , with respect to an eligible county or eligible Tribal government, means an amount equal to the applicable percentage of the lost revenue amount for the applicable 12-month period. For purposes of subparagraph (A), the term applicable percentage means an amount (not less than zero), expressed as a percentage, equal to— for the first 12-month period following the month in which the applicable coal mine or coal power plant ceased all economic activity, 100 percent; and for each subsequent 12-month period following the 12-month period referred to in clause (i), the applicable percentage for the preceding 12-month period minus 10 percentage points.
The term lost revenue amount , with respect to an eligible county or eligible Tribal government, means the amount of revenue lost by the eligible county or eligible Tribal government during a 12-month period due to the cessation of production of coal or electric power at the applicable coal mine or coal power plant, including revenue lost by subgovernmental entities within the eligible county or eligible Tribal government, such as school districts and towns, as determined in accordance with subsection (b)(2).
The term Secretary means the Secretary of the Treasury. The term Tribal government means the governing body of a federally recognized Indian Tribe (as defined in section 151.2 of title 25, Code of Federal Regulations). On request of an eligible county or eligible Tribal government submitted to the Office of Energy Veterans Assistance established under section 301 for a 12-month period, the Secretary shall pay to the eligible county or eligible Tribal government the local revenue replenishment amount applicable to the 12-month period.
For purposes of subsection (a)(3), the eligible county or eligible Tribal government may estimate the lost revenue amount for the applicable 12-month period. Not later than 90 days after the last day of the applicable 12-month period, the eligible county or eligible Tribal government shall submit to the Secretary for verification documentation demonstrating the actual lost revenue amount for the eligible county or eligible Tribal government. If the actual lost revenue amount for a 12-month period is greater than or less than the lost revenue amount estimated under subparagraph
(A)for that period, the Secretary shall increase or decrease, as applicable, the payment made to the eligible county or eligible Tribal government under paragraph
(1)for the succeeding 12-month period to reflect the difference. Payments made to eligible counties or eligible Tribal governments under this section shall supplement (and not supplant) other Federal funding made available to eligible counties or eligible Tribal governments. Payments to eligible counties and eligible Tribal governments made under this section shall be made as direct payments and not as Federal financial assistance. Not later than 90 days after the date on which an eligible county or an eligible Tribal government receives a payment under this section, the eligible county or eligible Tribal government shall— publicly report any amounts the eligible county or eligible Tribal government has claimed on behalf of any subgovernmental entity in estimating the lost revenue amount for that payment under subsection (b)(2)(A); and certify to the Secretary that any such amounts have been transferred to the subgovernmental entity. If an eligible county or eligible Tribal government fails to comply with the requirements of paragraph
(1)by the deadline described in that paragraph, the eligible county or eligible Tribal government shall not be eligible for future payments under this section. There is appropriated to the Secretary to carry out this section, out of any funds in the Treasury not otherwise appropriated, $3,500,000,000 for each of fiscal years 2022 through 2031, to remain available until expended.