; congressional notification (1) In general If the Secretary does not agree with a State or Indian Tribe that a proposed project meets the criteria described in subsection (b), the Secretary and the State or Indian Tribe shall meet and confer for a period of not more than 45 days to resolve the concerns of the Secretary. (2) Consultation During the period described in paragraph (1), the Secretary may consult with any appropriate Federal agency, including the Appalachian Regional Commission, the Economic Development Administration, and the Bureau of Indian Affairs, to assist with the resolution of the concerns. (3) Explanation to Congress At the end of the period described in paragraph (1), if the concerns of the Secretary are not resolved, the Secretary shall submit to Congress an explanation of the concerns. (e) Acid mine drainage treatment (1) In general Subject to paragraph (3), 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 402(g)(6)(A), for future operation and maintenance costs for the treatment of acid mine drainage associated with the individual projects funded under this section. (2) Application A State or Indian Tribe shall specify the total funds allotted for costs described in paragraph (1) in the application of the State or Indian Tribe submitted under subsection (c)(2)(C). (3) 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 401(f), 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 systems, is insufficient to fund the operation and maintenance of any acid mine drainage treatment system associated with an