Amends the Surface Mining Control and Reclamation Act of 1977 to reduce reclamation fees required to be paid by operators of coal mining operations.
Revises the statutory formula under which the Secretary of the Interior is required to transfer funds from the Abandoned Mine Reclamation Fund to: (1) United Mine Workers of America Combined Benefit Fund; (2) United Mine Workers of America 1992 Benefit Plan; and (3) the multiemployer health benefit plan established after July 1991, by the parties that are settlors of the 1992 Benefit Plan.
Prescribes guidelines for transfer by the Secretary of additional amounts of previously credited interest and previously allocated amounts.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2208 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2208
To amend the Surface Mining Control and Reclamation Act of 1977 to
reduce the amounts of reclamation fees, to modify requirements relating
to transfers from the Abandoned Mine Reclamation Fund, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2004
Mr. Rockefeller (for himself, Mr. Bond, and Mr. Bunning) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Surface Mining Control and Reclamation Act of 1977 to
reduce the amounts of reclamation fees, to modify requirements relating
to transfers from the Abandoned Mine Reclamation Fund, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RECLAMATION FEE.
(a) Rates.--Section 402(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended--
(1) by striking ``35 cents per ton'' and inserting ``28
cents per ton'';
(2) by striking ``15 cents per ton'' and inserting ``12
cents per ton''; and
(3) by striking ``10 cents per ton'' and inserting ``8
cents per ton''.
(b) Establishment of Rates by Regulation.--Section 402(b) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b))
is amended by striking ``September 30, 2004, after which time the fee
shall be established at a rate to continue to provide for the deposit
referred to in subsection (h) of this section'' and inserting
``September 30, 2019. After that date, the Secretary shall, by
regulation, establish the fee at a rate sufficient to provide for the
transfers required under subsection (h)''.
SEC. 2. TRANSFERS OF FUNDS.
Section 402(h) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232(h)) is amended to read as follows:
``(h) Transfers of Interest Earned by Fund.--
``(1) In general.--The Secretary shall, as of the beginning
of each fiscal year beginning on or after October 1, 2004, and
before making any allocation with respect to the fiscal year
under subsection (g), use an amount not to exceed the amount of
interest that the Secretary estimates will be earned and paid
to the fund during the fiscal year to make the transfers
described in paragraph (2).
``(2) Transfers described.--The transfers referred to in
paragraph (1) are the following:
``(A) A transfer to the United Mine Workers of
America Combined Benefit Fund, in an amount equal to
the difference between--
``(i) the amount that the trustees of the
Combined Benefit Fund estimate will be expended
from the premium accounts maintained by the
Combined Benefit Fund for the fiscal year of
the fund in which the transfer is made; minus
``(ii) the amount the trustees of the
Combined Benefit Fund estimate the Combined
Benefit Fund will receive during such fiscal
year in required health benefit premiums.
``(B) A transfer to the United Mine Workers of
America 1992 Benefit Plan, in an amount equal to the
difference between--
``(i) the amount that the trustees of the
1992 Benefit Plan estimate will be expended
from the 1992 Benefit Plan during the next
calendar year to provide the benefits required
by the 1992 Benefit Plan on the date of
enactment of this subparagraph; minus
``(ii) the amount that the trustees of the
1992 Benefit Plan estimate the 1992 Benefit
Plan will receive during such calendar year in
required monthly per beneficiary premiums,
including the amount of any security provided
to the 1992 Benefit Plan that is available for
use in the provision of benefits.
``(C) A transfer to the multiemployer health
benefit plan established after July 20, 1992, by the
parties that are the settlors of the 1992 Benefit Plan
referred to in subparagraph (B), in an amount equal to
the difference between--
``(i) the amount that the trustees of the
multiemployer health benefit plan estimate will
be expended from such plan during the next
calendar year, to provide benefits no greater
than those provided by such plan on the date of
enactment of this subparagraph; minus
``(ii) the amount of income that such
trustees estimate such plan will receive during
such calendar year.
``(3) Adjustment.--If, for any fiscal year, the amount of a
transfer under subparagraph (A), (B), or (C) of paragraph (2)
is more or less than the amount required to be transferred
under that subparagraph, the Secretary shall appropriately
adjust the amount transferred under that subparagraph for the
next fiscal year.
``(4) Additional amounts.--
``(A) Previously credited interest.--
Notwithstanding any other provision of law, any
interest credited to the fund that has not previously
been transferred to the Combined Benefit Fund referred
to in paragraph (2)(A) under this section shall be
used--
``(i) to transfer to the Combined Benefit
Fund such amounts as are estimated by the
trustees of the Combined Benefit Fund to offset
the amount of any deficit in net assets in the
Combined Benefit Fund; and
``(ii) to the extent any such interest
remains after the transfer under clause (i), to
make the transfers described in subparagraphs
(A), (B), and (C) of paragraph (2).
``(B) Previously allocated amounts.--All amounts
allocated under subsection (g)(2), including interest,
before the date of enactment of this subparagraph for
the program set forth under section 406, but not
appropriated prior to such date, shall be available to
the Secretary to make the transfers described in
paragraph (2).
``(5) Limitations.--
``(A) The Secretary may make transfers under
subparagraphs (B) and (C) of paragraph (2) for a fiscal
year only if the Secretary determines, using actuarial
projections provided by the trustees of the Combined
Benefit Fund referred to in paragraph (2)(A), that
amounts will be available under paragraph (1), after
such transfer, for the next fiscal year for making the
transfer under paragraph (2)(A).
``(B) A transfer under paragraph (2)(C) shall not
be made for a fiscal year unless the persons that are
obligated to contribute to the plan referred to in
paragraph (2)(C) on the date of the transfer are
obligated to make such contributions at rates that are
no less than those in effect on the date of enactment
of this subparagraph.''
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
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