[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5308 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5308

  To amend the Surface Mining Control and Reclamation Act of 1977 to 
   modify requirements relating to transfers from the Abandoned Mine 
               Reclamation Fund, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2004

Mr. Costello (for himself, Mr. Shimkus, Mr. Rahall, Mr. Whitfield, Mrs. 
 Capito, Ms. Hart, Mr. Boucher, Mr. Holden, and Mr. LaHood) introduced 
  the following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Surface Mining Control and Reclamation Act of 1977 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. 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) United mine workers of america combined 
                benefit fund.--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) United mine workers of america 1992 benefit 
                plan.--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) Multiemployer health benefit plan.--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) Availability of funds for next fiscal year.--
                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) Rate of contributions of obligors.--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>