[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.''
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