II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. RECLAMATION FEE. 

4 (a) RATES.—Section 402(a) of the Surface Mining 

5 Control and Reclamation Act of 1977 (30 U.S.C. 1232(a)) 

6 is amended—
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1 (1) by striking ‘‘35 cents per ton’’ and inserting 

2 ‘‘28 cents per ton’’; 

3 (2) by striking ‘‘15 cents per ton’’ and inserting 

4 ‘‘12 cents per ton’’; and 

5 (3) by striking ‘‘10 cents per ton’’ and inserting 

6 ‘‘8 cents per ton’’. 

7 (b) ESTABLISHMENT OF RATES BY REGULATION.—

8 Section 402(b) of the Surface Mining Control and Rec9 lamation Act of 1977 (30 U.S.C. 1232(b)) is amended by 

10 striking ‘‘September 30, 2004, after which time the fee 

11 shall be established at a rate to continue to provide for 

12 the deposit referred to in subsection (h) of this section’’ 

13 and inserting ‘‘September 30, 2019. After that date, the 

14 Secretary shall, by regulation, establish the fee at a rate 

15 sufficient to provide for the transfers required under sub16 section (h)’’. 

17 SEC. 2. TRANSFERS OF FUNDS. 

18 Section 402(h) of the Surface Mining Control and 

19 Reclamation Act of 1977 (30 U.S.C. 1232(h)) is amended 

20 to read as follows: 

21 ‘‘(h) TRANSFERS OF INTEREST EARNED BY FUND.—

22 ‘‘(1) IN GENERAL.—The Secretary shall, as of 

23 the beginning of each fiscal year beginning on or 

24 after October 1, 2004, and before making any allo25 cation with respect to the fiscal year under sub-
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1 section (g), use an amount not to exceed the amount 

2 of interest that the Secretary estimates will be 

3 earned and paid to the fund during the fiscal year 

4 to make the transfers described in paragraph (2). 

5 ‘‘(2) TRANSFERS DESCRIBED.—The transfers 

6 referred to in paragraph (1) are the following: 

7 ‘‘(A) A transfer to the United Mine Work8 ers of America Combined Benefit Fund, in an 

9 amount equal to the difference between—

10 ‘‘(i) the amount that the trustees of 

11 the Combined Benefit Fund estimate will 

12 be expended from the premium accounts 

13 maintained by the Combined Benefit Fund 

14 for the fiscal year of the fund in which the 

15 transfer is made; minus 

16 ‘‘(ii) the amount the trustees of the 

17 Combined Benefit Fund estimate the Com18 bined Benefit Fund will receive during 

19 such fiscal year in required health benefit 

20 premiums. 

21 ‘‘(B) A transfer to the United Mine Work22 ers of America 1992 Benefit Plan, in an 

23 amount equal to the difference between—

24 ‘‘(i) the amount that the trustees of 

25 the 1992 Benefit Plan estimate will be ex-
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1 pended from the 1992 Benefit Plan during 

2 the next calendar year to provide the bene3 fits required by the 1992 Benefit Plan on 

4 the date of enactment of this subpara5 graph; minus 

6 ‘‘(ii) the amount that the trustees of 

7 the 1992 Benefit Plan estimate the 1992 

8 Benefit Plan will receive during such cal9 endar year in required monthly per bene10 ficiary premiums, including the amount of 

11 any security provided to the 1992 Benefit 

12 Plan that is available for use in the provi13 sion of benefits. 

14 ‘‘(C) A transfer to the multiemployer 

15 health benefit plan established after July 20, 

16 1992, by the parties that are the settlors of the 

17 1992 Benefit Plan referred to in subparagraph 

18 (B), in an amount equal to the difference be19 tween—

20 ‘‘(i) the amount that the trustees of 

21 the multiemployer health benefit plan esti22 mate will be expended from such plan dur23 ing the next calendar year, to provide ben24 efits no greater than those provided by 
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1 such plan on the date of enactment of this 

2 subparagraph; minus 

3 ‘‘(ii) the amount of income that such 

4 trustees estimate such plan will receive 

5 during such calendar year. 

6 ‘‘(3) ADJUSTMENT.—If, for any fiscal year, the 

7 amount of a transfer under subparagraph (A), (B), 

8 or (C) of paragraph (2) is more or less than the 

9 amount required to be transferred under that sub10 paragraph, the Secretary shall appropriately adjust 

11 the amount transferred under that subparagraph for 

12 the next fiscal year. 

13 ‘‘(4) ADDITIONAL AMOUNTS.—

14 ‘‘(A) PREVIOUSLY CREDITED INTEREST.—

15 Notwithstanding any other provision of law, any 

16 interest credited to the fund that has not pre17 viously been transferred to the Combined Ben18 efit Fund referred to in paragraph (2)(A) under 

19 this section shall be used—

20 ‘‘(i) to transfer to the Combined Ben21 efit Fund such amounts as are estimated 

22 by the trustees of the Combined Benefit 

23 Fund to offset the amount of any deficit in 

24 net assets in the Combined Benefit Fund; 

25 and 
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1 ‘‘(ii) to the extent any such interest 

2 remains after the transfer under clause (i), 

3 to make the transfers described in sub4 paragraphs (A), (B), and (C) of paragraph 

5 (2). 

6 ‘‘(B) PREVIOUSLY ALLOCATED

7 AMOUNTS.—All amounts allocated under sub8 section (g)(2), including interest, before the 

9 date of enactment of this subparagraph for the 

10 program set forth under section 406, but not 

11 appropriated prior to such date, shall be avail12 able to the Secretary to make the transfers de13 scribed in paragraph (2). 

14 ‘‘(5) LIMITATIONS.—

15 ‘‘(A) The Secretary may make transfers 

16 under subparagraphs (B) and (C) of paragraph 

17 (2) for a fiscal year only if the Secretary deter18 mines, using actuarial projections provided by 

19 the trustees of the Combined Benefit Fund re20 ferred to in paragraph (2)(A), that amounts 

21 will be available under paragraph (1), after 

22 such transfer, for the next fiscal year for mak23 ing the transfer under paragraph (2)(A). 

24 ‘‘(B) A transfer under paragraph (2)(C) 

25 shall not be made for a fiscal year unless the 
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1 persons that are obligated to contribute to the 

2 plan referred to in paragraph (2)(C) on the 

3 date of the transfer are obligated to make such 

4 contributions at rates that are no less than 

5 those in effect on the date of enactment of this 

6 subparagraph.’’

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