I 

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. 

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

3 SECTION 1. TRANSFERS OF FUNDS. 

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

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

6 to read as follows: 

7 ‘‘(h) TRANSFERS OF INTEREST EARNED BY FUND.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall, as of 

2 the beginning of each fiscal year beginning on or 

3 after October 1, 2004, and before making any allo4 cation with respect to the fiscal year under sub5 section (g), use an amount not to exceed the amount 

6 of interest that the Secretary estimates will be 

7 earned and paid to the fund during the fiscal year 

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

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

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

11 ‘‘(A) UNITED MINE WORKERS OF AMERICA

12 COMBINED BENEFIT FUND.—A transfer to the 

13 United Mine Workers of America Combined 

14 Benefit Fund, in an amount equal to the dif15 ference between— 

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

17 the Combined Benefit Fund estimate will 

18 be expended from the premium accounts 

19 maintained by the Combined Benefit Fund 

20 for the fiscal year of the fund in which the 

21 transfer is made; minus 

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

23 Combined Benefit Fund estimate the Com24 bined Benefit Fund will receive during 
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1 such fiscal year in required health benefit 

2 premiums. 

3 ‘‘(B) UNITED MINE WORKERS OF AMERICA

4 1992 BENEFIT PLAN.—A transfer to the United 

5 Mine Workers of America 1992 Benefit Plan, in 

6 an amount equal to the difference between— 

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

8 the 1992 Benefit Plan estimate will be ex9 pended from the 1992 Benefit Plan during 

10 the next calendar year to provide the bene11 fits required by the 1992 Benefit Plan on 

12 the date of enactment of this subpara13 graph; minus 

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

15 the 1992 Benefit Plan estimate the 1992 

16 Benefit Plan will receive during such cal17 endar year in required monthly per bene18 ficiary premiums, including the amount of 

19 any security provided to the 1992 Benefit 

20 Plan that is available for use in the provi21 sion of benefits. 

22 ‘‘(C) MULTIEMPLOYER HEALTH BENEFIT

23 PLAN.—A transfer to the multiemployer health 

24 benefit plan established after July 20, 1992, by 

25 the parties that are the settlors of the 1992 
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1 Benefit Plan referred to in subparagraph (B), 

2 in an amount equal to the difference between— 

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

4 the multiemployer health benefit plan esti5 mate will be expended from such plan dur6 ing the next calendar year, to provide ben7 efits no greater than those provided by 

8 such plan on the date of enactment of this 

9 subparagraph; minus 

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

11 trustees estimate such plan will receive 

12 during such calendar year. 

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

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

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

16 amount required to be transferred under that sub17 paragraph, the Secretary shall appropriately adjust 

18 the amount transferred under that subparagraph for 

19 the next fiscal year. 

20 ‘‘(4) ADDITIONAL AMOUNTS.— 

21 ‘‘(A) PREVIOUSLY CREDITED INTEREST.— 

22 Notwithstanding any other provision of law, any 

23 interest credited to the fund that has not pre24 viously been transferred to the Combined Ben-
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1 efit Fund referred to in paragraph (2)(A) under 

2 this section shall be used— 

3 ‘‘(i) to transfer to the Combined Ben4 efit Fund such amounts as are estimated 

5 by the trustees of the Combined Benefit 

6 Fund to offset the amount of any deficit in 

7 net assets in the Combined Benefit Fund; 

8 and 

9 ‘‘(ii) to the extent any such interest 

10 remains after the transfer under clause (i), 

11 to make the transfers described in sub12 paragraphs (A), (B), and (C) of paragraph 

13 (2). 

14 ‘‘(B) PREVIOUSLY ALLOCATED

15 AMOUNTS.—All amounts allocated under sub16 section (g)(2), including interest, before the 

17 date of enactment of this subparagraph for the 

18 program set forth under section 406, but not 

19 appropriated prior to such date, shall be avail20 able to the Secretary to make the transfers de21 scribed in paragraph (2). 

22 ‘‘(5) LIMITATIONS.— 

23 ‘‘(A) AVAILABILITY OF FUNDS FOR NEXT

24 FISCAL YEAR.—The Secretary may make trans25 fers under subparagraphs (B) and (C) of para-
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1 graph (2) for a fiscal year only if the Secretary 

2 determines, using actuarial projections provided 

3 by the trustees of the Combined Benefit Fund 

4 referred to in paragraph (2)(A), that amounts 

5 will be available under paragraph (1), after 

6 such transfer, for the next fiscal year for mak7 ing the transfer under paragraph (2)(A). 

8 ‘‘(B) RATE OF CONTRIBUTIONS OF OBLI9 GORS.—A transfer under paragraph (2)(C) 

10 shall not be made for a fiscal year unless the 

11 persons that are obligated to contribute to the 

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

13 date of the transfer are obligated to make such 

14 contributions at rates that are no less than 

15 those in effect on the date of enactment of this 

16 subparagraph.’’. 

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