202 
(2) EXPENDITURES.—For the purpose of para-
graph (1), for each of fiscal years 2016 through 
2055, expenditures under subsection (a)(2) shall be 
net of receipts from that fiscal year from any area 
in the 181 Area in the Eastern Planning Area and 
the 181 South Area. 
(3) PRO RATA REDUCTIONS.—If paragraph (1) 
limits the amount of qualified outer Continental 
Shelf revenue that would be paid under subpara-
graphs (A) and (B) of subsection (a)(2)— 
(A) the Secretary shall reduce the amount 
of qualified outer Continental Shelf revenue 
provided to each recipient on a pro rata basis; 
and 
(B) any remainder of the qualified outer 
Continental Shelf revenues shall revert to the 
general fund of the Treasury. 
TITLE 
II—SURFACE 
MINING 
CONTROL AND RECLAMATION 
ACT AMENDMENTS OF 2006 
SEC. 200. SHORT TITLE. 
This title may be cited as the ‘‘Surface Mining Con-
trol and Reclamation Act Amendments of 2006’’. 
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203 
Subtitle A—Mining Control and 
Reclamation 
SEC. 201. ABANDONED MINE RECLAMATION FUND AND 
PURPOSES. 
(a) IN GENERAL.—Section 401 of the Surface Min-
ing Control and Reclamation Act of 1977 (30 U.S.C. 
1231) is amended— 
(1) in subsection (c)— 
(A) by striking paragraphs (2) and (6); 
and 
(B) by redesignating paragraphs (3), (4), 
and (5) and paragraphs (7) through (13) as 
paragraphs (2) through (11), respectively; 
(2) by striking subsection (d) and inserting the 
following: 
‘‘(d) AVAILABILITY OF MONEYS; NO FISCAL YEAR 
LIMITATION.— 
‘‘(1) IN GENERAL.—Moneys from the fund for 
expenditures under subparagraphs (A) through (D) 
of section 402(g)(3) shall be available only when ap-
propriated for those subparagraphs. 
‘‘(2) NO FISCAL YEAR LIMITATION.—Appropria-
tions described in paragraph (1) shall be made with-
out fiscal year limitation. 
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204 
‘‘(3) OTHER
PURPOSES.—Moneys from the 
fund shall be available for all other purposes of this 
title without prior appropriation as provided in sub-
section (f).’’; 
(3) in subsection (e)— 
(A) in the second sentence, by striking 
‘‘the needs of such fund’’ and inserting ‘‘achiev-
ing the purposes of the transfers under section 
402(h)’’; and 
(B) in the third sentence, by inserting be-
fore the period the following: ‘‘for the purpose 
of the transfers under section 402(h)’’; and 
(4) by adding at the end the following: 
‘‘(f) GENERAL LIMITATION
ON OBLIGATION AU-
THORITY.— 
‘‘(1) IN
GENERAL.—From amounts deposited 
into the fund under subsection (b), the Secretary 
shall distribute during each fiscal year beginning 
after September 30, 2007, an amount determined 
under paragraph (2). 
‘‘(2) AMOUNTS.— 
‘‘(A) FOR
FISCAL
YEARS
2008
THROUGH 
2022.—For each of fiscal years 2008 through 
2022, the amount distributed by the Secretary 
under this subsection shall be equal to— 
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205 
‘‘(i) the amounts deposited into the 
fund under paragraphs (1), (2), and (4) of 
subsection (b) for the preceding fiscal year 
that were allocated under paragraphs (1) 
and (5) of section 402(g); plus 
‘‘(ii) the amount needed for the ad-
justment under section 402(g)(8) for the 
current fiscal year. 
‘‘(B) FISCAL
YEARS
2023
AND
THERE-
AFTER.—For fiscal year 2023 and each fiscal 
year thereafter, to the extent that funds are 
available, the Secretary shall distribute an 
amount equal to the amount distributed under 
subparagraph (A) during fiscal year 2022. 
‘‘(3) DISTRIBUTION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), for each fiscal year, of the 
amount to be distributed to States and Indian 
tribes pursuant to paragraph (2), the Secretary 
shall distribute— 
‘‘(i) the amounts allocated under 
paragraph (1) of section 402(g), the 
amounts allocated under paragraph (5) of 
section 402(g), and any amount reallocated 
under section 411(h)(3) in accordance with 
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206 
section 411(h)(2), for grants to States and 
Indian tribes under section 402(g)(5); and 
‘‘(ii) the amounts allocated under sec-
tion 402(g)(8). 
‘‘(B) EXCLUSION.—Beginning on October 
1, 2007, certified States shall be ineligible to 
receive amounts under section 402(g)(1). 
‘‘(4) AVAILABILITY.—Amounts in the fund 
available to the Secretary for obligation under this 
subsection shall be available until expended. 
‘‘(5) ADDITION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the amount distributed under this 
subsection for each fiscal year shall be in addi-
tion to the amount appropriated from the fund 
during the fiscal year. 
‘‘(B) 
EXCEPTIONS.—Notwithstanding 
paragraph (3), the amount distributed under 
this subsection for the first 4 fiscal years begin-
ning on and after October 1, 2007, shall be 
equal to the following percentage of the amount 
otherwise required to be distributed: 
‘‘(i) 50 percent in fiscal year 2008. 
‘‘(ii) 50 percent in fiscal year 2009. 
‘‘(iii) 75 percent in fiscal year 2010. 
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207 
‘‘(iv) 75 percent in fiscal year 2011.’’. 
(b) CONFORMING AMENDMENT.—Section 712(b) of 
the Surface Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1302(b)) is amended by striking ‘‘section 
401(c)(11)’’ and inserting ‘‘section 401(c)(9)’’. 
SEC. 202. RECLAMATION FEE. 
(a) AMOUNTS.— 
(1) FISCAL YEARS 2008–2012.—Effective Octo-
ber 1, 2007, section 402(a) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 
1232(a)) is amended— 
(A) by striking ‘‘35’’ and inserting ‘‘31.5’’; 
(B) by striking ‘‘15’’ and inserting ‘‘13.5’’; 
and 
(C) by striking ‘‘10 cents’’ and inserting 
‘‘9 cents’’. 
(2) FISCAL YEARS 2013–2021.—Effective Octo-
ber 1, 2012, section 402(a) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 
1232(a)) (as amended by paragraph (1)) is amend-
ed— 
(A) by striking ‘‘31.5’’ and inserting ‘‘28’’; 
(B) by striking ‘‘13.5’’ and inserting ‘‘12’’; 
and 
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208 
(C) by striking ‘‘9 cents’’ and inserting ‘‘8 
cents’’. 
(b) DURATION.—Effective September 30, 2007, sec-
tion 402(b) of the Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1232(b)) (as amended by sec-
tion 7007 of the Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006 (Public Law 109–234; 120 Stat. 484)) is 
amended by striking ‘‘September 30, 2007’’ and all that 
follows through the end of the sentence and inserting 
‘‘September 30, 2021.’’. 
(c) ALLOCATION OF FUNDS.—Section 402(g) of the 
Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1232(g)) is amended— 
(1) in paragraph (1)(D)— 
(A) by inserting ‘‘(except for grants award-
ed during fiscal years 2008, 2009, and 2010 to 
the extent not expended within 5 years)’’ after 
‘‘this paragraph’’; and 
(B) by striking ‘‘in any area under para-
graph (2), (3), (4), or (5)’’ and inserting 
‘‘under paragraph (5)’’; 
(2) by striking paragraph (2) and inserting: 
‘‘(2) In making the grants referred to in paragraph 
(1)(C) and the grants referred to in paragraph (5), the 
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209 
Secretary shall ensure strict compliance by the States and 
Indian tribes with the priorities described in section 
403(a) until a certification is made under section 
411(a).’’; 
(3) in paragraph (3)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘paragraphs (2) and’’ and in-
serting ‘‘paragraph’’; 
(B) in subparagraph (A), by striking 
‘‘401(c)(11)’’ and inserting ‘‘401(c)(9)’’; and 
(C) by adding at the end the following: 
‘‘(E) For the purpose of paragraph (8).’’; 
(4) in paragraph (5)— 
(A) by inserting ‘‘(A)’’ after ‘‘(5)’’; 
(B) in the first sentence, by striking ‘‘40’’ 
and inserting ‘‘60’’; 
(C) in the last sentence, by striking 
‘‘Funds allocated or expended by the Secretary 
under paragraphs (2), (3), or (4)’’ and insert-
ing ‘‘Funds made available under paragraph (3) 
or (4)’’; and 
(D) by adding at the end the following: 
‘‘(B) Any amount that is reallocated and available 
under section 411(h)(3) shall be in addition to amounts 
that are allocated under subparagraph (A).’’; and 
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210 
(5) by striking paragraphs (6) through (8) and 
inserting the following: 
‘‘(6)(A) Any State with an approved abandoned mine 
reclamation program pursuant to section 405 may receive 
and retain, without regard to the 3-year limitation re-
ferred to in paragraph (1)(D), up to 30 percent of the 
total of the grants made annually to the State under para-
graphs (1) and (5) if those amounts are deposited into 
an acid mine drainage abatement and treatment fund es-
tablished under State law, from which amounts (together 
with all interest earned on the amounts) are expended by 
the State for the abatement of the causes and the treat-
ment of the effects of acid mine drainage in a comprehen-
sive manner within qualified hydrologic units affected by 
coal mining practices. 
‘‘(B) In this paragraph, the term ‘qualified hydrologic 
unit’ means a hydrologic unit— 
‘‘(i) in which the water quality has been signifi-
cantly affected by acid mine drainage from coal min-
ing practices in a manner that adversely impacts bi-
ological resources; and 
‘‘(ii) that contains land and water that are— 
‘‘(I) eligible pursuant to section 404 and 
include any of the priorities described in section 
403(a); and 
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211 
‘‘(II) the subject of expenditures by the 
State from the forfeiture of bonds required 
under section 509 or from other States sources 
to abate and treat acid mine drainage. 
‘‘(7) In complying with the priorities described in sec-
tion 403(a), any State or Indian tribe may use amounts 
available in grants made annually to the State or tribe 
under paragraphs (1) and (5) for the reclamation of eligi-
ble land and water described in section 403(a)(3) before 
the completion of reclamation projects under paragraphs 
(1) and (2) of section 403(a) only if the expenditure of 
funds for the reclamation is done in conjunction with the 
expenditure before, on, or after the date of enactment of 
the Surface Mining Control and Reclamation Act Amend-
ments of 2006 of funds for reclamation projects under 
paragraphs (1) and (2) of section 403(a). 
‘‘(8)(A) In making funds available under this title, 
the Secretary shall ensure that the grant awards total not 
less than $3,000,000 annually to each State and each In-
dian tribe having an approved abandoned mine reclama-
tion program pursuant to section 405 and eligible land 
and water pursuant to section 404, so long as an alloca-
tion of funds to the State or tribe is necessary to achieve 
the priorities stated in paragraphs (1) and (2) of section 
403(a). 
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212 
‘‘(B) Notwithstanding any other provision of law, this 
paragraph applies to the States of Tennessee and Mis-
souri.’’. 
(d) TRANSFERS OF INTEREST EARNED BY ABAN-
DONED MINE RECLAMATION FUND.—Section 402 of the 
Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1232) is amended by striking subsection (h) and 
inserting the following: 
‘‘(h) TRANSFERS OF INTEREST EARNED BY FUND.— 
‘‘(1) IN GENERAL.— 
‘‘(A) TRANSFERS TO COMBINED BENEFIT 
FUND.—As soon as practicable after the begin-
ning of fiscal year 2007 and each fiscal year 
thereafter, and before making any allocation 
with respect to the fiscal year under subsection 
(g), the Secretary shall use an amount not to 
exceed the amount of interest that the Sec-
retary estimates will be earned and paid to the 
fund during the fiscal year to transfer to the 
Combined Benefit Fund such amounts as are 
estimated by the trustees of such fund to offset 
the amount of any deficit in net assets in the 
Combined Benefit Fund as of October 1, 2006, 
and to make the transfer described in para-
graph (2)(A). 
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213 
‘‘(B) TRANSFERS
TO
1992
AND
1993 
PLANS.—As soon as practicable after the begin-
ning of fiscal year 2008 and each fiscal year 
thereafter, and before making any allocation 
with respect to the fiscal year under subsection 
(g), the Secretary shall use an amount not to 
exceed the amount of interest that the Sec-
retary estimates will be earned and paid to the 
fund during the fiscal year (reduced by the 
amount used under subparagraph (A)) to make 
the transfers described in paragraphs (2)(B) 
and (2)(C). 
‘‘(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 equal to the amount that the 
trustees of the Combined Benefit Fund esti-
mate will be expended from the fund for the fis-
cal year in which the transfer is made, reduced 
by— 
‘‘(i) the amount the trustees of the 
Combined Benefit Fund estimate the Com-
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214 
bined Benefit Fund will receive during the 
fiscal year in— 
‘‘(I) required premiums; and 
‘‘(II) payments paid by Federal 
agencies in connection with benefits 
provided by the Combined Benefit 
Fund; and 
‘‘(ii) the amount the trustees of the 
Combined Benefit Fund estimate will be 
expended during the fiscal year to provide 
health benefits to beneficiaries who are un-
assigned beneficiaries solely as a result of 
the application of section 9706(h)(1) of the 
Internal Revenue Code of 1986, but only 
to the extent that such amount does not 
exceed the amounts described in subsection 
(i)(1)(A) that the Secretary estimates will 
be available to pay such estimated expendi-
tures. 
‘‘(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 UMWA Benefit Plan estimate 
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215 
will be expended from the 1992 UMWA 
Benefit Plan during the next calendar year 
to provide the benefits required by the 
1992 UMWA Benefit Plan on the date of 
enactment of this subparagraph; minus 
‘‘(ii) the amount that the trustees of 
the 1992 UMWA Benefit Plan estimate 
the 1992 UMWA Benefit Plan will receive 
during the next calendar year in— 
‘‘(I) required monthly per bene-
ficiary 
premiums, 
including 
the 
amount of any security provided to 
the 1992 UMWA Benefit Plan that is 
available for use in the provision of 
benefits; and 
‘‘(II) payments paid by Federal 
agencies in connection with benefits 
provided by the 1992 UMWA benefit 
plan. 
‘‘(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 
UMWA Benefit Plan referred to in subpara-
graph (B) (referred to in this subparagraph and 
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216 
subparagraph (D) as ‘the Plan’), in an amount 
equal to the excess (if any) of— 
‘‘(i) the amount that the trustees of 
the Plan estimate will be expended from 
the Plan during the next calendar year, to 
provide benefits no greater than those pro-
vided by the Plan as of December 31, 
2006; over 
‘‘(ii) the amount that the trustees es-
timated the Plan will receive during the 
next calendar year in payments paid by 
Federal agencies in connection with bene-
fits provided by the Plan. 
Such excess shall be calculated by taking into 
account only those beneficiaries actually en-
rolled in the Plan as of December 31, 2006, 
who are eligible to receive benefits under the 
Plan on the first day of the calendar year for 
which the transfer is made. 
‘‘(D) 
INDIVIDUALS
CONSIDERED
EN-
ROLLED.—For purposes of subparagraph (C), 
any individual who was eligible to receive bene-
fits from the Plan as of the date of enactment 
of this subsection, even though benefits were 
being provided to the individual pursuant to a 
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217 
settlement agreement approved by order of a 
bankruptcy court entered on or before Sep-
tember 30, 2004, will be considered to be actu-
ally enrolled in the Plan and shall receive bene-
fits from the Plan beginning on December 31, 
2006. 
‘‘(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 sub-
paragraph, 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 pre-
viously been transferred to the Combined Ben-
efit Fund referred to in paragraph (2)(A) under 
this section— 
‘‘(i) shall be held in reserve by the 
Secretary until such time as necessary to 
make the payments under subparagraphs 
(A) and (B) of subsection (i)(1), as de-
scribed in clause (ii); and 
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218 
‘‘(ii) in the event that the amounts de-
scribed in subsection (i)(1) are insufficient 
to make the maximum payments described 
in subparagraphs (A) and (B) of sub-
section (i)(1), shall be used by the Sec-
retary to supplement the payments so that 
the maximum amount permitted under 
those paragraphs is paid. 
‘‘(B) 
PREVIOUSLY
ALLOCATED 
AMOUNTS.—All amounts allocated under sub-
section (g)(2) before the date of enactment of 
this subparagraph for the program described in 
section 406, but not appropriated before that 
date, shall be available to the Secretary to make 
the transfers described in paragraph (2). 
‘‘(C) ADEQUACY
OF
PREVIOUSLY
CRED-
ITED INTEREST.—The Secretary shall— 
‘‘(i) consult with the trustees of the 
plans described in paragraph (2) at rea-
sonable intervals; and 
‘‘(ii) notify Congress if a determina-
tion is made that the amounts held in re-
serve under subparagraph (A) are insuffi-
cient to meet future requirements under 
subparagraph (A)(ii). 
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219 
‘‘(D) ADDITIONAL
RESERVE
AMOUNTS.— 
In addition to amounts held in reserve under 
subparagraph (A), there is authorized to be ap-
propriated such sums as may be necessary for 
transfer to the fund to carry out the purposes 
of subparagraph (A)(ii). 
‘‘(E) INAPPLICABILITY OF CAP.—The limi-
tation described in subsection (i)(3)(A) shall 
not apply to payments made from the reserve 
fund under this paragraph. 
‘‘(5) LIMITATIONS.— 
‘‘(A) AVAILABILITY OF FUNDS FOR NEXT 
FISCAL YEAR.—The Secretary may make trans-
fers under subparagraphs (B) and (C) of para-
graph (2) for a calendar year only if the Sec-
retary determines, using actuarial projections 
provided by the trustees of the Combined Ben-
efit Fund referred to in paragraph (2)(A), that 
amounts will be available under paragraph (1), 
after the transfer, for the next fiscal year for 
making the transfer under paragraph (2)(A). 
‘‘(B) RATE OF CONTRIBUTIONS OF OBLI-
GORS.— 
‘‘(i) IN GENERAL.— 
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220 
‘‘(I) RATE.—A transfer under 
paragraph (2)(C) shall not be made 
for a calendar 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 obli-
gated to make the contributions at 
rates that are no less than those in ef-
fect on the date which is 30 days be-
fore the date of enactment of this sub-
section. 
‘‘(II) APPLICATION.—The con-
tributions described in subclause (I) 
shall be applied first to the provision 
of benefits to those plan beneficiaries 
who are not described in paragraph 
(2)(C)(ii). 
‘‘(ii) INITIAL CONTRIBUTIONS.— 
‘‘(I) IN
GENERAL.—From the 
date of enactment of the Surface Min-
ing Control and Reclamation Act 
Amendments of 2006 through Decem-
ber 31, 2010, the persons that, on the 
date of enactment of that Act, are ob-
ligated to contribute to the plan re-
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221 
ferred to in paragraph (2)(C) shall be 
obligated, collectively, to make con-
tributions equal to the amount de-
scribed in paragraph (2)(C), less the 
amount actually transferred due to 
the operation of subparagraph (C). 
‘‘(II) FIRST CALENDAR YEAR.— 
Calendar year 2006 is the first cal-
endar year for which contributions are 
required under this clause. 
‘‘(III) AMOUNT
OF
CONTRIBU-
TION FOR 2006.—Except as provided 
in subclause (IV), the amount de-
scribed in paragraph (2)(C) for cal-
endar year 2006 shall be calculated as 
if paragraph (2)(C) had been in effect 
during 2005. 
‘‘(IV) 
LIMITATION.—The 
con-
tributions required under this clause 
for calendar year 2006 shall not ex-
ceed the amount necessary for sol-
vency of the plan described in para-
graph (2)(C), measured as of Decem-
ber 31, 2006 and taking into account 
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222 
all assets held by the plan as of that 
date. 
‘‘(iii) DIVISION.—The collective an-
nual contribution obligation required under 
clause (ii) shall be divided among the per-
sons subject to the obligation, and applied 
uniformly, based on the hours worked for 
which contributions referred to in clause 
(i) would be owed. 
‘‘(C) PHASE-IN OF TRANSFERS.—For each 
of calendar years 2008 through 2010, the 
transfers required under subparagraphs (B) 
and (C) of paragraph (2) shall equal the fol-
lowing amounts: 
‘‘(i) For calendar year 2008, the Sec-
retary shall make transfers equal to 25 
percent of the amounts that would other-
wise be required under subparagraphs (B) 
and (C) of paragraph (2). 
‘‘(ii) For calendar year 2009, the Sec-
retary shall make transfers equal to 50 
percent of the amounts that would other-
wise be required under subparagraphs (B) 
and (C) of paragraph (2). 
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223 
‘‘(iii) For calendar year 2010, the 
Secretary shall make transfers equal to 75 
percent of the amounts that would other-
wise be required under subparagraphs (B) 
and (C) of paragraph (2). 
‘‘(i) FUNDING.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), 
out of any funds in the Treasury not otherwise ap-
propriated, the Secretary of the Treasury shall 
transfer to the plans described in subsection (h)(2) 
such sums as are necessary to pay the following 
amounts: 
‘‘(A) To the Combined Fund (as defined in 
section 9701(a)(5) of the Internal Revenue 
Code of 1986 and referred to in this paragraph 
as the ‘Combined Fund’), the amount that the 
trustees of the Combined Fund estimate will be 
expended from premium accounts maintained 
by the Combined Fund for the fiscal year to 
provide benefits for beneficiaries who are unas-
signed beneficiaries solely as a result of the ap-
plication of section 9706(h)(1) of the Internal 
Revenue Code of 1986, subject to the following 
limitations: 
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224 
‘‘(i) For fiscal year 2008, the amount 
paid under this subparagraph shall equal— 
‘‘(I) the amount described in sub-
paragraph (A); minus 
‘‘(II) the amounts required under 
section 9706(h)(3)(A) of the Internal 
Revenue Code of 1986. 
‘‘(ii) For fiscal year 2009, the amount 
paid under this subparagraph shall equal— 
‘‘(I) the amount described in sub-
paragraph (A); minus 
‘‘(II) the amounts required under 
section 9706(h)(3)(B) of the Internal 
Revenue Code of 1986. 
‘‘(iii) For fiscal year 2010, the 
amount paid under this subparagraph shall 
equal— 
‘‘(I) the amount described in sub-
paragraph (A); minus 
‘‘(II) the amounts required under 
section 9706(h)(3)(C) of the Internal 
Revenue Code of 1986. 
‘‘(B) On certification by the trustees of 
any plan described in subsection (h)(2) that the 
amount available for transfer by the Secretary 
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