138 
(A) and (B) of subsection (i)(1), as de-
scribed in clause (ii); and 
‘‘(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-
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139 
cient to meet future requirements under 
subparagraph (A)(ii). 
‘‘(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.— 
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140 
‘‘(i) IN GENERAL.— 
‘‘(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-
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141 
ligated to contribute to the plan re-
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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142 
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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