136
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 
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.
137
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 
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.
138
‘‘(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 
‘‘(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
139
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). 
‘‘(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-
140
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.—
‘‘(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
141
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-
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-
142
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 
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: