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108th CONGRESS
2d Session
H. R. 3778
To amend the Surface Mining Control and Reclamation Act of 1977 to
reauthorize collection of reclamation fees, revise the abandoned mine
reclamation program, promote remining, authorize the Office of Surface
Mining to collect the black lung excise tax, and make sundry other
changes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2004
Mr. Peterson of Pennsylvania (for himself and Mr. Sherwood) 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
reauthorize collection of reclamation fees, revise the abandoned mine
reclamation program, promote remining, authorize the Office of Surface
Mining to collect the black lung excise tax, and make sundry other
changes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned Mine Reclamation Program
Extension and Reform Act of 2004''.
SEC. 2. AMENDMENTS TO THE SURFACE MINING CONTROL AND RECLAMATION ACT OF
1977.
The Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201 et seq.) is amended as follows:
(1) Section 401(c) is amended by--
(A) striking paragraph (2);
(B) striking the word ``and'' after the first
occurrence of the word ``subsidence'' in paragraph (1)
and redesignating the portion of paragraph (1)
following the deleted word as paragraph (2); and
(C) striking the phrase ``section 402(g)(1) of this
Act'' in paragraph (2) and inserting in its place
``section 402(g)(1) or section 403(b)(1) of this Act''.
(2) Section 401(c)(5) is amended by inserting before the
semicolon ``, and other audit and collection activities under
sections 402(d) and 414(b) of this Act''.
(3) Section 401(c)(6) is amended by striking everything
after ``Department of the Interior'' and inserting in its place
``with public and private organizations conducted for the
purposes of this title of this Act to such extent and in such
amounts as are provided in appropriation Acts;''.
(4) Section 401(c)(10) is amended by striking ``section
411'' and inserting in its place ``section 415''.
(5) Section 401(c)(12) is amended by striking ``section
402(h)'' and inserting in its place ``subsection (f) of this
section''.
(6) In section 401, subsections (d) and (e) are amended to
read as follows:
``(d) Availability of Moneys From Fund.--
``(1) In general.--Moneys from the fund shall be available
for the purposes of this title of this Act, or for distribution
under paragraph (2) of this subsection, only when appropriated
therefor. Such appropriations shall be made without fiscal year
limitations.
``(2) Disposition of unappropriated state-share balance.--
This paragraph applies to the portion of the fund that was
allocated to States and Indian tribes under section 402(g)(1)
of this Act and that was not appropriated as of the end of the
fiscal year ending September 30, 2004.
``(A) States and indian tribes certified as of
september 30, 2004.--States and Indian tribes that have
been certified under section 411 of this Act as of
September 30, 2004, shall receive, subject to
appropriation, the unappropriated balance of their
allocation in annual payments beginning with fiscal
year 2005 and ending with fiscal year 2014.
``(B) States and indian tribes not certified as of
september 30, 2004.--States and Indian tribes that have
not been certified under section 411 of this Act as of
September 30, 2004, shall receive, subject to
appropriation, the unappropriated balance of their
allocation as grants awarded in accordance with
sections 403(b) and 405(h) of this Act.
``(C) States and indian tribes certifying after
september 30, 2004.--States and Indian tribes that are
certified under section 411 of this Act after September
30, 2004, shall receive, subject to appropriation, the
portion of their allocation under section 402(g)(1) of
this Act that has not been previously disbursed to
those States and tribes as grants under paragraph
(2)(B) of this subsection. Disbursement shall be made
in annual payments, beginning with the fiscal year
following certification and ending with fiscal year
2014. These payments shall be made using funds
appropriated for the purpose of making grants to States
and Indian tribes under section 405(h).
``(D) No expenditure restrictions.--Monies
disbursed under paragraphs (2)(A) and (C) of this
subsection may be expended without regard to any other
provision of this Act: Provided, That, whenever a
certified State or Indian tribe becomes aware of a coal
mining-related problem within its borders, the State or
tribe must first use those monies to promptly address
that problem if the site is eligible for reclamation
under section 404 of this Act and if the problem meets
one of the priorities in paragraphs (1) and (2) of
section 403(a) of this Act.
``(3) Reallocation of other unappropriated balances.--
``(A) Rural abandoned mine reclamation program.--
That part of the fund allocated by section 402(g)(2)
for the rural abandoned mine reclamation program under
section 406 of this Act that has not been appropriated
as of September 30, 2004, shall be available for
appropriation for the purposes set forth in section
403(b) of this Act.
``(B) Federal share.--That part of the fund
allocated by section 402(g)(3) for use by the Secretary
that has not been appropriated as of September 30,
2004, shall be available for appropriation for the
purposes set forth in section 403(b) of this Act.
``(C) Historic production allocation.--That part of
the fund allocated by section 402(g)(5) for historic
production supplemental grants to States and Indian
tribes that has not been appropriated as of September
30, 2004, shall be available for appropriation for the
purposes set forth in section 403(b) of this Act.
``(e) Interest.--The Secretary of the Interior shall notify the
Secretary of the Treasury as to what portion of the fund is not, in his
or her judgment, required to meet current withdrawals. The Secretary of
the Treasury shall invest such portion of the fund in public debt
securities with maturities determined by the Secretary of the Interior
and suitable for the needs of the fund and achieving the purposes of
the transfers under subsection (f). Such securities shall bear interest
at rates determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities. The income
on such investments shall be credited to, and form a part of, the
fund.''.
(7) In Section 401, insert a new subsection (f) as follows:
``(f) Transfers to Combined Benefit Fund.--
``(1) Notwithstanding any other provision of law, at the
beginning of each fiscal year, the Secretary shall transfer
from the fund to the United Mine Workers of America Combined
Benefit Fund (referred to as the `Combined Fund' in this title
of this Act), as established under section 9702 of the Internal
Revenue Code of 1986 (26 U.S.C. 9702), an amount equal to the
amount of expenditures that the trustees of the Combined Fund
estimate will be debited against the unassigned beneficiaries
premium account under section 9704(e) of the Internal Revenue
Code of 1986 (26 U.S.C. 9704(e)) for the fiscal year of the
Combined Fund in which the transfer is made: Provided, That the
amount transferred shall not exceed the amount available under
paragraph (2) of this subsection.
``(2) In making the transfers, the Secretary shall first
use the interest that has been earned by and paid to the fund
during the preceding year, followed by any interest earned in
prior years and not previously transferred.
``(3) If, for any fiscal year, the amount transferred is
more or less than the actual expenditures for the unassigned
beneficiaries premium account in that year, the Secretary shall
appropriately adjust the amount transferred for the next fiscal
year.''.
(8) Section 402(a) is amended to read as follows:
``(a) Payment; Rate.--All operators of coal mining operations
subject to the provisions of this Act shall pay to the Secretary of the
Interior, for deposit in the fund, a reclamation fee according to the
following schedule:
``(1) From October 1, 2004, through September 30, 2009--
``(A) 29.75 cents per ton of coal (except lignite)
produced by surface mining;
``(B) 12.75 cents per ton of coal produced by
underground mining; and
``(C) 8.5 cents per ton of lignite coal produced.
``(2) From October 1, 2009, through September 30, 2014--
``(A) 28 cents per ton of coal (except lignite)
produced by surface mining;
``(B) 12 cents per ton of coal produced by
underground mining; and
``(C) 8 cents per ton of lignite coal produced.
``(3) From October 1, 2014, through September 30, 2018--
``(A) 26.25 cents per ton of coal (except lignite)
produced by surface mining;
``(B) 11.25 cents per ton of coal produced by
underground mining; and
``(C) 7.5 cents per ton of lignite coal produced.
``(4) In lieu of the rates in paragraphs (1) through (3)
above, the operator may pay a fee of 10 per cent of the value
of the coal at the mine, as determined by the Secretary, for
each ton of coal produced by surface or underground mining:
Provided, That the alternate fee for lignite coal shall be 2
percent of the value of the coal at the mine, as determined by
the Secretary.''.
(9) Section 402(b) is amended by--
(A) striking ``Such fee'' and inserting in its
place ``Reclamation fees''; and
(B) striking ``2004'' and all that follows and
inserting in its place ``2018''.
(10) Section 402(c) is amended to read as follows:
``(c) Submission of Quarterly Reports.--
``(1) All operators of surface coal mining operations shall
submit a report no later than thirty days after the end of each
calendar quarter. The report shall include--
``(A) a statement of the amount of coal produced
during the calendar quarter, the method of coal removal
and the type of coal;
``(B) an identification of the permittee and the
operator of the surface coal mining operation, the
owner of the coal, the preparation plant or tipple
receiving the coal or the loading point for the coal,
and the person purchasing the coal from the operator or
permittee;
``(C) the number of the permit required under
section 506 of this Act; and
``(D) the identification number issued by the Mine
Safety and Health Administration for the operation.
``(2) Each quarterly report shall contain a notification of
any changes in the information required by paragraph (1) of
this subsection since the date of the preceding quarterly
report.
``(3) The operator must certify, under penalty of perjury,
that the information in each report is true, correct, and
complete. Any person, corporate officer, agent or director who,
on behalf of a coal mine operator, knowingly makes any false
statement, representation or certification or knowingly fails
to make any statement, representation or certification required
in this section shall, upon conviction, be punished by a fine
of not more than $10,000, or by imprisonment for not more than
one year, or both.
``(4) The information contained in the quarterly reports
submitted under this subsection shall be maintained by the
Secretary in a computerized database.''.
(11) Section 402(d) is amended by--
(A) striking the word ``Penalty'' from the title
and inserting in its place the word ``Audits'' ;
(B) striking paragraph (1);
(C) redesignating paragraph (2) as paragraph (1);
and
(D) inserting paragraph (2) to read as follows:
``(2) The Secretary is authorized to audit compliance with
the excise tax payment requirements of section 4121 of the
Internal Revenue Code of 1986 (26 U.S.C. 4121) when conducting
audits under this subsection.''.
(12) Section 402(f) is amended to read as follows:
``(f) Cooperation From Other Agencies.--All Federal and State
agencies shall fully cooperate with the Secretary of the Interior in
the enforcement of this section. Whenever the Secretary of the Interior
believes that any person has not paid the full amount of the fee
payable under section 402(a) of this Act or the excise tax payable
under section 4121 of the Internal Revenue Code of 1986 (26 U.S.C.
4121), he or she shall notify the Federal agency responsible for
enforcing the provisions of section 4121 of the Internal Revenue Code
of 1986 (26 U.S.C. 4121).''.
(13) Section 402(g) is amended by--
(A) amending the subsection heading to read
``Allocation of Fee Receipts and Other Monies Prior to
September 30, 2004.--''
(B) in paragraph (1), striking ``Except as provided
in subsection (h)'' and inserting in its place ``Except
as otherwise provided in this Act'';
(C) amending paragraphs (1)(A)(ii) and (1)(B)(ii)
to read as follows:
``(ii) Lands and waters which are eligible
pursuant to section 404 (in the case of a State
not certified under section 411). In the case
of a State certified under section 411,
eligible lands and waters shall be those which
were mined or processed for minerals or which
were affected by such mining or processing, and
abandoned or left in an inadequate reclamation
status prior to August 3, 1977; and for which
there is no continuing reclamation
responsibility under State or other Federal
laws.'';
(D) striking ``section 401(c)(2)'' at the end of
paragraph (2) and inserting in its place ``for the
purposes of section 406'';
(E) striking everything in paragraph (4) after
``subparagraph (A)'' in subparagraph (B) and inserting
in its place ``if the requirements of section 404(b)
are met.'';
(F) striking paragraph (5) in its entirety and
inserting in its place ``This subsection applies only
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