Home > 106th Congressional Bills > S. 204 (is) To amend chapter 5 of title 13, United States Code, to require that any data relating to the incidence of poverty produced or published by the Secretary of Commerce for subnational areas is corrected for differences in the cost of living in th...

S. 204 (is) To amend chapter 5 of title 13, United States Code, to require that any data relating to the incidence of poverty produced or published by the Secretary of Commerce for subnational areas is corrected for differences in the cost of living in th...


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108th CONGRESS
  2d Session
                                S. 2049

  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 SENATE OF THE UNITED STATES

                            February 3, 2004

  Mr. Specter introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural 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 101. SHORT TITLE.

    This Act may be cited as the ``Abandoned Mine Reclamation Program 
Extension and Reform Act of 2004''.

SEC. 102. 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.--Moneys 
                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 moneys 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 title to read as follows:
    ``(g) Allocation of Fee Receipts and Other Monies Prior to 
September 30, 2004.''.
                    (B) striking ``Except as provided in subsection 
                (h)'' in paragraph (g)(1) 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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