1
 So in original. Probably should be “tipple,”.
or loading point for the coal, and the person purchasing the coal from the operator. The report shall also specify the number of the permit required under
2
 So in original. Probably should be capitalized.
approved abandoned mine reclamation program pursuant to
1
 So in original.
(or, in the case of any such health benefits confirmed in any bankruptcy proceeding, would be subsequently denied or reduced); and
Editorial Notes
References in Text

The amendments made by section 2(a) of the American Miner Benefits Improvement Act of 2020, referred to in subsec. (i)(3)(C), are the amendments made to subsec. (h)(2)(C)(ii) of this section made by section 2(a) of div. Y of Pub. L. 116–260. See 2020 Amendment notes below.

Codification

November 5, 1990, referred to in subsec. (g)(4)(B)(ii), was in the original “the date of enactment of this paragraph”, which was translated as meaning the date of enactment of Pub. L. 101–508, which amended this section generally, to reflect the probable intent of Congress.

Amendments

2021—Subsec. (a). Pub. L. 117–58, § 40702(a), substituted “22.4 cents” for “28 cents”, “9.6 cents” for “12 cents”, and “6.4 cents” for “8 cents”.

Subsec. (b). Pub. L. 117–58, § 40702(b), substituted “September 30, 2034” for “September 30, 2021”.

2020—Subsec. (h)(2)(C)(ii). Pub. L. 116–260, § 2(a)(4), substituted “January 1, 2020” for “January 1, 2019” in concluding provisions.

Pub. L. 116–260, § 2(a)(1), substituted “December 27, 2020” for “December 20, 2019” wherever appearing.

Subsec. (h)(2)(C)(ii)(II). Pub. L. 116–260, § 2(a)(3), inserted “(or, in the case of any such health benefits confirmed in any bankruptcy proceeding, would be subsequently denied or reduced)” before “; and”.

Pub. L. 116–260, § 2(a)(2), substituted “2019, or any year thereafter,” for “or 2019”.

Subsec. (i)(3)(C). Pub. L. 116–260, § 2(b), added subpar. (C).

2019—Subsec. (h)(2)(C)(ii). Pub. L. 116–94, § 103(4), substituted “January 1, 2019” for “January 1, 2017” in concluding provisions.

Pub. L. 116–94, § 103(1), substituted “December 20, 2019” for “May 5, 2017” in subcl. (I) and in concluding provisions.

Subsec. (h)(2)(C)(ii)(II). Pub. L. 116–94, § 103(2), substituted “or a related coal wage agreement, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012, 2015, 2018, or 2019” for “, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012 or 2015”.

Subsec. (h)(2)(C)(ii)(III). Pub. L. 116–94, § 103(3), added subcl. (III).

Subsec. (h)(2)(C)(vi). Pub. L. 116–94, § 103(5), added cl. (vi).

Subsec. (i)(3)(A). Pub. L. 116–94, § 102(a)(1), substituted “$750,000,000” for “$490,000,000”.

Subsec. (i)(4), (5). Pub. L. 116–94, § 102(a)(2), (3), added par. (4) and redesignated former par. (4) as (5).

2017—Subsec. (h)(2)(C)(ii). Pub. L. 115–31 added cl. (ii) and struck out former cl. (ii) which related to calculation of excess.

Pub. L. 114–223, div. C, § 202(b)(3), as added by Pub. L. 115–30, par. (2), inserted at end of concluding provisions “For purposes of subclause (II)(aa), a beneficiary enrolled in the Plan as of April 28, 2017, shall be deemed to have been eligible to receive health benefits under the Plan on January 1, 2017.”

Subsec. (h)(2)(C)(ii)(II). Pub. L. 114–223, div. C, § 202(b)(1), as added by Pub. L. 115–30, par. (2), substituted “May 5, 2017” for “April 30, 2017” in introductory provisions.

Subsec. (h)(2)(C)(ii)(II)(aa). Pub. L. 114–223, div. C, § 202(b)(2), as added by Pub. L. 115–30, par. (2), substituted “April 28, 2017” for “December 10, 2016”.

Subsec. (h)(2)(C)(iii), (iv). Pub. L. 115–31 added cls. (iii) and (iv) and struck out former cls. (iii) and (iv) which read as follows:

“(iii) Eligibility of certain retirees.—Individuals referred to in clause (ii)(II)(bb) shall be treated as eligible to receive health benefits under the Plan for the plan year that includes January 1, 2017.

“(iv) Requirements for transfer.—The amount of the transfer otherwise determined under this subparagraph for fiscal year 2017 shall be reduced by any amount transferred for the fiscal year to the Plan, to pay benefits required under the Plan, from a voluntary employees’ beneficiary association established as a result of a bankruptcy proceeding described in clause (ii)(II).”

2016—Subsec. (h)(2)(C). Pub. L. 114–223, div. C, § 167(b), as added by Pub. L. 114–254, div. A, § 101(3), designated existing provisions as cl. (i), inserted heading, redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i), realigned margins, added cls. (ii) to (v), and struck out concluding provisions which read as follows: “Such excess shall be calculated by taking into account only those beneficiaries actually enrolled 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.”

Subsec. (i)(3)(B). Pub. L. 114–223, div. C, § 167(c), as added by Pub. L. 114–254, div. A, § 101(3), substituted “under paragraph (1) so that” for “so that” in introductory provisions, “each such transfer” for “each transfer” in cl. (i), and “paragraph (1)” for “this subsection” in cl. (iii).

2008—Subsec. (i)(1)(C). Pub. L. 110–343 substituted “$9,000,000 on October 1, 2009, and $9,000,000 on October 1, 2010” for “and $9,000,000 on October 1, 2009” in introductory provisions.

2006—Subsec. (a). Pub. L. 109–432, § 202(a)(2), substituted “28” for “31.5”, “12” for “13.5”, and “8 cents” for “9 cents”.

Pub. L. 109–432, § 202(a)(1), substituted “31.5” for “35”, “13.5” for “15”, and “9 cents” for “10 cents”.

Subsec. (b). Pub. L. 109–432, § 202(b), substituted “September 30, 2021” for “September 30, 2007, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section”.

Pub. L. 109–234 substituted “September 30, 2007” for “June 30, 2006”.

Subsec. (g)(1)(D). Pub. L. 109–432, § 202(c)(1), inserted “(except for grants awarded during fiscal years 2008, 2009, and 2010 to the extent not expended within 5 years)” after “this paragraph” and substituted “under paragraph (5)” for “in any area under paragraph (2), (3), (4), or (5)”.

Subsec. (g)(2). Pub. L. 109–432, § 202(c)(2), added par. (2) and struck out former par. (2) which read as follows: “20 percent of the amounts available in the fund in any fiscal year which are not allocated under paragraph (1) in that fiscal year (including that interest accruing as provided in section 1231(e) of this title and including funds available for reallocation pursuant to paragraph (1)(D)), shall be allocated to the Secretary only for the purpose of making the annual transfer to the Secretary of Agriculture under section 1231(c)(2) of this title.”

Subsec. (g)(3). Pub. L. 109–432, § 202(c)(3)(A), substituted “paragraph (5)” for “paragraphs (2) and (5)” in introductory provisions.

Subsec. (g)(3)(A). Pub. L. 109–432, § 202(c)(3)(B), substituted “1231(c)(9)” for “1231(c)(11)”.

Subsec. (g)(3)(E). Pub. L. 109–432, § 202(c)(3)(C), added subpar. (E).

Subsec. (g)(5). Pub. L. 109–432, § 202(c)(4), designated existing provisions as subpar. (A), in first sentence, substituted “60” for “40”, in last sentence, substituted “Funds made available under paragraph (3) or (4)” for “Funds allocated or expended by the Secretary under paragraphs (2), (3), or (4)”, and added subpar. (B).

Subsec. (g)(6) to (8). Pub. L. 109–432, § 202(c)(5), added pars. (6) to (8) and struck out former pars. (6) to (8) which related to authority of any State to receive and retain up to 10 percent of the total of grants, State authority to establish an acid mine drainage abatement and treatment fund and to implement plans for acid mine drainage abatement and treatment, and allocation of not less than $2,000,000 annually for expenditure in each State and for each Indian tribe, having an approved reclamation program and eligible lands and waters.

Subsecs. (h), (i). Pub. L. 109–432, § 202(d), added subsecs. (h) and (i) and struck out former subsec. (h) which related to transfer of funds to the United Mine Workers of America Combined Benefit Fund.

2005—Subsec. (b). Pub. L. 109–54 substituted “June 30, 2006” for “September 30, 2005”.

Pub. L. 109–13 substituted “September 30, 2005” for “June 30, 2005”.

2004—Subsec. (b). Pub. L. 108–447 substituted “June 30, 2005” for “September 30, 2004”.

1992—Subsec. (b). Pub. L. 102–486, § 2515, which directed that subsec. (b) be amended by substituting “2004, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section” for “1995”, was executed by inserting “, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section” after “2004”, to reflect the probable intent of Congress and the intervening amendment by Pub. L. 102–486, § 19143(b)(1). See below.

Pub. L. 102–486, § 19143(b)(1), substituted “2004” for “1995” before period at end.

Subsec. (g)(1). Pub. L. 102–486, § 19143(b)(3)(B), substituted “Except as provided in subsection (h) of this section, moneys” for “Moneys”.

Subsec. (h). Pub. L. 102–486, § 19143(b)(2), added subsec. (h).

1990—Subsec. (b). Pub. L. 101–508, § 6003(a), substituted “ending September 30, 1995” for “ending fifteen years after August 3, 1977, unless extended by an Act of Congress”.

Subsec. (c). Pub. L. 101–508, § 6003(b), inserted at end “Such statement shall include an identification of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the preparation plant, tripple, or loading point for the coal, and the person purchasing the coal from the operator. The report shall also specify the number of the permit required under section 1256 of this title and the mine safety and health identification number. Each quarterly report shall contain a notification of any changes in the information required by this subsection since the date of the preceding quarterly report. The information contained in the quarterly reports under this subsection shall be maintained by the Secretary in a computerized database.”

Subsec. (d). Pub. L. 101–508, § 6003(c), designated existing provisions as par. (1) and added par. (2).

Subsec. (f). Pub. L. 101–508, § 6003(d), inserted at end “Whenever the Secretary believes that any person has not paid the full amount of the fee payable under subsection (a) of this section the Secretary shall notify the Federal agency responsible for ensuring compliance with the provisions of section 4121 of title 26.”

Subsec. (g). Pub. L. 101–508, § 6004, amended subsec. (g) generally, substituting present provisions for provisions relating to geographic allocation of expenditures from the fund, providing for allocation of 50 percent of funds collected annually in any State or Indian reservation to that State or Indian reservation pursuant to approved reclamation program, providing for special State set-aside for future expenditure, and authorizing expenditure of balance of funds collected at discretion of Secretary in order to meet the purposes of this subchapter.

1987—Subsec. (g)(3), (4). Pub. L. 100–34 added par. (3) and redesignated former par. (3) as (4).

Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment

Pub. L. 116–260, div. Y, § 2(c), Dec. 27, 2020, 134 Stat. 2418, provided that:

“(1)
In general.—
Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 27, 2020].
“(2)
Subsection (a)(3).—
The amendment made by subsection (a)(3) [amending this section] shall apply to denials and reductions after December 31, 2019.”

Effective Date of 2019 Amendment

Pub. L. 116–94, div. M, § 102(b), Dec. 20, 2019, 133 Stat. 3094, provided that:

“(1)
In general.—
The amendments made by this section [amending this section] shall apply to fiscal years beginning after September 30, 2016.
“(2)
Reporting requirements.—
Section 402(i)(4)(G) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(i)(4)(G)), as added by this section, shall apply to plan years beginning after the date of the enactment of this Act [Dec. 20, 2019].”

Effective Date of 2017 Amendment

Pub. L. 115–31, div. M, title I, § 104(b), May 5, 2017, 131 Stat. 804, provided that: “The amendments made by this section [amending this section] shall apply to fiscal years beginning after September 30, 2016.”

Effective Date of 2006 Amendment

Pub. L. 109–432, div. C, title II, § 202(a)(1), Dec. 20, 2006, 120 Stat. 3008, provided that the amendment made by section 202(a)(1) [amending this section] is effective Oct. 1, 2007.

Pub. L. 109–432, div. C, title II, § 202(a)(2), Dec. 20, 2006, 120 Stat. 3008, provided that the amendment made by section 202(a)(2) [amending this section] is effective Oct. 1, 2012.

Pub. L. 109–432, div. C, title II, § 202(b), Dec. 20, 2006, 120 Stat. 3008, provided that the amendment made by section 202(b) [amending this section] is effective Sept. 30, 2007.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–508 effective Oct. 1, 1991, see section 6014 of Pub. L. 101–508 set out as a note under section 1231 of this title.

Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.