Arctic Coastal Plain and Surface Mining Improvement Act - Arctic Coastal Plain Domestic Energy Security Act of 2004 - Sets forth an oil and gas leasing exploration and production program within the Arctic Coastal Plain.
Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal its prohibition against production of oil and gas from the Arctic National Wildlife Refuge, including any leasing or development leading to such production..
Authorizes the Secretary of the Interior to: (1) designate a maximum total of Coastal Plain acreage as a "Special Area" of unique character and interest; and (2) permit the use of horizontal drilling technology from lease sites located outside a Special Area.
Prescribes Coastal Plain environmental protection requirements.
Abandoned Mine Lands Reclamation Reform Act of 2004 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal the authorization that certain moneys in the Abandoned Mine Reclamation Fund be used: (1) by the Secretary of Agriculture for reclamation of rural lands; and (2) by the Department of the Interior for studies by contract with organizations for advice and research and development projects technical assistance.
Reduces by twenty percent the reclamation fee required to be paid by operators of coal mining operations.
Revises guidelines governing the transfer of funds from the Abandoned Mine Reclamation Fund to the United Mine Workers of America Combined Benefit (UMWACB) Fund to: (1) limit the aggregate amount transferred; and (2) coordinate such transfer with certain premiums mandated under the Internal Revenue Code.
Revises certification guidelines to prescribe payments to qualified and non-qualified States and Indian tribes.
Establishes in the Treasury the Coal Mining Fairness Fund. Appropriates to such Fund certain bonuses, rents, or royalties proceeds received by the United States from the exploration, development, and production of the oil and gas resources of the Coastal Plain.
Prescribes guidelines for payments from such Fund to the UMWACB Fund.
Amends the Internal Revenue Code (relating to liability of assigned operators) to: (1) waive payment by coal operators of any premium to the Combined Benefit Fund to the extent of the premium amount paid to the Coal Mining Fairness Fund; and (2) set guidelines governing prepayment to the Combined Benefit Fund of premium liability for coal industry health benefits.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4549 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4549
To provide for exploration, development, and production of oil and gas
resources on the Arctic Coastal Plain of Alaska, to resolve outstanding
issues relating to the Surface Mining Control and Reclamation Act of
1977, to benefit the coal miners of America, to make related technical
changes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 2004
Mr. Pombo introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for exploration, development, and production of oil and gas
resources on the Arctic Coastal Plain of Alaska, to resolve outstanding
issues relating to the Surface Mining Control and Reclamation Act of
1977, to benefit the coal miners of America, to make related technical
changes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This title may be cited as the ``Arctic Coastal Plain and Surface
Mining Improvement Act''.
TITLE I--OIL AND GAS LEASING PROGRAM FOR COASTAL PLAIN OF ALASKA
SEC. 101. SHORT TITLE.
This title may be cited as the ``Arctic Coastal Plain Domestic
Energy Security Act of 2004''.
SEC. 102. DEFINITIONS.
In this title:
(1) Coastal plain.--The term ``Coastal Plain'' means that
area identified as such in the map entitled ``Arctic National
Wildlife Refuge'', dated August 1980, as referenced in section
1002(b) of the Alaska National Interest Lands Conservation Act
of 1980 (16 U.S.C. 3142(b)(1)), comprising approximately
1,549,000 acres, and as described in appendix I to part 37 of
title 50, Code of Federal Regulations.
(2) Secretary.--The term ``Secretary'', except as otherwise
provided, means the Secretary of the Interior or the
Secretary's designee.
SEC. 103. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.
(a) In General.--The Secretary shall take such actions as are
necessary--
(1) to establish and implement in accordance with this Act
a competitive oil and gas leasing program under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) that will result in an
environmentally sound program for the exploration, development,
and production of the oil and gas resources of the Coastal
Plain; and
(2) to administer the provisions of this title through
regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, and other provisions that ensure
the oil and gas exploration, development, and production
activities on the Coastal Plain will result in no significant
adverse effect on fish and wildlife, their habitat, subsistence
resources, and the environment, and including, in furtherance
of this goal, by requiring the application of the best
commercially available technology for oil and gas exploration,
development, and production to all exploration, development,
and production operations under this title in a manner that
ensures the receipt of fair market value by the public for the
mineral resources to be leased.
(b) Repeal.--Section 1003 of the Alaska National Interest Lands
Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
(c) Compliance With Requirements Under Certain Other Laws.--
(1) Compatibility.--For purposes of the National Wildlife
Refuge System Administration Act of 1966, the oil and gas
leasing program and activities authorized by this section in
the Coastal Plain are deemed to be compatible with the purposes
for which the Arctic National Wildlife Refuge was established,
and that no further findings or decisions are required to
implement this determination.
(2) Adequacy of the department of the interior's
legislative environmental impact statement.--The ``Final
Legislative Environmental Impact Statement'' (April 1987) on
the Coastal Plain prepared pursuant to section 1002 of the
Alaska National Interest Lands Conservation Act of 1980 (16
U.S.C. 3142) and section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is
deemed to satisfy the requirements under the National
Environmental Policy Act of 1969 that apply with respect to
actions authorized to be taken by the Secretary to develop and
promulgate the regulations for the establishment of a leasing
program authorized by this title before the conduct of the
first lease sale.
(3) Compliance with nepa for other actions.--Before
conducting the first lease sale under this title, the Secretary
shall prepare an environmental impact statement under the
National Environmental Policy Act of 1969 with respect to the
actions authorized by this title that are not referred to in
paragraph (2). Notwithstanding any other law, the Secretary is
not required to identify nonleasing alternative courses of
action or to analyze the environmental effects of such courses
of action. The Secretary shall only identify a preferred action
for such leasing and a single leasing alternative, and analyze
the environmental effects and potential mitigation measures for
those two alternatives. The identification of the preferred
action and related analysis for the first lease sale under this
title shall be completed within 18 months after the date of the
enactment of this Act. The Secretary shall only consider public
comments that specifically address the Secretary's preferred
action and that are filed within 20 days after publication of
an environmental analysis. Notwithstanding any other law,
compliance with this paragraph is deemed to satisfy all
requirements for the analysis and consideration of the environmental
effects of proposed leasing under this title.
(d) Relationship to State and Local Authority.--Nothing in this
title shall be considered to expand or limit State and local regulatory
authority.
(e) Special Areas.--
(1) In general.--The Secretary, after consultation with the
State of Alaska, the city of Kaktovik, and the North Slope
Borough, may designate up to a total of 45,000 acres of the
Coastal Plain as a Special Area if the Secretary determines
that the Special Area is of such unique character and interest
so as to require special management and regulatory protection.
The Secretary shall designate as such a Special Area the
Sadlerochit Spring area, comprising approximately 4,000 acres
as depicted on the map referred to in section 102(1).
(2) Management.--Each such Special Area shall be managed so
as to protect and preserve the area's unique and diverse
character including its fish, wildlife, and subsistence
resource values.
(3) Exclusion from leasing or surface occupancy.--The
Secretary may exclude any Special Area from leasing. If the
Secretary leases a Special Area, or any part thereof, for
purposes of oil and gas exploration, development, production,
and related activities, there shall be no surface occupancy of
the lands comprising the Special Area.
(4) Directional drilling.--Notwithstanding the other
provisions of this subsection, the Secretary may lease all or a
portion of a Special Area under terms that permit the use of
horizontal drilling technology from sites on leases located
outside the area.
(f) Limitation on Closed Areas.--The Secretary's sole authority to
close lands within the Coastal Plain to oil and gas leasing and to
exploration, development, and production is that set forth in this
title.
(g) Regulations.--
(1) In general.--The Secretary shall prescribe such
regulations as may be necessary to carry out this title,
including rules and regulations relating to protection of the
fish and wildlife, their habitat, subsistence resources, and
environment of the Coastal Plain, by no later than 15 months
after the date of the enactment of this Act.
(2) Revision of regulations.--The Secretary shall
periodically review and, if appropriate, revise the rules and
regulations issued under subsection (a) to reflect any
significant biological, environmental, or engineering data that
come to the Secretary's attention.
SEC. 104. LEASE SALES.
(a) In General.--Lands may be leased pursuant to this title to any
person qualified to obtain a lease for deposits of oil and gas under
the Mineral Leasing Act (30 U.S.C. 181 et seq.).
(b) Procedures.--The Secretary shall, by regulation, establish
procedures for--
(1) receipt and consideration of sealed nominations for any
area in the Coastal Plain for inclusion in, or exclusion (as
provided in subsection (c)) from, a lease sale;
(2) the holding of lease sales after such nomination
process; and
(3) public notice of and comment on designation of areas to
be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Bidding for leases under this title shall be
by sealed competitive cash bonus bids.
(d) Acreage Minimum in First Sale.--In the first lease sale under
this title, the Secretary shall offer for lease those tracts the
Secretary considers to have the greatest potential for the discovery of
hydrocarbons, taking into consideration nominations received pursuant
to subsection (b)(1), but in no case less than 200,000 acres.
(e) Timing of Lease Sales.--The Secretary shall--
(1) conduct the first lease sale under this title within 22
months after the date of the enactment of this Act; and
(2) conduct additional sales so long as sufficient interest
in development exists to warrant, in the Secretary's judgment,
the conduct of such sales.
SEC. 105. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--The Secretary may grant to the highest responsible
qualified bidder in a lease sale conducted pursuant to section 104 any
lands to be leased on the Coastal Plain upon payment by the lessee of
such bonus as may be accepted by the Secretary.
(b) Subsequent Transfers.--No lease issued under this title may be
sold, exchanged, assigned, sublet, or otherwise transferred except with
the approval of the Secretary. Prior to any such approval the Secretary
shall consult with, and give due consideration to the views of, the
Attorney General.
SEC. 106. LEASE TERMS AND CONDITIONS.
(a) In General.--An oil or gas lease issued pursuant to this title
shall--
(1) provide for the payment of a royalty of not less than
12\1/2\ percent in amount or value of the production removed or
sold from the lease, as determined by the Secretary under the
regulations applicable to other Federal oil and gas leases;
(2) provide that the Secretary may close, on a seasonal
basis, portions of the Coastal Plain to exploratory drilling
activities as necessary to protect caribou calving areas and
other species of fish and wildlife;
(3) require that the lessee of lands within the Coastal
Plain shall be fully responsible and liable for the reclamation
of lands within the Coastal Plain and any other Federal lands
that are adversely affected in connection with exploration,
development, production, or transportation activities conducted
under the lease and within the Coastal Plain by the lessee or
by any of the subcontractors or agents of the lessee;
(4) provide that the lessee may not delegate or convey, by
contract or otherwise, the reclamation responsibility and
liability to another person without the express written
approval of the Secretary;
(5) provide that the standard of reclamation for lands
required to be reclaimed under this title shall be, as nearly
as practicable, a condition capable of supporting the uses which the
lands were capable of supporting prior to any exploration, development,
or production activities, or upon application by the lessee, to a
higher or better use as approved by the Secretary;
(6) contain terms and conditions relating to protection of
fish and wildlife, their habitat, and the environment as
required pursuant to section 103(a)(2);
(7) provide that the lessee, its agents, and its
contractors use best efforts to provide a fair share, as
determined by the level of obligation previously agreed to in
the 1974 agreement implementing section 29 of the Federal
Agreement and Grant of Right of Way for the Operation of the
Trans-Alaska Pipeline, of employment and contracting for Alaska
Natives and Alaska Native Corporations from throughout the
State;
(8) prohibit the export of oil produced under the lease;
and
(9) contain such other provisions as the Secretary
determines necessary to ensure compliance with the provisions
of this title and the regulations issued under this title.
(b) Project Labor Agreements.--The Secretary, as a term and
condition of each lease under this title and in recognizing the
Government's proprietary interest in labor stability and in the ability
of construction labor and management to meet the particular needs and
conditions of projects to be developed under the leases issued pursuant
to this title and the special concerns of the parties to such leases,
shall require that the lessee and its agents and contractors negotiate
to obtain a project labor agreement for the employment of laborers and
mechanics on production, maintenance, and construction under the lease.
SEC. 107. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard to Govern Authorized
Coastal Plain Activities.--The Secretary shall, consistent with the
requirements of section 103, administer the provisions of this title
through regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, and other provisions that--
(1) ensure the oil and gas exploration, development, and
production activities on the Coastal Plain will result in no
significant adverse effect on fish and wildlife, their habitat,
and the environment;
(2) require the application of the best commercially
available technology for oil and gas exploration, development,
and production on all new exploration, development, and
production operations; and
(3) ensure that the maximum amount of surface acreage
covered by production and support facilities, including
airstrips and any areas covered by gravel berms or piers for
support of pipelines, does not exceed 2,000 acres on the
Coastal Plain.
(b) Site-Specific Assessment and Mitigation.--The Secretary shall
also require, with respect to any proposed drilling and related
activities, that--
(1) a site-specific analysis be made of the probable
effects, if any, that the drilling or related activities will
have on fish and wildlife, their habitat, and the environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the extent practicable) any significant
adverse effect identified under paragraph (1); and
(3) the development of the plan shall occur after
consultation with the agency or agencies having jurisdiction
over matters mitigated by the plan.
(c) Regulations to Protect Coastal Plain Fish and Wildlife
Resources, Subsistence Users, and the Environment.--Before implementing
the leasing program authorized by this title, the Secretary shall
prepare and promulgate regulations, lease terms, conditions,
restrictions, prohibitions, stipulations, and other measures designed
to ensure that the activities undertaken on the Coastal Plain under
this title are conducted in a manner consistent with the purposes and
environmental requirements of this title.
(d) Compliance With Federal and State Environmental Laws and Other
Requirements.--The proposed regulations, lease terms, conditions,
restrictions, prohibitions, and stipulations for the leasing program
under this title shall require compliance with all applicable
provisions of Federal and State environmental law and shall also
require the following:
(1) Standards at least as effective as the safety and
environmental mitigation measures set forth in items 1 through
29 at pages 167 through 169 of the ``Final Legislative
Environmental Impact Statement'' (April 1987) on the Coastal
Plain.
(2) Seasonal limitations on exploration, development, and
related activities, where necessary, to avoid significant
adverse effects during periods of concentrated fish and
wildlife breeding, denning, nesting, spawning, and migration.
(3) That exploration activities, except for surface
geological studies, be limited to the period between
approximately November 1 and May 1 each year and that
exploration activities shall be supported by ice roads, winter
trails with adequate snow cover, ice pads, ice airstrips, and
air transport methods, except that such exploration activities
may occur at other times, if the Secretary finds that such
exploration will have no significant adverse effect on the fish
and wildlife, their habitat, and the environment of the Coastal
Plain.
(4) Design safety and construction standards for all
pipelines and any access and service roads, that--
(A) minimize, to the maximum extent possible,
adverse effects upon the passage of migratory species
such as caribou; and
(B) minimize adverse effects upon the flow of
surface water by requiring the use of culverts,
bridges, and other structural devices.
(5) Prohibitions on public access and use on all pipeline
access and service roads.
(6) Stringent reclamation and rehabilitation requirements,
consistent with the standards set forth in this title,
requiring the removal from the Coastal Plain of all oil and gas
development and production facilities, structures, and equipment upon
completion of oil and gas production operations, except that the
Secretary may exempt from the requirements of this paragraph those
facilities, structures, or equipment that the Secretary determines
would assist in the management of the Arctic National Wildlife Refuge
and that are donated to the United States for that purpose.
(7) Appropriate prohibitions or restrictions on access by
all modes of transportation.
(8) Appropriate prohibitions or restrictions on sand and
gravel extraction.
(9) Consolidation of facility siting.
(10) Appropriate prohibitions or restrictions on use of
explosives.
(11) Avoidance, to the extent practicable, of springs,
streams, and river system; the protection of natural surface
drainage patterns, wetlands, and riparian habitats; and the
regulation of methods or techniques for developing or
transporting adequate supplies of water for exploratory
drilling.
(12) Avoidance or reduction of air traffic-related
disturbance to fish and wildlife.
(13) Treatment and disposal of hazardous and toxic wastes,
solid wastes, reserve pit fluids, drilling muds and cuttings,
and domestic wastewater, including an annual waste management
report, a hazardous materials tracking system, and a
prohibition on chlorinated solvents, in accordance with
applicable Federal and State environmental law.
(14) Fuel storage and oil spill contingency planning.
(15) Research, monitoring, and reporting requirements.
(16) Field crew environmental briefings.
(17) Avoidance of significant adverse effects upon
subsistence hunting, fishing, and trapping by subsistence
users.
(18) Compliance with applicable air and water quality
standards.
(19) Appropriate seasonal and safety zone designations
around well sites, within which subsistence hunting and
trapping shall be limited.
(20) Reasonable stipulations for protection of cultural and
archeological resources.
(21) All other protective environmental stipulations,
restrictions, terms, and conditions deemed necessary by the
Secretary.
(e) Considerations.--In preparing and promulgating regulations,
lease terms, conditions, restrictions, prohibitions, and stipulations
under this section, the Secretary shall consider the following:
(1) The stipulations and conditions that govern the
National Petroleum Reserve-Alaska leasing program, as set forth
in the 1999 Northeast National Petroleum Reserve-Alaska Final
Integrated Activity Plan/Environmental Impact Statement.
(2) The environmental protection standards that governed
the initial Coastal Plain seismic exploration program under
parts 37.31 to 37.33 of title 50, Code of Federal Regulations.
(3) The land use stipulations for exploratory drilling on
the KIC-ASRC private lands that are set forth in Appendix 2 of
the August 9, 1983, agreement between Arctic Slope Regional
Corporation and the United States.
(f) Facility Consolidation Planning.--
(1) In general.--The Secretary shall, after providing for
public notice and comment, prepare and update periodically a
plan to govern, guide, and direct the siting and construction
of facilities for the exploration, development, production, and
transportation of Coastal Plain oil and gas resources.
(2) Objectives.--The plan shall have the following
objectives:
(A) Avoiding unnecessary duplication of facilities
and activities.
(B) Encouraging consolidation of common facilities
and activities.
(C) Locating or confining facilities and activities
to areas that will minimize impact on fish and
wildlife, their habitat, and the environment.
(D) Utilizing existing facilities wherever
practicable.
(E) Enhancing compatibility between wildlife values
and development activities.
(g) Access to Public Lands.--The Secretary shall--
(1) manage public lands in the Coastal Plain subject to
subsections (a) and (b) of section 811 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3121); and
(2) ensure that local residents shall have reasonable
access to public lands in the Coastal Plain for traditional
uses.
SEC. 108. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaint.--
(1) Deadline.--Subject to paragraph (2), any complaint
seeking judicial review of any provision of this title or any
action of the Secretary under this title shall be filed in any
appropriate district court of the United States--
(A) except as provided in subparagraph (B), within
the 90-day period beginning on the date of the action
being challenged; or
(B) in the case of a complaint based solely on
grounds arising after such period, within 90 days after
the complainant knew or reasonably should have known of
the grounds for the complaint.
(2) Venue.--Any complaint seeking judicial review of an
action of the Secretary under this title may be filed only in
the United States Court of Appeals for the District of
Columbia.
(3) Limitation on scope of certain review.--Judicial review
of a Secretarial decision to conduct a lease sale under this
title, including the environmental analysis thereof, shall be
limited to whether the Secretary has complied with the terms of
this title and shall be based upon the administrative record of
that decision. The Secretary's identification of a preferred
course of action to enable leasing to proceed and the
Secretary's analysis of environmental effects under this title shall be
presumed to be correct unless shown otherwise by clear and convincing
evidence to the contrary.
(b) Limitation on Other Review.--Actions of the Secretary with
respect to which review could have been obtained under this section
shall not be subject to judicial review in any civil or criminal
proceeding for enforcement.
SEC. 109. FEDERAL AND STATE DISTRIBUTION OF REVENUES.
(a) In General.--Notwithstanding any other provision of law, of the
amount of adjusted bonus, rental, and royalty revenues from oil and gas
leasing and operations authorized under this title--
(1) 50 percent shall be paid to the State of Alaska; and
(2) except as provided in section 112(d) and title II, the
balance shall be deposited into the Treasury as miscellaneous
receipts.
(b) Payments to Alaska.--Payments to the State of Alaska under this
section shall be made semiannually.
SEC. 110. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.
(a) Exemption.--Title XI of the Alaska National Interest Lands
Conservation Act of 1980 (16 U.S.C. 3161 et seq.) shall not apply to
the issuance by the Secretary under section 28 of the Mineral Leasing
Act (30 U.S.C. 185) of rights-of-way and easements across the Coastal
Plain for the transportation of oil and gas.
(b) Terms and Conditions.--The Secretary shall include in any
right-of-way or easement referred to in subsection (a) such terms and
conditions as may be necessary to ensure that transportation of oil and
gas does not result in a significant adverse effect on the fish and
wildlife, subsistence resources, their habitat, and the environment of
the Coastal Plain, including requirements that facilities be sited or
designed so as to avoid unnecessary duplication of roads and pipelines.
(c) Regulations.--The Secretary shall include in regulations under
section 103(g) provisions granting rights-of-way and easements
described in subsection (a) of this section.
SEC. 111. CONVEYANCE.
In order to maximize Federal revenues by removing clouds on title
to lands and clarifying land ownership patterns within the Coastal
Plain, the Secretary, notwithstanding the provisions of section
1302(h)(2) of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3192(h)(2)), shall convey--
(1) to the Kaktovik Inupiat Corporation the surface estate
of the lands described in paragraph 1 of Public Land Order
6959, to the extent necessary to fulfill the Corporation's
entitlement under section 12 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1611) in accordance with the terms
and conditions of the Agreement between the Department of the
Interior, the United States Fish and Wildlife Service, the
Bureau of Land Management, and the Kaktovik Inupiat Corporation
effective January 22, 1993; and
(2) to the Arctic Slope Regional Corporation the remaining
subsurface estate to which it is entitled pursuant to the
August 9, 1983, agreement between the Arctic Slope Regional
Corporation and the United States of America.
SEC. 112. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.
(a) Financial Assistance Authorized.--
(1) In general.--The Secretary may use amounts available
from the Coastal Plain Local Government Impact Aid Assistance
Fund established by subsection (d) to provide timely financial
assistance to entities that are eligible under paragraph (2)
and that are directly impacted by the exploration for or
production of oil and gas on the Coastal Plain under this
title.
(2) Eligible entities.--The North Slope Borough, Kaktovik,
and other boroughs, municipal subdivisions, villages, and any
other community organized under Alaska State law shall be
eligible for financial assistance under this section.
(b) Use of Assistance.--Financial assistance under this section may
be used only for--
(1) planning for mitigation of the potential effects of oil
and gas exploration and development on environmental, social,
cultural, recreational and subsistence values;
(2) implementing mitigation plans and maintaining
mitigation projects;
(3) developing, carrying out, and maintaining projects and
programs that provide new or expanded public facilities and
services to address needs and problems associated with such
effects, including firefighting, police, water, waste
treatment, medivac, and medical services; and
(4) establishment of a coordination office, by the North
Slope Borough, in the City of Kaktovik, which shall--
(A) coordinate with and advise developers on local
conditions, impact, and history of the areas utilized
for development; and
(B) provide to the Committee on Resources of the
Senate and the Committee on Energy and Resources of the
Senate an annual report on the status of coordination
between developers and the communities affected by
development.
(c) Application.--
(1) In general.--Any community that is eligible for
assistance under this section may submit an application for
such assistance to the Secretary, in such form and under such
procedures as the Secretary may prescribe by regulation.
(2) North slope borough communities.--A community located
in the North Slope Borough may apply for assistance under this
section either directly to the Secretary or through the North
Slope Borough.
(3) Application assistance.--The Secretary shall work
closely with and assist the North Slope Borough and other
communities eligible for assistance under this section in
developing and submitting applications for assistance under
this section.
(d) Establishment of Fund.--
(1) In general.--There is established in the Treasury the
Coastal Plain Local Government Impact Aid Assistance Fund.
(2) Use.--Amounts in the fund may be used only for
providing financial assistance under this section.
(3) Deposits.--Subject to paragraph (4), there shall be
deposited into the fund amounts received by the United States
as revenues derived from rents, bonuses, and royalties under on
leases and lease sales authorized under this title.
(4) Limitation on deposits.--The total amount in the fund
may not exceed $11,000,000.
(5) Investment of balances.--The Secretary of the Treasury
shall invest amounts in the fund in interest bearing government
securities.
(e) Authorization of Appropriations.--To provide financial
assistance under this section there is authorized to be appropriated to
the Secretary from the Coastal Plain Local Government Impact Aid
Assistance Fund $5,000,000 for each fiscal year.
TITLE II--ABANDONED MINE LANDS RECLAMATION REFORM
SEC. 201. SHORT TITLE.
This title may be cited as the ``Abandoned Mine Lands Reclamation
Reform Act of 2004''.
SEC. 202. AMENDMENTS TO SURFACE MINING ACT.
(a) Amendments to Section 401.--(1) Section 401 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) is amended
as follows:
(A) In subsection (c) by striking paragraphs (2) and (6)
and redesignating paragraphs (3) through (13) in order as
paragraphs (2) through (11).
(B) In subsection (e)--
(i) in the second sentence, by striking ``the needs
of such fund'' and inserting ``achieving the purposes
of the payments under section 402(h)''; and
(ii) in the third sentence, by inserting before the
period the following: ``for the purpose of the payments
under section 402(h)''.
(2) Section 712(b) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1302(b)) is amended by striking ``section
401(c)(11)'' and inserting ``section 401(c)(9)''.
(b) Amendments to Section 402.--Section 402 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended as
follows:
(1) In subsection (a)--
(A) by striking ``35'' and inserting ``28'';
(B) by striking ``15'' and inserting ``12''; and
(C) by striking ``10 cents'' and inserting ``8
cents''.
(2) In subsection (b) by striking ``2004'' and all that
follows through the end of the sentence and inserting
``2019.''.
(3) In subsection (g)(1)(D) by striking ``in any area under
paragraph (2), (3), (4), or (5)'' and inserting ``under
paragraph (5)''.
(4) Subsection (g)(2) is amended to read as follows:
``(2) In making the grants referred to in paragraph (1)(C)
and the grants referred to in paragraph (5), the Secretary
shall ensure strict compliance by the States and Indian tribes
with the priorities set forth in section 403(a) until a
certification is made under section 411(a).''.
(5) In subsection (g)(3)--
(A) in the matter preceding subparagraph (A) by
striking ``paragraphs (2) and'' and inserting
``paragraph'';
(B) in subparagraph (A) by striking ``401(c)(11)''
and inserting ``401(c)(9)''; and
(C) by adding at the end the following:
``(E) For the purpose of paragraph (8).''.
(6) In subsection (g)(5)--
(A) by inserting ``(A)'' before the first sentence;
(B) in the first sentence by striking ``40'' and
inserting ``60'';
(C) in the last sentence by striking ``Funds
allocated or expended by the Secretary under paragraphs
(2), (3), or (4),'' and inserting ``Funds made
available under paragraph (3) or (4)''; and
(D) by adding at the end the following:
``(B) Any amount that is reallocated and available under section
411(h)(3) shall be in addition to amounts that are allocated under
subparagraph (A).''.
(7) Subsection (g)(6) is amended to read as follows:
``(6)(A) Any State with an approved abandoned mine reclamation
program pursuant to section 405 may receive and retain, without regard
to the 3-year limitation referred to in paragraph (1)(D), up to 10
percent of the total of the grants made annually to such State under
paragraphs (1) and (5) if such amounts are deposited into an acid mine
drainage abatement and treatment fund established under State law, from
which amounts (together with all interest earned on such amounts) are
expended by the State for the abatement of the causes and the treatment
of the effects of acid mine drainage in a comprehensive manner within
qualified hydrologic units affected by coal mining practices.
``(B) For the purposes of this paragraph, the term `qualified
hydrologic unit' means a hydrologic unit--
``(i) in which the water quality has been significantly
affected by acid mine drainage from coal mining practices in a
manner that adversely impacts biological resources; and
``(ii) that contains lands and waters that are--
``(I) eligible pursuant to section 404 and include
any of the priorities set forth in section 403(a); and
``(II) the subject of expenditures by the State
from the forfeiture of bonds required under section 509
or from other State sources to abate and treat acid
mine drainage.''.
(8) Subsection (g)(7) is amended to read as follows:
``(7) In complying with the priorities set forth in section 403(a),
any State or Indian tribe may use amounts available in grants made
annually to such State or tribe under paragraphs (1) and (5) for the
reclamation of eligible lands and waters set forth in section 403(a)(3)
prior to the completion of reclamation projects under paragraphs (1)
and (2) of section 403(a) only if the expenditure of funds for such
reclamation is done in conjunction with the expenditure of funds for
reclamation projects under paragraphs (1) and (2) of section 403(a).''.
(9) Subsection (g)(8) is amended to read as follows:
``(8) In making the grants referred to in paragraph (1)(C), the
Secretary, using amounts allocated to a State or Indian tribe under
subparagraphs (A) or (B) of paragraph (1) or as necessary amounts
available to the Secretary under paragraph (3), shall assure total
grant awards of not less than $2,000,000 annually to each State,
including Tennessee, and each Indian tribe.''.
(10) By amending subsection (h) to read as follows:
``(h) Payment of Funds for Benefit Payments.--
``(1) In general.--Except as otherwise provided in this
subsection, at the beginning of each fiscal year, the Secretary
of the Interior shall pay from the fund--
``(A) the amount described in paragraph (3) for
such year to the Combined Fund,
``(B) the amount described in paragraph (4) for
such year to the 1992 Plan, and
``(C) the amount described in paragraph (5) for
such year to the 1993 Plan.
``(2) Payments may not exceed aggregate interest received
by fund.--The aggregate amount paid under paragraph (1) for any
fiscal year shall not exceed the lesser of--
``(A) the excess of--
``(i) the aggregate interest received by
the fund during all preceding fiscal years,
over
``(ii) the aggregate payments made under
paragraph (1) for all preceding fiscal years,
or
``(B) the unobligated balance of the fund as of the
close of the preceding fiscal year.
``(3) Payments to combined fund.--
``(A) In general.--The amount described in this
paragraph for any fiscal year is an amount equal to the
sum of--
``(i) the estimated expenditures to be
debited against the unassigned beneficiaries
premium account under section 9704(e) of the
Internal Revenue Code of 1986 for such fiscal
year, plus
``(ii) the estimated amount needed to
offset the amount of any deficit (as of the
close of the preceding fiscal year) in net
assets in the Combined Fund.
``(B) Certain pre-2001 premiums.--
``(i) In general.--The amount described in
this paragraph (without regard to this
subparagraph) for fiscal year 2004 shall be
increased by $36,000,000.
``(ii) Refunds.--Not later than January 31,
2005, the trustees of the Combined Fund shall
pay to each coal industry operator described in
clause (iii) (and to each related person with
respect to such an operator) an amount equal to
the aggregate amount paid by such operator (or
such related person) to the Combined Fund on or
before September 7, 2000, and not previously
refunded or credited, plus interest on such
amount calculated at the rate of 7.5 percent
per year. The aggregate amount paid under this
subparagraph shall not exceed $36,000,000.
``(iii) Coal industry operator described.--
A coal industry operator is described in this
clause if--
``(I) the operator's beneficiary
assignments have been voided by the
Commissioner of the Social Security
Administration; and
``(II) the operator brought an
action prior to September 7, 2000,
claiming that the assignment of
beneficiaries under section 9706 of the
Internal Revenue Code of 1986 was
unconstitutional as applied to such
operator and received a final judgment
or final settlement against such claim.
``(4) Payments to 1992 plan.--The amount described in this
paragraph for any fiscal year is an amount equal to the excess
of--
``(A) the estimated expenditures from the 1992 Plan
during such fiscal year to provide benefits required
under section 9712(c) of such Code, over
``(B) the estimated receipts of the 1992 Plan for
such fiscal year from payments required under
paragraphs (1)(B) and (3) of section 9712(d) of such
Code and from any security provided to the 1992 Plan
pursuant to section 9712(d)(1)(C) of such Code that is
available for use in the provision of benefits.
``(5) Payments to 1993 plan.--
``(A) In general.--The amount described in this
paragraph for any fiscal year is an amount equal to the
excess of--
``(i) the estimated expenditures from the
1993 Plan during such fiscal year to continue
to provide benefits at levels no greater than
those in effect on the date of enactment of
this paragraph, under the eligibility criteria
in effect on the date of enactment of this
paragraph, over
``(ii) the estimated income of the 1993
Plan for such fiscal year.
``(B) Limitation.--A payment shall not be made
under this paragraph for any fiscal year unless the
entities that are obligated as of the beginning of such
fiscal year to contribute to the 1993 Plan remain
obligated throughout such year to make such
contributions at rates that are no less than those in
effect on the date of enactment of this paragraph.
``(6) Refunds of 2004 premiums, etc.--Not later than
December 1, 2004, the Secretary of the Interior shall pay from
the fund to each specified person (as defined in section
415(d)(2)) an amount equal to the amount of premiums or
assigned operator contributions paid by such person for fiscal
year 2004.
``(7) Ordering rules where specified payments exceed
limitation.--
``(A) In general.--Amounts shall be paid under
paragraphs (4), (5), or (6) for any fiscal year only to
the extent that the limitation under paragraph (2) for
such year exceeds the sum of--
``(i) the estimated payments to be made
under paragraph (3) for such year, and
``(ii) the estimated payments to be made
under paragraph (3) for the succeeding fiscal
year.
``(B) Proportional reduction.--Payments under
paragraphs (4), (5), and (6) shall be proportionally
reduced to the extent the full amount of such payments
may not be made by reason of subparagraph (A).
``(8) Estimates and adjustments.--
``(A) Estimates.--Estimated amounts with respect to
any fund or plan shall be made by the trustees thereof.
``(B) Adjustments.--If, for any fiscal year, the
amount paid under paragraph (3), (4), or (5) is more or
less than the amount required to be paid, the Secretary
of the Interior shall appropriately adjust the amount
paid under that paragraph for the next fiscal year.
``(9) Definitions.--For purposes of this subsection--
``(A) Combined fund.--The term `Combined Fund'
means the United Mine Workers of America Combined
Benefit Fund established under section 9702 of the
Internal Revenue Code of 1986.
``(B) 1992 plan.--The term `1992 Plan' means the
United Mine Workers of America 1992 Benefit Plan
established under section 9712 of such Code.
``(C) 1993 plan.--The term `1993 Plan' means the
multiemployer health benefit plan established after
July 20, 1992, by the persons referred to in section
9701(b)(2) of such Code.
``(10) Coordination with premium relief.--
``(A) In general.--Payments shall be made under
this subsection for any fiscal year only if the
Secretary reasonably expects that no premium will be
required to be paid during such year under section 9704
of the Internal Revenue Code of 1986 by reason of
payments under section 415(c)(3) of this Act.
``(B) Restoration of prior transfer rules when
premium relief ceases.--If fees are required to be paid
under this section with respect to any fiscal year for
which payments may not be made under this subsection by
reason of subparagraph (A), the Secretary shall, as of
the beginning of such fiscal year and before any
allocation under subsection (g), make the transfer
provided in subparagraph (C).
``(C) Transfer to combined fund.--The Secretary
shall transfer from the fund to the United Mine Workers
of America Combined Benefit Fund established under
section 9702 of the Internal Revenue Code of 1986 for
any fiscal year an amount equal to the sum of--
``(i) the amount of the interest which the
Secretary estimates will be earned and paid to
the Fund during the fiscal year, plus
``(ii) the amount by which the amount
described in clause (i) is less than
$70,000,000.
``(D)(i) The aggregate amount which may be
transferred under subparagraph (C) for any fiscal year
shall not exceed the amount of expenditures which 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 for the fiscal year of the Combined Fund in which
the transfer is made.
``(ii) The aggregate amount which may be
transferred under subparagraph (C)(ii) for all fiscal
years shall not exceed an amount equivalent to all
interest earned and paid to the fund after September
30, 1992, and before October 1, 1995.
``(E) If, for any fiscal year, the amount
transferred is more or less than the amount required to
be transferred, the Secretary shall appropriately
adjust the amount transferred for the next fiscal
year.''
(c) Amendments to Section 403.--Section 403 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)) is amended as
follows:
(1) In subsection (a)--
(A) in paragraph (1) by striking ``general
welfare,'';
(B) in paragraph (2) by striking ``health, safety,
and general welfare'' and inserting ``health and
safety'', and inserting ``and'' after the semicolon at
the end;
(C) in paragraph (3) by striking the semicolon at
the end and inserting a period; and
(D) by striking paragraphs (4) and (5).
(2) In subsection (b)--
(A) by striking the heading and inserting ``Water
Supply Restoration.--''; and
(B) in paragraph (1) by striking ``up to 30 percent
of the''.
(3) In subsection (c) by inserting ``, subject to the
approval of the Secretary,'' after ``amendments''.
(d) Amendment to Section 406.--Section 406(h) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1236(h)) is amended by
striking ``Soil Conservation Service'' and inserting ``Natural
Resources Conservation Service''.
(e) Further Amendment to Section 406.--Section 406 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236) is amended
by adding at the end the following:
``(i) There is authorized to be appropriated to the Secretary of
Agriculture, from amounts in the Treasury other than amounts in the
fund, such sums as may be necessary to carry out this section.''.
(f) Amendment to Section 408.--Section 408(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1238) is amended by
striking ``who owned the surface prior to May 2, 1977, and''.
(g) Amendments to Section 411.--Section 411 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1240a) is amended as
follows:
(1) In subsection (a) by inserting ``(1)'' before the first
sentence, and by adding at the end the following:
``(2) The Secretary may, on the Secretary's own volition, make the
certification referred to in paragraph (1) on behalf of any State or
Indian tribe referred to in paragraph (1) if on the basis of the
inventory referred to in section 403(c) all reclamation projects
relating to the priorities set forth in section 403(a) for eligible
lands and water pursuant to section 404 in such State or tribe have
been completed. The Secretary shall only make such certification after
notice in the Federal Register and opportunity for public comment.''.
(2) By adding at the end the following:
``(h) State Share for Certain Certified States.--(1)(A) From moneys
referred to in subsection (a) of section 35 of the Mineral Leasing Act
(30 U.S.C. 191(a)) that are paid into the Treasury after the date of
the enactment of this subsection and that are not paid to States under
section 35 of the Mineral Leasing Act or reserved as part of the
reclamation fund under such section, the Secretary of the Interior
shall pay to each qualified State, on a proportional basis, an amount
equal to the sum of the aggregate unappropriated amount allocated to
such qualified State under section 402(g)(1)(A).
``(B) In this paragraph the term `qualified State' means a State
for which a certification is made under subsection (a) and in which
there are public domain lands available for leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq.).
``(2) Payments to States under this subsection shall be made,
without regard to any limitation in section 401(d), in the same manner
as if paid under section 35 of the Mineral Leasing Act (30 U.S.C. 191)
and concurrently with payments to States under that section. The funds
distributed under this section shall be referred to as the `Cubin-
Thomas Mineral Fund'.
``(3) The amount allocated to any State under section 402(g)(1)(A)
that is paid to such State as a result of a payment under paragraph (1)
of this subsection shall be reallocated and available for grants under
section 402(g)(5).''.
SEC. 203. USE OF REVENUES FROM COASTAL PLAIN.
(a) Use of Revenues.--Title IV of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended by adding
at the end the following:
``SEC. 415. USE OF REVENUES FROM COASTAL PLAIN OF ALASKA.
``(a) Coal Mining Fairness Fund.--There is established in the
Treasury a separate account to be known as the `Coal Mining Fairness
Fund' (hereafter in this section referred to as the `Account').
``(b) Appropriations to Account.--
``(1) In general.--There are hereby appropriated to the
Account amounts equivalent to the amounts received by the
United States as bonuses, rents, or royalties from the
exploration, development, and production of the oil and gas
resources of the Coastal Plain, that are not required to be
otherwise paid or deposited under section 109(a) or 112(d) of
the Arctic Coastal Plain Domestic Energy Security Act of 2004.
``(2) Repayable advances.--
``(A) In general.--There are hereby appropriated to
the Account for each fiscal year as a repayable advance
an amount equal to the excess (if any) of--
``(i) the expenditures required under
subsection (c) for such year, over
``(ii) the amount appropriated by paragraph
(1) for such year.
``(B) Repayment of advances.--
``(i) In general.--Advances made to the
Account shall be repaid, and interest on such
advances shall be paid, to the general fund of
the Treasury when the Secretary of the Interior
determines that moneys are available for such
purposes in the Account.
``(ii) Final repayment.--No advance shall
be made to the Account after December 31, 2007,
and all advances to the Account shall be repaid
on or before September 30, 2009.
``(C) Rate of interest.--Interest on advances made
to the Account shall be at a rate determined by the
Secretary of the Treasury (as of the close of the
calendar month preceding the month in which the advance
is made) to be equal to the current average market
yield on outstanding marketable obligations of the
United States with remaining periods to maturity
comparable to the anticipated period during which the
advance will be outstanding and shall be compounded
annually.
``(c) Expenditures.--
``(1) Combined fund.--The Secretary of the Interior shall
pay from the Account to the Combined Fund amounts necessary
(after the payments under section 402(h)) to meet the
obligations of the Combined Fund.
``(2) Refunds of 2004 premiums, etc.--Not later than
December 1, 2004, the Secretary of the Interior shall pay from
the Account to each specified person an amount equal to the
amount of premiums or assigned operator contributions paid by
such person for fiscal year 2004 to the extent such premiums
and contributions have not been refunded under section
402(h)(6).
``(3) Premiums, etc. otherwise payable after 2004.--
``(A) In general.--At the beginning of each fiscal
year after fiscal year 2004, the Secretary of the
Interior shall pay from the Account to the Combined
Fund an amount equal to the amount of premiums or
assigned operator contributions which would (but for
subparagraph (B)) be required to be paid by specified
persons for such fiscal year.
``(B) Waiver of liability.--For waiver of liability
for amounts paid under subparagraph (A), see section
9704(j) of the Internal Revenue Code of 1986.
``(4) 1992 plan.--The Secretary of the Interior shall pay
from the Account to the 1992 Plan (as defined in section
402(h)) amounts necessary (after the appropriations under
section 402(h)) to pay the amounts described in section
402(h)(4).
``(5) 1993 plan.--The Secretary of the Interior shall pay
from the Account to the 1993 Plan amounts necessary (after the
appropriations under section 402(h)) to pay the amounts
described in section 402(h)(5).
``(6) Qualified states.--
``(A) In general.--The Secretary of the Interior
shall pay from the Account to each qualified State an
amount equal to the sum of the aggregate unappropriated
amount allocated to such qualified State under
subparagraph (A) or (B), as applicable, of section
402(g)(1).
``(B) Reallocation.--The amount allocated to any
qualified State under section 402(g)(1) that is paid to
such qualified State as a result of a payment under
subparagraph (A) shall be reallocated and available for
grants under section 402(g)(5).
``(d) Definitions.--For purposes of this section--
``(1) Coastal plain.--The term `Coastal Plain' has the
meaning given that term in section 102 of the Arctic Coastal
Plain Domestic Energy Security Act of 2004.
``(2) Specified person.--The term `specified person' means
an assigned operator (as defined in section 9701(c)(5) of the
Internal Revenue Code of 1986), a related person of such
assigned operator, and a successor-in-interest of such operator
or person, if according to the records of the Combined Fund
such assigned operator--
``(A) was assessed or is otherwise liable for
premiums to the Combined Fund in October 2001, and
``(B) was not--
``(i) a signatory to the 1988 or any later
National Bituminous Coal Wage Agreement,
``(ii) a signatory to an agreement (other
than the National Coal Mine Construction
Agreement or the Coal Haulers' Agreement)
containing pension and health care contribution
and benefit provisions that are identical to
those contained in the 1988 National Bituminous
Coal Wage Agreement, or
``(iii) an employer from which
contributions were actually received after 1987
and before July 20, 1992, by the 1950 United
Mine Workers of America Benefit Plan Benefit
Plan or the 1974 United Mine Workers of America
Benefit Plan in connection with employment in
the coal industry during the period covered by
the 1988 National Bituminous Coal Wage
Agreement.
``(3) Combined fund.--The term `Combined Fund' means the
United Mine Workers of America of America Combined Benefit Fund
established under section 9702 of the Internal Revenue Code of
1986.
``(4) Qualified state.--The term `qualified State' means a
State--
``(A) for which a certification is made under
subsection 411(a); and
``(B) in which there are no public domain lands, in
the case of a State.''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended by inserting after the item relating to section
414 the following:
``415. Use of revenues from Coastal Plain of Alaska.''.
SEC. 204. PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS TITLE.
(a) Transition.--(1) Amounts allocated under section 402(g)(2) of
the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(g)(2)) (excluding interest) prior to the date of enactment of this
Act for the program set forth under section 406 of that Act (30 U.S.C.
1236), but not appropriated prior to such date, shall be available in
fiscal year 2005 and thereafter for the payments referred to in section
402(h)(1) of such Act (30 U.S.C. 1232(h)), as amended by this Act, in
the same manner as are other amounts available for such payments.
(2) Notwithstanding any other provision of law, interest credited
to the fund established by section 401 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1231) that is not transferred to
the Combined Fund referred to in section 402(h) of such Act (30 U.S.C.
1232(h)), as amended by this Act, prior to the date of enactment of
this Act shall be available in fiscal year 2004 and thereafter for the
payments referred to in section 402(h)(1) of such Act (30 U.S.C.
1232(h)), as amended by this Act, in the same manner as are other
amounts available for such payments.
(3) Amounts shall be available as provided in paragraphs (1) and
(2) only to the extent that the amounts payable under section 402(h)(1)
of such Act without regard to the limitation in section 402(h)(2) of
such Act exceed such limitation.
(4) Amounts shall be available as provided in paragraphs (1) and
(2) for any fiscal year only if the Secretary of the Interior
reasonably expects that no premium will be required to be paid during
such year under section 9704 of the Internal Revenue Code of 1986 by
reason of payments under section 415(c)(3) of this Act.
(b) Inventory.--Within one year after the date of enactment of this
Act, the Secretary of the Interior shall complete a review of all
additions made, pursuant to amendments offered by States and Indian
tribes after December 31, 1998, to the inventory referred to in section
403(c) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(c)) to ensure that such additions reflect eligible lands
and waters pursuant to section 404 of such Act (30 U.S.C. 1234) that
meet the priorities set forth in paragraphs (1) and (2) of section
403(a) of such Act (30 U.S.C. 1233(a)(1) and (2)), and are correctly
identified pursuant to such priorities. Any lands or waters that were
included in the inventory pursuant to the general welfare standard set
forth in section 403(a) of such Act (30 U.S.C. 1233(a)) before the date
of enactment of this Act that are determined in the review to no longer
meet the criteria set forth in paragraphs (1) and (2) of section 403(a)
of such Act, as amended by this Act, shall be removed from the
inventory.
(c) Clarification.--For the purposes of section 528(2) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1278(2)),
the term ``government-financed'' shall not include funds made available
under title IV of such Act.
(d) Payment of Tribal.--(1) Notwithstanding any other provision of
law and by not later than December 31, 2004, the Secretary of the
Interior shall use amounts allocated under section 402(g)(2) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(g)(2)) (excluding interest) prior to the date of enactment of this
Act for the program set forth under section 406 of that Act (30 U.S.C.
1236), but not appropriated prior to such date, to pay an amount
determined in accordance with paragraph (2) to any Indian tribe that
has made the certification referred to in section 411 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a).
(2) The payment to an Indian tribe under paragraph (1) shall not
exceed the aggregate unappropriated amount allocated to such tribe
under section 402(g)(1)(B) of such Act (43 U.S.C. 1232(g)(1)(B)) as of
the date of the enactment of this Act, and shall be made in lieu of
payment of such aggregate allocated amount.
(e) Remining.--
(1) Extension of authority.--Section 511(e) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1260(e))
is amended by striking ``2004'' and inserting ``2019''.
(2) Savings clause.--Except as provided in paragraph (1),
nothing in this section shall be considered to modify or amend
any provision of law governing coal remining.
(f) Ensuring Availability of Mineral Leasing Act Revenues.--Section
949(a)(1) of the Energy Policy Act of 2004 is amended by inserting
``(A)'' before the first sentence, and by adding at the end the
following:
``(B) Amounts derived from leases issued under the Mineral
Leasing Act shall be deposited under subparagraph (A) for a
fiscal year only to the extent that amounts derived from leases
issued under the Outer Continental Shelf Lands Act and
available for such deposit for the fiscal year (after
distribution of any such funds as described in subsection (c))
are less than $150,000,000.''.
TITLE III--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
SEC. 301. WAIVER OF PREMIUMS FOR CERTAIN OPERATORS.
(a) In General.--Section 9704 of the Internal Revenue Code of 1986
(relating to liability of assigned operators) is amended by adding
after subsection (i) the following new subsection:
``(j) Waiver of Premiums for Certain Operators.--No premium shall
be required to be paid under this section to the extent of the amount
of such premium which is paid under section 415 of the Surface Mining
Control and Reclamation Act of 1977.''
(b) Use of Amounts Paid From Abandoned Mine Reclamation Fund.--
Paragraph (2) of section 9705(b) of such Code is amended to read as
follows:
``(2) Use of funds.--Any amount transferred under paragraph
(1) for any fiscal year shall be used as provided in such
section 402(h) (as in effect on the date of the enactment of
the Abandoned Mine Lands Reclamation Reform Act of 2004).''.
SEC. 302. PREPAYMENT OF PREMIUM LIABILITY FOR COAL INDUSTRY HEALTH
BENEFITS.
(a) In General.--Section 9704 of the Internal Revenue Code of 1986
(relating to liability of assigned operators) is amended by adding at
the end the following new subsection:
``(k) Prepayment of Premium Liability.--
``(1) In general.--If--
``(A) a payment meeting the requirements of
paragraph (2) is made to the Combined Fund--
``(i) by or on behalf of any assigned
operator which is a member of a controlled
group of corporations (within the meaning of
section 52(a)) the common parent of which is a
corporation the shares of which are publicly
traded on a United States exchange, or
``(ii) by or on behalf of any related
person to any assigned operator within that
controlled group of corporations, and
``(B) the common parent of such group is jointly
and severally liable for any premium which would (but
for this subsection) be required to be paid by any such
operator,
then no person (other than such common parent) shall be liable
for any premium for which any operator within that controlled
group of corporations would otherwise be liable.
``(2) Requirements.--A payment meets the requirements of
this paragraph if--
``(A) the amount of the payment is not less than
the present value of the total premium liability of the
assigned operator or operators within that controlled
group of corporations for its or their assignees under
this chapter with respect to the Combined Fund (as
determined by the operator's enrolled actuary, as
defined in section 7701(a)(35)), using actuarial
methods and assumptions each of which is reasonable and
which are reasonable in the aggregate, as determined by
such enrolled actuary;
``(B) a signed actuarial report is filed with the
Secretary of Labor by such enrolled actuary
containing--
``(i) the date of the actuarial valuation
applicable to the report; and
``(ii) a statement by the enrolled actuary
signing the report that to the best of the
actuary's knowledge the report is complete and
accurate and that in the actuary's opinion the
actuarial assumptions used are in the aggregate
reasonably related to the experience of the
operator and to reasonable expectations; and
``(C) 30 calendar days have elapsed after the
report required by subparagraph (B) is filed with the
Secretary of Labor, and the Secretary of Labor has not
notified the assigned operator in writing that the
requirements of this paragraph have not been satisfied.
``(3) Use of prepayment.--The Combined Fund shall establish
and maintain an account for each assigned operator making such
payment or on behalf of which such payment was made (with
earnings thereon) and use all amounts in such account
exclusively to pay premiums that would (but for this
subsection) be required to be paid by the assigned operator.
Upon termination of the obligations for premium liability of
any assigned operator for which such account is maintained, all
funds remaining in such account (and earnings thereon) shall be
refunded to such entity as may be designated by the common
parent described in paragraph (1)(B).''.
(b) Joint and Several Liability of Related Persons.--Section
9711(c) of such Code is amended to read as follows:
``(c) Joint and Several Liability of Related Persons.--
``(1) Each related person of a last signatory operator to
which subsection (a) or (b) applies shall be jointly and
severally liable with the last signatory operator for the
provision of health care coverage described in subsection (a)
or (b), provided, however, that an assigned operator who is a
last signatory operator under section 9711 and a member of a
controlled group of corporations (within the meaning of section
52(a)) or a related person to any assigned operator within that
controlled group of corporations, that has met the requirements
of section 9704(k) (1) and (2) and has provided security
described in paragraph 9711(c)(2), shall be relieved of all
such joint and several liability as of the date upon which such
requirements are met, provided, however, that the common parent
of such controlled group of corporations shall remain liable
for the provision of benefits required to be provided under
subsection (a) or (b).
``(2) Security meets the requirements of this paragraph
if--
``(A) the security (in the form of a bond, letter
of credit or cash escrow) is provided to the trustees
of the 1992 UMWA Benefit Plan, solely for the purpose
of paying premiums for beneficiaries described in
section 9712(b)(2)(B), equal in amount to 1 year's
liability of the last signatory operator under section
9711, determined by using the average cost of such
operator's liability during its prior 3 calendar years;
``(B) the security is in addition to any other
security required under any other provision of this
Act; and
``(C) the security remains in place for 5 years.
``(3) Upon termination of the obligations of the last
signatory operator providing such security or the expiration of
5 years, whichever occurs first, the full amount of such
security (and earnings thereon) shall be refunded to the last
signatory operator.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 303. DEFINITION OF SUCCESSOR IN INTEREST.
(a) In General.--Subsection (c) of section 9701 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(8) Successor in interest.--
``(A) Safe harbor.--The term `successor in
interest' shall not include any person--
``(i) who is an unrelated person to a
seller; and
``(ii) who purchases for fair market value
assets, or all the stock of a related person,
in a bona fide, arm's-length sale which is
subject to section 5 of the Securities Act of
1933 (15 U.S.C. 77f et seq.) or the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.).
``(B) Unrelated person.--The term `unrelated
person' means a purchaser who does not bear a
relationship to the seller described in section
267(b).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to transactions after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Resources, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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