[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2616 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2616
To amend the Surface Mining Control and Reclamation Act of 1977 and the
Mineral Leasing Act to improve surface mining control and reclamation,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 7, 2006
Mr. Santorum (for himself and Mr. Specter) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Surface Mining Control and Reclamation Act of 1977 and the
Mineral Leasing Act to improve surface mining control and reclamation,
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Surface Mining
Control and Reclamation Act Amendments of 2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MINING CONTROL AND RECLAMATION
Sec. 101. Abandoned Mine Reclamation Fund and purposes.
Sec. 102. Reclamation fee.
Sec. 103. Objectives of Fund.
Sec. 104. Reclamation of rural land.
Sec. 105. Liens.
Sec. 106. Certification.
Sec. 107. Remining incentives.
Sec. 108. Extension of limitation on application of prohibition on
issuance of permit.
TITLE II--MINERAL LEASING
Sec. 201. Mineral Leasing.
TITLE III--COAL INDUSTRY RETIREE HEALTH BENEFIT ACT
Sec. 301. Certain related persons and successors in interest relieved
of liability if premiums prepaid.
Sec. 302. Transfers to funds; premium relief.
Sec. 303. Other provisions.
TITLE I--MINING CONTROL AND RECLAMATION
SEC. 101. ABANDONED MINE RECLAMATION FUND AND PURPOSES.
(a) In General.--Section 401 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231) is amended--
(1) in subsection (c)--
(A) by striking paragraphs (2) and (6); and
(B) by redesignating paragraphs (3), (4), and (5)
and paragraphs (7) through (13) as paragraphs (2)
through (11), respectively;
(2) in subsection (d), by striking ``Moneys'' and inserting
``Except as provided in subsection (f), moneys'';
(3) in subsection (e)--
(A) in the second sentence, by striking ``the needs
of such fund'' and inserting ``achieving the purposes
of the transfers under section 402(h)''; and
(B) in the third sentence, by inserting before the
period the following: ``for the purpose of the
transfers under section 402(h)''; and
(4) by adding at the end the following:
``(f) General Limitation on Obligation Authority.--
``(1) In general.--From amounts deposited into the fund
under subsection (b), the Secretary shall distribute during
each fiscal year beginning after September 30, 2007, an amount
determined under paragraph (2).
``(2) Amounts.--
``(A) For fiscal years 2008 through 2022.--For each
of fiscal years 2008 through 2022, the amount
distributed by the Secretary under this subsection
shall be equal to--
``(i) the amount deposited into the fund
under subsection (b) for the preceding fiscal
year; minus
``(ii) the amount expended by the Secretary
under section 402(g)(3)(D) for the preceding
fiscal year.
``(B) Fiscal years 2023 and thereafter.--For fiscal
year 2023 and each fiscal year thereafter, to the
extent that funds are available, the Secretary shall
distribute an amount equal to the amount distributed
under subparagraph (A) during fiscal year 2022.
``(3) Distribution.--For each fiscal year, of the amount to
be distributed pursuant to paragraph (2), the Secretary shall
distribute--
``(A) the amount allocated under section 402(g)(5),
plus any amount reallocated under section 411(h)(4),
for grants to States and Indian tribes under section
402(g)(5);
``(B) from any amounts not distributed under
subparagraph (A), the amount allocated under section
402(g)(8); and
``(C) from any amounts not distributed under
subparagraphs (A) and (B), in any area under section
402(g)(3) or 402(g)(4).
``(4) Availability.--Amounts in the fund available to the
Secretary for obligation under this subsection shall be
available until expended.
``(5) Addition.--
``(A) In general.--Subject to subparagraph (B), the
amount distributed under this subsection for each
fiscal year shall be in addition to the amount
appropriated from the fund during the fiscal year.
``(B) Exceptions.--Notwithstanding paragraph (3),
the amount distributed under this subsection for the
first 4 fiscal years beginning on and after October 1,
2007, shall be equal to the following percentage of the
amount otherwise required to be distributed:
``(i) 50 percent in fiscal year 2008.
``(ii) 50 percent in fiscal year 2009.
``(iii) 75 percent in fiscal year 2010.
``(iv) 75 percent in fiscal year 2011.''.
(b) Conforming Amendment.--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)''.
SEC. 102. RECLAMATION FEE.
(a) Amounts.--
(1) Fiscal years 2008-2012.--Effective October 1, 2007,
section 402(a) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(a)) is amended--
(A) by striking ``35'' and inserting ``31.5'';
(B) by striking ``15'' and inserting ``13.5''; and
(C) by striking ``10 cents'' and inserting ``9
cents''.
(2) Fiscal years 2013-2021.--Effective October 1, 2012,
section 402(a) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(a)) (as amended by paragraph (1))
is amended--
(A) by striking ``31.5'' and inserting ``28'';
(B) by striking ``13.5'' and inserting ``12''; and
(C) by striking ``9 cents'' and inserting ``8
cents''.
(b) Duration.--Effective June 30, 2006, section 402(b) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b))
is amended by striking ``June 30, 2006'' and all that follows through
the end of the sentence and inserting ``September 30, 2021.''.
(c) Allocation of Funds.--Section 402(g) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)) is amended--
(1) in paragraph (1)(D)--
(A) by inserting ``(except for grants awarded
during fiscal years 2008, 2009, and 2010 to the extent
not expended within 5 years)'' after ``this
paragraph''; and
(B) by striking ``in any area under paragraph (2),
(3), (4), or (5)'' and inserting ``under paragraph
(5)'';
(2) by striking paragraph (2) and inserting:
``(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
described in section 403(a) until a certification is made under section
411(a).'';
(3) in paragraph (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).'';
(4) in paragraph (5)--
(A) by inserting ``(A)'' after ``(5)'';
(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).''; and
(5) by striking paragraphs (6) through (8) and inserting
the following:
``(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 30
percent of the total of the grants made annually to the State under
paragraphs (1) and (5) if those 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 the 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) In 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 land and water that are--
``(I) eligible pursuant to section 404 and include
any of the priorities described 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 States sources to abate and treat acid
mine drainage.
``(7) In complying with the priorities described in section 403(a),
any State or Indian tribe may use amounts available in grants made
annually to the State or tribe under paragraphs (1) and (5) for the
reclamation of eligible land and water described in section 403(a)(3)
before the completion of reclamation projects under paragraphs (1) and
(2) of section 403(a) only if the expenditure of funds for the
reclamation is done in conjunction with the expenditure of funds for
reclamation projects under paragraphs (1) and (2) of section 403(a).
``(8)(A) In making the grants referred to in paragraph (1)(C), the
Secretary, using amounts allocated to a State or Indian tribe under
subparagraph (A) or (B) of paragraph (1) or to the extent amounts are
available to the Secretary under section 401(f), shall ensure that the
total grant awards of not less than $3,000,000 annually are made to
each State and each Indian tribe.
``(B) Notwithstanding any other provision of law, this paragraph
applies to the States of Tennessee and Missouri.''.
(d) Transfers of Interest Earned by Abandoned Mine Reclamation
Fund.--Section 402 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232) is amended by striking subsection (h) and
inserting the following:
``(h) Transfers of Interest Earned by Fund.--
``(1) In general.--
``(A) Transfers to combined benefit fund.--As soon
as practicable after the beginning of fiscal year 2007
and each fiscal year thereafter, and before making any
allocation with respect to the fiscal year under
subsection (g), the Secretary shall use an amount not
to exceed the amount of interest that the Secretary
estimates will be earned and paid to the fund during
the fiscal year to make the transfer described in
paragraph (2)(A).
``(B) Transfers to 1992 and 1993 plans.--As soon as
practicable after the beginning of fiscal year 2008 and
each fiscal year thereafter, and before making any
allocation with respect to the fiscal year under
subsection (g), the Secretary shall use an amount not
to exceed the amount of interest that the Secretary
estimates will be earned and paid to the fund during
the fiscal year (reduced by the amount used under
subparagraph (A)) to make the transfers described in
paragraphs (2)(B) and (2)(C).
``(2) Transfers described.--The transfers referred to in
paragraph (1) are the following:
``(A) United mine workers of america combined
benefit fund.--A transfer to the United Mine Workers of
America Combined Benefit Fund equal to the amount that
the trustees of the Combined Benefit Fund estimate will
be expended from the fund for the fiscal year in which
the transfer is made, reduced by--
``(i) the amount the trustees of the
Combined Benefit Fund estimate the Combined
Benefit Fund will receive during the fiscal
year in--
``(I) required premiums; and
``(II) payments paid by Federal
agencies in connection with benefits
provided by the Combined Benefit Fund;
and
``(ii) the amount the trustees of the
Combined Benefit Fund estimate will be expended
during the fiscal year to provide health
benefits to beneficiaries who are unassigned
beneficiaries solely as a result of the
application of section 9706(h)(1) of the
Internal Revenue Code of 1986, but only to the
extent that such amount does not exceed the
amounts described in section 35(c)(1) of the
Mineral Leasing Act (30 U.S.C. 191(c)) that the
Secretary estimates will be available to pay
such estimated expenditures.
``(B) United mine workers of america 1992 benefit
plan.--A transfer to the United Mine Workers of America
1992 Benefit Plan, in an amount equal to the difference
between--
``(i) the amount that the trustees of the
1992 UMWA Benefit Plan estimate will be
expended from the 1992 UMWA Benefit Plan during
the next calendar year to provide the benefits
required by the 1992 UMWA Benefit Plan on the
date of enactment of this subparagraph; minus
``(ii) the amount that the trustees of the
1992 UMWA Benefit Plan estimate the 1992 UMWA
Benefit Plan will receive during the next
calendar year in required monthly per
beneficiary premiums, including the amount of
any security provided to the 1992 UMWA Benefit
Plan that is available for use in the provision
of benefits.
``(C) Multiemployer health benefit plan.--A
transfer to the Multiemployer Health Benefit Plan
established after July 20, 1992, by the parties that
are the settlors of the 1992 UMWA Benefit Plan referred
to in subparagraph (B), in an amount equal to--
``(i) the amount that the trustees of the
Multiemployer Health Benefit Plan estimate will
be expended from the Plan during the next
calendar year, to provide benefits no greater
than those provided by the Plan as of December
31, 2006; and
``(ii) calculated with respect to 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.
``(D) Individuals considered enrolled.--For
purposes of subparagraph (C), any individual who was
eligible to receive benefits from the Plan as of the
date of enactment of this subsection, even though
benefits were being provided to the individual pursuant
to a settlement agreement approved by order of a
bankruptcy court entered on or before September 30,
2004, will be considered to be actually enrolled in the
Plan and shall receive benefits from the Plan beginning
on December 31, 2006.
``(3) Adjustment.--If, for any fiscal year, the amount of a
transfer under subparagraph (A), (B), or (C) of paragraph (2)
is more or less than the amount required to be transferred
under that subparagraph, the Secretary shall appropriately
adjust the amount transferred under that subparagraph for the
next fiscal year.
``(4) Additional amounts.--
``(A) Previously credited interest.--
Notwithstanding any other provision of law, any
interest credited to the fund that has not previously
been transferred to the Combined Benefit Fund referred
to in paragraph (2)(A) under this section shall be
used--
``(i) to transfer to the Combined Benefit
Fund such amounts as are estimated by the
trustees of the Combined Benefit Fund to offset
the amount of any deficit in net assets in the
Combined Benefit Fund; and
``(ii) to the extent any such interest
remains after the transfer under clause (i), to
make the transfers described in subparagraphs
(A), (B), and (C) of paragraph (2).
``(B) Previously allocated amounts.--All amounts
allocated under subsection (g)(2) before the date of
enactment of this subparagraph for the program
described in section 406, but not appropriated before
that date, shall be available to the Secretary to make
the transfers described in paragraph (2).
``(5) Limitations.--
``(A) Availability of funds for next fiscal year.--
The Secretary may make transfers under subparagraphs
(B) and (C) of paragraph (2) for a calendar year only
if the Secretary determines, using actuarial
projections provided by the trustees of the Combined
Benefit Fund referred to in paragraph (2)(A), that
amounts will be available under paragraph (1), after
the transfer, for the next fiscal year for making the
transfer under paragraph (2)(A).
``(B) Rate of contributions of obligors.--
``(i) In general.--
``(I) Rate.--A transfer under
paragraph (2)(C) shall not be made for
a calendar year unless the persons that
are obligated to contribute to the plan
referred to in paragraph (2)(C) on the
date of the transfer are obligated to
make the contributions at rates that
are no less than those in effect on the
date of enactment of this subsection.
``(II) Application.--The
contributions described in subclause
(I) shall be applied first to the
provision of benefits to those plan
beneficiaries who are not described in
paragraph (2)(C)(ii).
``(ii) Initial contributions.--From the
date of enactment of the Surface Mining Control
and Reclamation Act Amendments of 2006 through
December 31, 2010, the persons that, on the
date of enactment of that Act, are obligated to
contribute to the plan referred to in paragraph
(2)(C) shall be obligated, collectively, to
make contributions equal to the amount required
to be transferred under paragraph (2)(C), less
the amount actually transferred due to the
operation of subparagraph (C).
``(iii) Division.--The collective annual
contribution obligation required under clause
(ii) shall be divided among the persons subject
to the obligation, and applied uniformly, based
on the hours worked for which contributions
referred to in clause (i) would be owed.
``(C) Phase-in of transfers.--For each of calendar
years 2008 through 2010, the transfers required under
subparagraphs (B) and (C) of paragraph (2) shall equal
the following amounts:
``(i) For calendar year 2008, the Secretary
shall make transfers equal to 25 percent of the
amounts that would otherwise be required under
subparagraphs (B) and (C) of paragraph (2).
``(ii) For calendar year 2009, the
Secretary shall make transfers equal to 50
percent of the amounts that would otherwise be
required under subparagraphs (B) and (C) of
paragraph (2).
``(iii) For calendar year 2010, the
Secretary shall make transfers equal to 75
percent of the amounts that would otherwise be
required under subparagraphs (B) and (C) of
paragraph (2).''.
SEC. 103. OBJECTIVES OF FUND.
Section 403 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1233) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``general
welfare,'';
(B) in paragraph (2)--
(i) by striking ``health, safety, and
general welfare'' and inserting ``health and
safety''; and
(ii) by 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 subsection heading and
inserting ``Water Supply Restoration.--''; and
(B) in paragraph (1), by striking ``up to 30
percent of the''; and
(3) in the second sentence of subsection (c), by inserting
``, subject to the approval of the Secretary,'' after
``amendments''.
SEC. 104. RECLAMATION OF RURAL LAND.
(a) Administration.--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''.
(b) Authorization of Appropriations for Carrying Out Rural Land
Reclamation.--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 are 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.''.
SEC. 105. LIENS.
Section 408(a) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1238) is amended in the last sentence by striking ``who
owned the surface prior to May 2, 1977, and''.
SEC. 106. CERTIFICATION.
Section 411 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1240a) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before the first sentence;
and
(B) by adding at the end the following:
``(2)(A) The Secretary may, on the initiative of the Secretary,
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 described in section 403(a) for eligible
land and water pursuant to section 404 in the State or tribe have been
completed.
``(B) The Secretary shall only make the certification after notice
in the Federal Register and opportunity for public comment.''; and
(2) by adding at the end the following:
``(h) Payments to States and Indian Tribes.--
``(1) In general.--
``(A) Payments.--From funds referred to in section
35(a) 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 available to
be paid to States under section 35 of that Act,
reserved as part of the reclamation fund under that
section, or paid under section 35(c) of that Act, the
Secretary shall make payments to States or Indian
tribes for the amount due for the aggregate
unappropriated amount allocated to the State or Indian
tribe under subparagraph (A) or (B) of section
402(g)(1).
``(B) Amount due.--In this paragraph, the term
`amount due' means the unappropriated amount allocated
to a State or Indian tribe before October 1, 2007,
under subparagraph (A) or (B) of section 402(g)(1).
``(C) Schedule.--Subject to subparagraph (E),
payments under subparagraph (A) shall be made in 10
equal annual installments, beginning with fiscal year
2008.
``(D) Use of funds.--
``(i) Certified states and indian tribes.--
A State or Indian tribe that makes a
certification under subsection (a) in which the
Secretary concurs shall use any amounts
provided under this paragraph for the purposes
established by the State legislature or tribal
council of the Indian tribe, with priority
given for addressing the impacts of mineral
development.
``(ii) Uncertified states and indian
tribes.--A State or Indian tribe that has not
made a certification under subsection (a) in
which the Secretary has concurred shall use any
amounts provided under this paragraph for the
purposes described in section 403.
``(E) Phase-in of payments.--
``(i) In general.--Notwithstanding any
other provision of this Act, the first 3 annual
installments paid to any State or Indian tribe
beginning with fiscal year 2008 shall be
reduced, respectively, to 25 percent, 50
percent, and 75 percent of the amounts
otherwise required under subparagraph (A).
``(ii) Installments.--Amounts withheld from
the first 3 annual installments as provided
under subparagraph (C) shall be paid in 2 equal
annual installments beginning with fiscal year
2018.
``(2) Subsequent state and indian tribe share for certain
certified states and indian tribes.--
``(A) In general.--From moneys referred to in
section 35(a) 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
available to be paid to States or Indian tribes under
section 35(c) of that Act, the Secretary shall pay to
each qualified State or Indian tribe, on a proportional
basis, an amount equal to the sum of the aggregate
unappropriated amount allocated on or after October 1,
2007, to the qualified State or Indian tribe under
subparagraph (A) or (B) of section 402(g)(1).
``(B) Qualified state or indian tribe defined.--In
this paragraph the term `qualified State or Indian
tribe' means a State or Indian tribe for which a
certification is made under subsection (a) in which the
Secretary concurs and in which there are public domain
lands available for leasing under the Mineral Leasing
Act (30 U.S.C. 181 et seq.).
``(3) Manner of payment.--
``(A) In general.--Subject to subparagraph (B),
payments to States or Indian tribes 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.
``(B) Initial payments.--The first 3 payments made
to any State or Indian tribe shall be reduced to 25
percent, 50 percent, and 75 percent, respectively, of
the amounts otherwise required under paragraph (2)(A).
``(4) Reallocation.--
``(A) In general.--The amount allocated to any
State or Indian tribe under subparagraph (A) or (B) of
section 402(g)(1) that is paid to the State or Indian
tribe as a result of a payment under paragraph (1) or
(2) shall be reallocated and available for grants under
section 402(g)(5).
``(B) Allocation.--The grants shall be allocated
based on the amount of coal historically produced
before August 3, 1977, in the same manner as under
section 402(g)(5).''
SEC. 107. REMINING INCENTIVES.
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 following:
``SEC. 415. REMINING INCENTIVES.
``(a) In General.--Notwithstanding any other provision of this Act,
the Secretary may, after opportunity for public comment, promulgate
regulations that describe conditions under which amounts in the fund
may be used to provide incentives to promote remining of eligible land
under section 404 in a manner that leverages the use of amounts from
the fund to achieve more reclamation with respect to the eligible land
than would be achieved without the incentives.
``(b) Requirements.--Any regulations promulgated under subsection
(a) shall specify that the incentives shall apply only if the Secretary
determines, with the concurrence of the State regulatory authority
referred to in title V, that, without the incentives, the eligible land
would not be likely to be remined and reclaimed.
``(c) Incentives.--
``(1) In general.--Incentives that may be considered for
inclusion in the regulations promulgated under subsection (a)
include, but are not limited to--
``(A) a rebate or waiver of the reclamation fees
required under section 402(a); and
``(B) the use of amounts in the fund to provide
financial assurance for remining operations in lieu of
all or a portion of the performance bonds required
under section 509.
``(2) Limitations.--
``(A) Use.--A rebate or waiver under paragraph
(1)(A) shall be used only for operations that--
``(i) remove or reprocess abandoned coal
mine waste; or
``(ii) conduct remining activities that
meet the priorities specified in paragraph (1)
or (2) of section 403(a).
``(B) Amount.--The amount of a rebate or waiver
provided as an incentive under paragraph (1)(A) to
remine or reclaim eligible land shall not exceed the
estimated cost of reclaiming the eligible land under
this section.''.
SEC. 108. EXTENSION OF LIMITATION ON APPLICATION OF PROHIBITION ON
ISSUANCE OF PERMIT.
Section 510(e) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1260(e)) is amended in the last sentence by striking
``2004'' and inserting ``2020''.
TITLE II--MINERAL LEASING
SEC. 201. MINERAL LEASING.
Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended--
(1) in subsection (a)--
(A) by striking ``subsection (b)'' and inserting
``subsections (b), (c), and (d)'';
(B) by striking ``50 per centum thereof shall be
paid by the Secretary of the Treasury to the State
other than Alaska'' and inserting ``each State other
than Alaska shall be paid by the Secretary of the
Treasury an amount equal to 50 per centum of the amount
received''; and
(C) by inserting ``of the total'' after ``40 per
centum'';
(2) in subsection (b)--
(A) by striking ``(b) In determining'' and
inserting the following:
``(b) Determination of Payment Amounts.--
``(1) In general.--In determining''; and
(B) by adding at the end the following:
``(3) Basis for payment calculation.--The calculation of
the 50 per centum to be paid to States under subsection (a)
shall be made based on all money received, and shall not be
reduced by payments made under subsection (c).''; and
(3) by adding at the end the following:
``(c) Amounts Received From Coal Leases.--From amounts referred to
in subsection (a) that are from sales, bonuses, royalties (including
interest charges), and rentals collected from coal leases and are paid
into the Treasury of the United States after the date of the enactment
of this subsection, the Secretary shall for fiscal year 2008 and each
fiscal year thereafter, make the following payments:
``(1) The amount that the trustees of the Combined Fund (as
defined in section 9701(a)(5) of the Internal Revenue Code of
1986) estimate will be expended from premium accounts
maintained by the fund for the fiscal year to provide benefits
for beneficiaries who are unassigned beneficiaries solely as a
result of the application of section 9706(h)(1) of the Internal
Revenue Code of 1986, subject to the following limitations:
``(A) For fiscal year 2008, the amount paid under
this paragraph shall equal 45 percent of the amount
that would otherwise be required.
``(B) For fiscal year 2009, the amount paid under
this paragraph shall equal 60 percent of the amount
that would otherwise be required.
``(C) For fiscal year 2010, the amount paid under
this paragraph shall equal 85 percent of the amount
that would otherwise be required.
``(2) On certification by the trustees of any plan
described in section 402(h)(2) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)) that the
amount available for transfer by the Secretary pursuant to that
section (determined after application of any limitation under
section 402(h)(5) of such Act) is less than the amount required
to be transferred, the Secretary shall pay to the plan (after
the subtractions for payments made under subsection (e)) the
amount necessary to meet the requirement of section 402(h)(2)
of that Act.
``(3) To the Combined Fund (as defined in section
9701(a)(5) of the Internal Revenue Code of 1986), $9,000,000 on
October 1, 2007, $9,000,000 on October 1, 2008, and $9,000,000
on October 1, 2009 (which amounts shall not be exceeded) to
provide a refund of any premium (as described in section
9704(a) of the Internal Revenue Code of 1986) paid on or before
September 7, 2000, to the Combined Fund, plus interest on the
premium calculated at the rate of 7.5 percent per year, on a
proportional basis and to be paid not later than 60 days after
the date on which each payment is received by the Combined
Fund, to those signatory operators (to the extent that the
Combined Fund has not previously returned the premium amounts
to the operators), or any related persons to the operators (as
defined in section 9701(c) of the Internal Revenue Code of
1986), or their heirs, successors, or assigns who have been
denied the refunds as the result of final judgments or
settlements if prior to the date of enactment of this
subsection the signatory operator (or any related person to the
operator)--
``(A) had all of its beneficiary assignments made
under section 9706 of the Internal Revenue Code of 1986
voided by the Commissioner of the Social Security
Administration;
``(B) was subject to a final judgment or final
settlement of litigation adverse to a claim by the
operator that the assignment of beneficiaries under
section 9706 of the Internal Revenue Code of 1986 was
unconstitutional as applied to the operator; and
``(C) paid to the Combined Fund any premium amount
that had not been refunded.
``(4) From any additional available moneys referred to in
this subsection, payments for amounts referred to in sections
411(h)(1)(A) and 411(h)(2)(A) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1240a(h)(1)(A) and
1240a(h)(2)(A)).
``(d) The calculation of the 40 per centum to be paid to the
reclamation fund under subsection (a) shall be made based on all money
received, and shall not be reduced by payments made under subsection
(c).
``(e)(1) Notwithstanding subsection (a), for each of fiscal years
2007 through 2021, from all excess receipts received from sales,
bonuses, royalties (including interest charges), and rentals collected
from coal leases and referred to in subsection (a) that are deposited
into the Treasury, all excess receipts up to $320,000,000 shall be used
by the Secretary to make payments to meet the requirements of section
402(h)(2) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1232(h)(2)).
``(2) For purposes of paragraph (1), excess receipts shall be the
amount calculated on the basis of the difference between the prevailing
market prices on which the sales, bonuses, royalties, and rentals were
made and 110 percent of the projected market prices for that fiscal
year, as contained in the economic assumptions underlying the
Concurrent Resolution on the Budget, under section 301 of the
Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C.
632).
``(3) Funds for payment under paragraph (1) shall be available to
the Secretary for obligation under this Act without fiscal year
limitation, to remain available until expended.
``(f) In the event that amounts available to the Secretary of the
Treasury for the payments described in subsection (c) are insufficient
for the Secretary to make each described payment in full for any fiscal
year, the Secretary shall adjust the payments so that--
``(1) each payment for the fiscal year is a percentage of
the amount described; and
``(2) the percentage paid is the same for all payments made
under those subsections for the fiscal year.''.
TITLE III--COAL INDUSTRY RETIREE HEALTH BENEFIT ACT
SEC. 301. CERTAIN RELATED PERSONS AND SUCCESSORS IN INTEREST RELIEVED
OF LIABILITY IF PREMIUMS PREPAID.
(a) Combined Benefit Fund.--
(1) 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:
``(j) Prepayment of Premium Liability.--
``(1) In general.--If--
``(A) 1 or more assigned operators to which this
subsection applies (or any related person to any such
assigned operator) are members of a controlled group of
corporations (within the meaning of section 52(a)) the
common parent of which--
``(i) is a corporation the shares of which
are publicly traded on a United States
exchange, and
``(ii) is jointly and severally liable for
any premium under this section which (but for
this subsection) would be required to be paid
by the assigned operators or related person,
and
``(B) a payment meeting the requirements of
paragraph (3) is made to the Combined Fund by or on
behalf of the assigned operators or related person,
then such common parent (and no other person) shall be liable
for any premium under this section for which the assigned
operators or related person would otherwise be liable.
``(2) Assigned operators to which subsection applies.--This
subsection shall apply to any assigned operator if--
``(A) the assigned operator (or a related person to
the assigned operator)--
``(i) made contributions to the 1950 UMWA
Benefit Plan and the 1974 UMWA Benefit Plan for
employment during the period covered by the
1988 agreement; and
``(ii) is not a 1988 agreement operator;
and
``(B) the assigned operator (and all related
persons to the assigned operator) are not actively
engaged in the production of coal as of July 1, 2005.
A person shall not fail to be treated as an assigned operator
to which this subsection applies solely because the person
ceases to be an assigned operator by reason of section
9706(h)(1) if the person otherwise meets the requirements of
this subsection and is liable for the payment of premiums under
section 9706(h)(3).
``(3) 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 under
this chapter with respect to the Combined Fund of the
assigned operators or related persons described in
paragraph (1) or their assignees, as determined by the
operator's or related person'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) 90 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.
``(4) Use of prepayment.--The Combined Fund shall--
``(A) establish and maintain an account for each
assigned operator or related person by, or on whose
behalf, a payment described in paragraph (3) was made,
``(B) credit such account with such payment (and
any earnings thereon), and
``(C) 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 the premium liability
of any assigned operator or related person for which such
account is maintained, all funds remaining in such account (and
earnings thereon) shall be refunded to such person as may be
designated by the common parent described in paragraph
(1)(A).''.
(b) Individual Employer Plans.--Section 9711(c) of the Internal
Revenue Code of 1986 (relating to joint and several liability) is
amended to read as follows:
``(c) Joint and Several Liability of Related Persons.--
``(1) In general.--Except as provided in paragraph (2),
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).
``(2) Liability limited if security provided.--If--
``(A) 1 or more last signatory operators to which
this paragraph applies (or any related person to any
such last signatory operator) are members of a
controlled group of corporations (within the meaning of
section 52(a)) the common parent of which--
``(i) is a corporation the shares of which
are publicly traded on a United States
exchange, and
``(ii) is jointly and severally liable for
the provision of health care under this section
which, but for this paragraph, would be
required to be provided by the last signatory
operators or related person, and
``(B) security meeting the requirements of
paragraph (4) is provided by or on behalf of the last
signatory operators or related person,
then, as of the date the security is provided, such common
parent (and no other person) shall be liable for the provision
of health care under this section which the last signatory
operators or related person would otherwise be required to
provide.
``(3) Last signatory operators to which paragraph (2)
applies.--This subsection shall apply to any last signatory
operator if--
``(A) the last signatory operator is an assigned
operator meeting the requirements of section
9704(j)(2), or
``(B) the last signatory operator is not an
assigned operator and--
``(i) the last signatory operator (or a
related person to the last signatory
operator)--
``(I) made contributions to the
1950 UMWA Benefit Plan and the 1974
UMWA Benefit Plan for employment during
the period covered by the 1988
agreement; and
``(II) is not a 1988 agreement
operator; and
``(ii) the last signatory operator (and all
related persons to the last signatory operator)
are not actively engaged in the production of
coal as of July 1, 2005.
``(4) Security.--Security meets the requirements of this
paragraph if--
``(A) the security--
``(i) is in the form of a bond, letter of
credit, or cash escrow,
``(ii) is provided to the trustees of the
1992 UMWA Benefit Plan solely for the purpose
of paying premiums for beneficiaries who would
be described in section 9712(b)(2)(B) if the
requirements of this section were not met by
the last signatory operator, and
``(iii) is in an amount equal to 1 year of
liability of the last signatory operator under
this section, determined by using the average
cost of such operator's liability during the
prior 3 calendar years;
``(B) the security is in addition to any other
security required under any other provision of this
title; and
``(C) the security remains in place for 5 years.
``(5) Refunds of security.--The full amount of any security
provided under this subsection (and earnings thereon) shall be
refunded to the last signatory operator as of the earlier of--
``(A) the termination of the obligations of the
last signatory operator under this section, or
``(B) the end of the 5-year period described in
paragraph (4)(C).''
(c) 1992 UMWA Benefit Plan.--Section 9712(d)(4) of the Internal
Revenue Code of 1986 (relating to joint and several liability) is
amended by adding at the end the following new sentence: ``The
provisions of section 9711(c)(2) shall apply to any last signatory
operator described in section 9711(c)(3) and if security meeting the
requirements of section 9711(c)(4) is provided, the common parent
described in section 9711(c)(2) shall be exclusively responsible for
any liability for premiums under this section which, but for this
sentence, would be required to be paid by the last signatory operator
or any related person.''.
(d) Successor in Interest.--Section 9701(c) of the Internal Revenue
Code of 1986 (relating to terms relating to operators) 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 who--
``(i) is an unrelated person to an eligible
seller described in subparagraph (C); and
``(ii) purchases for fair market value
assets, or all of the stock, of a related
person to such seller, in a bona fide, arm's-
length sale.
``(B) Unrelated person.--The term `unrelated
person' means a purchaser who does not bear a
relationship to the eligible seller described in
section 267(b).
``(C) Eligible seller.--For purposes of this
paragraph, the term `eligible seller' means an assigned
operator described in section 9704(j)(2), a last
signatory operator described in section 9711(c)(3), or
a related person to such assigned operator or last
signatory operator.''
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and the amendment made
by subsection (d) shall apply to transactions after the date of the
enactment of this Act.
SEC. 302. TRANSFERS TO FUNDS; PREMIUM RELIEF.
(a) Combined Fund.--
(1) Federal transfers under certain mining laws.--Section
9705(b) of the Internal Revenue Code of 1986 (relating to
transfers from Abandoned Mine Reclamation Fund) is amended--
(A) by inserting ``or under the Mineral Leasing Act
(30 U.S.C. 191)'' before the period at the end of
paragraph (1),
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Use of funds.--Any amount transferred under paragraph
(1) for any fiscal year shall be used to pay benefits and
administrative costs of beneficiaries of the Combined Fund or
for such other purposes as are specifically provided in the
Acts described in paragraph (1).'', and
(C) by striking ``From Abandoned Mine Reclamation
Fund'' and inserting ``Under Certain Federal Mining
Laws''.
(2) Modifications of premiums to reflect transfers under
mining laws.--
(A) Elimination of unassigned beneficiaries
premium.--Section 9704(d) of such Code (establishing
unassigned beneficiaries premium) is amended to read as
follows:
``(d) Unassigned Beneficiaries Premium.--
``(1) Plan years ending on or before september 30, 2006.--
For plan years ending on or before September 30, 2006, the
unassigned beneficiaries premium for any assigned operator
shall be equal to the applicable percentage of the product of
the per beneficiary premium for the plan year multiplied by the
number of eligible beneficiaries who are not assigned under
section 9706 to any person for such plan year.
``(2) Plan years beginning on or after october 1, 2006.--
``(A) In general.--For plan years beginning on or
after October 1, 2006, subject to subparagraph (B),
there shall be no unassigned beneficiaries premium, and
benefit costs with respect to eligible beneficiaries
who are not assigned under section 9706 to any person
for any such plan year shall be paid from amounts
transferred under section 9705(b).
``(B) Inadequate transfers.--If, for any plan year
beginning on or after October 1, 2006, the amounts
transferred under section 9705(b) are less than the
amounts required to be transferred to the Combined Fund
under section 402(h)(2)(A) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1232(h)(2)(A)) or paragraphs (1) and (2) of section
35(c) of the Mineral Leasing Act (30 U.S.C. 191(c) (1)
and (2)), then the unassigned beneficiaries premium for
any assigned operator shall be equal to the operator's
applicable percentage of the amount required to be so
transferred which was not so transferred.''
(B) Premium accounts.--
(i) Crediting of accounts.--Section
9704(e)(1) of such Code (relating to premium
accounts; adjustments) is amended by inserting
``and amounts transferred under section
9705(b)'' after ``premiums received''.
(ii) Surpluses attributable to public
funding.--Section 9704(e)(3)(A) of such Code is
amended by adding at the end the following new
sentence: ``Amounts credited to an account from
amounts transferred under section 9705(b) shall
not be taken into account in determining
whether there is a surplus in the account for
purposes of this paragraph.''
(C) Applicable percentage.--Section 9704(f)(2) of
such Code (relating to annual adjustments) is amended
by adding at the end the following new subparagraph:
``(C) In the case of plan years beginning on or
after October 1, 2007, the total number of assigned
eligible beneficiaries shall be reduced by the eligible
beneficiaries whose assignments have been revoked under
section 9706(h).''
(3) Assignments and reassignment.--Section 9706 of the
Internal Revenue Code of 1986 (relating to assignment of
eligible beneficiaries) is amended by adding at the end the
following:
``(h) Assignments as of October 1, 2007.--
``(1) In general.--Subject to the premium obligation set
forth in paragraph (3), the Commissioner of Social Security
shall--
``(A) revoke all assignments to persons other than
1988 agreement operators for purposes of assessing
premiums for plan years beginning on and after October
1, 2007; and
``(B) make no further assignments to persons other
than 1988 agreement operators, except that no
individual who becomes an unassigned beneficiary by
reason of subparagraph (A) may be assigned to a 1988
agreement operator.
``(2) Reassignment upon purchase.--This subsection shall
not be construed to prohibit the reassignment under subsection
(b)(2) of an eligible beneficiary.
``(3) Liability of persons during three fiscal years
beginning on and after october 1, 2007.--In the case of each of
the fiscal years beginning on October 1, 2007, 2008, and 2009,
each person other than a 1988 agreement operator shall pay to
the Combined Fund the following percentage of the amount of
annual premiums that such person would otherwise be required to
pay under section 9704(a), determined on the basis of
assignments in effect without regard to the revocation of
assignments under paragraph (1)(A):
``(A) For the fiscal year beginning on October 1,
2007, 55 percent.
``(B) For the fiscal year beginning on October 1,
2008, 40 percent.
``(C) For the fiscal year beginning on October 1,
2009, 15 percent.''
(4) Effective date.--The amendments made by this subsection
shall apply to plan years of the Combined Fund beginning after
September 30, 2006.
(b) 1992 UMWA Benefit and Other Plans.--
(1) Transfers to plans.--Section 9712(a) of the Internal
Revenue Code of 1986 (relating to the establishment and
coverage of the 1992 UMWA Benefit Plan) is amended by adding at
the end the following:
``(3) Transfers under other federal statutes.--
``(A) In general.--The 1992 UMWA Benefit Plan shall
include any amount transferred to the plan under
section 402(h) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(h)) and section
35 of the Mineral Leasing Act (30 U.S.C. 191).
``(B) Use of funds.--Any amount transferred under
subparagraph (A) for any fiscal year shall be used to
provide the health benefits described in subsection (c)
with respect to any beneficiary for whom no monthly per
beneficiary premium is paid pursuant to paragraph
(1)(A) or (3) of subsection (d).
``(4) Special rule for 1993 plan.--
``(A) In general.--The plan described in section
402(h)(2)(C) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) shall
include any amount transferred to the plan under
section 402(h) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(h)) and section
35 of the Mineral Leasing Act (30 U.S.C. 191).
``(B) Use of funds.--Any amount transferred under
subparagraph (A) for any fiscal year shall be used to
provide the health benefits described in section
402(h)(2)(C)(i) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)(i)) to
individuals described in section 402(h)(2)(C)(ii) of
such Act (30 U.S.C. 1232(h)(2)(C)(ii))''.
(2) Premium adjustments.--
(A) In general.--Section 9712(d)(1) of such Code
(relating to guarantee of benefits) is amended to read
as follows:
``(1) In general.--All 1988 last signatory operators shall
be responsible for financing the benefits described in
subsection (c) by meeting the following requirements in
accordance with the contribution requirements established in
the 1992 UMWA Benefit Plan:
``(A) The payment of a monthly per beneficiary
premium by each 1988 last signatory operator for each
eligible beneficiary of such operator who is described
in subsection (b)(2) and who is receiving benefits
under the 1992 UMWA benefit plan.
``(B) The provision of a security (in the form of a
bond, letter of credit, or cash escrow) in an amount
equal to a portion of the projected future cost to the
1992 UMWA Benefit Plan of providing health benefits for
eligible and potentially eligible beneficiaries
attributable to the 1988 last signatory operator.
``(C) If the amounts transferred under subsection
(a)(3) are less than the amounts required to be
transferred to the 1992 UMWA Benefit Plan under section
402(h)(2)(B) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(B)) and
section 35(c)(2) of the Mineral Leasing Act (30 U.S.C.
191(c)(2)), the payment of an additional backstop
premium by each 1988 last signatory operator which is
equal to such operator's share of the amounts required
to be so transferred but which were not so transferred,
determined on the basis of the number of eligible and
potentially eligible beneficiaries attributable to the
operator.''
(B) Conforming amendments.--Section 9712(d) of such
Code is amended--
(i) in paragraph (2)(B), by striking
``prefunding'' and inserting ``backstop'', and
(ii) in paragraph (3), by striking
``paragraph (1)(B)'' and inserting ``paragraph
(1) (A)''.
(C) Effective date.--The amendments made by this
paragraph shall apply to fiscal years beginning on or
after October 1, 2010.
SEC. 303. OTHER PROVISIONS.
(a) Board of Trustees.--Section 9702(b) of the Internal Revenue
Code of 1986 (relating to board of trustees of the Combined Fund) is
amended to read as follows:
``(b) Board of Trustees.--
``(1) In general.--For purposes of subsection (a), the
board of trustees for the Combined Fund shall be appointed as
follows:
``(A) 2 individuals who represent employers in the
coal mining industry shall be designated by the BCOA;
``(B) 2 individuals designated by the United Mine
Workers of America; and
``(C) 3 individuals selected by the individuals
appointed under subparagraphs (A) and (B).
``(2) Successor trustees.--Any successor trustee shall be
appointed in the same manner as the trustee being succeeded.
The plan establishing the Combined Fund shall provide for the
removal of trustees.
``(3) Special rule.--If the BCOA ceases to exist, any
trustee or successor under paragraph (1)(A) shall be designated
by the 3 employers who were members of the BCOA on the
enactment date and who have been assigned the greatest number
of eligible beneficiaries under section 9706.''
(b) Enforcement of Obligations.--
(1) Failure to pay premiums.--Section 9707(a) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Failures to Pay.--
``(1) Premiums for eligible beneficiaries.--There is hereby
imposed a penalty on the failure of any assigned operator to
pay any premium required to be paid under section 9704 with
respect to any eligible beneficiary.
``(2) Contributions required under the mining laws.--There
is hereby imposed a penalty on the failure of any person to
make a contribution required under section 402(h)(5)(B)(ii) of
the Surface Mining Control and Reclamation Act of 1977 to a
plan referred to in section 402(h)(2)(C) of such Act. For
purposes of applying this section, each such required monthly
contribution for the hours worked of any individual shall be
treated as if it were a premium required to be paid under
section 9704 with respect to an eligible beneficiary.''
(2) Civil enforcement.--Section 9721 of such Code is
amended to read as follows:
``SEC. 9721. CIVIL ENFORCEMENT.
``The provisions of section 4301 of the Employee Retirement Income
Security Act of 1974 shall apply, in the same manner as any claim
arising out of an obligation to pay withdrawal liability under subtitle
E of title IV of such Act, to any claim--
``(1) arising out of an obligation to pay any amount
required to be paid by this chapter; or
``(2) arising out of an obligation to pay any amount
required by section 402(h)(5)(B)(ii) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1232(h)(5)(B)(ii)).''
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