PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 989
‘‘(I) $1.50 in the case of calendar years 2006 through 2009, and ‘‘(II) $2.00 in the case of calendar years beginning after 2009. ‘‘(ii) INFLATION ADJUSTMENT.—In the case of any calendar year after 2006, each of the dollar amounts under clause (i) shall be equal to the product of such dollar amount and the inflation adjustment factor determined under paragraph (2)(B) for the calendar year, except that such paragraph shall be applied by substituting ‘2005’ for ‘1992’. ‘‘(C) APPLICATION OF RULES.—Rules similar to the rules of the subsection (b)(3) and paragraphs (1), (3), (4), and (5) of this subsection shall apply for purposes of determining the amount of any increase under this paragraph. ‘‘(D) TREATMENT AS SPECIFIED CREDIT.—The increase in the credit determined under subsection (a) by reason of this paragraph with respect to any facility shall be treated as a specified credit for purposes of section 38(c)(4)(A) during the 4-year period beginning on the later of January 1, 2006, or the date on which such facility is placed in service by the taxpayer.’’. (2) RESOURCE.—Subsection (c) of section 45 (relating to qualified energy resources and refined coal), as amended by this Act, is amended by adding at the end the following new paragraph: ‘‘(9) INDIAN COAL.— ‘‘(A) IN GENERAL.—The term ‘Indian coal’ means coal which is produced from coal reserves which, on June 14, 2005— ‘‘(i) were owned by an Indian tribe, or ‘‘(ii) were held in trust by the United States for the benefit of an Indian tribe or its members. ‘‘(B) INDIAN TRIBE.—For purposes of this paragraph, the term ‘Indian tribe’ has the meaning given such term by section 7871(c)(3)(E)(ii).’’. (3) INDIAN COAL PRODUCTION FACILITY.—Subsection (d) of section 45, as amended by this Act, is amended by adding at the end the following new paragraph: ‘‘(10) INDIAN COAL PRODUCTION FACILITY.—The term ‘Indian coal production facility’ means a facility which is placed in service before January 1, 2009.’’. (4) CONFORMING AMENDMENT.—The heading for section 45(c) is amended by striking ‘‘QUALIFIED ENERGY RESOURCES AND REFINED COAL’’ and inserting ‘‘RESOURCES’’. (e) TECHNICAL AMENDMENT RELATED TO TRASH COMBUSTION FACILITIES.—Section 45(d)(7) (relating to trash combustion facilities) is amended by adding at the end the following: ‘‘Such term shall include a new unit placed in service in connection with a facility placed in service on or before the date of the enactment of this paragraph, but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit.’’. (f) ADDITIONAL TECHNICAL AMENDMENTS RELATED TO SECTION 710 OF THE AMERICAN JOBS CREATION ACT OF 2004.— (1) Clause (ii) of section 45(b)(4)(B) is amended by striking ‘‘the date of the enactment of this Act’’ and inserting ‘‘January 1, 2005,’’.
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