Page:United States Statutes at Large Volume 120.djvu/3046

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[120 STAT. 3015]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 3015]

PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3015

the refunds as the result of final judgments or settlements if— ‘‘(i) prior to the date of enactment of this paragraph, the signatory operator (or any related person to the operator)— ‘‘(I) 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; and ‘‘(II) 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 ‘‘(ii) on or before September 7, 2000, the signatory operator (or any related person to the operator) had paid to the Combined Fund any premium amount that had not been refunded. ‘‘(2) PAYMENTS TO STATES AND INDIAN TRIBES.—Subject to paragraph (3), out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of the Interior for distribution to States and Indian tribes such sums as are necessary to pay amounts described in paragraphs (1)(A) and (2)(A) of section 411(h). ‘‘(3) LIMITATIONS.— ‘‘(A) CAP.—The total amount transferred under this subsection for any fiscal year shall not exceed $490,000,000. ‘‘(B) INSUFFICIENT AMOUNTS.—In a case in which the amount required to be transferred without regard to this paragraph exceeds the maximum annual limitation in subparagraph (A), the Secretary shall adjust the transfers of funds so that— ‘‘(i) each transfer for the fiscal year is a percentage of the amount described; ‘‘(ii) the amount is determined without regard to subsection (h)(5)(A); and ‘‘(iii) the percentage transferred is the same for all transfers made under this subsection for the fiscal year. ‘‘(4) AVAILABILITY OF FUNDS.—Funds shall be transferred under paragraphs (1) and (2) beginning in fiscal year 2008 and each fiscal year thereafter, and shall remain available until expended.’’. SEC. 203. 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)— (i) by striking ‘‘(1) the protection’’ and inserting the following: ‘‘(1)(A) the protection;’’; (ii) in subparagraph (A) (as designated by clause (i)), by striking ‘‘general welfare,’’; and (iii) by adding at the end the following:

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