30 U.S.C. § 934 — ‘‘Fund’’ defined; liability of operators to

Page 195 TITLE 30—MINERAL LANDS AND MINING § 934 Stat. 153; Pub. L. 95–239, § 8, Mar. 1, 1978, 92 Stat. 100.) Editorial Notes AMENDMENTS 1978—Subsec. (d). Pub. L. 95–239 added subsec. (d). 1972—Subsec. (a). Pub. L. 92–303 substituted ‘‘a coal mine’’ for ‘‘an underground coal mine’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–239 effective Mar. 1, 1978, see section 20(a) of Pub. L. 95–239, set out as a note under section 901 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–303 effective Dec. 30, 1969, see section 3(c) of Pub. L. 92–303, set out as a note under section 901 of this title. § 934. ‘‘Fund’’ defined; liability of operators to United States for repayments to fund; proce- dures applicable; rate of interest (a) For purposes of this section, the term ‘‘fund’’ has the meaning set forth in section 902(h) of this title. (b)(1) If— (A) an amount is paid out of the fund to an individual entitled to benefits under section 932 of this title, and (B) the Secretary determines, under the pro- visions of sections 932 and 933 of this title, that an operator was required to secure the payment of all or a portion of such benefits, then the operator is liable to the United States for repayment to the fund of the amount of such benefits the payment of which is properly at- tributed to him plus interest thereon. No oper- ator or representative of operators may bring any proceeding, or intervene in any proceeding, held for the purpose of determining claims for benefits to be paid by the fund, except that nothing in this section shall affect the rights, duties, or liabilities of any operator in pro- ceedings under section 932 or section 933 of this title. In a case where no operator responsibility is assigned pursuant to sections 932 and 933 of this title, a determination by the Secretary that the fund is liable for the payment of benefits shall be final. (2) If any operator liable to the fund under paragraph (1) refuses to pay, after demand, the amount of such liability (including interest), then there shall be a lien in favor of the United States for such amount upon all property and rights to property, whether real or personal, be- longing to such operator. The lien arises on the date on which such liability is finally deter- mined, and continues until it is satisfied or be- comes unenforceable by reason of lapse of time. (3)(A) Except as otherwise provided under this subsection, the priority of the lien shall be de- termined in the same manner as under section 6323 of title 26. That section shall be applied for such purposes— (i) by substituting ‘‘lien imposed by section 424(b)(2) of the Federal Mine Safety and Health Act of 1977’’ for ‘‘lien imposed by section 6321’’; ‘‘operator liability lien’’ for ‘‘tax lien’’; ‘‘oper- ator’’ for ‘‘taxpayer’’; ‘‘lien arising under sec- tion 424(b)(2) of the Federal Mine Safety and Health Act of 1977’’ for ‘‘assessment of the tax’’; ‘‘payment of the liability is made to the Black Lung Disability Trust Fund’’ for ‘‘satis- faction of a levy pursuant to section 6332(b)’’; and ‘‘satisfaction of operator liability’’ for ‘‘collection of any tax under this title’’ each place such terms appear; and (ii) by treating all references to the ‘‘Sec- retary’’ as references to the Secretary of Labor. (B) In the case of a bankruptcy or insolvency proceeding, the lien imposed under paragraph (2) shall be treated in the same manner as a lien for taxes due and owing to the United States for purposes of the Bankruptcy Act or section 3713(a) of title 31. (C) For purposes of applying section 6323(a) of title 26 to determine the priority between the lien imposed under paragraph (2) and the Fed- eral tax lien, each lien shall be treated as a judgment lien arising as of the time notice of such lien is filed. (D) For purposes of this subsection, notice of the lien imposed under paragraph (2) shall be filed in the same manner as under subsections (f) and (g) of section 6323 of title 26. (4)(A) In any case where there has been a re- fusal or neglect to pay the liability imposed under paragraph (2), the Secretary may bring a civil action in a district court of the United States to enforce the lien of the United States under this section with respect to such liability or to subject any property, of whatever nature, of the operator, or in which he has any right, title, or interest, to the payment of such liability. (B) The liability imposed by paragraph (1) may be collected at a proceeding in court if the pro- ceeding is commenced within 6 years after the date on which the liability was finally deter- mined, or before the expiration of any period for collection agreed upon in writing by the oper- ator and the United States before the expiration of such 6-year period. The running of the period of limitation provided under this subparagraph shall be suspended for any period during which the assets of the operator are in the custody or control of any court of the United States, or of any State, or the District of Columbia, and for 6 months thereafter, and for any period during which the operator is outside the United States if such period of absence is for a continuous pe- riod of at least 6 months. (5) The rate of interest under this subsection— (A) for any period during calendar year 1982, shall be 15 percent, and (B) for any period after calendar year 1982, shall be the rate established by section 6621 of title 26 which is in effect for such period. (Pub. L. 91–173, title IV, § 424, Dec. 30, 1969, 83 Stat. 798; Pub. L. 92–303, § 1(c)(1), May 19, 1972, 86 Stat. 151; Pub. L. 95–227, § 3(d), Feb. 10, 1978, 92 Stat. 13; Pub. L. 96–222, title I, § 108(b)(2)(A), Apr. 1, 1980, 94 Stat. 226; Pub. L. 97–119, title I, § 104(a)(1), (2), (b)(6), Dec. 29, 1981, 95 Stat. 1639; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Page 196 TITLE 30—MINERAL LANDS AND MINING § 934a Editorial Notes REFERENCES IN TEXT Section 424(b)(2) of the Federal Mine Safety and Health Act of 1977, referred to in subsec. (b)(3)(A)(i), is subsec. (b)(2) of this section. Section 6321, referred to in subsec. (b)(3)(A)(i), means section 6321 of Title 26, Internal Revenue Code. Section 6332(b), referred to in subsec. (b)(3)(A)(i), means section 6332(b) of Title 26. The Bankruptcy Act, referred to in subsec. (b)(3)(B), is act July 1, 1898, ch. 541, 30 Stat. 544, which was classi- fied generally to former Title 11, Bankruptcy. The Act was repealed effective Oct. 1, 1979, by Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised Title 11. CODIFICATION In subsec. (b)(3)(B), ‘‘section 3713(a) of title 31’’ sub- stituted for ‘‘section 3466 of the Revised Statutes (31 U.S.C. 191)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 1986—Subsec. (b)(3)(A), (C), (D), (5)(B). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Inter- nal Revenue Code of 1954’’, which for purposes of codi- fication was translated as ‘‘title 26’’ thus requiring no change in text. 1981—Subsec. (a). Pub. L. 97–119, § 104(b)(6), sub- stituted provision defining ‘‘fund’’ as used in this sec- tion for provision specifying payments, repayments, and reimbursements which funds from the Black Lung Disability Trust Fund would be available to pay. Subsec. (b)(1). Pub. L. 97–119, § 104(a)(2), inserted ‘‘plus interest thereon’’ after ‘‘attributed to him’’. Subsec. (b)(5). Pub. L. 97–119, § 104(a)(1), added par. (5). 1980—Subsec. (b)(3)(A)(i). Pub. L. 96–222 substituted ‘‘Federal Mine Safety and Health Act of 1977’’ for ‘‘Fed- eral Coal Mine Health and Safety Act of 1969’’. 1978—Pub. L. 95–227 added subsec. (a), redesignated existing provisions constituting entire section as sub- sec. (b) and expanded applicability and set out proce- dures for enforcement of rights of United States against operators liable to the Fund. 1972—Pub. L. 92–303 substituted ‘‘widow, child, parent, brother, or sister’’ for ‘‘widow’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–119, title I, § 104(a)(3), Dec. 29, 1981, 95 Stat. 1639, provided that: ‘‘The amendment made by para- graph (1) [amending this section] shall take effect on January 1, 1982, and shall apply to amounts out- standing on such date or arising thereafter.’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–222 effective as if included in the provisions of Pub. L. 95–227, which amended this section effective Apr. 1, 1978, see section 108(b)(4) of Pub. L. 96–222, set out as a note under section 192 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–227, § 3(e), Feb. 10, 1978, 92 Stat. 15, provided that: ‘‘This section [enacting section 934a of this title and amending this section] shall take effect on April 1, 1978.’’ § 934a. Repealed. Pub. L. 97–119, title I, § 103(b), Dec. 29, 1981, 95 Stat. 1638 Section, Pub. L. 95–227, § 3(a)–(c), Feb. 10, 1978, 92 Stat. 12; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96–222, title I, § 108(b)(2)(A), (3)(A), Apr. 1, 1980, 94 Stat. 226, established a Black Lung Disability Trust Fund, designated trustees for the fund, and pro- vided for operation of the fund. See section 9501 of Title 26, Internal Revenue Code. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1982, see section 103(d)(1) of Pub. L. 97–119, set out as an Effective Date note under section 9501 of Title 26, Internal Revenue Code. PROVISIONS RELATING TO PAYMENT OF BENEFITS TO MINERS AND ELIGIBLE SURVIVORS OF MINERS TO TAKE EFFECT AS RULES AND REGULATIONS OF SEC- RETARY OF LABOR Pub. L. 95–239, § 20(b), Mar. 1, 1978, 92 Stat. 106, pro- vided that in the event that the payment of benefits to miners and to eligible survivors of miners cannot be made from the Black Lung Disability Trust Fund es- tablished by section 3(a) of the Black Lung Benefits Revenue Act of 1977 [former subsec. (a) of this section], the provisions of the Act relating to the payment of benefits to miners and to eligible survivors of miners, as in effect immediately before the date of the enact- ment of this Act [Mar. 1, 1978], shall take effect, as rules and regulations of the Secretary of Labor until such provisions are revoked, amended, or revised by law, and that the Secretary of Labor may promulgate additional rules and regulations to carry out such pro- visions and shall make benefit payments to miners and to eligible survivors of miners in accordance with such provisions. § 935. Utilization of services of State and local agencies With the consent and cooperation of State agencies charged with administration of State workmen’s compensation laws, the Secretary may, for the purpose of carrying out his func- tions and duties under section 932 of this title, utilize the services of State and local agencies and their employees and, notwithstanding any other provision of law, may advance funds to or reimburse such State and local agencies and their employees for services rendered for such purposes. (Pub. L. 91–173, title IV, § 425, Dec. 30, 1969, 83 Stat. 798.) § 936. Regulations and reports (a) Promulgation; applicability of section 553 of title 5 The Secretary of Labor and the Secretary of Health and Human Services are authorized to issue such regulations as each deems appro- priate to carry out the provisions of this sub- chapter. Such regulations shall be issued in con- formity with section 553 of title 5, notwith- standing subsection (a) thereof. (b) Annual reports to Congress At the end of fiscal year 2003 and each suc- ceeding fiscal year, the Secretary of Labor shall submit to the Congress an annual report on the subject matter of this part and part B of this subchapter. Each such report shall be prepared and submitted to Congress in accordance with the requirement with respect to submission under section 942 of title 33. (c) Compliance with State workmen’s compensa- tion laws; conflicts between State and Fed- eral provisions Nothing in this subchapter shall relieve any operator of the duty to comply with any State