§934 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

When the fund named in section 902(h) pays benefits that an operator should have paid, and the Secretary of Labor decides the operator was required to pay, the United States can make the operator repay. If the operator refuses after being asked, the government gets a lien on all the operator’s property, real or personal. The lien starts when the operator’s liability is finally fixed and stays until the debt is paid or time runs out. The lien’s priority and how it is filed and enforced follow the same rules used for federal tax liens. In bankruptcy, the lien is treated like a federal tax lien. The Secretary of Labor can sue in U.S. district court to enforce the lien or seize property. The government must start a court collection within 6 years after the liability was finally determined, unless the operator agreed in writing to a longer time. The 6-year period is paused while the operator’s assets are in court custody and for 6 months after, and while the operator is outside the United States for at least 6 continuous months. Interest is 15% for any time in calendar year 1982 and, after that, the rate in section 6621 of title 26.

Title 30, §934

Mineral Lands and Mining — Source: USLM XML via OLRC

(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 provisions of section 932 and 933 of this title, that an operator was required to secure the payment of all or a portion of such benefits,

(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, belonging to such operator. The lien arises on the date on which such liability is finally determined, and continues until it is satisfied or becomes unenforceable by reason of lapse of time.

(3)(A)Except as otherwise provided under this subsection, the priority of the lien shall be determined 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”; “operator” for “taxpayer”; “lien arising under section 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 “satisfaction 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 “Secretary” 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 Federal 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 refusal 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 proceeding is commenced within 6 years after the date on which the liability was finally determined, or before the expiration of any period for collection agreed upon in writing by the operator 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 period 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.

Notes & Related Subsidiaries

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 classified 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” substituted 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 “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text. 1981—Subsec. (a). Pub. L. 97–119, § 104(b)(6), substituted provision defining “fund” as used in this section 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 “Federal Coal Mine Health and Safety Act of 1969”. 1978—Pub. L. 95–227 added subsec. (a), redesignated existing provisions constituting entire section as subsec. (b) and expanded applicability and set out procedures 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 paragraph (1) [amending this section] shall take effect on January 1, 1982, and shall apply to amounts outstanding on such date or arising thereafter.”

Effective Date

of 1980 AmendmentAmendment 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.”

§934 “fund” Defined; Liability of Operators to United States for Repayments to Fund; Procedures Applicable; Rate of Interest

Summary

Title 30, §934

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Enforcement

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata