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<br />Y <br />where the coal mine operator has unilaterally isiled to pay such <br />Senefitc. That section states that: <br />(d) Espeaditnres !or frost itwd.--Amounts in the 81ac:k <br />Lung Disability Trust land shall be available, as <br />provided by agpropriation Acts, for-- <br />(1) the payment of benefits under section 422 of <br />the Black Lung Benefits Act in any case in which the <br />Secretary of Labor determines that-- <br />(A) the operator liable for the payment o! <br />such benefits-- <br />(i) has not commenced psyment o! <br />such benefits within 30 days after the date <br />of en initial determination of eligibility by <br />the secretary of Labor, or <br />(ii) has not made a payment within <br />30 days after that payment is due, <br />except that, in the case of a claim tiled on <br />or after the date of the enactment of the <br />Black Lung Benefits Revenue Act of 1961, <br />amounts will be available under this <br />subparagraph only for benefits accruing after <br />the data of such initial determination, . <br />26 V.S.C. 9 9501(d). <br />In addition, coal mine operators, such as CFiI, cannot. <br />modify the payment of Bleck Lung Benefits to former Coal !S:[ners <br />and surviving Dependents under the Black Lung Benefits Act <br />inasmuch as operators are requirsd to pay such Benefits in the <br />amounts that have been statutorily imposed under the Slack Lung <br />Senefitc Act. egg, e.a., 30 O.S.C. f 922 (establishing the r+nte <br />of payments). Accordingly, the provisions of section 1114 wh:Lch <br />provide procedures for the negotiation and court approval o~f <br />modifications of retiree benefits serve no purpose where Blac)c <br />Lung Benefits are paid purcuant to the terms of the Black Lung <br />Z4 <br />