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t <br /> <br />1 <br />2 <br />3 <br />4~ <br />s <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />Z1 <br />22 <br />Z3 <br />24 <br />25 <br />functions. 11s I nadsrataad, the funds that Ton are seeking <br />to have declued taxes here ue specifically eazmarked, <br />though, for this load. Shey don't qo to generally pay the <br />obligations of the govszaaaat. <br />lQi. PT118LERt Shat'e correct, lour loaor. int the <br />Congressional findings is ~0 DSC f01 indicated that if this <br />!'and vas not •et np, then general public zeveanes ~ronld have <br />to be used to support these individuals sad, therefore, the <br />land vas being set np to defray what would otherwise be <br />general tax dollars to support these individuals, the coal <br />miners. <br />The second question is is it as exist tax? I thick <br />it is an sxcise tax for two reasons. The firm of them <br />involves a recent cane out of the lourth Circuit oalled -- I <br />just refer to it as the Pew Peiahborhoods Case. I set it out <br />in my brief. That case involved a Virginia workman's <br />compensation statute, but it functions alsost idsatically to <br />the Slack Lnag Trust land. is that case, employers is Neat <br />Virginia have to either pay premiums into the lead or they <br />have to be self-insured. <br />Ia this cane, CliI eras self-insured. Ia order to <br />be self-insured, Ton had to establish financial ability to <br />pay and you also had to pat np a bond gnaranteeinq payment. <br />Cr4I did that is thin cane. They desonstrated financial <br />ability to pay sad they put np a bond securing payment of the <br /> <br />