-CITE-
    30 USC TITLE 30 - MINERAL LANDS AND MINING                  01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    
-HEAD-
                      TITLE 30 - MINERAL LANDS AND MINING                


-MISC1-
                                                                
    Chap.                                                            Sec.
    1.      United States Bureau of Mines                              1
    2.      Mineral Lands and Regulations in General                  21
    3.      Lands Containing Coal, Oil, Gas, Salts, Asphaltic
             Materials, Sodium, Sulphur, and Building Stone           71
    3A.     Leases and Prospecting Permits                           181
    4.      Lease of Gold, Silver, or Quicksilver Deposits When
             Title Confirmed by Court of Private Land Claims         291
    5.      Lease of Oil and Gas Deposits in or Under Railroads
             and Other Rights-of-Way                                 301
    6.      Synthetic Liquid Fuel Demonstration Plants [Omitted]     321
    7.      Lease of Mineral Deposits Within Acquired Lands          351
    8.      Development of Lignite Coal Resources                    401
    9.      Rare and Precious Metals Experiment Station              411
    10.     Coal Mine Safety [Repealed]                              451
    11.     Mining Claims on Lands Subject to Mineral Leasing
             Laws                                                    501
    12.     Multiple Mineral Development of the Same Tracts          521
    12A.    Entry and Location on Coal Lands on Discovery of
             Source Material                                         541
    13.     Control of Coal-Mine Fires                               551
    14.     Anthracite Mine Drainage and Flood Control               571
    15.     Surface Resources                                        601
    16.     Mineral Development of Lands Withdrawn for Power
             Development                                             621
    17.     Exploration Program for Discovery of Minerals            641
    18.     Coal Research and Development                            661
    19.     Lead and Zinc Stabilization Program [Omitted]            681
    20.     Conveyances to Occupants of Unpatented Mining Claims     701
    21.     Metal and Nonmetallic Mine Safety [Repealed]             721
    22.     Mine Safety and Health                                   801
    23.     Geothermal Resources                                    1001
    24.     Geothermal Energy Research, Development, and
             Demonstration                                          1101
    25.     Surface Mining Control and Reclamation                  1201
    26.     Deep Seabed Hard Mineral Resources                      1401
    27.     Geothermal Energy                                       1501
    28.     Materials and Minerals Policy, Research, and
             Development                                            1601
    29.     Oil and Gas Royalty Management                          1701
    30.     National Critical Materials Council                     1801
    31.     Marine Mineral Resources Research                       1901
    32.     Methane Hydrate Research and Development                2001

-End-


-CITE-
    30 USC CHAPTER 1 - UNITED STATES BUREAU OF MINES            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
                 CHAPTER 1 - UNITED STATES BUREAU OF MINES             

-MISC1-
    Sec.                                                     
    1.          United States Bureau of Mines; establishment;
                 director; experts and other employees.               
    1a.         Transfer of activities, employees, records, etc., from
                 Bureau of Foreign and Domestic Commerce to the United
                 States Bureau of Mines.                              
    2.          Performance of duties in absence of director.         
    3.          Duties of United States Bureau of Mines.              
    4.          Investigation of lignite coal and peat.               
    4a.         Omitted.                                              
    4b.         Cooperation with individuals, municipalities, etc.;
                 contracts with owners; agreements as to prices.      
    4c.         Investigation of sub-bituminous and lignite coal.     
    4d.         Plants, machinery, and equipment.                     
    4e.         Omitted.                                              
    4f to 4o.   Transferred.                                          
    5.          Reports of investigations.                            
    6.          Personal interest of director and members of Bureau in
                 mines.                                               
    7.          Fees for tests or investigations.                     
    8.          Additional mining experiment stations and mine safety
                 stations authorized.                                 
    9.          Acceptance of lands from States.                      
    10.         Headquarters of mine rescue cars; site for
                 experimental work; leases and donations.             
    11, 12.     Omitted or Repealed.                                  
    13.         Research laboratory for utilization of anthracite
                 coal; establishment and maintenance.                 
    14.         Acquisition of land; cooperation with other agencies. 
    15.         Repealed.                                             
    16.         Research laboratory for utilization of anthracite
                 coal; establishment of advisory committee;
                 composition; functions; appointment.                 

-End-



-CITE-
    30 USC Sec. 1                                               01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 1. United States Bureau of Mines; establishment; director;
      experts and other employees

-STATUTE-
      There is hereby established in the Department of the Interior a
    bureau of mining, metallurgy, and mineral technology, to be
    designated the United States Bureau of Mines, and there shall be a
    director of said bureau, who shall be thoroughly equipped for the
    duties of said office by technical education and experience and who
    shall be appointed by the President, by and with the advice and
    consent of the Senate; and there shall also be in the said bureau
    such experts and other employees, to be appointed by the Secretary
    of the Interior, as may be required to carry out the purposes of
    sections 1, 3, and 5 to 7 of this title in accordance with the
    appropriations made from time to time by Congress for such
    purposes.

-SOURCE-
    (May 16, 1910, ch. 240, Sec. 1, 36 Stat. 369; Feb. 25, 1913, ch.
    72, Sec. 1, 37 Stat. 681; Ex. Ord. No. 4239, June 4, 1925; Ex. Ord.
    No. 6611, Feb. 22, 1934; Pub. L. 102-285, Sec. 10(b), May 18, 1992,
    106 Stat. 172.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out
    below.
      Section 10(b) of Pub. L. 102-285 provided that: "The Bureau of
    Mines established by the Act of May 16, 1910 (30 U.S.C. 1), is
    designated as and shall hereafter [on and after May 18, 1992] be
    known as the United States Bureau of Mines."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For provisions appropriating funds for the closure of the United
    States Bureau of Mines and the transfer of its functions, see Pub.
    L. 104-99, title I, Sec. 123, Jan. 26, 1996, 110 Stat. 32, and Pub.
    L. 104-134, title I, Sec. 101(c) [title I], set out as a note
    below.
      Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-167; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That
    there hereby are transferred to, and vested in, the Secretary of
    Energy: (1) the functions pertaining to the promotion of health and
    safety in mines and the mineral industry through research vested by
    law in the Secretary of the Interior or the United States Bureau of
    Mines and performed in fiscal year 1995 by the United States Bureau
    of Mines at its Pittsburgh Research Center in Pennsylvania, and at
    its Spokane Research Center in Washington; (2) the functions
    pertaining to the conduct of inquiries, technological
    investigations and research concerning the extraction, processing,
    use and disposal of mineral substances vested by law in the
    Secretary of the Interior or the United States Bureau of Mines and
    performed in fiscal year 1995 by the United States Bureau of Mines
    under the minerals and materials science programs at its Pittsburgh
    Research Center in Pennsylvania, and at its Albany Research Center
    in Oregon; and (3) the functions pertaining to mineral reclamation
    industries and the development of methods for the disposal,
    control, prevention, and reclamation of mineral waste products
    vested by law in the Secretary of the Interior or the United States
    Bureau of Mines and performed in fiscal year 1995 by the United
    States Bureau of Mines at its Pittsburgh Research Center in
    Pennsylvania: Provided further, That, if any of the same functions
    were performed in fiscal year 1995 at locations other than those
    listed above, such functions shall not be transferred to the
    Secretary of Energy from those other locations: Provided further,
    That the Director of the Office of Management and Budget, in
    consultation with the Secretary of Energy and the Secretary of the
    Interior, is authorized to make such determinations as may be
    necessary with regard to the transfer of functions which relate to
    or are used by the Department of the Interior, or component thereof
    affected by this transfer of functions, and to make such
    dispositions of personnel, facilities, assets, liabilities,
    contracts, property, records, and unexpended balances of
    appropriations, authorizations, allocations, and other funds held,
    used, arising from, available to or to be made available in
    connection with, the functions transferred herein as are deemed
    necessary to accomplish the purposes of this transfer: Provided
    further, That all reductions in personnel complements resulting
    from the provisions of this Act [probably means Pub. L. 104-134,
    title I, Sec. 101(c), Apr. 26, 1996, 110 Stat. 1321-156; renumbered
    title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327,
    known as the Department of the Interior and Related Agencies
    Appropriations Act, 1996, see Tables for classification] shall, as
    to the functions transferred to the Secretary of Energy, be done by
    the Secretary of the Interior as though these transfers had not
    taken place but had been required of the Department of the Interior
    by all other provisions of this Act before the transfers of
    function became effective: Provided further, That the transfers of
    function to the Secretary of Energy shall become effective on the
    date specified by the Director of the Office of Management and
    Budget, but in no event later than 90 days after enactment into law
    of this Act [Apr. 26, 1996]: Provided further, That the reference
    to 'function' includes, but is not limited to, any duty,
    obligation, power, authority, responsibility, right, privilege, and
    activity, or the plural thereof, as the case may be."
      [Pub. L. 104-208, div. A, title I, Sec. 101(e) [title II], Sept.
    30, 1996, 110 Stat. 3009-233, 3009-244, provided in part: "That the
    functions described in clause (1) of the first proviso under the
    subheading 'mines and minerals' under the heading 'Bureau of Mines'
    in the text of title I of the Department of the Interior and
    Related Agencies Appropriations Act, 1996, as enacted by section
    101(c) of the Omnibus Consolidated Rescissions and Appropriations
    Act of 1996 (Public Law 104-134) [set out above], are hereby
    transferred to, and vested in, the Secretary of Health and Human
    Services, subject to section 1531 of title 31, United States
    Code".]
      Functions vested in, or delegated to, Secretary of Energy and
    Department of Energy under or with respect to sections 1, 3, and 5
    to 7 of this title and other authorities relating to certain fossil
    energy research and development transferred to, and vested in,
    Secretary of the Interior, by section 100 of Pub. L. 97-257, 96
    Stat. 841, set out as a note under section 7152 of Title 42, The
    Public Health and Welfare.
      Functions of Secretary of the Interior, Department of the
    Interior, and officers and components of Department of the Interior
    under sections 1, 3, and 5 to 7 of this title and other authorities
    exercised by Bureau of Mines relating to fuel supply and demand
    analysis and data gathering, research and development relating to
    increased efficiency of production technology of solid fuel
    minerals other than research relating to mine health and safety and
    research relating to the environmental and leasing consequences of
    solid fuel mining, and coal preparation and analysis transferred
    to, and vested in, Secretary of Energy as part of the creation of
    Department of Energy by Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565.
    See section 7152(d) of Title 42.
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.
      Bureau of Mines originally created in Department of the Interior.
    Bureau transferred to Department of Commerce by Ex. Ord. No. 4239,
    but transferred back to Department of the Interior by Ex. Ord. No.
    6611.

-End-



-CITE-
    30 USC Sec. 1a                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 1a. Transfer of activities, employees, records, etc., from
      Bureau of Foreign and Domestic Commerce to the United States
      Bureau of Mines

-STATUTE-
      There is hereby transferred from the Department of Commerce,
    Bureau of Foreign and Domestic Commerce, to the Department of the
    Interior, United States Bureau of Mines, all those activities of
    the Minerals Division of the Bureau of Foreign and Domestic
    Commerce concerned with economic and statistical analyses of
    mineral commodities, domestic and foreign, together with all
    employees, records, files, equipment, publications, and funds
    pertaining thereto, effective immediately.

-SOURCE-
    (May 9, 1935, ch. 101, Sec. 1, 49 Stat. 205; Pub. L. 102-285, Sec.
    10(b), May 18, 1992, 106 Stat. 172.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out as
    a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.

-End-



-CITE-
    30 USC Sec. 2                                               01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 2. Performance of duties in absence of director

-STATUTE-
      On and after July 1, 1916, in the absence of the Director of the
    United States Bureau of Mines the assistant director of said bureau
    shall perform the duties of the director during the latter's
    absence, and in the absence of the Director and of the Assistant
    Director of the United States Bureau of Mines the Secretary of the
    Interior may designate some officer of said bureau to perform the
    duties of the director during his absence.

-SOURCE-
    (July 1, 1916, ch. 209, Sec. 1, 39 Stat. 303; Ex. Ord. No. 4239,
    June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934; Pub. L. 102-285,
    Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out as
    a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.

-End-



-CITE-
    30 USC Sec. 3                                               01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 3. Duties of United States Bureau of Mines

-STATUTE-
      It shall be the province and duty of the United States Bureau of
    Mines, subject to the approval of the Secretary of the Interior, to
    conduct inquiries and scientific and technologic investigations
    concerning mining, and the preparation, treatment, and utilization
    of mineral substances with a view to improving health conditions,
    and increasing safety, efficiency, economic development, and
    conserving resources through the prevention of waste in the mining,
    quarrying, metallurgical, and other mineral industries; to inquire
    into the economic conditions affecting these industries; to
    investigate explosives and peat; and on behalf of the Government to
    investigate the mineral fuels and unfinished mineral products
    belonging to, or for the use of, the United States, with a view to
    their most efficient mining, preparation, treatment, and use; and
    to disseminate information concerning these subjects in such manner
    as will best carry out the purposes of the provisions of sections
    1, 3, and 5 to 7 of this title.

-SOURCE-
    (May 16, 1910, ch. 240, Sec. 2, 36 Stat. 370; Feb. 25, 1913, ch.
    72, Sec. 2, 37 Stat. 681; Ex. Ord. No. 4239, June 4, 1925; Ex. Ord.
    No. 6611, Feb. 22, 1934; Pub. L. 102-285, Sec. 10(b), May 18, 1992,
    106 Stat. 172.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out as
    a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.

-End-



-CITE-
    30 USC Sec. 4                                               01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 4. Investigation of lignite coal and peat

-STATUTE-
      The Secretary of the Interior is authorized and directed to make
    experiments and investigations, through the United States Bureau of
    Mines, of lignite coals and peat, to determine the commercial and
    economic practicability of their utilization in producing fuel oil,
    gasoline substitutes, ammonia, tar, solid fuels, gas for power, and
    other purposes. The Secretary of the Interior is authorized and
    directed subject to applicable regulations under the Federal
    Property and Administrative Services Act of 1949,(!1) as amended,
    to sell or otherwise dispose of any property, plant, or machinery
    purchased or acquired under the provisions of this section, as soon
    as the experiments and investigations authorized have been
    concluded, and report the results of such experiments and
    investigations to Congress.


-SOURCE-
    (Feb. 25, 1919, ch. 23, Secs. 1, 2, 40 Stat. 1154; Ex. Ord. No.
    4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934; Oct. 31,
    1951, ch. 654, Sec. 2(18), 65 Stat. 707; Pub. L. 102-285, Sec.
    10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377,
    as amended. Except for title III of the Act, which is classified
    generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title
    41, Public Contracts, the Act was repealed and reenacted by Pub. L.
    107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as
    chapters 1 to 11 of Title 40, Public Buildings, Property, and
    Works.

-COD-
                               CODIFICATION                           
      First sentence of this section is from first clause of section 1
    of act Feb. 25, 1919. Second sentence is from section 2 of said
    act.


-MISC1-
                                AMENDMENTS                            
      1951 - Act Oct. 31, 1951, inserted reference to applicable
    regulations of the Federal Property and Administrative Services Act
    of 1949, as amended.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out as
    a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 4a                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 4a. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 25, 1926, ch. 674, Sec. 1, 44 Stat. 768,
    authorized appropriation of $100,000 for fiscal year ending June
    30, 1927, and the four succeeding fiscal years for investigation of
    potash deposits.

-End-



-CITE-
    30 USC Sec. 4b                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 4b. Cooperation with individuals, municipalities, etc.;
      contracts with owners; agreements as to prices

-STATUTE-
      The Secretary of the Interior and the Secretary of Commerce
    jointly are hereby authorized, within their discretion, to
    cooperate under formal agreement with individuals, associations,
    corporations, States, and municipalities, educational institutions,
    or other bodies, for the purposes of this section: Provided, That
    before undertaking drilling operations upon any tract or tracts of
    land, the mineral deposits of which are not the property of the
    United States, the Secretary of the Interior and the Secretary of
    Commerce jointly shall enter into a contract or contracts with the
    owners or lessees, or both, of the mineral rights therein, and the
    aforesaid contract or contracts shall provide, among other things,
    that, if deposits of potash minerals or oil shall be discovered in
    pursuance of operations under said contract or contracts and if and
    when said mineral deposits shall be mined and sold, the owners or
    lessees, or both, of said mineral rights shall pay to the
    Government and its cooperators a royalty of not less than 2 1/2 
    per centum of the sale value of any potash minerals and oil
    therefrom, said payments to continue until such time as the total
    amount derived from said royalty is equal to not more than the cost
    of the exploration, as may be determined by the Secretary of the
    Interior and the Secretary of Commerce jointly: Provided further,
    That all Federal claims for reimbursement under this section shall
    automatically expire twenty years from the date of approval of the
    contracts entered into, in accordance with the provisions thereof,
    unless sooner terminated by agreement between the owners or lessees
    of the potash mineral rights and oil and the Secretary of the
    Interior and the Secretary of Commerce jointly: Provided further,
    That said contract or contracts shall not restrict the Secretary of
    the Interior and the Secretary of Commerce jointly in the choice of
    drilling locations within the property or in the conduct of the
    exploratory operations, so long as such selection or conduct do not
    interfere unreasonably with the surface of the land or with the
    improvements thereof, and said contract or contracts shall provide
    that the United States shall not be liable for damages on account
    of such reasonable use of the surface as may be necessary in the
    proper conduct of the work.

-SOURCE-
    (June 25, 1926, ch. 674, Sec. 2, 44 Stat. 768; Mar. 3, 1927, ch.
    356, 44 Stat. 1388.)


-MISC1-
                                AMENDMENTS                            
      1927 - Act Mar. 3, 1927, amended provisions generally.

-End-



-CITE-
    30 USC Sec. 4c                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 4c. Investigation of sub-bituminous and lignite coal

-STATUTE-
      The United States Bureau of Mines, under the general direction of
    the Secretary of the Interior, is authorized to conduct
    investigations, studies, and experiments on its own initiative and
    in cooperation with individuals, State institutions, laboratories,
    and other organizations, with a view to (1) the development of a
    commercially practicable carbonization method of processing sub-
    bituminous and lignite coal so as to convert such coal into an all-
    purpose fuel, to provide fertilizers, and obtain such other
    byproducts thereof as may be commercially valuable; (2) the
    development of efficient methods, equipment, and devices for
    burning lignite or char therefrom; and (3) determining and
    developing methods for more efficient utilization of such sub-
    bituminous and lignite coal for purposes of generating electric
    power.

-SOURCE-
    (May 15, 1936, ch. 397, Sec. 1, 49 Stat. 1275; Pub. L. 102-285,
    Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out as
    a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.

-End-



-CITE-
    30 USC Sec. 4d                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 4d. Plants, machinery, and equipment

-STATUTE-
      The United States Bureau of Mines is further authorized, under
    the general direction of the Secretary of the Interior, to erect
    such plants, construct and purchase such machinery and equipment,
    and to take such other steps as it may deem necessary and proper to
    effectuate the purposes of section 4c of this title.

-SOURCE-
    (May 15, 1936, ch. 397, Sec. 2, 49 Stat. 1275; Pub. L. 102-285,
    Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out as
    a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.

-End-



-CITE-
    30 USC Sec. 4e                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 4e. Omitted

-COD-
                               CODIFICATION                           
      Section, act May 15, 1936, ch. 397, Sec. 3, 49 Stat. 1275,
    appropriated $100,000 for carrying out provisions of sections 4c
    and 4d of this title to be expended during certain fiscal years,
    the last ending June 30, 1939.

-End-



-CITE-
    30 USC Secs. 4f to 4o                                       01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Secs. 4f to 4o. Transferred

-COD-
                               CODIFICATION                           
      Sections 4f to 4o were transferred to sections 451 to 460,
    respectively, of this title, and subsequently repealed by Pub. L.
    91-173, title V, Sec. 509, Dec. 30, 1969, 83 Stat. 803.

-End-



-CITE-
    30 USC Sec. 5                                               01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 5. Reports of investigations

-STATUTE-
      The Director of the United States Bureau of Mines shall prepare
    and publish, subject to the direction of the Secretary of the
    Interior, under the appropriations made from time to time by
    Congress, reports of inquiries and investigations, with appropriate
    recommendations of the bureau, concerning the nature, causes, and
    prevention of accidents, and the improvement of conditions,
    methods, and equipment, with special reference to health, safety,
    and prevention of waste in the mining, quarrying, metallurgical,
    and other mineral industries; the use of explosives and
    electricity, safety methods and appliances, and rescue and first-
    aid work in said industries; the causes and prevention of mine
    fires; and other subjects included under the provisions of sections
    1, 3, and 5 to 7 of this title.

-SOURCE-
    (May 16, 1910, ch. 240, Sec. 3, 36 Stat. 370; Feb. 25, 1913, ch.
    72, Sec. 3, 37 Stat. 681; Ex. Ord. No. 4239, June 4, 1925; Ex. Ord.
    No. 6611, Feb. 22, 1934; Pub. L. 102-285, Sec. 10(b), May 18, 1992,
    106 Stat. 172.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out as
    a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.

-End-



-CITE-
    30 USC Sec. 6                                               01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 6. Personal interest of director and members of Bureau in
      mines

-STATUTE-
      In conducting inquiries and investigations authorized under
    sections 1, 3, and 5 to 7 of this title neither the director nor
    any member of the United States Bureau of Mines shall have any
    personal or private interest in any mine or the products of any
    mine under investigation, or shall accept employment from any
    private party for services in the examination of any mine or
    private mineral property, or issue any report as to the valuation
    or the management of any mine or other private mineral property.
    Nothing herein shall be construed as preventing the temporary
    employment by the United States Bureau of Mines, at a compensation
    not to exceed $10 per day, in a consulting capacity or in the
    investigation of special subjects, of any engineer or other expert
    whose principal professional practice is outside of such employment
    by said bureau.

-SOURCE-
    (May 16, 1910, ch. 240, Sec. 4, 36 Stat. 370; Feb. 25, 1913, ch.
    72, Sec. 4, 37 Stat. 682; Pub. L. 102-285, Sec. 10(b), May 18,
    1992, 106 Stat. 172.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out as
    a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.

-End-



-CITE-
    30 USC Sec. 7                                               01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 7. Fees for tests or investigations

-STATUTE-
      For tests or investigations authorized by the Secretary of the
    Interior under the provisions of sections 1, 3, and 5 to 7 of this
    title, except those performed for the Government of the United
    States or State governments within the United States, a fee
    sufficient in each case to compensate the United States Bureau of
    Mines for the entire cost of the services rendered shall be
    charged, according to a schedule prepared by the Director of the
    United States Bureau of Mines and approved by the Secretary of the
    Interior, who shall prescribe rules and regulations under which
    such tests and investigations may be made. All moneys received from
    such sources shall be paid into the Treasury to the credit of
    miscellaneous receipts.

-SOURCE-
    (May 16, 1910, ch. 240, Sec. 5, 36 Stat. 370; Feb. 25, 1913, ch.
    72, Sec. 5, 37 Stat. 682; June 30, 1932, ch. 314, Sec. 311, 47
    Stat. 410; Ex. Ord. No. 4239, June 4, 1935; Ex. Ord. No. 6611, Feb.
    22, 1934; Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat.
    172.)


-MISC1-
                                AMENDMENTS                            
      1932 - Act June 30, 1932, substituted "Secretary of Commerce" for
    "Secretary of the Interior" and changed a reasonable fee to be
    charged to a fee sufficient to compensate for entire cost of
    services rendered.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out as
    a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.


-MISC2-
                     EFFECTIVE DATE OF 1932 AMENDMENT                 
      Amendment by act June 30, 1932, effective July 1, 1932, see
    section 314 of that act.

-End-



-CITE-
    30 USC Sec. 8                                               01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 8. Additional mining experiment stations and mine safety
      stations authorized

-STATUTE-
      The Secretary of the Interior is hereby authorized and directed
    to establish and maintain in the several important mining regions
    of the United States and the Territory of Alaska, as Congress may
    appropriate for the necessary employees and other expenses, under
    the United States Bureau of Mines and in accordance with the
    provisions of sections 1, 3, and 5 to 7 of this title, ten mining
    experiment stations and seven mine safety stations, movable or
    stationary, in addition to those established prior to March 3,
    1915, the province and duty of which shall be to make
    investigations and disseminate information with a view to improving
    conditions in the mining, quarrying, metallurgical, and other
    mineral industries, safeguarding life among employees, preventing
    unnecessary waste of resources, and otherwise contributing to the
    advancement of these industries. Not more than three mining
    experiment stations and mine safety stations authorized in this
    section shall be established in any one fiscal year under the
    appropriations made therefor.

-SOURCE-
    (Mar. 3, 1915, ch. 95, Sec. 1, 38 Stat. 959; Ex. Ord. No. 4239,
    June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934; Pub. L. 102-285,
    Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out as
    a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.


-MISC1-
                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-



-CITE-
    30 USC Sec. 9                                               01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 9. Acceptance of lands from States

-STATUTE-
      The Secretary of the Interior is authorized to accept lands,
    buildings, or other contributions from the several States offering
    to cooperate in carrying out the purposes of section 8 of this
    title.

-SOURCE-
    (Mar. 3, 1915, ch. 95, Sec. 2, 38 Stat. 959; Ex. Ord. No. 6611,
    Feb. 22, 1934.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See note set out under section 1 of this title.

-End-



-CITE-
    30 USC Sec. 10                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 10. Headquarters of mine rescue cars; site for experimental
      work; leases and donations

-STATUTE-
      The Secretary of the Interior is authorized to accept any
    suitable land or lands, buildings, or improvements that may be
    donated for the headquarters of mine rescue cars and construction
    of necessary railway sidings and housing for the same, or as the
    site of an experimental mine and plant for studying explosives, and
    to enter into leases for periods not exceeding ten years, subject
    to annual appropriations by Congress.

-SOURCE-
    (June 5, 1920, ch. 235, Sec. 1, 41 Stat. 912; Ex. Ord. No. 6611,
    Feb. 22, 1934.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See note set out under section 1 of this title.

-End-



-CITE-
    30 USC Sec. 11                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 11. Omitted

-COD-
                               CODIFICATION                           
      Section, act May 9, 1938, ch. 187, Sec. 1, 52 Stat. 329,
    providing that purchase of supplies and equipment or procurement of
    services for Bureau of Mines might be made in open market without
    compliance with section 5 of Title 41, Public Contracts, where
    amount involved did not exceed $100, was a provision of Interior
    Department appropriation act and was discontinued in acts
    subsequent to 1938 appropriation act.

-End-



-CITE-
    30 USC Sec. 12                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 12. Repealed.

-MISC1-
    Sec. 12. Repealed. Oct. 25, 1951, ch. 562, Sec. 1(16), 65 Stat. 638.
      Section, act Aug. 13, 1946, ch. 961, 60 Stat. 1057, related to
    preservation of technical and economic records of domestic sources
    of ores of metals and minerals. See sections 2103, 2908, and 3102
    of Title 44, Public Printing and Documents.

-End-



-CITE-
    30 USC Sec. 13                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 13. Research laboratory for utilization of anthracite coal;
      establishment and maintenance

-STATUTE-
      The Secretary of the Interior, acting through the United States
    Bureau of Mines, is authorized and directed to establish, equip,
    and maintain a research laboratory in the anthracite region of
    Pennsylvania to conduct researches and investigations on the
    mining, preparation, and utilization of anthracite coal and to
    develop new scientific, chemical, and technical uses and new and
    extended markets and outlets for anthracite coal and its products.
    Such laboratory shall be planned as a center for information and
    assistance in matters pertaining to conserving resources for
    national defense; to the more efficient mining, preparation, and
    utilization of anthracite coal; and pertaining to safety, health,
    and sanitation in mining operations and other matters relating to
    problems of the anthracite industry.

-SOURCE-
    (Dec. 18, 1942, ch. 764, Sec. 1, 56 Stat. 1056.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For provisions relating to closure and transfer of functions of
    the United States Bureau of Mines, see note set out under section 1
    of this title.


-MISC1-
                      AUTHORIZATION OF APPROPRIATIONS                  
      Section 5 of act Dec. 18, 1942, provided that: "In order to carry
    out the purposes of this Act [sections 13 to 16 of this title]
    there is authorized to be appropriated, out of any money in the
    Treasury not otherwise appropriated, the sum of (a) $450,000 for
    the erection and equipment of a building or buildings, including
    plumbing, lighting, heating, general service, and experimental
    equipment and apparatus, the necessary roads, walks, and ground
    improvement, and land for the site of the building if no land is
    donated; and (b) $175,000 annually for the maintenance and
    operation of the experimental station, including personal services,
    supplies, equipment, and expenses of travel and subsistence."

-End-



-CITE-
    30 USC Sec. 14                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 14. Acquisition of land; cooperation with other agencies

-STATUTE-
      For the purpose of sections 13 to 16 of this title the Secretary,
    acting through the United States Bureau of Mines, is authorized to
    acquire land and interests therein, and to accept in the name of
    the United States donations of any property, real or personal, and
    to utilize voluntary or uncompensated services at such laboratory.
    The Secretary is authorized and directed to cooperate with other
    departments or agencies of the Federal Government, States, and
    State agencies and institutions, counties, municipalities, business
    or other organizations, corporations, associations, universities,
    scientific societies, and individuals, upon such terms and
    conditions as he may prescribe.

-SOURCE-
    (Dec. 18, 1942, ch. 764, Sec. 2, 56 Stat. 1057.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For provisions relating to closure and transfer of functions of
    the United States Bureau of Mines, see note set out under section 1
    of this title.

-End-



-CITE-
    30 USC Sec. 15                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 15. Repealed.

-MISC1-
    Sec. 15. Repealed. Pub. L. 86-533, Sec. 1(17), June 29, 1960, 74
      Stat. 248.
      Section, act Dec. 18, 1942, ch. 764, Sec. 3, 56 Stat. 1057,
    related to reports to Congress of expenditures and donations to
    laboratory established under sections 13 to 16 of this title.

-End-



-CITE-
    30 USC Sec. 16                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 1 - UNITED STATES BUREAU OF MINES

-HEAD-
    Sec. 16. Research laboratory for utilization of anthracite coal;
      establishment of advisory committee; composition; functions;
      appointment

-STATUTE-
      The Secretary of the Interior, acting through the United States
    Bureau of Mines, may, in his discretion, create and establish an
    advisory committee composed of not more than six members to
    exercise consultative functions, when required by the Secretary, in
    connection with the administration of sections 13 to 16 of this
    title. The said committee shall be composed of representatives of
    anthracite coal mine owners, of representatives of anthracite coal
    mine workers and the public in equal number. The members of said
    committee shall be appointed by the Secretary of the Interior
    without regard to the civil-service laws.

-SOURCE-
    (Dec. 18, 1942, ch. 764, Sec. 4, 56 Stat. 1057.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil-service laws, referred to in text, are set forth in
    Title 5, Government Organization and Employees. See particularly,
    section 3301 et seq. of Title 5.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For provisions relating to closure and transfer of functions of
    the United States Bureau of Mines, see note set out under section 1
    of this title.


-MISC1-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. Advisory
    committees established after Jan. 5, 1973, to terminate not later
    than the expiration of the 2-year period beginning on the date of
    their establishment, unless, in the case of a committee established
    by the President or an officer of the Federal Government, such
    committee is renewed by appropriate action prior to the expiration
    of such 2-year period, or in the case of a committee established by
    the Congress, its duration is otherwise provided for by law. See
    section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

-End-


-CITE-
    30 USC CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN
           GENERAL                                         01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
           CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL       

-MISC1-
    Sec.                                                     
    21.         Mineral lands reserved.                               
    21a.        National mining and minerals policy; "minerals"
                 defined; execution of policy under other authorized
                 programs.                                            
    22.         Lands open to purchase by citizens.                   
    23.         Length of claims on veins or lodes.                   
    24.         Proof of citizenship.                                 
    25.         Affidavit of citizenship.                             
    26.         Locators' rights of possession and enjoyment.         
    27.         Mining tunnels; right to possession of veins on line
                 with; abandonment of right.                          
    28.         Mining district regulations by miners: location,
                 recordation, and amount of work; marking of location
                 on ground; records; annual labor or improvements on
                 claims pending issue of patent; co-owner's succession
                 in interest upon delinquency in contributing
                 proportion of expenditures; tunnel as lode
                 expenditure.                                         
    28-1.       Inclusion of certain surveys in labor requirements of
                 mining claims; conditions and restrictions.          
    28-2.       Definitions.                                          
    28a.        Omitted.                                              
    28b.        Annual assessment work on mining claims; temporary
                 deferment; conditions.                               
    28c.        Length and termination of deferment.                  
    28d.        Performance of deferred work.                         
    28e.        Recordation of deferment.                             
    28f.        Fee.                                                  
    28g.        Location fee.                                         
    28h.        Co-ownership.                                         
    28i.        Failure to pay.                                       
    28j.        Other requirements.                                   
    28k.        Regulations.                                          
    29.         Patents; procurement procedure; filing: application
                 under oath, plat and field notes, notices, and
                 affidavits; posting plat and notice on claim;
                 publication and posting notice in office;
                 certificate; adverse claims; payment per acre;
                 objections; nonresident claimant's agent for
                 execution of application and affidavits.             
    30.         Adverse claims; oath of claimants; requisites; waiver;
                 stay of land office proceedings; judicial
                 determination of right of possession; successful
                 claimants' filing of judgment roll, certificate of
                 labor, and description of claim in land office, and
                 acreage and fee payments; issuance of patents for
                 entire or partial claims upon certification of land
                 office proceedings and judgment roll; alienation of
                 patent title.                                        
    31.         Oath: agent or attorney in fact, beyond district of
                 claim.                                               
    32.         Findings by jury; costs.                              
    33.         Existing rights.                                      
    34.         Description of vein claims on surveyed and unsurveyed
                 lands; monuments on ground to govern conflicting
                 calls.                                               
    35.         Placer claims; entry and proceedings for patent under
                 provisions applicable to vein or lode claims;
                 conforming entry to legal subdivisions and surveys;
                 limitation of claims; homestead entry of segregated
                 agricultural land.                                   
    36.         Subdivisions of 10-acre tracts; maximum of placer
                 locations; homestead claims of agricultural lands;
                 sale of improvements.                                
    37.         Proceedings for patent where boundaries contain vein
                 or lode; application; statement including vein or
                 lode; issuance of patent: acreage payments for vein
                 or lode and placer claim; costs of proceedings;
                 knowledge affecting construction of application and
                 scope of patent.                                     
    38.         Evidence of possession and work to establish right to
                 patent.                                              
    39.         Surveyors of mining claims.                           
    40.         Verification of affidavits.                           
    41.         Intersecting or crossing veins.                       
    42.         Patents for nonmineral lands: application, survey,
                 notice, acreage limitation, payment.                 
    43.         Conditions of sale by local legislature.              
    44, 45.     Omitted.                                              
    46.         Additional land districts and officers.               
    47.         Impairment of rights or interests in certain mining
                 property.                                            
    48.         Lands in Michigan, Wisconsin, and Minnesota; sale and
                 disposal as public lands.                            
    49.         Lands in Missouri and Kansas; disposal as agricultural
                 lands.                                               
    49a.        Mining laws of United States extended to Alaska;
                 exploration and mining for precious metals;
                 regulations; conflict of laws; permits; dumping
                 tailings; pumping from sea; reservation of roadway;
                 title to land below line of high tide or high-water
                 mark; transfer of title to future State.             
    49b.        Mining laws relating to placer claims extended to
                 Alaska.                                              
    49c.        Recording notices of location of Alaskan mining
                 claims.                                              
    49d.        Miners' regulations for recording notices in Alaska;
                 certain records legalized.                           
    49e.        Annual labor or improvements on Alaskan mining claims;
                 affidavits; burden of proof; forfeitures; location
                 anew of claims; perjury.                             
    49f.        Fees of recorders in Alaska for filing proofs of work
                 and improvements.                                    
    50.         Grants to States or corporations not to include
                 mineral lands.                                       
    51.         Water users' vested and accrued rights; enumeration of
                 uses; protection of interest; rights-of-way for
                 canals and ditches; liability for injury or damage to
                 settlers' possession.                                
    52.         Patents or homesteads subject to vested and accrued
                 water rights.                                        
    53.         Possessory actions for recovery of mining titles or
                 for damages to such title.                           
    54.         Liability for damages to stock raising and homestead
                 entries by mining activities.                        

-End-



-CITE-
    30 USC Sec. 21                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 21. Mineral lands reserved

-STATUTE-
      In all cases lands valuable for minerals shall be reserved from
    sale, except as otherwise expressly directed by law.

-SOURCE-
    (R.S. Sec. 2318.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2318 derived from act July 4, 1866, ch. 166, Sec. 5, 14
    Stat. 86.

-End-



-CITE-
    30 USC Sec. 21a                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 21a. National mining and minerals policy; "minerals" defined;
      execution of policy under other authorized programs

-STATUTE-
      The Congress declares that it is the continuing policy of the
    Federal Government in the national interest to foster and encourage
    private enterprise in (1) the development of economically sound and
    stable domestic mining, minerals, metal and mineral reclamation
    industries, (2) the orderly and economic development of domestic
    mineral resources, reserves, and reclamation of metals and minerals
    to help assure satisfaction of industrial, security and
    environmental needs, (3) mining, mineral, and metallurgical
    research, including the use and recycling of scrap to promote the
    wise and efficient use of our natural and reclaimable mineral
    resources, and (4) the study and development of methods for the
    disposal, control, and reclamation of mineral waste products, and
    the reclamation of mined land, so as to lessen any adverse impact
    of mineral extraction and processing upon the physical environment
    that may result from mining or mineral activities.
      For the purpose of this section "minerals" shall include all
    minerals and mineral fuels including oil, gas, coal, oil shale and
    uranium.
      It shall be the responsibility of the Secretary of the Interior
    to carry out this policy when exercising his authority under such
    programs as may be authorized by law other than this section.

-SOURCE-
    (Pub. L. 91-631, title I, Sec. 101, formerly Sec. 2, Dec. 31, 1970,
    84 Stat. 1876; Pub. L. 104-66, title I, Sec. 1081(b), Dec. 21,
    1995, 109 Stat. 721; renumbered title I, Sec. 101, Pub. L. 104-325,
    Sec. 2(1), (2), Oct. 19, 1996, 110 Stat. 3994.)


-MISC1-
                                AMENDMENTS                            
      1995 - Pub. L. 104-66 in last par. struck out at end "For this
    purpose the Secretary of the Interior shall include in his annual
    report to the Congress a report on the state of the domestic
    mining, minerals, and mineral reclamation industries, including a
    statement of the trend in utilization and depletion of these
    resources, together with such recommendations for legislative
    programs as may be necessary to implement the policy of this
    section."

                                SHORT TITLE                            
      Section 1 of Pub. L. 91-631 provided: "That this Act [enacting
    this section] may be cited as the 'Mining and Minerals Policy Act
    of 1970'."

-End-



-CITE-
    30 USC Sec. 22                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 22. Lands open to purchase by citizens

-STATUTE-
      Except as otherwise provided, all valuable mineral deposits in
    lands belonging to the United States, both surveyed and unsurveyed,
    shall be free and open to exploration and purchase, and the lands
    in which they are found to occupation and purchase, by citizens of
    the United States and those who have declared their intention to
    become such, under regulations prescribed by law, and according to
    the local customs or rules of miners in the several mining
    districts, so far as the same are applicable and not inconsistent
    with the laws of the United States.

-SOURCE-
    (R.S. Sec. 2319.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2319 derived from act May 10, 1872, ch. 152, Sec. 1, 17
    Stat. 91.
      Words "Except as otherwise provided," were editorially supplied
    on authority of act Feb. 25, 1920, ch. 85, 41 Stat. 437, popularly
    known as the Mineral Lands Leasing Act, which is classified to
    chapter 3A (Sec. 181 et seq.) of this title.


-MISC1-
                                SHORT TITLE                            
      Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 43, and
    47 of this title are based on sections of the Revised Statutes
    which are derived from act May 10, 1872, ch. 152, 17 Stat. 91,
    popularly known as the "General Mining Act of 1872".

-End-



-CITE-
    30 USC Sec. 23                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 23. Length of claims on veins or lodes

-STATUTE-
      Mining claims upon veins or lodes of quartz or other rock in
    place bearing gold, silver, cinnabar, lead, tin, copper, or other
    valuable deposits, located prior to May 10, 1872, shall be governed
    as to length along the vein or lode by the customs, regulations,
    and laws in force at the date of their location. A mining claim
    located after the 10th day of May 1872, whether located by one or
    more persons, may equal, but shall not exceed, one thousand five
    hundred feet in length along the vein or lode; but no location of a
    mining claim shall be made until the discovery of the vein or lode
    within the limits of the claim located. No claim shall extend more
    than three hundred feet on each side of the middle of the vein at
    the surface, nor shall any claim be limited by any mining
    regulation to less than twenty-five feet on each side of the middle
    of the vein at the surface, except where adverse rights existing on
    the 10th day of May 1872 render such limitation necessary. The end
    lines of each claim shall be parallel to each other.

-SOURCE-
    (R.S. Sec. 2320.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2320 derived from act May 10, 1872, ch. 152, Sec. 2, 17
    Stat. 91.

-End-



-CITE-
    30 USC Sec. 24                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 24. Proof of citizenship

-STATUTE-
      Proof of citizenship, under sections 21, 22 to 24, 26 to 28, 29,
    30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of
    title 43, may consist, in the case of an individual, of his own
    affidavit thereof; in the case of an association of persons
    unincorporated, of the affidavit of their authorized agent, made on
    his own knowledge, or upon information and belief; and in the case
    of a corporation organized under the laws of the United States, or
    of any State or Territory thereof, by the filing of a certified
    copy of their charter or certificate of incorporation.

-SOURCE-
    (R.S. Sec. 2321.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
    to 76 of this title and section 661 of title 43, referred to in
    text, were in the original "this chapter", meaning chapter 6 of
    title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to
    2352.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2321 derived from act May 10, 1872, ch. 152, Sec. 7, 17
    Stat. 94.

-End-



-CITE-
    30 USC Sec. 25                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 25. Affidavit of citizenship

-STATUTE-
      Applicants for mineral patents, if residing beyond the limits of
    the district wherein the claim is situated, may make any oath or
    affidavit required for proof of citizenship before the clerk of any
    court of record or before any notary public of any State or
    Territory.

-SOURCE-
    (Apr. 26, 1882, ch. 106, Sec. 2, 22 Stat. 49.)

-End-



-CITE-
    30 USC Sec. 26                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 26. Locators' rights of possession and enjoyment

-STATUTE-
      The locators of all mining locations made on any mineral vein,
    lode, or ledge, situated on the public domain, their heirs and
    assigns, where no adverse claim existed on the 10th day of May 1872
    so long as they comply with the laws of the United States, and with
    State, territorial, and local regulations not in conflict with the
    laws of the United States governing their possessory title, shall
    have the exclusive right of possession and enjoyment of all the
    surface included within the lines of their locations, and of all
    veins, lodes, and ledges throughout their entire depth, the top or
    apex of which lies inside of such surface lines extended downward
    vertically, although such veins, lodes, or ledges may so far depart
    from a perpendicular in their course downward as to extend outside
    the vertical side lines of such surface locations. But their right
    of possession to such outside parts of such veins or ledges shall
    be confined to such portions thereof as lie between vertical planes
    drawn downward as above described, through the end lines of their
    locations, so continued in their own direction that such planes
    will intersect such exterior parts of such veins or ledges. Nothing
    in this section shall authorize the locator or possessor of a vein
    or lode which extends in its downward course beyond the vertical
    lines of his claim to enter upon the surface of a claim owned or
    possessed by another.

-SOURCE-
    (R.S. Sec. 2322.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2322 derived from act May 10, 1872, ch. 152, Sec. 3, 17
    Stat. 91.

-End-



-CITE-
    30 USC Sec. 27                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 27. Mining tunnels; right to possession of veins on line with;
      abandonment of right

-STATUTE-
      Where a tunnel is run for the development of a vein or lode, or
    for the discovery of mines, the owners of such tunnel shall have
    the right of possession of all veins or lodes within three thousand
    feet from the face of such tunnel on the line thereof, not
    previously known to exist, discovered in such tunnel, to the same
    extent as if discovered from the surface; and locations on the line
    of such tunnel of veins or lodes not appearing on the surface, made
    by other parties after the commencement of the tunnel, and while
    the same is being prosecuted with reasonable diligence, shall be
    invalid; but failure to prosecute the work on the tunnel for six
    months shall be considered as an abandonment of the right to all
    undiscovered veins on the line of such tunnel.

-SOURCE-
    (R.S. Sec. 2323.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2323 derived from act May 10, 1872, ch. 152, Sec. 4, 17
    Stat. 92.


-MISC1-
                                SHORT TITLE                            
      This section is popularly known as the Tunnel Site Act.

-End-



-CITE-
    30 USC Sec. 28                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28. Mining district regulations by miners: location,
      recordation, and amount of work; marking of location on ground;
      records; annual labor or improvements on claims pending issue of
      patent; co-owner's succession in interest upon delinquency in
      contributing proportion of expenditures; tunnel as lode
      expenditure

-STATUTE-
      The miners of each mining district may make regulations not in
    conflict with the laws of the United States, or with the laws of
    the State or Territory in which the district is situated, governing
    the location, manner of recording, amount of work necessary to hold
    possession of a mining claim, subject to the following
    requirements: The location must be distinctly marked on the ground
    so that its boundaries can be readily traced. All records of mining
    claims made after May 10, 1872, shall contain the name or names of
    the locators, the date of the location, and such a description of
    the claim or claims located by reference to some natural object or
    permanent monument as will identify the claim. On each claim
    located after the 10th day of May 1872, that is granted a waiver
    under section 28f of this title, and until a patent has been issued
    therefor, not less than $100 worth of labor shall be performed or
    improvements made during each year. On all claims located prior to
    the 10th day of May 1872, $10 worth of labor shall be performed or
    improvements made each year, for each one hundred feet in length
    along the vein until a patent has been issued therefor; but where
    such claims are held in common, such expenditure may be made upon
    any one claim; and upon a failure to comply with these conditions,
    the claim or mine upon which such failure occurred shall be open to
    relocation in the same manner as if no location of the same had
    ever been made, provided that the original locators, their heirs,
    assigns, or legal representatives, have not resumed work upon the
    claim after failure and before such location. Upon the failure of
    any one of several coowners to contribute his proportion of the
    expenditures required hereby, the coowners who have performed the
    labor or made the improvements may, at the expiration of the year,
    give such delinquent co-owner personal notice in writing or notice
    by publication in the newspaper published nearest the claim, for at
    least once a week for ninety days, and if at the expiration of
    ninety days after such notice in writing or by publication such
    delinquent should fail or refuse to contribute his proportion of
    the expenditure required by this section, his interest in the claim
    shall become the property of his co-owners who have made the
    required expenditures. The period within which the work required to
    be done annually on all unpatented mineral claims located since May
    10, 1872, including such claims in the Territory of Alaska, shall
    commence at 12 o'clock meridian on the 1st day of September
    succeeding the date of location of such claim.
      Where a person or company has or may run a tunnel for the
    purposes of developing a lode or lodes, owned by said person or
    company, the money so expended in said tunnel shall be taken and
    considered as expended on said lode or lodes, whether located prior
    to or since May 10, 1872; and such person or company shall not be
    required to perform work on the surface of said lode or lodes in
    order to hold the same as required by this section. On all such
    valid claims the annual period ending December 31, 1921, shall
    continue to 12 o'clock meridian July 1, 1922.

-SOURCE-
    (R.S. Sec. 2324; Feb. 11, 1875, ch. 41, 18 Stat. 315; Jan. 22,
    1880, ch. 9, Sec. 2, 21 Stat. 61; Aug. 24, 1921, ch. 84, 42 Stat.
    186; Pub. L. 85-736, Sec. 1, Aug. 23, 1958, 72 Stat. 829; Pub. L.
    103-66, title X, Sec. 10105(b), Aug. 10, 1993, 107 Stat. 406.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2324 derived from act May 10, 1872, ch. 152, Sec. 5, 17
    Stat. 92.


-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-66 inserted "that is granted a waiver under
    section 28f of this title," after "On each claim located after the
    10th day of May 1872,".
      1958 - Pub. L. 85-736 changed period for doing annual assessment
    work on unpatented mineral claims, substituting "1st day of
    September" for "1st day of July".

                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

                ASSESSMENT WORK YEARS, 1957-58 AND 1958-59            
      Section 2 of Pub. L. 85-736 provided that the period commencing
    in 1957 for the performance of annual assessment work under this
    section shall end at 12 o'clock meridian on the 1st day of July
    1958, and the period commencing in 1958 for the performance of such
    annual assessment work shall commence at 12 o'clock meridian on the
    1st day of July 1958, and shall continue to 12 o'clock meridian on
    Sept. 1, 1959.

-End-



-CITE-
    30 USC Sec. 28-1                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28-1. Inclusion of certain surveys in labor requirements of
      mining claims; conditions and restrictions

-STATUTE-
      The term "labor", as used in the third sentence of section 28 of
    this title, shall include, without being limited to, geological,
    geochemical and geophysical surveys conducted by qualified experts
    and verified by a detailed report filed in the county office in
    which the claim is located which sets forth fully (a) the location
    of the work performed in relation to the point of discovery and
    boundaries of the claim, (b) the nature, extent, and cost thereof,
    (c) the basic findings therefrom, and (d) the name, address, and
    professional background of the person or persons conducting the
    work. Such surveys, however, may not be applied as labor for more
    than two consecutive years or for more than a total of five years
    on any one mining claim, and each such survey shall be
    nonrepetitive of any previous survey on the same claim.

-SOURCE-
    (Pub. L. 85-876, Sec. 1, Sept. 2, 1958, 72 Stat. 1701.)

-End-



-CITE-
    30 USC Sec. 28-2                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28-2. Definitions

-STATUTE-
      As used in section 28-1 of this title,
      (a) The term "geological surveys" means surveys on the ground for
    mineral deposits by the proper application of the principles and
    techniques of the science of geology as they relate to the search
    for and discovery of mineral deposits;
      (b) The term "geochemical surveys" means surveys on the ground
    for mineral deposits by the proper application of the principles
    and techniques of the science of chemistry as they relate to the
    search for and discovery of mineral deposits;
      (c) The term "geophysical surveys" means surveys on the ground
    for mineral deposits through the employment of generally recognized
    equipment and methods for measuring physical differences between
    rock types or discontinuities in geological formations;
      (d) The term "qualified expert" means an individual qualified by
    education or experience to conduct geological, geochemical or
    geophysical surveys, as the case may be.

-SOURCE-
    (Pub. L. 85-876, Sec. 2, Sept. 2, 1958, 72 Stat. 1701.)

-End-



-CITE-
    30 USC Sec. 28a                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28a. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 29, 1950, ch. 404, 64 Stat. 275, provided for
    extension of time of annual assessment work, on mining claims in
    the United States, including Alaska, for period commencing July 1,
    1949, until 12 o'clock noon Oct. 1, 1950, and also provided for
    commencement of assessment work or improvements required for year
    ending 12 o'clock noon July 1, 1951, immediately following 12
    o'clock noon July 1, 1950. See sections 28b to 28e of this title.

-End-



-CITE-
    30 USC Sec. 28b                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28b. Annual assessment work on mining claims; temporary
      deferment; conditions

-STATUTE-
      The performance of not less than $100 worth of labor or the
    making of improvements aggregating such amount, which labor or
    improvements are required under the provisions of section 28 of
    this title to be made during each year, may be deferred by the
    Secretary of the Interior as to any mining claim or group of claims
    in the United States upon the submission by the claimant of
    evidence satisfactory to the Secretary that such mining claim or
    group of claims is surrounded by lands over which a right-of-way
    for the performance of such assessment work has been denied or is
    in litigation or is in the process of acquisition under State law
    or that other legal impediments exist which affect the right of the
    claimant to enter upon the surface of such claim or group of claims
    or to gain access to the boundaries thereof.

-SOURCE-
    (June 21, 1949, ch. 232, Sec. 1, 63 Stat. 214.)

-End-



-CITE-
    30 USC Sec. 28c                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28c. Length and termination of deferment

-STATUTE-
      The period for which said deferment may be granted shall end when
    the conditions justifying deferment have been removed: Provided,
    That the initial period shall not exceed one year but may be
    renewed for a further period of one year if justifiable conditions
    exist: Provided further, That the relief available under sections
    28b to 28e of this title is in addition to any relief available
    under any other Act of Congress with respect to mining claims.

-SOURCE-
    (June 21, 1949, ch. 232, Sec. 2, 63 Stat. 215.)

-End-



-CITE-
    30 USC Sec. 28d                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28d. Performance of deferred work

-STATUTE-
      All deferred assessment work shall be performed not later than
    the end of the assessment year next subsequent to the removal or
    cessation of the causes for deferment or the expiration of any
    deferments granted under sections 28b to 28e of this title and
    shall be in addition to the annual assessment work required by law
    in such year.

-SOURCE-
    (June 21, 1949, ch. 232, Sec. 3, 63 Stat. 215.)

-End-



-CITE-
    30 USC Sec. 28e                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28e. Recordation of deferment

-STATUTE-
      Claimant shall file or record or cause to be filed or recorded in
    the office where the notice or certificate of location of such
    claim or group of claims is filed or recorded, a notice to the
    public of claimant's petition to the Secretary of the Interior for
    deferment under sections 28b to 28e of this title, and of the order
    or decision disposing of such petition.

-SOURCE-
    (June 21, 1949, ch. 232, Sec. 4, 63 Stat. 215.)

-End-



-CITE-
    30 USC Sec. 28f                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28f. Fee

-STATUTE-
    (a) Claim maintenance fee
      The holder of each unpatented mining claim, mill, or tunnel site,
    located pursuant to the mining laws of the United States, whether
    located before, on or after August 10, 1993, shall pay to the
    Secretary of the Interior, on or before September 1 of each year
    for years 2004 through 2008, a claim maintenance fee of $100 per
    claim or site (!1) Such claim maintenance fee shall be in lieu of
    the assessment work requirement contained in the Mining Law of 1872
    (30 U.S.C. 28-28e) (!2) and the related filing requirements
    contained in section 1744(a) and (c) of title 43.


    (b) Time of payment
      The claim maintenance fee payable pursuant to subsection (a) of
    this section for any assessment year shall be paid before the
    commencement of the assessment year, except that for the initial
    assessment year in which the location is made, the locator shall
    pay the claim maintenance fee at the time the location notice is
    recorded with the Bureau of Land Management. The location fee
    imposed under section 28g of this title shall be payable not later
    than 90 days after the date of location.
    (c) Oil shale claims subject to claim maintenance fees under Energy
      Policy Act of 1992
      This section shall not apply to any oil shale claims for which a
    fee is required to be paid under section 2511(e)(2) of the Energy
    Policy Act of 1992 (Public Law 102-486; 106 Stat. 3111; 30 U.S.C.
    242).
    (d) Waiver
      (1) The claim maintenance fee required under this section may be
    waived for a claimant who certifies in writing to the Secretary
    that on the date the payment was due, the claimant and all related
    parties - 
        (A) held not more than 10 mining claims, mill sites, or tunnel
      sites, or any combination thereof, on public lands; and
        (B) have performed assessment work required under the Mining
      Law of 1872 (30 U.S.C. 28-28e) (!2) to maintain the mining claims
      held by the claimant and such related parties for the assessment
      year ending on noon of September 1 of the calendar year in which
      payment of the claim maintenance fee was due.

      (2) For purposes of paragraph (1), with respect to any claimant,
    the term "related party" means - 
        (A) the spouse and dependent children (as defined in section
      152 of title 26), of the claimant; and
        (B) a person who controls, is controlled by, or is under common
      control with the claimant.

    For purposes of this section, the term control includes actual
    control, legal control, and the power to exercise control, through
    or by common directors, officers, stockholders, a voting trust, or
    a holding company or investment company, or any other means.
      (3) If a small miner waiver application is determined to be
    defective for any reason, the claimant shall have a period of 60
    days after receipt of written notification of the defect or defects
    by the Bureau of Land Management to: (A) cure such defect or
    defects, or (B) pay the $100 claim maintenance fee due for such
    period.

-SOURCE-
    (Pub. L. 103-66, title X, Sec. 10101, Aug. 10, 1993, 107 Stat. 405;
    Pub. L. 105-240, Sec. 116, Sept. 25, 1998, 112 Stat. 1570; Pub. L.
    105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112 Stat.
    2681-231, 2681-235; Pub. L. 107-63, title I, [(1)], Nov. 5, 2001,
    115 Stat. 418; Pub. L. 108-108, title I, Nov. 10, 2003, 117 Stat.
    1245.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in subsec. (a),
    are classified generally to this title.
      The Mining Law of 1872 (30 U.S.C. 28-28e), referred to in
    subsecs. (a) and (d)(1)(B), probably means act May 10, 1872, ch.
    152, 17 Stat. 91, as amended. That act was incorporated into the
    Revised Statutes as R.S. Secs. 2319 to 2328, 2331, 2333 to 2337,
    and 2344, which are classified to sections 22 to 24, 26 to 28, 29,
    30, 33 to 35, 37, 39 to 42, and 47 of this title. For complete
    classification of R.S. Secs. 2319 to 2328, 2331, 2333 to 2337, and
    2344 to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Pub. L. 108-108, which directed the amendment of section 28 of
    title 30, United States Code, "in section 28f(a)", was executed by
    making the amendment to section 10101 of Pub. L. 103-66, which is
    classified to this section, to reflect the probable intent of
    Congress. See 2003 Amendment note below.
      Pub. L. 107-63, which directed the amendment of section 28f of
    title 30, United States Code, was executed by making the amendment
    to section 10101 of Pub. L. 103-66, which is classified to this
    section, to reflect the probable intent of Congress. See 2001
    Amendment note below.
      Pub. L. 105-277, which directed the amendment of section 28f of
    title 30, United States Code, was executed by making the amendment
    to section 10101 of Pub. L. 103-66, which is classified to this
    section, to reflect the probable intent of Congress. See 1998
    Amendment notes below.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-108 substituted "for years 2004
    through 2008" for "for years 2002 through 2003". See Codification
    note above.
      2001 - Subsec. (a). Pub. L. 107-63 added first sentence and
    struck out former first sentence which read as follows: "The holder
    of each unpatented mining claim, mill, or tunnel site, located
    pursuant to the mining laws of the United States, whether located
    before or after August 10, 1993, shall pay to the Secretary of the
    Interior, on or before September 1 of each year for years 1999
    through 2001, a claim maintenance fee of $100 per claim or site."
    See Codification note above.
      1998 - Subsec. (a). Pub. L. 105-277 added first sentence and
    struck out former first sentence which read as follows: "The holder
    of each unpatented mining claim, mill, or tunnel site located
    pursuant to the mining laws of the United States before October 1,
    1998 shall pay the Secretary of the Interior, on or before
    September 1, 1999 a claim maintenance fee of $100 per claim site."
    See Codification note above.
      Pub. L. 105-240 substituted "The holder of each unpatented mining
    claim, mill, or tunnel site located pursuant to the mining laws of
    the United States before October 1, 1998 shall pay the Secretary of
    the Interior, on or before September 1, 1999 a claim maintenance
    fee of $100 per claim site." for "The holder of each unpatented
    mining claim, mill or tunnel site located pursuant to the Mining
    Laws of the United States, whether located before or after August
    10, 1993, shall pay to the Secretary of the Interior, on or before
    August 31 of each year, for years 1994 through 1998, a claim
    maintenance fee of $100 per claim."
      Subsec. (d)(3). Pub. L. 105-277 added par. (3). See Codification
    note above.

                            SIMILAR PROVISIONS                        
      Similar provisions were contained in Pub. L. 102-381, title I,
    Oct. 5, 1992, 106 Stat. 1378, 1379.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a period.

    (!2) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 28g                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28g. Location fee

-STATUTE-
      Notwithstanding any other provision of law, for every unpatented
    mining claim, mill or tunnel site located after August 10, 1993,
    and before September 30, 2008, pursuant to the Mining Laws of the
    United States, the locator shall, at the time the location notice
    is recorded with the Bureau of Land Management, pay to the
    Secretary of the Interior a location fee, in addition to the claim
    maintenance fee required by section 28f of this title, of $25.00
    per claim.

-SOURCE-
    (Pub. L. 103-66, title X, Sec. 10102, Aug. 10, 1993, 107 Stat. 406;
    Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112
    Stat. 2681-231, 2681-235; Pub. L. 107-63, title I, [(2)], Nov. 5,
    2001, 115 Stat. 419; Pub. L. 108-108, title I, Nov. 10, 2003, 117
    Stat. 1245.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mining Laws of the United States, referred to in text, are
    classified generally to this title.

-COD-
                               CODIFICATION                           
      Pub. L. 108-108, which directed the amendment of section 28 of
    title 30, United States Code, "in section 28g", was executed by
    making the amendment to section 10102 of Pub. L. 103-66, which is
    classified to this section, to reflect the probable intent of
    Congress. See 2003 Amendment note below.
      Pub. L. 107-63, which directed the amendment of section 28f(a) of
    title 30, United States Code, in section 28g, was executed by
    making the amendment to section 10102 of Pub. L. 103-66, which is
    classified to this section, to reflect the probable intent of
    Congress. See 2001 Amendment note below.
      Pub. L. 105-277, which directed the amendment of section 28g of
    title 30, United States Code, was executed by making the amendment
    to section 10102 of Pub. L. 103-66, which is classified to this
    section, to reflect the probable intent of Congress. See 1998
    Amendment note below.


-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-108 substituted "2008" for "2003". See
    Codification note above.
      2001 - Pub. L. 107-63 substituted "2003" for "2001". See
    Codification note above.
      1998 - Pub. L. 105-277 substituted "2001" for "1998". See
    Codification note above.

                            SIMILAR PROVISIONS                        
      Similar provisions were contained in Pub. L. 102-381, title I,
    Oct. 5, 1992, 106 Stat. 1378, 1379.

-End-



-CITE-
    30 USC Sec. 28h                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28h. Co-ownership

-STATUTE-
      The co-ownership provisions of the Mining Law of 1872 (30 U.S.C.
    28) (!1) shall remain in effect, except that in applying such
    provisions, the annual claim maintenance fee required under this
    Act shall, where applicable, replace applicable assessment
    requirements and expenditures.


-SOURCE-
    (Pub. L. 103-66, title X, Sec. 10103, Aug. 10, 1993, 107 Stat.
    406.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mining Law of 1872 (30 U.S.C. 28), referred to in text,
    probably means act May 10, 1872, ch. 152, 17 Stat. 91, as amended.
    That act was incorporated into the Revised Statutes as R.S. Secs.
    2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to
    sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47
    of this title. For complete classification of R.S. Secs. 2319 to
    2328, 2331, 2333 to 2337, and 2344 to the Code, see Tables.
      This Act, referred to in text, is Pub. L. 103-66, Aug. 10, 1993,
    107 Stat. 312, known as the Omnibus Budget Reconciliation Act of
    1993. The annual claim maintenance fee required under this Act
    probably refers to the fee required under section 28f of this
    title. For complete classification of this Act to the Code, see
    Tables.


-MISC1-
                            SIMILAR PROVISIONS                        
      Similar provisions were contained in Pub. L. 102-381, title I,
    Oct. 5, 1992, 106 Stat. 1378, 1379.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 28i                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28i. Failure to pay

-STATUTE-
      Failure to pay the claim maintenance fee or the location fee as
    required by sections 28f to 28k of this title shall conclusively
    constitute a forfeiture of the unpatented mining claim, mill or
    tunnel site by the claimant and the claim shall be deemed null and
    void by operation of law.

-SOURCE-
    (Pub. L. 103-66, title X, Sec. 10104, Aug. 10, 1993, 107 Stat.
    406.)


-MISC1-
                            SIMILAR PROVISIONS                        
      Similar provisions were contained in Pub. L. 102-381, title I,
    Oct. 5, 1992, 106 Stat. 1378, 1379.

-End-



-CITE-
    30 USC Sec. 28j                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28j. Other requirements

-STATUTE-
    (a) Federal Land Policy and Management Act requirements
      Nothing in sections 28f to 28k of this title shall change or
    modify the requirements of section 314(b) of the Federal Land
    Policy and Management Act of 1976 (43 U.S.C. 1744(b)), or the
    requirements of section 314(c) of the Federal Land Policy and
    Management Act of 1976 (43 U.S.C. 1744(c)) related to filings
    required by section 314(b), and such requirements shall remain in
    effect with respect to claims, and mill or tunnel sites for which
    fees are required to be paid under this section.
    (b) Omitted
    (c) Fee adjustments
      (1) The Secretary of the Interior shall adjust the fees required
    by sections 28f to 28k of this title to reflect changes in the
    Consumer Price Index published by the Bureau of Labor Statistics of
    the Department of Labor every 5 years after August 10, 1993, or
    more frequently if the Secretary determines an adjustment to be
    reasonable.
      (2) The Secretary shall provide claimants notice of any
    adjustment made under this subsection not later than July 1 of any
    year in which the adjustment is made.
      (3) A fee adjustment under this subsection shall begin to apply
    the first assessment year which begins after adjustment is made.

-SOURCE-
    (Pub. L. 103-66, title X, Sec. 10105, Aug. 10, 1993, 107 Stat.
    406.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 10105 of Pub. L. 103-66. Subsec.
    (b) of section 10105 of Pub. L. 103-66 amended section 28 of this
    title.


-MISC1-
                            SIMILAR PROVISIONS                        
      Similar provisions were contained in Pub. L. 102-381, title I,
    Oct. 5, 1992, 106 Stat. 1378, 1379.

-End-



-CITE-
    30 USC Sec. 28k                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 28k. Regulations

-STATUTE-
      The Secretary of the Interior shall promulgate rules and
    regulations to carry out the terms and conditions of sections 28f
    to 28k of this title as soon as practicable after August 10, 1993.

-SOURCE-
    (Pub. L. 103-66, title X, Sec. 10106, Aug. 10, 1993, 107 Stat.
    407.)


-MISC1-
                            SIMILAR PROVISIONS                        
      Similar provisions were contained in Pub. L. 102-381, title I,
    Oct. 5, 1992, 106 Stat. 1378, 1379.

-End-



-CITE-
    30 USC Sec. 29                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 29. Patents; procurement procedure; filing: application under
      oath, plat and field notes, notices, and affidavits; posting plat
      and notice on claim; publication and posting notice in office;
      certificate; adverse claims; payment per acre; objections;
      nonresident claimant's agent for execution of application and
      affidavits

-STATUTE-
      A patent for any land claimed and located for valuable deposits
    may be obtained in the following manner: Any person, association,
    or corporation authorized to locate a claim under sections 21, 22
    to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title
    and section 661 of title 43, having claimed and located a piece of
    land for such purposes, who has, or have, complied with the terms
    of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
    to 76 of this title, and section 661 of title 43, may file in the
    proper land office an application for a patent, under oath, showing
    such compliance, together with a plat and field notes of the claim
    or claims in common, made by or under the direction of the Director
    of the Bureau of Land Management, showing accurately the boundaries
    of the claim or claims, which shall be distinctly marked by
    monuments on the ground, and shall post a copy of such plat,
    together with a notice of such application for a patent, in a
    conspicuous place on the land embraced in such plat previous to the
    filing of the application for a patent, and shall file an affidavit
    of at least two persons that such notice has been duly posted, and
    shall file a copy of the notice in such land office, and shall
    thereupon be entitled to a patent for the land, in the manner
    following: The register of the land office, upon the filing of such
    application, plat, field notes, notices, and affidavits, shall
    publish a notice that such application has been made, for the
    period of sixty days, in a newspaper to be by him designated as
    published nearest to such claim; and he shall also post such notice
    in his office for the same period. The claimant at the time of
    filing this application, or at any time thereafter, within the
    sixty days of publication, shall file with the register a
    certificate of the Director of the Bureau of Land Management that
    $500 worth of labor has been expended or improvements made upon the
    claim by himself or grantors; that the plat is correct, with such
    further description by such reference to natural objects or
    permanent monuments as shall identify the claim, and furnish an
    accurate description, to be incorporated in the patent. At the
    expiration of the sixty days of publication the claimant shall file
    his affidavit, showing that the plat and notice have been posted in
    a conspicuous place on the claim during such period of publication.
    If no adverse claim shall have been filed with the register of the
    proper land office at the expiration of the sixty days of
    publication, it shall be assumed that the applicant is entitled to
    a patent, upon the payment to the proper officer of $5 per acre,
    and that no adverse claim exists; and thereafter no objection from
    third parties to the issuance of a patent shall be heard, except it
    be shown that the applicant has failed to comply with the terms of
    sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to
    76 of this title and section 661 of title 43. Where the claimant
    for a patent is not a resident of or within the land district
    wherein the vein, lode, ledge, or deposit sought to be patented is
    located, the application for patent and the affidavits required to
    be made in this section by the claimant for such patent may be made
    by his, her, or its authorized agent, where said agent is
    conversant with the facts sought to be established by said
    affidavits.

-SOURCE-
    (R.S. Sec. 2325; Jan. 22, 1880, ch. 9, Sec. 1, 21 Stat. 61; Mar. 3,
    1925, ch. 462, 43 Stat. 1144, 1145; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
    to 76 of this title and section 661 of title 43, referred to in
    text, were in the original "this chapter", meaning chapter 6 of
    title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to
    2352.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2325 derived from act May 10, 1872, ch. 152, Sec. 6, 17
    Stat. 92.


-MISC1-
                                AMENDMENTS                            
      1925 - Act Mar. 3, 1925, affected words, in first sentence of
    text, now reading "United States supervisor of surveys," and words,
    in next to last sentence of text, now reading "register of the
    proper land office." Those words formerly read "United States
    surveyor general" and "register and receiver of the proper land
    office," respectively. This act abolished the office of surveyor
    general, and transferred to and consolidated with the Field
    Surveying Service, under the jurisdiction of the U.S. Supervisor of
    Surveys, the administration, equipment, etc., of such office, and
    consolidated the offices and functions of the register and
    receiver.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Director of the Bureau of Land Management substituted for United
    States Supervisor of Surveys wherever appearing. In the
    establishment of The Bureau of Land Management by Reorg. Plan No. 3
    of 1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,
    set out in the Appendix to Title 5, Government Organization and
    Employees, the office of Supervisor of Surveys was abolished and
    the functions and powers were transferred to the Secretary of the
    Interior, to be performed by such officers or agencies of the
    Department as might be designated by the Secretary. Under that
    authority, the functions and powers formerly exercised by the
    Supervisor of Surveys were delegated to the Chief Cadastral
    Engineer, subject to the supervision of the Director of the Bureau
    of Land Management. In the general reorganization and realignment
    of functions of the Bureau, the office of the Chief Cadastral
    Engineer was abolished, and the functions of that office have been
    delegated to the Director of the Bureau of Land Management. See 43
    C.F.R. Sec. 9180.0-3(a)(1).
      Office of register of district land office abolished and all
    functions of register transferred to Secretary of the Interior, or
    to officers and agencies of Department of the Interior as Secretary
    may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, set out in
    the Appendix to Title 5.
      See also Transfer of Functions note set out under section 1 of
    this title.

-End-



-CITE-
    30 USC Sec. 30                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 30. Adverse claims; oath of claimants; requisites; waiver;
      stay of land office proceedings; judicial determination of right
      of possession; successful claimants' filing of judgment roll,
      certificate of labor, and description of claim in land office,
      and acreage and fee payments; issuance of patents for entire or
      partial claims upon certification of land office proceedings and
      judgment roll; alienation of patent title

-STATUTE-
      Where an adverse claim is filed during the period of publication,
    it shall be upon oath of the person or persons making the same, and
    shall show the nature, boundaries, and extent of such adverse
    claim, and all proceedings, except the publication of notice and
    making and filing of the affidavit thereof, shall be stayed until
    the controversy shall have been settled or decided by a court of
    competent jurisdiction, or the adverse claim waived. It shall be
    the duty of the adverse claimant, within thirty days after filing
    his claim, to commence proceedings in a court of competent
    jurisdiction, to determine the question of the right of possession,
    and prosecute the same with reasonable diligence to final judgment;
    and a failure so to do shall be a waiver of his adverse claim.
    After such judgment shall have been rendered, the party entitled to
    the possession of the claim, or any portion thereof, may, without
    giving further notice, file a certified copy of the judgment roll
    with the register of the land office, together with the certificate
    of the Director of the Bureau of Land Management that the requisite
    amount of labor has been expended or improvements made thereon, and
    the description required in other cases, and shall pay to the
    register $5 per acre for his claim, together with the proper fees,
    whereupon the whole proceedings and the judgment roll shall be
    certified by the register to the Director of the Bureau of Land
    Management, and a patent shall issue thereon for the claim, or such
    portion thereof as the applicant shall appear, from the decision of
    the court, to rightly possess. If it appears from the decision of
    the court that several parties are entitled to separate and
    different portions of the claim, each party may pay for his portion
    of the claim, with the proper fees, and file the certificate and
    description by the Director of the Bureau of Land Management
    whereupon the register shall certify the proceedings and judgment
    roll to the Director of the Bureau of Land Management, as in the
    preceding case, and patents shall issue to the several parties
    according to their respective rights. Nothing herein contained
    shall be construed to prevent the alienation of the title conveyed
    by a patent for a mining claim to any person whatever.

-SOURCE-
    (R.S. Sec. 2326; Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946
    Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2326 derived from act May 10, 1872, ch. 152, Sec. 7, 17
    Stat. 93.


-MISC1-
                                AMENDMENTS                            
      1925 - Act Mar. 3, 1925, affected words, in third and fourth
    sentences of text, now reading "United States supervisor of
    surveys", and words, in third sentence of text, now reading "pay to
    the register $5 per acre." Such words formerly read "surveyor-
    general", and "pay to the receiver five dollars per acre",
    respectively. Such act is treated more fully in notes under section
    29 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Director of the Bureau of Land Management substituted for United
    States Supervisor of Surveys following the words "certificate of
    the" in sentence beginning "After such judgment" and following the
    words "description by the" in sentence beginning "If it appears".
    In the establishment of the Bureau of Land Management by Reorg.
    Plan No. 3 of 1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100, set out in the Appendix to Title 5, Government
    Organization and Employees, the office of Supervisor of Surveys was
    abolished and the functions and powers were transferred to the
    Secretary of the Interior, to be performed by such officers or
    agencies of the Department as might be designated by the Secretary.
    Under that authority, the functions and powers formerly exercised
    by the Supervisor of Surveys were delegated to the Chief Cadastral
    Engineer, subject to the supervision of the Director of the Bureau
    of Land Management. In the general reorganization and realignment
    of functions of the Bureau, the office of the Chief Cadastral
    Engineer was abolished, and the functions of that office have been
    delegated to the Director of the Bureau of Land Management. See 43
    C.F.R. Sec. 9180.0-3(a)(1).
      "Director of the Bureau of Land Management" was substituted for
    "Commissioner of the General Land Office" following the words
    "register to the" in sentence beginning "After such judgment" and
    in sentence beginning "If it appears" following the words "judgment
    roll to the" on authority of Reorg. Plan No. 3 of 1946, set Sec.
    403, set out in the Appendix to Title 5. Section 403 of Reorg. Plan
    No. 3 of 1946, abolished the office of the Commissioner of the
    General Land Office and consolidated the functions of the General
    Land Office with the Grazing Service to form the Bureau of Land
    Management.
      Office of register of district land office abolished and all
    functions of register transferred to Secretary of the Interior, or
    to officers and agencies of Department of the Interior as Secretary
    may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, set out in
    the Appendix to Title 5.

-End-



-CITE-
    30 USC Sec. 31                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 31. Oath: agent or attorney in fact, beyond district of claim

-STATUTE-
      The adverse claim required by section 30 of this title may be
    verified by the oath of any duly authorized agent or attorney in
    fact of the adverse claimant cognizant of the facts stated; and the
    adverse claimant, if residing or at the time being beyond the
    limits of the district wherein the claim is situated, may make oath
    to the adverse claim before the clerk of any court of record of the
    United States or of the State or Territory where the adverse
    claimant may then be, or before any notary public of such State or
    Territory.

-SOURCE-
    (Apr. 26, 1882, ch. 106, Sec. 1, 22 Stat. 49.)

-End-



-CITE-
    30 USC Sec. 32                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 32. Findings by jury; costs

-STATUTE-
      If, in any action brought pursuant to section 30 of this title,
    title to the ground in controversy shall not be established by
    either party, the jury shall so find, and judgment shall be entered
    according to the verdict. In such case costs shall not be allowed
    to either party, and the claimant shall not proceed in the land
    office or be entitled to a patent for the ground in controversy
    until he shall have perfected his title.

-SOURCE-
    (Mar. 3, 1881, ch. 140, 21 Stat. 505.)

-End-



-CITE-
    30 USC Sec. 33                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 33. Existing rights

-STATUTE-
      All patents for mining claims upon veins or lodes issued prior to
    May 10, 1872, shall convey all the rights and privileges conferred
    by sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
    to 76 of this title and section 661 of title 43 where no adverse
    rights existed on the 10th day of May, 1872.

-SOURCE-
    (R.S. Sec. 2328.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
    to 76 of this title and section 661 of title 43, referred to in
    text, were in the original "this chapter", meaning chapter 6 of
    title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to
    2352.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2328 derived from act May 10, 1872, ch. 152, Sec. 9, 17
    Stat. 94.
      Provision of this section respecting prosecution of applications
    for patents for mining claims in General Land Office, pending May
    10, 1872, was omitted from the Code.

-End-



-CITE-
    30 USC Sec. 34                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 34. Description of vein claims on surveyed and unsurveyed
      lands; monuments on ground to govern conflicting calls

-STATUTE-
      The description of vein or lode claims upon surveyed lands shall
    designate the location of the claims with reference to the lines of
    the public survey, but need not conform therewith; but where
    patents have been or shall be issued for claims upon unsurveyed
    lands, the Director of the Bureau of Land Management in extending
    the public survey, shall adjust the same to the boundaries of said
    patented claims so as in no case to interfere with or change the
    true location of such claims as they are officially established
    upon the ground. Where patents have issued for mineral lands, those
    lands only shall be segregated and shall be deemed to be patented
    which are bounded by the lines actually marked, defined, and
    established upon the ground by the monuments of the official survey
    upon which the patent grant is based, and the Director of the
    Bureau of Land Management in executing subsequent patent surveys,
    whether upon surveyed or unsurveyed lands, shall be governed
    accordingly. The said monuments shall at all times constitute the
    highest authority as to what land is patented, and in case of any
    conflict between the said monuments of such patented claims and the
    descriptions of said claims in the patents issued therefor the
    monuments on the ground shall govern, and erroneous or inconsistent
    descriptions or calls in the patent descriptions shall give way
    thereto.

-SOURCE-
    (R.S. Sec. 2327; Apr. 28, 1904, ch. 1796, 33 Stat. 545; Mar. 3,
    1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2327 derived from act May 10, 1872, ch. 152, Sec. 8, 17
    Stat. 94.


-MISC1-
                                AMENDMENTS                            
      1925 - Act Mar. 3, 1925, affected words now reading "United
    States supervisor of surveys" in first and second sentences of
    text. These words formerly read "the surveyor-general." This act
    abolished the office of surveyor general, and transferred to and
    consolidated with the Field Surveying Service, under the
    jurisdiction of the U.S. Supervisor of Surveys, the administration,
    equipment, etc., of such office.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Director of the Bureau of Land Management, substituted for United
    States Supervisor of Surveys wherever appearing. In the
    establishment of the Bureau of Land Management by Reorg. Plan No. 3
    of 1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,
    set out in the Appendix to Title 5, Government Organization and
    Employees, the office of Supervisor of Surveys was abolished and
    the functions and powers were transferred to the Secretary of the
    Interior, to be performed by such officers or agencies of the
    Department as might be designated by the Secretary. Under that
    authority, the functions and powers formerly exercised by the
    Supervisor of Surveys were delegated to the Chief Cadastral
    Engineer, subject to the supervision of the Director of the Bureau
    of Land Management. In the general reorganization and realignment
    of functions of the Bureau, the office of the Chief Cadastral
    Engineer was abolished, and the functions of that office have been
    delegated to the Director of the Bureau of Land Management. See 43
    C.F.R. Sec. 9180.0-3(a)(1).
      See also note set out under section 1 of this title.

-End-



-CITE-
    30 USC Sec. 35                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 35. Placer claims; entry and proceedings for patent under
      provisions applicable to vein or lode claims; conforming entry to
      legal subdivisions and surveys; limitation of claims; homestead
      entry of segregated agricultural land

-STATUTE-
      Claims usually called "placers," including all forms of deposit,
    excepting veins of quartz, or other rock in place, shall be subject
    to entry and patent, under like circumstances and conditions, and
    upon similar proceedings, as are provided for vein or lode claims;
    but where the lands have been previously surveyed by the United
    States, the entry in its exterior limits shall conform to the legal
    subdivisions of the public lands. And where placer claims are upon
    surveyed lands, and conform to legal subdivisions, no further
    survey or plat shall be required, and all placer-mining claims
    located after the 10th day of May 1872, shall conform as near as
    practicable with the United States system of public-land surveys,
    and the rectangular subdivisions of such surveys, and no such
    location shall include more than twenty acres for each individual
    claimant; but where placer claims cannot be conformed to legal
    subdivisions, survey and plat shall be made as on unsurveyed lands;
    and where by the segregation of mineral land in any legal
    subdivision a quantity of agricultural land less than forty acres
    remains, such fractional portion of agricultural land may be
    entered by any party qualified by law, for homestead purposes.

-SOURCE-
    (R.S. Secs. 2329, 2331; Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat.
    1097.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2329 derived from act July 9, 1870, ch. 235, Sec. 12,
    16 Stat. 217.
      R.S. Sec. 2331 derived from act May 10, 1872, ch. 152, Sec. 10,
    17 Stat. 94.


-MISC1-
                            SUBMERGED LANDS ACT                        
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 36                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 36. Subdivisions of 10-acre tracts; maximum of placer
      locations; homestead claims of agricultural lands; sale of
      improvements

-STATUTE-
      Legal subdivisions of forty acres may be subdivided into ten-acre
    tracts; and two or more persons, or associations of persons, having
    contiguous claims of any size, although such claims may be less
    than ten acres each, may make joint entry thereof; but no location
    of a placer claim, made after the 9th day of July 1870, shall
    exceed one hundred and sixty acres for any one person or
    association of persons, which location shall conform to the United
    States surveys; and nothing in this section contained shall defeat
    or impair any bona fide homestead claim upon agricultural lands, or
    authorize the sale of the improvements of any bona fide settler to
    any purchaser.

-SOURCE-
    (R.S. Sec. 2330; Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2330 derived from act July 9, 1870, ch. 235, Sec. 12,
    16 Stat. 217.


-MISC1-
                            SUBMERGED LANDS ACT                        
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 37                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 37. Proceedings for patent where boundaries contain vein or
      lode; application; statement including vein or lode; issuance of
      patent: acreage payments for vein or lode and placer claim; costs
      of proceedings; knowledge affecting construction of application
      and scope of patent

-STATUTE-
      Where the same person, association, or corporation is in
    possession of a placer claim, and also a vein or lode included
    within the boundaries thereof, application shall be made for a
    patent for the placer claim, with the statement that it includes
    such vein or lode, and in such case a patent shall issue for the
    placer claim, subject to the provisions of sections 21, 22 to 24,
    26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and
    section 661 of title 43, including such vein or lode, upon the
    payment of $5 per acre for such vein or lode claim, and twenty-five
    feet of surface on each side thereof. The remainder of the placer
    claim, or any placer claim not embracing any vein or lode claim,
    shall be paid for at the rate of $2.50 per acre, together with all
    costs of proceedings; and where a vein or lode, such as is
    described in section 23 of this title, is known to exist within the
    boundaries of a placer claim, an application for a patent for such
    placer claim which does not include an application for the vein or
    lode claim shall be construed as a conclusive declaration that the
    claimant of the placer claim has no right of possession of the vein
    or lode claim; but where the existence of a vein or lode in a
    placer claim is not known, a patent for the placer claim shall
    convey all valuable mineral and other deposits within the
    boundaries thereof.

-SOURCE-
    (R.S. Sec. 2333.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
    to 76 of this title and section 661 of title 43, referred to in
    text, were in the original "this chapter", meaning chapter 6 of
    title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to
    2352.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2333 derived from act May 10, 1872, ch. 152, Sec. 11,
    17 Stat. 94.

-End-



-CITE-
    30 USC Sec. 38                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 38. Evidence of possession and work to establish right to
      patent

-STATUTE-
      Where such person or association, they and their grantors, have
    held and worked their claims for a period equal to the time
    prescribed by the statute of limitations for mining claims of the
    State or Territory where the same may be situated, evidence of such
    possession and working of the claims for such period shall be
    sufficient to establish a right to a patent thereto under sections
    21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of
    this title and section 661 of title 43, in the absence of any
    adverse claim; but nothing in such sections shall be deemed to
    impair any lien which may have attached in any way whatever to any
    mining claim or property thereto attached prior to the issuance of
    a patent.

-SOURCE-
    (R.S. Sec. 2332.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
    to 76 of this title and section 661 of title 43, referred to in
    text, were in the original "this chapter", meaning chapter 6 of
    title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to
    2352.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2332 derived from act July 9, 1870, ch. 235, Sec. 13,
    16 Stat. 217.


-MISC1-
                            SUBMERGED LANDS ACT                        
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 39                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 39. Surveyors of mining claims

-STATUTE-
      The Director of the Bureau of Land Management may appoint in each
    land district containing mineral lands as many competent surveyors
    as shall apply for appointment to survey mining claims. The
    expenses of the survey of vein or lode claims, and the survey and
    subdivision of placer claims into smaller quantities than one
    hundred and sixty acres, together with the cost of publication of
    notices, shall be paid by the applicants, and they shall be at
    liberty to obtain the same at the most reasonable rates, and they
    shall also be at liberty to employ any United States deputy
    surveyor to make the survey. The Director of the Bureau of Land
    Management shall also have power to establish the maximum charges
    for surveys and publication of notices under sections 21, 22 to 24,
    26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and
    section 661 of title 43; and, in case of excessive charges for
    publication, he may designate any newspaper published in a land
    district where mines are situated for the publication of mining
    notices in such district, and fix the rates to be charged by such
    paper; and, to the end that the Director may be fully informed on
    the subject, each applicant shall file with the register a sworn
    statement of all charges and fees paid by such applicant for
    publication and surveys, together with all fees and money paid the
    register of the land office, which statement shall be transmitted,
    with the other papers in the case, to the Director of the Bureau of
    Land Management.

-SOURCE-
    (R.S. Sec. 2334; Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946
    Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
    to 76 of this title and section 661 of title 43, referred to in
    text, were in the original "this chapter", meaning chapter 6 of
    title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to
    2352.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2334 derived from act May 10, 1872, ch. 152, Sec. 12,
    17 Stat. 95.


-MISC1-
                                AMENDMENTS                            
      1925 - Act Mar. 3, 1925, affected words in first sentence of
    text, now reading "The United States supervisor of surveys," and
    words in third sentence of text, now reading "money paid the
    register of the Land Office." Such words formerly read "the
    surveyor-general of the United States," and "and money paid the
    register and the receiver of the land-office." Such act is treated
    more fully in note under section 29 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Director of the Bureau of Land Management substituted for United
    States Supervisor of Surveys in sentence beginning "The Director of
    the Bureau of Land Management may appoint". In the establishment of
    the Bureau of Land Management by Reorg. Plan No. 3 of 1946, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in
    the Appendix to Title 5, Government Organization and Employees, the
    office of Supervisor of Surveys was abolished and the functions and
    powers were transferred to the Secretary of the Interior, to be
    performed by such officers or agencies of the Department as might
    be designated by the Secretary. Under that authority, the functions
    and powers formerly exercised by the Supervisor of Surveys were
    delegated to the Chief Cadastral Engineer, subject to the
    supervision of the Director of the Bureau of Land Management. In
    the general reorganization and realignment of functions of the
    Bureau, the office of the Chief Cadastral Engineer was abolished,
    and the functions of that office have been delegated to the
    Director of the Bureau of Land Management. See 43 C.F.R. Sec.
    9180.0-3(a)(1).
      In sentence beginning "The Director of the Bureau of Land
    Management shall also have power", "Director of the Bureau of Land
    Management" substituted for "Commissioner of the General Land
    Office" in two instances and "Director" for "Commissioner" on
    authority of Reorg. Plan No. 3 of 1946, Sec. 403, set out in the
    Appendix to Title 5. Section 403 of Reorg. Plan No. 3 of 1946,
    abolished the office of the Commissioner of the General Land Office
    and consolidated the functions of the General Land Office with the
    Grazing Service to form the Bureau of Land Management.
      Office of register of district land office abolished and all
    functions of register transferred to Secretary of the Interior, or
    to officers and agencies of Department of the Interior as Secretary
    may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, set out in
    the Appendix to Title 5.
      See also note set out under section 1 of this title.

-End-



-CITE-
    30 USC Sec. 40                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 40. Verification of affidavits

-STATUTE-
      All affidavits required to be made under sections 21, 22 to 24,
    26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title, and
    section 661 of title 43 may be verified before any officer
    authorized to administer oaths within the land district where the
    claims may be situated, and all testimony and proofs may be taken
    before any such officer, and, when duly certified by the officer
    taking the same, shall have the same force and effect as if taken
    before the register of the land office. In cases of contest as to
    the mineral or agricultural character of land, the testimony and
    proofs may be taken as herein provided on personal notice of at
    least ten days to the opposing party; or if such party cannot be
    found, then by publication of at least once a week for thirty days
    in a newspaper, to be designated by the register of the land office
    as published nearest to the location of such land; and the register
    shall require proof that such notice has been given.

-SOURCE-
    (R.S. Sec. 2335; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
    to 76 of this title and section 661 of title 43, referred to in
    text, were in the original "this chapter", meaning chapter 6 of
    title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to
    2352.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2335 derived from act May 10, 1872, ch. 152, Sec. 13,
    17 Stat. 95.


-MISC1-
                                AMENDMENTS                            
      1925 - Act Mar. 3, 1925, affected words in first sentence of
    text, now reading "before the register of the land office." Such
    words formerly read "before the register and receiver of the land-
    office." Such act is treated more fully in note under section 29
    of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Office of register of district land office abolished and all
    functions of register transferred to Secretary of the Interior, or
    to officers and agencies of Department of the Interior as Secretary
    may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July
    16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to
    Title 5, Government Organization and Employees.
      See also note set out under section 1 of this title.

-End-



-CITE-
    30 USC Sec. 41                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 41. Intersecting or crossing veins

-STATUTE-
      Where two or more veins intersect or cross each other, priority
    of title shall govern, and such prior location shall be entitled to
    all ore or mineral contained within the space of intersection; but
    the subsequent location shall have the right-of-way through the
    space of intersection for the purposes of the convenient working of
    the mine. And where two or more veins unite, the oldest or prior
    location shall take the vein below the point of union, including
    all the space of intersection.

-SOURCE-
    (R.S. Sec. 2336.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2336 derived from act May 10, 1872, ch. 152, Sec. 14,
    17 Stat. 96.

-End-



-CITE-
    30 USC Sec. 42                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 42. Patents for nonmineral lands: application, survey, notice,
      acreage limitation, payment

-STATUTE-
    (a) Vein or lode and mill site owners eligible
      Where nonmineral land not contiguous to the vein or lode is used
    or occupied by the proprietor of such vein or lode for mining or
    milling purposes, such nonadjacent surface ground may be embraced
    and included in an application for a patent for such vein or lode,
    and the same may be patented therewith, subject to the same
    preliminary requirements as to survey and notice as are applicable
    to veins or lodes; but no location made on and after May 10, 1872,
    of such nonadjacent land shall exceed five acres, and payment for
    the same must be made at the same rate as fixed by sections 21, 22
    to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title
    and section 661 of title 43 for the superficies of the lode. The
    owner of a quartz mill or reduction works, not owning a mine in
    connection therewith, may also receive a patent for his mill site,
    as provided in this section.
    (b) Placer claim owners eligible
      Where nonmineral land is needed by the proprietor of a placer
    claim for mining, milling, processing, beneficiation, or other
    operations in connection with such claim, and is used or occupied
    by the proprietor for such purposes, such land may be included in
    an application for a patent for such claim, and may be patented
    therewith subject to the same requirements as to survey and notice
    as are applicable to placers. No location made of such nonmineral
    land shall exceed five acres and payment for the same shall be made
    at the rate applicable to placer claims which do not include a vein
    or lode.

-SOURCE-
    (R.S. Sec. 2337; Pub. L. 86-390, Mar. 18, 1960, 74 Stat. 7.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
    to 76 of this title and section 661 of title 43, referred to in
    subsec. (a), were in the original "this chapter", meaning chapter 6
    of title 32 of the Revised Statutes, consisting of R.S. Secs. 2318
    to 2352.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2337 derived from act May 10, 1872, ch. 152, Sec. 15,
    17 Stat. 96.


-MISC1-
                                AMENDMENTS                            
      1960 - Pub. L. 86-390 designated existing provisions as subsec.
    (a) and added subsec. (b).

-End-



-CITE-
    30 USC Sec. 43                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 43. Conditions of sale by local legislature

-STATUTE-
      As a condition of sale, in the absence of necessary legislation
    by Congress, the local legislature of any State or Territory may
    provide rules for working mines, involving easements, drainage, and
    other necessary means to their complete development; and those
    conditions shall be fully expressed in the patent.

-SOURCE-
    (R.S. Sec. 2338.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2338 derived from act July 26, 1866, ch. 262, Sec. 5,
    14 Stat. 252.


-MISC1-
                            SUBMERGED LANDS ACT                        
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Secs. 44, 45                                         01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Secs. 44, 45. Omitted

-COD-
                               CODIFICATION                           
      Section 44, R.S. Sec. 2341; act Mar. 3, 1891, ch. 561, Sec. 4, 26
    Stat. 1097, provided for extension of provisions of Homestead laws
    to citizens of United States who had prior to 1874 located on lands
    designated prior to 1866 as mineral lands, and improved them for
    agricultural purposes, provided no valuable mineral deposits had
    been discovered thereon.
      Section 45, R.S. Sec. 2342; act Mar. 3, 1891, ch. 561, Sec. 4, 26
    Stat. 1097, provided for setting apart the lands as agricultural.

-End-



-CITE-
    30 USC Sec. 46                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 46. Additional land districts and officers

-STATUTE-
      The President is authorized to establish additional land
    districts, and to appoint the necessary officers under existing
    laws, wherever he may deem the same necessary for the public
    convenience in executing the provisions of sections 21, 22 to 24,
    26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and
    section 661 of title 43.

-SOURCE-
    (R.S. Sec. 2343.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
    to 76 of this title and section 661 of title 43, referred to in
    text, were in the original "this chapter", meaning chapter 6 of
    title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to
    2352.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2343 derived from act July 26, 1866, ch. 262, Sec. 7,
    14 Stat. 252.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation to the Secretary of the Interior of authority
    vested in the President by this section, see Ex. Ord. No. 10250,
    June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of
    Title 3, The President.


-MISC1-
                            SUBMERGED LANDS ACT                        
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 47                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 47. Impairment of rights or interests in certain mining
      property

-STATUTE-
      Nothing contained in sections 21, 22 to 24, 26 to 28, 29, 30, 33
    to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43
    shall be construed to impair in any way, rights or interests in
    mining property acquired under laws in force prior to July 9, 1870;
    nor to affect the provisions of the act entitled "An act granting
    to A. Sutro the right-of-way and other privileges to aid in the
    construction of a draining and exploring tunnel to the Comstock
    lode, in the State of Nevada", approved July 25, 1866.

-SOURCE-
    (R.S. Sec. 2344.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
    to 76 of this title and section 661 of title 43, referred to in
    text, were in the original "this chapter", meaning chapter 6 of
    title 32 of the Revised Statutes, consisting of R.S. Secs. 2318 to
    2352.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2344 derived from acts July 9, 1870, ch. 235, Sec. 17,
    16 Stat. 218; May 10, 1872, ch. 152, Sec. 16, 17 Stat. 96.


-MISC1-
                            SUBMERGED LANDS ACT                        
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 48                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 48. Lands in Michigan, Wisconsin, and Minnesota; sale and
      disposal as public lands

-STATUTE-
      Except as otherwise provided in chapter 3A of this title, the
    provisions of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 47,
    51, and 52 of this title and section 661 of title 43 shall not
    apply to the mineral lands situated in the States of Michigan,
    Wisconsin, and Minnesota, which are declared free and open to
    exploration and purchase, according to legal subdivisions, in like
    manner as before the 10th day of May 1872. And any bona fide
    entries of such lands within the States named since the 10th day of
    May 1872 may be patented without reference to such sections of this
    title. Such lands shall be offered for public sale in the same
    manner, and at the same minimum price, as other public lands.

-SOURCE-
    (R.S. Sec. 2345; Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097; Feb.
    25, 1920, ch. 85, Sec. 1, 41 Stat. 437.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 47, 51 and 52 of
    this title and section 661 of title 43, referred to in text, were
    in the original "the preceding provisions of this chapter", meaning
    chapter 6 of title 32 of the Revised Statutes, consisting of R.S.
    Secs. 2318 to 2344.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2345 derived from act Feb. 18, 1873, ch. 159, 17 Stat.
    465.


-MISC1-
                                AMENDMENTS                            
      1920 - The exception clause has been inserted at beginning of
    this section because of act Feb. 25, 1920, which provided that
    deposits of coal, phosphate, sodium, oil, oil shale, or gas, and
    lands containing such deposits owned by the United States, shall be
    subject to disposition in the form and manner provided by this act.

-End-



-CITE-
    30 USC Sec. 49                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 49. Lands in Missouri and Kansas; disposal as agricultural
      lands

-STATUTE-
      Except as otherwise provided in chapter 3A of this title, within
    the States of Missouri and Kansas deposits of coal, iron, lead, or
    other mineral are excluded from the operation of sections 22 to 24,
    26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this title, and
    all lands in said States shall be subject to disposal as
    agricultural lands.

-SOURCE-
    (May 5, 1876, ch. 91, 19 Stat. 52; Feb. 25, 1920, ch. 85, Sec. 1,
    41 Stat. 437.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and
    47 of this title, referred to in text, were in the original "the
    act entitled 'An act to promote the development of mining resources
    of the United States' approved May tenth, eighteen hundred and
    seventy-two", meaning act May 10, 1872, ch. 152, 17 Stat. 91,
    popularly known as the Mining Act of 1872. That act was
    incorporated into the Revised Statutes as R.S. Secs. 2319 to 2328,
    2331, 2333 to 2337, and 2344, which are classified to sections 22
    to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this
    title. For complete classification of R.S. Secs. 2319 to 2328,
    2331, 2333 to 2337, and 2344 to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1920 - The exception clause has been inserted at beginning of
    this section because of act Feb. 25, 1920, which provided that
    deposits of coal, phosphate, sodium, oil, oil shale, or gas, and
    lands containing such deposits owned by the United States, shall be
    subject to disposition in the form and manner provided by such act.

-End-



-CITE-
    30 USC Sec. 49a                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 49a. Mining laws of United States extended to Alaska;
      exploration and mining for precious metals; regulations; conflict
      of laws; permits; dumping tailings; pumping from sea; reservation
      of roadway; title to land below line of high tide or high-water
      mark; transfer of title to future State

-STATUTE-
      The laws of the United States relating to mining claims, mineral
    locations, and rights incident thereto are extended to the
    Territory of Alaska: Provided, That, subject only to the laws
    enacted by Congress for the protection and preservation of the
    navigable waters of the United States, and to the laws for the
    protection of fish and game, and subject also to such general rules
    and regulations as the Secretary of the Interior may prescribe for
    the preservation of order and the prevention of injury to the fish
    and game, all land below the line of ordinary high tide on tidal
    waters and all land below the line of ordinary high-water mark on
    nontidal water navigable in fact, within the jurisdiction of the
    United States, shall be subject to exploration and mining for gold
    and other precious metals, and in the Chilkat River, and its
    tributaries, within two and three-tenths miles of United States
    survey numbered 991 for all metals, by citizens of the United
    States, or persons who have legally declared their intentions to
    become such, under such reasonable rules and regulations as the
    miners in organized mining districts may have heretofore made or
    may hereafter make governing the temporary possession thereof for
    exploration and mining purposes until otherwise provided by law:
    Provided further, That the rules and regulations established by the
    miners shall not be in conflict with the mining laws of the United
    States; and no exclusive permit shall be granted by the Secretary
    of the Interior authorizing any person or persons, corporation, or
    company to excavate or mine under any of said waters, and if such
    exclusive permit has been granted it is revoked and declared null
    and void. The rules and regulations prescribed by the Secretary of
    the Interior under this section shall not, however, deprive miners
    on the beach of the right given to dump tailings into or pump from
    the sea opposite their claims, except where such dumping would
    actually obstruct navigation or impair the fish and game, and the
    reservation of a roadway sixty feet wide under section 687a-2 (!1)
    of title 43, shall not apply to mineral lands or town sites. No
    person shall acquire by virtue of this section any title to any
    land below the line of ordinary high tide or the line of ordinary
    high-water mark, as the case may be, of the waters described in
    this section. Any rights or privileges acquired hereunder with
    respect to mining operations in land, title to which is transferred
    to a future State upon its admission to the Union and which is
    situated within its boundaries, shall be terminable by such State,
    and the said mining operations shall be subject to the laws of such
    State.


-SOURCE-
    (June 6, 1900, ch. 786, title I, Sec. 26, 31 Stat. 329; May 31,
    1938, ch. 297, 52 Stat. 588; Aug. 8, 1947, ch. 514, Sec. 1, 61
    Stat. 916; Pub. L. 85-662, Aug. 14, 1958, 72 Stat. 615.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 687a-2 of title 43, referred to in text, was repealed by
    Pub. L. 94-579, title VII, Secs. 703(a), 704(a), Oct. 21, 1976, 90
    Stat. 2789, 2792.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 381 of Title 48,
    Territories and Insular Possessions.


-MISC1-
                                AMENDMENTS                            
      1958 - Pub. L. 85-662 substituted "fish and game" for "fisheries"
    in three places, and inserted provisions permitting mining for all
    metals in Chilkat River, and its tributaries, within two and three-
    tenths miles of United States survey numbered 991.
      1947 - Act Aug. 8, 1947, permitted exploration for and mining of
    gold and other precious metals in beds of navigable streams.
      1938 - Act May 31, 1938, extended waters subject to exploration
    and mining for gold to include all water on shores, bays, and
    inlets of Alaska, and substituted Secretary of the Interior for
    Secretary of War, among other changes.

                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

                 NON-IMPAIRMENT OF VALID CLAIMS AND RIGHTS             
      Section 2 of act Aug. 8, 1947, provided: "Nothing in this Act
    [amending this section] shall be deemed to affect or impair any
    valid claims, rights or privileges, including possessory claims
    under the first proviso of section 8 of the Act of May 17, 1884 (23
    Stat. 26) [25 U.S.C. 280a], arising under any other provision of
    law."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 49b                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 49b. Mining laws relating to placer claims extended to Alaska

-STATUTE-
      The general mining laws of the United States so far as they are
    applicable to placer-mining claims, as prior to May 4, 1934,
    extended to the Territory of Alaska, are declared to be in full
    force and effect in said Territory: Provided, That nothing herein
    shall be held to change or affect the rights acquired by locators
    or owners of placer-mining claims prior to May 4, 1934, located in
    said Territory under act August 1, 1912 (37 Stat. 242, 243) and
    amendatory act March 3, 1925 (43 Stat. 1118).

-SOURCE-
    (May 4, 1934, ch. 211, Sec. 2, 48 Stat. 663.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act August 1, 1912 (37 Stat. 242, 243) and amendatory act March
    3, 1925 (43 Stat. 1118), referred to in text, were repealed by
    section 1 of act May 4, 1934. See sections 35 to 37 and 49b of this
    title.

-COD-
                               CODIFICATION                           
      Section was formerly classified to sections 119 and 381a of Title
    48, Territories and Insular Possessions.


-MISC1-
                              EFFECTIVE DATE                          
      Section 3 of act May 4, 1934, provided that: "This Act [enacting
    this section] shall take effect thirty days subsequent to the date
    of convening of the first regular session of the Alaska Territorial
    Legislature which is held after the passage of this Act [May 4,
    1934]."

                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-



-CITE-
    30 USC Sec. 49c                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 49c. Recording notices of location of Alaskan mining claims

-STATUTE-
      Notices of location of mining claims shall be filed for record
    within ninety days from the date of the discovery of the claim
    described in the notice, and all instruments shall be recorded in
    the recording district in which the property or subject matter
    affected by the instrument is situated, and where the property or
    subject matter is not situated in any established recording
    district the instrument affecting the same shall be recorded in the
    office of the clerk of the division of the court having supervision
    over the recording division in which such property or subject
    matter is situated.

-SOURCE-
    (June 6, 1900, ch. 786, title I, Sec. 15, 31 Stat. 327.)

-COD-
                               CODIFICATION                           
      Section is comprised of the proviso of section 15 of act June 6,
    1900, which was formerly classified to section 382 of Title 48,
    Territories and Insular Possessions. The remainder of section 15,
    which was formerly classified to section 119 of Title 48, was
    omitted from the Code.

-End-



-CITE-
    30 USC Sec. 49d                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 49d. Miners' regulations for recording notices in Alaska;
      certain records legalized

-STATUTE-
      Miners in any organized mining district may make rules and
    regulations governing the recording of notices of location of
    mining claims, water rights, flumes and ditches, mill sites and
    affidavits of labor, not in conflict with this Act or the general
    laws of the United States; and nothing in this Act shall be
    construed so as to prevent the miners in any regularly organized
    mining district not within any recording district established by
    the court from electing their own mining recorder to act as such
    until a recorder therefor is appointed by the court: Provided
    further, All records regularly made by the United States
    commissioner prior to June 6, 1900, at Dyea, Skagway, and the
    recorder at Douglas City, not in conflict with any records
    regularly made with the United States commissioner at Juneau, are
    legalized. And all records made in good faith prior to June 6,
    1900, in any regularly organized mining district are made public
    records.

-SOURCE-
    (June 6, 1900, ch. 786, title I, Sec. 16, 31 Stat. 328.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means act June 6, 1900, ch. 786,
    31 Stat. 321, as amended. For complete classification of title I of
    this act to the Code, see Tables. Title III of this act provided
    for the Alaska Civil Code.

-COD-
                               CODIFICATION                           
      Section is comprised of the two provisos of section 16 of act
    June 6, 1900, and part of the last sentence of that section, which
    were formerly classified to section 383 of Title 48, Territories
    and Insular Possessions. The remainder of section 16 (excluding the
    last sentence) which was formerly classified to section 120 of
    Title 48, was omitted from the Code.

-End-



-CITE-
    30 USC Sec. 49e                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 49e. Annual labor or improvements on Alaskan mining claims;
      affidavits; burden of proof; forfeitures; location anew of
      claims; perjury

-STATUTE-
      During each year and until patent has been issued therefor, at
    least $100 worth of labor shall be performed or improvements made
    on, or for the benefit or development of, in accordance with
    existing law, each mining claim in Alaska heretofore or hereafter
    located. And the locator or owner of such claim or some other
    person having knowledge of the facts may also make and file with
    the said recorder of the district in which the claims shall be
    situated an affidavit showing the performance of labor or making of
    improvements to the amount of $100 as aforesaid and specifying the
    character and extent of such work. Such affidavits shall set forth
    the following: First, the name or number of the mining claims and
    where situated; second, the number of days' work done and the
    character and value of the improvements placed thereon; third, the
    date of the performance of such labor and of making improvements;
    fourth, at whose instance the work was done or the improvements
    made; fifth, the actual amount paid for work and improvement, and
    by whom paid when the same was not done by the owner. Such
    affidavit shall be prima facie evidence of the performance of such
    work or making of such improvements, but if such affidavits be not
    filed within the time fixed by this section the burden of proof
    shall be upon the claimant to establish the performance of such
    annual work and improvements. And upon failure of the locator or
    owner of any such claim to comply with the provisions of this
    section, as to performance of work and improvements, such claim
    shall become forfeited and open to location by others as if no
    location of the same had ever been made. The affidavits required
    may be made before any officer authorized to administer oaths, and
    the provisions of sections 1621 and 1622 of title 18, are extended
    to such affidavits. Said affidavits shall be filed not later than
    ninety days after the close of the year in which such work is
    performed.

-SOURCE-
    (Mar. 2, 1907, ch. 2559, Sec. 1, 34 Stat. 1243.)

-COD-
                               CODIFICATION                           
      "Sections 1621 and 1622 of title 18" substituted in text for
    "sections fifty-three hundred and ninety-two and fifty-three
    hundred ninety-three of the Revised Statutes", which had been
    classified to section 231 and 232 of former Title 18, Criminal Code
    and Criminal Procedure, on authority of act June 25, 1948, ch. 645,
    62 Stat. 683, the first section of which enacted Title 18, Crimes
    and Criminal Procedure.
      Section was formerly classified to section 384 of Title 48,
    Territories and Insular Possessions.


-MISC1-
                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-



-CITE-
    30 USC Sec. 49f                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 49f. Fees of recorders in Alaska for filing proofs of work and
      improvements

-STATUTE-
      The recorders for the several divisions or districts of Alaska
    shall collect the sum of $1.50 as a fee for the filing, recording,
    and indexing annual proofs of work and improvements for each claim
    so recorded under the provisions of section 49e of this title.

-SOURCE-
    (Mar. 2, 1907, ch. 2559, Sec. 2, 34 Stat. 1243.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 385 of Title 48,
    Territories and Insular Possessions.


-MISC1-
                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-



-CITE-
    30 USC Sec. 50                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 50. Grants to States or corporations not to include mineral
      lands

-STATUTE-
      No act passed at the first session of the Thirty-eighth Congress,
    granting lands to States or corporations to aid in the construction
    of roads or for other purposes, or to extend the time of grants
    made prior to the 30th day of January 1865 shall be so construed as
    to embrace mineral lands, which in all cases are reserved
    exclusively to the United States, unless otherwise specially
    provided in the act or acts making the grant.

-SOURCE-
    (R.S. Sec. 2346.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The first session of the Thirty-eighth Congress, referred to in
    text, was begun Dec. 7, 1863, and ended July 4, 1864, 13 Stat. 1 to
    417, contain legislation passed at such session.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2346 derived from Res. Jan. 30, 1865, No. 10, 13 Stat.
    567.

-End-



-CITE-
    30 USC Sec. 51                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 51. Water users' vested and accrued rights; enumeration of
      uses; protection of interest; rights-of-way for canals and
      ditches; liability for injury or damage to settlers' possession

-STATUTE-
      Whenever, by priority of possession, rights to the use of water
    for mining, agricultural, manufacturing, or other purposes have
    vested and accrued, and the same are recognized and acknowledged by
    the local customs, laws, and the decisions of courts, the
    possessors and owners of such vested rights shall be maintained and
    protected in the same; and the right-of-way for the construction of
    ditches and canals for the purposes herein specified is
    acknowledged and confirmed; but whenever any person, in the
    construction of any ditch or canal, injures or damages the
    possession of any settler on the public domain, the party
    committing such injury or damage shall be liable to the party
    injured for such injury or damage.

-SOURCE-
    (R.S. Sec. 2339.)


-STATAMEND-
                                  REPEALS                              
      Provision of this section, "and the right-of-way for the
    construction of ditches and canals for the purposes herein
    specified is acknowledged and confirmed; but whenever any person,
    in the construction of any ditch or canal, injures or damages the
    possession of any settler on the public domain, the party
    committing such injury or damage shall be liable to the party
    injured for such injury or damage." was repealed by Pub. L. 94-579,
    title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on
    and after Oct. 21, 1976, insofar as applicable to the issuance of
    rights-of-way over, upon, under, and through the public lands and
    lands in the National Forest System.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2339 derived from act July 26, 1866, ch. 262, Sec. 9,
    14 Stat. 253.
      Section is also set out as the first par. of section 661 of Title
    43, Public Lands.


-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976,
    90 Stat. 2793, insofar as applicable to the issuance of rights-of-
    way not to be construed as terminating any valid lease, permit,
    patent, etc., existing on Oct. 21, 1976, see note set out under
    section 1701 of Title 43, Public Lands.

                            SUBMERGED LANDS ACT                        
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 52                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 52. Patents or homesteads subject to vested and accrued water
      rights

-STATUTE-
      All patents granted, or homesteads allowed, shall be subject to
    any vested and accrued water rights, or rights to ditches and
    reservoirs used in connection with such water rights, as may have
    been acquired under or recognized by section 51 of this title.

-SOURCE-
    (R.S. Sec. 2340; Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097.)


-STATAMEND-
                                  REPEALS                              
      Provision of this section, ", or rights to ditches and reservoirs
    used in connection with such water rights," was repealed by Pub. L.
    94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat. 2793,
    effective on and after Oct. 21, 1976, insofar as applicable to the
    issuance of rights-of-way over, upon, under, and through the public
    lands and lands in the National Forest System.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2340 derived from act July 9, 1870, ch. 235, Sec. 17,
    16 Stat. 218.
      Section is also set out as the second par. of section 661 of
    Title 43, Public Lands.


-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976,
    90 Stat. 2793, insofar as applicable to the issuance of rights-of-
    way not to be construed as terminating any valid lease, permit,
    patent, etc., existing on Oct. 21, 1976, see note set out under
    section 1701 of Title 43, Public Lands.

                            SUBMERGED LANDS ACT                        
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 53                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 53. Possessory actions for recovery of mining titles or for
      damages to such title

-STATUTE-
      No possessory action between persons, in any court of the United
    States, for the recovery of any mining title, or for damages to any
    such title, shall be affected by the fact that the paramount title
    to the land in which such mines lie is in the United States; but
    each case shall be adjudged by the law of possession.

-SOURCE-
    (R.S. Sec. 910.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 910 derived from act Feb. 27, 1865, ch. 64, Sec. 9, 13
    Stat. 441.
      Section was formerly classified to section 690 of Title 28 prior
    to the general revision and enactment of Title 28, Judiciary and
    Judicial Procedure, by act June 25, 1948, ch. 646, Sec. 1, 62 Stat.
    869.

-End-



-CITE-
    30 USC Sec. 54                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 2 - MINERAL LANDS AND REGULATIONS IN GENERAL

-HEAD-
    Sec. 54. Liability for damages to stock raising and homestead
      entries by mining activities

-STATUTE-
      Notwithstanding the provisions of any Act of Congress to the
    contrary, any person who on and after June 21, 1949 prospects for,
    mines, or removes by strip or open pit mining methods, any minerals
    from any land included in a stock raising or other homestead entry
    or patent, and who had been liable under such an existing Act only
    for damages caused thereby to the crops or improvements of the
    entryman or patentee, shall also be liable for any damage that may
    be caused to the value of the land for grazing by such prospecting
    for, mining, or removal of minerals. Nothing in this section shall
    be considered to impair any vested right in existence on June 21,
    1949.

-SOURCE-
    (June 21, 1949, ch. 232, Sec. 5, 63 Stat. 215.)


-MISC1-
                            SIMILAR PROVISIONS                        
      Provisions similar to this section were contained in act June 17,
    1949, ch. 221, Sec. 2, 63 Stat. 201.

-End-


-CITE-
    30 USC CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS,
           SALTS, ASPHALTIC MATERIALS, SODIUM, SULPHUR,
           AND BUILDING STONE                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE

-HEAD-
       CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
              MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE


-MISC1-
                SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL            
    Sec.                                                     
    71.         Entry of unappropriated or unreserved Federal coal
                 lands; eligibility; application; acreage limitation;
                 price per acre.                                      
    72.         Preference right of coal mine entry; acreage
                 limitation.                                          
    73.         Presentation of claims.                               
    74.         Number of coal land entries; other entries upon
                 noncompliance with conditions.                       
    75.         Conflicting claims upon coal lands; rules and
                 regulations.                                         
    76.         Reservation of rights upon coal lands; sale of certain
                 mining lands.                                        
    77.         Alabama coal lands; agricultural entry.               

     SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
                   RESERVATION OF COAL TO UNITED STATES
    81.         Rights of entrymen of lands subsequently classified as
                 coal lands; disposal of coal deposits.               
    82.         New or supplemental patents, in case of lands
                 subsequently classified as noncoal.                  
    83.         Homestead or desert-land and other entries.           
    84.         Applications for entry.                               
    85.         Patents for lands, with reservation of coal; disposal
                 of coal deposits.                                    
    86.         Disposition of lands in Indian reservations with
                 reservation of coal; examination and appraisal of
                 lands.                                               
    87.         Statements in application; patents.                   
    88.         Disposition of coal by United States.                 
    89.         Disposition of proceeds.                              
    90.         Selection of coal lands by States; sale in isolated or
                 disconnected tracts.                                 

    SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES
                             UNDER MINING LAWS
    101.        Omitted.                                              
    102.        Assessment work on contiguous oil lands, located as
                 claims, of same owner.                               
    103.        Patents for oil or gas lands not denied because of
                 transfer before discovery of oil or gas; acreage
                 limitation; nonapplication to withdraw lands.        
    104.        Agreements with applicants for patents as to
                 disposition of oil or gas, or proceeds thereof,
                 pending determination of title; Navy Petroleum Fund. 

      SUBCHAPTER IV - HOMESTEAD ENTRY OF LANDS IN UTAH, WITHDRAWN OR
                          CLASSIFIED AS OIL LANDS
    111 to 113. Repealed.                                             

    SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED
       AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL, GAS, ASPHALTIC
                       MINERALS, SODIUM, OR SULPHUR
    121.        Agricultural entry or purchase of lands withdrawn or
                 classified as containing phosphate, nitrate, potash,
                 oil, or gas; reservations to United States;
                 application.                                         
    122.        Patents; reservation in the United States of reserved
                 deposits; acquisition of right to remove deposits;
                 application for entry to disprove classification.    
    123.        Persons locating lands subsequently withdrawn or
                 classified; patents to.                              
    124.        Agricultural entry or purchase of lands withdrawn or
                 classified as containing sodium or sulphur.          
    125.        Patents in North Platte Reclamation Project; mineral
                 rights; subrogation.                                 

          SUBCHAPTER VI - LOCATION OF PHOSPHATE ROCK LANDS UNDER
                            PLACER-MINING LAWS
    131.        Omitted.                                              

      SUBCHAPTER VII - PERMITS TO PROSPECT FOR CHLORIDES, SULPHATES,
         CARBONATES, BORATES, SILICATES, OR NITRATES OF POTASSIUM
    141 to 152. Repealed.                                             

       SUBCHAPTER VIII - BUILDING STONE OR SALINE LAND ENTRIES UNDER
                            PLACER-MINING LAWS
    161.        Entry of building-stone lands; previous law
                 unaffected.                                          
    162.        Entry of saline lands; limitation.                    

      SUBCHAPTER IX - DISPOSAL OF ALABAMA LANDS AS AGRICULTURAL LANDS  
    171.        Disposal as agricultural lands.                       
    172.        Certain Alabama lands subject to homestead entry.     

-End-


-CITE-
    30 USC SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL          01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-
                SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL            

-End-



-CITE-
    30 USC Sec. 71                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-
    Sec. 71. Entry of unappropriated or unreserved Federal coal lands;
      eligibility; application; acreage limitation; price per acre

-STATUTE-
      Every person above the age of twenty-one years, who is a citizen
    of the United States, or who has declared his intention to become
    such, or any association of persons severally qualified as above,
    shall, upon application to the register of the proper land office,
    have the right to enter, by legal subdivisions, any quantity of
    vacant coal lands of the United States not otherwise appropriated
    or reserved by competent authority, not exceeding one hundred and
    sixty acres to such individual person, or three hundred and twenty
    acres to such association, upon payment to the register of not less
    than $10 per acre for such lands, where the same shall be situated
    more than fifteen miles from any completed railroad, and not less
    than $20 per acre for such lands as shall be within fifteen miles
    of such road.

-SOURCE-
    (R.S. Sec. 2347; Mar. 3, 1925, ch. 462, 43 Stat. 1145.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2347 derived from act Mar. 3, 1873, ch. 279, Sec. 1, 17
    Stat. 607.


-MISC1-
                                AMENDMENTS                            
      1925 - Act Mar. 3, 1925, affected words which now read "upon
    payment to the register of not less than." Such words originally
    read "upon payment to the receiver of not less than." Such act
    consolidated the offices of receiver and register.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Office of register of district land office abolished and all
    functions of register transferred to Secretary of the Interior, or
    to officers and agencies of Department of the Interior as Secretary
    may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July
    16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to
    Title 5, Government Organization and Employees.
      See also note set out under section 1 of this title.


-MISC2-
                           INDIAN LANDS EXCEPTED                       
      Commenting on this section and sections 72 to 76 of this title
    the Department of the Interior says:
      "While there may be some Indian lands still subject to coal entry
    by virtue of the provisions of law opening such lands to entry, the
    coal land laws generally were superseded by the leasing Act of Feb.
    25, 1920, 41 Stat. 437 [section 181 et seq. of this title], and it
    is at least questionable whether the coal land laws should be
    carried into the Code."

-End-



-CITE-
    30 USC Sec. 72                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-
    Sec. 72. Preference right of coal mine entry; acreage limitation

-STATUTE-
      Any person or association of persons severally qualified, as
    provided in section 71 of this title, who have opened and improved,
    or shall open and improve, any coal mine or mines upon the public
    lands, and shall be in actual possession of the same, shall be
    entitled to a preference right of entry, under section 71 of this
    title, of the mines so opened and improved: Provided, That when any
    association of not less than four persons, severally qualified as
    provided in section 71 of this title, shall have expended not less
    than $5,000 in working and improving any such mine or mines, such
    association may enter not exceeding six hundred and forty acres,
    including such mining improvements.

-SOURCE-
    (R.S. Sec. 2348.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2348 derived from act Mar. 3, 1873, ch. 279, Sec. 2, 17
    Stat. 607.


-MISC1-
                           INDIAN LANDS EXCEPTED                       
      See note set out under section 71 of this title.

-End-



-CITE-
    30 USC Sec. 73                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-
    Sec. 73. Presentation of claims

-STATUTE-
      All claims under section 72 of this title must be presented to
    the register of the proper land district within sixty days after
    the date of actual possession and the commencement of improvements
    on the land, by the filing of a declaratory statement therefor; but
    when the township plat is not on file at the date of such
    improvement, filing must be made within sixty days from the receipt
    of such plat at the district office.

-SOURCE-
    (R.S. Sec. 2349.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2349 derived from act Mar. 3, 1873, ch. 279, Sec. 3, 17
    Stat. 607.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Office of register of district land office abolished and all
    functions of register transferred to Secretary of the Interior, or
    to officers and agencies of Department of the Interior as Secretary
    may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July
    16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to
    Title 5, Government Organization and Employees.
      See also note set out under section 1 of this title.


-MISC1-
                           INDIAN LANDS EXCEPTED                       
      See note set out under section 71 of this title.

-End-



-CITE-
    30 USC Sec. 74                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-
    Sec. 74. Number of coal land entries; other entries upon
      noncompliance with conditions

-STATUTE-
      Sections 71 to 73 of this title shall be held to authorize only
    one entry by the same person or association of persons; and no
    association of persons any member of which shall have taken the
    benefit of such sections, either as an individual or as a member of
    any other association, shall enter or hold any other lands under
    the provisions thereof; and no member of any association which
    shall have taken the benefit of such sections shall enter or hold
    any other lands under their provisions; and all persons claiming
    under section 72 of this title shall be required to prove their
    respective rights and pay for the lands filed upon within one year
    from the time prescribed for filing their respective claims; and
    upon failure to file the proper notice, or to pay for the land
    within the required period, the same shall be subject to entry by
    any other qualified applicant.

-SOURCE-
    (R.S. Sec. 2350.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2350 derived from act Mar. 3, 1873, ch. 279, Sec. 4, 17
    Stat. 607.


-MISC1-
                           INDIAN LANDS EXCEPTED                       
      See note set out under section 71 of this title.

-End-



-CITE-
    30 USC Sec. 75                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-
    Sec. 75. Conflicting claims upon coal lands; rules and regulations

-STATUTE-
      In case of conflicting claims upon coal lands where the
    improvements shall be commenced, after the third day of March,
    1873, priority of possession and improvement, followed by proper
    filing and continued good faith, shall determine the preference
    right to purchase. And also where improvements have already been
    made prior to the third day of March, 1873, division of the land
    claimed may be made by legal subdivisions, to include, as near as
    may be, the valuable improvements of the respective parties. The
    Director of the Bureau of Land Management is authorized to issue
    all needful rules and regulations for carrying into effect the
    provisions of this section and sections 71 to 74 of this title.

-SOURCE-
    (R.S. Sec. 2351; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2351 derived from act Mar. 3, 1873, ch. 279, Sec. 5, 17
    Stat. 608.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Bureau of Land Management" substituted in text
    for "Commissioner of the General Land Office" on authority of
    Reorg. Plan No. 3 of 1946, Sec. 403, set out in the Appendix to
    Title 5, Government Organization and Employees.
      See also note set out under section 1 of this title.


-MISC1-
                           INDIAN LANDS EXCEPTED                       
      See note set out under section 71 of this title.

-End-



-CITE-
    30 USC Sec. 76                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-
    Sec. 76. Reservation of rights upon coal lands; sale of certain
      mining lands

-STATUTE-
      Nothing in sections 71 to 75 of this title shall be construed to
    destroy or impair any rights which may have attached prior to the
    third day of March, 1873, or to authorize the sale of lands
    valuable for mines of gold, silver, or copper.

-SOURCE-
    (R.S. Sec. 2352.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2352 derived from act Mar. 3, 1873, ch. 279, Sec. 6, 17
    Stat. 608.


-MISC1-
                           INDIAN LANDS EXCEPTED                       
      See note set out under section 71 of this title.

-End-



-CITE-
    30 USC Sec. 77                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER I - COAL LAND ENTRIES IN GENERAL

-HEAD-
    Sec. 77. Alabama coal lands; agricultural entry

-STATUTE-
      Unreserved public lands containing coal deposits in the State of
    Alabama which on April 23, 1912, were being withheld from homestead
    entry under the provisions of section 171 of this title, may be
    entered under the homestead laws of the United States subject to
    the provisions, terms, conditions, and limitations prescribed in
    sections 83 to 85 of this title.

-SOURCE-
    (Apr. 23, 1912, ch. 87, 37 Stat. 90.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The homestead laws of the United States, referred to in text, are
    classified generally to chapter 7 (Sec. 161 et seq.) of Title 43,
    Public Lands.

-End-


-CITE-
    30 USC SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL
           LAND LAWS WITH RESERVATION OF COAL TO UNITED
           STATES                                          01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
                     RESERVATION OF COAL TO UNITED STATES

-HEAD-
     SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
                   RESERVATION OF COAL TO UNITED STATES

-End-



-CITE-
    30 USC Sec. 81                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
                     RESERVATION OF COAL TO UNITED STATES

-HEAD-
    Sec. 81. Rights of entrymen of lands subsequently classified as
      coal lands; disposal of coal deposits

-STATUTE-
      Any person who has in good faith located, selected, or entered
    under the nonmineral land laws of the United States any lands which
    subsequently are classified, claimed, or reported as being valuable
    for coal, may, if he shall so elect, and upon making satisfactory
    proof of compliance with the laws under which such lands are
    claimed, receive a patent therefor, which shall contain a
    reservation to the United States of all coal in said lands, and the
    right to prospect for, mine, and remove the same. The coal deposits
    in such lands shall be subject to disposal by the United States in
    accordance with the provisions of the coal land laws in force at
    the time of such disposal, but no person shall enter upon said
    lands to prospect for, or mine and remove coal therefrom, without
    previous consent of the owner under such patent, except upon such
    conditions as to security for and payment of all damages to such
    owner caused thereby as may be determined by a court of competent
    jurisdiction. The owner under such patent shall have the right to
    mine coal for use on the land for domestic purposes prior to the
    disposal by the United States of the coal deposit. Nothing herein
    contained shall be held to affect or abridge the right of any
    locator, selector, or entryman to a hearing for the purpose of
    determining the character of the land located, selected, or entered
    by him. Such locator, selector, or entryman who has made or shall
    make final proof showing good faith and satisfactory compliance
    with the law under which his land is claimed shall be entitled to a
    patent without reservation unless at the time of such final proof
    and entry it shall be shown that the land is chiefly valuable for
    coal.

-SOURCE-
    (Mar. 3, 1909, ch. 270, 35 Stat. 844.)


-MISC1-
     PROTECTION OF SANCTITY OF CONTRACTS AND LEASES OF SURFACE PATENT
                HOLDERS WITH RESPECT TO COALBED METHANE GAS
      Pub. L. 105-367, Sec. 1, Nov. 10, 1998, 112 Stat. 3313, provided
    that:
      "(a) In General. - Subject to subsection (b), the United States
    shall recognize as not infringing upon any ownership rights of the
    United States to coalbed methane any - 
        "(1) contract or lease covering any land that was conveyed by
      the United States under the Act entitled 'An Act for the
      protection of surface rights of entrymen', approved March 3, 1909
      (30 U.S.C. 81), or the Act entitled 'An Act to provide for
      agricultural entries on coal lands', approved June 22, 1910 (30
      U.S.C. 83 et seq.), that was - 
          "(A) entered into by a person who has title to said land
        derived under said Acts, and
          "(B) that conveys rights to explore for, extract, and sell
        coalbed methane from said land; or
        "(2) coalbed methane production from the lands described in
      subsection (a)(1) by a person who has title to said land and who,
      on or before the date of enactment of this Act [Nov. 10, 1998],
      has filed an application with the State oil and gas regulating
      agency for a permit to drill an oil and gas well to a completion
      target located in a coal formation.
      "(b) Application. - Subsection (a) - 
        "(1) shall apply only to a valid contract or lease described in
      subsection (a) that is in effect on the date of enactment of this
      Act;
        "(2) shall not otherwise change the terms or conditions of, or
      affect the rights or obligations of any person under such a
      contract or lease;
        "(3) shall apply only to land with respect to which the United
      States is the owner of coal reserved to the United States in a
      patent issued under the Act of March 3, 1909 (30 U.S.C. 81), or
      the Act of June 22, 1910 (30 U.S.C. 83 et seq.), the position of
      the United States as the owner of the coal not having passed to a
      third party by deed, patent or other conveyance by the United
      States;
        "(4) shall not apply to any interest in coal or land conveyed,
      restored, or transferred by the United States to a federally
      recognized Indian tribe, including any conveyance, restoration,
      or transfer made pursuant to the Indian Reorganization Act, June
      18, 1934 (c. 576, 48 Stat. 984, as amended) [25 U.S.C. 461 et
      seq.]; the Act of June 28, 1938 (c. 776, 52 Stat. 1209 as
      implemented by the order of September 14, 1938, 3 Fed. Reg.
      1425); and including the area described in section 3 of Public
      Law 98-290 [25 U.S.C. 668 note]; or any executive order;
        "(5) shall not be construed to constitute a waiver of any
      rights of the United States with respect to coalbed methane
      production that is not subject to subsection (a); and
        "(6) shall not limit the right of any person who entered into a
      contract or lease before the date of enactment of this Act [Nov.
      10, 1998], or enters into a contract or lease on or after the
      date of enactment of this Act, for coal owned by the United
      States, to mine and remove the coal and to release coalbed
      methane without liability to any person referred to in subsection
      (a)(1)(A) or (a)(2)."
      Similar provisions were contained in Pub. L. 105-277, div. A,
    Sec. 101(e) [title III, Sec. 349], Oct. 21, 1998, 112 Stat. 2681-
    231, 2681-300.

         LANDS IN NORTH PLATTE RECLAMATION PROJECT; MINERAL RIGHTS     
      Patents for lands in North Platte Reclamation Project not to
    contain reservations of minerals in certain cases, see section 125
    of this title.

-End-



-CITE-
    30 USC Sec. 82                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
                     RESERVATION OF COAL TO UNITED STATES

-HEAD-
    Sec. 82. New or supplemental patents, in case of lands subsequently
      classified as noncoal

-STATUTE-
      The Secretary of the Interior is authorized and directed in cases
    where patents for public lands have been issued to entrymen under
    the provisions of sections 81 and 83 to 85 of this title, reserving
    to the United States all coal deposits therein, and lands so
    patented are subsequently classified as noncoal in character, to
    issue new or supplemental patents without such reservation.

-SOURCE-
    (Apr. 14, 1914, ch. 55, 38 Stat. 335.)

-End-



-CITE-
    30 USC Sec. 83                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
                     RESERVATION OF COAL TO UNITED STATES

-HEAD-
    Sec. 83. Homestead or desert-land and other entries

-STATUTE-
      Unreserved public lands of the United States exclusive of Alaska
    which have been withdrawn or classified as coal lands, or are
    valuable for coal, shall be subject to appropriate entry under the
    homestead laws by actual settlers only, the desert-land law, to
    selection under section 641 of title 43, and to withdrawal under
    the Act approved June seventeenth, nineteen hundred and two, known
    as the Reclamation Act, whenever such entry, selection, or
    withdrawal shall be made with a view of obtaining or passing title,
    with a reservation to the United States of the coal in such lands
    and of the right to prospect for, mine, and remove the same. But
    all homestead entries made hereunder shall be subject to the
    conditions, as to residence and cultivation, of entries under
    section 218 of title 43. Those who have initiated nonmineral
    entries, selections, or locations in good faith, prior to June 22,
    1910, on lands withdrawn or classified as coal lands may perfect
    the same under the provisions of the laws under which said entries
    were made, but shall receive the limited patent provided for in
    sections 83 to 85 of this title.

-SOURCE-
    (June 22, 1910, ch. 318, Sec. 1, 36 Stat. 583; June 16, 1955, ch.
    145, Sec. 1, 69 Stat. 138.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The homestead laws, referred to in text, are classified generally
    to chapter 7 (Sec. 161 et seq.) of Title 43, Public Lands.
      The desert-land law, referred to in text, is classified generally
    to chapter 9 (Sec. 321 et seq.) of Title 43.
      The Reclamation Act, referred to in text, is act June 17, 1902,
    ch. 1093, 32 Stat. 388, as amended, which is classified generally
    to chapter 12 (Sec. 371 et seq.) of Title 43. The withdrawal
    provision of such Act is classified to section 416 of Title 43. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 371 of Title 43 and Tables.


-MISC1-
                                AMENDMENTS                            
      1955 - Act June 16, 1955, removed 160-acre limitation on desert
    entry.

                       ADDITIONAL DESERT-LAND ENTRY                   
      Section 3 of act June 16, 1955, as amended by Pub. L. 85-641,
    Sec. 2, Aug. 14, 1958, 72 Stat. 596, provided that: "Any person
    who, prior to June 16, 1955, made a valid desert-land entry on
    lands subject to such Act of June 22, 1910 [sections 83 to 85 of
    this title], or of July 17, 1914 [sections 121 to 123 of this
    title], may, if otherwise qualified, make one additional entry, as
    a personal privilege, not assignable, upon one or more tracts of
    desert land subject to the provisions of such Acts, as hereby
    amended, and section 7 of the Act entitled 'An Act to stop injury
    to the public grazing lands by preventing overgrazing and soil
    deterioration, to provide for their orderly use, improvement, and
    development to stabilize the livestock industry dependent upon the
    public range, and for other purposes', approved June 28, 1934, as
    amended (48 Stat. 1269, 1272; 43 U.S.C. 315f). The additional land
    entered by any person pursuant to this section shall not, together
    with his original entry, exceed three hundred and twenty acres, and
    all the tracts included within the additional entry authorized by
    this section shall be sufficiently close to each other to be
    managed satisfactorily as an economic unit, as determined under
    rules and regulations issued by the Secretary of the Interior.
    Additional entries authorized by this section shall be subject to
    all the requirements of the desert-land law."

                          SUPPLEMENTAL PROVISIONS                      
      Section 90 of this title, act Apr. 30, 1912, ch. 99, 37 Stat.
    105, supplements this section by making provisions for the
    selection of coal lands by the several States, and for their sale
    under the laws providing for the sale of isolated or disconnected
    tracts of public lands.

-End-



-CITE-
    30 USC Sec. 84                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
                     RESERVATION OF COAL TO UNITED STATES

-HEAD-
    Sec. 84. Applications for entry

-STATUTE-
      Any person desiring to make entry under the homestead laws or the
    desert-land law, any State desiring to make selection under section
    641 of title 43, and the Secretary of the Interior in withdrawing
    under the Reclamation Act lands classified as coal lands, or
    valuable for coal, with a view of securing or passing title to the
    same in accordance with the provisions of said Acts, shall state in
    the application for entry, selection, or notice of withdrawal that
    the same is made in accordance with and subject to the provisions
    and reservations of sections 83 to 85 of this title.

-SOURCE-
    (June 22, 1910, ch. 318, Sec. 2, 36 Stat. 584.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The homestead laws, referred to in text, are classified generally
    to chapter 7 (Sec. 161 et seq.) of Title 43, Public Lands.
      The desert-land law, referred to in text, is classified generally
    to chapter 9 (Sec. 321 et seq.) of Title 43.
      The Reclamation Act, referred to in text, is act June 17, 1902,
    ch. 1093, 32 Stat. 388, as amended, which is classified generally
    to chapter 12 (Sec. 371 et seq.) of Title 43. The withdrawal
    provision of such Act is classified to section 416 of Title 43. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 371 of Title 43 and Tables.


-MISC1-
                          SUPPLEMENTAL PROVISIONS                      
      See note set out under section 83 of this title.

-End-



-CITE-
    30 USC Sec. 85                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
                     RESERVATION OF COAL TO UNITED STATES

-HEAD-
    Sec. 85. Patents for lands, with reservation of coal; disposal of
      coal deposits

-STATUTE-
      Upon satisfactory proof of full compliance with the provisions of
    the laws under which entry is made, and of sections 83 to 85 of
    this title, the entryman shall be entitled to a patent to the land
    entered by him, which patent shall contain a reservation to the
    United States of all the coal in the lands so patented, together
    with the right to prospect for, mine, and remove the same. The coal
    deposits in such lands shall be subject to disposal by the United
    States in accordance with the provisions of the coal-land laws in
    force at the time of such disposal. Any person qualified to acquire
    coal deposits or the right to mine and remove the coal under the
    laws of the United States shall have the right, at all times, to
    enter upon the lands selected, entered, or patented, as provided by
    sections 83 to 85 of this title, for the purpose of prospecting for
    coal thereon upon the approval by the Secretary of the Interior of
    a bond or undertaking to be filed with him as security for the
    payment of all damages to the crops and improvements on such lands
    by reason of such prospecting. Any person who has acquired from the
    United States the coal deposits in any such land, or the right to
    mine or remove the same, may reenter and occupy so much of the
    surface thereof as may be required for all purposes reasonably
    incident to the mining and removal of the coal therefrom, and mine
    and remove the coal, upon payment of the damages caused thereby to
    the owner thereof, or upon giving a good and sufficient bond or
    undertaking in an action instituted in any competent court to
    ascertain and fix said damages. The owner under such limited patent
    shall have the right to mine coal for use upon the land for
    domestic purposes at any time prior to the disposal by the United
    States of the coal deposits. Nothing herein contained shall be held
    to deny or abridge the right to present and have prompt
    consideration of applications to locate, enter, or select, under
    the land laws of the United States, lands which have been
    classified as coal lands with a view of disproving such
    classification and securing a patent without reservation.

-SOURCE-
    (June 22, 1910, ch. 318, Sec. 3, 36 Stat. 584.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The land laws, referred to in text, are classified generally to
    Title 43, Public Lands.


-MISC1-
                          SUPPLEMENTAL PROVISIONS                      
      See note set out under section 83 of this title.

-End-



-CITE-
    30 USC Sec. 86                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
                     RESERVATION OF COAL TO UNITED STATES

-HEAD-
    Sec. 86. Disposition of lands in Indian reservations with
      reservation of coal; examination and appraisal of lands

-STATUTE-
      In any Indian reservation opened to settlement and entry pursuant
    to a classification of the surplus lands therein as mineral and
    nonmineral, such surplus lands not otherwise reserved or disposed
    of, which have been or may be withdrawn or classified as coal lands
    or are valuable for coal deposits, shall be subject to the same
    disposition as is or may be prescribed by law for the nonmineral
    lands in such reservation whenever proper application shall be made
    with a view of obtaining title to such lands, with a reservation to
    the United States of the coal deposits therein and of the right to
    prospect for, mine, and remove the same. Such surplus lands, prior
    to any disposition hereunder, shall be examined, separated into
    classes the same as are the nonmineral lands in such reservations,
    and appraised, as to their value, exclusive of the coal deposits
    therein, under such rules and regulations as shall be prescribed by
    the Secretary of the Interior for that purpose.

-SOURCE-
    (Feb. 27, 1917, ch. 133, Sec. 1, 39 Stat. 944.)

-End-



-CITE-
    30 USC Sec. 87                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
                     RESERVATION OF COAL TO UNITED STATES

-HEAD-
    Sec. 87. Statements in application; patents

-STATUTE-
      Any applicant for lands mentioned in section 86 of this title
    shall state in his application that the same is made in accordance
    with and subject to the provisions and reservations of sections 86
    to 89 of this title, and upon submission of satisfactory proof of
    full compliance with the provisions of law under which application
    or entry is made and of sections 86 to 89 of this title shall be
    entitled to a patent to the lands applied for and entered by him,
    which patent shall contain a reservation to the United States of
    all the coal deposits in the lands so patented, together with the
    right to prospect for, mine, and remove the same.

-SOURCE-
    (Feb. 27, 1917, ch. 133, Sec. 2, 39 Stat. 945.)

-End-



-CITE-
    30 USC Sec. 88                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
                     RESERVATION OF COAL TO UNITED STATES

-HEAD-
    Sec. 88. Disposition of coal by United States

-STATUTE-
      If the coal-land laws have been or shall be extended over lands
    applied for, entered, or patented hereunder the coal deposits
    therein shall be subject to disposal by the United States in
    accordance with the provisions of the coal-land laws in force at
    the time of such disposal. Any person qualified to acquire coal
    deposits or the right to mine and remove the coal under the laws of
    the United States shall have the right at all times to enter upon
    the lands applied for, entered, or patented under sections 86 to 89
    of this title, for the purpose of prospecting for coal thereon, if
    such coal deposits are then subject to disposition, upon the
    approval by the Secretary of the Interior of a bond or undertaking
    to be filed with him as security for the payment of all damages to
    the crops and improvements on such lands by reason of such
    prospecting. Any person who has acquired from the United States the
    coal deposits in any such lands, or the right to mine or remove the
    same, may reenter and occupy so much of the surface thereof as may
    be required for all purposes reasonably incident to the mining and
    removal of the coal therefrom, and mine and remove the coal, upon
    payment of the damages caused thereby to the owner thereof, or upon
    giving a good and sufficient bond or undertaking in an action
    instituted in any competent court to ascertain and fix said
    damages. The owner under such limited patent shall have the right
    to mine coal for personal use upon the land for domestic purposes
    at any time prior to the disposal by the United States of the coal
    deposits. Nothing herein contained shall be held to deny or abridge
    the right to present and have prompt consideration of applications
    made under the applicable land laws of the United States for any
    such surplus lands which have been or may be classified as coal
    lands with a view of disproving such classification and securing a
    patent without reservation.

-SOURCE-
    (Feb. 27, 1917, ch. 133, Sec. 3, 39 Stat. 945.)

-End-



-CITE-
    30 USC Sec. 89                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
                     RESERVATION OF COAL TO UNITED STATES

-HEAD-
    Sec. 89. Disposition of proceeds

-STATUTE-
      The net proceeds derived from the sale and entry of surplus lands
    in conformity with the provisions of sections 86 to 89 of this
    title shall be paid into the Treasury of the United States to the
    credit of the same fund under the same conditions and limitations
    as are or may be prescribed by law for the disposition of the
    proceeds arising from the disposal of other surplus lands in such
    Indian reservation. The provisions of sections 86 to 89 of this
    title shall not apply to the lands of the Five Civilized Tribes of
    Indians in Oklahoma.

-SOURCE-
    (Feb. 27, 1917, ch. 133, Sec. 4, 39 Stat. 945.)

-End-



-CITE-
    30 USC Sec. 90                                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER II - COAL LAND ENTRIES UNDER NONMINERAL LAND LAWS WITH
                     RESERVATION OF COAL TO UNITED STATES

-HEAD-
    Sec. 90. Selection of coal lands by States; sale in isolated or
      disconnected tracts

-STATUTE-
      Unreserved public lands of the United States, exclusive of
    Alaska, which have been withdrawn or classified as coal lands or
    are valuable for coal shall, in addition to the classes of entries
    or filings described in sections 83 to 85 of this title be subject
    to selection by the several States within whose limits the lands
    are situate, under grants made by Congress, and to disposition, in
    the discretion of the Secretary of the Interior, under the laws
    providing for the sale of isolated or disconnected tracts of public
    lands, but there shall be a reservation to the United States of the
    coal in all such lands so selected or sold and of the right to
    prospect for, mine, and remove the same in accordance with the
    provisions of said sections, and such lands shall be subject to all
    the conditions and limitations of said sections.

-SOURCE-
    (Apr. 30, 1912, ch. 99, 37 Stat. 105.)


-MISC1-
                          SUPPLEMENTAL PROVISIONS                      
      Act Apr. 30, 1912, is supplemental to sections 83 to 85 of this
    title.

-End-


-CITE-
    30 USC SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR
           GAS LAND ENTRIES UNDER MINING LAWS              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES
           UNDER MINING LAWS                             

-HEAD-
    SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES
                             UNDER MINING LAWS

-End-



-CITE-
    30 USC Sec. 101                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES
           UNDER MINING LAWS                             

-HEAD-
    Sec. 101. Omitted

-COD-
                               CODIFICATION                           
      Section, act Feb. 11, 1897, ch. 216, 29 Stat. 526, related to
    entry of mineral oil lands under placer mining laws. See section
    181 et seq. of this title.


-MISC1-
                             SAVINGS PROVISION                         
      Section 193 of this title contains a savings provision protecting
    valid claims in existence on Feb. 20, 1920.

-End-



-CITE-
    30 USC Sec. 102                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES
           UNDER MINING LAWS                             

-HEAD-
    Sec. 102. Assessment work on contiguous oil lands, located as
      claims, of same owner

-STATUTE-
      Where oil lands are located under the provisions of sections 21,
    22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this
    title and section 661 of title 43 as placer mining claims, the
    annual assessment labor upon such claims may be done upon any one
    of a group of claims lying contiguous and owned by the same person
    or corporation, not exceeding five claims in all, where such labor
    will tend to the development or to determine the oil-bearing
    character of such contiguous claims.

-SOURCE-
    (Feb. 12, 1903, ch. 548, 32 Stat. 825.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
    to 76 of this title and section 661 of title 43, referred to in
    text, were in the original "title thirty-two, chapter six, Revised
    Statutes of the United States", consisting of R.S. Secs. 2318 to
    2352.

-End-



-CITE-
    30 USC Sec. 103                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES
           UNDER MINING LAWS                             

-HEAD-
    Sec. 103. Patents for oil or gas lands not denied because of
      transfer before discovery of oil or gas; acreage limitation;
      nonapplication to withdraw lands

-STATUTE-
      In no case shall patent be denied to or for any lands located or
    claimed prior to March 2, 1911, under the mining laws of the United
    States containing petroleum, mineral oil, or gas solely because of
    any transfer or assignment thereof or of any interest or interests
    therein by the original locator or locators, or any of them, to any
    qualified persons or person or corporation, prior to discovery of
    oil or gas therein, but if such claim is in all other respects
    valid and regular, patent therefor not exceeding one hundred and
    sixty acres in any one claim shall issue to the holder or holders
    thereof, as in other cases. The above provisions shall not apply
    where such lands were at the time of inception of development on or
    under such claim withdrawn from mineral entry.

-SOURCE-
    (Mar. 2, 1911, ch. 201, Sec. 1, 36 Stat. 1015.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in text, are
    classified generally to this title.

-End-



-CITE-
    30 USC Sec. 104                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER III - PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES
           UNDER MINING LAWS                             

-HEAD-
    Sec. 104. Agreements with applicants for patents as to disposition
      of oil or gas, or proceeds thereof, pending determination of
      title; Navy Petroleum Fund

-STATUTE-
      Where applications for patents have been or may be offered for
    any oil or gas land included in an order of withdrawal upon which
    oil or gas had been discovered, or was being produced prior to
    March 2, 1911, or upon which drilling operations were in actual
    progress on October 3, 1910, and oil or gas is thereafter
    discovered thereon, and where there has been no final determination
    by the Secretary of the Interior upon such applications for patent,
    said Secretary, in his discretion, may enter into agreements, under
    such conditions as he may prescribe with such applicants for
    patents in possession of such land or any portions thereof,
    relative to the disposition of the oil or gas produced therefrom or
    the proceeds thereof, pending final determination of the title
    thereto by the Secretary of the Interior, or such other disposition
    of the same as may be authorized by law. Any money which may accrue
    to the United States under the provisions of sections 103 and 104
    of this title from lands within the Naval Petroleum Reserves shall
    be set aside for the needs of the Navy and deposited in the
    Treasury to the credit of a fund to be known as the Navy Petroleum
    Fund, which fund shall be applied to the needs of the Navy as
    Congress may from time to time direct, by appropriation or
    otherwise.

-SOURCE-
    (Mar. 2, 1911, ch. 201, Sec. 2, as added Aug. 25, 1914, ch. 287, 38
    Stat. 708.)

-End-


-CITE-
    30 USC SUBCHAPTER IV - HOMESTEAD ENTRY OF LANDS IN UTAH,
           WITHDRAWN OR CLASSIFIED AS OIL LANDS            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER IV - HOMESTEAD ENTRY OF LANDS IN UTAH, WITHDRAWN OR
                     CLASSIFIED AS OIL LANDS   

-HEAD-
      SUBCHAPTER IV - HOMESTEAD ENTRY OF LANDS IN UTAH, WITHDRAWN OR
                          CLASSIFIED AS OIL LANDS

-End-



-CITE-
    30 USC Secs. 111 to 113                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER IV - HOMESTEAD ENTRY OF LANDS IN UTAH, WITHDRAWN OR
                     CLASSIFIED AS OIL LANDS   

-HEAD-
    Secs. 111 to 113. Repealed.

-MISC1-
    Secs. 111 to 113. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.
      1028.
      Section 111, act Aug. 24, 1912, ch. 367, Sec. 1, 37 Stat. 496,
    related to homestead entry of lands in Utah.
      Section 112, act Aug. 24, 1912, ch. 367, Sec. 2, 37 Stat. 496,
    related to required information in the application for entry.
      Section 113, act Aug. 24, 1912, ch. 367, Sec. 3, 37 Stat. 496,
    related to reservation of oil and gas to the United States in the
    lands entered.
      Provisions on entry of lands withdrawn or classified as oil lands
    are contained in sections 121 to 123 of this title.

-End-


-CITE-
    30 USC SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS
           WITHDRAWN OR CLASSIFIED AS CONTAINING
           PHOSPHATE, NITRATE, POTASH, OIL, GAS,
           ASPHALTIC MINERALS, SODIUM, OR SULPHUR          01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED
                    AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,
                    GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR

-HEAD-
    SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED
       AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL, GAS, ASPHALTIC
                       MINERALS, SODIUM, OR SULPHUR

-End-



-CITE-
    30 USC Sec. 121                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED
                    AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,
                    GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR

-HEAD-
    Sec. 121. Agricultural entry or purchase of lands withdrawn or
      classified as containing phosphate, nitrate, potash, oil, or gas;
      reservations to United States; application

-STATUTE-
      Lands withdrawn or classified as phosphate, nitrate, potash, oil,
    gas, or asphaltic minerals, or which are valuable for those
    deposits, shall be subject to appropriation, location, selection,
    entry, or purchase, if otherwise available, under the nonmineral
    land laws of the United States, whenever such location, selection,
    entry, or purchase shall be made with a view of obtaining or
    passing title with a reservation to the United States of the
    deposits on account of which the lands were withdrawn or classified
    or reported as valuable, together with the right to prospect for,
    mine, and remove the same. All applications to locate, select,
    enter, or purchase under this section shall state that the same are
    made in accordance with and subject to the provisions and
    reservations of sections 121 to 123 of this title.

-SOURCE-
    (July 17, 1914, ch. 142, Sec. 1, 38 Stat. 509; June 16, 1955, ch.
    145, Sec. 2, 69 Stat. 138.)


-MISC1-
                                AMENDMENTS                            
      1955 - Act June 16, 1955, removed 160-acre limitation on desert
    entry.

                       ADDITIONAL DESERT-LAND ENTRY                   
      Increase of limitation with respect to desert entries to 320
    acres, see note set out under section 83 of this title.

-End-



-CITE-
    30 USC Sec. 122                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED
                    AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,
                    GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR

-HEAD-
    Sec. 122. Patents; reservation in the United States of reserved
      deposits; acquisition of right to remove deposits; application
      for entry to disprove classification

-STATUTE-
      Upon satisfactory proof of full compliance with the provisions of
    the laws under which the location, selection, entry, or purchase is
    made, the locator, selector, entryman, or purchaser shall be
    entitled to a patent to the land located, selected, entered, or
    purchased, which patent shall contain a reservation to the United
    States of the deposits on account of which the lands so patented
    were withdrawn or classified or reported as valuable, together with
    the right to prospect for, mine, and remove the same, such deposits
    to be subject to disposal by the United States only as shall be
    hereafter expressly directed by law: Provided, however, That all
    mineral deposits heretofore or hereafter reserved to the United
    States under sections 121 to 123 of this title which are subject,
    at the time of application for patent, to valid and subsisting
    rights acquired by discovery and location under the mining laws of
    the United States made prior to the date of the Mineral Leasing Act
    of February 25, 1920 [30 U.S.C. 181 et seq.], shall hereafter be
    subject to disposal to the holders of those valid and subsisting
    rights by patent under the mining laws of the United States in
    force at the time of such disposal. Any person qualified to acquire
    the reserved deposits may enter upon said lands with a view of
    prospecting for the same upon the approval by the Secretary of the
    Interior of a bond or undertaking to be filed with him as security
    for the payment of all damages to the crops and improvements on
    such lands by reason of such prospecting, the measure of any such
    damage to be fixed by agreement of parties or by a court of
    competent jurisdiction. Any person who has acquired from the United
    States the title to or the right to mine and remove the reserved
    deposits, should the United States dispose of the mineral deposits
    in lands, may reenter and occupy so much of the surface thereof as
    may be required for all purposes reasonably incident to the mining
    and removal of the minerals therefrom, and mine and remove such
    minerals, upon payment of damages caused thereby to the owner of
    the land, or upon giving a good and sufficient bond or undertaking
    therefor in an action instituted in any competent court to
    ascertain and fix said damages. Nothing herein contained shall be
    held to deny or abridge the right to present and have prompt
    consideration of applications to locate, select, enter, or
    purchase, under the land laws of the United States, lands which
    have been withdrawn or classified as phosphate, nitrate, potash,
    oil, gas, or asphaltic mineral lands, with a view of disproving
    such classification and securing patent without reservation, nor
    shall persons who have located, selected, entered, or purchased
    lands subsequently withdrawn, or classified as valuable for said
    mineral deposits, be debarred from the privilege of showing, at any
    time before final entry, purchase, or approval of selection or
    location, that the lands entered, selected, or located are in fact
    nonmineral in character.

-SOURCE-
    (July 17, 1914, ch. 142, Sec. 2, 38 Stat. 509; July 20, 1956, ch.
    652, 70 Stat. 592.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in text, are
    classified generally to this title.
      The Mineral Leasing Act of February 25, 1920, referred to in
    text, is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which
    is classified generally to chapter 3A (Sec. 181 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 181 of this title and
    Tables.
      The land laws of the United States, referred to in text, are
    classified generally to Title 43, Public Lands.


-MISC1-
                                AMENDMENTS                            
      1956 - Act July 20, 1956, permitted disposal of mineral deposits
    which are subject, at the time of application for patent, to valid
    and subsisting rights acquired by discovery and location under the
    mining laws made prior to Feb. 25, 1920.

         LANDS IN NORTH PLATTE RECLAMATION PROJECT; MINERAL RIGHTS     
      Patents for lands in North Platte Reclamation Project not to
    contain reservations of minerals in certain cases, see section 125
    of this title.

-End-



-CITE-
    30 USC Sec. 123                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED
                    AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,
                    GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR

-HEAD-
    Sec. 123. Persons locating lands subsequently withdrawn or
      classified; patents to

-STATUTE-
      Any person who has, in good faith, located, selected, entered, or
    purchased, or any person who shall locate, select, enter, or
    purchase, after July 17, 1914, under the nonmineral land laws of
    the United States, any lands which are subsequently withdrawn,
    classified, or reported as being valuable for phosphate, nitrate,
    potash, oil, gas, or asphaltic minerals, may, upon application
    therefor, and making satisfactory proof of compliance with the laws
    under which such lands are claimed, receive a patent therefor,
    which patent shall contain a reservation to the United States of
    all deposits on account of which the lands were withdrawn,
    classified, or reported as being valuable, together with the right
    to prospect for, mine, and remove the same.

-SOURCE-
    (July 17, 1914, ch. 142, Sec. 3, 38 Stat. 510.)


-MISC1-
      NORTH PLATTE RECLAMATION PROJECT; ENTRY PRIOR TO JULY 17, 1914;
                              MINERAL RIGHTS
      Patents for lands in North Platte Reclamation Project not to
    contain reservations of minerals in certain cases, see section 125
    of this title.

-End-



-CITE-
    30 USC Sec. 124                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED
                    AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,
                    GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR

-HEAD-
    Sec. 124. Agricultural entry or purchase of lands withdrawn or
      classified as containing sodium or sulphur

-STATUTE-
      Lands withdrawn, classified, or reported as valuable for sodium
    and/or sulphur and subject to prospecting, leasing, or development
    under the General Leasing Act of February 25, 1920, or Acts
    amendatory thereof or supplementary thereto [30 U.S.C. 181 et
    seq.], shall be subject to appropriation, location, selection,
    entry, or purchase if otherwise available in the form and manner
    and subject to the reservations, provisions, limitations, and
    conditions of the Act of Congress approved July 17, 1914 (38 Stat.
    L. 509; U.S.C., title 30, sec. 123); Provided, however, That lands
    lying within the geologic structure of a field, or withdrawn,
    classified, or reported as valuable for any of the minerals named
    herein and/or in any of said sections, or upon which leases or
    prospecting permits have been applied for or granted, for the
    production of any of such minerals, shall not be subject to such
    appropriation, location, selection, entry, or purchase unless it
    shall be determined by the Secretary of the Interior that such
    disposal will not unreasonably interfere with operations under said
    sections.

-SOURCE-
    (Mar. 4, 1933, ch. 278, 47 Stat. 1570.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Leasing Act of February 25, 1920, referred to in
    text, probably means the Mineral Leasing Act of 1920, act Feb. 25,
    1920, ch. 85, 41 Stat. 437, as amended, which is classified
    generally to chapter 3A (Sec. 181 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 181 of this title and Tables.
      The Act of Congress approved July 17, 1914, referred to in text,
    is act July 17, 1914, ch. 142, 38 Stat. 509, as amended, which is
    classified to sections 121 to 123 of this title.

-End-



-CITE-
    30 USC Sec. 125                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER V - AGRICULTURAL ENTRY OF LANDS WITHDRAWN OR CLASSIFIED
                    AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,
                    GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR

-HEAD-
    Sec. 125. Patents in North Platte Reclamation Project; mineral
      rights; subrogation

-STATUTE-
      Where reclamation homestead entry was made prior to July 17,
    1914, pursuant to the Act of June 17, 1902 (32 Stat. 389, 43 U.S.C.
    sec. 431), as supplemented, for lands in the Northport Division or
    the Interstate Division of the North Platte Reclamation Project,
    and after such entry the lands have been or are hereafter
    withdrawn, classified, or reported as being valuable for any of the
    minerals named in sections 81 and 121 to 124 of this title, the
    patent shall not contain a reservation of such minerals. If any
    such mineral deposits on account of which the lands were withdrawn,
    classified or reported as being valuable have been leased by the
    United States, such patent shall be made subject to the rights of
    the lessee, but the patentee shall be subrogated to the rights of
    the United States under the lease.

-SOURCE-
    (Apr. 17, 1954, ch. 152, 68 Stat. 56.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is act June 17, 1902,
    ch. 1093, 32 Stat. 388, as amended, popularly known as the
    Reclamation Act, which is classified generally to chapter 12 (Sec.
    371 et seq.) of Title 43, Public Lands. For complete classification
    of this Act to the Code, see Short Title note set out under section
    371 of Title 43 and Tables.

-End-


-CITE-
    30 USC SUBCHAPTER VI - LOCATION OF PHOSPHATE ROCK LANDS
           UNDER PLACER-MINING LAWS                        01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER VI - LOCATION OF PHOSPHATE ROCK LANDS UNDER PLACER-MINING
                     LAWS                      

-HEAD-
          SUBCHAPTER VI - LOCATION OF PHOSPHATE ROCK LANDS UNDER
                            PLACER-MINING LAWS

-End-



-CITE-
    30 USC Sec. 131                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER VI - LOCATION OF PHOSPHATE ROCK LANDS UNDER PLACER-MINING
                     LAWS                      

-HEAD-
    Sec. 131. Omitted

-COD-
                               CODIFICATION                           
      Section, act Jan. 11, 1915, ch. 9, 38 Stat. 792, provided for
    perfection under placer mining laws of locations made in good faith
    prior to Jan. 11, 1915, on public lands containing deposits of
    phosphate rock.

-End-


-CITE-
    30 USC SUBCHAPTER VII - PERMITS TO PROSPECT FOR
           CHLORIDES, SULPHATES, CARBONATES, BORATES,
           SILICATES, OR NITRATES OF POTASSIUM             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER VII - PERMITS TO PROSPECT FOR CHLORIDES, SULPHATES,
           CARBONATES, BORATES, SILICATES, OR NITRATES OF POTASSIUM

-HEAD-
      SUBCHAPTER VII - PERMITS TO PROSPECT FOR CHLORIDES, SULPHATES,
         CARBONATES, BORATES, SILICATES, OR NITRATES OF POTASSIUM

-End-



-CITE-
    30 USC Secs. 141 to 152                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER VII - PERMITS TO PROSPECT FOR CHLORIDES, SULPHATES,
           CARBONATES, BORATES, SILICATES, OR NITRATES OF POTASSIUM

-HEAD-
    Secs. 141 to 152. Repealed.

-MISC1-
    Secs. 141 to 152. Repealed. Feb. 7, 1927, ch. 66, Sec. 6, 44 Stat.
      1058.
      Section 141, act Oct. 2, 1917, ch. 62, Sec. 1, 40 Stat. 297,
    related to permits to prospect.
      Section 142, act Oct. 2, 1917, ch. 62, Sec. 2, 40 Stat. 298,
    related to patents to permittees.
      Section 143, act Oct. 2, 1917, ch. 62, Sec. 3, 40 Stat. 298,
    related to leases to permittees for campsites.
      Section 144, act Oct. 2, 1917, ch. 62, Sec. 4, 40 Stat. 299,
    related to cancellation of permits.
      Section 145, act Oct. 2, 1917, ch. 62, Sec. 5, 40 Stat. 299,
    related to restrictions on leasehold interests.
      Section 146, act Oct. 2, 1917, ch. 62, Secs. 6, 7, 40 Stat. 299,
    related to reservations in leases.
      Section 147, act Oct. 2, 1917, ch. 62, Sec. 8, 40 Stat. 300,
    related to forfeitures in leases.
      Section 148, act Oct. 2, 1917, ch. 62, Sec. 9, 40 Stat. 300,
    related to potassium salts deposits.
      Section 149, act Oct. 2, 1917, ch. 62, Sec. 10, 40 Stat. 300,
    related to disposition of royalties and rentals.
      Section 150, act Oct. 2, 1917, ch. 62, Sec. 11, 40 Stat. 300,
    related to rules and regulations.
      Section 151, act Oct. 2, 1917, ch. 62, Sec. 12, 40 Stat. 300,
    related to regulations for disposition of deposits.
      Section 152, act Oct. 2, 1917, ch. 62, Sec. 13, 40 Stat. 300,
    related to provisions in leases for regulation of price and
    disposition of minerals.

-End-


-CITE-
    30 USC SUBCHAPTER VIII - BUILDING STONE OR SALINE LAND
           ENTRIES UNDER PLACER-MINING LAWS                01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER VIII - BUILDING STONE OR SALINE LAND ENTRIES UNDER
           PLACER-MINING LAWS                            

-HEAD-
       SUBCHAPTER VIII - BUILDING STONE OR SALINE LAND ENTRIES UNDER
                            PLACER-MINING LAWS

-End-



-CITE-
    30 USC Sec. 161                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER VIII - BUILDING STONE OR SALINE LAND ENTRIES UNDER
           PLACER-MINING LAWS                            

-HEAD-
    Sec. 161. Entry of building-stone lands; previous law unaffected

-STATUTE-
      Any person authorized to enter lands under the mining laws of the
    United States may enter lands that are chiefly valuable for
    building stone under the provisions of the law in relation to
    placer mineral claims. Lands reserved for the benefit of the public
    schools or donated to any States shall not be subject to entry
    under this section. Nothing contained in this section shall be
    construed to repeal section 471 of title 16 relating to the
    establishment of national forests.

-SOURCE-
    (Aug. 4, 1892, ch. 375, Secs. 1, 3, 27 Stat. 348.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in text, are
    classified generally to this title.

-COD-
                               CODIFICATION                           
      First two sentences of this section are from section 1 and last
    sentence of this section is from section 3 of act Aug. 4, 1892.

-End-



-CITE-
    30 USC Sec. 162                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER VIII - BUILDING STONE OR SALINE LAND ENTRIES UNDER
           PLACER-MINING LAWS                            

-HEAD-
    Sec. 162. Entry of saline lands; limitation

-STATUTE-
      All unoccupied public lands of the United States containing salt
    springs, or deposits of salt in any form, and chiefly valuable
    therefor, shall be subject to location and purchase under the
    provisions of the law relating to placer-mining claims. The same
    person shall not locate or enter more than one claim hereunder.

-SOURCE-
    (Jan. 31, 1901, ch. 186, 31 Stat. 745.)

-End-


-CITE-
    30 USC SUBCHAPTER IX - DISPOSAL OF ALABAMA LANDS AS
           AGRICULTURAL LANDS                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER IX - DISPOSAL OF ALABAMA LANDS AS AGRICULTURAL LANDS

-HEAD-
      SUBCHAPTER IX - DISPOSAL OF ALABAMA LANDS AS AGRICULTURAL LANDS  

-End-



-CITE-
    30 USC Sec. 171                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER IX - DISPOSAL OF ALABAMA LANDS AS AGRICULTURAL LANDS

-HEAD-
    Sec. 171. Disposal as agricultural lands

-STATUTE-
      Except as otherwise provided in chapter 3A of this title, all
    public lands within the State of Alabama, whether mineral or
    otherwise, shall be subject to disposal only as agricultural lands.
    All lands which had been reported to the General Land Office prior
    to March 3, 1883, as containing coal and iron shall first be
    offered at public sale.

-SOURCE-
    (Mar. 3, 1883, ch. 118, 22 Stat. 487; Feb. 25, 1920, ch. 85, Sec.
    1, 41 Stat. 437.)

-COD-
                               CODIFICATION                           
      Section is from act Mar. 3, 1883, which contained an additional
    provision relating to pending homesteads, which was omitted because
    of its temporary nature.


-MISC1-
                                AMENDMENTS                            
      1920 - The exception clause was inserted at beginning of this
    section because of act Feb. 25, 1920, which provided that deposits
    of coal, phosphate, sodium, oil, oil shale, or gas, and lands
    containing such deposits owned by the United States, shall be
    subject to disposition in the form and manner provided by such act.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      General Land Office abolished and functions transferred to Bureau
    of Land Management by Reorg. Plan No. 3 of 1946, Sec. 403, eff.
    July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, and regulations
    thereunder. See note set out under section 1 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 172                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3 - LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC
                 MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
    SUBCHAPTER IX - DISPOSAL OF ALABAMA LANDS AS AGRICULTURAL LANDS

-HEAD-
    Sec. 172. Certain Alabama lands subject to homestead entry

-STATUTE-
      All lands designated as agricultural in the reclassification of
    the public lands of Alabama by the Secretary of the Interior under
    authority of Act March 27, 1906 (chapter 1347, section 1, Thirty-
    fourth Statutes, page 88), shall be subject to homestead entry as
    such.

-SOURCE-
    (Mar. 27, 1906, ch. 1347, Sec. 2, 34 Stat. 88.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act March 27, 1906 (chapter 1347, section 1, Thirty-fourth
    Statutes, page 88), referred to in text, is not classified to the
    Code.

-End-


-CITE-
    30 USC CHAPTER 3A - LEASES AND PROSPECTING PERMITS          01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS

-HEAD-
                CHAPTER 3A - LEASES AND PROSPECTING PERMITS            


-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    181.        Lands subject to disposition; persons entitled to
                 benefits; reciprocal privileges; helium rights
                 reserved.                                            
    182.        Lands disposed of with reservation of deposits of
                 coal, etc.                                           
    183.        Cancellation of prospecting permits.                  
    184.        Limitations on leases held, owned or controlled by
                 persons, associations or corporations.               
    184a.       Authorization of States to include in agreements for
                 conservation of oil and gas resources lands acquired
                 from United States.                                  
    185.        Rights-of-way for pipelines through Federal lands.    
    186.        Reservation of easements or rights-of-way for working
                 purposes; reservation of right to dispose of surface
                 of lands; determination before offering of lease;
                 easement periods.                                    
    187.        Assignment or subletting of leases; relinquishment of
                 rights under leases; conditions in leases for
                 protection of diverse interests in operation of
                 mines, wells, etc.; State laws not impaired.         
    187a.       Oil or gas leases; partial assignments.               
    187b.       Oil or gas leases; written relinquishment of rights;
                 release of obligations.                              
    188.        Failure to comply with provisions of lease.           
    188a.       Surrender of leases.                                  
    189.        Rules and regulations; boundary lines; State rights
                 unaffected; taxation.                                
    190.        Oath; requirement; form; blanks.                      
    191.        Disposition of moneys received.                       
    191a.       Late payment charges under Federal mineral leases.    
    191b.       Collection of unpaid and underpaid royalties and late
                 payment interest owed by lessees.                    
    192.        Payment of royalties in oil or gas; sale of such oil
                 or gas.                                              
    192a.       Cancellation or modification of contracts.            
    192b.       Application to contracts.                             
    192c.       Rules and regulations governing issuance of certain
                 leases; disposition of receipts.                     
    193.        Disposition of deposits of coal, and so forth.        
    193a.       Preference right of United States to purchase coal for
                 Army and Navy; price for coal; civil actions;
                 jurisdiction.                                        
    194.        Repealed.                                             
    195.        Enforcement.                                          
    196.        Cooperative agreements; delegation of authority.      

                           SUBCHAPTER II - COAL                       
    201.        Leases and exploration.                               
    201-1 to 201b. Repealed or Omitted.                               
    202.        Common carriers; limitations of lease or permit.      
    202a.       Consolidation of coal leases into logical mining unit.
    203.        Additional lands or deposits.                         
    204.        Repealed.                                             
    205.        Consolidation of leases.                              
    206.        Noncontiguous coal or phosphate tracts in single
                 lease.                                               
    207.        Conditions of lease.                                  
    208.        Permits to take coal for local domestic needs without
                 royalty payments; corporation exclusion; area to
                 municipalities for household use without profit.     
    208-1.      Exploratory program for evaluation of known
                 recoverable coal resources.                          
    208-2, 208a. Repealed.                                            
    209.        Suspension, waiver, or reduction of rents or royalties
                 to promote development or operation; extension of
                 lease on suspension of operations and production.    

                        SUBCHAPTER III - PHOSPHATES                    
    211.        Phosphate deposits.                                   
    212.        Surveys; royalties; time payable; annual rentals; term
                 of leases; readjustment on renewals; minimum
                 production; suspension of operation.                 
    213.        Royalties for use of deposits of silica, limestone, or
                 other rock embraced in lease.                        
    214.        Use of surface of other public lands; acreage; forest
                 lands exception.                                     

                        SUBCHAPTER IV - OIL AND GAS                    
    221 to 222i. Omitted.                                             
    223.        Leases; amount and survey of land; term of lease;
                 royalties and annual rental.                         
    223a.       Repealed.                                             
    224.        Payments for oil or gas taken prior to application for
                 lease.                                               
    225.        Condition of lease, forfeiture for violation.         
    226.        Lease of oil and gas lands.                           
    226-1.      Extension of noncompetitive oil or gas lease issued
                 before September 2, 1960.                            
    226-2.      Limitations for filing oil and gas contests.          
    226-3.      Lands not subject to oil and gas leasing.             
    226a, 226b. Repealed.                                             
    226c.       Reduction of royalties under existing leases.         
    226d to 227. Omitted.                                             
    228.        Prospecting permits and leases to persons of lands not
                 withdrawn; terms and conditions of; fraud of
                 claimants.                                           
    229.        Preference right to permits or leases of claimants of
                 lands bona fide entered as agricultural land; terms
                 and conditions.                                      
    229a.       Water struck while drilling for oil and gas.          
    230 to 233. Repealed.                                             
    233a.       Permits or leases of certain lands in Oklahoma;
                 retention of royalties.                              
    234 to 236. Repealed.                                             
    236a.       Lands in naval petroleum reserves and naval oil-shale
                 reserves; effect of other laws.                      
    236b.       Existing leases within naval petroleum reserves not
                 affected.                                            
    237.        Omitted.                                              

                         SUBCHAPTER V - OIL SHALE                     
    241.        Leases of lands.                                      
    242.        Oil shale claims.                                     

                    SUBCHAPTER VI - ALASKA OIL PROVISO                
    251.        Leases to claimants of withdrawn lands; terms and
                 conditions; acreage; annual rentals and royalties;
                 fraud of claimants.                                  

                          SUBCHAPTER VII - SODIUM                      
    261.        Prospecting permits; lands included; acreage.         
    262.        Leases to permittees; survey of lands; royalties and
                 annual rentals.                                      
    263.        Permits to use or lease of nonmineral lands for camp
                 sites, and other purposes; annual rentals; acreage.  

                         SUBCHAPTER VIII - SULPHUR                     
    271.        Prospecting permits; lands included; acreage.         
    272.        Leases to permittees; privileges extended to oil and
                 gas permittees.                                      
    273.        Lease of lands not covered by permits or leases;
                 acreage; rental.                                     
    274.        Lands containing coal or other minerals.              
    275.        Laws applicable.                                      
    276.        Application of subchapter to Louisiana and New Mexico
                 only.                                                

                          SUBCHAPTER IX - POTASH                      
    281.        Prospecting permits for chlorides, sulphates,
                 carbonates, borates, silicates, or nitrates of
                 potassium; authorization; acreage; lands affected.   
    282.        Leases to permittees of lands showing valuable
                 deposits; royalty.                                   
    283.        Lands containing valuable deposits not covered by
                 permits or leases; authority to lease; acreage;
                 conditions; renewals; exemptions from rentals and
                 royalties; suspension of operations.                 
    284.        Lands containing coal or other minerals in addition to
                 potassium deposits; issuance of prospecting permits
                 and leases; covenants in potassium leases.           
    285.        Laws applicable.                                      
    286.        Disposition of royalties and rents from potassium
                 leases.                                              
    287.        Extension of prospecting permits.                     

-End-


-CITE-
    30 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-



-CITE-
    30 USC Sec. 181                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 181. Lands subject to disposition; persons entitled to
      benefits; reciprocal privileges; helium rights reserved

-STATUTE-
      Deposits of coal, phosphate, sodium, potassium, oil, oil shale,
    gilsonite (including all vein-type solid hydrocarbons), or gas, and
    lands containing such deposits owned by the United States,
    including those in national forests, but excluding lands acquired
    under the Appalachian Forest Act, approved March 1, 1911 (36 Stat.
    961), and those in incorporated cities, towns, and villages and in
    national parks and monuments, those acquired under other Acts
    subsequent to February 25, 1920, and lands within the naval
    petroleum and oil-shale reserves, except as hereinafter provided,
    shall be subject to disposition in the form and manner provided by
    this chapter to citizens of the United States, or to associations
    of such citizens, or to any corporation organized under the laws of
    the United States, or of any State or Territory thereof, or in the
    case of coal, oil, oil shale, or gas, to municipalities. Citizens
    of another country, the laws, customs, or regulations of which deny
    similar or like privileges to citizens or corporations of this
    country, shall not by stock ownership, stock holding, or stock
    control, own any interest in any lease acquired under the
    provisions of this chapter.
      The term "oil" shall embrace all nongaseous hydrocarbon
    substances other than those substances leasable as coal, oil shale,
    or gilsonite (including all vein-type solid hydrocarbons).
      The term "combined hydrocarbon lease" shall refer to a lease
    issued in a special tar sand area pursuant to section 226 of this
    title after November 16, 1981.
      The term "special tar sand area" means (1) an area designated by
    the Secretary of the Interior's orders of November 20, 1980 (45 FR
    76800-76801) and January 21, 1981 (46 FR 6077-6078) as containing
    substantial deposits of tar sand.
      The United States reserves the ownership of and the right to
    extract helium from all gas produced from lands leased or otherwise
    granted under the provisions of this chapter, under such rules and
    regulations as shall be prescribed by the Secretary of the
    Interior: Provided further, That in the extraction of helium from
    gas produced from such lands it shall be so extracted as to cause
    no substantial delay in the delivery of gas produced from the well
    to the purchaser thereof.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 1, 41 Stat. 437; Feb. 7, 1927, ch. 66,
    Sec. 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, Sec. 1, 60 Stat. 950;
    Pub. L. 86-705, Sec. 7(a), Sept. 2, 1960, 74 Stat. 790; Pub. L. 97-
    78, Sec. 1(1), (4), Nov. 16, 1981, 95 Stat. 1070.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Appalachian Forest Act, referred to in the first undesignated
    paragraph, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended,
    also known as the Weeks Law, which is classified to sections 480,
    500, 513 to 519, 521, 552 and 563 of Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 552 of Title 16 and Tables.


-MISC1-
                                AMENDMENTS                            
      1981 - Pub. L. 97-78, in first par., substituted "gilsonite
    (including all vein-type solid hydrocarbons)," for "native asphalt,
    solid and semisolid bitumen, and bituminous rock (including oil-
    impregnated rock or sands from which oil is recoverable only by
    special treatment after the deposit is mined or quarried)", and
    added, after first par. three paragraphs which defined "oil",
    "combined hydrocarbon lease", and "special tar sand area",
    respectively.
      1960 - Pub. L. 86-705 included deposits of native asphalt, solid
    and semisolid bitumen, and bituminous rock.
      1946 - Act Aug. 8, 1946, reenacted: existing par., less three
    provisos, as first sentence of first par., inserting "potassium"
    after "sodium", which was also included in the 1927 amendment, and
    substituting provision for disposition of deposits "in incorporated
    cities, towns, and villages, and in national parks and monuments,
    those acquired under other Acts subsequent to February 25, 1920,
    and lands within the naval petroleum and oil-shale reserves" for
    such disposition "in national parks, and in lands withdrawn or
    reserved for military or naval uses or purposes" and phrase
    "associations of such citizens" for "any association of such
    persons"; former third proviso as second sentence of first par.;
    former first proviso, as second par., inserting reservation of
    ownership provision and striking out "permitted" before "leased or
    otherwise granted"; and former second proviso as proviso in second
    par.
      1927 - Act Feb. 7, 1927, included deposits of potassium.

                      SHORT TITLE OF 2000 AMENDMENTS                  
      Pub. L. 106-463, Sec. 1, Nov. 7, 2000, 114 Stat. 2010, provided
    that: "This Act [amending section 184 of this title and enacting
    provisions set out as a note under section 184 of this title] may
    be cited as the 'Coal Market Competition Act of 2000'."
      Pub. L. 106-393, title V, Sec. 501, Oct. 30, 2000, 114 Stat.
    1624, provided that: "This title [amending section 191 of this
    title and enacting provisions set out as a note under section 191
    of this title] may be cited as the 'Mineral Revenue Payments
    Clarification Act of 2000'."

                       SHORT TITLE OF 1987 AMENDMENT                   
      Pub. L. 100-203, title V, Sec. 5101(a), Dec. 22, 1987, 101 Stat.
    1330-256, provided that: "This subtitle [subtitle B (Secs. 5101-
    5113) of Pub. L. 100-203, enacting sections 195 and 226-3 of this
    title, amending sections 187a, 187b, 188, 191, and 226 of this
    title and section 3148 of Title 16, Conservation, and enacting
    provisions set out as notes under this section and section 226 of
    this title] may be cited as the 'Federal Onshore Oil and Gas
    Leasing Reform Act of 1987'."

                       SHORT TITLE OF 1981 AMENDMENT                   
      Pub. L. 97-78, Nov. 16, 1981, 95 Stat. 1070, which amended this
    section and sections 182, 184, 209, 226, 241, 351, and 352 of this
    title and enacted provisions set out as a note under this section,
    is popularly known as the "Combined Hydrocarbon Leasing Act of
    1981".

                       SHORT TITLE OF 1976 AMENDMENT                   
      Pub. L. 94-377, Sec. 1(a), Aug. 4, 1976, 90 Stat. 1083, as
    amended by Pub. L. 95-554, Sec. 8, Oct. 30, 1978, 92 Stat. 2075,
    provided that: "This Act [enacting sections 202a, 208-1, and 208-2
    of this title, amending sections 184, 191, 201, 203, 207, 209, and
    352 of this title, repealing sections 201-1 and 204 of this title,
    and enacting provisions set out as notes under sections 184, 201,
    201-1, 203, and 204 of this title] may be cited as the 'Federal
    Coal Leasing Amendments Act of 1976'."

                       SHORT TITLE OF 1960 AMENDMENT                   
      Section 1 of Pub. L. 86-705 provided: "That this Act [amending
    this section and sections 182, 184, 187a, 226, 226-1, 226-2, and
    241 of this title, and enacted provisions set out as notes under
    sections 187a and 226 of this title] may be cited as the 'Mineral
    Leasing Act Revision of 1960'."

                                SHORT TITLE                            
      Act Feb. 25, 1920, ch. 85, Sec. 44, as added Dec. 22, 1987, Pub.
    L. 100-203, title V, Sec. 5113, 101 Stat. 1330-263, provided that:
    "This Act [enacting this chapter] may be cited as the 'Mineral
    Leasing Act'."
      This chapter is also popularly known as the "Mineral Leasing Act
    of 1920" and the "Mineral Lands Leasing Act".

                             SAVINGS PROVISION                         
      Provisions of Federal Land Policy and Management Act of 1976,
    Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, not to be construed
    as permitting any person to place, or allow to be placed, spent oil
    shale, etc., on any Federal land other than land leased for the
    recovery of shale oil under the act of Feb. 25, 1920, section 181
    et seq. of this title, see section 701(d) of Pub. L. 94-579, set
    out as a note under section 1701 of Title 43, Public Lands.
      Section 15 of act Aug. 8, 1946, provided: "No repeal or amendment
    made by this Act [enacting sections 187a, 187b, 226c-226e, and
    236b, amending this section and sections 184, 188, 193, 209, 225,
    226, and 285, and repealing sections 223a, 226a, and 226b of this
    title] shall affect any right acquired under the law as it existed
    prior to such repeal or amendment, and such right shall be governed
    by the law in effect at the time of its acquisition; but any person
    holding a lease on the effective date of this Act [Aug. 8, 1946]
    may, by filing a statement to that effect, elect to have his lease
    governed by the applicable provisions of this Act instead of by the
    law in effect prior thereto."

             CONSTRUCTION AND APPLICABILITY OF 1981 AMENDMENTS         
      Section 1(10), (11) of Pub. L. 97-78 provided that:
      "(10) Nothing in this Act [see Short Title of 1981 Amendment note
    above] shall affect the taxable status of production from tar sand
    under the Crude Oil Windfall Profit Tax Act of 1980 (Public Law 96-
    223) [see Tables for classification], reduce the depletion
    allowance for production from tar sand, or otherwise affect the
    existing tax status applicable to such production.
      "(11) No provision of this Act [see Short Title of 1981 Amendment
    note above] shall apply to national parks, national monuments, or
    other lands where mineral leasing is prohibited by law. The
    Secretary of the Interior shall apply the provisions of this Act to
    the Glen Canyon National Recreation Area, and to any other units of
    the national park system where mineral leasing is permitted, in
    accordance with any applicable minerals management plan if the
    Secretary finds that there will be no resulting significant adverse
    impacts on the administration of such area, or on other contiguous
    units of the national park system."

             ADMISSION OF ALASKA AS STATE: SELECTION OF LANDS         
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.
      Selection of lands by Alaska from lands made available by
    Statehood provisions including lands subject to leases, permits,
    licenses or contracts issued under this chapter, see section 6(h)
    of Pub. L. 85-508, set out as note preceding section 21 of Title
    48.

                  OUTER CONTINENTAL SHELF; MINERAL LEASES              
      Grant by the Secretary of the Interior of mineral leases on
    submerged lands of outer Continental Shelf, see section 1331 et
    seq., of Title 43, Public Lands.

-End-



-CITE-
    30 USC Sec. 182                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 182. Lands disposed of with reservation of deposits of coal,
      etc.

-STATUTE-
      The provisions of this chapter shall also apply to all deposits
    of coal, phosphate, sodium, oil, oil shale, gilsonite (including
    all vein-type solid hydrocarbons), or gas in the lands of the
    United States, which lands may have been or may be disposed of
    under laws reserving to the United States such deposits, with the
    right to prospect for, mine, and remove the same, subject to such
    conditions as are or may hereafter be provided by such laws
    reserving such deposits.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 34, 41 Stat. 450; Pub. L. 86-705, Sec.
    7(a), Sept. 2, 1960, 74 Stat. 790; Pub. L. 97-78, Sec. 1(1), Nov.
    16, 1981, 95 Stat. 1070.)


-MISC1-
                                AMENDMENTS                            
      1981 - Pub. L. 97-78 substituted "gilsonite (including all vein-
    type solid hydrocarbons)," for "native asphalt, solid and
    semisolid bitumen, and bituminous rock (including oil-impregnated
    rock or sands from which oil is recoverable only by special
    treatment after the deposit is mined or quarried)".
      1960 - Pub. L. 86-705 included native asphalt, solid and
    semisolid bitumen, and bituminous rock.

-End-



-CITE-
    30 USC Sec. 183                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 183. Cancellation of prospecting permits

-STATUTE-
      The Secretary of the Interior shall reserve and may exercise the
    authority to cancel any prospecting permit upon failure by the
    permittee to exercise due diligence in the prosecution of the
    prospecting work in accordance with the terms and conditions stated
    in the permit, and shall insert in every such permit issued under
    the provisions of this chapter appropriate provisions for its
    cancellation by him.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 26, 41 Stat. 448.)

-End-



-CITE-
    30 USC Sec. 184                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 184. Limitations on leases held, owned or controlled by
      persons, associations or corporations

-STATUTE-
    (a) Coal leases
      No person, association, or corporation, or any subsidiary,
    affiliate, or persons controlled by or under common control with
    such person, association, or corporation shall take, hold, own or
    control at one time, whether acquired directly from the Secretary
    under this chapter or otherwise, coal leases or permits on an
    aggregate of more than 75,000 acres in any one State and in no case
    greater than an aggregate of 150,000 acres in the United States:
    Provided, That any person, association, or corporation currently
    holding, owning, or controlling more than an aggregate of 150,000
    acres in the United States on the date of enactment of this section
    shall not be required on account of this section to relinquish said
    leases or permits: Provided, further, That in no case shall such
    person, association, or corporation be permitted to take, hold,
    own, or control any further Federal coal leases or permits until
    such time as their holdings, ownership, or control of Federal
    leases or permits has been reduced below an aggregate of 150,000
    acres within the United States.
    (b) Sodium leases or permits, acreage
      (1) No person, association, or corporation, except as otherwise
    provided in this subsection, shall take, hold, own, or control at
    one time, whether acquired directly from the Secretary under this
    chapter, or otherwise, sodium leases or permits on an aggregate of
    more than five thousand one hundred and twenty acres in any one
    State.
      (2) The Secretary may, in his discretion, where the same is
    necessary in order to secure the economic mining of sodium
    compounds leasable under this chapter, permit a person,
    association, or corporation to take or hold sodium leases or
    permits on up to 30,720 acres in any one State.
    (c) Phosphate leases, acreage
      No person, association, or corporation shall take, hold, own, or
    control at one time, whether acquired directly from the Secretary
    under this chapter, or otherwise, phosphate leases or permits on an
    aggregate of more than twenty thousand four hundred and eighty
    acres in the United States.
    (d) Oil or gas leases, acreage, Alaska; options, semi-annual
      statements
      (1) No person, association, or corporation, except as otherwise
    provided in this chapter, shall take, hold, own or control at one
    time, whether acquired directly from the Secretary under this
    chapter, or otherwise, oil or gas leases (including options for
    such leases or interests therein) on land held under the provisions
    of this chapter exceeding in the aggregate two hundred forty-six
    thousand and eighty acres in any one State other than Alaska (!1)
    Provided, however, That acreage held in special tar sand areas, and
    acreage under any lease any portion of which has been committed to
    a federally approved unit or cooperative plan or communitization
    agreement or for which royalty (including compensatory royalty or
    royalty in-kind) was paid in the preceding calendar year, shall not
    be chargeable against such State limitations. In the case of the
    State of Alaska, the limit shall be three hundred thousand acres in
    the northern leasing district and three hundred thousand acres in
    the southern leasing district, and the boundary between said two
    districts shall be the left limit of the Tanana River from the
    border between the United States and Canada to the confluence of
    the Tanana and Yukon Rivers, and the left limit of the Yukon River
    from said confluence to its principal southern mouth.

      (2) No person, association, or corporation shall take, hold, own,
    or control at one time options to acquire interests in oil or gas
    leases under the provisions of this chapter which involve, in the
    aggregate, more than two hundred thousand acres of land in any one
    State other than Alaska, or, in the case of Alaska, more than two
    hundred thousand acres in each of its two leasing districts, as
    hereinbefore described. No option to acquire any interest in such
    an oil or gas lease shall be enforcible if entered into for a
    period of more than three years (which three years shall be
    inclusive of any renewal period if a right to renew is reserved by
    any party to the option) without the prior approval of the
    Secretary. In any case in which an option to acquire the optionor's
    entire interest in the whole or a part of the acreage under a lease
    is entered into, the acreage to which the option is applicable
    shall be charged both to the optionor and to the optionee, but the
    charge to the optionor shall cease when the option is exercised. In
    any case in which an option to acquire a part of the optionor's
    interest in the whole or a part of the acreage under a lease is
    entered into, the acreage to which the option is applicable shall
    be fully charged to the optionor and a share thereof shall also be
    charged to the optionee, as his interest may appear, but after the
    option is exercised said acreage shall be charged to the parties
    pro rata as their interests may appear. In any case in which an
    assignment is made of a part of a lessee's interest in the whole or
    part of the acreage under a lease or an application for a lease,
    the acreage shall be charged to the parties pro rata as their
    interests may appear. No option or renewal thereof shall be
    enforcible until notice thereof has been filed with the Secretary
    or an officer or employee of the Department of the Interior
    designated by him to receive the same. Each such notice shall
    include, in addition to any other matters prescribed by the
    Secretary, the names and addresses of the parties thereto, the
    serial number of the lease or application for a lease to which the
    option is applicable, and a statement of the number of acres
    covered thereby and of the interests and obligations of the parties
    thereto and shall be subscribed by all parties to the option or
    their duly authorized agents. An option which has not been
    exercised shall remain charged as hereinbefore provided until
    notice of its relinquishment or surrender has been filed, by either
    party, with the Secretary or any officer or employee of the
    Department of the Interior designated by him to receive the same.
    In addition, each holder of any such option shall file with the
    Secretary or an officer or employee of the Department of the
    Interior as aforesaid within ninety days after the 30th day of June
    and the 31st day of December in each year a statement showing, in
    addition to any other matters prescribed by the Secretary, his
    name, the name and address of each grantor of an option held by
    him, the serial number of every lease or application for a lease to
    which such an option is applicable, the number of acres covered by
    each such option, the total acreage in each State to which such
    options are applicable, and his interest and obligation under each
    such option. The failure of the holder of an option so to file
    shall render the option unenforcible (!2) by him. The
    unenforcibility (!3) of any option under the provisions of this
    paragraph shall not diminish the number of acres deemed to be held
    under option by any person, association, or corporation in
    computing the amount chargeable under the first sentence of this
    paragraph and shall not relieve any party thereto of any liability
    to cancellation, forfeiture, forced disposition, or other sanction
    provided by law. The Secretary may prescribe forms on which the
    notice and statements required by this paragraph shall be made.


    (e) Association or stockholder interests, conditions; combined
      interests
      (1) No person, association, or corporation shall take, hold, own
    or control at one time any interest as a member of an association
    or as a stockholder in a corporation holding a lease, option, or
    permit under the provisions of this chapter which, together with
    the area embraced in any direct holding, ownership or control by
    him of such a lease, option, or permit or any other interest which
    he may have as a member of other associations or as a stockholder
    in other corporations holding, owning or controlling such leases,
    options, or permits for any kind of minerals, exceeds in the
    aggregate an amount equivalent to the maximum number of acres of
    the respective kinds of minerals allowed to any one lessee,
    optionee, or permittee under this chapter, except that no person
    shall be charged with his pro rata share of any acreage holdings of
    any association or corporation unless he is the beneficial owner of
    more than 10 per centum of the stock or other instruments of
    ownership or control of such association or corporation, and except
    that within three years after September 2, 1960 no valid option in
    existence prior to September 2, 1960 held by a corporation or
    association on September 2, 1960 shall be chargeable to any
    stockholder of such corporation or to a member of such association
    so long as said option shall be so held by such corporation or
    association under the provisions of this chapter.
      (2) No contract for development and operation of any lands leased
    under this chapter, whether or not coupled with an interest in such
    lease, and no lease held, owned, or controlled in common by two or
    more persons, associations, or corporations shall be deemed to
    create a separate association under the preceding paragraph of this
    subsection between or among the contracting parties or those who
    hold, own or control the lease in common, but the proportionate
    interest of each such party shall be charged against the total
    acreage permitted to be held, owned or controlled by such party
    under this chapter. The total acreage so held, owned, or controlled
    in common by two or more parties shall not exceed, in the
    aggregate, an amount equivalent to the maximum number of acres of
    the respective kinds of minerals allowed to any one lessee,
    optionee, or permittee under this chapter.
    (f) Limitations on other sections; combined interests permitted for
      certain purposes
      Nothing contained in subsection (e) of this section shall be
    construed (i) to limit sections 227, 228, 251 of this title or
    (ii), subject to the approval of the Secretary, to prevent any
    number of lessees under this chapter from combining their several
    interests so far as may be necessary for the purpose of
    constructing and carrying on the business of a refinery or of
    establishing and constructing, as a common carrier, a pipeline or
    railroad to be operated and used by them jointly in the
    transportation of oil from their several wells or from the wells of
    other lessees under this chapter or in the transportation of coal
    or (iii) to increase the acreage which may be taken, held, owned,
    or controlled under this section.
    (g) Forbidden interests acquired by descent, will, judgment, or
      decree; permissible holding period
      Any ownership or interest otherwise forbidden in this chapter
    which may be acquired by descent, will, judgment, or decree may be
    held for two years after its acquisition and no longer.
    (h) Cancellation, forfeiture, or disposal of interests for
      violation; bona fide purchasers and other valid interests; sale
      by Secretary; record of proceedings
      (1) If any interest in any lease is owned, or controlled,
    directly or indirectly, by means of stock or otherwise, in
    violation of any of the provisions of this chapter, the lease may
    be canceled, or the interest so owned may be forfeited, or the
    person so owning or controlling the interest may be compelled to
    dispose of the interest, in any appropriate proceeding instituted
    by the Attorney General. Such a proceeding shall be instituted in
    the United States district court for the district in which the
    leased property or some part thereof is located or in which the
    defendant may be found.
      (2) The right to cancel or forfeit for violation of any of the
    provisions of this chapter shall not apply so as to affect
    adversely the title or interest of a bona fide purchaser of any
    lease, interest in a lease, option to acquire a lease or an
    interest therein, or permit which lease, interest, option, or
    permit was acquired and is held by a qualified person, association,
    or corporation in conformity with those provisions, even though the
    holdings of the person, association, or corporation from which the
    lease, interest, option, or permit was acquired, or of his
    predecessor in title (including the original lessee of the United
    States) may have been canceled or forfeited or may be or may have
    been subject to cancellation or forfeiture for any such violation.
    If, in any such proceeding, an underlying lease, interest, option,
    or permit is canceled or forfeited to the Government and there are
    valid interests therein or valid options to acquire the lease or an
    interest therein which are not subject to cancellation, forfeiture,
    or compulsory disposition, the underlying lease, interest, option,
    or permit shall be sold by the Secretary to the highest responsible
    qualified bidder by competitive bidding under general regulations
    subject to all outstanding valid interests therein and valid
    options pertaining thereto. Likewise if, in any such proceeding,
    less than the whole interest in a lease, interest, option, or
    permit is canceled or forfeited to the Government, the partial
    interests so canceled or forfeited shall be sold by the Secretary
    to the highest responsible qualified bidder by competitive bidding
    under general regulations. If competitive bidding fails to produce
    a satisfactory offer the Secretary may, in either of these cases,
    sell the interest in question by such other method as he deems
    appropriate on terms not less favorable to the Government than
    those of the best competitive bid received.
      (3) The commencement and conclusion of every proceeding under
    this subsection shall be promptly noted on the appropriate public
    records of the Bureau of Land Management.
    (i) Bona fide purchasers, conditions for obtaining dismissals
      Effective September 21, 1959, any person, association, or
    corporation who is a party to any proceeding with respect to a
    violation of any provision of this chapter, whether initiated prior
    to said date or thereafter, shall have the right to be dismissed
    promptly as such a party upon showing that he holds and acquired as
    a bona fide purchaser the interest involving him as such a party
    without violating any provisions of this chapter. No hearing upon
    any such showing shall be required unless the Secretary presents
    prima facie evidence indicating a possible violation of this
    chapter on the part of the alleged bona fide purchaser.
    (j) Waiver or suspension of rights
      If during any such proceeding, a party thereto files with the
    Secretary a waiver of his rights under his lease (including
    particularly, where applicable, rights to drill and to assign) or
    if such rights are suspended by the Secretary pending a decision in
    the proceeding, whether initiated prior to enactment of this
    chapter or thereafter, payment of rentals and running of time
    against the term of the lease or leases involved shall be suspended
    as of the first day of the month following the filing of the waiver
    or suspension of the rights until the first day of the month
    following the final decision in the proceeding or the revocation of
    the waiver or suspension.
    (k) Unlawful trusts; forfeiture
      Except as otherwise provided in this chapter, if any lands or
    deposits subject to the provisions of this chapter shall be
    subleased, trusteed, possessed, or controlled by any device
    permanently, temporarily, directly, indirectly, tacitly, or in any
    manner whatsoever, so that they form a part of or are in any wise
    controlled by any combination in the form of an unlawful trust,
    with the consent of the lessee, optionee, or permittee, or form the
    subject of any contract or conspiracy in restraint of trade in the
    mining or selling of coal, phosphate, oil, oil shale, gilsonite
    (including all vein-type solid hydrocarbons), gas, or sodium
    entered into by the lessee, optionee, or permittee or any agreement
    or understanding, written, verbal, or otherwise, to which such
    lessee, optionee, or permittee shall be a party, of which his or
    its output is to be or become the subject, to control the price or
    prices thereof or of any holding of such lands by any individual,
    partnership, association, corporation, or control in excess of the
    amounts of lands provided in this chapter, the lease, option, or
    permit shall be forfeited by appropriate court proceedings.
    (l) Rules and regulations; notice to and consultation with Attorney
      General; application of antitrust laws; definitions
      (1) At each stage in the formulation and promulgation of rules
    and regulations concerning coal leasing pursuant to this chapter,
    and at each stage in the issuance, renewal, and readjustment of
    coal leases under this chapter, the Secretary of the Interior shall
    consult with and give due consideration to the views and advice of
    the Attorney General of the United States.
      (2) No coal lease may be issued, renewed, or readjusted under
    this chapter until at least thirty days after the Secretary of the
    Interior notifies the Attorney General of the proposed issuance,
    renewal, or readjustment. Such notification shall contain such
    information as the Attorney General may require in order to advise
    the Secretary of the Interior as to whether such lease would create
    or maintain a situation inconsistent with the antitrust laws. If
    the Attorney General advises the Secretary of the Interior that a
    lease would create or maintain such a situation, the Secretary of
    the Interior may not issue such lease, nor may he renew or readjust
    such lease for a period not to exceed one year, as the case may be,
    unless he thereafter conducts a public hearing on the record in
    accordance with subchapter II of chapter 5 of title 5 and finds
    therein that such issuance, renewal, or readjustment is necessary
    to effectuate the purposes of this chapter, that it is consistent
    with the public interest, and that there are no reasonable
    alternatives consistent with this chapter, the antitrust laws, and
    the public interest.
      (3) Nothing in this chapter shall be deemed to convey to any
    person, association, corporation, or other business organization
    immunity from civil or criminal liability, or to create defenses to
    actions, under any antitrust law.
      (4) As used in this subsection, the term "antitrust law" means - 
        (A) the Act entitled "An Act to protect trade and commerce
      against unlawful restraints and monopolies", approved July 2,
      1890 (15 U.S.C. 1 et seq.), as amended;
        (B) the Act entitled "An Act to supplement existing laws
      against unlawful restraints and monopolies, and for other
      purposes", approved October 15, 1914 (15 U.S.C. 12 et seq.), as
      amended;
        (C) the Federal Trade Commission Act (15 U.S.C. 41 et seq.), as
      amended;
        (D) sections 73 and 74 of the Act entitled "An Act to reduce
      taxation, to provide revenue for the Government, and for other
      purposes", approved August 27, 1894 (15 U.S.C. 8 and 9), as
      amended; or
        (E) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a,
      13b, and 21a).

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 27, 41 Stat. 448; Apr. 30, 1926, ch.
    197, 44 Stat. 373; July 3, 1930, ch. 854, Sec. 1, 46 Stat. 1007;
    Mar. 4, 1931, ch. 506, 46 Stat. 1524; Aug. 8, 1946, ch. 916, Sec.
    6, 60 Stat. 954; June 1, 1948, ch. 365, 62 Stat. 285; June 3, 1948,
    ch. 379, Sec. 6, 62 Stat. 291; Aug. 2, 1954, ch. 650, 68 Stat. 648;
    Pub. L. 85-122, Aug. 13, 1957, 71 Stat. 341; Pub. L. 85-698, Aug.
    21, 1958, 72 Stat. 688; Pub. L. 86-294, Sec. 1, Sept. 21, 1959, 73
    Stat. 571; Pub. L. 86-391, Sec. 1(c), Mar. 18, 1960, 74 Stat. 8;
    Pub. L. 86-705, Sec. 3, Sept. 2, 1960, 74 Stat. 785; Pub. L. 88-
    526, Sec. 1, Aug. 31, 1964, 78 Stat. 710; Pub. L. 88-548, Aug. 31,
    1964, 78 Stat. 754; Pub. L. 94-377, Secs. 11, 15, Aug. 4, 1976, 90
    Stat. 1090, 1091; Pub. L. 97-78, Sec. 1(2), (5), Nov. 16, 1981, 95
    Stat. 1070; Pub. L. 106-191, Sec. 2, Apr. 28, 2000, 114 Stat. 232;
    Pub. L. 106-463, Sec. 3, Nov. 7, 2000, 114 Stat. 2011; Pub. L. 109-
    58, title III, Sec. 352, Aug. 8, 2005, 119 Stat. 714.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this section, referred to in subsec.
    (a), probably means the date of enactment of Pub. L. 94-377, which
    was Aug. 4, 1976.
      The Act entitled "An Act to protect trade and commerce against
    unlawful restraints and monopolies", approved July 2, 1890, as
    amended, referred to in subsec. (l)(4)(A), is act July 2, 1890, ch.
    647, 26 Stat. 209, as amended, known as the Sherman Act, which is
    classified to sections 1 to 7 of Title 15, Commerce and Trade. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1 of Title 15 and Tables.
      The Act entitled "An Act to supplement existing laws against
    unlawful restraints and monopolies, and for other purposes",
    approved October 15, 1914, as amended, referred to in subsec.
    (l)(4)(B), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended,
    known as the Clayton Act, and is classified generally to sections
    12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and
    53 of Title 29, Labor. For further details and complete
    classification of this Act to the Code, see References in Text note
    set out under section 12 of Title 15 and Tables.
      The Federal Trade Commission Act, referred to in subsec.
    (l)(4)(C), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as
    amended, which is classified generally to subchapter I (Sec. 41 et
    seq.) of chapter 2 of Title 15. For complete classification of this
    Act to the Code, see section 58 of Title 15 and Tables.
      Act of June 19, 1936, chapter 592, referred to in subsec.
    (l)(4)(E), is act June 19, 1936, ch. 592, 49 Stat. 1526, known as
    the Robinson-Patman Antidiscrimination Act and also as the Robinson-
    Patman Price Discrimination Act, which enacted sections 13a, 13b,
    and 21a of Title 15, Commerce and Trade, and amended section 13 of
    Title 15. For complete classification of this Act to the Code, see
    Short Title note set out under section 13 of Title 15 and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (l)(2), "subchapter II of chapter 5 of title 5"
    substituted for "the Administrative Procedure Act" on authority of
    Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
    section of which enacted Title 5, Government Organization and
    Employees.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (d)(1). Pub. L. 109-58 inserted ", and acreage
    under any lease any portion of which has been committed to a
    federally approved unit or cooperative plan or communitization
    agreement or for which royalty (including compensatory royalty or
    royalty in-kind) was paid in the preceding calendar year," after
    "acreage held in special tar sand areas".
      2000 - Subsec. (a). Pub. L. 106-463 inserted heading, struck out
    "(1)" before "No person", substituted "75,000 acres" for "forty-six
    thousand and eighty acres", and substituted "150,000 acres" for
    "one hundred thousand acres" wherever appearing.
      Subsec. (b)(2). Pub. L. 106-191 substituted "30,720 acres" for
    "fifteen thousand three hundred and sixty acres".
      1981 - Subsec. (d)(1). Pub. L. 97-78, Sec. 1(5), inserted proviso
    that acreage held in special tar sand areas not be chargeable
    against State limitations.
      Subsec. (k). Pub. L. 97-78, Sec. 1(2), substituted "gilsonite
    (including all vein-type solid hydrocarbons)" for "native asphalt,
    solid and semisolid bitumen, bituminous rock".
      1976 - Subsec. (a)(1). Pub. L. 94-377, Sec. 11(a), inserted "or
    any subsidiary, affiliate, or persons controlled by or under common
    control with such person, association, or corporation" before
    "shall take, hold, own or control", "and in no case greater than an
    aggregate of one hundred thousand acres in the United States" after
    "in any one State," proviso relating to non-relinquishment of
    leases or permits by an entity owning or controlling more than an
    aggregate of one hundred thousand acres, and proviso prohibiting
    ownership or control of further Federal leases or permits until
    reduction to below an aggregate of one hundred thousand acres.
      Subsec. (a)(2). Pub. L. 94-377, Sec. 11(b), struck out par. (2)
    providing for application, hearing and granting of additional
    acreage, not to exceed 5120 acres in any one State, to a person,
    association or corporation requiring such extra acreage to carry on
    business economically, and the subsequent reevaluation of such
    entity's continuing need for such extra acreage.
      Subsec. (l). Pub. L. 94-377, Sec. 15, added subsec. (l).
      1964 - Subsec. (a)(1). Pub. L. 88-526 struck out ", except as
    otherwise provided in this subsection," after "corporation" and
    increased aggregate number of acres from 10,240 to 46,080 acres.
      Subsec. (c). Pub. L. 88-548 increased aggregate number of acres
    from 10,240 to 20,480 acres.
      1960 - Pub. L. 86-705 generally revised provisions and divided
    them into subsecs. (a) to (k). Other changes concerned: maximum
    acreage in Alaska, unreported options, their unenforceability, form
    for notice of options, party to give notice, inclusion of options
    in acreage determinations, charge of association or corporate
    holdings against principal stockholders, hearings requirement based
    upon prima facie evidence of violations, running of time against a
    lease and the payment of rentals during a waiver or suspension of a
    lessee's rights.
      Pub. L. 86-391 authorized issuance of phosphate permits.
      1959 - Pub. L. 86-294 inserted provision that the right of
    cancellation or forfeiture for violations shall not apply so as to
    affect adversely the interest of a bona fide purchaser in a lease
    acquired in conformity with acreage limitations; that bona fide
    purchasers in such situations have the right to be dismissed as
    parties from proceedings; and that if a party to proceedings files
    waiver of rights to drill or assigns his interests, or if such
    rights are suspended pending decision, he shall, if he is not in
    violation of provisions, have the right to have his interest
    extended for a period of time equal to the period between filing of
    waiver or order of suspension and final decision, without payment
    of rental.
      1958 - Pub. L. 85-698 increased limitation on acreage which may
    be taken or held under coal leases or permits in any one State from
    5,120 to 10,240 acres, permitted applications for additional coal
    leases or permits not exceeding 5,120 additional acres in the
    State, provided for hearings on such applications, authorized
    reevaluation and cancellation of leases and permits for additional
    acreage, and prohibited assignment, transfer, or sale of any of the
    additional acreage without the Secretary's approval.
      1957 - Pub. L. 85-122 struck out "or permits exceeding in the
    aggregate five thousand one hundred and twenty acres in any one
    State, and" after "phosphate leases" in second sentence.
      1954 - Act Aug. 2, 1954, increased acreage that any one person
    can hold in the aggregate from fifteen thousand three hundred and
    sixty acres to forty-six thousand and eighty acres, increased
    number of acres that can be held under option from one hundred
    thousand acres to two hundred thousand acres, and extended terms of
    the option from 2 to 3 years.
      1948 - Act June 1, 1948, substituted in second proviso "within
    two years after the passage of this Act" for "on or before August
    8, 1950" in order to allow options to be exercised up to that time.
      Act June 3, 1948, increased aggregate acreage allowed one person,
    etc., from two thousand five hundred and sixty acres to five
    thousand one hundred and twenty acres of coal or sodium leases, and
    increased the aggregate acreage allowed one person, etc., from
    seven thousand six hundred and eighty acres to fifteen thousand
    three hundred and sixty acres of oil or gas leases.
      1946 - Act Aug. 8, 1946, principally doubled amount of land that
    may be leased by any person or corporation in any one State and
    abolished former acreage limitation of 2,560 acres on one
    structure; excluded operating contracts and leases held in common
    from definition of "association"; inserted provisions relating to
    options; and omitted provisions relating to cooperative or unit
    plans and operating, drilling or development contracts.
      1931 - Act Mar. 4, 1931, amended section generally.
      1930 - Act July 3, 1930, amended section generally.
      1926 - Act Apr. 30, 1926, amended section generally.

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Section 2 of Pub. L. 86-294 provided that: "The rights granted by
    the second and third sentences of the amendment contained within
    section 1 of this Act [amending this section to provide that holder
    of interest in lease has right to be dismissed from cancellation or
    forfeiture proceedings upon showing he acquired his interest as
    bona fide purchaser and without violation of provisions, and to
    provide right to have his lease extended if rights thereunder to
    drill and to assign are suspended or waived during such proceedings
    and it is determined he is not in violation of provisions] shall
    apply with respect to any proceeding now pending or initiated after
    the date of enactment of this Act [Sept. 21, 1959]."

                             SAVINGS PROVISION                         
      See note set out under section 181 of this title.
      Section 11(b) of Pub. L. 94-377 provided in part that repeal by
    such section of subsec. (a)(2) of this section is subject to valid
    existing rights.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior, referred to in subsec.
    (l), to promulgate regulations under this chapter relating to the
    fostering of competition for Federal leases, the implementation of
    alternative bidding systems authorized for the award of Federal
    leases, the establishment of diligence requirements for operations
    conducted on Federal leases, the setting of rates for production of
    Federal leases, and the specifying of the procedures, terms, and
    conditions for the acquisition and disposition of Federal royalty
    interests taken in kind, transferred to Secretary of Energy by
    section 7152(b) of Title 42, The Public Health and Welfare. Section
    7152(b) of Title 42 was repealed by Pub. L. 97-100, title II, Sec.
    201, Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of
    Energy returned to Secretary of the Interior. See House Report No.
    97-315, pp. 25, 26, Nov. 5, 1981.


-MISC2-
                                 FINDINGS                             
      Pub. L. 106-463, Sec. 2, Nov. 7, 2000, 114 Stat. 2010, provided
    that: "Congress finds that - 
        "(1) Federal land contains commercial deposits of coal, the
      Nation's largest deposits of coal being located on Federal land
      in Utah, Colorado, Montana, and the Powder River Basin of
      Wyoming;
        "(2) coal is mined on Federal land through Federal coal leases
      under the Act of February 25, 1920 (commonly known as the
      'Mineral Leasing Act') (30 U.S.C. 181 et seq.);
        "(3) the sub-bituminous coal from these mines is low in sulfur,
      making it the cleanest burning coal for energy production;
        "(4) the Mineral Leasing Act sets for each leasable mineral a
      limitation on the amount of acreage of Federal leases any 1
      producer may hold in any 1 State or nationally;
        "(5)(A) the present acreage limitation for Federal coal leases
      has been in place since 1976;
        "(B) currently the coal lease acreage limit of 46,080 acres per
      State is less than the per-State Federal lease acreage limit for
      potash (96,000 acres) and oil and gas (246,080 acres);
        "(6) coal producers in Wyoming and Utah are operating mines on
      Federal leaseholds that contain total acreage close to the coal
      lease acreage ceiling;
        "(7) the same reasons that Congress cited in enacting increases
      for State lease acreage caps applicable in the case of other
      minerals - the advent of modern mine technology, changes in
      industry economics, greater global competition, and the need to
      conserve Federal resources - apply to coal;
        "(8) existing coal mines require additional lease acreage to
      avoid premature closure, but those mines cannot relinquish mined-
      out areas to lease new acreage because those areas are subject
      to 10-year reclamation plans, and the reclaimed acreage is
      counted against the State and national acreage limits;
        "(9) to enable them to make long-term business decisions
      affecting the type and amount of additional infrastructure
      investments, coal producers need certainty that sufficient
      acreage of leasable coal will be available for mining in the
      future; and
        "(10) to maintain the vitality of the domestic coal industry
      and ensure the continued flow of valuable revenues to the Federal
      and State governments and of energy to the American public from
      coal production on Federal land, the Mineral Leasing Act should
      be amended to increase the acreage limitation for Federal coal
      leases."
      Pub. L. 106-191, Sec. 1, Apr. 28, 2000, 114 Stat. 231, provided
    that: "The Congress finds and declares that - 
        "(1) The Federal lands contain commercial deposits of trona,
      with the world's largest body of this mineral located on such
      lands in southwestern Wyoming.
        "(2) Trona is mined on Federal lands through Federal sodium
      leases issued under the Mineral Leasing Act of 1920 [30 U.S.C.
      181 et seq.].
        "(3) The primary product of trona mining is soda ash (sodium
      carbonate), a basic industrial chemical that is used for glass
      making and a variety of consumer products, including baking soda,
      detergents, and pharmaceuticals.
        "(4) The Mineral Leasing Act [30 U.S.C. 181 et seq.] sets for
      each leasable mineral limitations on the amount of acreage of
      Federal leases any one producer may hold in any one State or
      nationally.
        "(5) The present acreage limitation for Federal sodium (trona)
      leases has been in place for over five decades, since 1948, and
      is the oldest acreage limitation in the Mineral Leasing Act. Over
      this time frame Congress and/or the BLM has revised acreage
      limits for other minerals to meet the needs of the respective
      industries. Currently, the sodium lease acreage limitation of
      15,360 acres per State is approximately one-third of the per
      State Federal lease acreage cap for coal (46,080 acres) and
      potassium (51,200 acres) and one-sixteenth that of oil and gas
      (246,080 acres).
        "(6) Three of the four trona producers in Wyoming are operating
      mines on Federal leaseholds that contain total acreage close to
      the sodium lease acreage ceiling.
        "(7) The same reasons that Congress cited in enacting increases
      in other minerals' per State lease acreage caps apply to trona:
      the advent of modern mine technology, changes in industry
      economics, greater global competition, and need to conserve the
      Federal resource.
        "(8) Existing trona mines require additional lease acreage to
      avoid premature closure, and are unable to relinquish mined-out
      areas to lease new acreage because those areas continue to be
      used for mine access, ventilation, and tailings disposal and may
      provide future opportunities for secondary recovery by solution
      mining.
        "(9) Existing trona producers are having to make long term
      business decisions affecting the type and amount of additional
      infrastructure investments based on the certainty that sufficient
      acreage of leaseable [sic] trona will be available for mining in
      the future.
        "(10) To maintain the vitality of the domestic trona industry
      and ensure the continued flow of valuable revenues to the Federal
      and State governments and products to the American public from
      trona production on Federal lands, the Mineral Leasing Act should
      be amended to increase the acreage limitation for Federal sodium
      leases."

                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a colon.

    (!2) So in original. Probably should be "unenforceable".

    (!3) So in original. Probably should be "unenforceability".


-End-



-CITE-
    30 USC Sec. 184a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 184a. Authorization of States to include in agreements for
      conservation of oil and gas resources lands acquired from United
      States

-STATUTE-
      Notwithstanding the provisions of any applicable grant, deed,
    patent, exchange, or law of the United States, any State owning
    lands or interests therein acquired by it from the United States
    may consent to the operation or development of such lands or
    interests, or any part thereof, under agreements approved by the
    Secretary of the Interior made jointly or severally with lessees or
    permittees of lands or mineral deposits of the United States or
    others, for the purpose of more properly conserving the oil and gas
    resources within such State. Such agreements may provide for the
    cooperative or unit operation or development of part or all of any
    oil or gas pool, field, or area; for the allocation of production
    and the sharing of proceeds from the whole or any specified part
    thereof regardless of the particular tract from which production is
    obtained or proceeds are derived; and, with the consent of the
    State, for the modification of the terms and provisions of State
    leases for lands operated and developed thereunder, including the
    term of years for which said leases were originally granted, to
    conform said leases to the terms and provisions of such agreements:
    Provided, That nothing in this section contained, nor the
    effectuation of it, shall be construed as in any respect waiving,
    determining or affecting any right, title, or interest, which
    otherwise may exist in the United States, and that the making of
    any agreement, as provided in this section, shall not be construed
    as an admission as to the title or ownership of the lands included.

-SOURCE-
    (Jan. 26, 1940, ch. 14, 54 Stat. 17.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-End-



-CITE-
    30 USC Sec. 185                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 185. Rights-of-way for pipelines through Federal lands

-STATUTE-
    (a) Grant of authority
      Rights-of-way through any Federal lands may be granted by the
    Secretary of the Interior or appropriate agency head for pipeline
    purposes for the transportation of oil, natural gas, synthetic
    liquid or gaseous fuels, or any refined product produced therefrom
    to any applicant possessing the qualifications provided in section
    181 of this title in accordance with the provisions of this
    section.
    (b) Definitions
      (1) For the purposes of this section "Federal lands" means all
    lands owned by the United States except lands in the National Park
    System, lands held in trust for an Indian or Indian tribe, and
    lands on the Outer Continental Shelf. A right-of-way through a
    Federal reservation shall not be granted if the Secretary or agency
    head determines that it would be inconsistent with the purposes of
    the reservation.
      (2) "Secretary" means the Secretary of the Interior.
      (3) "Agency head" means the head of any Federal department or
    independent Federal office or agency, other than the Secretary of
    the Interior, which has jurisdiction over Federal lands.
    (c) Inter-agency coordination
      (1) Where the surface of all of the Federal lands involved in a
    proposed right-of-way or permit is under the jurisdiction of one
    Federal agency, the agency head, rather than the Secretary, is
    authorized to grant or renew the right-of-way or permit for the
    purposes set forth in this section.
      (2) Where the surface of the Federal lands involved is
    administered by the Secretary or by two or more Federal agencies,
    the Secretary is authorized, after consultation with the agencies
    involved, to grant or renew rights-of-way or permits through the
    Federal lands involved. The Secretary may enter into interagency
    agreements with all other Federal agencies having jurisdiction over
    Federal lands for the purpose of avoiding duplication, assigning
    responsibility, expediting review of rights-of-way or permit
    applications, issuing joint regulations, and assuring a decision
    based upon a comprehensive review of all factors involved in any
    right-of-way or permit application. Each agency head shall
    administer and enforce the provisions of this section, appropriate
    regulations, and the terms and conditions of rights-of-way or
    permits insofar as they involve Federal lands under the agency
    head's jurisdiction.
    (d) Width limitations
      The width of a right-of-way shall not exceed fifty feet plus the
    ground occupied by the pipeline (that is, the pipe and its related
    facilities) unless the Secretary or agency head finds, and records
    the reasons for his finding, that in his judgment a wider right-of-
    way is necessary for operation and maintenance after construction,
    or to protect the environment or public safety. Related facilities
    include but are not limited to valves, pump stations, supporting
    structures, bridges, monitoring and communication devices, surge
    and storage tanks, terminals, roads, airstrips and campsites and
    they need not necessarily be connected or contiguous to the pipe
    and may be the subjects of separate rights-of-way.
    (e) Temporary permits
      A right-of-way may be supplemented by such temporary permits for
    the use of Federal lands in the vicinity of the pipeline as the
    Secretary or agency head finds are necessary in connection with
    construction, operation, maintenance, or termination of the
    pipeline, or to protect the natural environment or public safety.
    (f) Regulatory authority
      Rights-of-way or permits granted or renewed pursuant to this
    section shall be subject to regulations promulgated in accord with
    the provisions of this section and shall be subject to such terms
    and conditions as the Secretary or agency head may prescribe
    regarding extent, duration, survey, location, construction,
    operation, maintenance, use, and termination.
    (g) Pipeline safety
      The Secretary or agency head shall impose requirements for the
    operation of the pipeline and related facilities in a manner that
    will protect the safety of workers and protect the public from
    sudden ruptures and slow degradation of the pipeline.
    (h) Environmental protection
      (1) Nothing in this section shall be construed to amend, repeal,
    modify, or change in any way the requirements of section 102(2)(C)
    [42 U.S.C. 4332(2)(C)] or any other provision of the National
    Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].
      (2) The Secretary or agency head, prior to granting a right-of-
    way or permit pursuant to this section for a new project which may
    have a significant impact on the environment, shall require the
    applicant to submit a plan of construction, operation, and
    rehabilitation for such right-of-way or permit which shall comply
    with this section. The Secretary or agency head shall issue
    regulations or impose stipulations which shall include, but shall
    not be limited to: (A) requirements for restoration, revegetation,
    and curtailment of erosion of the surface of the land; (B)
    requirements to insure that activities in connection with the right-
    of-way or permit will not violate applicable air and water quality
    standards nor related facility siting standards established by or
    pursuant to law; (C) requirements designed to control or prevent
    (i) damage to the environment (including damage to fish and
    wildlife habitat), (ii) damage to public or private property, and
    (iii) hazards to public health and safety; and (D) requirements to
    protect the interests of individuals living in the general area of
    the right-of-way or permit who rely on the fish, wildlife, and
    biotic resources of the area for subsistence purposes. Such
    regulations shall be applicable to every right-of-way or permit
    granted pursuant to this section, and may be made applicable by the
    Secretary or agency head to existing rights-of-way or permits, or
    rights-of-way or permits to be renewed pursuant to this section.
    (i) Disclosure
      If the applicant is a partnership, corporation, association, or
    other business entity, the Secretary or agency head shall require
    the applicant to disclose the identity of the participants in the
    entity. Such disclosure shall include where applicable (1) the name
    and address of each partner, (2) the name and address of each
    shareholder owning 3 per centum or more of the shares, together
    with the number and percentage of any class of voting shares of the
    entity which such shareholder is authorized to vote, and (3) the
    name and address of each affiliate of the entity together with, in
    the case of an affiliate controlled by the entity, the number of
    shares and the percentage of any class of voting stock of that
    affiliate owned, directly or indirectly, by that entity, and, in
    the case of an affiliate which controls that entity, the number of
    shares and the percentage of any class of voting stock of that
    entity owned, directly or indirectly, by the affiliate.
    (j) Technical and financial capability
      The Secretary or agency head shall grant or renew a right-of-way
    or permit under this section only when he is satisfied that the
    applicant has the technical and financial capability to construct,
    operate, maintain, and terminate the project for which the right-of-
    way or permit is requested in accordance with the requirements of
    this section.
    (k) Public hearings
      The Secretary or agency head by regulation shall establish
    procedures, including public hearings where appropriate, to give
    Federal, State, and local government agencies and the public
    adequate notice and an opportunity to comment upon right-of-way
    applications filed after the date of enactment of this subsection.
    (l) Reimbursement of costs
      The applicant for a right-of-way or permit shall reimburse the
    United States for administrative and other costs incurred in
    processing the application, and the holder of a right-of-way or
    permit shall reimburse the United States for the costs incurred in
    monitoring the construction, operation, maintenance, and
    termination of any pipeline and related facilities on such right-of-
    way or permit area and shall pay annually in advance the fair
    market rental value of the right-of-way or permit, as determined by
    the Secretary or agency head.
    (m) Bonding
      Where he deems it appropriate the Secretary or agency head may
    require a holder of a right-of-way or permit to furnish a bond, or
    other security, satisfactory to the Secretary or agency head to
    secure all or any of the obligations imposed by the terms and
    conditions of the right-of-way or permit or by any rule or
    regulation of the Secretary or agency head.
    (n) Duration of grant
      Each right-of-way or permit granted or renewed pursuant to this
    section shall be limited to a reasonable term in light of all
    circumstances concerning the project, but in no event more than
    thirty years. In determining the duration of a right-of-way the
    Secretary or agency head shall, among other things, take into
    consideration the cost of the facility, its useful life, and any
    public purpose it serves. The Secretary or agency head shall renew
    any right-of-way, in accordance with the provisions of this
    section, so long as the project is in commercial operation and is
    operated and maintained in accordance with all of the provisions of
    this section.
    (o) Suspension or termination of right-of-way
      (1) Abandonment of a right-of-way or noncompliance with any
    provision of this section may be grounds for suspension or
    termination of the right-of-way if (A) after due notice to the
    holder of the right-of-way, (B) a reasonable opportunity to comply
    with this section, and (C) an appropriate administrative proceeding
    pursuant to section 554 of title 5, the Secretary or agency head
    determines that any such ground exists and that suspension or
    termination is justified. No administrative proceeding shall be
    required where the right-of-way by its terms provides that it
    terminates on the occurrence of a fixed or agreed upon condition,
    event, or time.
      (2) If the Secretary or agency head determines that an immediate
    temporary suspension of activities within a right-of-way or permit
    area is necessary to protect public health or safety or the
    environment, he may abate such activities prior to an
    administrative proceeding.
      (3) Deliberate failure of the holder to use the right-of-way for
    the purpose for which it was granted or renewed for any continuous
    two-year period shall constitute a rebuttable presumption of
    abandonment of the right-of-way: Provided, That where the failure
    to use the right-of-way is due to circumstances not within the
    holder's control the Secretary or agency head is not required to
    commence proceedings to suspend or terminate the right-of-way.
    (p) Joint use of rights-of-way
      In order to minimize adverse environmental impacts and the
    proliferation of separate rights-of-way across Federal lands, the
    utilization of rights-of-way in common shall be required to the
    extent practical, and each right-of-way or permit shall reserve to
    the Secretary or agency head the right to grant additional rights-
    of-way or permits for compatible uses on or adjacent to rights-of-
    way or permit area granted pursuant to this section.
    (q) Statutes
      No rights-of-way for the purposes provided for in this section
    shall be granted or renewed across Federal lands except under and
    subject to the provisions, limitations, and conditions of this
    section. Any application for a right-of-way filed under any other
    law prior to the effective date of this provision may, at the
    applicant's option, be considered as an application under this
    section. The Secretary or agency head may require the applicant to
    submit any additional information he deems necessary to comply with
    the requirements of this section.
    (r) Common carriers
      (1) Pipelines and related facilities authorized under this
    section shall be constructed, operated, and maintained as common
    carriers.
      (2)(A) The owners or operators of pipelines subject to this
    section shall accept, convey, transport, or purchase without
    discrimination all oil or gas delivered to the pipeline without
    regard to whether such oil or gas was produced on Federal or non-
    Federal lands.
      (B) In the case of oil or gas produced from Federal lands or from
    the resources on the Federal lands in the vicinity of the pipeline,
    the Secretary may, after a full hearing with due notice thereof to
    the interested parties and a proper finding of facts, determine the
    proportionate amounts to be accepted, conveyed, transported or
    purchased.
      (3)(A) The common carrier provisions of this section shall not
    apply to any natural gas pipeline operated by any person subject to
    regulation under the Natural Gas Act [15 U.S.C. 717 et seq.] or by
    any public utility subject to regulation by a State or municipal
    regulatory agency having jurisdiction to regulate the rates and
    charges for the sale of natural gas to consumers within the State
    or municipality.
      (B) Where natural gas not subject to State regulatory or
    conservation laws governing its purchase by pipelines is offered
    for sale, each such pipeline shall purchase, without
    discrimination, any such natural gas produced in the vicinity of
    the pipeline.
      (4) The Government shall in express terms reserve and shall
    provide in every lease of oil lands under this chapter that the
    lessee, assignee, or beneficiary, if owner or operator of a
    controlling interest in any pipeline or of any company operating
    the pipeline which may be operated accessible to the oil derived
    from lands under such lease, shall at reasonable rates and without
    discrimination accept and convey the oil of the Government or of
    any citizen or company not the owner of any pipeline operating a
    lease or purchasing gas or oil under the provisions of this
    chapter.
      (5) Whenever the Secretary has reason to believe that any owner
    or operator subject to this section is not operating any oil or gas
    pipeline in complete accord with its obligations as a common
    carrier hereunder, he may request the Attorney General to prosecute
    an appropriate proceeding before the Secretary of Energy or Federal
    Energy Regulatory Commission or any appropriate State agency or the
    United States district court for the district in which the pipeline
    or any part thereof is located, to enforce such obligation or to
    impose any penalty provided therefor, or the Secretary may, by
    proceeding as provided in this section, suspend or terminate the
    said grant of right-of-way for noncompliance with the provisions of
    this section.
      (6) The Secretary or agency head shall require, prior to granting
    or renewing a right-of-way, that the applicant submit and disclose
    all plans, contracts, agreements, or other information or material
    which he deems necessary to determine whether a right-of-way shall
    be granted or renewed and the terms and conditions which should be
    included in the right-of-way. Such information may include, but is
    not limited to: (A) conditions for, and agreements among owners or
    operators, regarding the addition of pumping facilities, looping,
    or otherwise increasing the pipeline or terminal's throughput
    capacity in response to actual or anticipated increases in demand;
    (B) conditions for adding or abandoning intake, offtake, or storage
    points or facilities; and (C) minimum shipment or purchase tenders.
    (s) Exports of Alaskan North Slope oil
      (1) Subject to paragraphs (2) through (6) of this subsection and
    notwithstanding any other provision of this chapter or any other
    provision of law (including any regulation) applicable to the
    export of oil transported by pipeline over right-of-way granted
    pursuant to section 1652 of title 43, such oil may be exported
    unless the President finds that exportation of this oil is not in
    the national interest. The President shall make his national
    interest determination within five months of November 28, 1995. In
    evaluating whether exports of this oil are in the national
    interest, the President shall at a minimum consider - 
        (A) whether exports of this oil would diminish the total
      quantity or quality of petroleum available to the United States;
        (B) the results of an appropriate environmental review,
      including consideration of appropriate measures to mitigate any
      potential adverse effects of exports of this oil on the
      environment, which shall be completed within four months of
      November 28, 1995; and
        (C) whether exports of this oil are likely to cause sustained
      material oil supply shortages or sustained oil prices
      significantly above world market levels that would cause
      sustained material adverse employment effects in the United
      States or that would cause substantial harm to consumers,
      including noncontiguous States and Pacific territories.

    If the President determines that exports of this oil are in the
    national interest, he may impose such terms and conditions (other
    than a volume limitation) as are necessary or appropriate to ensure
    that such exports are consistent with the national interest.
      (2) Except in the case of oil exported to a country with which
    the United States entered into a bilateral international oil supply
    agreement before November 26, 1979, or to a country pursuant to the
    International Emergency Oil Sharing Plan of the International
    Energy Agency, any oil transported by pipeline over right-of-way
    granted pursuant to section 1652 of title 43 shall, when exported,
    be transported by a vessel documented under the laws of the United
    States and owned by a citizen of the United States (as determined
    in accordance with section 50501 of title 46).
      (3) Nothing in this subsection shall restrict the authority of
    the President under the Constitution, the International Emergency
    Economic Powers Act (50 U.S.C. 1701 et seq.), the National
    Emergencies Act (50 U.S.C. 1601 et seq.), or Part B of title II of
    the Energy Policy and Conservation Act (42 U.S.C. 6271-76) to
    prohibit exports.
      (4) The Secretary of Commerce shall issue any rules necessary for
    implementation of the President's national interest determination,
    including any licensing requirements and conditions, within 30 days
    of the date of such determination by the President. The Secretary
    of Commerce shall consult with the Secretary of Energy in
    administering the provisions of this subsection.
      (5) If the Secretary of Commerce finds that exporting oil under
    authority of this subsection has caused sustained material oil
    supply shortages or sustained oil prices significantly above world
    market levels and further finds that these supply shortages or
    price increases have caused or are likely to cause sustained
    material adverse employment effects in the United States, the
    Secretary of Commerce, in consultation with the Secretary of
    Energy, shall recommend, and the President may take, appropriate
    action concerning exports of this oil, which may include modifying
    or revoking authority to export such oil.
      (6) Administrative action under this subsection is not subject to
    sections 551 and 553 through 559 of title 5.
    (t) Existing rights-of-way
      The Secretary or agency head may ratify and confirm any right-of-
    way or permit for an oil or gas pipeline or related facility that
    was granted under any provision of law before the effective date of
    this subsection, if it is modified by mutual agreement to comply to
    the extent practical with the provisions of this section. Any
    action taken by the Secretary or agency head pursuant to this
    subsection shall not be considered a major Federal action requiring
    a detailed statement pursuant to section 102(2)(C) of the National
    Environmental Policy Act of 1970 (Public Law 90-190; 42 U.S.C.
    4321).(!1)

    (u) Limitations on export
      Any domestically produced crude oil transported by pipeline over
    rights-of-way granted pursuant to this section, except such crude
    oil which is either exchanged in similar quantity for convenience
    or increased efficiency of transportation with persons or the
    government of an adjacent foreign state, or which is temporarily
    exported for convenience or increased efficiency of transportation
    across parts of an adjacent foreign state and reenters the United
    States, shall be subject to all of the limitations and licensing
    requirements of the Export Administration Act of 1979 (50 U.S.C.
    App. 2401 and following) and, in addition, before any crude oil
    subject to this section may be exported under the limitations and
    licensing requirements and penalty and enforcement provisions of
    the Export Administration Act of 1979 the President must make and
    publish an express finding that such exports will not diminish the
    total quantity or quality of petroleum available to the United
    States, and are in the national interest and are in accord with the
    provisions of the Export Administration Act of 1979: Provided, That
    the President shall submit reports to the Congress containing
    findings made under this section, and after the date of receipt of
    such report Congress shall have a period of sixty calendar days,
    thirty days of which Congress must have been in session, to
    consider whether exports under the terms of this section are in the
    national interest. If the Congress within this time period passes a
    concurrent resolution of disapproval stating disagreement with the
    President's finding concerning the national interest, further
    exports made pursuant to the aforementioned Presidential findings
    shall cease.
    (v) State standards
      The Secretary or agency head shall take into consideration and to
    the extent practical comply with State standards for right-of-way
    construction, operation, and maintenance.
    (w) Reports
      (1) The Secretary and other appropriate agency heads shall report
    to the Committee on Natural Resources of the United States House of
    Representatives and the Committee on Energy and Natural Resources
    of the United States Senate annually on the administration of this
    section and on the safety and environmental requirements imposed
    pursuant thereto.
      (2) The Secretary or agency head shall promptly notify the
    Committee on Natural Resources of the United States House of
    Representatives and the Committee on Energy and Natural Resources
    of the United States Senate upon receipt of an application for a
    right-of-way for a pipeline twenty-four inches or more in diameter,
    and no right-of-way for such a pipeline shall be granted until a
    notice of intention to grant the right-of-way, together with the
    Secretary's or agency head's detailed findings as to the terms and
    conditions he proposes to impose, has been submitted to such
    committees.
      (3) Periodically, but at least once a year, the Secretary of the
    Department of Transportation shall cause the examination of all
    pipelines and associated facilities on Federal lands and shall
    cause the prompt reporting of any potential leaks or safety
    problems.
    (x) Liability
      (1) The Secretary or agency head shall promulgate regulations and
    may impose stipulations specifying the extent to which holders of
    rights-of-way and permits under this chapter shall be liable to the
    United States for damage or injury incurred by the United States in
    connection with the right-of-way or permit. Where the right-of-way
    or permit involves lands which are under the exclusive jurisdiction
    of the Federal Government, the Secretary or agency head shall
    promulgate regulations specifying the extent to which holders shall
    be liable to third parties for injuries incurred in connection with
    the right-of-way or permit.
      (2) The Secretary or agency head may, by regulation or
    stipulation, impose a standard of strict liability to govern
    activities taking place on a right-of-way or permit area which the
    Secretary or agency head determines, in his discretion, to present
    a foreseeable hazard or risk of danger to the United States.
      (3) Regulations and stipulations pursuant to this subsection
    shall not impose strict liability for damage or injury resulting
    from (A) an act of war, or (B) negligence of the United States.
      (4) Any regulation or stipulation imposing liability without
    fault shall include a maximum limitation on damages commensurate
    with the foreseeable risks or hazards presented. Any liability for
    damage or injury in excess of this amount shall be determined by
    ordinary rules of negligence.
      (5) The regulations and stipulations shall also specify the
    extent to which such holders shall indemnify or hold harmless the
    United States for liability, damage, or claims arising in
    connection with the right-of-way or permit.
      (6) Any regulation or stipulation promulgated or imposed pursuant
    to this section shall provide that all owners of any interest in,
    and all affiliates or subsidiaries of any holder of, a right-of-way
    or permit shall be liable to the United States in the event that a
    claim for damage or injury cannot be collected from the holder.
      (7) In any case where liability without fault is imposed pursuant
    to this subsection and the damages involved were caused by the
    negligence of a third party, the rules of subrogation shall apply
    in accordance with the law of the jurisdiction where the damage
    occurred.
    (y) Antitrust laws
      The grant of a right-of-way or permit pursuant to this section
    shall grant no immunity from the operation of the Federal antitrust
    laws.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 28, 41 Stat. 449; Aug. 21, 1935, ch.
    599, Sec. 1, 49 Stat. 678; Aug. 12, 1953, ch. 408, 67 Stat. 557;
    Pub. L. 93-153, title I, Sec. 101, Nov. 16, 1973, 87 Stat. 576;
    Pub. L. 95-91, title III, Secs. 301(b), 306, title IV, Sec. 402(a),
    (b), title VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat. 578, 581,
    583, 584, 606, 607; Pub. L. 99-64, title I, Sec. 123(b), July 12,
    1985, 99 Stat. 156; Pub. L. 101-475, Sec. 1, Oct. 30, 1990, 104
    Stat. 1102; Pub. L. 103-437, Sec. 11(a)(1), Nov. 2, 1994, 108 Stat.
    4589; Pub. L. 104-58, title II, Sec. 201, Nov. 28, 1995, 109 Stat.
    560; Pub. L. 104-66, title I, Sec. 1121(k), Dec. 21, 1995, 109
    Stat. 724.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    subsec. (h)(1), is Pub. L. 91-190, Jan 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.
      The date of enactment of this subsection, referred to in subsec.
    (k), the effective date of this provision, referred to in subsec.
    (q), and the effective date of this subsection, referred to in
    subsec. (t), probably mean the date of approval of Pub. L. 93-153,
    which was Nov. 16, 1973.
      The Natural Gas Act, referred to in subsec. (r)(3)(A), is act
    June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is
    classified generally to chapter 15B (Sec. 717 et seq.) of Title 15,
    Commerce and Trade. For complete classification of this Act to the
    Code, see section 717w of Title 15 and Tables.
      The International Emergency Economic Powers Act, referred to in
    subsec. (s)(3), is title II of Pub. L. 95-223, Dec. 28, 1977, 91
    Stat. 1626, as amended, which is classified generally to chapter 35
    (Sec. 1701 et seq.) of Title 50, War and National Defense. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1701 of Title 50 and Tables.
      The National Emergencies Act, referred to in subsec. (s)(3), is
    Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is
    classified principally to chapter 34 (Sec. 1601 et seq.) of Title
    50. For complete classification of this Act to the Code, see Short
    Title note set out under section 1601 of Title 50 and Tables.
      The Energy Policy and Conservation Act, referred to in subsec.
    (s)(3), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended.
    Part B of title II of the Act is classified generally to part B
    (Sec. 6271 et seq.) of subchapter II of chapter 77 of Title 42, The
    Public Health and Welfare. For complete classification of this Act
    to the Code, see Short Title note set out under section 6201 of
    Title 42 and Tables.
      The Export Administration Act of 1979, referred to in subsec.
    (u), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended,
    which is classified principally to section 2401 et seq. of Title
    50, Appendix, War and National Defense. For complete classification
    of this Act to the Code, see Short Title note set out under section
    2401 of Title 50, Appendix, and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (s)(2), "section 50501 of title 46" substituted for
    "section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)" on
    authority of Pub. L. 109-304, Sec. 18(c), Oct. 6, 2006, 120 Stat.
    1709, which Act enacted section 50501 of Title 46, Shipping.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (s). Pub. L. 104-58 amended heading and text of
    subsec. (s) generally. Prior to amendment, subsec. (s) provided
    that the Secretary of Interior, in consultation with Federal and
    State agencies, review need for national system of transportation
    and utility corridors across Federal lands and report to Congress
    and the President by July 1, 1975.
      Subsec. (w)(4). Pub. L. 104-66 struck out par. (4) which read as
    follows: "The Secretary of the Department of Transportation shall
    report annually to the President, the Congress, the Secretary of
    the Interior, and the Secretary of Energy any potential dangers of
    or actual explosions, or potential or actual spillage on Federal
    lands and shall include in such report a statement of corrective
    action taken to prevent such explosion or spillage."
      1994 - Subsec. (w)(1), (2). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the United
    States House".
      1990 - Subsec. (w)(1). Pub. L. 101-475, Sec. 1(a), substituted
    "Committee on Interior and Insular Affairs of the United States
    House of Representatives and the Committee on Energy and Natural
    Resources of the United States Senate" for "House and Senate
    Committees on Interior and Insular Affairs".
      Subsec. (w)(2). Pub. L. 101-475, Sec. 1(b), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "The
    Secretary or agency head shall notify the House and Senate
    Committees on Interior and Insular Affairs promptly upon receipt of
    an application for a right-of-way for a pipeline twenty-four inches
    or more in diameter, and no right-of-way for such a pipeline shall
    be granted until sixty days (not counting days on which the House
    of Representatives or the Senate has adjourned for more than three
    days) after a notice of intention to grant the right-of-way,
    together with the Secretary's or agency head's detailed findings as
    to terms and conditions he proposes to impose, has been submitted
    to such committees, unless each committee by resolution waives the
    waiting period."
      1985 - Subsec. (u). Pub. L. 99-64 substituted "Export
    Administration Act of 1979 (50 U.S.C. App. 2401 and following)" for
    "Export Administration Act of 1969 (Act of December 30, 1969; 83
    Stat. 841)" and "Export Administration Act of 1979" for "Export
    Administration Act of 1969" in two places.
      1973 - Pub. L. 93-153 completely rewrote the section substituting
    25 subsecs. lettered (a) through (y) covering all aspects of the
    granting of rights-of-way for pipelines through Federal lands for
    the former single unlettered paragraph under which rights-of-way of
    25 feet on each side of the pipeline could be granted and under
    which the pipeline was to be operated as a common carrier.
      1953 - Act Aug. 12, 1953, permitted companies subject to Federal
    regulation, or public utilities subject to State regulations, to
    pass through the public domain without incurring the obligation to
    become a common carrier.
      1935 - Act Aug. 21, 1935, substituted "may be granted by the
    Secretary of the Interior" for "are granted" and inserted "and
    conditions" after "regulations" in two places, and "and shall
    accept, convey, transport, or purchase without discrimination, oil
    or natural gas produced from Government lands in the vicinity of
    the pipe line in such proportionate amounts as the Secretary of the
    Interior may, after a full hearing with notice thereof to the
    interested parties and a proper finding of facts, determine to be
    reasonable:" after "and maintained as common carriers.".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Enforcement functions of Secretary or other official in
    Department of the Interior related to compliance with grants of
    rights-of-way and temporary use permits for Federal land and such
    functions of Secretary or other official in Department of
    Agriculture, insofar as they involve lands and programs under
    jurisdiction of Department of Agriculture, related to compliance
    with associated land use permits authorized for and in conjunction
    with grants of rights-of-way across Federal lands issued under this
    section with respect to pre-construction, construction, and initial
    operation of transportation system for Canadian and Alaskan natural
    gas were transferred to the Federal Inspector, Office of Federal
    Inspector for the Alaska Natural Gas Transportation System, until
    the first anniversary of date of initial operation of the Alaska
    Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,
    Secs. 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
    1376, effective July 1, 1979, set out in the Appendix to Title 5,
    Government Organization and Employees. Office of Federal Inspector
    for the Alaska Natural Gas Transportation System abolished and
    functions and authority vested in Inspector transferred to
    Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out
    as an Abolition of Office of Federal Inspector note under section
    719e of Title 15, Commerce and Trade. Functions and authority
    vested in Secretary of Energy subsequently transferred to Federal
    Coordinator for Alaska Natural Gas Transportation Projects by
    section 720d(f) of Title 15.
      "Secretary of Energy or Federal Energy Regulatory Commission"
    substituted for "Interstate Commerce Commission or Federal Power
    Commission" in subsec. (r)(5) pursuant to sections 301(b), 306,
    402(a), (b), 703, and 707 of Pub. L. 95-91, which are classified to
    sections 7151(b), 7155, 7172(a), (b), 7293, and 7297 of Title 42,
    The Public Health and Welfare, and which transferred functions
    vested in Interstate Commerce Commission, and Chairman and members
    thereof, relating to transportation of oil by pipeline to Secretary
    of Energy (except for certain functions which were transferred to
    Federal Energy Regulatory Commission within Department of Energy),
    and terminated Federal Power Commission and transferred its
    functions to Secretary of Energy (except for certain functions
    which were transferred to Federal Energy Regulatory Commission).


-MISC2-
              REIMBURSEMENT OF ADMINISTRATIVE AND OTHER COSTS          
      Pub. L. 105-277, div. A, Sec. 101(e) [title II], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-272, provided that: "Notwithstanding any
    other provision of law, hereafter money collected, in advance or
    otherwise, by the Forest Service under authority of section 101 of
    Public Law 93-153 (30 U.S.C. 185(1)[(l)]) as reimbursement of
    administrative and other costs incurred in processing pipeline
    right-of-way or permit applications and for costs incurred in
    monitoring the construction, operation, maintenance, and
    termination of any pipeline and related facilities, may be used to
    reimburse the applicable appropriation to which such costs were
    originally charged."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1576.
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title II], Sept.
    30, 1996, 110 Stat. 3009-181, 3009-208.
      Pub. L. 104-134, title I, Sec. 101(c) [title II], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-184; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-332, title II, Sept. 30, 1994, 108 Stat. 2524.
      Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1403.
      Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1401.
      Pub. L. 102-154, title II, Nov. 13, 1991, 105 Stat. 1017.

                                GAO REPORT                            
      Section 202 of Pub. L. 104-58 directed the Comptroller General of
    the United States to commence, three years after Nov. 28, 1995, a
    review of energy production in California and Alaska and the
    effects of Alaskan North Slope oil exports, if any, on consumers,
    independent refiners, and shipbuilding and ship repair yards on the
    West Coast and in Hawaii, and to submit to Congress, within twelve
    months after commencing the review, a report containing
    recommendations for Congress and the President to address job loss
    in the shipbuilding and ship repair industry on the West Coast, as
    well as adverse impacts on consumers and refiners on the West Coast
    and in Hawaii, that are attributed to Alaska North Slope oil
    exports.

              OUTER CONTINENTAL SHELF; PIPELINE RIGHTS-OF-WAY          
      Pipeline rights-of-way in connection with oil, gas, and other
    leases on submerged lands of outer Continental Shelf, see section
    1334 of Title 43, Public Lands.


-EXEC-
              EXPORTS OF ALASKAN NORTH SLOPE (ANS) CRUDE OIL          
      Memorandum of President of the United States, Apr. 28, 1996, 61
    F.R. 19507, provided:
      Memorandum for the Secretary of Commerce [and] the Secretary of
    Energy
      Pursuant to section 28(s) of the Mineral Leasing Act, as amended,
    30 U.S.C. 185, I hereby determine that exports of crude oil
    transported over right-of-way granted pursuant to section 203 of
    the Trans-Alaska Pipeline Authorization Act [43 U.S.C. 1652] are in
    the national interest. In making this determination, I have taken
    into account the conclusions of an interagency working group, which
    found that such oil exports:
       - will not diminish the total quantity or quality of petroleum
    available to the United States; and
       - are not likely to cause sustained material oil supply
    shortages or sustained oil price increases significantly above
    world market levels that would cause sustained material adverse
    employment effects in the United States or that would cause
    substantial harm to consumers, including those located in
    noncontiguous States and Pacific Territories.
      I have also considered the interagency group's conclusions
    regarding potential environmental impacts of lifting the ban. Based
    on their findings and recommendations, I have concluded that
    exports of such crude oil will not pose significant risks to the
    environment if certain terms and conditions are met.
      Therefore, pursuant to section 28(s) of the Mineral Leasing Act I
    direct the Secretary of Commerce to promulgate immediately a
    general license, or a license exception, authorizing exports of
    such crude oil, subject to appropriate documentation requirements,
    and consistent with the following conditions:
       - tankers exporting ANS exports must use the same route that
    they do for shipments to Hawaii until they reach a point 300 miles
    due south of Cape Hinchinbrook Light and then turn toward Asian
    destinations. After reaching that point, tankers in the ANS oil
    trade must remain outside of the 200 nautical-miles Exclusive
    Economic Zone of the United States as defined in the Fisheries
    Conservation and Management Act (16 U.S.C. 1811) [probably means
    the Magnuson-Stevens Fishery Conservation and Management Act]. This
    condition also applies to tankers returning from foreign ports to
    Valdez, Alaska. Exceptions can be made at the discretion of the
    vessel master only to ensure the safety of the vessel;
       - that export tankers be equipped with satellite-based
    communications systems that will enable the Coast Guard
    independently to determine their location. The Coast Guard will
    conduct appropriate monitoring of the tankers, a measure that will
    ensure compliance with the 200-mile condition, and help the Coast
    Guard respond quickly to any emergencies;
       - the owner or operator of an Alaskan North Slope crude oil
    export tankship shall maintain a Critical Area Inspection Plan for
    each tankship in the trade in accordance with the U.S. Coast
    Guard's Navigation and Inspection Circular No. 15-91 as amended,
    which shall include an annual internal survey of the vessel's cargo
    block tanks; and
       - the owner or operator of an Alaskan North Slope crude oil
    export tankship shall adopt a mandatory program of deep water
    ballast exchange (i.e., in 2,000 meters water depth). Exceptions
    can be made at the discretion of the captain only in order to
    ensure the safety of the vessel. Recordkeeping subject to Coast
    Guard audit will be required as part of this regime.
      The Secretary of Commerce is authorized and directed to inform
    the appropriate committees of the Congress of this determination
    and to publish it in the Federal Register.
                                                     William J. Clinton.

-FOOTNOTE-               

    (!1) So in original. Probably should be "National Environmental
         Policy Act of 1969 (Public Law 91-190; 42 U.S.C. 4332(2)(C))".


-End-



-CITE-
    30 USC Sec. 186                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 186. Reservation of easements or rights-of-way for working
      purposes; reservation of right to dispose of surface of lands;
      determination before offering of lease; easement periods

-STATUTE-
      Any permit, lease, occupation, or use permitted under this
    chapter shall reserve to the Secretary of the Interior the right to
    permit upon such terms as he may determine to be just, for joint or
    several use, such easements or rights-of-way, including easements
    in tunnels upon, through, or in the lands leased, occupied, or used
    as may be necessary or appropriate to the working of the same, or
    of other lands containing the deposits described in this chapter,
    and the treatment and shipment of the products thereof by or under
    authority of the Government, its lessees, or permittees, and for
    other public purposes. The Secretary of the Interior, in his
    discretion, in making any lease under this chapter, may reserve to
    the United States the right to lease, sell, or otherwise dispose of
    the surface of the lands embraced within such lease under existing
    law or laws hereafter enacted, insofar as said surface is not
    necessary for use of the lessee in extracting and removing the
    deposits therein. If such reservation is made it shall be so
    determined before the offering of such lease. The said Secretary,
    during the life of the lease, is authorized to issue such permits
    for easements herein provided to be reserved.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 29, 41 Stat. 449.)

-End-



-CITE-
    30 USC Sec. 187                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 187. Assignment or subletting of leases; relinquishment of
      rights under leases; conditions in leases for protection of
      diverse interests in operation of mines, wells, etc.; State laws
      not impaired

-STATUTE-
      No lease issued under the authority of this chapter shall be
    assigned or sublet, except with the consent of the Secretary of the
    Interior. The lessee may, in the discretion of the Secretary of the
    Interior, be permitted at any time to make written relinquishment
    of all rights under such a lease, and upon acceptance thereof be
    thereby relieved of all future obligations under said lease, and
    may with like consent surrender any legal subdivision of the area
    included within the lease. Each lease shall contain provisions for
    the purpose of insuring the exercise of reasonable diligence,
    skill, and care in the operation of said property; a provision that
    such rules for the safety and welfare of the miners and for the
    prevention of undue waste as may be prescribed by said Secretary
    shall be observed, including a restriction of the workday to not
    exceeding eight hours in any one day for underground workers except
    in cases of emergency; provisions prohibiting the employment of any
    child under the age of sixteen in any mine below the surface;
    provisions securing the workmen complete freedom of purchase;
    provision requiring the payment of wages at least twice a month in
    lawful money of the United States, and providing proper rules and
    regulations to insure the fair and just weighing or measurement of
    the coal mined by each miner, and such other provisions as he may
    deem necessary to insure the sale of the production of such leased
    lands to the United States and to the public at reasonable prices,
    for the protection of the interests of the United States, for the
    prevention of monopoly, and for the safeguarding of the public
    welfare. None of such provisions shall be in conflict with the laws
    of the State in which the leased property is situated.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 30, 41 Stat. 449; Pub. L. 95-554, Sec.
    5, Oct. 30, 1978, 92 Stat. 2074.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-554 substituted "provisions prohibiting the
    employment of any child under the age of sixteen in any mine below
    the surface" for "provisions prohibiting the employment of any boy
    under the age of sixteen or the employment of any girl or woman,
    without regard to age, in any mine below the surface".

-End-



-CITE-
    30 USC Sec. 187a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 187a. Oil or gas leases; partial assignments

-STATUTE-
      Notwithstanding anything to the contrary in section 187 of this
    title, any oil or gas lease issued under the authority of this
    chapter may be assigned or subleased, as to all or part of the
    acreage included therein, subject to final approval by the
    Secretary and as to either a divided or undivided interest therein,
    to any person or persons qualified to own a lease under this
    chapter, and any assignment or sublease shall take effect as of the
    first day of the lease month following the date of filing in the
    proper land office of three original executed counterparts thereof,
    together with any required bond and proof of the qualification
    under this chapter of the assignee or sublessee to take or hold
    such lease or interest therein. Until such approval, however, the
    assignor or sublessor and his surety shall continue to be
    responsible for the performance of any and all obligations as if no
    assignment or sublease had been executed. The Secretary shall
    disapprove the assignment or sublease only for lack of
    qualification of the assignee or sublessee or for lack of
    sufficient bond: Provided, however, That the Secretary may, in his
    discretion, disapprove an assignment of any of the following,
    unless the assignment constitutes the entire lease or is
    demonstrated to further the development of oil and gas:
        (1) A separate zone or deposit under any lease.
        (2) A part of a legal subdivision.
        (3) Less than 640 acres outside Alaska or of less than 2,560
      acres within Alaska.

    Requests for approval of assignment or sublease shall be processed
    promptly by the Secretary. Except where the assignment or sublease
    is not in accordance with applicable law, the approval shall be
    given within 60 days of the date of receipt by the Secretary of a
    request for such approval. Upon approval of any assignment or
    sublease, the assignee or sublessee shall be bound by the terms of
    the lease to the same extent as if such assignee or sublessee were
    the original lessee, any conditions in the assignment or sublease
    to the contrary notwithstanding. Any partial assignment of any
    lease shall segregate the assigned and retained portions thereof,
    and as above provided, release and discharge the assignor from all
    obligations thereafter accruing with respect to the assigned lands;
    and such segregated leases shall continue in full force and effect
    for the primary term of the original lease, but for not less than
    two years after the date of discovery of oil or gas in paying
    quantities upon any other segregated portion of the lands
    originally subject to such lease. Assignments under this section
    may also be made of parts of leases which are in their extended
    term because of any provision of this chapter. Upon the segregation
    by an assignment of a lease issued after September 2, 1960 and held
    beyond its primary term by production, actual or suspended, or the
    payment of compensatory royalty, the segregated lease of an
    undeveloped, assigned, or retained part shall continue for two
    years, and so long thereafter as oil or gas is produced in paying
    quantities.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 30A, formerly Sec. 30a, as added Aug.
    8, 1946, ch. 916, Sec. 7, 60 Stat. 955; amended July 29, 1954, ch.
    644, Sec. 1(6), 68 Stat. 585; Pub. L. 86-705, Sec. 6, Sept. 2,
    1960, 74 Stat. 790; renumbered Sec. 30A and amended Pub. L. 100-
    203, title V, Sec. 5103, Dec. 22, 1987, 101 Stat. 1330-258.)


-MISC1-
                                AMENDMENTS                            
      1987 - Pub. L. 100-203 substituted third to fifth sentences for
    former third sentence which read as follows: "The Secretary shall
    disapprove the assignment or sublease only for lack of
    qualification of the assignee or sublessee or for lack of
    sufficient bond: Provided, however, That the Secretary may, in his
    discretion, disapprove an assignment of a separate zone or deposit
    under any lease, or of a part of a legal subdivision."
      1960 - Pub. L. 86-705 amended last sentence to restrict automatic
    extensions after Sept. 2, 1960.
      1954 - Act July 29, 1954, authorized partial assignment of a
    lease in its extended term regardless of reason for extension.

                             SAVINGS PROVISION                         
      See note set out under section 181 of this title.

                 LEASES ISSUED PRIOR TO SEPTEMBER 2, 1960             
      Section 6 of Pub. L. 86-705 provided in part that: "The
    provisions of this section 6 [amending this section] shall not be
    applicable to any lease issued prior to the effective date of this
    Act [Sept. 2, 1960]."

-End-



-CITE-
    30 USC Sec. 187b                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 187b. Oil or gas leases; written relinquishment of rights;
      release of obligations

-STATUTE-
      Notwithstanding any provision to the contrary in section 187 of
    this title, a lessee may at any time make and file in the
    appropriate land office a written relinquishment of all rights
    under any oil or gas lease issued under the authority of this
    chapter or of any legal subdivision of the area included within any
    such lease. Such relinquishment shall be effective as of the date
    of its filing, subject to the continued obligation of the lessee
    and his surety to make payment of all accrued rentals and royalties
    and to place all wells on the lands to be relinquished in condition
    for suspension or abandonment in accordance with the applicable
    lease terms and regulations; thereupon the lessee shall be released
    of all obligations thereafter accruing under said lease with
    respect to the lands relinquished, but no such relinquishment shall
    release such lessee, or his bond, from any liability for breach of
    any obligation of the lease, other than an obligation to drill,
    accrued at the date of the relinquishment.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 30B, formerly Sec. 30b, as added Aug.
    8, 1946, ch. 916, Sec. 8, 60 Stat. 956; renumbered Sec. 30B, Pub.
    L. 100-203, title V, Sec. 5103, Dec. 22, 1987, 101 Stat. 1330-258.)


-MISC1-
                             SAVINGS PROVISION                         
      See note set out under section 181 of this title.

-End-



-CITE-
    30 USC Sec. 188                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 188. Failure to comply with provisions of lease

-STATUTE-
    (a) Forfeiture
      Except as otherwise herein provided, any lease issued under the
    provisions of this chapter may be forfeited and canceled by an
    appropriate proceeding in the United States district court for the
    district in which the property, or some part thereof, is located
    whenever the lessee fails to comply with any of the provisions of
    this chapter, of the lease, or of the general regulations
    promulgated under this chapter and in force at the date of the
    lease; and the lease may provide for resort to appropriate methods
    for the settlement of disputes or for remedies for breach of
    specified conditions thereof.
    (b) Cancellation
      Any lease issued after August 21, 1935, under the provisions of
    section 226 of this title shall be subject to cancellation by the
    Secretary of the Interior after 30 days notice upon the failure of
    the lessee to comply with any of the provisions of the lease,
    unless or until the leasehold contains a well capable of production
    of oil or gas in paying quantities, or the lease is committed to an
    approved cooperative or unit plan or communitization agreement
    under section 226(m) of this title which contains a well capable of
    production of unitized substances in paying quantities. Such notice
    in advance of cancellation shall be sent the lease owner by
    registered letter directed to the lease owner's record post-office
    address, and in case such letter shall be returned as undelivered,
    such notice shall also be posted for a period of thirty days in the
    United States land office for the district in which the land
    covered by such lease is situated, or in the event that there is no
    district land office for such district, then in the post office
    nearest such land. Notwithstanding the provisions of this section,
    however, upon failure of a lessee to pay rental on or before the
    anniversary date of the lease, for any lease on which there is no
    well capable of producing oil or gas in paying quantities, the
    lease shall automatically terminate by operation of law: Provided,
    however, That when the time for payment falls upon any day in which
    the proper office for payment is not open, payment may be received
    the next official working day and shall be considered as timely
    made: Provided, That if the rental payment due under a lease is
    paid on or before the anniversary date but either (1) the amount of
    the payment has been or is hereafter deficient and the deficiency
    is nominal, as determined by the Secretary by regulation, or (2)
    the payment was calculated in accordance with the acreage figure
    stated in the lease, or in any decision affecting the lease, or
    made in accordance with a bill or decision which has been rendered
    by him and such figure, bill, or decision is found to be in error
    resulting in a deficiency, such lease shall not automatically
    terminate unless (1) a new lease had been issued prior to May 12,
    1970, or (2) the lessee fails to pay the deficiency within the
    period prescribed in a notice of deficiency sent to him by the
    Secretary.
    (c) Reinstatement
      Where any lease has been or is hereafter terminated automatically
    by operation of law under this section for failure to pay on or
    before the anniversary date the full amount of rental due, but such
    rental was paid on or tendered within twenty days thereafter, and
    it is shown to the satisfaction of the Secretary of the Interior
    that such failure was either justifiable or not due to a lack of
    reasonable diligence on the part of the lessee, the Secretary may
    reinstate the lease if - 
        (1) a petition for reinstatement, together with the required
      rental, including back rental accruing from the date of
      termination of the lease, is filed with the Secretary; and
        (2) no valid lease has been issued affecting any of the lands
      covered by the terminated lease prior to the filing of said
      petition. The Secretary shall not issue any new lease affecting
      any of the lands covered by such terminated lease for a
      reasonable period, as determined in accordance with regulations
      issued by him. In any case where a reinstatement of a terminated
      lease is granted under this subsection and the Secretary finds
      that the reinstatement of such lease will not afford the lessee a
      reasonable opportunity to continue operations under the lease,
      the Secretary may, at his discretion, extend the term of such
      lease for such period as he deems reasonable: Provided, That (A)
      such extension shall not exceed a period equivalent to the time
      beginning when the lessee knew or should have known of the
      termination and ending on the date the Secretary grants such
      petition; (B) such extension shall not exceed a period equal to
      the unexpired portion of the lease or any extension thereof
      remaining at the date of termination; and (C) when the
      reinstatement occurs after the expiration of the term or
      extension thereof the lease may be extended from the date the
      Secretary grants the petition.
    (d) Additional grounds for reinstatement
      (1) Where any oil and gas lease issued pursuant to section 226(b)
    or (c) of this title or the Mineral Leasing Act for Acquired Lands
    (30 U.S.C. 351 et seq.) has been, or is hereafter, terminated
    automatically by operation of law under this section for failure to
    pay on or before the anniversary date the full amount of the rental
    due, and such rental is not paid or tendered within twenty days
    thereafter, and it is shown to the satisfaction of the Secretary of
    the Interior that such failure was justifiable or not due to lack
    of reasonable diligence on the part of the lessee, or, no matter
    when the rental is paid after termination, it is shown to the
    satisfaction of the Secretary that such failure was inadvertent,
    the Secretary may reinstate the lease as of the date of termination
    for the unexpired portion of the primary term of the original lease
    or any extension thereof remaining at the date of termination, and
    so long thereafter as oil or gas is produced in paying quantities.
    In any case where a lease is reinstated under this subsection and
    the Secretary finds that the reinstatement of such lease (A) occurs
    after the expiration of the primary term or any extension thereof,
    or (B) will not afford the lessee a reasonable opportunity to
    continue operations under the lease, the Secretary may, at his
    discretion, extend the term of such lease for such period as he
    deems reasonable, but in no event for more than two years from the
    date the Secretary authorizes the reinstatement and so long
    thereafter as oil or gas is produced in paying quantities.
      (2) No lease shall be reinstated under paragraph (1) of this
    subsection unless - 
        (A) with respect to any lease that terminated under subsection
      (b) of this section on or before August 8, 2005, a petition for
      reinstatement (together with the required back rental and royalty
      accruing after the date of termination) is filed on or before the
      earlier of - 
          (i) 60 days after the lessee receives from the Secretary
        notice of termination, whether by return of check or by any
        other form of actual notice; or
          (ii) 15 months after the termination of the lease; or

        (B) with respect to any lease that terminates under subsection
      (b) of this section after August 8, 2005, a petition for
      reinstatement (together with the required back rental and royalty
      accruing after the date of termination) is filed on or before the
      earlier of - 
          (i) 60 days after receipt of the notice of termination sent
        by the Secretary by certified mail to all lessees of record; or
          (ii) 24 months after the termination of the lease.
    (e) Conditions for reinstatement
      Any reinstatement under subsection (d) of this section shall be
    made only if these conditions are met:
        (1) no valid lease, whether still in existence or not, shall
      have been issued affecting any of the lands covered by the
      terminated lease prior to the filing of such petition: Provided,
      however, That after receipt of a petition for reinstatement, the
      Secretary shall not issue any new lease affecting any of the
      lands covered by such terminated lease for a reasonable period,
      as determined in accordance with regulations issued by him;
        (2) payment of back rentals and either the inclusion in a
      reinstated lease issued pursuant to the provisions of section
      226(b) of this title of a requirement for future rentals at a
      rate of not less than $10 per acre per year, or the inclusion in
      a reinstated lease issued pursuant to the provisions of section
      226(c) of this title of a requirement that future rentals shall
      be at a rate not less than $5 per acre per year, all as
      determined by the Secretary;
        (3)(A) payment of back royalties and the inclusion in a
      reinstated lease issued pursuant to the provisions of section
      226(b) of this title of a requirement for future royalties at a
      rate of not less than 16(!2/3) percent computed on a sliding
      scale based upon the average production per well per day, at a
      rate which shall be not less than 4 percentage points greater
      than the competitive royality (!1) schedule then in force and
      used for royalty determination for competitive leases issued
      pursuant to such section as determined by the Secretary:
      Provided, That royalty on such reinstated lease shall be paid on
      all production removed or sold from such lease subsequent to the
      termination of the original lease;

        (B) payment of back royalties and inclusion in a reinstated
      lease issued pursuant to the provisions of section 226(c) of this
      title of a requirement for future royalties at a rate not less
      than 16 2/3  percent: Provided, That royalty on such reinstated
      lease shall be paid on all production removed or sold from such
      lease subsequent to the cancellation or termination of the
      original lease; and
        (4) notice of the proposed reinstatement of a terminated lease,
      including the terms and conditions of reinstatement, shall be
      published in the Federal Register at least thirty days in advance
      of the reinstatement.

    A copy of said notice, together with information concerning rental,
    royalty, volume of production, if any, and any other matter which
    the Secretary deemed significant in making this determination to
    reinstate, shall be furnished to the Committee on Natural Resources
    of the House of Representatives and the Committee on Energy and
    Natural Resources of the Senate at least thirty days in advance of
    the reinstatement. The lessee of a reinstated lease shall reimburse
    the Secretary for the administrative costs of reinstating the
    lease, but not to exceed $500. In addition the lessee shall
    reimburse the Secretary for the cost of publication in the Federal
    Register of the notice of proposed reinstatement.
    (f) Issuance of noncompetitive oil and gas lease; conditions
      Where an unpatented oil placer mining claim validly located prior
    to February 24, 1920, which has been or is currently producing or
    is capable of producing oil or gas, has been or is hereafter deemed
    conclusively abandoned for failure to file timely the required
    instruments or copies of instruments required by section 1744 of
    title 43, and it is shown to the satisfaction of the Secretary that
    such failure was inadvertent, justifiable, or not due to lack of
    reasonable diligence on the part of the owner, the Secretary may
    issue, for the lands covered by the abandoned unpatented oil placer
    mining claim, a noncompetitive oil and gas lease, consistent with
    the provisions of section 226(e) of this title, to be effective
    from the statutory date the claim was deemed conclusively
    abandoned. Issuance of such a lease shall be conditioned upon:
        (1) a petition for issuance of a noncompetitive oil and gas
      lease, together with the required rental and royalty, including
      back rental and royalty accruing from the statutory date of
      abandonment of the oil placer mining claim, being filed with the
      Secretary - 
          (A) with respect to any claim deemed conclusively abandoned
        on or before January 12, 1983, on or before the one hundred and
        twentieth day after January 12, 1983, or
          (B) with respect to any claim deemed conclusively abandoned
        after January 12, 1983, on or before the one hundred and
        twentieth day after final notification by the Secretary or a
        court of competent jurisdiction of the determination of the
        abandonment of the oil placer mining claim;

        (2) a valid lease not having been issued affecting any of the
      lands covered by the abandoned oil placer mining claim prior to
      the filing of such petition: Provided, however, That after the
      filing of a petition for issuance of a lease under this
      subsection, the Secretary shall not issue any new lease affecting
      any of the lands covered by such abandoned oil placer mining
      claim for a reasonable period, as determined in accordance with
      regulations issued by him;
        (3) a requirement in the lease for payment of rental, including
      back rentals accruing from the statutory date of abandonment of
      the oil placer mining claim, of not less than $5 per acre per
      year;
        (4) a requirement in the lease for payment of royalty on
      production removed or sold from the oil placer mining claim,
      including all royalty on production made subsequent to the
      statutory date the claim was deemed conclusively abandoned, of
      not less than 12 1/2  percent; and
        (5) compliance with the notice and reimbursement of costs
      provisions of paragraph (4) of subsection (e) of this section but
      addressed to the petition covering the conversion of an abandoned
      unpatented oil placer mining claim to a noncompetitive oil and
      gas lease.
    (g) Treatment of leases
      (1) Except as otherwise provided in this section, a reinstated
    lease shall be treated as a competitive or a noncompetitive oil and
    gas lease in the same manner as the original lease issued pursuant
    to section 226(b) or (c) of this title.
      (2) Except as otherwise provided in this section, the issuance of
    a lease in lieu of an abandoned patented oil placer mining claim
    shall be treated as a noncompetitive oil and gas lease issued
    pursuant to section 226(c) of this title.
      (3) Notwithstanding any other provision of law, any lease issued
    pursuant to section 223 of this title shall be eligible for
    reinstatement under the terms and conditions set forth in
    subsections (c), (d), and (e) of this section, applicable to leases
    issued under section 226(c) of this title except, that, upon
    reinstatement, such lease shall continue for twenty years and so
    long thereafter as oil or gas is produced in paying quantities.
      (4) Notwithstanding any other provision of law, any lease issued
    pursuant to section 223 of this title shall, upon renewal on or
    after November 15, 1990, continue for twenty years and so long
    thereafter as oil or gas is produced in paying quantities.
    (h) Statutory provisions applicable to leases
      The minimum royalty provisions of section 226(m) of this title
    and the provisions of section 209 of this title shall be applicable
    to leases issued pursuant to subsections (d) and (f) of this
    section.
    (i) Royalty reductions
      (1) In acting on a petition to issue a noncompetitive oil and gas
    lease, under subsection (f) of this section or in response to a
    request filed after issuance of such a lease, or both, the
    Secretary is authorized to reduce the royalty on such lease if in
    his judgment it is equitable to do so or the circumstances warrant
    such relief due to uneconomic or other circumstances which could
    cause undue hardship or premature termination of production.
      (2) In acting on a petition for reinstatement pursuant to
    subsection (d) of this section or in response to a request filed
    after reinstatement, or both, the Secretary is authorized to reduce
    the royalty in that reinstated lease on the entire leasehold or any
    tract or portion thereof segregated for royalty purposes if, in his
    judgment, there are uneconomic or other circumstances which could
    cause undue hardship or premature termination of production; or
    because of any written action of the United States, its agents or
    employees, which preceded, and was a major consideration in, the
    lessee's expenditure of funds to develop the property under the
    lease after the rent had become due and had not been paid; or if in
    the judgment of the Secretary it is equitable to do so for any
    reason.
    (j) Discretion of Secretary
      Where, in the judgment of the Secretary of the Interior, drilling
    operations were being diligently conducted on the last day of the
    primary term of the lease, and, except for nonpayment of rental,
    the lessee would have been entitled to extension of his lease,
    pursuant to section 226-1(d) of this title, the Secretary of the
    Interior may reinstate such lease notwithstanding the failure of
    the lessee to have made payment of the next year's rental, provided
    the conditions of subparagraphs (1) and (2) of subsection (c) of
    this section are satisfied.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 31, 41 Stat. 450; Aug. 8, 1946, ch.
    916, Sec. 9, 60 Stat. 956; July 29, 1954, ch. 644, Sec. 1(7), 68
    Stat. 585; Pub. L. 87-822, Sec. 1, Oct. 15, 1962, 76 Stat. 943;
    Pub. L. 91-245, Secs. 1, 2, May 12, 1970, 84 Stat. 206; Pub. L. 97-
    451, title IV, Sec. 401, Jan. 12, 1983, 96 Stat. 2462; Pub. L. 100-
    203, title V, Secs. 5102(d)(2), 5104, Dec. 22, 1987, 101 Stat.
    1330-258, 1330-259; Pub. L. 101-567, Sec. 1, Nov. 15, 1990, 104
    Stat. 2802; Pub. L. 103-437, Sec. 11(a)(1), Nov. 2, 1994, 108 Stat.
    4589; Pub. L. 109-58, title III, Sec. 371(b), Aug. 8, 2005, 119
    Stat. 734.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mineral Leasing Act for Acquired Lands, referred to in
    subsec. (d)(1), is act Aug. 7, 1947, ch. 513, 61 Stat. 913, as
    amended, which is classified generally to chapter 7 (Sec. 351 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 351 of this title
    and Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (d)(2)(A), (B). Pub. L. 109-58 added subpars. (A)
    and (B) and struck out former subpars. (A) and (B), which related
    to reinstatement with respect to any lease that terminated under
    subsec. (b) of this section prior to Jan. 12, 1983, and
    reinstatement with respect to any lease that terminated under
    subsec. (b) of this section on or after Jan. 12, 1983.
      1994 - Subsec. (e). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the House"
    in concluding provisions.
      1990 - Subsec. (g)(3), (4). Pub. L. 101-567 added pars. (3) and
    (4).
      1987 - Subsec. (b). Pub. L. 100-203, Sec. 5104, amended first
    sentence generally. Prior to amendment, first sentence read as
    follows: "Any lease issued after August 21, 1935, under the
    provisions of section 226 of this title shall be subject to
    cancellation by the Secretary of the Interior after thirty days'
    notice upon the failure of the lessee to comply with any of the
    provisions of the lease, unless or until the land covered by any
    such lease is known to contain valuable deposits of oil or gas."
      Subsec. (h). Pub. L. 100-203, Sec. 5102(d)(2), substituted
    "section 226(m)" for "section 226(j)".
      1983 - Subsecs. (d) to (j). Pub. L. 97-451 added subsecs. (d) to
    (i) and redesignated former subsec. (d) as (j).
      1970 - Subsec. (b). Pub. L. 91-245, Sec. 1, inserted proviso
    authorizing continuance of a lease where timely paid rent is
    nominally deficient or miscalculated due to an error either in
    acreage figure stated in the lease, in any decision affecting the
    lease, or in a bill or decision rendered by the Secretary, except
    where a new lease was issued prior to May 12, 1970 or the lessee
    failed to pay the deficiency within the period allowed by the
    Secretary.
      Subsec. (c). Pub. L. 91-245, Sec. 2, inserted provisions allowing
    reinstatement of a lease despite a twenty-day delay in payment of
    rent, made the payment of back rental accruing from the date of
    termination of the lease a prerequisite to such reinstatement,
    restricted the Secretary's power to issue a new lease on the lands
    covered by the terminated lease, gave the Secretary discretion to
    extend the term of a reinstated lease so as to afford the lessee a
    reasonable opportunity to continue operations under the lease, and
    struck out requirement that the petition for reinstatement of any
    lease terminated prior to Oct. 15, 1962 be filed within 180 days
    after Oct. 15, 1962.
      1962 - Pub. L. 87-822 designated existing pars. as subsecs. (a)
    and (b) and added subsecs. (c) and (d).
      1954 - Act July 29, 1954, provided for automatic termination of a
    lease on failure to pay rental on or before anniversary date of
    lease, for any lease on which there is no well capable of producing
    oil or gas in paying quantities.
      1946 - Act Aug. 8, 1946, principally added second par. relating
    to cancellation of leases by Secretary of the Interior.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                             SAVINGS PROVISION                         
      See note set out under section 181 of this title.

                          REINSTATEMENT OF LEASES                      
      Pub. L. 109-58, title III, Sec. 371(a), Aug. 8, 2005, 119 Stat.
    734, provided that:
      "Notwithstanding section 31(d)(2)(B) of the Mineral Leasing Act
    (30 U.S.C. 188(d)(2)(B)) as in effect before the effective date of
    this section [probably means the date of enactment of Pub. L. 109-
    58, Aug. 8, 2005], and notwithstanding the amendment made by
    subsection (b) of this section [amending this section], the
    Secretary of the Interior may reinstate any oil and gas lease
    issued under that Act [30 U.S.C. 181 et seq.] that was terminated
    for failure of a lessee to pay the full amount of rental on or
    before the anniversary date of the lease, during the period
    beginning on September 1, 2001, and ending on June 30, 2004, if - 
        "(1) not later than 120 days after the date of enactment of
      this Act [Aug. 8, 2005], the lessee - 
          "(A) files a petition for reinstatement of the lease;
          "(B) complies with the conditions of section 31(e) of the
        Mineral Leasing Act (30 U.S.C. 188(e)); and
          "(C) certifies that the lessee did not receive a notice of
        termination by the date that was 13 months before the date of
        termination; and
        "(2) the land is available for leasing."

      AUTHORITY FOR ISSUANCE OF LEASES UNAFFECTED BY REINSTATEMENT OF
                                  LEASES
      Section 2 of Pub. L. 87-822 provided that: "Nothing in this Act
    [amending this section] shall be construed as limiting the
    authority of the Secretary of the Interior to issue, during the
    periods in which petitions for reinstatement may be filed, oil and
    gas leases for any of the lands affected."

              OUTER CONTINENTAL SHELF; CANCELLATION OF LEASES          
      Cancellation of mineral leases on submerged lands of outer
    Continental Shelf, see sections 1334 and 1337 of Title 43, Public
    Lands.

-FOOTNOTE-
    (!1) So in original. Probably should be "royalty".


-End-



-CITE-
    30 USC Sec. 188a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 188a. Surrender of leases

-STATUTE-
      The Secretary of the Interior is authorized to accept the
    surrender of any lease issued pursuant to any of the provisions of
    this chapter, or any amendment thereof, where the surrender is
    filed in the Bureau of Land Management subsequent to the accrual
    but prior to the payment of the yearly rental due under the lease,
    upon payment of the accrued rental on a pro rata monthly basis for
    the portion of the lease year prior to the filing of the surrender.
    The authority granted to the Secretary of the Interior by this
    section shall extend only to cases in which he finds that the
    failure of the lessee to file a timely surrender of the lease prior
    to the accrual of the rental was not due to a lack of reasonable
    diligence, but it shall not extend to claims or cases which have
    been referred to the Department of Justice for purposes of suit.

-SOURCE-
    (Nov. 28, 1943, ch. 329, 57 Stat. 593; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Bureau of Land Management" substituted in text for "General Land
    Office" on authority of Reorg. Plan No. 3 of 1946, Sec. 403, set
    out in the Appendix to Title 5, Government Organization and
    Employees.

-End-



-CITE-
    30 USC Sec. 189                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 189. Rules and regulations; boundary lines; State rights
      unaffected; taxation

-STATUTE-
      The Secretary of the Interior is authorized to prescribe
    necessary and proper rules and regulations and to do any and all
    things necessary to carry out and accomplish the purposes of this
    chapter, also to fix and determine the boundary lines of any
    structure, or oil or gas field, for the purposes of this chapter.
    Nothing in this chapter shall be construed or held to affect the
    rights of the States or other local authority to exercise any
    rights which they may have, including the right to levy and collect
    taxes upon improvements, output of mines, or other rights,
    property, or assets of any lessee of the United States.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 32, 41 Stat. 450.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior to promulgate regulations
    under this chapter relating to fostering of competition for Federal
    leases, implementation of alternative bidding systems authorized
    for award of Federal leases, establishment of diligence
    requirements for operations conducted on Federal leases, setting of
    rates for production of Federal leases, and specifying of
    procedures, terms, and conditions for acquisition and disposition
    of Federal royalty interests taken in kind, transferred to
    Secretary of Energy by section 7152(b) of Title 42, The Public
    Health and Welfare. Section 7152(b) of Title 42 was repealed by
    Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,
    and functions of Secretary of Energy returned to Secretary of the
    Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.


-MISC1-
      OUTER CONTINENTAL SHELF; RULES AND REGULATIONS WITH RESPECT TO
                                  LEASES
      Rules and regulations with respect to mineral leases on submerged
    lands of outer Continental Shelf to be prescribed by Secretary of
    the Interior, see section 1334 of Title 43, Public Lands.

-End-



-CITE-
    30 USC Sec. 190                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 190. Oath; requirement; form; blanks

-STATUTE-
      All statements, representations, or reports required by the
    Secretary of the Interior under this chapter shall be upon oath,
    unless otherwise specified by him, and in such form and upon such
    blanks as the Secretary of the Interior may require.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 33, 41 Stat. 450.)

-End-



-CITE-
    30 USC Sec. 191                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 191. Disposition of moneys received

-STATUTE-
    (a) In general
      All money received from sales, bonuses, royalties including
    interest charges collected under the Federal Oil and Gas Royalty
    Management Act of 1982 [30 U.S.C. 1701 et seq.], and rentals of the
    public lands under the provisions of this chapter and the
    Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.], shall be
    paid into the Treasury of the United States; and, subject to the
    provisions of subsection (b) of this section, 50 per centum thereof
    shall be paid by the Secretary of the Treasury to the State other
    than Alaska within the boundaries of which the leased lands or
    deposits are or were located; said moneys paid to any of such
    States on or after January 1, 1976, to be used by such State and
    its subdivisions, as the legislature of the State may direct giving
    priority to those subdivisions of the State socially or
    economically impacted by development of minerals leased under this
    chapter, for (i) planning, (ii) construction and maintenance of
    public facilities, and (iii) provision of public service; and
    excepting those from Alaska, 40 per centum thereof shall be paid
    into, reserved, appropriated, as part of the reclamation fund
    created by the Act of Congress known as the Reclamation Act,
    approved June 17, 1902, and of those from Alaska, 90 per centum
    thereof shall be paid to the State of Alaska for disposition by the
    legislature thereof: Provided, That all moneys which may accrue to
    the United States under the provisions of this chapter and the
    Geothermal Steam Act of 1970 from lands within the naval petroleum
    reserves shall be deposited in the Treasury as "miscellaneous
    receipts", as provided by section 7433(b) of title 10. All moneys
    received under the provisions of this chapter and the Geothermal
    Steam Act of 1970 not otherwise disposed of by this section shall
    be credited to miscellaneous receipts. Payments to States under
    this section with respect to any moneys received by the United
    States, shall be made not later than the last business day of the
    month in which such moneys are warranted by the United States
    Treasury to the Secretary as having been received, except for any
    portion of such moneys which is under challenge and placed in a
    suspense account pending resolution of a dispute. Such warrants
    shall be issued by the United States Treasury not later than 10
    days after receipt of such moneys by the Treasury. Moneys placed in
    a suspense account which are determined to be payable to a State
    shall be made not later than the last business day of the month in
    which such dispute is resolved. Any such amount placed in a
    suspense account pending resolution shall bear interest until the
    dispute is resolved.
    (b) Administrative costs
      In determining the amount of payments to the States under this
    section, the amount of such payments shall not be reduced by any
    administrative or other costs incurred by the United States.
    (c) Rentals received on or after August 8, 2005
      (1) Notwithstanding the first sentence of subsection (a) of this
    section, any rentals received from leases in any State (other than
    the State of Alaska) on or after August 8, 2005, shall be deposited
    in the Treasury, to be allocated in accordance with paragraph (2).
      (2) Of the amounts deposited in the Treasury under paragraph (1) -
     
        (A) 50 percent shall be paid by the Secretary of the Treasury
      to the State within the boundaries of which the leased land is
      located or the deposits were derived; and
        (B) 50 percent shall be deposited in a special fund in the
      Treasury, to be known as the "BLM Permit Processing Improvement
      Fund" (referred to in this subsection as the "Fund").

      (3) For each of fiscal years 2006 through 2015, the Fund shall be
    available to the Secretary of the Interior for expenditure, without
    further appropriation and without fiscal year limitation, for the
    coordination and processing of oil and gas use authorizations on
    onshore Federal land under the jurisdiction of the Pilot Project
    offices identified in section 15924(d) of title 42.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 35, 41 Stat. 450; May 27, 1947, ch.
    83, 61 Stat. 119; Aug. 3, 1950, ch. 527, 64 Stat. 402; Pub. L. 85-
    88, Sec. 2, July 10, 1957, 71 Stat. 282; Pub. L. 85-508, Secs.
    6(k), 28(b), July 7, 1958, 72 Stat. 343, 351; Pub. L. 94-273, Sec.
    6(2), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94-377, Sec. 9, Aug. 4,
    1976, 90 Stat. 1089; Pub. L. 94-422, title III, Sec. 301, Sept. 28,
    1976, 90 Stat. 1323; Pub. L. 94-579, title III, Sec. 317(a), Oct.
    21, 1976, 90 Stat. 2770; Pub. L. 97-451, title I, Secs. 104(a),
    111(g), Jan. 12, 1983, 96 Stat. 2451, 2456; Pub. L. 100-203, title
    V, Sec. 5109, Dec. 22, 1987, 101 Stat. 1330-261; Pub. L. 100-443,
    Sec. 5(b), Sept. 22, 1988, 102 Stat. 1768; Pub. L. 103-66, title X,
    Sec. 10201, Aug. 10, 1993, 107 Stat. 407; Pub. L. 106-393, title V,
    Sec. 503, Oct. 30, 2000, 114 Stat. 1624; Pub. L. 109-58, title III,
    Sec. 365(g), Aug. 8, 2005, 119 Stat. 725.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Oil and Gas Royalty Management Act of 1982, referred
    to in subsec. (a), is Pub. L. 97-451, Jan. 12, 1983, 96 Stat. 2447,
    which is classified generally to chapter 29 (Sec. 1701 et seq.) of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1701 of this title and
    Tables.
      The Geothermal Steam Act of 1970, referred to in subsec. (a), is
    Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, which is classified
    principally to chapter 23 (Sec. 1001 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1001 of this title and Tables.
      The Reclamation Act, referred to in subsec. (a), is act June 17,
    1902, ch. 1093, 32 Stat. 388, as amended, which is classified
    generally to chapter 12 (Sec. 371 et seq.) of Title 43, Public
    Lands. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of Title 43 and Tables.

-COD-
                               CODIFICATION                           
      "Section 7433(b) of title 10" substituted in subsec. (a) for "the
    Act of June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52
    Stat. 1252)", which was classified to section 524 of former Title
    34, Navy, on authority of act Aug. 10, 1956, ch. 1041, Sec. 49(b),
    70A Stat. 640, the first section of which enacted Title 10, Armed
    Forces.
      Provisions of subsec. (a) which authorized the payment of monies
    to the Territory of Alaska were omitted as superseded by the
    provisions authorizing the payment of monies to the State of
    Alaska.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c). Pub. L. 109-58 added subsec. (c).
      2000 - Subsec. (b). Pub. L. 106-393 amended subsec. (b)
    generally. Prior to amendment, subsec. (b) related to deductions
    for administration from the amount to be paid to States under this
    section or under other laws requiring payment to a State of
    revenues derived from the leasing of onshore lands owned by the
    United States for the production of the same types of minerals
    leasable under this chapter or of geothermal steam.
      1993 - Pub. L. 103-66 struck out last sentence, designated
    remaining provisions as subsec. (a) and in first sentence inserted
    "and, subject to the provisions of subsection (b) of this section,"
    before "50 per centum", and added subsec. (b). Prior to amendment,
    last sentence read as follows: "In determining the amount of
    payments to States under this section, the amount of such payments
    shall not be reduced by any administrative or other costs incurred
    by the United States."
      1988 - Pub. L. 100-443 struck out "notwithstanding the provisions
    of section 20 thereof," before "shall be paid".
      1987 - Pub. L. 100-203 inserted at end "In determining the amount
    of payments to States under this section, the amount of such
    payments shall not be reduced by any administrative or other costs
    incurred by the United States."
      1983 - Pub. L. 97-451, Sec. 111(g), inserted reference to
    interest charges collected under the Federal Oil and Gas Royalty
    Management Act of 1982.
      Pub. L. 97-451, Sec. 104(a), struck out "as soon as practicable
    after March 31 and September 30 of each year" after "Secretary of
    the Treasury" and "of those from Alaska", and inserted at end
    provisions directing that payments to States be made not later than
    the last business day of the month in which such moneys are
    warranted by the United States Treasury to the Secretary as having
    been received, that warrants be issued by the Treasury not later
    than 10 days after receipt of the money by the Treasury, that
    moneys placed in a suspense account which are determined to be
    payable to a State be made not later than the last business day of
    the month in which a dispute is resolved, and that amounts placed
    in a suspense account pending resolution bear interest until the
    dispute is resolved.
      1976 - Pub. L. 94-579 substituted provisions setting forth
    determination of amount, time for payments, and manner of
    expenditure by the States of all moneys received from sales, etc.,
    under provisions of this chapter and the Geothermal Steam Act of
    1970, and proviso relating to naval petroleum reserve moneys, for
    provisions setting forth determination of amount and time for
    payment to the States of all moneys received from sales, etc.,
    under the provisions of this chapter, and provisos relating to
    naval petroleum reserve moneys, additional moneys from sales, etc.,
    under this chapter and the Geothermal Steam Act of 1970, and
    expenditure of State oil shale funds.
      Pub. L. 94-422 inserted proviso that all moneys paid to any State
    from sales, bonuses, royalties, and rentals of oil shale in public
    lands may be used by any State for planning, construction, and
    maintenance of public facilities as legislature of State may
    direct.
      Pub. L. 94-377 substituted "40 per centum thereof shall be paid
    into, reserved" for "52 1/2  per centum thereof shall be paid into,
    reserved", inserted "and the Geothermal Steam Act of 1970,
    notwithstanding the provisions of section 20 thereof" before "shall
    be paid into the Treasury of the United States", "and the
    Geothermal Steam Act of 1970" before "from lands within the naval
    petroleum reserves" and before "not otherwise disposed of by this
    section", and provisos relating to the payment of an additional 12
    1/2  per centum of all money received from lands under provisions
    of this chapter and the Geothermal Steam Act of 1970 to the State
    within whose boundaries the lands are located, to be used for
    construction of public facilities, and relating to the use of funds
    received by Colorado and Utah under the specified leases.
      Pub. L. 94-273 substituted "March" for "December" and "September"
    for "June".
      1958 - Pub. L. 85-508, Secs. 6(k), 28(b), struck out provisions
    which related to disposition of proceeds or income derived by the
    United States from mineral school sections in the Territory of
    Alaska and substituted ", and of those from Alaska 52 1/2  per
    centum thereof shall be paid to the State of Alaska for disposition
    by the legislators thereof" for ", and of those from Alaska 52 1/2 
    per centum thereof shall be paid to the Territory of Alaska for
    disposition by the Legislature of the Territory of Alaska" before
    proviso.
      1957 - Pub. L. 85-88 inserted ", and of those from Alaska 52 1/2 
    per centum thereof shall be paid to the Territory of Alaska for
    disposition by the Legislature of the Territory of Alaska" before
    proviso.
      1950 - Act Aug. 3, 1950, in providing that payments to States be
    made bi-annually instead of annually, substituted "as soon as
    practicable after December 31 and June 30 of each year" for "after
    the expiration of each fiscal year".
      1947 - Act May 27, 1947, extended provisions by allocating 37 1/2
    % of the money received from sales, bonuses, royalties, and rentals
    of public lands to the Territory of Alaska, for the construction
    and maintenance of public schools or other public educational
    institutions and inserted provisions relating to disposition of
    proceeds or income derived by the United States from mineral school
    sections in the Territory of Alaska.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by section 104(a) of Pub. L. 97-451 applicable with
    respect to payments received by the Secretary of the Treasury after
    Oct. 1, 1983, unless the Secretary by rule, prescribes an earlier
    effective date, see section 104(c) of Pub. L. 97-451, set out as an
    Effective Date note under section 1714 of this title.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of Title 43, Public Lands.

                                 FINDINGS                             
      Pub. L. 106-393, title V, Sec. 502, Oct. 30, 2000, 114 Stat.
    1624, provided that: "The Congress finds the following:
        "(1) Section 10201 of the Omnibus Budget Reconciliation Act of
      1993 (Public Law 103-66; 107 Stat. 407) amended section 35 of the
      Mineral Leasing Act (30 U.S.C. 191) to change the sharing of
      onshore mineral revenues and revenues from geothermal steam from
      a 50:50 split between the Federal Government and the States to a
      complicated formula that entailed deducting from the State share
      of leasing revenues '50 percent of the portion of the enacted
      appropriations of the Department of the Interior and any other
      agency during the preceding fiscal year allocable to the
      administration of all laws providing for the leasing of any
      onshore lands or interest in land owned by the United States for
      the production of the same types of minerals leasable under this
      Act or of geothermal steam, and to enforcement of such laws * *
      *'.
        "(2) There is no legislative record to suggest a sound public
      policy rationale for deducting prior-year administrative expenses
      from the sharing of current-year receipts, indicating that this
      change was made primarily for budget scoring reasons.
        "(3) The system put in place by this change in law has proved
      difficult to administer and has given rise to disputes between
      the Federal Government and the States as to the nature of
      allocable expenses. Federal accounting systems have proven to be
      poorly suited to breaking down administrative costs in the manner
      required by the law. Different Federal agencies implementing this
      law have used varying methodologies to identify allocable costs,
      resulting in an inequitable distribution of costs during fiscal
      years 1994 through 1996. In November 1997, the Inspector General
      of the Department of the Interior found that 'the congressionally
      approved method for cost sharing deductions effective in fiscal
      year 1997 may not accurately compute the deductions'.
        "(4) Given the lack of a substantive rationale for the 1993
      change in law and the complexity and administrative burden
      involved, a return to the sharing formula prior to the enactment
      of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993]
      is justified."

    FUNDS HELD BY COLORADO AND UTAH FROM INTERIOR DEPARTMENT OIL SHALE
                                TEST LEASES
      Section 317(b) of Pub. L. 94-579 provided that: "Funds now held
    pursuant to said section 35 [this section] by the States of
    Colorado and Utah separately from the Department of the Interior
    oil shale test leases known as C-A; C-B; U-A and U-B shall be used
    by such States and subdivisions as the legislature of each State
    may direct giving priority to those subdivisions socially or
    economically impacted by the development of minerals leased under
    this Act for (1) planning, (2) construction and maintenance of
    public facilities, and (3) provision of public services."

                       ADMISSION OF ALASKA AS STATE                   
      Effectiveness of amendment by Pub. L. 85-508 was dependent on
    admission of Alaska into the Union under sections 6(k) and 8(b) of
    Pub. L. 85-508. Admission was accomplished Jan. 3, 1959, on
    issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16,
    as required by sections 1 and 8(c) of Pub. L. 85-508. See notes
    preceding section 21 of Title 48, Territories and Insular
    Possessions.

               OUTER CONTINENTAL SHELF; REVENUES FROM LEASES           
      Disposition of revenues from leases on submerged lands of outer
    Continental Shelf, see sections 1337 and 1338 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 191a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 191a. Late payment charges under Federal mineral leases

-STATUTE-
    (a) Distribution of late payment charges
      Any interest or other charges paid to the United States by reason
    of the late payment of any royalty, rent, bonus, or other amount
    due to the United States under any lease issued by the United
    States for the extraction of oil, gas, coal, or any other mineral,
    or for geothermal steam, shall be deposited in the same account and
    distributed to the same recipients, in the same manner, as such
    royalty, rent, bonus, or other amount.
    (b) Effective date
      Subsection (a) of this section shall apply with respect to any
    interest, or other charge referred to in subsection (a) of this
    section, which is paid to the United States on or after July 1,
    1988.
    (c) Prohibition against recoupment
      Any interest, or other charge referred to in subsection (a) of
    this section, which was paid to the United States before July 1,
    1988, and distributed to any State or other recipient is hereby
    deemed to be authorized and approved as of the date of payment or
    distribution, and no part of any such payment or distribution shall
    be recouped from the State or other recipient. This subsection
    shall not apply to interest or other charges paid in connection
    with any royalty, rent, bonus, or other amount determined not to be
    owing to the United States.

-SOURCE-
    (Pub. L. 100-524, Sec. 7, Oct. 24, 1988, 102 Stat. 2607.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Congaree Swamp National
    Monument Expansion and Wilderness Act, and not as part of act Feb.
    25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
    which comprises this chapter.

-End-



-CITE-
    30 USC Sec. 191b                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 191b. Collection of unpaid and underpaid royalties and late
      payment interest owed by lessees

-STATUTE-
      Beginning in fiscal year 1996 and thereafter, the Secretary shall
    take appropriate action to collect unpaid and underpaid royalties
    and late payment interest owed by Federal and Indian mineral
    lessees and other royalty payors on amounts received in settlement
    or other resolution of disputes under, and for partial or complete
    termination of, sales agreements for minerals from Federal and
    Indian leases.

-SOURCE-
    (Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-167; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.


-MISC1-
                            SIMILAR PROVISIONS                        
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2508.

-End-



-CITE-
    30 USC Sec. 192                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 192. Payment of royalties in oil or gas; sale of such oil or
      gas

-STATUTE-
      All royalty accruing to the United States under any oil or gas
    lease or permit under this chapter on demand of the Secretary of
    the Interior shall be paid in oil or gas.
      Upon granting any oil or gas lease under this chapter, and from
    time to time thereafter during said lease, the Secretary of the
    Interior shall, except whenever in his judgment it is desirable to
    retain the same for the use of the United States, offer for sale
    for such period as he may determine, upon notice and advertisement
    on sealed bids or at public auction, all royalty oil and gas
    accruing or reserved to the United States under such lease. Such
    advertisement and sale shall reserve to the Secretary of the
    Interior the right to reject all bids whenever within his judgment
    the interest of the United States demands; and in cases where no
    satisfactory bid is received or where the accepted bidder fails to
    complete the purchase, or where the Secretary of the Interior shall
    determine that it is unwise in the public interest to accept the
    offer of the highest bidder, the Secretary of the Interior, within
    his discretion, may readvertise such royalty for sale, or sell at
    private sale at not less than the market price for such period, or
    accept the value thereof from the lessee: Provided, That inasmuch
    as the public interest will be served by the sale of royalty oil to
    refineries not having their own source of supply for crude oil, the
    Secretary of the Interior, when he determines that sufficient
    supplies of crude oil are not available in the open market to such
    refineries, is authorized and directed to grant preference to such
    refineries in the sale of oil under the provisions of this section,
    for processing or use in such refineries and not for resale in
    kind, and in so doing may sell to such refineries at private sale
    at not less than the market price any royalty oil accruing or
    reserved to the United States under leases issued pursuant to this
    chapter: Provided further, That in selling such royalty oil the
    Secretary of the Interior may at his discretion prorate such oil
    among such refineries in the area in which the oil is produced:
    Provided, however, That pending the making of a permanent contract
    for the sale of any royalty, oil or gas as herein provided, the
    Secretary of the Interior may sell the current product at private
    sale, at not less than the market price: And provided further, That
    any royalty, oil, or gas may be sold at not less than the market
    price at private sale to any department or agency of the United
    States.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 36, 41 Stat. 451; July 13, 1946, ch.
    574, 60 Stat. 533.)


-MISC1-
                                AMENDMENTS                            
      1946 - Act July 13, 1946, inserted first two provisos which were
    enacted in order to assist small business enterprise by encouraging
    the operation of oil refineries not having an adequate supply of
    crude oil.

              OUTER CONTINENTAL SHELF; ROYALTIES FROM LEASES          
      Payment of royalties from mineral leases on submerged lands of
    outer Continental Shelf, see section 1337 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 192a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 192a. Cancellation or modification of contracts

-STATUTE-
      Where, under any existing contract entered into pursuant to the
    first proviso in the second paragraph of section 192 of this title,
    any refinery is required to pay a premium price for the purchase of
    Government royalty oil, such refinery may, at its option, by
    written notice to the Secretary of the Interior, elect either - 
        (1) to terminate such contract, the termination to take place
      at the end of the calendar month following the month in which
      such notice is given; or
        (2) to retain such contract with the modifications, that (a)
      the price, on and after March 1, 1949, shall be as defined in the
      contract, without premium payments, (b) any credit thereby
      resulting from past premium payments shall be added to the
      refinery's account, and (c) the Secretary may, at his option,
      elect to terminate the contract as so modified, such termination
      to take place at the end of the third calendar month following
      the month in which written notice thereof is given by the
      Secretary.

-SOURCE-
    (Sept. 1, 1949, ch. 529, Sec. 1, 63 Stat. 682.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-End-



-CITE-
    30 USC Sec. 192b                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 192b. Application to contracts

-STATUTE-
      The provisions of sections 192a to 192c of this title shall apply
    to all existing contracts for the purchase of Government royalty
    oil entered into after July 13, 1946, and prior to September 1,
    1949, irrespective of whether a determination of preference status
    was made in connection with the award of such contracts, but shall
    not apply to any such contract which subsequent to its award has
    been transferred, through the acquisition of stock interests or
    other transactions, to the ownership or control of a refinery
    ineligible for a preference under section 192 of this title, and
    the regulations in force thereunder at the time of such transfer.

-SOURCE-
    (Sept. 1, 1949, ch. 529, Sec. 2, 63 Stat. 682.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-End-



-CITE-
    30 USC Sec. 192c                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 192c. Rules and regulations governing issuance of certain
      leases; disposition of receipts

-STATUTE-
      The Secretary of the Interior is authorized under general rules
    and regulations to be prescribed by him to issue leases or permits
    for the exploration, development, and utilization of the mineral
    deposits, other than those subject to the provisions of chapter 7
    of this title, in those lands added to the Shasta National Forest
    by the Act of March 19, 1948 (Public Law 449, Eightieth Congress),
    which were acquired with funds of the United States or lands
    received in exchange therefor: Provided, That any permit or lease
    of such deposits in lands administered by the Secretary of
    Agriculture shall be issued only with his consent and subject to
    such conditions as he may prescribe to insure the adequate
    utilization of the lands for the purposes set forth in the Act of
    March 19, 1948: And provided further, That all receipts derived
    from leases or permits issued under the authority of sections 192a
    to 192c of this title shall be paid into the same funds or accounts
    in the Treasury and shall be distributed in the same manner as
    prescribed for other receipts from the lands affected by the lease
    or permit, the intention of this provision being that sections 192a
    to 192c of this title shall not affect the distribution of receipts
    pursuant to legislation applicable to such lands.

-SOURCE-
    (Sept. 1, 1949, ch. 529, Sec. 3, 63 Stat. 683.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 19, 1948 (Public Law 449, Eightieth Congress),
    referred to in text, is act Mar. 19, 1948, ch. 139, 62 Stat. 83.
    See Shasta National Forest codification note set out under sections
    486a to 486w of Title 16, Conservation.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior under this section, with
    respect to use and disposal from lands under jurisdiction of
    Secretary of Agriculture of those mineral materials which Secretary
    of Agriculture is authorized to dispose of from other lands under
    his jurisdiction under sections 601 to 604 and 611 to 615 of this
    title, see Pub. L. 86-509, June 11, 1960, 74 Stat. 205, set out as
    a Transfer of Functions from Secretary of the Interior to Secretary
    of Agriculture note under section 2201 of Title 7, Agriculture.

-End-



-CITE-
    30 USC Sec. 193                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 193. Disposition of deposits of coal, and so forth

-STATUTE-
      The deposits of coal, phosphate, sodium, potassium, oil, oil
    shale, and gas, herein referred to, in lands valuable for such
    minerals, including lands and deposits in Lander, Wyoming, coal
    entries numbered 18 to 49, inclusive, shall be subject to
    disposition only in the form and manner provided in this chapter,
    except as provided in sections 1716 and 1719 of title 43, and
    except as to valid claims existent on February 25, 1920, and
    thereafter maintained in compliance with the laws under which
    initiated, which claims may be perfected under such laws, including
    discovery.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 37, 41 Stat. 451; Feb. 7, 1927, ch.
    66, Sec. 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, Sec. 11, 60 Stat.
    957; Pub. L. 95-554, Sec. 4, Oct. 30, 1978, 92 Stat. 2074.)

-COD-
                               CODIFICATION                           
      Section was from act Feb. 25, 1920, in which words now reading
    "in Lander, Wyoming, coal entries numbered 18 to 49, inclusive,"
    originally read "described in the joint resolution entitled 'Joint
    resolution authorizing the Secretary of the Interior to permit the
    continuation of coal mining operations on certain lands in
    Wyoming,' approved August 12, 1912, (Thirty-seven Statutes at Large
    p. 1346)." The change was effected by interpolation, in lieu of the
    reference to the 1912 resolution, the actual description of lands
    contained in said resolution.


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-554 provided for disposition of minerals as
    provided in sections 1716 and 1719 of title 43.
      1946 - Act Aug. 8, 1946, excluded from section 5 of act Feb. 7,
    1927, the incorporation, by reference, of section 181 of this
    title, and reenacted inclusion of deposits of potassium.
      1927 - Act Feb. 7, 1927, included deposits of potassium.

-End-



-CITE-
    30 USC Sec. 193a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 193a. Preference right of United States to purchase coal for
      Army and Navy; price for coal; civil actions; jurisdiction

-STATUTE-
      The United States shall, at all times, have the preference right
    to purchase so much of the product of any mine or mines opened upon
    the lands sold under the provisions of this Act, as may be
    necessary for the use of the Army and Navy, and at such reasonable
    and remunerative price as may be fixed by the President; but the
    producers of any coal so purchased who may be dissatisfied with the
    price thus fixed shall have the right to prosecute suits against
    the United States in the United States Court of Federal Claims for
    the recovery of any additional sum or sums they may claim as justly
    due upon such purchase.

-SOURCE-
    (May 28, 1908, ch. 211, Sec. 2, 35 Stat. 424; Pub. L. 97-164, title
    I, Sec. 160(a)(10), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102-572,
    title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act May 28, 1908, ch. 211, 35
    Stat. 424. Sections 1, 3, and 4 of this Act related to
    consolidation of claims permitted and the limit of acreage,
    prohibition against unlawful trusts, etc., and contents of patents,
    respectively, and are not classified to the Code.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.
      Section was formerly classified to section 453 of Title 48,
    Territories and Insular Possessions.


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-572 substituted "United States Court of
    Federal Claims" for "United States Claims Court".
      1982 - Pub. L. 97-164 substituted "United States Claims Court"
    for "Court of Claims".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.

-End-



-CITE-
    30 USC Sec. 194                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 194. Repealed.

-MISC1-
    Sec. 194. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 644.
      Section, acts Feb. 25, 1920, ch. 85, Sec. 38, 41 Stat. 451; Mar.
    3, 1925, ch. 462, 43 Stat. 1145, related to fees and commissions of
    registers (successors to consolidated offices of registers and
    receivers), the predecessors of managers.

-End-



-CITE-
    30 USC Sec. 195                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 195. Enforcement

-STATUTE-
    (a) Violations
      It shall be unlawful for any person:
        (1) to organize or participate in any scheme, arrangement,
      plan, or agreement to circumvent or defeat the provisions of this
      chapter or its implementing regulations, or
        (2) to seek to obtain or to obtain any money or property by
      means of false statements of material facts or by failing to
      state material facts concerning:
          (A) the value of any lease or portion thereof issued or to be
        issued under this chapter;
          (B) the availability of any land for leasing under this
        chapter;
          (C) the ability of any person to obtain leases under this
        chapter; or
          (D) the provisions of this chapter and its implementing
        regulations.
    (b) Penalty
      Any person who knowingly violates the provisions of subsection
    (a) of this section shall be punished by a fine of not more than
    $500,000, imprisonment for not more than five years, or both.
    (c) Civil actions
      Whenever it shall appear that any person is engaged, or is about
    to engage, in any act which constitutes or will constitute a
    violation of subsection (a) of this section, the Attorney General
    may institute a civil action in the district court of the United
    States for the judicial district in which the defendant resides or
    in which the violation occurred or in which the lease or land
    involved is located, for a temporary restraining order, injunction,
    civil penalty of not more than $100,000 for each violation, or
    other appropriate remedy, including but not limited to, a
    prohibition from participation in exploration, leasing, or
    development of any Federal mineral, or any combination of the
    foregoing.
    (d) Corporations
      (1) Whenever a corporation or other entity is subject to civil or
    criminal action under this section, any officer, employee, or agent
    of such corporation or entity who knowingly authorized, ordered, or
    carried out the proscribed activity shall be subject to the same
    action.
      (2) Whenever any officer, employee, or agent of a corporation or
    other entity is subject to civil or criminal action under this
    section for activity conducted on behalf of the corporation or
    other entity, the corporation or other entity shall be subject to
    the same action, unless it is shown that the officer, employee, or
    agent was acting without the knowledge or consent of the
    corporation or other entity.
    (e) Remedies, fines, and imprisonment
      The remedies, penalties, fines, and imprisonment prescribed in
    this section shall be concurrent and cumulative and the exercise of
    one shall not preclude the exercise of the others. Further, the
    remedies, penalties, fines, and imprisonment prescribed in this
    section shall be in addition to any other remedies, penalties,
    fines, and imprisonment afforded by any other law or regulation.
    (f) State civil actions
      (1) A State may commence a civil action under subsection (c) of
    this section against any person conducting activity within the
    State in violation of this section. Civil actions brought by a
    State shall only be brought in the United States district court for
    the judicial district in which the defendant resides or in which
    the violation occurred or in which the lease or land involved is
    located. The district court shall have jurisdiction, without regard
    to the amount in controversy or the citizenship of the parties, to
    order appropriate remedies and penalties as described in subsection
    (c) of this section.
      (2) A State shall notify the Attorney General of the United
    States of any civil action filed by the State under this subsection
    within 30 days of filing of the action. The Attorney General of the
    United States shall notify a State of any civil action arising from
    activity conducted within that State filed by the Attorney General
    under this subsection within 30 days of filing of the action.
      (3) Any civil penalties recovered by a State under this
    subsection shall be retained by the State and may be expended in
    such manner and for such purposes as the State deems appropriate.
    If a civil action is jointly brought by the Attorney General and a
    State, by more than one State or by the Attorney General and more
    than one State, any civil penalties recovered as a result of the
    joint action shall be shared by the parties bringing the action in
    the manner determined by the court rendering judgment in such
    action.
      (4) If a State has commenced a civil action against a person
    conducting activity within the State in violation of this section,
    the Attorney General may join in such action but may not institute
    a separate action arising from the same activity under this
    section. If the Attorney General has commenced a civil action
    against a person conducting activity within a State in violation of
    this section, that State may join in such action but may not
    institute a separate action arising from the same activity under
    this section.
      (5) Nothing in this section shall deprive a State of jurisdiction
    to enforce its own civil and criminal laws against any person who
    may also be subject to civil and criminal action under this
    section.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 41, as added Pub. L. 100-203, title V,
    Sec. 5108, Dec. 22, 1987, 101 Stat. 1330-260.)

-End-



-CITE-
    30 USC Sec. 196                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 196. Cooperative agreements; delegation of authority

-STATUTE-
      Notwithstanding any other provision of law, for fiscal year 1992
    and each year thereafter, the Secretary of the Interior or his
    designee is authorized to - 
        (a) enter into a cooperative agreement or agreements with any
      State or Indian tribe to share royalty management information, to
      carry out inspection, auditing, investigation or enforcement (not
      including the collection of royalties, civil penalties, or other
      payments) activities in cooperation with the Secretary, except
      that the Secretary shall not enter into such cooperative
      agreement with a State with respect to any such activities on
      Indian lands except with the permission of the Indian tribe
      involved; and
        (b) upon written request of any State, to delegate to the State
      all or part of the authorities and responsibilities of the
      Secretary under the authorizing leasing statutes, leases, and
      regulations promulgated pursuant thereto to conduct audits,
      investigations, and inspections, except that the Secretary shall
      not undertake such a delegation with respect to any Indian lands
      except with permission of the Indian tribe involved,

    with respect to any lease authorizing exploration for or
    development of coal, any other solid mineral, or geothermal steam
    on any Federal lands or Indian lands within the State or with
    respect to any lease or portion of a lease subject to section
    1337(g) of title 43, on the same terms and conditions as those
    authorized for oil and gas leases under sections 1732, 1733, 1735,
    and 1736 of this title and the regulations duly promulgated with
    respect thereto: Provided further, That section 1734 of this title
    shall apply to leases authorizing exploration for or development of
    coal, any other solid mineral, or geothermal steam on any Federal
    lands, or to any lease or portion of a lease subject to section
    1337(g) of title 43: Provided further, That the Secretary shall
    compensate any State or Indian tribe for those costs which are
    necessary to carry out activities conducted pursuant to such
    cooperative agreement or delegation.

-SOURCE-
    (Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1001.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-End-


-CITE-
    30 USC SUBCHAPTER II - COAL                                 01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
                           SUBCHAPTER II - COAL                       

-End-



-CITE-
    30 USC Sec. 201                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 201. Leases and exploration

-STATUTE-
    (a) Leases
      (1) The Secretary of the Interior is authorized to divide any
    lands subject to this chapter which have been classified for coal
    leasing into leasing tracts of such size as he finds appropriate
    and in the public interest and which will permit the mining of all
    coal which can be economically extracted in such tract and
    thereafter he shall, in his discretion, upon the request of any
    qualified applicant or on his own motion, from time to time, offer
    such lands for leasing and shall award leases thereon by
    competitive bidding: Provided, That notwithstanding the competitive
    bidding requirement of this section, the Secretary may, subject to
    such conditions which he deems appropriate, negotiate the sale at
    fair market value of coal the removal of which is necessary and
    incidental to the exercise of a right-of-way permit issued pursuant
    to title V of the Federal Land Policy and Management Act of 1976
    [43 U.S.C. 1761 et seq.]. No less than 50 per centum of the total
    acreage offered for lease by the Secretary in any one year shall be
    leased under a system of deferred bonus payment. Upon default or
    cancellation of any coal lease for which bonus payments are due,
    any unpaid remainder of the bid shall be immediately payable to the
    United States. A reasonable number of leasing tracts shall be
    reserved and offered for lease in accordance with this section to
    public bodies, including Federal agencies, rural electric
    cooperatives, or nonprofit corporations controlled by any of such
    entities: Provided, That the coal so offered for lease shall be for
    use by such entity or entities in implementing a definite plan to
    produce energy for their own use or for sale to their members or
    customers (except for short-term sales to others). No bid shall be
    accepted which is less than the fair market value, as determined by
    the Secretary, of the coal subject to the lease. Prior to his
    determination of the fair market value of the coal subject to the
    lease, the Secretary shall give opportunity for and consideration
    to public comments on the fair market value. Nothing in this
    section shall be construed to require the Secretary to make public
    his judgment as to the fair market value of the coal to be leased,
    or the comments he receives thereon prior to the issuance of the
    lease. He is authorized, in awarding leases for coal lands improved
    and occupied or claimed in good faith, prior to February 25, 1920,
    to consider and recognize equitable rights of such occupants or
    claimants.
      (2)(A) The Secretary shall not issue a lease or leases under the
    terms of this chapter to any person, association, corporation, or
    any subsidiary, affiliate, or persons controlled by or under common
    control with such person, association, or corporation, where any
    such entity holds a lease or leases issued by the United States to
    coal deposits and has held such lease or leases for a period of ten
    years when such entity is not, except as provided for in section
    207(b) of this title, producing coal from the lease deposits in
    commercial quantities. In computing the ten-year period referred to
    in the preceding sentence, periods of time prior to August 4, 1976,
    shall not be counted.
      (B) Any lease proposal which permits surface coal mining within
    the boundaries of a National Forest which the Secretary proposes to
    issue under this chapter shall be submitted to the Governor of each
    State within which the coal deposits subject to such lease are
    located. No such lease may be issued under this chapter before the
    expiration of the sixty-day period beginning on the date of such
    submission. If any Governor to whom a proposed lease was submitted
    under this subparagraph objects to the issuance of such lease, such
    lease shall not be issued before the expiration of the six-month
    period beginning on the date the Secretary is notified by the
    Governor of such objection. During such six-month period, the
    Governor may submit to the Secretary a statement of reasons why
    such lease should not be issued and the Secretary shall, on the
    basis of such statement, reconsider the issuance of such lease.
      (3)(A)(i) No lease sale shall be held unless the lands containing
    the coal deposits have been included in a comprehensive land-use
    plan and such sale is compatible with such plan. The Secretary of
    the Interior shall prepare such land-use plans on lands under his
    responsibility where such plans have not been previously prepared.
    The Secretary of the Interior shall inform the Secretary of
    Agriculture of substantial development interest in coal leasing on
    lands within the National Forest System. Upon receipt of such
    notification from the Secretary of the Interior, the Secretary of
    Agriculture shall prepare a comprehensive land-use plan for such
    areas where such plans have not been previously prepared. The plan
    of the Secretary of Agriculture shall take into consideration the
    proposed coal development in these lands: Provided, That where the
    Secretary of the Interior finds that because of non-Federal
    interest in the surface or because the coal resources are
    insufficient to justify the preparation costs of a Federal
    comprehensive land-use plan, the lease sale can be held if the
    lands containing the coal deposits have been included in either a
    comprehensive land-use plan prepared by the State within which the
    lands are located or a land use analysis prepared by the Secretary
    of the Interior.
      (ii) In preparing such land-use plans, the Secretary of the
    Interior or, in the case of lands within the National Forest
    System, the Secretary of Agriculture, or in the case of a finding
    by the Secretary of the Interior that because of non-Federal
    interests in the surface or insufficient Federal coal, no Federal
    comprehensive land-use plans can be appropriately prepared, the
    responsible State entity shall consult with appropriate State
    agencies and local governments and the general public and shall
    provide an opportunity for public hearing on proposed plans prior
    to their adoption, if requested by any person having an interest
    which is, or may be, adversely affected by the adoption of such
    plans.
      (iii) Leases covering lands the surface of which is under the
    jurisdiction of any Federal agency other than the Department of the
    Interior may be issued only upon consent of the other Federal
    agency and upon such conditions as it may prescribe with respect to
    the use and protection of the nonmineral interests in those lands.
      (B) Each land-use plan prepared by the Secretary (or in the case
    of lands within the National Forest System, the Secretary of
    Agriculture pursuant to subparagraph (A)(i)) shall include an
    assessment of the amount of coal deposits in such land, identifying
    the amount of such coal which is recoverable by deep mining
    operations and the amount of such coal which is recoverable by
    surface mining operations.
      (C) Prior to issuance of any coal lease, the Secretary shall
    consider effects which mining of the proposed lease might have on
    an impacted community or area, including, but not limited to,
    impacts on the environment, on agricultural and other economic
    activities, and on public services. Prior to issuance of a lease,
    the Secretary shall evaluate and compare the effects of recovering
    coal by deep mining, by surface mining, and by any other method to
    determine which method or methods or sequence of methods achieves
    the maximum economic recovery of the coal within the proposed
    leasing tract. This evaluation and comparison by the Secretary
    shall be in writing but shall not prohibit the issuance of a lease;
    however, no mining operating plan shall be approved which is not
    found to achieve the maximum economic recovery of the coal within
    the tract. Public hearings in the area shall be held by the
    Secretary prior to the lease sale.
      (D) No lease sale shall be held until after the notice of the
    proposed offering for lease has been given once a week for three
    consecutive weeks in a newspaper of general circulation in the
    county in which the lands are situated in accordance with
    regulations prescribed by the Secretary.
      (E) Each coal lease shall contain provisions requiring compliance
    with the Federal Water Pollution Control Act (33 U.S.C. 1151-1175)
    [33 U.S.C. 1251 et seq.] and the Clean Air Act [42 U.S.C. 7401 et
    seq.].
      (4)(A) The Secretary shall not require a surety bond or any other
    financial assurance to guarantee payment of deferred bonus bid
    installments with respect to any coal lease issued on a cash bonus
    bid to a lessee or successor in interest having a history of a
    timely payment of noncontested coal royalties and advanced coal
    royalties in lieu of production (where applicable) and bonus bid
    installment payments.
      (B) The Secretary may waive any requirement that a lessee provide
    a surety bond or other financial assurance to guarantee payment of
    deferred bonus bid installment with respect to any coal lease
    issued before August 8, 2005, only if the Secretary determines that
    the lessee has a history of making timely payments referred to in
    subparagraph (A).
      (5) Notwithstanding any other provision of law, if the lessee
    under a coal lease fails to pay any installment of a deferred cash
    bonus bid within 10 days after the Secretary provides written
    notice that payment of the installment is past due - 
        (A) the lease shall automatically terminate; and
        (B) any bonus payments already made to the United States with
      respect to the lease shall not be returned to the lessee or
      credited in any future lease sale.
    (b) Exploration
      (1) The Secretary may, under such regulations as he may
    prescribe, issue to any person an exploration license. No person
    may conduct coal exploration for commercial purposes for any coal
    on lands subject to this chapter without such an exploration
    license. Each exploration license shall be for a term of not more
    than two years and shall be subject to a reasonable fee. An
    exploration license shall confer no right to a lease under this
    chapter. The issuance of exploration licenses shall not preclude
    the Secretary from issuing coal leases at such times and locations
    and to such persons as he deems appropriate. No exploration license
    will be issued for any land on which a coal lease has been issued.
    A separate exploration license will be required for exploration in
    each State. An application for an exploration license shall
    identify general areas and probable methods of exploration. Each
    exploration license shall contain such reasonable conditions as the
    Secretary may require, including conditions to insure the
    protection of the environment, and shall be subject to all
    applicable Federal, State, and local laws and regulations. Upon
    violation of any such conditions or laws the Secretary may revoke
    the exploration license.
      (2) A licensee may not cause substantial disturbance to the
    natural land surface. He may not remove any coal for sale but may
    remove a reasonable amount of coal from the lands subject to this
    chapter included under his license for analysis and study. A
    licensee must comply with all applicable rules and regulations of
    the Federal agency having jurisdiction over the surface of the
    lands subject to this chapter. Exploration licenses covering lands
    the surface of which is under the jurisdiction of any Federal
    agency other than the Department of the Interior may be issued only
    upon such conditions as it may prescribe with respect to the use
    and protection of the nonmineral interests in those lands.
      (3) The licensee shall furnish to the Secretary copies of all
    data (including, but not limited to, geological, geophyscal,(!1)
    and core drilling analyses) obtained during such exploration. The
    Secretary shall maintain the confidentiality of all data so
    obtained until after the areas involved have been leased or until
    such time as he determines that making the data available to the
    public would not damage the competitive position of the licensee,
    whichever comes first.

      (4) Any person who willfully conducts coal exploration for
    commercial purposes on lands subject to this chapter without an
    exploration license issued hereunder shall be subject to a fine of
    not more than $1,000 for each day of violation. All data collected
    by said person on any Federal lands as a result of such violation
    shall be made immediately available to the Secretary, who shall
    make the data available to the public as soon as it is practicable.
    No penalty under this subsection shall be assessed unless such
    person is given notice and opportunity for a hearing with respect
    to such violation.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 2(a), (b), 41 Stat. 438; June 3, 1948,
    ch. 379, Sec. 1, 62 Stat. 289; Pub. L. 86-252, Sec. 2, Sept. 9,
    1959, 73 Stat. 490; Pub. L. 88-526, Sec. 2(a), (b), Aug. 31, 1964,
    78 Stat. 710; Pub. L. 94-377, Secs. 2-4, Aug. 4, 1976, 90 Stat.
    1083, 1085; Pub. L. 95-554, Sec. 2, Oct. 30, 1978, 92 Stat. 2073;
    Pub. L. 109-58, title IV, Sec. 436, Aug. 8, 2005, 119 Stat. 762.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This section, referred to in subsec. (a)(1), is section 2 of act
    Feb. 25, 1920, as amended, which is comprised of subsecs. (a) to
    (d). Subsecs. (a) and (b) of section 2 comprise this section,
    subsec. (c) of section 2 comprises section 202 of this title, and
    subsec. (d) of section 2, as added by section 5(b) of Pub. L. 94-
    377, comprises section 202a of this title.
      The Federal Land Policy and Management Act of 1976, referred to
    in subsec. (a)(1), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743,
    as amended. Title V of the Federal Land Policy and Management Act
    of 1976 is classified generally to subchapter V (Sec. 1761 et seq.)
    of chapter 35 of Title 43, Public Lands. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1701 of Title 43 and Tables.
      The Federal Water Pollution Control Act, referred to in subsec.
    (a)(3)(E), is act June 30, 1948, ch. 758, 62 Stat. 1155, formerly
    classified to chapter 23 (Sec. 1151 et seq.) of Title 33,
    Navigation and Navigable Waters, which was completely revised by
    Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, and is
    classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 1251 of Title 33 and Tables.
      The Clean Air Act, referred to in subsec. (a)(3)(E), is act July
    14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 7401 of Title 42
    and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of subsecs. (a) and (b) of section 2 of act
    Feb. 25, 1920, as amended by section 1 of act June 3, 1948. Subsec.
    (c) of section 2 of act Feb. 25, 1920, is classified to section 202
    of this title. Subsec. (d) of said section 2, as added by Pub. L.
    94-377, Sec. 5(b), Aug. 4, 1976, 90 Stat. 1086, is classified to
    section 202a of this title.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(4), (5). Pub. L. 109-58 added pars. (4) and
    (5).
      1978 - Subsec. (a)(1). Pub. L. 95-554 authorized negotiated fair
    market value sales of coal when exercising Federal land policy and
    management right-of-way permits.
      1976 - Subsec. (a). Pub. L. 94-377, Sec. 2, designated existing
    provisions as par. (1), substituted provisions authorizing the
    division of any lands subject to this chapter which have been
    classified for coal leasing into tracts as the Secretary finds
    appropriate, in the public interest and will permit the mining of
    all economically extractable coal, such leases to be awarded by
    competitive bidding for provisions authorizing the division of
    classified or unclassified lands into tracts of forty acres, or
    multiples thereof, in such form as, in the Secretary's opinion will
    permit the most economical mining, such leases to be awarded by
    competitive bidding or by such other method adopted by general
    regulation, inserted provisions relating to deferred bonus payments
    leasing, leasing to public agencies, and to the fair market value
    of leases, struck out provision for notice of proposed offering for
    lease in a newspaper of general circulation prior to approval or
    issuance of a competitive lease of coal, and added pars. (2) and
    (3).
      Subsec. (b). Pub. L. 94-377, Sec. 4, designated existing
    provisions as par. (1), substituted provisions relating to the
    issuance, term and conditions of exploration licenses for
    provisions relating to the issuance of prospecting permits for a
    term of two years, for not exceeding 5125 acres, with an extension
    period of two years if the permittee has been unable, with the
    exercise of reasonable diligence to determine the existence or
    workability of coal deposits and desires further exploration, and
    added pars. (2) to (4).
      1964 - Subsec. (a). Pub. L. 88-526, Sec. 2(a), removed limitation
    on a single competitive lease by striking out "but in no case
    exceeding two thousand five hundred and sixty acres in any one
    leasing tract," after "such tracts,".
      Subsec. (b). Pub. L. 88-526, Sec. 2(b), increased limitation on
    the area carried by a prospecting permit from 2,560 to 5,120 acres.
      1959 - Subsec. (a). Pub. L. 86-252 struck out "outside of the
    Territory of Alaska," after "United States,".
      1948 - Act June 3, 1948, amended section generally, dividing it
    into subsections (a) to (c) and making minor technical changes.
    Subsecs. (a) and (b) comprise this section and subsec. (c) is set
    out as section 202 of this title.

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-58, title IV, Sec. 438, Aug. 8, 2005, 119 Stat. 763,
    provided that: "The amendments made by this subtitle [subtitle D
    (Secs. 431-438) of title IV of Pub. L. 109-58, amending this
    section and sections 202a, 203, and 207 of this title] apply with
    respect to any coal lease issued before, on, or after the date of
    the enactment of this Act [Aug. 8, 2005]."

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Pub. L. 99-190, Sec. 101(d) [title III, Sec. 320], Dec. 19, 1985,
    99 Stat. 1224, 1266, provided that: "The provisions of section
    2(a)(2)(A) of the Mineral Lands Leasing Act of 1920 (41 Stat. 437)
    [subsec. (a)(2)(A) of this section], as amended by section 3 of the
    Federal Coal Leasing Amendments Act of 1976 (90 Stat. 1083) [Pub.
    L. 94-377, see 1976 Amendment note above] shall not take effect
    until December 31, 1986."

                             SAVINGS PROVISION                         
      Section 4 of Pub. L. 94-377 provided that the amendment made by
    that section is subject to valid existing rights.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior, referred to subsec.
    (a)(3)(D), to promulgate regulations under this chapter relating to
    fostering of competition for Federal leases transferred to
    Secretary of Energy by section 7152(b) of Title 42, The Public
    Health and Welfare. Section 7152(b) of Title 42 was repealed by
    Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,
    and functions of Secretary of Energy returned to Secretary of the
    Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.


-MISC2-
       STUDY OF COAL LEASES BY DIRECTOR OF THE OFFICE OF TECHNOLOGY
                                ASSESSMENT
      Section 10 of Pub. L. 94-377 provided that the Director of the
    Office of Technology Assessment conduct a complete study of coal
    leases entered into by the United States under sections 201, 202,
    and 202a of this title, which study was to include an analysis of
    all mining activities, present and potential value of these leases,
    receipts to the Federal Government from these leases, and
    recommendations as to the feasibility of the use of deep mining
    technology in leased areas, with the results of his study to be
    submitted to Congress within one year after Aug. 4, 1976.

        COAL MINING ON AREAS OF NATIONAL PARK, WILDLIFE, WILDERNESS
        PRESERVATION, TRAIL, SCENIC RIVERS, SYSTEMS NOT AUTHORIZED
      Section 16 of Pub. L. 94-377 provided that: "Nothing in this Act
    [see Short Title of 1976 Amendment note under section 181 of this
    title], or the Mineral Lands Leasing Act [this chapter] and the
    Mineral Leasing Act for Acquired Lands [section 351 et seq. of this
    title] which are amended by this Act, shall be construed as
    authorizing coal mining on any area of the National Park System,
    the National Wildlife Refuge System, the National Wilderness
    Preservation System, the National System of Trails, and the Wild
    and Scenic Rivers System, including study rivers designated under
    section 5(a) of the Wild and Scenic Rivers Act [section 1276(a) of
    Title 16, Conservation]."

                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-FOOTNOTE-
    (!1) So in original. Probably should be "geophysical,".


-End-



-CITE-
    30 USC Sec. 201-1                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 201-1. Repealed.

-MISC1-
    Sec. 201-1. Repealed. Pub. L. 94-377, Sec. 5(a), Aug. 4, 1976, 90
      Stat. 1086.
      Section, Pub. L. 88-526, Sec. 2(c), (d), Aug. 31, 1964, 78 Stat.
    710, permitted the entering into of contracts for collective
    prospecting, development or operation of coalfields by lessees for
    the purpose of conserving natural resources.

                             SAVINGS PROVISION                         
      Section 5(a) of Pub. L. 94-377 provided that the repeal of this
    section is subject to valid existing rights.

-End-



-CITE-
    30 USC Sec. 201a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 201a. Repealed.

-MISC1-
    Sec. 201a. Repealed. June 3, 1948, ch. 379, Sec. 8, 62 Stat. 291.
      Section, act Mar. 9, 1928, ch. 159, Sec. 1, 45 Stat. 251, related
    to extension of coal prospecting permits.

-End-



-CITE-
    30 USC Sec. 201b                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 201b. Omitted

-COD-
                               CODIFICATION                           
      Section, act Mar. 9, 1928, ch. 159, Sec. 2, 45 Stat. 251,
    provided for extension of coal permits already expired for a period
    of two years from Mar. 9, 1928.

-End-



-CITE-
    30 USC Sec. 202                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 202. Common carriers; limitations of lease or permit

-STATUTE-
      No company or corporation operating a common-carrier railroad
    shall be given or hold a permit or lease under the provisions of
    this chapter for any coal deposits except for its own use for
    railroad purposes; and such limitations of use shall be expressed
    in all permits and leases issued to such companies or corporations;
    and no such company or corporation shall receive or hold under
    permit or lease more than ten thousand two hundred and forty acres
    in the aggregate nor more than one permit or lease for each two
    hundred miles of its railroad lines served or to be served from
    such coal deposits exclusive of spurs or switches and exclusive of
    branch lines built to connect the leased coal with the railroad,
    and also exclusive of parts of the railroad operated mainly by
    power produced otherwise than by steam.
      Nothing in this section and section 201 of this title shall
    preclude such a railroad of less than two hundred miles in length
    from securing one permit or lease thereunder but no railroad shall
    hold a permit or lease for lands in any State in which it does not
    operate main or branch lines.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 2(c), 41 Stat. 438; June 13, 1944, ch.
    244, 58 Stat. 275; June 3, 1948, ch. 379, Sec. 1, 62 Stat. 289.)

-COD-
                               CODIFICATION                           
      Section is comprised of subsec. (c) of section 2 of act Feb. 25,
    1920, as amended by section 1 of act June 3, 1948. Subsecs. (a) and
    (b) of section 2 of act Feb. 25, 1920, are classified to section
    201 of this title. Subsec. (d) of said section 2, as added by Pub.
    L. 94-377, Sec. 5(b), Aug. 4, 1976, 90 Stat. 1086, is classified to
    section 202a of this title.


-MISC1-
                                AMENDMENTS                            
      1948 - Act June 3, 1948, reenacted this section without change
    except to make it subsec. (c) of section 2 of act Feb. 25, 1920.
      1944 - Act June 13, 1944, inserted "more than ten thousand two
    hundred and forty acres in the aggregate nor" before "more than one
    permit", substituted "railroad lines served or to be served from
    such coal deposits" for "railroad line within the State in which
    such property is situated,", and prohibited a railroad from holding
    a permit or lease for lands in any State in which it did not
    operate main or branch lines.

-End-



-CITE-
    30 USC Sec. 202a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 202a. Consolidation of coal leases into logical mining unit

-STATUTE-
    (1) Approval by Secretary; public hearing; definition
      The Secretary, upon determining that maximum economic recovery of
    the coal deposit or deposits is served thereby, may approve the
    consolidation of coal leases into a logical mining unit. Such
    consolidation may only take place after a public hearing, if
    requested by any person whose interest is or may be adversely
    affected. A logical mining unit is an area of land in which the
    coal resources can be developed in an efficient, economical, and
    orderly manner as a unit with due regard to conservation of coal
    reserves and other resources. A logical mining unit may consist of
    one or more Federal leaseholds, and may include intervening or
    adjacent lands in which the United States does not own the coal
    resources, but all the lands in a logical mining unit must be under
    the effective control of a single operator, be able to be developed
    and operated as a single operation and be contiguous.
    (2) Mining plan; requirements
      (A) After the Secretary has approved the establishment of a
    logical mining unit, any mining plan approved for that unit must
    require such diligent development, operation, and production that
    the reserves of the entire unit will be mined within a period
    established by the Secretary which shall not be more than forty
    years.
      (B) The Secretary may establish a period of more than 40 years if
    the Secretary determines that the longer period - 
        (i) will ensure the maximum economic recovery of a coal
      deposit; or
        (ii) the longer period is in the interest of the orderly,
      efficient, or economic development of a coal resource.
    (3) Conditions for approval
      In approving a logical mining unit, the Secretary may provide,
    among other things, that (i) diligent development, continuous
    operation, and production on any Federal lease or non-Federal land
    in the logical mining unit shall be construed as occurring on all
    Federal leases in that logical mining unit, and (ii) the rentals
    and royalties for all Federal leases in a logical mining unit may
    be combined, and advanced royalties paid for any lease within a
    logical mining unit may be credited against such combined
    royalties.
    (4) Amendment to lease
      The Secretary may amend the provisions of any lease included in a
    logical mining unit so that mining under that lease will be
    consistent with the requirements imposed on that logical mining
    unit.
    (5) Leases issued before date of enactment of this Act
      Leases issued before the date of enactment of this Act may be
    included with the consent of all lessees in such logical mining
    unit, and, if so included, shall be subject to the provisions of
    this section.
    (6) Lessee required to form unit
      By regulation the Secretary may require a lessee under this
    chapter to form a logical mining unit, and may provide for
    determination of participating acreage within a unit.
    (7) Required acreage
      No logical mining unit shall be approved by the Secretary if the
    total acreage (both Federal and non-Federal) of the unit would
    exceed twenty-five thousand acres.
    (8) Acreage limitations for coal leases not waived
      Nothing in this section shall be construed to waive the acreage
    limitations for coal leases contained in section 184(a) of this
    title.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 2(d), as added Pub. L. 94-377, Sec.
    5(b), Aug. 4, 1976, 90 Stat. 1086; amended Pub. L. 109-58, title
    IV, Sec. 433, Aug. 8, 2005, 119 Stat. 761.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this Act, referred to in par. (5),
    probably means the date of enactment of Pub. L. 94-377, which was
    approved Aug. 4, 1976.
      This section, referred to in pars. (5) and (8), is section 2 of
    act Feb. 25, 1920, as amended, which is comprised of subsecs. (a)
    to (d). Subsecs. (a) and (b) of section 2 are classified to section
    201 of this title, subsec. (c) of section 2 is classified to
    section 202 of this title, and subsec. (d) of section 2, as added
    by section 5(b) of Pub. L. 94-377, is classified to this section.

-COD-
                               CODIFICATION                           
      Section is comprised of subsec. (d) of section 2 of act Feb. 25,
    1920, as added by Pub. L. 94-377. Subsecs. (a) and (b) of said
    section 2 are classified to section 201 of this title. Subsec. (c)
    of said section 2 is classified to section 202 of this title.


-MISC1-
                                AMENDMENTS                            
      2005 - Par. (2). Pub. L. 109-58 designated existing provisions as
    subpar. (A) and added subpar. (B).

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment by Pub. L. 109-58 applicable with respect to any coal
    lease issued before, on, or after Aug. 8, 2005, see section 438 of
    Pub. L. 109-58, set out as a note under section 201 of this title.

-End-



-CITE-
    30 USC Sec. 203                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 203. Additional lands or deposits

-STATUTE-
    (a) In general
      (1) Except as provided in paragraph (3), on a finding by the
    Secretary under paragraph (2), any person, association, or
    corporation holding a lease of coal lands or coal deposits under
    the provisions of this chapter may with the approval of the
    Secretary of the Interior,(!1) secure modifications of the original
    coal lease by including additional coal lands or coal deposits
    contiguous or cornering to those embraced in the lease.

      (2) A finding referred to in paragraph (1) is a finding by the
    Secretary that the modifications - 
        (A) would be in the interest of the United States;
        (B) would not displace a competitive interest in the lands; and
        (C) would not include lands or deposits that can be developed
      as part of another potential or existing operation.

      (3) In no case shall the total area added by modifications to an
    existing coal lease under paragraph (1) - 
        (A) exceed 960 acres; or
        (B) add acreage larger than that in the original lease.
    (b) Terms and conditions
      The Secretary shall prescribe terms and conditions which shall be
    consistent with this chapter and applicable to all of the acreage
    in such modified lease except that nothing in this section shall
    require the Secretary to apply the production or mining plan
    requirements of sections 202a(2) and 207(c) of this title.
    (c) Royalties
      The minimum royalty provisions of section 207(a) of this title
    shall not apply to any lands covered by this modified lease prior
    to a modification until the term of the original lease or extension
    thereof which became effective prior to the effective date of this
    Act has expired.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 3, 41 Stat. 439; Pub. L. 94-377, Sec.
    13(b), Aug. 4, 1976, 90 Stat. 1090; Pub. L. 95-554, Sec. 3, Oct.
    30, 1978, 92 Stat. 2074; Pub. L. 109-58, title IV, Sec. 432, Aug.
    8, 2005, 119 Stat. 760.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 202a(2) and 207(c) of this title, referred to in subsec.
    (b), was in the original "section 2(d)(2) and 7(c) of this Act (30
    U.S.C. 201(d)(2) and 207(c))", and was translated as sections
    202a(2) and 207(c) of this title to reflect the probable intent of
    Congress.
      The effective date of this Act, referred to in subsec. (c),
    probably means the date of enactment of Pub. L. 95-554, which was
    approved Oct. 30, 1978.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 designated first sentence as par. (1) of
    subsec. (a), substituted "Except as provided in paragraph (3), on a
    finding by the Secretary under paragraph (2), any person" for "Any
    person" and "secure modifications of the original coal lease by
    including additional coal lands or coal deposits contiguous or
    cornering to those embraced in the lease" for "upon a finding by
    him that it would be in the interest of the United States, secure
    modifications of the original coal lease by including additional
    coal lands or coal deposits contiguous or cornering to those
    embraced in such lease, but in no event shall the total area added
    by such modifications to an existing coal lease exceed one hundred
    sixty acres, or add acreage larger than that in the original
    lease", added pars. (2) and (3), and designated second and third
    sentences as subsecs. (b) and (c), respectively.
      1978 - Pub. L. 95-554 authorized modification of leases to
    include coal lands or coal deposits cornering to those embraced in
    the leases and inserted provision respecting application of
    production or mining plan requirements of sections 202a(2) and
    207(c) and minimum royalty provisions of section 207(a) of this
    title.
      1976 - Pub. L. 94-377 struck out the advantage to the lessee as
    one of the conditions for modification of the original lease,
    substituted provision prohibiting the addition of total area in
    excess of 160 acres or adding acreage larger than that in the
    original lease for provision limiting the total area embraced in
    such modified lease to an aggregate of 2560 acres, and inserted
    provision authorizing the Secretary to prescribe terms and
    conditions consistent with this chapter which shall be applicable
    to the total acreage in the modified lease.

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment by Pub. L. 109-58 applicable with respect to any coal
    lease issued before, on, or after Aug. 8, 2005, see section 438 of
    Pub. L. 109-58, set out as a note under section 201 of this title.

                             SAVINGS PROVISION                         
      Section 13(b) of Pub. L. 94-377 provided that the amendment made
    by that section is subject to valid existing rights.

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-



-CITE-
    30 USC Sec. 204                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 204. Repealed.

-MISC1-
    Sec. 204. Repealed. Pub. L. 94-377, Sec. 13(a), Aug. 4, 1976, 90
      Stat. 1090.
      Section, act Feb. 25, 1920, ch. 85, Sec. 4, 41 Stat. 439,
    provided for the leasing of an additional tract of land or coal
    deposit, not to exceed 2560 acres, upon a showing by a lessee that
    all workable deposits of coal would be exhausted, worked out, or
    removed within three years thereafter.

                             SAVINGS PROVISION                         
      Section 13(a) of Pub. L. 94-377 provided that the repeal of this
    section is subject to valid existing rights.

-End-



-CITE-
    30 USC Sec. 205                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 205. Consolidation of leases

-STATUTE-
      If, in the judgment of the Secretary of the Interior, the public
    interest will be subserved thereby, lessees holding under lease
    areas not exceeding the maximum permitted under this chapter may
    consolidate their leases through the surrender of the original
    leases and the inclusion of such areas in a new lease of not to
    exceed two thousand five hundred and sixty acres of contiguous
    lands.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 5, 41 Stat. 439.)

-End-



-CITE-
    30 USC Sec. 206                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 206. Noncontiguous coal or phosphate tracts in single lease

-STATUTE-
      Where coal or phosphate lands aggregating two thousand five
    hundred and sixty acres and subject to lease hereunder do not exist
    as contiguous areas, the Secretary of the Interior is authorized,
    if, in his opinion, the interests of the public and of the lessee
    will be thereby subserved, to embrace in a single lease
    noncontiguous tracts which can be operated as a single mine or
    unit.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 6, 41 Stat. 439.)

-End-



-CITE-
    30 USC Sec. 207                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 207. Conditions of lease

-STATUTE-
    (a) Term of lease; annual rentals; royalties; readjustment of
      conditions
      A coal lease shall be for a term of twenty years and for so long
    thereafter as coal is produced annually in commercial quantities
    from that lease. Any lease which is not producing in commercial
    quantities at the end of ten years shall be terminated. The
    Secretary shall by regulation prescribe annual rentals on leases. A
    lease shall require payment of a royalty in such amount as the
    Secretary shall determine of not less than 12 1/2  per centum of
    the value of coal as defined by regulation, except the Secretary
    may determine a lesser amount in the case of coal recovered by
    underground mining operations. The lease shall include such other
    terms and conditions as the Secretary shall determine. Such rentals
    and royalties and other terms and conditions of the lease will be
    subject to readjustment at the end of its primary term of twenty
    years and at the end of each ten-year period thereafter if the
    lease is extended.
    (b) Diligent development and continued operation; suspension of
      condition on payment of advance royalties
      (1) Each lease shall be subject to the conditions of diligent
    development and continued operation of the mine or mines, except
    where operations under the lease are interrupted by strikes, the
    elements, or casualties not attributable to the lessee.
      (2) The Secretary of the Interior, upon determining that the
    public interest will be served thereby, may suspend the condition
    of continued operation upon the payment of advance royalties.
      (3) Advance royalties described in paragraph (2) shall be no less
    than the production royalty which would otherwise be paid and shall
    be computed on a fixed reserve to production ratio (determined by
    the Secretary).
      (4) Advance royalties described in paragraph (2) shall be
    computed - 
        (A) based on - 
          (i) the average price in the spot market for sales of
        comparable coal from the same region during the last month of
        each applicable continued operation year; or
          (ii) in the absence of a spot market for comparable coal from
        the same region, by using a comparable method established by
        the Secretary of the Interior to capture the commercial value
        of coal; and

        (B) based on commercial quantities, as defined by regulation by
      the Secretary of the Interior.

      (5) The aggregate number of years during the period of any lease
    for which advance royalties may be accepted in lieu of the
    condition of continued operation shall not exceed 20 years.
      (6) (!1) The amount of any production royalty paid for any year
    shall be reduced (but not below 0) by the amount of any advance
    royalties paid under a lease described in paragraph (5) to the
    extent that the advance royalties have not been used to reduce
    production royalties for a prior year.

      (6) (!1) The Secretary may, upon six months' notification to the
    lessee cease to accept advance royalties in lieu of the requirement
    of continued operation.
      (7) Nothing in this subsection shall be construed to affect the
    requirement contained in the second sentence of subsection (a) of
    this section relating to commencement of production at the end of
    ten years.
    (c) Operation and reclamation plan
      Prior to taking any action on a leasehold which might cause a
    significant disturbance of the environment, the lessee shall submit
    for the Secretary's approval an operation and reclamation plan. The
    Secretary shall approve or disapprove the plan or require that it
    be modified. Where the land involved is under the surface
    jurisdiction of another Federal agency, that other agency must
    consent to the terms of such approval.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 7, 41 Stat. 439; Pub. L. 94-377, Sec.
    6, Aug. 4, 1976, 90 Stat. 1087; Pub. L. 109-58, title IV, Secs.
    434, 435, Aug. 8, 2005, 119 Stat. 761, 762.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b). Pub. L. 109-58, Sec. 434, designated first to
    third and seventh and eighth sentences as pars. (1) to (3) and (6)
    and (7), respectively, substituted "Advance royalties described in
    paragraph (2)" for "Such advance royalties" in par. (3), added
    pars. (4), (5), and (6) related to amount of any production royalty
    paid, and struck out fourth to sixth sentences which read as
    follows: "The aggregate number of years during the period of any
    lease for which advance royalties may be accepted in lieu of the
    condition of continued operation shall not exceed ten. The amount
    of any production royalty paid for any year shall be reduced (but
    not below 0) by the amount of any advance royalties paid under such
    lease to the extent that such advance royalties have not been used
    to reduce production royalties for a prior year. No advance royalty
    paid during the initial twenty-year term of a lease shall be used
    to reduce a production royalty after the twentieth year of a
    lease."
      Subsec. (c). Pub. L. 109-58, Sec. 435, struck out "and not later
    than three years after a lease is issued," before "the lessee shall
    submit".
      1976 - Pub. L. 94-377 designated existing provisions as subsec.
    (a), substituted provisions limiting the lease term to 20 years and
    for so long thereafter as coal is produced annually in commercial
    quantities for provision authorizing leases for indeterminate
    periods upon condition of diligent development and continued
    operation except for strikes, the elements, or casualties not
    attributable to lessees; provisions for payment of royalties as
    determined by the Secretary of not less than 12 1/2  per centum of
    coal value, except as reduced for coal from underground mining
    operations for provisions specifying royalties as stated in the
    lease, but not less than 5 cents per ton; provision for rentals as
    prescribed by regulation for provision setting rentals as fixed by
    the Secretary at not less than 25 cents per acre for the first
    year, 50 cents for the second, third, fourth and fifth years, and
    $1 for each year thereafter, and provision for readjustment of
    royalties and terms and conditions after primary period of twenty
    years and subsequent ten year intervals for provision for
    readjustment after twenty years unless otherwise provided by law,
    and added subsecs. (b) and (c).

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment by Pub. L. 109-58 applicable with respect to any coal
    lease issued before, on, or after Aug. 8, 2005, see section 438 of
    Pub. L. 109-58, set out as a note under section 201 of this title.

-FOOTNOTE-
    (!1) So in original. Two pars. (6) have been enacted.


-End-



-CITE-
    30 USC Sec. 208                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 208. Permits to take coal for local domestic needs without
      royalty payments; corporation exclusion; area to municipalities
      for household use without profit

-STATUTE-
      In order to provide for the supply of strictly local domestic
    needs for fuel, the Secretary of the Interior may, under such rules
    and regulations as he may prescribe in advance, issue limited
    licenses or permits to individuals or associations of individuals
    to prospect for, mine, and take for their use but not for sale,
    coal from the public lands without payment of royalty for the coal
    mined or the land occupied, on such conditions not inconsistent
    with this chapter as in his opinion will safeguard the public
    interests. This privilege shall not extend to any corporations. In
    the case of municipal corporations the Secretary of the Interior
    may issue such limited license or permit, for not to exceed three
    hundred and twenty acres for a municipality of less than one
    hundred thousand population, and not to exceed one thousand two
    hundred and eighty acres for a municipality of not less than one
    hundred thousand and not more than one hundred and fifty thousand
    population; and not to exceed two thousand five hundred and sixty
    acres for a municipality of one hundred and fifty thousand
    population or more, the land to be selected within the State
    wherein the municipal applicant may be located, upon condition that
    such municipal corporations will mine the coal therein under proper
    conditions and dispose of the same without profit to residents of
    such municipality for household use: Provided, That the acquisition
    or holding of a lease under sections 181, 201, and 202 to 207 of
    this title shall be no bar to the holding of such tract or
    operation of such mine under said limited license.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 8, 41 Stat. 440.)

-End-



-CITE-
    30 USC Sec. 208-1                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 208-1. Exploratory program for evaluation of known recoverable
      coal resources

-STATUTE-
    (a) Authorization; purpose
      The Secretary is authorized and directed to conduct a
    comprehensive exploratory program designed to obtain sufficient
    data and information to evaluate the extent, location, and
    potential for developing the known recoverable coal resources
    within the coal lands subject to this chapter. This program shall
    be designed to obtain the resource information necessary for
    determining whether commercial quantities of coal are present and
    the geographical extent of the coal fields and for estimating the
    amount of such coal which is recoverable by deep mining operations
    and the amount of such coal which is recoverable by surface mining
    operations in order to provide a basis for - 
        (1) developing a comprehensive land use plan pursuant to
      section 2;
        (2) improving the information regarding the value of public
      resources and revenues which should be expected from leasing;
        (3) increasing competition among producers of coal, or products
      derived from the conversion of coal, by providing data and
      information to all potential bidders equally and equitably;
        (4) providing the public with information on the nature of the
      coal deposits and the associated stratum and the value of the
      public resources being offered for sale; and
        (5) providing the basis for the assessment of the amount of
      coal deposits in those lands subject to this chapter under
      subparagraph (B) of section 201(a)(3) of this title.
    (b) Seismic, geophysical, geochemical or stratigraphic drilling
      The Secretary, through the United States Geological Survey, is
    authorized to conduct seismic, geophysical, geochemical, or
    stratigraphic drilling, or to contract for or purchase the results
    of such exploratory activities from commercial or other sources
    which may be needed to implement the provisions of this section.
    (c) Exploratory drilling by party not under contract to United
      States; confidentiality of information prior to award of lease
      Nothing in this section shall limit any person from conducting
    exploratory geophysical surveys including seismic, geophysical,
    chemical surveys to the extent permitted by section 201(b) of this
    title. The information obtained from the exploratory drilling
    carried out by a person not under contract with the United States
    Government for such drilling prior to award of a lease shall be
    provided the confidentiality pursuant to subsection (d) of this
    section.
    (d) Availability to public of all data, information, maps, surveys;
      confidentiality of information purchased from commercial sources
      not under contract to United States prior to award of lease
      The Secretary shall make available to the public by appropriate
    means all data, information, maps, interpretations, and surveys
    which are obtained directly by the Department of the Interior or
    under a service contract pursuant to subsection (b) of this
    section. The Secretary shall maintain a confidentiality of all
    proprietary data or information purchased from commercial sources
    while not under contract with the United States Government until
    after the areas involved have been leased.
    (e) Information or data from Federal departments or agencies;
      confidentiality of proprietary information or data; utilization
      of Federal departments and agencies by agreement
      All Federal departments or agencies are authorized and directed
    to provide the Secretary with any information or data that may be
    deemed necessary to assist the Secretary in implementing the
    exploratory program pursuant to this section. Proprietary
    information or data provided to the Secretary under the provisions
    of this subsection shall remain confidential for such period of
    time as agreed to by the head of the department or agency from whom
    the information is requested. In addition, the Secretary is
    authorized and directed to utilize the existing capabilities and
    resources of other Federal departments and agencies by appropriate
    agreement.
    (f) Publication of geological and geophysical maps and reports of
      lands offered for lease
      The Secretary is directed to prepare, publish, and keep current a
    series of detailed geological, and geophysical maps of, and reports
    concerning, all coal lands to be offered for leasing under this
    chapter, based on data and information compiled pursuant to this
    section. Such maps and reports shall be prepared and revised at
    reasonable intervals beginning eighteen months after the date of
    enactment of this Act. Such maps and reports shall be made
    available on a continuing basis to any person on request.
    (g) Implementation plan for coal lands exploration program;
      development and transmittal to Congress; contents
      Within six months after the date of enactment of this Act, the
    Secretary shall develop and transmit to Congress an implementation
    plan for the coal lands exploration program authorized by this
    section, including procedures for making the data and information
    available to the public pursuant to subsection (d) of this section,
    and maps and reports pursuant to subsection (f) of this section.
    The implementation plan shall include a projected schedule of
    exploratory activities and identification of the regions and areas
    which will be explored under the coal lands exploration program
    during the first five years following the enactment of this
    section. In addition, the implementation plan shall include
    estimates of the appropriations and staffing required to implement
    the coal lands exploration program.
    (h) Stratigraphic drilling; scope; statement of results
      The stratigraphic drilling authorized in subsection (b) of this
    section shall be carried out in such a manner as to obtain
    information pertaining to all recoverable reserves. For the purpose
    of complying with subsection (a) of this section, the Secretary
    shall require all those authorized to conduct stratigraphic
    drilling pursuant to subsection (b) of this section to supply a
    statement of the results of test boring of core sampling including
    logs of the drill holes; the thickness of the coal seams found; an
    analysis of the chemical properties of such coal; and an analysis
    of the strata layers lying above all the seams of coal. All
    drilling activities shall be conducted using the best current
    technology and practices.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 8A, as added Pub. L. 94-377, Sec. 7,
    Aug. 4, 1976, 90 Stat. 1087.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2, referred to in subsec. (a)(1), means section 2 of act
    Feb. 25, 1920, as amended, and is comprised of subsecs. (a) to (d).
    Subsecs. (a) and (b) of section 2 are classified to section 201 of
    this title, subsec. (c) of section 2 is classified to section 202
    of this title, and subsec. (d) of section 2, as added by section
    5(b) of Pub. L. 94-377, is classified to section 202a of this
    title.
      The date of enactment of this Act, referred to in subsecs. (f)
    and (g), probably means the date of enactment of Pub. L. 94-377,
    which was approved Aug. 4, 1976.

-End-



-CITE-
    30 USC Sec. 208-2                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 208-2. Repealed.

-MISC1-
    Sec. 208-2. Repealed. Pub. L. 104-66, title I, Sec. 1091(e), Dec.
      21, 1995, 109 Stat. 722.
      Section, act Feb. 25, 1920, ch. 85, Sec. 8B, as added Aug. 4,
    1976, Pub. L. 94-377, Sec. 8, 90 Stat. 1089, related to reports to
    Congress on leasing and production of coal lands, contents,
    recommendations, and reports by Attorney General on competition in
    the coal industry and on effectiveness of antitrust laws.

-End-



-CITE-
    30 USC Sec. 208a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 208a. Repealed.

-MISC1-
    Sec. 208a. Repealed. Pub. L. 97-468, title VI, Sec. 615(a)(3), Jan.
      14, 1983, 96 Stat. 2578.
      Section, act July 19, 1932, ch. 513, 47 Stat. 707, authorized
    general manager of Alaska Railroad to purchase coal annually for
    railroad from two or more operating companies in areas adjacent to
    railroad.
      Section was formerly classified to section 445a of Title 48,
    Territories and Insular Possessions.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal by Pub. L. 97-468 became effective on date of transfer of
    Alaska Railroad to the State [Jan. 5, 1985], pursuant to section
    1203 of Title 45, Railroads, see section 615(a) of Pub. L. 97-468.

-End-



-CITE-
    30 USC Sec. 209                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER II - COAL

-HEAD-
    Sec. 209. Suspension, waiver, or reduction of rents or royalties to
      promote development or operation; extension of lease on
      suspension of operations and production

-STATUTE-
      The Secretary of the Interior, for the purpose of encouraging the
    greatest ultimate recovery of coal, oil, gas, oil shale, gilsonite
    (including all vein-type solid hydrocarbons), phosphate, sodium,
    potassium and sulfur, and in the interest of conservation of
    natural resources, is authorized to waive, suspend, or reduce the
    rental, or minimum royalty, or reduce the royalty on an entire
    leasehold, or on any tract or portion thereof segregated for
    royalty purposes, whenever in his judgment it is necessary to do so
    in order to promote development, or whenever in his judgment the
    leases cannot be successfully operated under the terms provided
    therein.(!1) Provided, however, That in order to promote
    development and the maximum production of tar sand, at the request
    of the lessee, the Secretary shall review, prior to commencement of
    commercial operations, the royalty rates established in each
    combined hydrocarbon lease issued in special tar sand areas. For
    purposes of this section, the term "tar sand" means any
    consolidated or unconsolidated rock (other than coal, oil shale, or
    gilsonite) that either: (1) contains a hydrocarbonaceous material
    with a gas-free viscosity, at original reservoir temperature,
    greater than 10,000 centipoise, or (2) contains a hydrocarbonaceous
    material and is produced by mining or quarrying. In the event the
    Secretary of the Interior, in the interest of conservation, shall
    direct or shall assent to the suspension of operations and
    production under any lease granted under the terms of this chapter,
    any payment of acreage rental or of minimum royalty prescribed by
    such lease likewise shall be suspended during such period of
    suspension of operations and production; and the term of such lease
    shall be extended by adding any such suspension period thereto. The
    provisions of this section shall apply to all oil and gas leases
    issued under this chapter, including those within an approved or
    prescribed plan for unit or cooperative development and operation.
    Nothing in this section shall be construed as granting to the
    Secretary the authority to waive, suspend, or reduce advance
    royalties.


-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 39, as added Feb. 9, 1933, ch. 45, 47
    Stat. 798; amended Aug. 8, 1946, ch. 916, Sec. 10, 60 Stat. 957;
    June 3, 1948, ch. 379, Sec. 7, 62 Stat. 291; Pub. L. 94-377, Sec.
    14, Aug. 4, 1976, 90 Stat. 1091; Pub. L. 97-78, Sec. 1(3), (7),
    Nov. 16, 1981, 95 Stat. 1070, 1071.)


-MISC1-
                                AMENDMENTS                            
      1981 - Pub. L. 97-78 inserted reference to gilsonite (including
    all vein-type solid hydrocarbons) and inserted proviso that, in
    order to promote development and the maximum production of tar
    sand, at the request of the lessee, the Secretary review, prior to
    commencement of commercial operations, the royalty rates
    established in each combined hydrocarbon lease issued in special
    tar sand areas, and that, for purposes of this section, "tar sand"
    means any consolidated or unconsolidated rock (other than coal, oil
    shale, or gilsonite) that either contains a hydrocarbonaceous
    material with a gas-free viscosity, at original reservoir
    temperature, greater than 10,000 centipoise, or contains a
    hydrocarbonaceous material and is produced by mining or quarrying.
      1976 - Pub. L. 94-377 inserted sentence at end that nothing in
    this section shall be construed as granting to the Secretary
    authority to waive, suspend, or reduce advance royalties.
      1948 - Act June 3, 1948, extended applicability of section to oil
    shale, phosphate, sodium, potassium, and sulphur.
      1946 - Act Aug. 8, 1946, principally inserted first and third
    sentences relating to waiver, suspension or reduction of royalties
    or rentals, and applicability of section to cooperative or unit
    plans, respectively.

                             SAVINGS PROVISION                         
      See note set out under section 181 of this title.

-FOOTNOTE-
    (!1) So in original. The period probably should be a colon.


-End-


-CITE-
    30 USC SUBCHAPTER III - PHOSPHATES                          01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER III - PHOSPHATES

-HEAD-
                        SUBCHAPTER III - PHOSPHATES                    

-End-



-CITE-
    30 USC Sec. 211                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER III - PHOSPHATES

-HEAD-
    Sec. 211. Phosphate deposits

-STATUTE-
    (a) Authorization to lease land; terms and conditions; acreage
      The Secretary of the Interior is authorized to lease to any
    applicant qualified under this chapter, through advertisement,
    competitive bidding, or such other methods as he may by general
    regulations adopt, any phosphate deposits of the United States, and
    lands containing such deposits, including associated and related
    minerals, when in his judgment the public interest will be best
    served thereby. The lands shall be leased under such terms and
    conditions as are herein specified, in units reasonably compact in
    form of not to exceed two thousand five hundred and sixty acres.
    (b) Prospecting permits; issuance; term; acreage; entitlement to
      lease
      Where prospecting or exploratory work is necessary to determine
    the existence or workability of phosphate deposits in any
    unclaimed, undeveloped area, the Secretary of the Interior is
    authorized to issue, to any applicant qualified under this chapter,
    a prospecting permit which shall give the exclusive right to
    prospect for phosphate deposits, including associated minerals, for
    a period of two years, for not more than two thousand five hundred
    and sixty acres; and if prior to the expiration of the permit the
    permittee shows to the Secretary that valuable deposits of
    phosphate have been discovered within the area covered by his
    permit, the permittee shall be entitled to a lease for any or all
    of the land embraced in the prospecting permit.
    (c) Extension of term of permit
      Any phosphate permit issued under this section may be extended by
    the Secretary for such an additional period, not in excess of four
    years, as he deems advisable, if he finds that the permittee has
    been unable, with reasonable diligence, to determine the existence
    or workability of phosphate deposits in the area covered by the
    permit and desires to prosecute further prospecting or exploration,
    or for other reasons warranting such an extension in the opinion of
    the Secretary.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 9, 41 Stat. 440; June 3, 1948, ch.
    379, Sec. 2, 62 Stat. 290; Pub. L. 86-391, Sec. 1(a), Mar. 18,
    1960, 74 Stat. 7.)


-MISC1-
                                AMENDMENTS                            
      1960 - Pub. L. 86-391 designated existing provisions as subsec.
    (a) and added subsecs. (b) and (c).
      1948 - Act June 3, 1948, included provision limiting amount of
    land in lease.

-End-



-CITE-
    30 USC Sec. 212                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER III - PHOSPHATES

-HEAD-
    Sec. 212. Surveys; royalties; time payable; annual rentals; term of
      leases; readjustment on renewals; minimum production; suspension
      of operation

-STATUTE-
      Each lease shall describe the leased lands by the legal
    subdivisions of the public-land surveys. All leases shall be
    conditioned upon the payment to the United States of such royalties
    as may be specified in the lease, which shall be fixed by the
    Secretary of the Interior in advance of offering the same, at not
    less than 5 per centum of the gross value of the output of
    phosphates or phosphate rock and associated or related minerals.
    Royalties shall be due and payable as specified in the lease either
    monthly or quarterly on the last day of the month next following
    the month or quarter in which the minerals are sold or removed from
    the leased land. Each lease shall provide for the payment of a
    rental payable at the date of the lease and annually thereafter
    which shall be not less than 25 cents per acre for the first year,
    50 cents per acre for the second and third years, respectively, and
    $1 per acre for each year thereafter, during the continuance of the
    lease. The rental paid for any year shall be credited against the
    royalties for that year. Leases shall be for a term of twenty years
    and so long thereafter as the lessee complies with the terms and
    conditions of the lease and upon the further condition that at the
    end of each twenty-year period succeeding the date of the lease
    such reasonable readjustment of the terms and conditions thereof
    may be made therein as may be prescribed by the Secretary of the
    Interior unless otherwise provided by law at the expiration of such
    periods. Leases shall be conditioned upon a minimum annual
    production or the payment of a minimum royalty in lieu thereof,
    except when production is interrupted by strikes, the elements, or
    casualties not attributable to the lessee. The Secretary of the
    Interior may permit suspension of operations under any such leases
    when marketing conditions are such that the leases cannot be
    operated except at a loss.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 10, 41 Stat. 440; June 3, 1948, ch.
    379, Sec. 3, 62 Stat. 290.)


-MISC1-
                                AMENDMENTS                            
      1948 - Act June 3, 1948, amended section generally, omitting
    provisions relating to amount of lands in lease, and inserting
    provisions regarding royalties.

-End-



-CITE-
    30 USC Sec. 213                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER III - PHOSPHATES

-HEAD-
    Sec. 213. Royalties for use of deposits of silica, limestone, or
      other rock embraced in lease

-STATUTE-
      Any lease to develop and extract phosphates, phosphate rock, and
    associated or related minerals under the provisions of sections 211
    to 214 of this title shall provide that the lessee may use so much
    of any deposit of silica or limestone or other rock situated on any
    public lands embraced in the lease as may be utilized in the
    processing or refining of the phosphates, phosphate rock, and
    associated or related minerals mined from the leased lands or from
    other lands upon payments of such royalty as may be determined by
    the Secretary of the Interior, which royalty may be stated in the
    lease or, as to the leases already issued, may be provided for in
    an attachment to the lease to be duly executed by the lessor and
    the lessee.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 11, 41 Stat. 440; June 3, 1948, ch.
    379, Sec. 4, 62 Stat. 291.)


-MISC1-
                                AMENDMENTS                            
      1948 - Act June 3, 1948, amended section generally, omitting
    provision relating to royalties and annual rents, and inserting
    provisions relating to use of deposits of silica, limestone or
    other rock embraced in the lease upon the payment of a suitable
    royalty.

-End-



-CITE-
    30 USC Sec. 214                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER III - PHOSPHATES

-HEAD-
    Sec. 214. Use of surface of other public lands; acreage; forest
      lands exception

-STATUTE-
      The holder of any lease or permit issued under the provisions of
    sections 211 to 214 of this title shall have the right to use so
    much of the surface of unappropriated and unentered public lands
    not a part of his lease or permit, not exceeding eighty acres in
    area, as may be determined by the Secretary to be necessary or
    convenient for the extraction, treatment, and removal of the
    mineral deposits, but this provision shall not be applicable to
    national forest lands.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 12, 41 Stat. 441; June 3, 1948, ch.
    379, Sec. 5, 62 Stat. 291; Pub. L. 86-391, Sec. 1(b), Mar. 18,
    1960, 74 Stat. 8.)


-MISC1-
                                AMENDMENTS                            
      1960 - Pub. L. 86-391 substituted "lease or permit" for "lease"
    in two places.
      1948 - Act June 3, 1948, increased lands to be used from 40 to 80
    acres, excepted national forest lands from its provisions, and
    substituted "The holder of any lease issued under the provisions of
    sections 211 to 214 of this title", "public lands not a part of his
    lease", and "or convenient for the extraction" for "Any qualified
    applicant to whom the Secretary of the Interior may grant a lease
    to develop and extract phosphates, or phosphate rock, under the
    provisions of this chapter", "lands", and "for the proper
    prospecting for or development, extraction", respectively.

-End-


-CITE-
    30 USC SUBCHAPTER IV - OIL AND GAS                          01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
                        SUBCHAPTER IV - OIL AND GAS                    

-End-



-CITE-
    30 USC Secs. 221 to 222i                                    01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Secs. 221 to 222i. Omitted

-COD-
                               CODIFICATION                           
      Sections expired by their own terms. They provided as follows:
      Section 221, acts Feb. 25, 1920, ch. 85, Sec. 13, 41 Stat. 441;
    Aug. 21, 1935, ch. 599, Sec. 1, 49 Stat. 674, provided for
    prospecting permits, their terms and conditions, extension,
    location of lands, marking land, notice of application for permits,
    permits in Alaska, exchanging permits for leases, and limited
    extensions to Dec. 31, 1938.
      Section 222, act Jan. 11, 1922, ch. 28, 42 Stat. 356, authorized
    Secretary of the Interior to extend time for drilling not to exceed
    three years.
      Section 222a, act Apr. 5, 1926, ch. 107, Sec. 1, 44 Stat. 236,
    authorized a further extension of two years for drilling.
      Section 222b, act Apr. 5, 1926, ch. 107, Sec. 2, 44 Stat. 236,
    provided for extension of expired permits for a period of two years
    from Apr. 5, 1926.
      Section 222c, act Mar. 9, 1928, ch. 168, Sec. 1, 45 Stat. 252,
    authorized a two year extension for permits.
      Section 222d, act Mar. 9, 1928, ch. 168, Sec. 2, 45 Stat. 252,
    authorized a two year extension of permits already expired.
      Section 222e, act Jan. 23, 1930, ch. 25, Sec. 1, 46 Stat. 58,
    provided that permits issued or extended for three years might be
    further for three years.
      Section 222f, act Jan. 23, 1930, ch. 25, Sec. 2, 46 Stat. 59,
    provided for an extension of permits already expired for a period
    of three years from Jan. 23, 1930.
      Section 222g, act June 30, 1932, ch. 319, Sec. 1, 47 Stat. 445,
    provided for a further extension of three years.
      Section 222h, act June 30, 1932, ch. 319, Sec. 2, 47 Stat. 446,
    authorized an extension, for permits already expired, of three
    years from June 30, 1932.
      Section 222i, acts Aug. 26, 1937, ch. 828, 50 Stat. 842; Aug. 11,
    1939, ch. 716, 53 Stat. 1418, provided for final extension of
    prospecting permits, outstanding on Dec. 31, 1937, to Dec. 31,
    1939.


-MISC1-
                  COMPROMISE OF CLAIMS FOR ACCRUED RENTAL              
      Act July 29, 1942, ch. 534, Sec. 2, 56 Stat. 726, authorized
    Secretary of the Interior to make a compromise settlement of any
    claim for accrued rental under a lease issued pursuant to the
    provisions of section 221 of this title, in any case in which he
    determined that it would be financially beneficial to the United
    States to make such a compromise settlement or in any case in which
    he determined that collection of the full amount of such accrued
    rental from the lessee was inadvisable because of the lessee's
    financial resources being limited.

-End-



-CITE-
    30 USC Sec. 223                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 223. Leases; amount and survey of land; term of lease;
      royalties and annual rental

-STATUTE-
      Upon establishing to the satisfaction of the Secretary of the
    Interior that valuable deposits of oil or gas have been discovered
    within the limits of the land embraced in any permit, the permittee
    shall be entitled to a lease for one-fourth of the land embraced in
    the prospecting permit: Provided, That the permittee shall be
    granted a lease for as much as one hundred and sixty acres of said
    lands, if there be that number of acres within the permit. The area
    to be selected by the permittee, shall be in reasonably compact
    form and, if surveyed, to be described by the legal subdivisions of
    the public-land surveys; if unsurveyed, to be surveyed by the
    Government at the expense of the applicant for lease in accordance
    with rules and regulations to be prescribed by the Secretary of the
    Interior, and the lands leased shall be conformed to and taken in
    accordance with the legal subdivisions of such surveys; deposits
    made to cover expense of surveys shall be deemed appropriated for
    that purpose, and any excess deposits may be repaid to the person
    or persons making such deposit or their legal representatives. Such
    leases shall be for a term of twenty years upon a royalty of 5 per
    centum in amount or value of the production and the annual payment
    in advance of a rental of $1 per acre, the rental paid for any one
    year to be credited against the royalties as they accrue for that
    year, and shall continue in force otherwise as prescribed in
    section 226 of this title for leases issued prior to August 21,
    1935. The permittee shall also be entitled to a preference right to
    a lease for the remainder of the land in his prospecting permit at
    a royalty of not less than 12 1/2  per centum in amount or value of
    the production nor more than the royalty rate prescribed by
    regulation in force on January 1, 1935, for secondary leases issued
    under this section, and under such other conditions as are fixed
    for oil or gas leases issued under section 226 of this title the
    royalty to be determined by competitive bidding or fixed by such
    other method as the Secretary may by regulations prescribe:
    Provided further, That the Secretary shall have the right to reject
    any or all bids.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 14, 41 Stat. 442; Aug. 21, 1935, ch.
    599, Sec. 1, 49 Stat. 676.)


-MISC1-
                                AMENDMENTS                            
      1935 - Act Aug. 21, 1935, inserted "reasonably" before "compact
    form" and substituted "and shall continue in force otherwise as
    prescribed in section 226 of this title for leases issued prior to
    August 21, 1935" and "oil or gas leases issued under section 226 of
    this title" for "with the right of renewal as prescribed in section
    226 of this title" and "oil or gas leases in this chapter",
    respectively.

          LIMITATION OF ROYALTY ON DISCOVERIES DURING WAR PERIOD      
      Act Dec. 24, 1942, ch. 812, 56 Stat. 1080, limiting royalty
    obligation of oil or gas lessee who drills well resulting in
    discovery of new deposit on public domain during the national
    emergency was repealed by Joint Res. July 25, 1947, ch. 327, Sec.
    1, 61 Stat. 449.

                      OUTER CONTINENTAL SHELF; LEASES                  
      Grant by Secretary of the Interior of oil, gas, and other mineral
    leases on submerged lands of outer Continental Shelf, see section
    1331 et seq. of Title 43, Public Lands.

-End-



-CITE-
    30 USC Sec. 223a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 223a. Repealed.

-MISC1-
    Sec. 223a. Repealed. Aug. 8, 1946, ch. 916, Sec. 14, 60 Stat. 958.
      Section, act Aug. 21, 1935, ch. 599, Sec. 2, 49 Stat. 679,
    related to new oil and gas leases in lieu of old.

                             SAVINGS PROVISION                         
      See note set out under section 181 of this title.

-End-



-CITE-
    30 USC Sec. 224                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 224. Payments for oil or gas taken prior to application for
      lease

-STATUTE-
      Until the permittee shall apply for lease to the one quarter of
    the permit area heretofore provided for he shall pay to the United
    States 20 per centum of the gross value of all oil or gas secured
    by him from the lands embraced within his permit and sold or
    otherwise disposed of or held by him for sale or other disposition.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 15, 41 Stat. 442.)

-End-



-CITE-
    30 USC Sec. 225                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 225. Condition of lease, forfeiture for violation

-STATUTE-
      All leases of lands containing oil or gas, made or issued under
    the provisions of this chapter, shall be subject to the condition
    that the lessee will, in conducting his explorations and mining
    operations, use all reasonable precautions to prevent waste of oil
    or gas developed in the land, or the entrance of water through
    wells drilled by him to the oil sands or oil-bearing strata, to the
    destruction or injury of the oil deposits. Violations of the
    provisions of this section shall constitute grounds for the
    forfeiture of the lease, to be enforced as provided in this
    chapter.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 16, 41 Stat. 443; Aug. 8, 1946, ch.
    916, Sec. 2, 60 Stat. 951.)


-MISC1-
                                AMENDMENTS                            
      1946 - Act Aug. 8, 1946, omitted condition that no wells should
    be drilled within two hundred feet of boundaries of leased lands.

                             SAVINGS PROVISION                         
      See note set out under section 181 of this title.

          OUTER CONTINENTAL SHELF; TERMS AND CONDITIONS OF LEASES      
      Terms and conditions of mineral leases on submerged lands of
    outer Continental Shelf, see section 1337 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 226                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 226. Lease of oil and gas lands

-STATUTE-
    (a) Authority of Secretary
      All lands subject to disposition under this chapter which are
    known or believed to contain oil or gas deposits may be leased by
    the Secretary.
    (b) Lands within known geologic structure of a producing oil or gas
      field; lands within special tar sand areas; competitive bidding;
      royalties
      (1)(A) All lands to be leased which are not subject to leasing
    under paragraphs (2) and (3) of this subsection shall be leased as
    provided in this paragraph to the highest responsible qualified
    bidder by competitive bidding under general regulations in units of
    not more than 2,560 acres, except in Alaska, where units shall be
    not more than 5,760 acres. Such units shall be as nearly compact as
    possible. Lease sales shall be conducted by oral bidding. Lease
    sales shall be held for each State where eligible lands are
    available at least quarterly and more frequently if the Secretary
    of the Interior determines such sales are necessary. A lease shall
    be conditioned upon the payment of a royalty at a rate of not less
    than 12.5 percent in amount or value of the production removed or
    sold from the lease. The Secretary shall accept the highest bid
    from a responsible qualified bidder which is equal to or greater
    than the national minimum acceptable bid, without evaluation of the
    value of the lands proposed for lease. Leases shall be issued
    within 60 days following payment by the successful bidder of the
    remainder of the bonus bid, if any, and the annual rental for the
    first lease year. All bids for less than the national minimum
    acceptable bid shall be rejected. Lands for which no bids are
    received or for which the highest bid is less than the national
    minimum acceptable bid shall be offered promptly within 30 days for
    leasing under subsection (c) of this section and shall remain
    available for leasing for a period of 2 years after the competitive
    lease sale.
      (B) The national minimum acceptable bid shall be $2 per acre for
    a period of 2 years from December 22, 1987. Thereafter, the
    Secretary, subject to paragraph (2)(B), may establish by regulation
    a higher national minimum acceptable bid for all leases based upon
    a finding that such action is necessary: (i) to enhance financial
    returns to the United States; and (ii) to promote more efficient
    management of oil and gas resources on Federal lands. Ninety days
    before the Secretary makes any change in the national minimum
    acceptable bid, the Secretary shall notify the Committee on Natural
    Resources of the United States House of Representatives and the
    Committee on Energy and Natural Resources of the United States
    Senate. The proposal or promulgation of any regulation to establish
    a national minimum acceptable bid shall not be considered a major
    Federal action subject to the requirements of section 4332(2)(C) of
    title 42.
      (2)(A)(i) If the lands to be leased are within a special tar sand
    area, they shall be leased to the highest responsible qualified
    bidder by competitive bidding under general regulations in units of
    not more than 5,760 acres, which shall be as nearly compact as
    possible, upon the payment by the lessee of such bonus as may be
    accepted by the Secretary.
      (ii) Royalty shall be 12(!1/2) per centum in amount or value of
    production removed or sold from the lease, subject to subsection
    (k)(1)(c) (!1) of this section.

      (iii) The Secretary may lease such additional lands in special
    tar sand areas as may be required in support of any operations
    necessary for the recovery of tar sands.
      (iv) No lease issued under this paragraph shall be included in
    any chargeability limitation associated with oil and gas leases.
      (B) For any area that contains any combination of tar sand and
    oil or gas (or both), the Secretary may issue under this chapter,
    separately - 
        (i) a lease for exploration for and extraction of tar sand; and
        (ii) a lease for exploration for and development of oil and
      gas.

      (C) A lease issued for tar sand shall be issued using the same
    bidding process, annual rental, and posting period as a lease
    issued for oil and gas, except that the minimum acceptable bid
    required for a lease issued for tar sand shall be $2 per acre.
      (D) The Secretary may waive, suspend, or alter any requirement
    under section 183 of this title that a permittee under a permit
    authorizing prospecting for tar sand must exercise due diligence,
    to promote any resource covered by a combined hydrocarbon lease.
      (3)(A) If the United States held a vested future interest in a
    mineral estate that, immediately prior to becoming a vested present
    interest, was subject to a lease under which oil or gas was being
    produced, or had a well capable of producing, in paying quantities
    at an annual average production volume per well per day of either
    not more than 15 barrels per day of oil or condensate, or not more
    than 60,000 cubic feet of gas, the holder of the lease may elect to
    continue the lease as a noncompetitive lease under subsection
    (c)(1) of this section.
      (B) An election under this paragraph is effective - 
        (i) in the case of an interest which vested after January 1,
      1990, and on or before October 24, 1992, if the election is made
      before the date that is 1 year after October 24, 1992;
        (ii) in the case of an interest which vests within 1 year after
      October 24, 1992, if the election is made before the date that is
      2 years after October 24, 1992; and
        (iii) in any case other than those described in clause (i) or
      (ii), if the election is made prior to the interest becoming a
      vested present interest.

      (C) Notwithstanding the consent requirement referenced in section
    352 of this title, the Secretary shall issue a noncompetitive lease
    under subsection (c)(1) of this section to a holder who makes an
    election under subparagraph (A) and who is qualified to hold a
    lease under this chapter. Such lease shall be subject to all terms
    and conditions under this chapter that are applicable to leases
    issued under subsection (c)(1) of this section.
      (D) A lease issued pursuant to this paragraph shall continue so
    long as oil or gas continues to be produced in paying quantities.
      (E) This paragraph shall apply only to those lands under the
    administration of the Secretary of Agriculture where the United
    States acquired an interest in such lands pursuant to the Act of
    March 1, 1911 (36 Stat. 961 and following).
    (c) Lands subject to leasing under subsection (b); first qualified
      applicant
      (1) If the lands to be leased are not leased under subsection
    (b)(1) of this section or are not subject to competitive leasing
    under subsection (b)(2) of this section, the person first making
    application for the lease who is qualified to hold a lease under
    this chapter shall be entitled to a lease of such lands without
    competitive bidding, upon payment of a non-refundable application
    fee of at least $75. A lease under this subsection shall be
    conditioned upon the payment of a royalty at a rate of 12.5 percent
    in amount or value of the production removed or sold from the
    lease. Leases shall be issued within 60 days of the date on which
    the Secretary identifies the first responsible qualified applicant.
      (2)(A) Lands (i) which were posted for sale under subsection
    (b)(1) of this section but for which no bids were received or for
    which the highest bid was less than the national minimum acceptable
    bid and (ii) for which, at the end of the period referred to in
    subsection (b)(1) of this section no lease has been issued and no
    lease application is pending under paragraph (1) of this
    subsection, shall again be available for leasing only in accordance
    with subsection (b)(1) of this section.
      (B) The land in any lease which is issued under paragraph (1) of
    this subsection or under subsection (b)(1) of this section which
    lease terminates, expires, is cancelled or is relinquished shall
    again be available for leasing only in accordance with subsection
    (b)(1) of this section.
    (d) Annual rentals
      All leases issued under this section, as amended by the Federal
    Onshore Oil and Gas Leasing Reform Act of 1987, shall be
    conditioned upon payment by the lessee of a rental of not less than
    $1.50 per acre per year for the first through fifth years of the
    lease and not less than $2 per acre per year for each year
    thereafter. A minimum royalty in lieu of rental of not less than
    the rental which otherwise would be required for that lease year
    shall be payable at the expiration of each lease year beginning on
    or after a discovery of oil or gas in paying quantities on the
    lands leased.
    (e) Primary terms
      Competitive and noncompetitive leases issued under this section
    shall be for a primary term of 10 years: Provided, however, That
    competitive leases issued in special tar sand areas shall also be
    for a primary term of ten years. Each such lease shall continue so
    long after its primary term as oil or gas is produced in paying
    quantities. Any lease issued under this section for land on which,
    or for which under an approved cooperative or unit plan of
    development or operation, actual drilling operations were commenced
    prior to the end of its primary term and are being diligently
    prosecuted at that time shall be extended for two years and so long
    thereafter as oil or gas is produced in paying quantities.
    (f) Notice of proposed action; posting of notice; terms and maps
      At least 45 days before offering lands for lease under this
    section, and at least 30 days before approving applications for
    permits to drill under the provisions of a lease or substantially
    modifying the terms of any lease issued under this section, the
    Secretary shall provide notice of the proposed action. Such notice
    shall be posted in the appropriate local office of the leasing and
    land management agencies. Such notice shall include the terms or
    modified lease terms and maps or a narrative description of the
    affected lands. Where the inclusion of maps in such notice is not
    practicable, maps of the affected lands shall be made available to
    the public for review. Such maps shall show the location of all
    tracts to be leased, and of all leases already issued in the
    general area. The requirements of this subsection are in addition
    to any public notice required by other law.
    (g) Regulation of surface-disturbing activities; approval of plan
      of operations; bond or surety; failure to comply with reclamation
      requirements as barring lease; opportunity to comply with
      requirements
      The Secretary of the Interior, or for National Forest lands, the
    Secretary of Agriculture, shall regulate all surface-disturbing
    activities conducted pursuant to any lease issued under this
    chapter, and shall determine reclamation and other actions as
    required in the interest of conservation of surface resources. No
    permit to drill on an oil and gas lease issued under this chapter
    may be granted without the analysis and approval by the Secretary
    concerned of a plan of operations covering proposed surface-
    disturbing activities within the lease area. The Secretary
    concerned shall, by rule or regulation, establish such standards as
    may be necessary to ensure that an adequate bond, surety, or other
    financial arrangement will be established prior to the commencement
    of surface-disturbing activities on any lease, to ensure the
    complete and timely reclamation of the lease tract, and the
    restoration of any lands or surface waters adversely affected by
    lease operations after the abandonment or cessation of oil and gas
    operations on the lease. The Secretary shall not issue a lease or
    leases or approve the assignment of any lease or leases under the
    terms of this section to any person, association, corporation, or
    any subsidiary, affiliate, or person controlled by or under common
    control with such person, association, or corporation, during any
    period in which, as determined by the Secretary of the Interior or
    Secretary of Agriculture, such entity has failed or refused to
    comply in any material respect with the reclamation requirements
    and other standards established under this section for any prior
    lease to which such requirements and standards applied. Prior to
    making such determination with respect to any such entity the
    concerned Secretary shall provide such entity with adequate
    notification and an opportunity to comply with such reclamation
    requirements and other standards and shall consider whether any
    administrative or judicial appeal is pending. Once the entity has
    complied with the reclamation requirement or other standard
    concerned an oil or gas lease may be issued to such entity under
    this chapter.
    (h) National Forest System Lands
      The Secretary of the Interior may not issue any lease on National
    Forest System Lands reserved from the public domain over the
    objection of the Secretary of Agriculture.
    (i) Termination
      No lease issued under this section which is subject to
    termination because of cessation of production shall be terminated
    for this cause so long as reworking or drilling operations which
    were commenced on the land prior to or within sixty days after
    cessation of production are conducted thereon with reasonable
    diligence, or so long as oil or gas is produced in paying
    quantities as a result of such operations. No lease issued under
    this section shall expire because operations or production is
    suspended under any order, or with the consent, of the Secretary.
    No lease issued under this section covering lands on which there is
    a well capable of producing oil or gas in paying quantities shall
    expire because the lessee fails to produce the same unless the
    lessee is allowed a reasonable time, which shall be not less than
    sixty days after notice by registered or certified mail, within
    which to place such well in producing status or unless, after such
    status is established, production is discontinued on the leased
    premises without permission granted by the Secretary under the
    provisions of this chapter.
    (j) Drainage agreements; primary term of lease, extension
      Whenever it appears to the Secretary that lands owned by the
    United States are being drained of oil or gas by wells drilled on
    adjacent lands, he may negotiate agreements whereby the United
    States, or the United States and its lessees, shall be compensated
    for such drainage. Such agreements shall be made with the consent
    of the lessees, if any, affected thereby. If such agreement is
    entered into, the primary term of any lease for which compensatory
    royalty is being paid, or any extension of such primary term, shall
    be extended for the period during which such compensatory royalty
    is paid and for a period of one year from discontinuance of such
    payment and so long thereafter as oil or gas is produced in paying
    quantities.
    (k) Mining claims; suspension of running time of lease
      If, during the primary term or any extended term of any lease
    issued under this section, a verified statement is filed by any
    mining claimant pursuant to subsection (c) of section 527 of this
    title, whether such filing occur prior to September 2, 1960 or
    thereafter, asserting the existence of a conflicting unpatented
    mining claim or claims upon which diligent work is being prosecuted
    as to any lands covered by the lease, the running of time under
    such lease shall be suspended as to the lands involved from the
    first day of the month following the filing of such verified
    statement until a final decision is rendered in the matter.
    (l) Exchange of leases; conditions
      The Secretary of the Interior shall, upon timely application
    therefor, issue a new lease in exchange for any lease issued for a
    term of twenty years, or any renewal thereof, or any lease issued
    prior to August 8, 1946, in exchange for a twenty-year lease, such
    new lease to be for a primary term of five years and so long
    thereafter as oil or gas is produced in paying quantities and at a
    royalty rate of not less than 12 1/2  per centum in amount or value
    of the production removed or sold from such leases, except that the
    royalty rate shall be 12 1/2  per centum in amount or value of the
    production removed or sold from said leases as to (1) such leases,
    or such parts of the lands subject thereto and the deposits
    underlying the same, as are not believed to be within the
    productive limits of any producing oil or gas deposit, as such
    productive limits are found by the Secretary to have existed on
    August 8, 1946; and (2) any production on a lease from an oil or
    gas deposit which was discovered after May 27, 1941, by a well or
    wells drilled within the boundaries of the lease, and which is
    determined by the Secretary to be a new deposit; and (3) any
    production on or allocated to a lease pursuant to an approved
    cooperative or unit plan of development or operation from an oil or
    gas deposit which was discovered after May 27, 1941, on land
    committed to such plan, and which is determined by the Secretary to
    be a new deposit, where such lease, or a lease for which it is
    exchanged, was included in such plan at the time of discovery or
    was included in a duly executed and filed application for the
    approval of such plan at the time of discovery.
    (m) Cooperative or unit plan; authority of Secretary of the
      Interior to alter or modify; communitization or drilling
      agreements; term of lease, conditions; Secretary to approve
      operating, drilling or development contracts, and subsurface
      storage
      For the purpose of more properly conserving the natural resources
    of any oil or gas pool, field, or like area, or any part thereof
    (whether or not any part of said oil or gas pool, field, or like
    area, is then subject to any cooperative or unit plan of
    development or operation), lessees thereof and their
    representatives may unite with each other, or jointly or separately
    with others, in collectively adopting and operating under a
    cooperative or unit plan of development or operation of such pool,
    field, or like area, or any part thereof, whenever determined and
    certified by the Secretary of the Interior to be necessary or
    advisable in the public interest. The Secretary is thereunto
    authorized, in his discretion, with the consent of the holders of
    leases involved, to establish, alter, change, or revoke drilling,
    producing, rental, minimum royalty, and royalty requirements of
    such leases and to make such regulations with reference to such
    leases, with like consent on the part of the lessees, in connection
    with the institution and operation of any such cooperative or unit
    plan as he may deem necessary or proper to secure the proper
    protection of the public interest. The Secretary may provide that
    oil and gas leases hereafter issued under this chapter shall
    contain a provision requiring the lessee to operate under such a
    reasonable cooperative or unit plan, and he may prescribe such a
    plan under which such lessee shall operate, which shall adequately
    protect the rights of all parties in interest, including the United
    States.
      Any plan authorized by the preceding paragraph which includes
    lands owned by the United States may, in the discretion of the
    Secretary, contain a provision whereby authority is vested in the
    Secretary of the Interior, or any such person, committee, or State
    or Federal officer or agency as may be designated in the plan, to
    alter or modify from time to time the rate of prospecting and
    development and the quantity and rate of production under such
    plan. All leases operated under any such plan approved or
    prescribed by the Secretary shall be excepted in determining
    holdings or control under the provisions of any section of this
    chapter.
      When separate tracts cannot be independently developed and
    operated in conformity with an established well-spacing or
    development program, any lease, or a portion thereof, may be pooled
    with other lands, whether or not owned by the United States, under
    a communitization or drilling agreement providing for an
    apportionment of production or royalties among the separate tracts
    of land comprising the drilling or spacing unit when determined by
    the Secretary of the Interior to be in the public interest, and
    operations or production pursuant to such an agreement shall be
    deemed to be operations or production as to each such lease
    committed thereto.
      Any lease issued for a term of twenty years, or any renewal
    thereof, or any portion of such lease that has become the subject
    of a cooperative or unit plan of development or operation of a
    pool, field, or like area, which plan has the approval of the
    Secretary of the Interior, shall continue in force until the
    termination of such plan. Any other lease issued under any section
    of this chapter which has heretofore or may hereafter be committed
    to any such plan that contains a general provision for allocation
    of oil or gas shall continue in force and effect as to the land
    committed so long as the lease remains subject to the plan:
    Provided, That production is had in paying quantities under the
    plan prior to the expiration date of the term of such lease. Any
    lease heretofore or hereafter committed to any such plan embracing
    lands that are in part within and in part outside of the area
    covered by any such plan shall be segregated into separate leases
    as to the lands committed and the lands not committed as of the
    effective date of unitization: Provided, however, That any such
    lease as to the nonunitized portion shall continue in force and
    effect for the term thereof but for not less than two years from
    the date of such segregation and so long thereafter as oil or gas
    is produced in paying quantities. The minimum royalty or discovery
    rental under any lease that has become subject to any cooperative
    or unit plan of development or operation, or other plan that
    contains a general provision for allocation of oil or gas, shall be
    payable only with respect to the lands subject to such lease to
    which oil or gas shall be allocated under such plan. Any lease
    which shall be eliminated from any such approved or prescribed
    plan, or from any communitization or drilling agreement authorized
    by this section, and any lease which shall be in effect at the
    termination of any such approved or prescribed plan, or at the
    termination of any such communitization or drilling agreement,
    unless relinquished, shall continue in effect for the original term
    thereof, but for not less than two years, and so long thereafter as
    oil or gas is produced in paying quantities.
      The Secretary of the Interior is hereby authorized, on such
    conditions as he may prescribe, to approve operating, drilling, or
    development contracts made by one or more lessees of oil or gas
    leases, with one or more persons, associations, or corporations
    whenever, in his discretion, the conservation of natural products
    or the public convenience or necessity may require it or the
    interests of the United States may be best subserved thereby. All
    leases operated under such approved operating, drilling, or
    development contracts, and interests thereunder, shall be excepted
    in determining holdings or control under the provisions of this
    chapter.
      The Secretary of the Interior, to avoid waste or to promote
    conservation of natural resources, may authorize the subsurface
    storage of oil or gas, whether or not produced from federally owned
    lands, in lands leased or subject to lease under this chapter. Such
    authorization may provide for the payment of a storage fee or
    rental on such stored oil or gas or, in lieu of such fee or rental,
    for a royalty other than that prescribed in the lease when such
    stored oil or gas is produced in conjunction with oil or gas not
    previously produced. Any lease on which storage is so authorized
    shall be extended at least for the period of storage and so long
    thereafter as oil or gas not previously produced is produced in
    paying quantities.
    (n) Conversion of oil and gas leases and claims on hydrocarbon
      resources to combined hydrocarbon leases for primary term of 10
      years; application
      (1)(A) The owner of (1) an oil and gas lease issued prior to
    November 16, 1981, or (2) a valid claim to any hydrocarbon
    resources leasable under this section based on a mineral location
    made prior to January 21, 1926, and located within a special tar
    sand area shall be entitled to convert such lease or claim to a
    combined hydrocarbon lease for a primary term of ten years upon the
    filing of an application within two years from November 16, 1981,
    containing an acceptable plan of operations which assures
    reasonable protection of the environment and diligent development
    of those resources requiring enhanced recovery methods of
    development or mining. For purposes of conversion, no claim shall
    be deemed invalid solely because it was located as a placer
    location rather than a lode location or vice versa, notwithstanding
    any previous adjudication on that issue.
      (B) The Secretary shall issue final regulations to implement this
    section within six months of November 16, 1981. If any oil and gas
    lease eligible for conversion under this section would otherwise
    expire after November 16, 1981, and before six months following the
    issuance of implementing regulations, the lessee may preserve his
    conversion right under such lease for a period ending six months
    after the issuance of implementing regulations by filing with the
    Secretary, before the expiration of the lease, a notice of intent
    to file an application for conversion. Upon submission of a
    complete plan of operations in substantial compliance with the
    regulations promulgated by the Secretary for the filing of such
    plans, the Secretary shall suspend the running of the term of any
    oil and gas lease proposed for conversion until the plan is finally
    approved or disapproved. The Secretary shall act upon a proposed
    plan of operations within fifteen months of its submittal.
      (C) When an existing oil and gas lease is converted to a combined
    hydrocarbon lease, the royalty shall be that provided for in the
    original oil and gas lease and for a converted mining claim, 12 1/2
     per centum in amount or value of production removed or sold from
    the lease.
      (2) Except as provided in this section, nothing in the Combined
    Hydrocarbon Leasing Act of 1981 shall be construed to diminish or
    increase the rights of any lessee under any oil and gas lease
    issued prior to November 16, 1981.
    (o) Certain outstanding oil and gas deposits
      (1) Prior to the commencement of surface-disturbing activities
    relating to the development of oil and gas deposits on lands
    described under paragraph (5), the Secretary of Agriculture shall
    require, pursuant to regulations promulgated by the Secretary, that
    such activities be subject to terms and conditions as provided
    under paragraph (2).
      (2) The terms and conditions referred to in paragraph (1) shall
    require that reasonable advance notice be furnished to the
    Secretary of Agriculture at least 60 days prior to the commencement
    of surface disturbing activities.
      (3) Advance notice under paragraph (2) shall include each of the
    following items of information:
        (A) A designated field representative.
        (B) A map showing the location and dimensions of all
      improvements, including but not limited to, well sites and road
      and pipeline accesses.
        (C) A plan of operations, of an interim character if necessary,
      setting forth a schedule for construction and drilling.
        (D) A plan of erosion and sedimentation control.
        (E) Proof of ownership of mineral title.

    Nothing in this subsection shall be construed to affect any
    authority of the State in which the lands concerned are located to
    impose any requirements with respect to such oil and gas
    operations.
      (4) The person proposing to develop oil and gas deposits on lands
    described under paragraph (5) shall either - 
        (A) permit the Secretary to market merchantable timber owned by
      the United States on lands subject to such activities; or
        (B) arrange to purchase merchantable timber on lands subject to
      such surface disturbing activities from the Secretary of
      Agriculture, or otherwise arrange for the disposition of such
      merchantable timber, upon such terms and upon such advance notice
      of the items referred to in subparagraphs (A) through (E) of
      paragraph (3) as the Secretary may accept.

      (5)(A) The lands referred to in this subsection are those lands
    referenced in subparagraph (B) which are under the administration
    of the Secretary of Agriculture where the United States acquired an
    interest in such lands pursuant to the Act of March 1, 1911 (36
    Stat. 961 and following), but does not have an interest in oil and
    gas deposits that may be present under such lands. This subsection
    does not apply to any such lands where, under the provisions of its
    acquisition of an interest in the lands, the United States is to
    acquire any oil and gas deposits that may be present under such
    lands in the future but such interest has not yet vested with the
    United States.
      (B) This subsection shall only apply in the Allegheny National
    Forest.
    (p) Deadlines for consideration of applications for permits
      (1) In general
        Not later than 10 days after the date on which the Secretary
      receives an application for any permit to drill, the Secretary
      shall - 
          (A) notify the applicant that the application is complete; or
          (B) notify the applicant that information is missing and
        specify any information that is required to be submitted for
        the application to be complete.
      (2) Issuance or deferral
        Not later than 30 days after the applicant for a permit has
      submitted a complete application, the Secretary shall - 
          (A) issue the permit, if the requirements under the National
        Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and
        other applicable law have been completed within such timeframe;
        or
          (B) defer the decision on the permit and provide to the
        applicant a notice - 
            (i) that specifies any steps that the applicant could take
          for the permit to be issued; and
            (ii) a list of actions that need to be taken by the agency
          to complete compliance with applicable law together with
          timelines and deadlines for completing such actions.
      (3) Requirements for deferred applications
        (A) In general
          If the Secretary provides notice under paragraph (2)(B), the
        applicant shall have a period of 2 years from the date of
        receipt of the notice in which to complete all requirements
        specified by the Secretary, including providing information
        needed for compliance with the National Environmental Policy
        Act of 1969.
        (B) Issuance of decision on permit
          If the applicant completes the requirements within the period
        specified in subparagraph (A), the Secretary shall issue a
        decision on the permit not later than 10 days after the date of
        completion of the requirements described in subparagraph (A),
        unless compliance with the National Environmental Policy Act of
        1969 and other applicable law has not been completed within
        such timeframe.
        (C) Denial of permit
          If the applicant does not complete the requirements within
        the period specified in subparagraph (A) or if the applicant
        does not comply with applicable law, the Secretary shall deny
        the permit.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 17, 41 Stat. 443; July 3, 1930, ch.
    854, Sec. 1, 46 Stat. 1007; Mar. 4, 1931, ch. 506, 46 Stat. 1523;
    Aug. 21, 1935, ch. 599, Sec. 1, 49 Stat. 676; Aug. 8, 1946, ch.
    916, Sec. 3, 60 Stat. 951; July 29, 1954, ch. 644, Sec. 1(1)-(3),
    68 Stat. 583; Pub. L. 86-507, Sec. 1(21), June 11, 1960, 74 Stat.
    201; Pub. L. 86-705, Sec. 2, Sept. 2, 1960, 74 Stat. 781; Pub. L.
    97-78, Sec. 1(6), (8), Nov. 16, 1981, 95 Stat. 1070, 1071; Pub. L.
    100-203, title V, Sec. 5102(a)-(d)(1), Dec. 22, 1987, 101 Stat.
    1330-256, 1330-257; Pub. L. 102-486, title XXV, Secs. 2507(a),
    2508(a), 2509, Oct. 24, 1992, 106 Stat. 3107-3109; Pub. L. 103-437,
    Sec. 11(a)(1), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 104-66, title
    I, Sec. 1081(a), Dec. 21, 1995, 109 Stat. 721; Pub. L. 109-58,
    title III, Secs. 350(a), (b), 366, 369(j)(1), Aug. 8, 2005, 119
    Stat. 711, 726, 730.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 1, 1911, referred to in subsecs. (b)(3)(E) and
    (o)(5)(A), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended,
    known as the Weeks Law, which is classified to sections 480, 500,
    513 to 519, 521, 552, and 563 of Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 552 of Title 16 and Tables.
      The Federal Onshore Oil and Gas Leasing Reform Act of 1987,
    referred to in subsec. (d), is subtitle B (Secs. 5101 to 5113) of
    title V of Pub. L. 100-203, Dec. 22, 1987, 101 Stat. 1330-256. For
    complete classification of this Act to the Code, see Short Title of
    1987 Amendment note set out under section 181 of this title and
    Tables.
      The Combined Hydrocarbon Leasing Act of 1981, referred to in
    subsec. (n)(2), is Pub. L. 97-78, Nov. 16, 1981, 95 Stat. 1070,
    which amended sections 181, 182, 184, 209, 226, 241, 351, and 352
    of this title and enacted a provision set out as a note under
    section 181 of this title. For complete classification of this Act
    to the Code, see Short Title of 1981 Amendment note set out under
    section 181 of this title and Tables.
      The National Environmental Policy Act of 1969, referred to in
    subsec. (p)(2)(A), (3)(A), (B), is Pub. L. 91-190, Jan. 1, 1970, 83
    Stat. 852, as amended, which is classified generally to chapter 55
    (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 4321 of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(1)(B). Pub. L. 109-58, Sec. 350(b), inserted
    ", subject to paragraph (2)(B)," after "Thereafter, the Secretary".
      Subsec. (b)(2). Pub. L. 109-58, Sec. 350(a), designated existing
    provisions as subpar. (A) and added subpars. (B) to (D).
      Subsec. (b)(2)(A). Pub. L. 109-58, Sec. 369(j)(1), designated
    first sentence as cl. (i), substituted "5,760" for "five thousand
    one hundred and twenty", designated second and third sentences as
    cls. (ii) and (iii), respectively, and added cl. (iv).
      Subsec. (p). Pub. L. 109-58, Sec. 366, added subsec. (p).
      1995 - Subsec. (j). Pub. L. 104-66 struck out at end "The
    Secretary shall report to Congress at the beginning of each regular
    session all such agreements entered into during the previous year
    which involve unleased Government lands."
      1994 - Subsec. (b)(1)(B). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the United
    States House".
      1992 - Subsec. (b)(1)(A). Pub. L. 102-486, Sec. 2507(a)(1),
    substituted "under paragraphs (2) and (3)" for "under paragraph
    (2)".
      Subsec. (b)(3). Pub. L. 102-486, Sec. 2507(a)(2), added par. (3).
      Subsec. (e). Pub. L. 102-486, Sec. 2509, substituted "Competitive
    and noncompetitive leases issued under this section shall be for a
    primary term of 10 years: Provided, however," for "Competitive
    leases issued under this section shall be for a primary term of
    five years and noncompetitive leases for a primary term of ten
    years: Provided, however,".
      Subsec. (o). Pub. L. 102-486, Sec. 2508(a), added subsec. (o).
      1987 - Subsec. (b)(1). Pub. L. 100-203, Sec. 5102(a), amended
    par. (1) generally. Prior to amendment, par. (1) read as follows:
    "If the lands to be leased are within any known geological
    structure of a producing oil or gas field, they shall be leased to
    the highest responsible qualified bidder by competitive bidding
    under general regulations in units of not more than six hundred and
    forty acres, which shall be as nearly compact in form as possible,
    upon the payment by the lessee of such bonus as may be accepted by
    the Secretary and of such royalty as may be fixed in the lease,
    which shall be not less than 12 1/2  per centum in amount or value
    of the production removed or sold from the lease."
      Subsec. (c). Pub. L. 100-203, Sec. 5102(b), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "If the
    lands to be leased are not subject to leasing under subsection (b)
    of this section, the person first making application for the lease
    who is qualified to hold a lease under this chapter shall be
    entitled to a lease of such lands without competitive bidding. Such
    leases shall be conditioned upon the payment by the lessee of a
    royalty of 12 1/2  per centum in amount or value of the production
    removed or sold from the lease."
      Subsec. (d). Pub. L. 100-203, Sec. 5102(c), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "All
    leases issued under this section shall be conditioned upon payment
    by the lessee of a rental of not less than 50 cents per acre for
    each year of the lease. Each year's lease rental shall be paid in
    advance. A minimum royalty of $1 per acre in lieu of rental shall
    be payable at the expiration of each lease year beginning on or
    after a discovery of oil or gas in paying quantities on the lands
    leased."
      Subsecs. (f) to (n). Pub. L. 100-203, Sec. 5102(d)(1), added
    subsecs. (f) to (h) and redesignated former subsecs. (f) to (k) as
    (i) to (n), respectively.
      1981 - Subsec. (b). Pub. L. 97-78, Sec. 1(6)(a), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (c). Pub. L. 97-78, Sec. 1(6)(b), substituted "subject to
    leasing under subsection (b) of this section" for "within any known
    geological structure of a producing oil or gas field".
      Subsec. (e). Pub. L. 97-78, Sec. 1(6)(c), inserted proviso that
    competitive leases in special tar sand areas be for a primary term
    of ten years.
      Subsec. (k). Pub. L. 97-78, Sec. 1(8), added subsec. (k).
      1960 - Pub. L. 86-705 generally amended this section and sections
    226d and 226e of this title, combining all three sections and
    subdividing provisions into subsections (a) to (j) of this section.
    Among other changes were: substitution of a fixed 10-year term for
    a renewable 5-year term for noncompetitive leases, the addition of
    subsec. (h) provisions with respect to the running of time against
    a lease during a contest of the claim, an increase in the minimum
    yearly rentals from 25 to 50 cents an acre, and striking out
    provisions that permitted a waiver of second-year and third-year
    rentals in certain situations.
      Pub. L. 86-507 authorized notice of withdrawal to be given by
    certified mail.
      1954 - Act July 29, 1954, in second par., provided, that no lease
    shall terminate for nonproduction (1) if reworking or drilling
    operations are begun within 60 days after cessation of production,
    (2) if cessation of production is by order or with consent of the
    Secretary of the Interior, or (3) unless the lessee is given a
    reasonable time of at least 60 days to place a well, capable of
    producing paying quantities of oil or gas, on a producing status.
      Act July 29, 1954, in third par., made sure that if a lessee
    seasonably applies for an extension of the initial five-year term
    of the lease he will be given such extension for either 5 years or
    2 years, depending on whether or not the land is in a producing
    structure.
      Act July 29, 1954, in fifth par., provided that the primary term
    of a lease which is effected by an agreement under which the United
    States received compensatory royalty remains in full force and
    effect for 1 year following discontinuance of compensatory royalty
    payments.
      1946 - Act Aug. 8, 1946, principally substituted, with respect to
    the leasing of lands not within a known geological structure of a
    producing oil or gas field, a royalty rate of 12 1/2  per cent
    without further provision as to lease terms or quality of
    production; substituted a minimum royalty of $1 per acre per annum
    after discovery for the advance rental of not less than 25 cents
    per acre per annum required prior to discovery; provided that all
    leases shall be for a primary term of 5 years which shall continue
    thereafter for so long as oil or gas is produced in paying
    quantities, and that leases, with certain exceptions, shall be
    subject to one renewal for 5 years, and, if not subject to renewal,
    shall extend for an additional 2 years if diligent operations are
    in progress at the lease expiration date.
      1935 - Act Aug. 21, 1935, amended section generally.
      1931 - Act Mar. 4, 1931, amended section generally.
      1930 - Act July 3, 1930, amended section generally.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 2507(b) of Pub. L. 102-486 provided that: "The amendments
    made by subsection (a) [amending this section] apply with respect
    to those mineral estates in which the interest of the United States
    becomes a vested present interest after January 1, 1990."

                                REGULATIONS                            
      Pub. L. 109-58, title III, Sec. 350(c), Aug. 8, 2005, 119 Stat.
    711, provided that: "Not later than 45 days after the date of
    enactment of this Act [Aug. 8, 2005], the Secretary [of the
    Interior] shall issue final regulations to implement this section
    [amending this section]."
      Section 2508(b) of Pub. L. 102-486 provided that: "Within 90 days
    after the enactment of this Act [Oct. 24, 1992] the Secretary of
    Agriculture shall promulgate regulations to implement the amendment
    made by subsection (a) [amending this section]."
      Section 5107 of Pub. L. 100-203 provided that:
      "(a) Regulations. - The Secretary shall issue final regulations
    to implement this subtitle [subtitle B (Secs. 5101-5113) of title V
    of Pub. L. 100-203, see Short Title of 1987 Amendment note set out
    under section 181 of this title] within 180 days after the
    enactment of this subtitle [Dec. 22, 1987]. The regulations shall
    be effective when published in the Federal Register.
      "(b) Treatment Under Other Law. - The proposal or promulgation of
    such regulations shall not be considered a major Federal action
    subject to the requirements of section 102(2)(C) of the National
    Environmental Policy Act of 1969 [42 U.S.C. 4332(2)(C)].
      "(c) Test Sale. - The Secretary may hold one or more lease sales
    conducted in accordance with the amendments made by this subtitle
    before promulgation of regulations referred to in subsection (a).
    Sale procedures for such sale shall be established in the notice of
    sale."

                             SAVINGS PROVISION                         
      Section 8 of Pub. L. 86-705 provided that: "No amendment made by
    this Act [see Short Title of 1960 Amendment note set out under
    section 181 of this title] shall affect any valid right in
    existence on the effective date [Sept. 2, 1960] of the Mineral
    Leasing Act Revision of 1960."
      See note set out under section 181 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior, referred to in subsec.
    (j), to promulgate regulations under this chapter relating to
    establishment of diligence requirements for operations conducted on
    Federal leases, setting of rates for production of Federal leases,
    and specifying of procedures, terms, and conditions for acquisition
    and disposition of Federal royalty interests taken in kind,
    transferred to Secretary of Energy by section 7152(b) of Title 42,
    The Public Health and Welfare. Section 7152(b) of Title 42 was
    repealed by Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95
    Stat. 1407, and functions of Secretary of Energy returned to
    Secretary of the Interior. See House Report No. 97-315, pp. 25, 26,
    Nov. 5, 1981.


-MISC3-
                  PENDING APPLICATIONS, OFFERS, AND BIDS              
      Section 5106 of Pub. L. 100-203 provided that:
      "(a) Notwithstanding any other provision of this subtitle
    [subtitle B (Secs. 5101-5113) of title V of Pub. L. 100-203, see
    Short Title of 1987 Amendment note set out under section 181 of
    this title] and except as provided in subsection (b) of this
    section, all noncompetitive oil and gas lease applications and
    offers and competitive oil and gas bids pending on the date of
    enactment of this subtitle [Dec. 22, 1987] shall be processed, and
    leases shall be issued under the provisions of the Act of February
    25, 1920 [this chapter], as in effect before its amendment by this
    subtitle, except where the issuance of any such lease would not be
    lawful under such provisions or other applicable law.
      "(b) No noncompetitive lease applications or offers pending on
    the date of enactment of this subtitle for lands within the Shawnee
    National Forest, Illinois; the Ouachita National Forest, Arkansas;
    Fort Chaffee, Arkansas; or Eglin Air Force Base, Florida; shall be
    processed until these lands are posted for competitive bidding in
    accordance with section 5102 of this subtitle [amending this
    section and section 188 of this title]. If any such tract does not
    receive a bid equal to or greater than the national minimum
    acceptable bid from a responsible qualified bidder then the
    noncompetitive applications or offers pending for such a tract
    shall be reinstated and noncompetitive leases issued under the Act
    of February 25, 1920, as in effect before its amendment by this
    subtitle, except where the issuance of any such lease would not be
    lawful under such provisions or other applicable law. If
    competitive leases are issued for any such tract, then the pending
    noncompetitive application or offer shall be rejected.
      "(c) Except as provided in subsections (a) and (b) of this
    section, all oil and gas leasing pursuant to the Act of February
    25, 1920, after the date of enactment of this subtitle shall be
    conducted in accordance with the provisions of this subtitle."

                            REPORT TO CONGRESS                        
      Section 5110 of Pub. L. 100-203 provided that: "The Secretary
    shall submit annually for 5 years after enactment of this subtitle
    [Dec. 22, 1987] to the Congress a report containing appropriate
    information to facilitate congressional monitoring of this subtitle
    [subtitle B (Secs. 5101-5113) of title V of Pub. L. 100-203, see
    Short Title of 1987 Amendment note set out under section 181 of
    this title]. Such report shall include, but not be limited to - 
        "(1) the number of acres leased, and the number of leases
      issued, competitively and noncompetitively;
        "(2) the amount of revenue received from bonus bids, filing
      fees, rentals, and royalties;
        "(3) the amount of production from competitive and
      noncompetitive leases; and
        "(4) such other data and information as will facilitate - 
          "(A) an assessment of the onshore oil and gas leasing system,
        and
          "(B) a comparison of the system as revised by this subtitle
        with the system in operation prior to the enactment of this
        subtitle."

                              LAND USE STUDY                          
      Section 5111 of Pub. L. 100-203 provided that: "The National
    Academy of Sciences and the Comptroller General of the United
    States shall conduct a study of the manner in which oil and gas
    resources are considered in the land use plans developed by the
    Secretary of the Interior in accordance with provisions of the
    Federal Land Policy and Management Act of 1976 (90 Stat. 2743)
    [Pub. L. 94-579, see Short Title note under 43 U.S.C. 1701] and the
    Secretary of Agriculture in accordance with the Forest and
    Rangeland Renewable Resources Planning Act of 1974 (88 Stat. 476)
    [Pub. L. 93-378, 16 U.S.C. 1600 et seq.], as amended by the
    National Forest Management Act of 1976 (90 Stat. 2949) [Pub. L. 94-
    588, see Short Title of 1976 Amendment note under 16 U.S.C. 1600],
    and recommend any improvements that may be necessary to ensure that
    - 
        "(1) potential oil and gas resources are adequately addressed
      in planning documents;
        "(2) the social, economic, and environmental consequences of
      exploration and development of oil and gas resources are
      determined; and
        "(3) any stipulations to be applied to oil and gas leases are
      clearly identified."

    REINSTATEMENT AND EXTENSION OF CERTAIN TEN-YEAR OIL AND GAS LEASES
      Act July 14, 1952, ch. 742, 66 Stat. 630, provided: "That any
    lease issued for a ten-year term in exchange for an oil and gas
    prospecting permit pursuant to sections 13 and 17 of the Act
    entitled 'An Act to promote the mining of coal, phosphate, oil, oil
    shale, gas, and sodium on the public domain', approved February 25,
    1920, as amended by the Act of August 21, 1935 (49 Stat. 674)
    [sections 221 and 226, respectively, of this title], and prior to
    amendment by the Act of August 8, 1946 [act Aug. 8, 1946, ch. 916,
    Sec. 3, 60 Stat. 951], and upon which drilling operations were
    being diligently prosecuted on the expiration date of such lease,
    prior to the effective date of this Act [July 14, 1952], is hereby
    reinstated effective from the expiration date of the lease and
    shall continue in effect for a period of two years after the
    effective date of this Act and so long thereafter as oil or gas is
    produced in paying quantities, if, within ninety days after the
    enactment of this Act, payment is made, under the terms of such
    lease as reinstated and extended, of any sums due the United States
    for prior years. This Act shall not be applicable to any lands
    which, subsequent to such expiration and prior to the enactment of
    this Act, have been withdrawn from leasing, leased, or otherwise
    disposed of."

                      OUTER CONTINENTAL SHELF; LEASES                  
      Grant by Secretary of the Interior of oil, gas, and other mineral
    leases on submerged lands of outer Continental Shelf, see section
    1331 et seq. of Title 43, Public Lands.

-FOOTNOTE-
    (!1) So in original. Probably should be subsection "(k)(1)(C)".


-End-



-CITE-
    30 USC Sec. 226-1                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 226-1. Extension of noncompetitive oil or gas lease issued
      before September 2, 1960

-STATUTE-
    (a) Lands not withdrawn from leasing
      Upon the expiration of the initial five-year term of any
    noncompetitive oil or gas lease which was issued prior to September
    2, 1960, and which has been maintained in accordance with
    applicable statutory requirements and regulations, the record
    titleholder thereof shall be entitled to a single extension of the
    lease, unless then otherwise provided by law, for such lands
    covered by it as are not, on the expiration date of the lease,
    withdrawn from leasing. A withdrawal, however, shall not affect the
    right to an extension if actual drilling operations on such lands
    were commenced prior to the effective date of the withdrawal and
    were being diligently prosecuted on the expiration date of the
    lease. No withdrawal shall be effective within the meaning of this
    section until ninety days after notice thereof has been sent by
    registered or certified mail to each lessee to be affected by such
    withdrawal.
    (b) Known and unknown geologic structures of producing fields
      As to lands not within the known geologic structure of a
    producing oil or gas field, a noncompetitive oil or gas lease to
    which this section is applicable shall be extended for a period of
    five years and so long thereafter as oil or gas is produced in
    paying quantities. As to lands within the known geologic structure
    of a producing oil or gas field, a noncompetitive lease to which
    this section is applicable shall be extended for a period of two
    years and so long thereafter as oil or gas is produced in paying
    quantities.
    (c) Application requirement
      Any noncompetitive oil or gas lease extended under this section
    shall be subject to the rules and regulations in force at the
    expiration of the initial five-year term of the lease. No extension
    shall be granted, however, unless within a period of ninety days
    prior to the expiration date of the lease an application therefor
    is filed by the record titleholder or an assignee whose assignment
    has been filed for approval or an operator whose operating
    agreement has been filed for approval.
    (d) Commencement of actual drilling operations
      Any lease issued prior to September 2, 1960, which has been
    maintained in accordance with applicable statutory requirements and
    regulations and which pertains to land on which, or for which under
    an approved cooperative or unit plan of development or operation,
    actual drilling operations were commenced prior to the end of its
    primary term and are being diligently prosecuted at that time shall
    be extended for two years and so long thereafter as oil or gas is
    produced in paying quantities.

-SOURCE-
    (Pub. L. 86-705, Sec. 4, Sept. 2, 1960, 74 Stat. 789.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of Mineral Leasing Act Revision of
    1960, and not as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437,
    known as the Mineral Leasing Act, which comprises this chapter.

-End-



-CITE-
    30 USC Sec. 226-2                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 226-2. Limitations for filing oil and gas contests

-STATUTE-
      No action contesting a decision of the Secretary involving any
    oil and gas lease shall be maintained unless such action is
    commenced or taken within ninety days after the final decision of
    the Secretary relating to such matter. No such action contesting
    such a decision of the Secretary rendered prior to September 2,
    1960 shall be maintained unless the same be commenced or taken
    within ninety days after September 2, 1960.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 42, as added Pub. L. 86-705, Sec. 5,
    Sept. 2, 1960, 74 Stat. 790.)

-End-



-CITE-
    30 USC Sec. 226-3                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 226-3. Lands not subject to oil and gas leasing

-STATUTE-
    (a) Prohibition
      The Secretary shall not issue any lease under this chapter or
    under the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.] on
    any of the following Federal lands:
        (1) Lands recommended for wilderness allocation by the surface
      managing agency.
        (2) Lands within Bureau of Land Management wilderness study
      areas.
        (3) Lands designated by Congress as wilderness study areas,
      except where oil and gas leasing is specifically allowed to
      continue by the statute designating the study area.
        (4) Lands within areas allocated for wilderness or further
      planning in Executive Communication 1504, Ninety-Sixth Congress
      (House Document numbered 96-119), unless such lands are allocated
      to uses other than wilderness by a land and resource management
      plan or have been released to uses other than wilderness by an
      act of Congress.
    (b) Exploration
      In the case of any area of National Forest or public lands
    subject to this section, nothing in this section shall affect any
    authority of the Secretary of the Interior (or for National Forest
    Lands reserved from the public domain, the Secretary of
    Agriculture) to issue permits for exploration for oil and gas,
    coal, oil shale, phosphate, potassium, sulphur, gilsonite or
    geothermal resources by means not requiring construction of roads
    or improvement of existing roads if such activity is conducted in a
    manner compatible with the preservation of the wilderness
    environment.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 43, as added Pub. L. 100-203, title V,
    Sec. 5112, Dec. 22, 1987, 101 Stat. 1330-262; amended Pub. L. 100-
    443, Sec. 5(c), Sept. 22, 1988, 102 Stat. 1768.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Geothermal Steam Act of 1970, referred to in subsec. (a), is
    Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, which is classified
    principally to chapter 23 (Sec. 1001 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1001 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-443, Sec. 5(c)(1), inserted "or
    under the Geothermal Steam Act of 1970" after "under this chapter"
    and directed that "oil and gas" be stricken which was executed by
    striking those words where they appeared after "not issue any" in
    introductory provisions, but not where they appeared in par. (3) as
    the probable intent of Congress.
      Subsec. (b). Pub. L. 100-443, Sec. 5(c)(2), inserted ", coal, oil
    shale, phosphate, potassium, sulphur, gilsonite or geothermal
    resources" after "oil and gas".

-End-



-CITE-
    30 USC Secs. 226a, 226b                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Secs. 226a, 226b. Repealed.

-MISC1-
    Secs. 226a, 226b. Repealed. Aug. 8, 1946, ch. 916, Sec. 14, 60
      Stat. 958.
      Section 226a, act July 8, 1940, ch. 548, 54 Stat. 742, related to
    lease of lands not within known productive field. See section 226
    of this title.
      Section 226b, acts July 29, 1942, ch. 534, Sec. 1, 56 Stat. 726;
    Dec. 22, 1943, ch. 376, 57 Stat. 608; Sept. 27, 1944, ch. 429, 58
    Stat. 755; Nov. 30, 1945, ch. 495, 59 Stat. 587, related to
    preference right to new oil and gas lease upon expiration of five-
    year non-competitive oil and gas lease. See section 226 of this
    title.

                             SAVINGS PROVISION                         
      See note set out under section 181 of this title.

-End-



-CITE-
    30 USC Sec. 226c                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 226c. Reduction of royalties under existing leases

-STATUTE-
      From and after August 8, 1946, the royalty obligation to the
    United States under all leases requiring payment of royalty in
    excess of 12 1/2  per centum, except leases issued or to be issued
    upon competitive bidding, is reduced to 12 1/2  per centum in
    amount or value of production removed or sold from said leases as
    to (1) such leases, or such part of the lands subject thereto, and
    the deposits underlying the same, as are not believed to be within
    the productive limits of any oil or gas deposit, as such productive
    limits are found by the Secretary to exist on August 8, 1946, and
    (2) any production on a lease from an oil or gas deposit which was
    discovered after May 27, 1941, by a well or wells drilled within
    the boundaries of the lease, and which is determined by the
    Secretary to be a new deposit; and (3) any production on or
    allocated to a lease pursuant to an approved unit or cooperative
    agreement from an oil or gas deposit which was discovered after May
    27, 1941, on land committed to such agreement, and which is
    determined by the Secretary to be a new deposit, where such lease
    was included in such agreement at the time of discovery, or was
    included in a duly executed and filed application for the approval
    of such agreement at the time of discovery.

-SOURCE-
    (Aug. 8, 1946, ch. 916, Sec. 12, 60 Stat. 957.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.


-MISC1-
                             SAVINGS PROVISION                         
      See note set out under section 181 of this title.

        OUTER CONTINENTAL SHELF; REFUNDS ON MINERAL-LEASE PAYMENTS    
      Refunds of excess payments with respect to oil, gas, and other
    leases on submerged lands of outer Continental Shelf, see section
    1339 of Title 43, Public Lands.

-End-



-CITE-
    30 USC Secs. 226d, 226e                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Secs. 226d, 226e. Omitted

-COD-
                               CODIFICATION                           
      Sections were completely amended by Pub. L. 86-705, Sec. 2, Sept.
    2, 1960, 74 Stat. 781, and included in section 17 of Mineral
    Leasing Act of Feb. 25, 1920, classified to section 226 of this
    title.
      Section 226d, act Feb. 25, 1920, ch. 85, Sec. 17a, as added Aug.
    8, 1946, ch. 916, Sec. 4, 60 Stat. 952, provided for the exchange
    of leases and fixed royalty rates for new leases.
      Section 226e, act Feb. 25, 1920, ch. 85, Sec. 17b, as added Aug.
    8, 1946, ch. 916, Sec. 5, 60 Stat. 952; amended July 29, 1954, ch.
    644, Sec. 1(4), (5), 68 Stat. 585, permitted establishment of
    cooperative or unit plans, setting up procedures for regulating
    production, approving contracts and preventing waste.

-End-



-CITE-
    30 USC Sec. 227                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 227. Omitted

-COD-
                               CODIFICATION                           
      Section, acts Feb. 25, 1920, ch. 85, Sec. 18, 41 Stat. 443; Feb.
    25, 1928, ch. 104, 45 Stat. 148, authorized the United States to
    issue leases for a period of twenty years to persons who
    relinquished all rights claimed or possessed prior to July 3, 1910
    under preexisting placer mining law provided relinquishment was
    filed in the General Land Office within six months after Feb. 25,
    1920.

-End-



-CITE-
    30 USC Sec. 228                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 228. Prospecting permits and leases to persons of lands not
      withdrawn; terms and conditions of; fraud of claimants

-STATUTE-
      Any person who on October 1, 1919, was a bona fide occupant or
    claimant of oil or gas lands under a claim initiated while such
    lands were not withdrawn from oil or gas location and entry, and
    who had previously performed all acts under then existing laws
    necessary to valid locations thereof except to make discovery, and
    upon which discovery had not been made prior to February 25, 1920,
    and who has performed work or expended on or for the benefit of
    such locations an amount equal in the aggregate of $250 for each
    location if application therefor shall be made within six months
    from February 25, 1920, shall be entitled to prospecting permits
    thereon upon the same terms and conditions, and limitations as to
    acreage, as other permits provided for in this chapter, or where
    any such person has made such discovery, prior to said February 25,
    1920, he shall be entitled to a lease thereon under such terms as
    the Secretary of the Interior may prescribe unless otherwise
    provided for in section 227 (!1) of this title: Provided, That
    where such prospecting permit is granted upon land within any known
    geologic structure of a producing oil or gas field, the royalty to
    be fixed in any lease thereafter granted thereon or any portion
    thereof shall be not less than 12 1/2  per-centum of all the oil or
    gas produced except oil or gas used for production purposes on the
    claim, or unavoidably lost: Provided, however, That the provisions
    of this section shall not apply to lands reserved for the use of
    the Navy. No claimant for a permit or lease who has been guilty of
    any fraud or who had knowledge or reasonable grounds to know of any
    fraud, or who has not acted honestly and in good faith shall be
    entitled to any of the benefits of this section.

      All permits or leases hereunder shall inure to the benefit of the
    claimant and all persons claiming through or under him by lease,
    contract, or otherwise, as their interests may appear.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 19, 41 Stat. 445.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 227 of this title, referred to in text, was omitted from
    the Code.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 229                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 229. Preference right to permits or leases of claimants of
      lands bona fide entered as agricultural land; terms and
      conditions

-STATUTE-
      In the case of lands bona fide entered as agricultural, and not
    withdrawn or classified as mineral at the time of entry, but not
    including lands claimed under any railroad grant, the entryman or
    patentee, or assigns, where assignment was made prior to January 1,
    1918, if the entry has been patented with the mineral right
    reserved, shall be entitled to a preference right to a permit and
    to a lease, as herein provided, in case of discovery; and within an
    area not greater than a township such entryman and patentees, or
    assigns holding restricted patents may combine their holdings, not
    to exceed two thousand five hundred and sixty acres for the purpose
    of making joint application. Leases executed under this section and
    embracing only lands so entered shall provide for the payment of a
    royalty of not less than 12 1/2  per centum as to such areas within
    the permit as may not be included within the discovery lease to
    which the permittee is entitled under section 223 of this title.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 20, 41 Stat. 445.)

-End-



-CITE-
    30 USC Sec. 229a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 229a. Water struck while drilling for oil and gas

-STATUTE-
    (a) Acquisition; condition in lease
      All prospecting permits and leases for oil or gas made or issued
    under the provisions of this chapter shall be subject to the
    condition that in case the permittee or lessee strikes water while
    drilling instead of oil or gas, the Secretary of the Interior may,
    when such water is of such quality and quantity as to be valuable
    and usable at a reasonable cost for agricultural, domestic, or
    other purposes, purchase the casing in the well at the reasonable
    value thereof to be fixed under rules and regulations to be
    prescribed by the Secretary.
    (b) Prior leases
      In cases where water wells producing such water have heretofore
    been or may hereafter be drilled upon lands embraced in any
    prospecting permit or lease heretofore issued under this chapter,
    the Secretary may in like manner purchase the casing in such wells.
    (c) Disposition
      The Secretary may make such purchase and may lease or operate
    such wells for the purpose of producing water and of using the same
    on the public lands or of disposing of such water for beneficial
    use on other lands, and where such wells have heretofore been
    plugged or abandoned or where such wells have been drilled prior to
    the issuance of any permit or lease by persons not in privity with
    the permittee or lessee, the Secretary may develop the same for the
    purposes of this section: Provided, That owners or occupants of
    lands adjacent to those upon which such water wells may be
    developed shall have a preference right to make beneficial use of
    such water.
    (d) Revolving fund
      The Secretary may use so much of any funds available for the
    plugging of wells as he may find necessary to start the program
    provided for by this section, and thereafter he may use the
    proceeds from the sale or other disposition of such water as a
    revolving fund for the continuation of such program, and such
    proceeds are hereby appropriated for such purpose.
    (e) Operations under lease not restricted
      Nothing in this section shall be construed to restrict operations
    under any oil or gas lease or permit under any other provision of
    this chapter.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 40, as added June 16, 1934, ch. 557,
    48 Stat. 977; amended Pub. L. 94-579, title VII, Sec. 704(a), Oct.
    21, 1976, 90 Stat. 2792.)


-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (a). Pub. L. 94-579 struck out proviso relating to
    reservation of land as a water hole under section 300 of title 43.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 704(a) of Pub. L. 94-579 provided that the amendment made
    by that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of Title 43, Public Lands.

-End-



-CITE-
    30 USC Secs. 230 to 233                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Secs. 230 to 233. Repealed.

-MISC1-
    Secs. 230 to 233. Repealed. June 22, 1948, ch. 605, Sec. 3, 62
      Stat. 576.
      Section 230, act Mar. 4, 1923, ch. 249, Sec. 1, 42 Stat. 1448,
    authorized permits and leases for certain United States citizens
    and corporations in Oklahoma.
      Section 231, act Mar. 4, 1923, ch. 249, Sec. 2, 42 Stat. 1448,
    required applications for permits and leases to be made not later
    than sixty days after Mar. 4, 1923.
      Section 232, act Mar. 4, 1923, ch. 249, Sec. 3, 42 Stat. 1448,
    limited amount of land any one person or corporation could be
    granted.
      Section 233, act Mar. 4, 1923, ch. 249, Sec. 4, 42 Stat. 1448,
    provided for payment of royalties to United States.

                             SAVINGS PROVISION                         
      Section 3 of act June 22, 1948, provided that the repeal of these
    sections is subject to existing valid rights.

-End-



-CITE-
    30 USC Sec. 233a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 233a. Permits or leases of certain lands in Oklahoma;
      retention of royalties

-STATUTE-
      The Secretary of the Interior is directed to retain in his
    custody until otherwise directed by law the 12(!1/2) per centum and
    other royalties heretofore or hereafter received by him in
    pursuance of section 233 (!1) of this title.


-SOURCE-
    (Mar. 4, 1925, ch. 550, Sec. 2, 43 Stat. 1302.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 233 of this title, referred to in text, was repealed by
    act June 22, 1948, ch. 605, Sec. 3, 62 Stat. 576.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Secs. 234 to 236                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Secs. 234 to 236. Repealed.

-MISC1-
    Secs. 234 to 236. Repealed. June 22, 1948, ch. 605, Sec. 3, 62
      Stat. 576.
      Section 234, act Mar. 4, 1923, ch. 249, Sec. 5, 42 Stat. 1449,
    provided for application of other laws to leases and permits
    granted under sections 230 to 233 and 234 to 236 of this title, and
    for disposition of lands and deposits remaining unappropriated and
    undisposed of.
      Section 235, act Mar. 4, 1923, ch. 249, Sec. 6, 42 Stat. 1449,
    prohibited interference with certain lands in possession of
    receivers appointed by the Supreme Court.
      Section 236, act Mar. 4, 1923, ch. 249, Sec. 7, 42 Stat. 1450,
    authorized promulgation of rules and regulations necessary to
    accomplish purposes of sections 230 to 233 and 234 to 236 of this
    title.

                             SAVINGS PROVISION                         
      Section 3 of act June 22, 1948, provided that the repeal of these
    sections is subject to existing valid rights.

-End-



-CITE-
    30 USC Sec. 236a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 236a. Lands in naval petroleum reserves and naval oil-shale
      reserves; effect of other laws

-STATUTE-
      Nothing in sections 185, 221,(!1) 223, 223a,(!1) and 226 of this
    title and this section shall be construed as affecting any lands
    within the borders of the naval petroleum reserves and naval oil-
    shale reserves or agreements concerning operations thereunder or
    in relation to the same, but the Secretary of the Navy is hereby
    authorized, with the consent of the President, to enter into
    agreements such as those provided for under sections 184 and 226 of
    this title, which agreement shall not, unless expressed therein,
    operate to extend the terms of any lease affected thereby.


-SOURCE-
    (Aug. 21, 1935, ch. 599, Sec. 3, 49 Stat. 679.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 221 of this title, referred to in text, was omitted from
    the Code.
      Section 223a of this title, referred to in text, was repealed by
    act Aug. 8, 1946, ch. 916, Sec. 14, 60 Stat. 958.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 236b                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 236b. Existing leases within naval petroleum reserves not
      affected

-STATUTE-
      Nothing in this act shall be construed as affecting existing
    leases within the borders of the naval petroleum reserves, or
    agreements concerning operations thereunder or in relation thereto.

-SOURCE-
    (Aug. 8, 1946, ch. 916, Sec. 13, 60 Stat. 958; Aug. 10, 1956, ch.
    1041, Sec. 53, 70A Stat. 675.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This act, referred to in text, is act Aug. 8, 1946, ch. 916, 60
    Stat. 950, as amended, which is classified generally to sections
    181, 184, 187a, 187b, 188, 193, 209, 225, 226, 226c to 226e, 236b,
    and 285 of this title. For complete classification of this Act to
    the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.


-MISC1-
                                AMENDMENTS                            
      1956 - Act Aug. 10, 1956, repealed the portion of this section
    after "thereto" which authorized the Secretary of the Navy, with
    the consent of the President, to enter into agreements such as
    those provided for in section 236e of this title, which agreements,
    should not, unless expressed therein, operate to extend the term of
    any lease affected thereby.

-End-



-CITE-
    30 USC Sec. 237                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IV - OIL AND GAS

-HEAD-
    Sec. 237. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 95-372, title VI, Sec. 602, Sept. 18, 1978, 92
    Stat. 694, which required the Secretary of the Interior to submit
    annual reports to Congress on delinquent royalty accounts under
    leases issued under any Act regulating development of oil and gas
    on Federal lands, terminated, effective May 15, 2000, pursuant to
    section 3003 of Pub. L. 104-66, as amended, set out as a note under
    section 1113 of Title 31, Money and Finance. See, also, page 111 of
    House Document No. 103-7.

-End-


-CITE-
    30 USC SUBCHAPTER V - OIL SHALE                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER V - OIL SHALE

-HEAD-
                         SUBCHAPTER V - OIL SHALE                     

-End-



-CITE-
    30 USC Sec. 241                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER V - OIL SHALE

-HEAD-
    Sec. 241. Leases of lands

-STATUTE-
    (a) In general
      (1) The Secretary of the Interior is hereby authorized to lease
    to any person or corporation qualified under this chapter any
    deposits of oil shale, and gilsonite (including all vein-type solid
    hydrocarbons) belonging to the United States and the surface of so
    much of the public lands containing such deposits, or land adjacent
    thereto, as may be required for the extraction and reduction of the
    leased minerals, under such rules and regulations, not inconsistent
    with this chapter, as he may prescribe.
      (2) No lease hereunder shall exceed 5,760 acres of land, to be
    described by the legal subdivisions of the public-land surveys, or
    if unsurveyed, to be surveyed by the United States, at the expense
    of the applicant, in accordance with regulations to be prescribed
    by the Secretary of the Interior.
      (3) Leases may be for indeterminate periods, upon such conditions
    as may be imposed by the Secretary of the Interior, including
    covenants relative to methods of mining, prevention of waste, and
    productive development.
      (4) For the privilege of mining, extracting, and disposing of the
    oil or other minerals covered by a lease under this section the
    lessee shall pay to the United States such royalties as shall be
    specified in the lease and an annual rental, payable at the
    beginning of each year, at the rate of $2.00 per acre per annum,
    for the lands included in the lease, the rental paid for any one
    year to be credited against the royalties accruing for that year;
    such royalties to be subject to readjustment at the end of each
    twenty-year period by the Secretary of the Interior. For the
    purpose of encouraging the production of petroleum products from
    shales the Secretary may, in his discretion, waive the payment of
    any royalty and rental during the first five years of any lease.
    Any person having a valid claim to such minerals under existing
    laws on January 1, 1919, shall, upon the relinquishment of such
    claim, be entitled to a lease under the provisions of this section
    for such area of the land relinquished as shall not exceed the
    maximum area authorized by this section to be leased to an
    individual or corporation. No claimant for a lease who has been
    guilty of any fraud or who had knowledge or reasonable grounds to
    know of any fraud, or who has not acted honestly and in good faith,
    shall be entitled to any of the benefits of this section. No one
    person, association, or corporation shall acquire or hold more than
    50,000 acres of oil shale leases in any one State. For gilsonite
    (including all vein-type solid hydrocarbons) no person,
    association, or corporation shall acquire or hold more than seven
    thousand six hundred eighty acres in any one State without respect
    to the number of leases.
      (5) No lease issued under this section shall be included in any
    chargeability limitation associated with oil and gas leases.
    (b) Offer for lease; deposits other than oil shale; questioned
      validity because of location; preference rights
      If an offer for a lease under the provisions of this section for
    deposits other than oil shale is based upon a mineral location, the
    validity of which might be questioned because the claim was based
    on a placer location rather than on a lode location, or vice versa,
    the offeror shall have a preference right to a lease if the offer
    is filed not more than one year after September 2, 1960.
    (c) (!1) Multiple use principal leases; gilsonite including all
      vein-type solid hydrocarbons

      With respect to gilsonite (including all vein-type solid
    hydrocarbons) a lease under the multiple use principle may issue
    notwithstanding the existence of an outstanding lease issued under
    any other provision of this chapter.
    (c) (!1) Offsite leases
      (1) The Secretary may within the State of Colorado lease to the
    holder of the Federal oil shale lease known as Federal Prototype
    Tract C-a additional lands necessary for the disposal of oil shale
    wastes and the materials removed from mined lands, and for the
    building of plants, reduction works, and other facilities connected
    with oil shale operations (which lease shall be referred to
    hereinafter as an "offsite lease"). The Secretary may only issue
    one offsite lease not to exceed six thousand four hundred acres. An
    offsite lease may not serve more than one Federal oil shale lease
    and may not be transferred except in conjunction with the transfer
    of the Federal oil shale lease that it serves.
      (2) The Secretary may issue one offsite lease of not more than
    three hundred and twenty acres to any person, association or
    corporation which has the right to develop oil shale on non-Federal
    lands. An offsite lease serving non-Federal oil shale land may not
    serve more than one oil shale operation and may not be transferred
    except in conjunction with the transfer of the non-Federal oil
    shale land that it serves. Not more than two offsite leases may be
    issued under this paragraph.
      (3) An offsite lease shall include no rights to any mineral
    deposits.
      (4) The Secretary may issue offsite leases after consideration of
    the need for such lands, impacts on the environment and other
    resource values, and upon a determination that the public interest
    will be served thereby.
      (5) An offsite lease for lands the surface of which is under the
    jurisdiction of a Federal agency other than the Department of the
    Interior shall be issued only with the consent of that other
    Federal agency and shall be subject to such terms and conditions as
    it may prescribe.
      (6) An offsite lease shall be for such periods of time and shall
    include such lands, subject to the acreage limitations contained in
    this subsection, as the Secretary determines to be necessary to
    achieve the purposes for which the lease is issued, and shall
    contain such provisions as he determines are needed for protection
    of environmental and other resource values.
      (7) An offsite lease shall provide for the payment of an annual
    rental which shall reflect the fair market value of the rights
    granted and which shall be subject to such revisions as the
    Secretary, in his discretion, determines may be needed from time to
    time to continue to reflect the fair market value.
      (8) An offsite lease may, at the option of the lessee, include
    provisions for payments in any year which payments shall be
    credited against any portion of the annual rental for a subsequent
    year to the extent that such payment is payable by the Secretary of
    the Treasury under section 191 of this title to the State within
    the boundaries of which the leased lands are located. Such funds
    shall be paid by the Secretary of the Treasury to the appropriate
    State in accordance with section 191 of this title, and such funds
    shall be distributed by the State only to those counties,
    municipalities, or jurisdictional subdivisions impacted by oil
    shale development and/or where the lease is sited.
      (9) An offsite lease shall remain subject to leasing under the
    other provisions of this chapter where such leasing would not be
    incompatible with the offsite lease.
    (d) Considerations governing issuance of offsite lease
      In recognition of the unique character of oil shale development:
      (1) In determining whether to offer or issue an offsite lease
    under subsection (c) of this section, the Secretary shall consult
    with the Governor and appropriate State, local, and tribal
    officials of the State where the lands to be leased are located,
    and of any additional State likely to be affected significantly by
    the social, economic, or environmental effects of development under
    such lease, in order to coordinate Federal and State planning
    processes, minimize duplication of permits, avoid delays, and
    anticipate and mitigate likely impacts of development.
      (2) The Secretary may issue an offsite lease under subsection (d)
    (!2) after consideration of (A) the need for leasing, (B) impacts
    on the environment and other resource values, (C) socioeconomic
    factors, and (D) information from consultations with the Governors
    of the affected States.

      (3) Before determining whether to offer an offsite lease under
    subsection (c) of this section, the Secretary shall seek the
    recommendation of the Governor of the State in which the lands to
    be leased are located as to whether or not to lease such lands,
    what alternative actions are available, and what special conditions
    could be added to the proposed lease to mitigate impacts. The
    Secretary shall accept the recommendations of the Governor if he
    determines that they provide for a reasonable balance between the
    national interest and the State's interests. The Secretary shall
    communicate to the Governor, in writing, and publish in the Federal
    Register the reasons for his determination to accept or reject such
    Governor's recommendations.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 21, 41 Stat. 445; Pub. L. 86-705, Sec.
    7, Sept. 2, 1960, 74 Stat. 790; Pub. L. 97-78, Sec. 1(1), Nov. 16,
    1981, 95 Stat. 1070; Pub. L. 97-394, title III, Sec. 318, Dec. 30,
    1982, 96 Stat. 1999; Pub. L. 109-58, title III, Sec. 369(j)(2),
    Aug. 8, 2005, 119 Stat. 731.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-58 designated first to third
    sentences as pars. (1) to (3), respectively, substituted "5,760"
    for "five thousand one hundred and twenty" in par. (2), designated
    fourth to eighth sentences as par. (4) and substituted "rate of
    $2.00 per acre" for "rate of 50 cents per acre", "No one person"
    for "Not more than one lease shall be granted under this section to
    any one person", and "shall acquire or hold more than 50,000 acres
    of oil shale leases in any one State. For" for "except that with
    respect to leases for", and added par. (5).
      1982 - Subsecs. (c), (d). Pub. L. 97-394 added subsecs. (c) and
    (d).
      1981 - Subsec. (a). Pub. L. 97-78 substituted "and gilsonite
    (including all vein-type solid hydrocarbons)" and "gilsonite
    (including all vein-type hydrocarbons)" for "native asphalt, solid
    and semisolid bitumen, and bituminous rock (including oil-
    impregnated rock or sands from which oil is recoverable only by
    special treatment after the deposit is mined or quarried)".
      Subsec. (c). Pub. L. 97-78 substituted "gilsonite (including all
    vein-type solid hydrocarbons)" for "native asphalt, solid and
    semisolid bitumen, and bituminous rock (including oil-impregnated
    rock or sands from which oil is recoverable only by special
    treatment after the deposit is mined or quarried)".
      1960 - Pub. L. 86-705 designated existing provisions as subsec.
    (a) and added subsecs. (b) and (c). Other changes included addition
    of native asphalt, solid and semisolid bitumen, and bituminous rock
    within the scope of the section, and insertion of the limitation
    upon such holdings.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior to promulgate regulations
    under this chapter relating to establishment of diligence
    requirements for operations conducted on Federal leases, setting of
    rates for production of Federal leases, and specifying of
    procedures, terms, and conditions for acquisition and disposition
    of Federal royalty interests taken in kind, transferred to
    Secretary of Energy by section 7152(b) of Title 42, The Public
    Health and Welfare. Section 7152(b) of Title 42 was repealed by
    Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,
    and functions of Secretary of Energy returned to Secretary of the
    Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-FOOTNOTE-
    (!1) Two subsecs. (c) have been enacted.

    (!2) So in original. Probably should be subsection "(c)".


-End-



-CITE-
    30 USC Sec. 242                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER V - OIL SHALE

-HEAD-
    Sec. 242. Oil shale claims

-STATUTE-
    (a) Notice
      Notwithstanding any other provision of law, within 60 days from
    October 24, 1992, the Secretary of the Interior shall provide
    notice to each holder of an unpatented oil shale mining claim of
    the requirements of this Act. Such notice shall be made by
    registered mail and by publication in a newspaper of general
    circulation in the areas in which such claims are located.
    (b) Full patent
      The holder of a valid oil shale mining claim who has filed a
    patent application and received first half final certificate for
    patent by October 24, 1992, may obtain a patent pursuant to the
    general mining laws of the United States.
    (c) Patent
      (1) Notwithstanding any other provision of law, the holder of a
    valid oil shale mining claim who has filed a patent application
    which has been accepted for processing by the Department of the
    Interior by October 24, 1992, but has not received first half final
    certificate for patent by October 24, 1992, may receive only a
    patent limited to the oil shale and associated minerals, upon
    payment of $2.50 per acre. Title to the surface and to all other
    minerals, including, but not limited to, oil, gas, and coal, shall
    remain in the United States. Patents issued pursuant to this
    subsection shall provide for surface use to the same extent as is
    provided under applicable law prior to October 24, 1992, with
    respect to oil shale mining claims, subject to the requirements of
    subsection (f) of this section.
      (2) Maintenance of claims referred to in this subsection prior to
    patent issuance shall be in accordance with the requirements of
    applicable law prior to October 24, 1992.
      (3) Any holder of a valid oil shale mining claim referred to in
    this subsection may maintain such claim in accordance with the
    requirements set forth in subsection (e)(2) of this section in lieu
    of receiving a patent under this section.
      (4) Notwithstanding any other provision of law, any person
    referred to in paragraph (1) who obtains compensation from the
    United States as a result of the application of this section being
    declared to be a taking of property within the meaning of the Fifth
    Amendment to the United States Constitution, may obtain a full
    patent upon tender to the Secretary of the amount of such
    compensation, not including interest, and upon the receipt of such
    amount, the Secretary shall convey to such person a patent in the
    form and manner provided under the general mining laws of the
    United States. Such tender may only be made within 3 years of
    obtaining such compensation.
    (d) Election
      (1) Notwithstanding any other provision of law, within 180 days
    from the date of which the Secretary provided notice under
    subsection (a) of this section, a holder of a valid oil shale
    mining claim for which a patent application was not filed and
    accepted for processing by the Department of the Interior prior to
    October 24, 1992, shall file with the Secretary a notice of
    election to - 
        (A) proceed to limited patent as provided in subsection (e)(1)
      of this section; or
        (B) maintain the unpatented claim as provided for in subsection
      (e)(2) of this section.

      (2) Failure to file the notice of election as required by
    paragraph (1) shall be deemed conclusively to constitute an
    abandonment of the claim by operation of law.
      (3) Any claim holder who elects to proceed under paragraph (1)(A)
    must apply for a patent within 2 years from the date of election or
    notify the Secretary in writing prior to expiration of the 2-year
    period of a decision to maintain such claim as provided in
    paragraph (1)(B) or such claim shall be deemed conclusively to have
    been abandoned by operation of law.
      (4) The provisions of this subsection shall be in addition to the
    requirements of section 1744 of title 43.
    (e) Effect of election
      (1) Notwithstanding any other provisions of law, a claim holder
    subject to the election requirements of subsection (d) of this
    section who elects to receive a limited patent shall receive title
    only to the oil shale associated minerals, upon payment of fair
    market value for the oil shale and associated minerals. Title to
    the surface and to all other minerals, including, but not limited
    to oil, gas, and coal, shall remain in the United States. Patents
    issued pursuant to this subsection shall provide for surface use to
    the same extent as is provided under applicable law prior to
    October 24, 1992, with respect to oil shale mining claims, subject
    to the requirements of subsection (f) of this section.
      (2) Notwithstanding any other provision of law, a claim holder
    referred to in subsection (c) of this section or a claim holder
    subject to the election requirements of subsection (d) of this
    section who maintains or elects to maintain an unpatented claim
    shall maintain such claim by complying with the general mining laws
    of the United States, and with the provisions of this section,
    except that the claim holder shall no longer be required to perform
    annual labor, and instead shall pay to the Secretary $550 per claim
    per year for deposit as miscellaneous receipts in the general fund
    of the Treasury, commencing with calendar year 1993. Such fee shall
    accompany the filing made by the claim holder with the Bureau of
    Land Management pursuant to section 1744(a)(2) of title 43.
    (f) Reclamation
      In addition to other applicable requirements, any person who
    holds a limited patent or maintains a claim pursuant to this
    section shall be required to carry out reclamation as prescribed by
    the Secretary and to furnish a bond or other appropriate financial
    guarantee in an amount sufficient to ensure adequate reclamation of
    the lands to be disturbed by any aspect of the proposed mining
    activities.
    (g) Reaffirmation of requirements
      Without comment on the adequacy of current or former standards
    for determining validity of oil shale claims, Congress reaffirms
    the requirements of law that a patent may issue only to persons who
    hold valid claims and the need for careful review of any
    applications.
    (h) Issuance of patents
      Notwithstanding any other provision of law, with respect to any
    oil shale mining claim located under the general mining laws of the
    United States, no patent for such claim shall be issued except as
    provided by this section.

-SOURCE-
    (Pub. L. 102-486, title XXV, Sec. 2511, Oct. 24, 1992, 106 Stat.
    3109.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), is Pub. L. 102-486, Oct.
    24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 13201 of Title 42, The Public
    Health and Welfare, and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as
    the Mineral Leasing Act, which comprises this chapter.

-End-


-CITE-
    30 USC SUBCHAPTER VI - ALASKA OIL PROVISO                   01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VI - ALASKA OIL PROVISO

-HEAD-
                    SUBCHAPTER VI - ALASKA OIL PROVISO                

-End-



-CITE-
    30 USC Sec. 251                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VI - ALASKA OIL PROVISO

-HEAD-
    Sec. 251. Leases to claimants of withdrawn lands; terms and
      conditions; acreage; annual rentals and royalties; fraud of
      claimants

-STATUTE-
      Any bona fide occupant or claimant of oil or gas bearing lands in
    the Territory of Alaska, who, or whose predecessors in interest,
    prior to withdrawal had complied otherwise with the requirements of
    the mining laws, but had made no discovery of oil or gas in wells
    and who prior to withdrawal had made substantial improvements for
    the discovery of oil or gas on or for each location or had prior to
    February 25, 1920 expended not less than $250 in improvements on or
    for each location shall be entitled, upon relinquishment or
    surrender to the United States within one year from February 25,
    1920, or within six months after final denial or withdrawal of
    application for patent, to a lease or leases, under this chapter
    covering such lands, not exceeding five leases in number and not
    exceeding an aggregate of one thousand two hundred and eighty acres
    in each: Provided, That the annual lease rentals for lands in the
    Territory of Alaska not within any known geological structure of a
    producing oil or gas field and the royalty payments from production
    of oil or gas sold or removed from such lands shall be identical
    with those prescribed for such leases covering similar lands in the
    States of the United States, except that leases which may issue
    pursuant to applications or offers to lease such lands, which
    applications or offers were filed prior to and were pending on May
    3, 1958, shall require the payment of 25 cents per acre as lease
    rental for the first year of such leases; but the aforesaid
    exception shall not apply in any way to royalties to be required
    under leases which may issue pursuant to offers or applications
    filed prior to May 3, 1958.
      The Secretary of the Interior shall neither prescribe nor approve
    any cooperative or unit plan of development or operation nor any
    operating, drilling, or development contract establishing different
    royalty or rental rates for Alaska lands than for similar lands
    within the States of the United States.
      No claimant for a lease who has been guilty of any fraud or who
    had knowledge or reasonable grounds to know of any fraud, or who
    has not acted honestly and in good faith, shall be entitled to any
    of the benefits of this section.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 22, 41 Stat. 446; Pub. L. 85-505, Sec.
    10, July 3, 1958, 72 Stat. 324.)


-MISC1-
                                AMENDMENTS                            
      1958 - Pub. L. 85-505 struck out provisions which related to
    prospecting permits, provided that the annual lease rentals and
    royalty payments shall be identical with those prescribed for
    leases covering similar lands in the States of the United States,
    permitted a payment of 25 cents per acre as lease rental for the
    first year of the lease in those leases issued pursuant to
    applications or offers filed prior to and pending on May 3, 1958,
    and prohibited the Secretary from prescribing or approving any
    cooperative or unit plan of development or operation or any
    operating, drilling, or development contract establishing different
    royalty or rental rates for Alaska lands than for similar lands
    within the States of the United States.

                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-


-CITE-
    30 USC SUBCHAPTER VII - SODIUM                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VII - SODIUM

-HEAD-
                          SUBCHAPTER VII - SODIUM                      

-End-



-CITE-
    30 USC Sec. 261                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VII - SODIUM

-HEAD-
    Sec. 261. Prospecting permits; lands included; acreage

-STATUTE-
      The Secretary of the Interior is hereby authorized, under such
    rules and regulations as he may prescribe, to grant to any
    qualified applicant a prospecting permit which shall give the
    exclusive right to prospect for chlorides, sulphates, carbonates,
    borates, silicates, or nitrates of sodium, in lands belonging to
    the United States for a period of not exceeding two years:
    Provided, That the area to be included in such a permit shall not
    exceed two thousand five hundred and sixty acres of land in
    reasonably compact form.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 23, 41 Stat. 447; Dec. 11, 1928, ch.
    19, 45 Stat. 1019.)


-MISC1-
                                AMENDMENTS                            
      1928 - Act Dec. 11, 1928, struck out "and directed" after
    "authorized", "dissolved in and soluble in water, and accumulated
    by concentration, in lands belonging to the United States for a
    period not exceeding two years," after "nitrates of sodium", and
    last proviso which read "Provided further, That the provisions of
    this section shall not apply to lands in San Bernardino County,
    California."

-End-



-CITE-
    30 USC Sec. 262                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VII - SODIUM

-HEAD-
    Sec. 262. Leases to permittees; survey of lands; royalties and
      annual rentals

-STATUTE-
      Upon showing to the satisfaction of the Secretary of the Interior
    that valuable deposits of one of the substances enumerated in
    section 261 of this title have been discovered by the permittee
    within the area covered by his permit and that such land is chiefly
    valuable therefor, the permittee shall be entitled to a lease for
    any or all of the land embraced in the prospecting permit at a
    royalty of not less than 2 per centum of the quantity or gross
    value of the output of sodium compounds and other related products
    at the point of shipment to market; the lands in such lease to be
    taken in compact form by legal subdivisions of the public land
    surveys or, if the land be not surveyed, by survey executed at the
    cost of the permittee in accordance with regulations prescribed by
    the Secretary of the Interior. Lands known to contain valuable
    deposits of one of the substances enumerated in section 261 of this
    title and not covered by permits or leases shall be subject to
    lease by the Secretary of the Interior through advertisement,
    competitive bidding, or such other methods as he may by general
    regulations adopt and in such areas as he shall fix, not exceeding
    two thousand five hundred and sixty acres. All leases under this
    section shall be conditioned upon the payment by the lessee of such
    royalty as may be fixed in the lease, not less than 2 per centum of
    the quantity or gross value of the output of sodium compounds and
    other related products at the point of shipment to market, and the
    payment in advance of a rental of 25 cents per acre for the first
    calendar year or fraction thereof, 50 cents per acre for the
    second, third, fourth, and fifth calendar years respectively; and
    $1 per acre per annum thereafter during the continuance of the
    lease, such rental for any one year to be credited against
    royalties accruing for that year. Leases under this section shall
    be for a period of twenty years, with preferential right in the
    lessee to renew for successive periods of ten years upon such
    reasonable terms and conditions as may be prescribed by the
    Secretary of the Interior unless otherwise provided by law at the
    expiration of such period: Provided, That nothing in this chapter
    shall prohibit the mining and sale of sodium compounds under
    potassium leases issued pursuant to subchapter VII [Sec. 141 et
    seq.] of chapter 3 of this title and subchapter IX of this chapter,
    nor the mining and sale of potassium compounds as a byproduct from
    sodium leases taken under this section: Provided further, That on
    application by any lessee the Secretary of the Interior is
    authorized to modify the rental and royalty provisions stipulated
    in any existing sodium lease to conform to the provisions of this
    section.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 24, 41 Stat. 447; Dec. 11, 1928, ch.
    19, 45 Stat. 1019.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter VII [Sec. 141 et seq.] of chapter 3 of this title,
    referred to in text, was repealed by act Feb. 7, 1927, ch. 66, Sec.
    6, 44 Stat. 1058.
      Subchapter IX of this chapter, referred to in text, was in the
    original "act February 7, 1927 (Forty-fourth Statutes at Large,
    page 1057)" meaning act Feb. 7, 1927, ch. 66, 44 Stat. 1057, as
    amended, which enacted subchapter IX (Sec. 281 et seq.) of this
    chapter, amended sections 181 and 193 of this title, and repealed
    subchapter VII (Sec. 141 et seq.) of chapter 3 of this title. For
    complete classification of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1928 - Act Dec. 11, 1928, amended section generally.

                        SODA ASH ROYALTY REDUCTION                    
      Pub. L. 109-338, title I, Oct. 12, 2006, 120 Stat. 1786, provided
    that:

      "SEC. 101. SHORT TITLE.
      "This title may be cited as the 'Soda Ash Royalty Reduction Act
    of 2006'.

      "SEC. 102. REDUCTION IN ROYALTY RATE ON SODA ASH.
      "Notwithstanding section 102(a)(9) of the Federal Land Policy
    [and] Management Act of 1976 (43 U.S.C. 1701(a)(9)), section 24 of
    the Mineral Leasing Act (30 U.S.C. 262), and the terms of any lease
    under that Act [30 U.S.C. 181 et seq.], the royalty rate on the
    quantity or gross value of the output of sodium compounds and
    related products at the point of shipment to market from Federal
    land in the 5-year period beginning on the date of enactment of
    this Act [Oct. 12, 2006] shall be 2 percent.

      "SEC. 103. STUDY.
      "After the end of the 4-year period beginning on the date of
    enactment of this Act [Oct. 12, 2006], and before the end of the 5-
    year period beginning on that date, the Secretary of the Interior
    shall report to Congress on the effects of the royalty reduction
    under this title, including - 
        "(1) the amount of sodium compounds and related products at the
      point of shipment to market from Federal land during that 4-year
      period;
        "(2) the number of jobs that have been created or maintained
      during the royalty reduction period;
        "(3) the total amount of royalty paid to the United States on
      the quantity or gross value of the output of sodium compounds and
      related products at the point of shipment to market produced
      during that 4-year period, and the portion of such royalty paid
      to States; and
        "(4) a recommendation of whether the reduced royalty rate
      should apply after the end of the 5-year period beginning on the
      date of enactment of this Act."

-End-



-CITE-
    30 USC Sec. 263                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VII - SODIUM

-HEAD-
    Sec. 263. Permits to use or lease of nonmineral lands for camp
      sites, and other purposes; annual rentals; acreage

-STATUTE-
      In addition to areas of such mineral land which may be included
    in any such prospecting permits or leases, the Secretary of the
    Interior, in his discretion, may grant to a permittee or lessee of
    lands containing sodium deposits, and subject to the payment of an
    annual rental of not less than 25 cents per acre, the exclusive
    right to use, during the life of the permit or lease, a tract of
    unoccupied nonmineral public land, not exceeding forty acres in
    area, for camp sites, refining works, and other purposes connected
    with and necessary to the proper development and use of the
    deposits covered by the permit or lease.

-SOURCE-
    (Feb. 25, 1920, ch. 85, Sec. 25, 41 Stat. 447.)

-End-


-CITE-
    30 USC SUBCHAPTER VIII - SULPHUR                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VIII - SULPHUR

-HEAD-
                         SUBCHAPTER VIII - SULPHUR                     

-End-



-CITE-
    30 USC Sec. 271                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VIII - SULPHUR

-HEAD-
    Sec. 271. Prospecting permits; lands included; acreage

-STATUTE-
      The Secretary of the Interior is hereby authorized and directed,
    under such rules and regulations as he may prescribe, to grant to
    any qualified applicant a prospecting permit which shall give the
    exclusive right to prospect for sulphur in lands belonging to the
    United States located in the States of Louisiana and New Mexico for
    a period of not exceeding two years: Provided, That the area to be
    included in such a permit shall be not exceeding six hundred and
    forty acres of land in reasonably compact form.

-SOURCE-
    (Apr. 17, 1926, ch. 158, Sec. 1, 44 Stat. 301; July 16, 1932, ch.
    498, 47 Stat. 701.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.


-MISC1-
                                AMENDMENTS                            
      1932 - Act July 16, 1932, substituted "States of Louisiana and
    New Mexico" for "State of Louisiana".

-End-



-CITE-
    30 USC Sec. 272                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VIII - SULPHUR

-HEAD-
    Sec. 272. Leases to permittees; privileges extended to oil and gas
      permittees

-STATUTE-
      Upon showing to the satisfaction of the Secretary of the Interior
    that valuable deposits of sulphur have been discovered by the
    permittee within the area covered by his permit, and that the land
    is chiefly valuable therefor, the permittee shall be entitled to a
    lease for any or all of the land embraced in the prospecting
    permit, at a royalty of 5 per centum of the quantity or gross value
    of the output of sulphur at the point of shipment to market, such
    lease to be taken in compact form by legal subdivisions of the
    public-land surveys; or if the land be not surveyed, by survey
    executed at the cost of the permittee in accordance with
    regulations prescribed by the Secretary of the Interior: Provided,
    That where any person having been granted an oil and gas permit
    makes a discovery of sulphur in lands covered by said permit, he
    shall have the same privilege of leasing not to exceed six hundred
    and forty acres of said land under the same terms and conditions as
    are given a sulphur permittee under the provisions of this section.

-SOURCE-
    (Apr. 17, 1926, ch. 158, Sec. 2, 44 Stat. 301.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-End-



-CITE-
    30 USC Sec. 273                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VIII - SULPHUR

-HEAD-
    Sec. 273. Lease of lands not covered by permits or leases; acreage;
      rental

-STATUTE-
      Lands known to contain valuable deposits of sulphur and not
    covered by permits or leases shall be held subject to lease by the
    Secretary of the Interior through advertisement, competitive
    bidding, or such other methods as he may by general regulations
    adopt and in such areas as he shall fix, not exceeding six hundred
    and forty acres; all leases to be conditioned upon the payment by
    the lessee of such royalty as may be fixed in the lease and the
    payment in advance of a rental of 50 cents per acre per annum, the
    rental paid for any one year to be credited against the royalties
    accruing for that year.

-SOURCE-
    (Apr. 17, 1926, ch. 158, Sec. 3, 44 Stat. 301.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-End-



-CITE-
    30 USC Sec. 274                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VIII - SULPHUR

-HEAD-
    Sec. 274. Lands containing coal or other minerals

-STATUTE-
      Prospecting permits or leases may be issued in the discretion of
    the Secretary of the Interior under the provisions of this
    subchapter for deposits of sulphur in public lands also containing
    coal or other minerals on condition that such other deposits be
    reserved to the United States for disposal under applicable laws.

-SOURCE-
    (Apr. 17, 1926, ch. 158, Sec. 4, 44 Stat. 302.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-End-



-CITE-
    30 USC Sec. 275                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VIII - SULPHUR

-HEAD-
    Sec. 275. Laws applicable

-STATUTE-
      The general provisions of sections 181 to 184, 185 to 188, 189 to
    192, 193, and 194 (!1) of this title, are made applicable to
    permits and leases under this subchapter, sections 181 and 193 of
    this title being amended to include deposits of sulphur, and
    section 184 of this title being amended so as to prohibit any
    person, association, or corporation from taking or holding more
    than three sulphur permits or leases in any one State during the
    life of such permits or leases.


-SOURCE-
    (Apr. 17, 1926, ch. 158, Sec. 5, 44 Stat. 302.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 194 of this title, referred to in text, was repealed by
    Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 276                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER VIII - SULPHUR

-HEAD-
    Sec. 276. Application of subchapter to Louisiana and New Mexico
      only

-STATUTE-
      The provisions of this subchapter shall apply only to the States
    of Louisiana and New Mexico.

-SOURCE-
    (Apr. 17, 1926, ch. 158, Sec. 6, 44 Stat. 302; July 16, 1932, ch.
    498, 47 Stat. 701.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.


-MISC1-
                                AMENDMENTS                            
      1932 - Act July 16, 1932, substituted "States of Louisiana and
    New Mexico" for "State of Louisiana".

-End-


-CITE-
    30 USC SUBCHAPTER IX - POTASH                               01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IX - POTASH

-HEAD-
                          SUBCHAPTER IX - POTASH                      

-End-



-CITE-
    30 USC Sec. 281                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IX - POTASH

-HEAD-
    Sec. 281. Prospecting permits for chlorides, sulphates, carbonates,
      borates, silicates, or nitrates of potassium; authorization;
      acreage; lands affected

-STATUTE-
      The Secretary of the Interior is hereby authorized, under such
    rules and regulations as he may prescribe, to grant to any
    qualified applicant a prospecting permit which shall give the
    exclusive right to prospect for chlorides, sulphates, carbonates,
    borates, silicates, or nitrates of potassium in lands belonging to
    the United States for a period of not exceeding two years:
    Provided, That the area to be included in such a permit shall not
    exceed two thousand five hundred and sixty acres of land in
    reasonably compact form: Provided further, That the prospecting
    provisions of this subchapter shall not apply to lands and deposits
    in or adjacent to Searles Lake, California, which lands may be
    leased by the Secretary of the Interior under the terms and
    provisions of this subchapter.

-SOURCE-
    (Feb. 7, 1927, ch. 66, Sec. 1, 44 Stat. 1057.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    Act", meaning act Feb. 7, 1927, ch. 66, 44 Stat. 1057, as amended,
    which enacted this subchapter, amended sections 181 and 193 of this
    title, and repealed subchapter VII (Sec. 141 et seq.) of chapter 3
    of this title. For complete classification of this Act to the Code,
    see Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-End-



-CITE-
    30 USC Sec. 282                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IX - POTASH

-HEAD-
    Sec. 282. Leases to permittees of lands showing valuable deposits;
      royalty

-STATUTE-
      Upon showing to the satisfaction of the Secretary of the Interior
    that valuable deposits of one of the substances enumerated in this
    subchapter has been discovered by the permittee within the area
    covered by his permit, and that such land is chiefly valuable
    therefor, the permittee shall be entitled to a lease for any or all
    of the land embraced in the prospecting permit, at a royalty of not
    less than 2 per centum of the quantity or gross value of the output
    of potassium compounds and other related products, except sodium,
    at the point of shipment to market, such lease to be taken in
    compact form by legal subdivisions of the public land surveys, or
    if the land be not surveyed, by survey executed at the cost of the
    permittee in accordance with regulations prescribed by the
    Secretary of the Interior.

-SOURCE-
    (Feb. 7, 1927, ch. 66, Sec. 2, 44 Stat. 1057.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-End-



-CITE-
    30 USC Sec. 283                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IX - POTASH

-HEAD-
    Sec. 283. Lands containing valuable deposits not covered by permits
      or leases; authority to lease; acreage; conditions; renewals;
      exemptions from rentals and royalties; suspension of operations

-STATUTE-
      Lands known to contain valuable deposits enumerated in this
    subchapter and not covered by permits or leases shall be held
    subject to lease by the Secretary of the Interior through
    advertisement, competitive bidding, or such other methods as he may
    by general regulations adopt, and in such areas as he shall fix,
    not exceeding two thousand five hundred and sixty acres; all leases
    to be conditioned upon the payment by the lessee of such royalty as
    may be fixed in the lease, not less than 2 per centum of the
    quantity or gross value of the output of potassium compounds and
    other related products, except sodium, at the point of shipment to
    market, and the payment in advance of a rental of 25 cents per acre
    for the first calendar year or fraction thereof; 50 cents per acre
    for the second, third, fourth, and fifth years, respectively; and
    $1 per acre per annum thereafter during the continuance of the
    lease, such rental for any year being credited against royalties
    accruing for that year. Any lease issued under this subchapter
    shall be for a term of twenty years and so long thereafter as the
    lessee complies with the terms and conditions of the lease and upon
    the further condition that at the end of each twenty-year period
    succeeding the date of the lease such reasonable adjustment of the
    terms and conditions thereof may be made therein as may be
    prescribed by the Secretary of the Interior unless otherwise
    provided by law at the expiration of such periods. Leases shall be
    conditioned upon a minimum annual production or the payment of a
    minimum royalty in lieu thereof, except when production is
    interrupted by strikes, the elements, or casualties not
    attributable to the lessee. The Secretary of the Interior may
    permit suspension of operations under any such leases when
    marketing conditions are such that the leases cannot be operated
    except at a loss. The Secretary upon application by the lessee
    prior to the expiration of any existing lease in good standing
    shall amend such lease to provide for the same tenure and to
    contain the same conditions, including adjustment at the end of
    each twenty-year period succeeding the date of said lease, as
    provided for in this subchapter. In the discretion of the Secretary
    of the Interior the area involved in any lease resulting from a
    prospecting permit may be exempt from any rental in excess of 25
    cents per acre for twenty years succeeding its issue, and the
    production of potassium compounds under such a lease may be exempt
    from any royalty in excess of the minimum prescribed in this
    subchapter for the same period.

-SOURCE-
    (Feb. 7, 1927, ch. 66, Sec. 3, 44 Stat. 1057; June 3, 1948, ch.
    379, Sec. 9, 62 Stat. 292.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.


-MISC1-
                                AMENDMENTS                            
      1948 - Act June 3, 1948, increased renewal term from ten to
    twenty years, provided for reasonable adjustment of terms, provided
    minimum conditions, and permitted suspension of operations under
    certain conditions.

-End-



-CITE-
    30 USC Sec. 284                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IX - POTASH

-HEAD-
    Sec. 284. Lands containing coal or other minerals in addition to
      potassium deposits; issuance of prospecting permits and leases;
      covenants in potassium leases

-STATUTE-
      Prospecting permits or leases may be issued under the provisions
    of this subchapter for deposits of potassium in public lands, also
    containing deposits of coal or other minerals, on condition that
    such other deposits be reserved to the United States for disposal
    under appropriate laws: Provided, That if the interests of the
    Government and of the lessee will be subserved thereby, potassium
    leases may include covenants providing for the development by the
    lessee of chlorides, sulphates, carbonates, borates, silicates, or
    nitrates of sodium, magnesium, aluminum, or calcium, associated
    with the potassium deposits leased, on terms and conditions not
    inconsistent with the sodium provisions of subchapter VII of this
    chapter: Provided further, That where valuable deposits of mineral
    now subject to disposition under the general mining laws are found
    in fissure veins on any of the lands subject to permit or lease
    under this subchapter, the valuable minerals so found shall
    continue subject to disposition under the said general mining laws
    notwithstanding the presence of potash therein.

-SOURCE-
    (Feb. 7, 1927, ch. 66, Sec. 4, 44 Stat. 1058.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The sodium provisions of subchapter VII of this chapter, referred
    to in text, was in the original "the sodium provisions of the Act
    of February 25, 1920 (Forty-first Statutes at Large, page 437)",
    which means sections 23 to 25 of act Feb. 25, 1920, ch. 85, 41
    Stat. 447, which are classified to subchapter VII (Sec. 261 et
    seq.) of this chapter.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-End-



-CITE-
    30 USC Sec. 285                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IX - POTASH

-HEAD-
    Sec. 285. Laws applicable

-STATUTE-
      The general provisions of sections 182 to 184, 185 to 188, 189 to
    192, 193, and 194 (!1) of this title, are made applicable to
    permits and leases under this subchapter.


-SOURCE-
    (Feb. 7, 1927, ch. 66, Sec. 5, 44 Stat. 1058; Aug. 8, 1946, ch.
    916, Sec. 11, 60 Stat. 957.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 194 of this title, referred to in text, was repealed by
    Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644.

-COD-
                               CODIFICATION                           
      Provision of this section that section 193 of this title was
    amended to include deposits of potassium was omitted from this
    section as executed to section 193 of this title.
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.


-MISC1-
                                AMENDMENTS                            
      1946 - Act Aug. 8, 1946, struck out reference to section 181 of
    this title.

                             SAVINGS PROVISION                         
      See note set out under section 181 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 286                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IX - POTASH

-HEAD-
    Sec. 286. Disposition of royalties and rents from potassium leases

-STATUTE-
      All money received from royalties and rentals from any lease
    issued or renewed under the provisions of subchapter VII of chapter
    3 of this title, shall be paid into, reserved, and appropriated as
    follows: 52 1/2  per centum to the Reclamation Fund, 10 per centum
    to the Treasury of the United States as miscellaneous receipts, and
    37 1/2  per centum shall be paid by the Secretary of the Treasury,
    after the expiration of each fiscal year, to the State within the
    boundaries of which the leased lands or deposits are or were
    located, such money to be used by such State or subdivision thereof
    for the construction and maintenance of public roads or for the
    support of schools or other public educational institutions, as the
    legislature of the State may direct.

-SOURCE-
    (Feb. 7, 1927, ch. 66, Sec. 6, 44 Stat. 1058; June 1, 1948, ch.
    356, 62 Stat. 279.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter VII of chapter 3, referred to in text, was in the
    original "the Act entitled 'An Act to authorize exploration for and
    disposition of potassium' approved October 2, 1917", meaning act
    Oct. 2, 1917, ch. 62, 40 Stat. 297, which was classified to
    subchapter VII (Sec. 141 et seq.) of chapter 3 of this title and
    which was repealed by act Feb. 7, 1927, ch. 66, Sec. 6, 44 Stat.
    1058.

-COD-
                               CODIFICATION                           
      Section is composed of the second sentence of section 6 of act
    Feb. 7, 1927, as added by act June 1, 1948. The first sentence of
    section 6 repealed former sections 141 to 152 of this title and did
    not affect pending applications for permits or leases filed prior
    to Jan. 1, 1926, or valid claims existent on Feb. 7, 1927, and
    thereafter maintained in compliance with the laws under which
    initiated, which claims could be perfected under such laws,
    including discovery.
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-End-



-CITE-
    30 USC Sec. 287                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 3A - LEASES AND PROSPECTING PERMITS
    SUBCHAPTER IX - POTASH

-HEAD-
    Sec. 287. Extension of prospecting permits

-STATUTE-
      Any prospecting permit issued under this subchapter may be
    extended by the Secretary of the Interior for a period not
    exceeding two years, upon a showing of satisfactory cause.

-SOURCE-
    (Feb. 7, 1927, ch. 66, Sec. 7, as added May 7, 1932, ch. 174, 47
    Stat. 151.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41
    Stat. 437, known as the Mineral Leasing Act, which comprises this
    chapter.

-End-


-CITE-
    30 USC CHAPTER 4 - LEASE OF GOLD, SILVER, OR QUICKSILVER
           DEPOSITS WHEN TITLE CONFIRMED BY COURT OF
           PRIVATE LAND CLAIMS                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 4 - LEASE OF GOLD, SILVER, OR QUICKSILVER DEPOSITS WHEN
                 TITLE CONFIRMED BY COURT OF PRIVATE LAND CLAIMS

-HEAD-
      CHAPTER 4 - LEASE OF GOLD, SILVER, OR QUICKSILVER DEPOSITS WHEN
              TITLE CONFIRMED BY COURT OF PRIVATE LAND CLAIMS

-MISC1-
    Sec.                                                     
    291.        Lease of gold, silver, or quicksilver deposits on
                 lands title to which confirmed by Court of Private
                 Land Claims.                                         
    292.        Royalties and rentals; disposition.                   
    293.        Duties of Secretary of the Interior.                  

-End-



-CITE-
    30 USC Sec. 291                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 4 - LEASE OF GOLD, SILVER, OR QUICKSILVER DEPOSITS WHEN
                 TITLE CONFIRMED BY COURT OF PRIVATE LAND CLAIMS

-HEAD-
    Sec. 291. Lease of gold, silver, or quicksilver deposits on lands
      title to which confirmed by Court of Private Land Claims

-STATUTE-
      All gold, silver, or quicksilver deposits, or mines or minerals
    of the same on lands embraced within any land claim confirmed or
    hereafter confirmed by decree of the Court of Private Land Claims,
    and which did not convey the mineral rights to the grantee by the
    terms of the grant, and to which such grantee has not become
    otherwise entitled in law or in equity, may be leased by the
    Secretary of the Interior to the grantee, or to those claiming
    through or under him, for a period of twenty years, with the
    preferential right in the lessee to renew the same for successive
    periods of ten years, upon such reasonable terms and conditions as
    may be prescribed by the Secretary of the Interior, unless
    otherwise provided by law at the time of the expiration of such
    periods.

-SOURCE-
    (June 8, 1926, ch. 503, Sec. 1, 44 Stat. 710.)

-End-



-CITE-
    30 USC Sec. 292                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 4 - LEASE OF GOLD, SILVER, OR QUICKSILVER DEPOSITS WHEN
                 TITLE CONFIRMED BY COURT OF PRIVATE LAND CLAIMS

-HEAD-
    Sec. 292. Royalties and rentals; disposition

-STATUTE-
      For the privilege of mining or extracting the gold, silver, or
    quicksilver deposits in the land covered by such lease, the lessee
    shall pay to the United States a royalty, which shall not be less
    than 5 per centum nor more than 12 1/2  per centum of the net value
    of the output of the gold, silver, or quicksilver at the mine, due
    and payable at the end of each month succeeding that of the
    extraction of the minerals from the mine. All moneys received from
    royalties and rentals under the provisions of this chapter shall be
    deposited in the Treasury of the United States, and disposed of in
    the same manner as rentals and royalties under the provisions of
    section 191 of this title.

-SOURCE-
    (June 8, 1926, ch. 503, Sec. 2, 44 Stat. 710.)

-End-



-CITE-
    30 USC Sec. 293                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 4 - LEASE OF GOLD, SILVER, OR QUICKSILVER DEPOSITS WHEN
                 TITLE CONFIRMED BY COURT OF PRIVATE LAND CLAIMS

-HEAD-
    Sec. 293. Duties of Secretary of the Interior

-STATUTE-
      The Secretary of the Interior is hereby authorized to perform any
    and all acts and to make such rules and regulations as may be
    necessary and proper for the purpose of carrying this chapter into
    full force and effect.

-SOURCE-
    (June 8, 1926, ch. 503, Sec. 3, 44 Stat. 710.)

-End-


-CITE-
    30 USC CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR
           UNDER RAILROADS AND OTHER RIGHTS-OF-WAY         01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND
                 OTHER RIGHTS-OF-WAY               

-HEAD-
    CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND
                            OTHER RIGHTS-OF-WAY

-MISC1-
    Sec.                                                     
    301.        Authorization for lease of oil and gas deposits; by
                 and to whom leased.                                  
    302.        Assignment of lease; subletting.                      
    303.        Conditions precedent to award of lease; preferred
                 class; bidding.                                      
    304.        Provisions authorized in lease.                       
    305.        Royalties under lease.                                
    306.        Rules and regulations.                                

-End-



-CITE-
    30 USC Sec. 301                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND
                 OTHER RIGHTS-OF-WAY               

-HEAD-
    Sec. 301. Authorization for lease of oil and gas deposits; by and
      to whom leased

-STATUTE-
      Whenever the Secretary of the Interior shall deem it to be
    consistent with the public interest he is authorized to lease
    deposits of oil and gas in or under lands embraced in railroad or
    other rights of way acquired under any law of the United States,
    whether the same be a base fee or mere easement: Provided, That,
    except as hereinafter authorized, no lease shall be executed
    hereunder except to the municipality, corporation, firm,
    association, or individual by whom such right of way was acquired,
    or to the lawful successor, assignee, or transferee of such
    municipality, corporation, firm, association, or individual.

-SOURCE-
    (May 21, 1930, ch. 307, Sec. 1, 46 Stat. 373.)

-End-



-CITE-
    30 USC Sec. 302                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND
                 OTHER RIGHTS-OF-WAY               

-HEAD-
    Sec. 302. Assignment of lease; subletting

-STATUTE-
      The right conferred by this chapter may, subject to the approval
    of the Secretary of the Interior, be assigned or sublet by the
    owner thereof to any corporation, firm, association, or individual.

-SOURCE-
    (May 21, 1930, ch. 307, Sec. 2, 46 Stat. 373.)

-End-



-CITE-
    30 USC Sec. 303                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND
                 OTHER RIGHTS-OF-WAY               

-HEAD-
    Sec. 303. Conditions precedent to award of lease; preferred class;
      bidding

-STATUTE-
      Prior to the award of any lease under section 301 of this title,
    the Secretary of the Interior shall notify the owner or lessee of
    adjoining lands and allow him a reasonable time, to be fixed in the
    notice given, within which to submit an offer or bid of the amount
    or percentage of compensatory royalty that such owner will agree to
    pay for the extraction through wells on his or its adjoining land,
    of the oil or gas under and from such adjoining right of way, and
    at the same time afford the holder of the railroad or other right
    of way a like opportunity within the same time to submit its bid or
    offer as to the amount or percentage of royalty it will agree to
    pay, if a lease for the extraction of the oil and gas deposits
    under the right of way be awarded to the holder of such right of
    way. In case of competing offers by the said parties in interest,
    the Secretary shall award the right to extract the oil and gas to
    the bidder, duly qualified, making the offer in his opinion most
    advantageous to the United States. In case but one bid or offer is
    received after notice duly given, he may, in his discretion, award
    the right to extract the oil and gas to such bidder.

-SOURCE-
    (May 21, 1930, ch. 307, Sec. 3, 46 Stat. 374.)

-End-



-CITE-
    30 USC Sec. 304                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND
                 OTHER RIGHTS-OF-WAY               

-HEAD-
    Sec. 304. Provisions authorized in lease

-STATUTE-
      Any lease granted by the Secretary of the Interior pursuant to
    this chapter may, in the discretion of said Secretary, contain a
    provision giving the lessee the right, with the approval of said
    Secretary, to shut down the operation of any well or wells the
    operation of which has become unprofitable, to resume operations
    when such resumption may result in profit, and to abandon any well
    or wells that cease to produce oil and/or gas in paying quantities.

-SOURCE-
    (May 21, 1930, ch. 307, Sec. 4, 46 Stat. 374.)

-End-



-CITE-
    30 USC Sec. 305                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND
                 OTHER RIGHTS-OF-WAY               

-HEAD-
    Sec. 305. Royalties under lease

-STATUTE-
      The royalty to be paid to the United States under any lease to be
    issued, or agreement made pursuant to this chapter, shall be
    determined by the Secretary of the Interior, in no case to be less
    than 12 1/2  per centum in amount or value of the production, nor
    for more than twenty years: Provided, That when the oil or gas is
    produced from land adjacent to the right of way the amount or value
    of the royalty to be paid to the United States shall be within the
    discretion of the Secretary of the Interior: Provided further, That
    when the daily average production of any oil well does not exceed
    ten barrels per day said Secretary may, in his discretion, reduce
    the royalty on subsequent production.

-SOURCE-
    (May 21, 1930, ch. 307, Sec. 5, 46 Stat. 374.)

-End-



-CITE-
    30 USC Sec. 306                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND
                 OTHER RIGHTS-OF-WAY               

-HEAD-
    Sec. 306. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized and directed to adopt
    rules and regulations governing the exercise of the discretion and
    authority conferred by this chapter, which rules and regulations
    shall constitute a part of any application or lease hereunder.

-SOURCE-
    (May 21, 1930, ch. 307, Sec. 6, 46 Stat. 374.)

-End-


-CITE-
    30 USC CHAPTER 6 - SYNTHETIC LIQUID FUEL DEMONSTRATION
           PLANTS                                          01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 6 - SYNTHETIC LIQUID FUEL DEMONSTRATION PLANTS

-HEAD-
          CHAPTER 6 - SYNTHETIC LIQUID FUEL DEMONSTRATION PLANTS      

-End-



-CITE-
    30 USC Secs. 321 to 325                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 6 - SYNTHETIC LIQUID FUEL DEMONSTRATION PLANTS

-HEAD-
    Secs. 321 to 325. Omitted

-COD-
                               CODIFICATION                           
      Section 321, acts Apr. 5, 1944, ch. 172, Sec. 1, 58 Stat. 190;
    Mar. 15, 1948, ch. 117, 62 Stat. 79; Sept. 22, 1950, ch. 988, Sec.
    1, 64 Stat. 905, authorized the Secretary of the Interior for not
    more than eleven years to construct, maintain, and operate plants
    producing synthetic liquid fuel from coal, oil shale, agricultural
    and forestry products and prescribed the size of the plants and
    amount of production.
      Section 322, act Apr. 5, 1944, ch. 172, Sec. 2, 58 Stat. 190, in
    order to carry out the 11 year demonstration plant program,
    authorized laboratory research and development, acquisition by
    purchase of license of secret processes, inventions, etc.,
    acquisition of land, plants, etc., contracting for personnel, and
    cooperation with other Federal and State agencies. See note for
    section 321 above.
      Section 323, acts Apr. 5, 1944, ch. 172, Sec. 3, 58 Stat. 191;
    Oct. 31, 1951, ch. 654, Sec. 4(2), 65 Stat. 709, related to
    licenses and patent rights under the 11 year demonstration plant
    program. See note for section 321 above.
      Section 324, act Apr. 5, 1944, ch. 172, Sec. 4, 58 Stat. 191,
    provided that moneys received under this chapter for products and
    royalties from the 11 year demonstration plant program be paid into
    the Treasury as miscellaneous receipts and a report to Congress on
    all operations under this chapter be rendered by the Secretary on
    or before the first day of January of each year. See note for
    section 321 above.
      Section 325, act Apr. 5, 1944, ch. 172, Sec. 5, 58 Stat. 191,
    authorized the Secretary to issue rules and regulations to carry
    out the 11 year demonstration plant program under this chapter and
    provided that the authority and duties of the Secretary be
    exercised through the Bureau of Mines. See note for section 321
    above.


-MISC1-
                      AUTHORIZATION OF APPROPRIATIONS                  
      Section 6 of act Apr. 5, 1944, as amended by acts Mar. 15, 1948,
    and Sept. 22, 1950, Sec. 1, authorized appropriations of not to
    exceed $87,600,000 to carry out the provisions of this chapter.

                  MORGANTOWN, W. VA., EXPERIMENT STATION              
      Section 2 of act Sept. 22, 1950, provided that out of the
    $87,600,000 authorized to carry out this chapter, not to exceed
    $2,600,000 be used for the construction and equipment of an
    experiment station in or near Morgantown, West Virginia, for
    research in mining, preparation, and utilization of coal,
    petroleum, natural gas, peat, and other minerals.

-End-


-CITE-
    30 USC CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN
           ACQUIRED LANDS                                  01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-
        CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS    

-MISC1-
    Sec.                                                     
    351.        Definitions.                                          
    352.        Deposits subject to lease; consent of department
                 heads; lands excluded.                               
    353.        Sale of lands unaffected; reservation of mineral
                 rights; sale subject to prior lease; naval petroleum
                 reserves unaffected.                                 
    354.        Lease of partial or future interests in deposits.     
    355.        Disposition of receipts.                              
    356.        Furnishing description of lands and title documents;
                 recordation of documents; authenticated copies.      
    357.        State or local government rights; taxation.           
    358.        Rights under prior leases; priority of pending
                 applications; exchange of leases.                    
    359.        Rules and regulations.                                
    360.        Authority to manage certain mineral leases.           

-End-



-CITE-
    30 USC Sec. 351                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-
    Sec. 351. Definitions

-STATUTE-
      As used in this chapter "United States" includes Alaska.
    "Acquired lands" or "lands acquired by the United States" include
    all lands heretofore or hereafter acquired by the United States to
    which the "mineral leasing laws" have not been extended, including
    such lands acquired under the provisions of the Act of March 1,
    1911 (36 Stat. 961, 16 U.S.C., sec. 552). "Secretary" means the
    Secretary of the Interior, "Mineral leasing laws" shall mean the
    Act of October 20, 1914 (38 Stat. 741, 48 U.S.C., sec. 432); the
    Act of February 25, 1920 (41 Stat. 437, 30 U.S.C., sec. 181); the
    Act of April 17, 1926 (44 Stat. 301, 30 U.S.C., sec. 271); the Act
    of February 7, 1927 (44 Stat. 1057, 30 U.S.C., sec. 281), and all
    Acts heretofore or hereafter enacted which are amendatory of or
    supplementary to any of the foregoing Acts. "Lease" includes
    "prospecting permit" unless the context otherwise requires. The
    term "oil" shall embrace all nongaseous hydrocarbon substances
    other than those leasable as coal, oil shale, or gilsonite
    (including all vein-type solid hydrocarbons).

-SOURCE-
    (Aug. 7, 1947, ch. 513, Sec. 2, 61 Stat. 913; Pub. L. 97-78, Sec.
    1(9)(a), Nov. 16, 1981, 95 Stat. 1072.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 1, 1911, referred to in text, is act Mar. 1, 1911,
    ch. 186, 36 Stat. 961, as amended, known as the Weeks Law, which is
    classified to sections 480, 500, 513 to 519, 521, 552, and 563 of
    Title 16, Conservation. For complete classification of this Act to
    the Code, see Short Title note set out under section 552 of Title
    16 and Tables.
      Act of October 20, 1914, referred to in text, is act Oct. 20,
    1914, ch. 330, 38 Stat. 741, known as the Alaska Coal Lands Act,
    which was repealed by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73
    Stat. 490. The subject matter of this Act is generally covered by
    subchapters I to VII (Sec. 181 et seq.) of chapter 3A of this
    title. For complete classification of this Act to the Code prior to
    repeal, see Tables.
      Act of February 25, 1920, referred to in text, is act Feb. 25,
    1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral
    Leasing Act, which is classified generally to chapter 3A (Sec. 181
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 181 of this
    title and Tables.
      Act of April 17, 1926, referred to in text, is act Apr. 17, 1926,
    ch. 158, 44 Stat. 301, as amended, which is classified generally to
    subchapter VIII (Sec. 271 et seq.) of chapter 3A of this title. For
    complete classification of this Act to the Code, see Tables.
      Act of February 7, 1927, referred to in text, is act Feb. 7,
    1927, ch. 66, 44 Stat. 1057, as amended, which enacted subchapter
    IX (Sec. 281 et seq.) of chapter 3A of this title, amended sections
    181 and 193 of this title, and repealed subchapter VII (Sec. 141 et
    seq.) of chapter 3 of this title. For complete classification of
    this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1981 - Pub. L. 97-78 inserted definition of "oil".

                                SHORT TITLE                            
      Section 1 of act Aug. 7, 1947, provided: "That this Act [enacting
    this chapter] may be cited as the 'Mineral Leasing Act for Acquired
    Lands'."

                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

                 OUTER CONTINENTAL SHELF LANDS; DEFINITION             
      Definition of "outer Continental Shelf" with respect to
    jurisdiction of United States, and mineral leases on submerged
    lands of such shelf, see section 1331 et seq. of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 352                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-
    Sec. 352. Deposits subject to lease; consent of department heads;
      lands excluded

-STATUTE-
      Except where lands have been acquired by the United States for
    the development of the mineral deposits, by foreclosure or
    otherwise for resale, or reported as surplus pursuant to the
    provisions of the Surplus Property Act of October 3, 1944 (50
    U.S.C., sec. 1611 and the following), all deposits of coal,
    phosphate, oil, oil shale, gilsonite (including all vein-type solid
    hydrocarbons), gas, sodium, potassium, and sulfur which are owned
    or may hereafter be acquired by the United States and which are
    within the lands acquired by the United States (exclusive of such
    deposits in such acquired lands as are (a) situated within
    incorporated cities, towns and villages, national parks or
    monuments, or (b) tidelands or submerged lands) may be leased by
    the Secretary under the same conditions as contained in the leasing
    provisions of the mineral leasing laws, subject to the provisions
    hereof. Coal or lignite under acquired lands set apart for military
    or naval purposes may be leased by the Secretary, with the
    concurrence of the Secretary of Defense, to a governmental entity
    (including any corporation primarily acting as an agency or
    instrumentality of a State) which produces electrical energy for
    sale to the public if such governmental entity is located in the
    State in which such lands are located. The provisions of subchapter
    VIII of chapter 3A of this title shall apply to deposits of sulfur
    covered by this chapter wherever situated. No mineral deposit
    covered by this section shall be leased except with the consent of
    the head of the executive department, independent establishment, or
    instrumentality having jurisdiction over the lands containing such
    deposit, or holding a mortgage or deed of trust secured by such
    lands which is unsatisfied of record, and subject to such
    conditions as that official may prescribe to insure the adequate
    utilization of the lands for the primary purposes for which they
    have been acquired or are being administered: Provided, That
    nothing in this chapter is intended, or shall be construed, to
    apply to or in any manner affect any mineral rights, exploration
    permits, leases or conveyances nor minerals that are or may be in
    any tidelands; or submerged lands; or in lands underlying the three
    mile zone or belt involved in the case of the United States of
    America against the State of California now pending on application
    for rehearing in the Supreme Court of the United States; or in
    lands underlying such three mile zone or belt, or the continental
    shelf, adjacent or littoral to any part of the land within the
    jurisdiction of the United States of America.

-SOURCE-
    (Aug. 7, 1947, ch. 513, Sec. 3, 61 Stat. 914; Pub. L. 94-377, Sec.
    12, Aug. 4, 1976, 90 Stat. 1090; Pub. L. 97-78, Sec. 1(9)(b), Nov.
    16, 1981, 95 Stat. 1072.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Surplus Property Act of October 3, 1944, referred to in text,
    is act Oct. 3, 1944, ch. 479, 58 Stat. 765, which was classified
    principally to sections 1611 to 1646 of Title 50, Appendix, War and
    National Defense, and was repealed, effective July 1, 1949, with
    the exception of sections 1622, 1631, 1637, and 1641 of Title 50,
    Appendix, by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1),
    63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64
    Stat. 583. Sections 1622 and 1641 were partially repealed by the
    1949 act, and section 1622 is still set out in part in Title 50,
    Appendix. Section 1622(g) was repealed and reenacted as sections
    47151 to 47153 of Title 49, Transportation, by Pub. L. 103-272,
    Secs. 1(e), 7(b), July 5, 1994, 108 Stat. 1278-1280, 1379. Section
    1631 was repealed by act June 7, 1939, ch. 190, Sec. 6(e), as added
    by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by
    sections 98 et seq. of Title 50. Section 1637 was repealed by act
    June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948,
    and is covered by section 3287 of Title 18, Crimes and Criminal
    Procedure. Provisions of section 1641 not repealed by the 1949 act
    were repealed by Pub. L. 87-256, Sec. 111(a)(1), Sept. 21, 1961, 75
    Stat. 538, and are covered by chapter 33 (Sec. 2451 et seq.) of
    Title 22, Foreign Relations and Intercourse. The provisions of the
    Surplus Property Act of 1944 originally repealed by the 1949 act
    were covered by provisions of the 1949 act which were classified to
    chapter 10 (Sec. 471 et seq.) of former Title 40, Public Buildings,
    Property, and Works, and which were repealed and reenacted by Pub.
    L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as
    chapters 1 to 11 of Title 40, Public Buildings, Property, and
    Works.
      For definition of "mineral leasing laws", see section 351 of this
    title.
      Subchapter VIII (Sec. 271 et seq.) of chapter 3A of this title,
    referred to in text, was in the original a reference to the
    provisions of the Act of April 17, 1926 (44 Stat. 301), as
    heretofore or hereafter amended.
      The application for rehearing in the case of the United States of
    America against the State of California, referred to in text, was
    denied on Oct. 13, 1947, by the Supreme Court of the United States.
    See 68 S. Ct. 37, 332 U.S. 787, 92 L. Ed. 370.


-MISC1-
                                AMENDMENTS                            
      1981 - Pub. L. 97-78 inserted reference to gilsonite (including
    all vein-type solid hydrocarbons).
      1976 - Pub. L. 94-377 substituted "or (b)" for "(b) set apart for
    military or naval purposes, or (c)" and inserted provision allowing
    the Secretary, with the concurrence of the Secretary of Defense, to
    lease coal or lignite under lands set aside for military purposes
    to a governmental entity which produces electrical energy for sale
    to the public if such governmental entity is located in the State
    in which such lands are located.

                      OUTER CONTINENTAL SHELF; LEASES                  
      Grant by Secretary of the Interior of oil, gas, and other mineral
    leases on submerged lands of outer Continental Shelf, see section
    1331 et seq. of Title 43, Public Lands.

-End-



-CITE-
    30 USC Sec. 353                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-
    Sec. 353. Sale of lands unaffected; reservation of mineral rights;
      sale subject to prior lease; naval petroleum reserves unaffected

-STATUTE-
      Nothing herein contained shall be deemed or construed to (a)
    amend, modify, or change any existing law authorizing or requiring
    the sale of acquired lands, or (b) empower any commission, bureau,
    or agency of the Government to make a reservation of the minerals
    in the sale of any acquired land: Provided, That any such sale or
    conveyance of lands shall be made by the agency having jurisdiction
    thereof, subject to any lease theretofore made, covering the
    mineral deposits underlying such lands: Provided further, That
    nothing in this chapter is intended, or shall be construed to
    affect in any manner any provision of chapter 641 of title 10.

-SOURCE-
    (Aug. 7, 1947, ch. 513, Sec. 4, 61 Stat. 914.)

-COD-
                               CODIFICATION                           
      "Chapter 641 of title 10" substituted in text for "the Act of
    June 30, 1938 (32 Stat. 1252), amending the Act of June 4, 1920 (41
    Stat. 813)", which had been classified to section 524 of former
    Title 34, Navy, on authority of act Aug. 10, 1956, ch. 1041, Sec.
    49(b), 70A Stat. 640, the first section of which enacted Title 10,
    Armed Forces.

-End-



-CITE-
    30 USC Sec. 354                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-
    Sec. 354. Lease of partial or future interests in deposits

-STATUTE-
      Where the United States does not own all of the mineral deposits
    under any lands sought to be leased and which are affected by this
    chapter, the Secretary is authorized to lease the interest of the
    United States in any such mineral deposits when, in the judgment of
    the Secretary, the public interest will be best served thereby;
    subject, however, to the provisions of section 352 of this title.
    Where the United States does not own any interest or owns less than
    a full interest in the minerals that may be produced from any lands
    sought to be leased, and which are or will be affected by this
    chapter and where, under the provisions of its acquisition, the
    United States is to acquire all or any part of such mineral
    deposits in the future, the Secretary may lease any interest of the
    United States then owned or to be acquired in the future in the
    same manner as provided in the preceding sentence.

-SOURCE-
    (Aug. 7, 1947, ch. 513, Sec. 5, 61 Stat. 914.)

-End-



-CITE-
    30 USC Sec. 355                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-
    Sec. 355. Disposition of receipts

-STATUTE-
      (a) Subject to the provisions of section 35(b) of the Mineral
    Leasing Act (30 U.S.C. 191(b)), all receipts derived from leases
    issued under the authority of this chapter shall be paid into the
    same funds or accounts in the Treasury and shall be distributed in
    the same manner as prescribed for other receipts from the lands
    affected by the lease, the intention of this provision being that
    this chapter shall not affect the distribution of receipts pursuant
    to legislation applicable to such lands: Provided, however, That
    receipts from leases or permits for minerals in lands set apart for
    Indian use, including lands the jurisdiction of which has been
    transferred to the Department of the Interior by the Executive
    order for Indian use, shall be deposited in a special fund in the
    Treasury until final disposition thereof by the Congress.
    Notwithstanding the preceding provisions of this section, all
    receipts derived from leases on lands acquired for military or
    naval purposes, except the naval petroleum reserves and national
    oil shale reserves, shall be paid into the Treasury of the United
    States and disposed of in the same manner as provided under section
    35 of the Act of February 25, 1920 (41 Stat. 450; 30 U.S.C. 191),
    in the case of receipts from sales, bonuses, royalties, and rentals
    of the public lands under that Act [30 U.S.C. 181 et seq.].
      (b) Notwithstanding any other provision of law, any payment to a
    State under this section shall be made by the Secretary of the
    Interior and shall be made not later than the last business day of
    the month following the month in which such moneys or associated
    reports are received by the Secretary of the Interior, whichever is
    later. The preceding sentence shall also apply to any payment to a
    State derived from a lease for mineral resources issued by the
    Secretary of the Interior under section 520 of title 16. The
    Secretary shall pay interest to a State on any amount not paid to
    the State within that time at the rate prescribed under section
    1721 (!1) of this title from the date payment was required to be
    made under this subsection until the date payment is made.


-SOURCE-
    (Aug. 7, 1947, ch. 513, Sec. 6, 61 Stat. 915; Pub. L. 97-94, Sec.
    1, Dec. 17, 1981, 95 Stat. 1205; Pub. L. 102-486, title XXV, Sec.
    2506(a), Oct. 24, 1992, 106 Stat. 3106; Pub. L. 103-66, title X,
    Sec. 10202(a), Aug. 10, 1993, 107 Stat. 408; Pub. L. 107-76, title
    VII, Sec. 751(e)(2), Nov. 28, 2001, 115 Stat. 739.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mineral Leasing Act, referred to in subsec. (a), is act Feb.
    25, 1920, ch. 85, 41 Stat. 437, as amended, which is classified
    generally to chapter 3A (Sec. 181 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 181 of this title and Tables.
      Section 1721 of this title, referred to in subsec. (b), was in
    the original "section 111 of the Federal Oil and Gas Royalty
    Management Act of 1982", which enacted section 1721 of this title
    and amended section 191 of this title.


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (b). Pub. L. 107-76 inserted after first sentence
    "The preceding sentence shall also apply to any payment to a State
    derived from a lease for mineral resources issued by the Secretary
    of the Interior under section 520 of title 16."
      1993 - Subsec. (a). Pub. L. 103-66 substituted "Subject to the
    provisions of section 35(b) of the Mineral Leasing Act (30 U.S.C.
    191(b)), all receipts" for "All receipts" in first sentence.
      1992 - Pub. L. 102-486 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1981 - Pub. L. 97-94 inserted provision that all receipts derived
    from leases on lands acquired for military or naval purposes,
    except the naval petroleum reserves and national shale oil
    reserves, be paid into the Treasury of the United States and
    disposed of in the same manner as provided under section 35 of the
    Act of February 25, 1920, in the case of receipts from sales,
    bonuses, royalties, and rentals of the public lands under that Act.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 2 of Pub. L. 97-94 provided that: "The amendment made by
    the first section of this Act [amending this section] shall take
    effect with respect to leases entered into after January 1, 1981."

               OUTER CONTINENTAL SHELF; REVENUES FROM LEASES           
      Disposition of revenues from leases on submerged lands of outer
    Continental Shelf, see sections 1337(g) and 1338 of Title 43,
    Public Lands.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 356                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-
    Sec. 356. Furnishing description of lands and title documents;
      recordation of documents; authenticated copies

-STATUTE-
      Upon request by the Secretary, the heads of all executive
    departments, independent establishments, or instrumentalities
    having jurisdiction over any of the lands referred to in section
    351 of this title shall furnish to the Secretary the legal
    description of all of such lands, and all pertinent abstracts,
    title papers, and other documents in the possession of such
    agencies concerning the status of the title of the United States to
    the mineral deposits that may be found in such lands.
      Abstracts, title papers, and other documents furnished to the
    Secretary under this section shall be recorded promptly in the
    Bureau of Land Management in such form as the Secretary shall deem
    adequate for their preservation and use in the administration of
    this chapter, whereupon the originals shall be returned promptly to
    the agency from which they were received. Duly authenticated copies
    of any such abstracts, title papers, or other documents may,
    however, be furnished to the Secretary, in lieu of the originals,
    in the discretion of the agency concerned.

-SOURCE-
    (Aug. 7, 1947, ch. 513, Sec. 7, 61 Stat. 915.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See note set out under section 1 of this title.

-End-



-CITE-
    30 USC Sec. 357                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-
    Sec. 357. State or local government rights; taxation

-STATUTE-
      Nothing contained in this chapter shall be construed to affect
    the rights of the State or other local authorities to exercise any
    right which they may have with respect to properties covered by
    leases issued under this chapter, including the right to levy and
    collect taxes upon improvements, output of mines, or other rights,
    property, or assets of any lessee of the United States.

-SOURCE-
    (Aug. 7, 1947, ch. 513, Sec. 8, 61 Stat. 915.)

-End-



-CITE-
    30 USC Sec. 358                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-
    Sec. 358. Rights under prior leases; priority of pending
      applications; exchange of leases

-STATUTE-
      Nothing in this chapter shall affect any rights acquired by any
    lessee of lands subject to this chapter under the law as it existed
    prior to August 7, 1947, and such rights shall be governed by the
    law in effect at the time of their acquisition; but any person
    qualified to hold a lease who, on August 7, 1947, had pending an
    application for an oil and gas lease for any lands subject to this
    chapter which on the date the application was filed was not
    situated within the known geologic structure of a producing oil or
    gas field, shall have a preference right over others to a lease of
    such lands without competitive bidding. Any person holding a lease
    on lands subject hereto, which lease was issued prior to August 7,
    1947, shall be entitled to exchange such lease for a new lease
    issued under the provisions of this chapter, at any time prior to
    the expiration of such existing lease.

-SOURCE-
    (Aug. 7, 1947, ch. 513, Sec. 9, 61 Stat. 915.)


-MISC1-
    OUTER CONTINENTAL SHELF; JURISDICTION OF UNITED STATES; VALIDATION
                              OF PRIOR LEASES
      Jurisdiction of United States over outer Continental Shelf, grant
    of leases on submerged lands thereof, and validation of prior
    leases, see section 1331 et seq. of Title 43, Public Lands.

-End-



-CITE-
    30 USC Sec. 359                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-
    Sec. 359. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe such
    rules and regulations as are necessary and appropriate to carry out
    the purposes of this chapter, which rules and regulations shall be
    the same as those prescribed under the mineral leasing laws to the
    extent that they are applicable.

-SOURCE-
    (Aug. 7, 1947, ch. 513, Sec. 10, 61 Stat. 915.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of "mineral leasing laws", see section 351 of this
    title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior to promulgate regulations
    under this chapter relating to fostering of competition for Federal
    leases, implementation of alternative bidding systems authorized
    for award of Federal leases, establishment of diligence
    requirements for operations conducted on Federal leases, setting of
    rates for production of Federal leases, and specifying of
    procedures, terms, and conditions for acquisition and disposition
    of Federal royalty interests taken in kind, transferred to
    Secretary of Energy by section 7152(b) of Title 42, The Public
    Health and Welfare. Section 7152(b) of Title 42 was repealed by
    Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,
    and functions of Secretary of Energy returned to Secretary of the
    Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-End-



-CITE-
    30 USC Sec. 360                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 7 - LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS

-HEAD-
    Sec. 360. Authority to manage certain mineral leases

-STATUTE-
      Each department, agency and instrumentality of the United States
    which administers lands acquired by the United States with one or
    more existing mineral lease shall transfer to the Secretary of the
    Interior the authority to administer such lease and to collect all
    receipts due and payable to the United States under the lease. In
    the case of lands acquired on or before October 24, 1992, the
    authority to administer the leases and collect receipts shall be
    transferred to the Secretary of the Interior as expeditiously as
    practicable after October 24, 1992. In the case of lands acquired
    after October 24, 1992, such authority shall be vested with the
    Secretary at the time of acquisition. The provisions of section 355
    of this title shall apply to all receipts derived from such leases
    where such receipts are due and payable to the United States under
    the lease in the same manner as such provisions apply to receipts
    derived from leases issued under the authority of this chapter. For
    purposes of this section, the term "existing mineral lease" means
    any lease in existence at the time land is acquired by the United
    States. Nothing in this section shall be construed to affect the
    existing surface management authority of any Federal agency.

-SOURCE-
    (Aug. 7, 1947, ch. 513, Sec. 11, as added Pub. L. 102-486, title
    XXV, Sec. 2506(b), Oct. 24, 1992, 106 Stat. 3106.)

-End-


-CITE-
    30 USC CHAPTER 8 - DEVELOPMENT OF LIGNITE COAL RESOURCES    01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 8 - DEVELOPMENT OF LIGNITE COAL RESOURCES

-HEAD-
             CHAPTER 8 - DEVELOPMENT OF LIGNITE COAL RESOURCES         

-MISC1-
    Sec.                                                     
    401.        Establishment of research laboratory; duties.         
    402.        Acquisition of lands and property; utilization of
                 voluntary services; cooperation with other Federal,
                 State, and private agencies.                         
    403.        Repealed.                                             
    404.        Establishment of an advisory committee; composition
                 and appointment.                                     

-End-



-CITE-
    30 USC Sec. 401                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 8 - DEVELOPMENT OF LIGNITE COAL RESOURCES

-HEAD-
    Sec. 401. Establishment of research laboratory; duties

-STATUTE-
      The Secretary of the Interior, acting through the United States
    Bureau of Mines, is authorized and directed to establish, equip,
    and maintain a research laboratory in the lignite-consuming region
    of North Dakota to conduct researches and investigations on the
    mining, preparation, and utilization of lignite coal and to develop
    new scientific, chemical, and technical uses and new and extended
    markets and outlets for lignite coal and its products. Such
    laboratory shall be planned as a center for information and
    assistance in matters pertaining to conserving lignite coal
    resources for national defense and security; to the more efficient
    mining, preparation, and utilization of lignite coal; and
    pertaining to safety, health, and sanitation in mining operations
    and other matters relating to problems of the lignite industry.

-SOURCE-
    (Mar. 25, 1948, ch. 146, Sec. 1, 62 Stat. 85.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For provisions relating to closure and transfer of functions of
    the United States Bureau of Mines, see note set out under section 1
    of this title.


-MISC1-
                              APPROPRIATIONS                          
      Section 5 of act Mar. 25, 1948, provided that: "In order to carry
    out the purposes of this Act [enacting this chapter] there is
    hereby authorized to be appropriated, out of any money in the
    Treasury not otherwise appropriated, the sum of (a) $750,000 for
    the erection and equipment of a building or buildings, including
    plumbing, lighting, heating, general service, and experimental
    equipment and apparatus, the necessary roads, walks, and ground
    improvement, and land for the site of the building if no land is
    donated; and (b) $250,000 annually for the maintenance and
    operation of the experimental station, including personal services,
    supplies, equipment, and expenses of travel and subsistence."

-End-



-CITE-
    30 USC Sec. 402                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 8 - DEVELOPMENT OF LIGNITE COAL RESOURCES

-HEAD-
    Sec. 402. Acquisition of lands and property; utilization of
      voluntary services; cooperation with other Federal, State, and
      private agencies

-STATUTE-
      For the purpose of this chapter the Secretary, acting through the
    United States Bureau of Mines, is authorized to acquire land and
    interests therein, and to accept in the name of the United States
    donations of any property, real or personal, and to utilize
    voluntary or uncompensated services at such laboratory. The
    Secretary is authorized and directed to cooperate with other
    departments or agencies of the Federal Government, States, and
    State agencies and institutions, counties, municipalities, business
    or other organizations, corporations, associations, universities,
    scientific societies, and individuals, upon such terms and
    conditions as he may prescribe.

-SOURCE-
    (Mar. 25, 1948, ch. 146, Sec. 2, 62 Stat. 85.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For provisions relating to closure and transfer of functions of
    the United States Bureau of Mines, see note set out under section 1
    of this title.

-End-



-CITE-
    30 USC Sec. 403                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 8 - DEVELOPMENT OF LIGNITE COAL RESOURCES

-HEAD-
    Sec. 403. Repealed.

-MISC1-
    Sec. 403. Repealed. Pub. L. 93-608, Sec. 1(12), Jan. 2, 1975, 88
      Stat. 1969.
      Section, act Mar. 25, 1948, ch. 146, Sec. 3, 62 Stat. 85,
    required Secretary of the Interior, acting through Bureau of Mines,
    to report to Congress on activities, expenditures, etc., of
    laboratory.

-End-



-CITE-
    30 USC Sec. 404                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 8 - DEVELOPMENT OF LIGNITE COAL RESOURCES

-HEAD-
    Sec. 404. Establishment of an advisory committee; composition and
      appointment

-STATUTE-
      The Secretary of the Interior, acting through the United States
    Bureau of Mines, may, in his discretion, create and establish an
    advisory committee composed of not more than six members to
    exercise consultative functions, when required by the Secretary, in
    connection with the administration of this chapter. The said
    committee shall be composed of representatives of lignite coal-mine
    owners, of representatives of lignite coal-mine workers and the
    public in equal number. The members of said committee shall be
    appointed by the Secretary of the Interior without regard to the
    civil-service laws.

-SOURCE-
    (Mar. 25, 1948, ch. 146, Sec. 4, 62 Stat. 85.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil-service laws, referred to in text, are set out in Title
    5, Government Organization and Employees. See, particularly,
    section 3301 et seq. of Title 5.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For provisions relating to closure and transfer of functions of
    the United States Bureau of Mines, see note set out under section 1
    of this title.


-MISC1-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. Advisory
    committees established after Jan. 5, 1973, to terminate not later
    than the expiration of the 2-year period beginning on the date of
    their establishment, unless, in the case of a committee established
    by the President or an officer of the Federal Government, such
    committee is renewed by appropriate action prior to the expiration
    of such 2-year period, or in the case of a committee established by
    the Congress, its duration is otherwise provided for by law. See
    section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

-End-


-CITE-
    30 USC CHAPTER 9 - RARE AND PRECIOUS METALS EXPERIMENT
           STATION                                         01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 9 - RARE AND PRECIOUS METALS EXPERIMENT STATION

-HEAD-
          CHAPTER 9 - RARE AND PRECIOUS METALS EXPERIMENT STATION      

-MISC1-
    Sec.                                                     
    411.        Establishment and operation of experimental plant.    
    412.        Acquisition of lands and interests; acceptance of
                 money and property; disposition and use of money.    

-End-



-CITE-
    30 USC Sec. 411                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 9 - RARE AND PRECIOUS METALS EXPERIMENT STATION

-HEAD-
    Sec. 411. Establishment and operation of experimental plant

-STATUTE-
      The Secretary of the Interior, acting through the United States
    Bureau of Mines, is authorized and directed to establish, equip,
    and maintain a research laboratory at Reno, Nevada, for research,
    investigation, and as a center for information and assistance in
    matters pertaining to the mining, preparation, metallurgy, use, and
    conservation of the rare and precious metals of the Sierra Nevada
    mining region, and pertaining to other problems affecting the
    mining industry of that region.

-SOURCE-
    (June 21, 1950, ch. 338, Sec. 1, 64 Stat. 248; Pub. L. 102-285,
    Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out as
    a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.


-MISC1-
                              APPROPRIATIONS                          
      Section 3 of act June 21, 1950, provided that: "In order to carry
    out the purposes of this Act [enacting this chapter] there is
    hereby authorized to be appropriated, out of any money in the
    Treasury not otherwise appropriated, the sum of (a) $750,000 for
    the erection and equipment of a building or buildings, including
    plumbing, lighting, heating, ventilation, general service,
    experimental equipment and apparatus, the necessary roads, walks,
    and ground improvements; and (b) $250,000 annually for the
    maintenance and operation of the experiment station, including
    personal services, supplies, equipment, and expenses of travel and
    subsistence."

-End-



-CITE-
    30 USC Sec. 412                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 9 - RARE AND PRECIOUS METALS EXPERIMENT STATION

-HEAD-
    Sec. 412. Acquisition of lands and interests; acceptance of money
      and property; disposition and use of money

-STATUTE-
      For the purposes of this chapter the Secretary, acting through
    the United States Bureau of Mines, is authorized to acquire land
    and interests therein; to receive and accept money and property,
    real or personal, or interests therein, and services as a gift,
    bequest, or contribution; and may conduct activities or projects in
    cooperation with any person, firm, agency, or organization,
    Federal, State, or private. Money so received shall be deposited in
    the Treasury of the United States in a special fund or funds for
    disbursement by the United States Bureau of Mines and shall remain
    available for the purposes for which received and accepted until
    expended.

-SOURCE-
    (June 21, 1950, ch. 338, Sec. 2, 64 Stat. 248; Pub. L. 102-285,
    Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out as
    a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.

-End-


-CITE-
    30 USC CHAPTER 10 - COAL MINE SAFETY                        01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 10 - COAL MINE SAFETY

-HEAD-
                       CHAPTER 10 - COAL MINE SAFETY                   


-STATAMEND-
                             REPEAL OF CHAPTER                         
      Chapter repealed by Pub. L. 91-173, title V, Sec. 509, Dec. 30,
    1969, 83 Stat. 803, on the operative date of sections 811 to 821
    and 861 to 878 of this title, which became operative ninety days
    after the enactment of Pub. L. 91-173, approved Dec. 30, 1969,
    except that this chapter would continue to apply to any order,
    notice, decision, finding or any proceedings related to such order,
    notice, decision, or finding issued prior to the operative date of
    sections 811 to 812 and 861 to 878 of this title.

-End-



-CITE-
    30 USC Secs. 451 to 460, 471 to 483                         01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 10 - COAL MINE SAFETY

-HEAD-
    Secs. 451 to 460, 471 to 483. Repealed.

-MISC1-
    Secs. 451 to 460, 471 to 483. Repealed. Pub. L. 91-173, title V,
      Sec. 509, Dec. 30, 1969, 83 Stat. 803.
      Section 451, act May 7, 1941, ch. 87, title 1, Sec. 101, formerly
    Sec. 1, 55 Stat. 177; renumbered title I, Sec. 101, July 16, 1952,
    ch. 877, Sec. 4(4), 66 Stat. 710, authorized Secretary of the
    Interior to make annual investigations of coal mines to obtain
    information relating to health and safety conditions.
      Section 452, act May 7, 1941, ch. 87, title I, Sec. 102, formerly
    Sec. 2, 55 Stat. 178; renumbered title I, Sec. 102, and amended
    July 16, 1952, ch. 877, Sec. 4(3), (5), (6), 66 Stat. 710,
    empowered Secretary of the Interior to make inspections at any
    time.
      Section 453, act May 7, 1941, ch. 87, title I, Sec. 103, formerly
    Sec. 3, 55 Stat. 178; renumbered title I, Sec. 103, and amended
    July 16, 1952, ch. 877, Sec. 4(5), (7), 66 Stat. 710, authorized
    investigators to enter any mine affecting interstate commerce.
      Section 454, act May 7, 1941, ch. 87, title I, Sec. 104, formerly
    Sec. 4, 55 Stat. 178; renumbered title I, Sec. 104, and amended
    July 16, 1952, ch. 877, Sec. 4(5), (7), (8), 66 Stat. 709, provided
    for penalty for refusal to admit investigator.
      Section 455, act May 7, 1941, ch. 87, title I, Sec. 105, formerly
    Sec. 5, 55 Stat. 178; renumbered title I, Sec. 105, and amended
    July 16, 1952, ch. 877, Secs. 3, 4(5), 66 Stat. 709, 710, provided
    for filing of accident information.
      Section 456, act May 7, 1941, ch. 87, title I, Sec. 106, formerly
    Sec. 6, 55 Stat. 178; renumbered title I, Sec. 106, and amended
    July 16, 1952, ch. 877, Sec. 4(3), (5), 66 Stat. 710, directed
    Secretary of the Interior to compile and publish reports and to
    expend funds for advancement of health and safety in mines.
      Section 457, act May 7, 1941, ch. 87, title I, Sec. 107, formerly
    Sec. 7, 55 Stat. 179; renumbered title I, Sec. 107, and amended
    July 16, 1952, ch. 877, Sec. 4(3), (5), (9), 66 Stat. 710, provided
    for administration of provisions of sections 451 to 460 of this
    title by Bureau of Mines and directed Federal agencies to cooperate
    with State mine safety agencies.
      Section 458, act May 7, 1941, ch. 87, title I, Sec. 108, formerly
    Sec. 8, 55 Stat. 179; renumbered title I, Sec. 108, and amended
    July 16, 1952, ch. 877, Sec. 4(3), (5), 66 Stat. 710, authorized
    creation of an advisory committee and provided for its functions
    and composition.
      Section 459, act May 7, 1941, ch. 87, title I, Sec. 109, formerly
    Sec. 9, 55 Stat. 179; renumbered title I, Sec. 109, and amended
    Oct. 28, 1949, ch. 782, Sec. 1106(a), 63 Stat. 972; July 16, 1952,
    ch. 877, Sec. 4(3), (5), 66 Stat. 710, authorized employment of
    personnel for administration of sections 451 to 460 of this title
    and set out qualification conditions.
      Section 460, act May 7, 1941, ch. 87, title I, Sec. 111, formerly
    11, 55 Stat. 179; renumbered title I, Sec. 110, and amended July
    16, 1952, ch. 877, Sec. 4(3), (5), 66 Stat. 710, defined "Commerce"
    as used in sections 451 to 460 of this title.
      Section 471, act May 7, 1941, ch. 87, title II, Sec. 201, as
    added July 16, 1952, ch. 877, Sec. 1, 66 Stat. 692; amended Mar.
    26, 1966, Pub. L. 89-376, Sec. 2(a), 80 Stat. 84, defined terms as
    used in sections 471 to 483 of this title.
      Section 472, act May 7, 1941, ch. 87, title II, Sec. 202, as
    added July 16, 1952, ch. 877, Sec. 1, 66 Stat. 693; amended Mar.
    26, 1966, Pub. L. 89-376, Sec. 3(b), 80 Stat. 87, set out
    provisions for annual and special instructions, directed Federal
    agencies to coordinate operations with State mine safety agencies
    created pursuant to enumerated conditions and authorized any such
    State inspector to enter any mine affecting commerce.
      Section 473, act May 7, 1941, ch. 87, title II, Sec. 203, as
    added July 16, 1952, ch. 877, Sec. 1, 66 Stat. 694; amended Mar.
    26, 1966, Pub. L. 89-376, Sec. 3(a), 80 Stat. 85, set out
    procedures for withdrawal when immediate or nonimmediate dangers
    were found to exist in mines.
      Section 474, act May 7, 1941, ch. 87, title II, Sec. 204, as
    added July 16, 1952, ch. 877, Sec. 1, 66 Stat. 696, set out
    procedures for giving notice of findings and orders.
      Section 475, act May 7, 1941, ch. 87, title II, Sec. 205, as
    added July 16, 1952, ch. 877, Sec. 1, 66 Stat. 697; amended Mar.
    26, 1966, Pub. L. 89-376, Sec. 3(c), (d), 80 Stat. 87, authorized
    continuation of Federal Coal Mine Safety Board of Review and
    provided for its composition, powers, and procedures.
      Section 476, act May 7, 1941, ch. 87, title II, Sec. 206, as
    added July 16, 1952, ch. 877, Sec. 1, 66 Stat. 699; amended Mar.
    26, 1966, Pub. L. 89-376, Sec. 3(e), 80 Stat. 88, set out
    procedures for Director of Bureau of Mines to review applications
    for annulment or revision of orders closing mines because of
    immediate and nonimmediate dangers.
      Section 477, act May 7, 1941, ch. 87, title II, Sec. 207, as
    added July 16, 1952, ch. 877, Sec. 1, 66 Stat. 700; amended June
    11, 1960, Pub. L. 86-507, Sec. 1(22), (23), 74 Stat. 201; Mar. 26,
    1966, Pub. L. 89-376, Sec. 3(f), 80 Stat. 90, set out procedures
    for review by Federal Coal Mine Safety Board of Review of
    applications for annulment or revision of orders closing mines
    because of immediate or nonimmediate dangers.
      Section 478, act May 7, 1941, ch. 87, title II, Sec. 208, as
    added July 16, 1952, ch. 877, Sec. 1, 66 Stat. 702; amended June
    11, 1960, Pub. L. 86-507, Sec. 1(24), 74 Stat. 201, set out
    procedures for judicial review of orders by Federal Coal Mine
    Safety Board of Review.
      Section 479, act May 7, 1941, ch. 87, title II, Sec. 209, as
    added July 16, 1952, ch. 877, Sec. 1, 66 Stat. 703, set out
    mandatory mine safety provisions respecting roof support,
    ventilation, coal dust and rock dust, electrical equipment, fire
    protection, and other miscellaneous matters.
      Section 480, act May 7, 1941, ch. 87, title II, Sec. 210, as
    added July 16, 1952, ch. 877, Sec. 1, 66 Stat. 708; amended Mar.
    26, 1966, Pub. L. 89-376, Sec. 4, 80 Stat. 91, set out penalties
    for violations of provisions of sections 473 or 476 of this title.
      Section 481, act May 7, 1941, ch. 87, title II, Sec. 211, as
    added July 16, 1952, ch. 877, Sec. 1, 66 Stat. 708, provided for
    effect on State laws of provisions of sections 471 to 483 of this
    title.
      Section 482, act May 7, 1941, ch. 87, title II, Sec. 212, as
    added July 16, 1952, ch. 877, Sec. 1, 66 Stat. 709; amended Mar.
    26, 1966, Pub. L. 89-376, Sec. 5, 80 Stat. 91, set out procedures
    for issuance of certificates of equipment conformity, expanded
    educational programs, directed Federal agencies to coordinate their
    activities with State agencies to eliminate duplication of efforts,
    expenses and enforcement requirements, and provided that Director
    annually report on administration of his functions.
      Section 483, act May 7, 1941, ch. 87, title II, Sec. 213, as
    added July 16, 1952, ch. 877, Sec. 1, 66 Stat. 709, provided that
    Administrative Procedure Act was not to be applicable to provisions
    of sections 471 to 483 of this title.
      For subject matter formerly contained in this chapter, see
    section 801 et seq. of this title.

-End-


-CITE-
    30 USC CHAPTER 11 - MINING CLAIMS ON LANDS SUBJECT TO
           MINERAL LEASING LAWS                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 11 - MINING CLAIMS ON LANDS SUBJECT TO MINERAL LEASING LAWS

-HEAD-
    CHAPTER 11 - MINING CLAIMS ON LANDS SUBJECT TO MINERAL LEASING LAWS

-MISC1-
    Sec.                                                     
    501.        Mining claims located between July 31, 1939, and
                 January 1, 1953.                                     
    502.        Reservation of minerals to the United States; rights
                 of entry, disposition and removal.                   
    503.        Reservations required by law; atomic energy materials.
    504.        Power to make arrangements respecting atomic energy
                 materials as unaffected.                             
    505.        "Mineral leasing laws" defined.                       

-End-



-CITE-
    30 USC Sec. 501                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 11 - MINING CLAIMS ON LANDS SUBJECT TO MINERAL LEASING LAWS

-HEAD-
    Sec. 501. Mining claims located between July 31, 1939, and January
      1, 1953

-STATUTE-
    (a) Force and effect
      Subject to the provisions of this chapter and to any valid
    intervening rights acquired under laws of the United States, any
    mining claim located under the mining laws of the United States
    subsequent to July 31, 1939, and prior to January 1, 1953, on lands
    of the United States which were, at the time of such location - 
        (1) included in a permit or lease issued under the mineral
      leasing laws; or
        (2) covered by an application or offer for a permit or lease
      which had been filed under the mineral leasing laws; or
        (3) known to be valuable for minerals subject to disposition
      under the mineral leasing laws;

    shall be effective to the same extent as if such mining claim had
    been located on lands which were at the time of such location
    subject to location under the mining laws of the United States:
    Provided, however, That in order to obtain the benefits of this
    chapter, the owner of any such mining claim shall, not later than
    one hundred and twenty days after August 12, 1953, post on such
    claim in the manner required for posting notice of location of
    mining claims and file for record in the office where the notice or
    certificate of location of such claim is of record an amended
    notice of location of such claim, stating that such notice is filed
    pursuant to the provisions of this chapter and for the purpose of
    obtaining the benefits thereof.
    (b) Labor and improvement
      Labor performed or improvements made upon or for the benefit of
    such mining claims after the original location thereof shall be
    recognized as applicable thereto for all purposes to the same
    extent as labor performed and improvements made upon or for the
    benefit of mining claims which are not affected by this chapter.
    (c) Withdrawal or reservation
      Any withdrawal or reservation made after the original location of
    such mining claim affecting land covered by such mining claim is
    modified and amended so that the effect thereof upon such mining
    claim shall be the same as if such mining claim had been located
    upon lands of the United States, which, subsequent to July 31,
    1939, and prior to the date of such withdrawal, were subject to
    location under the mining laws of the United States.

-SOURCE-
    (Aug. 12, 1953, ch. 405, Sec. 1, 67 Stat. 539.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in subsecs. (a)
    and (c), are classified generally to this title.
      For definition of "mineral leasing laws", referred to in subsec.
    (a)(1) to (3), see section 505 of this title.

-End-



-CITE-
    30 USC Sec. 502                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 11 - MINING CLAIMS ON LANDS SUBJECT TO MINERAL LEASING LAWS

-HEAD-
    Sec. 502. Reservation of minerals to the United States; rights of
      entry, disposition and removal

-STATUTE-
      Any mining claim given force and effect as provided in section
    501 of this title shall be subject to the reservation to the United
    States of all minerals which, upon August 12, 1953, are provided in
    the mineral leasing laws to be disposed of thereunder, and the
    right of the United States, its lessees, permittees, and licensees,
    to enter upon the land covered by such mining claim to prospect
    for, mine, treat, store, and remove such minerals, and to use so
    much of the surface and subsurface of such mining claim as may be
    necessary for such purposes, and to enter upon such land whenever
    reasonably necessary for the purpose of prospecting for, mining,
    treating, storing, and removing such minerals on and from other
    lands of the United States; and any patent issued for any such
    mining claim shall contain such reservation.

-SOURCE-
    (Aug. 12, 1953, ch. 405, Sec. 2, 67 Stat. 539.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of "mineral leasing laws", see section 505 of this
    title.

-End-



-CITE-
    30 USC Sec. 503                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 11 - MINING CLAIMS ON LANDS SUBJECT TO MINERAL LEASING LAWS

-HEAD-
    Sec. 503. Reservations required by law; atomic energy materials

-STATUTE-
      The rights under any mining claim given force and effect by this
    chapter shall also be subject to the reservation to the United
    States specified in section 5(b)(7) of the Atomic Energy Act of
    1946, as amended, and, in addition, any reservation or reservations
    required by any other provision or provisions of law; and any
    patent issued for such mining claim shall contain such
    reservations.

-SOURCE-
    (Aug. 12, 1953, ch. 405, Sec. 3, 67 Stat. 540.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5(b)(7) of the Atomic Energy Act of 1946, as amended,
    referred to in text, was formerly classified to section 1805(b)(7)
    of Title 42, The Public Health and Welfare, and prohibited any
    benefit to a person from confidential information acquired from
    participation in development of atomic energy program respecting
    deposits of fissionable source materials on public lands. Such
    provisions are covered in section 68(a), (b) of the Atomic Energy
    Act of 1954, as amended, which is classified to section 2098(a),
    (b) of Title 42.

-End-



-CITE-
    30 USC Sec. 504                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 11 - MINING CLAIMS ON LANDS SUBJECT TO MINERAL LEASING LAWS

-HEAD-
    Sec. 504. Power to make arrangements respecting atomic energy
      materials as unaffected

-STATUTE-
      Except as this chapter provides for (a) validation of certain
    mining claims located on lands described in section 501 of this
    title, and (b) the modification and amendment of certain
    withdrawals or reservations of land, nothing in this chapter shall
    affect any power or authority duly vested in the Atomic Energy
    Commission or any other agency, department or officer of the United
    States to make leases, withdrawals, reservations or other
    arrangements with respect to source materials as defined in section
    5(b)(1) of the Atomic Energy Act of 1946, as amended.

-SOURCE-
    (Aug. 12, 1953, ch. 405, Sec. 4, 67 Stat. 540.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5(b)(1) of the Atomic Energy Act of 1946, as amended,
    referred to in text, was formerly classified to section 1805(b)(1)
    of Title 42, The Public Health and Welfare, and defined "source
    material". Such term is defined in section 11(z) of the Atomic
    Energy Act of 1954, as amended, which is classified to section
    2014(z) of Title 42.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of Title 42, The Public Health and Welfare.
    See, also, Transfer of Functions notes set out under those
    sections.

-End-



-CITE-
    30 USC Sec. 505                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 11 - MINING CLAIMS ON LANDS SUBJECT TO MINERAL LEASING LAWS

-HEAD-
    Sec. 505. "Mineral leasing laws" defined

-STATUTE-
      As used in this chapter "mineral leasing laws" shall mean the Act
    of October 20, 1914 (38 Stat. 741); the Act of February 25, 1920
    (41 Stat. 437) [30 U.S.C. 181 et seq.]; the Act of April 17, 1926
    (44 Stat. 301) [30 U.S.C. 271 et seq.]; the Act of February 7, 1927
    (44 Stat. 1057) [30 U.S.C. 281 et seq.] and all Acts heretofore or
    hereafter enacted which are amendatory of or supplementary to any
    of the foregoing Acts.

-SOURCE-
    (Aug. 12, 1953, ch. 405, Sec. 5, 67 Stat. 540.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of October 20, 1914, referred to in text, is act Oct. 20,
    1914, ch. 330, 38 Stat. 741, known as the Alaska Coal Lands Act,
    which was repealed by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73
    Stat. 490. The subject matter of this Act is generally covered by
    subchapters I to VII (Sec. 181 et seq.) of chapter 3A of this
    title. For complete classification of this Act to the Code prior to
    repeal, see Tables.
      Act of February 25, 1920, referred to in text, is act Feb. 25,
    1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral
    Leasing Act, which is classified generally to chapter 3A (Sec. 181
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 181 of this
    title and Tables.
      Act of April 17, 1926, referred to in text, is act Apr. 17, 1926,
    ch. 158, 44 Stat. 301, as amended, which is classified generally to
    subchapter VIII (Sec. 271 et seq.) of chapter 3A of this title. For
    complete classification of this Act to the Code, see Tables.
      Act of February 7, 1927, referred to in text, is act Feb. 7,
    1927, ch. 66, 44 Stat. 1057, as amended, which enacted subchapter
    IX (Sec. 281 et seq.) of chapter 3A of this title, amended sections
    181 and 193 of this title, and repealed subchapter VII (Sec. 141 et
    seq.) of chapter 3 of this title. For complete classification of
    this Act to the Code, see Tables.

-End-


-CITE-
    30 USC CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE
           SAME TRACTS                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-
       CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS   

-MISC1-
    Sec.                                                     
    521.        Mineral leasing claims.                               
    522.        Conflicting periods of location of claims.            
    523.        Uranium leases.                                       
    524.        Reservation of minerals to United States.             
    525.        Future location of claims on mineral lands.           
    526.        Mining and Leasing Act operations.                    
    527.        Determination of unpatented mining claims.            
    528.        Waiver and relinquishment of mineral rights.          
    529.        Helium lands subject to entry.                        
    530.        Definitions.                                          
    531.        Approval of United States officials.                  

-End-



-CITE-
    30 USC Sec. 521                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-
    Sec. 521. Mineral leasing claims

-STATUTE-
    (a) Preference categories
      Subject to the conditions and provisions of this chapter and to
    any valid intervening rights acquired under the laws of the United
    States, any mining claim located under the mining laws of the
    United States subsequent to July 31, 1939, and prior to February
    10, 1954, on lands of the United States, which at the time of
    location were - 
        (1) included in a permit or lease issued under the mineral
      leasing laws; or
        (2) covered by an application or offer for a permit or lease
      which had been filed under the mineral leasing laws; or
        (3) known to be valuable for minerals subject to disposition
      under the mineral leasing laws,

    shall be effective to the same extent in all respects as if such
    lands at the time of location, and at all times thereafter, had not
    been so included or covered or known: Provided, however, That, in
    order to be entitled to the benefits of this chapter, the owner of
    any such mining claim located prior to January 1, 1953, must have
    posted and filed for record, within the time allowed by the
    provisions of chapter 11 of this title, an amended notice of
    location as to such mining claim, stating that such notice was
    filed pursuant to the provisions of said chapter 11 and for the
    purpose of obtaining the benefits thereof: And provided further,
    That in order to obtain the benefits of this chapter, the owner of
    any such mining claim located subsequent to December 31, 1952, and
    prior to February 10, 1954, not later than one hundred and twenty
    days after August 13, 1954, must post on such claim in the manner
    required for posting notice of location of mining claims and file
    for record in the office where the notice or certificate of
    location of such claim is of record an amended notice of location
    for such claim, stating that such notice is filed pursuant to the
    provisions of this chapter and for the purpose of obtaining the
    benefits thereof and, within said one hundred and twenty day
    period, if such owner shall have filed a uranium lease application
    as to the tract covered by such mining claim, must file with the
    Atomic Energy Commission a withdrawal of such uranium lease
    application or, if a uranium lease shall have issued pursuant
    thereto, a release of such lease, and must record a notice of the
    filing of such withdrawal or release in the county office wherein
    such notice or certificate of location shall have been filed for
    record.
    (b) Labor and improvements
      Labor performed or improvements made after the original location
    of and upon or for the benefit of any mining claim which shall be
    entitled to the benefits of this chapter under the provisions of
    subsection (a) of this section, shall be recognized as applicable
    to such mining claim for all purposes to the same extent as if the
    validity of such mining claim were in no respect dependent upon the
    provisions of this chapter.
    (c) Withdrawal or reservation of lands
      As to any land covered by any mining claim which is entitled to
    the benefits of this chapter under the provisions of subsection (a)
    of this section, any withdrawal or reservation of lands made after
    the original location of such mining claim is hereby modified and
    amended so that the effect thereof upon such mining claim shall be
    the same as if such mining claim had been located upon lands of the
    United States which, subsequent to July 31, 1939, and prior to the
    date of such withdrawal or reservation, were subject to location
    under the mining laws of the United States.

-SOURCE-
    (Aug. 13, 1954, ch. 730, Sec. 1, 68 Stat. 708.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in subsecs. (a)
    and (c), are classified generally to this title.
      For definition of "mineral leasing laws", referred to in subsec.
    (a)(1) to (3), see section 530 of this title.


-MISC1-
                                SHORT TITLE                            
      Act Aug. 13, 1954, which enacted this chapter, amended section
    1805 of Title 42, The Public Health and Welfare, and enacted
    provisions formerly set out as a note under section 1805 of Title
    42, is popularly known as the Multiple Mineral Development Act.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of Title 42, The Public Health and Welfare.
    See, also, Transfer of Functions notes set out under those
    sections.


-MISC2-
                               SEPARABILITY                           
      Section 13 of act Aug. 13, 1954, provided that: "If any provision
    of this Act [enacting this chapter], or the application of such
    provision to any person or circumstances, is held unconstitutional,
    invalid, or unenforcible [sic], the remainder of this Act or the
    application of such provision to persons or circumstances other
    than those as to which it is held unconstitutional, invalid, or
    unenforcible [sic], shall not be affected thereby."

-End-



-CITE-
    30 USC Sec. 522                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-
    Sec. 522. Conflicting periods of location of claims

-STATUTE-
      (a) If any mining claim which shall have been located subsequent
    to December 31, 1952, and prior to December 11, 1953, and which
    shall be entitled to the benefits of this chapter, shall cover any
    lands embraced within any mining claim which shall have been
    located prior to January 1, 1953, and which shall be entitled to
    the benefits of this chapter, then as to such area of conflict said
    mining claim so located subsequent to December 31, 1952, shall be
    deemed to have been located December 11, 1953.
      (b) If any mining claim hereafter located shall cover any lands
    embraced within any mining claim which shall have been located
    prior to February 10, 1954, and which shall be entitled to the
    benefits of this chapter, then as to such area of conflict said
    mining claim hereafter located shall be deemed to have been located
    one hundred and twenty-one days after August 13, 1954.

-SOURCE-
    (Aug. 13, 1954, ch. 730, Sec. 2, 68 Stat. 709.)

-End-



-CITE-
    30 USC Sec. 523                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-
    Sec. 523. Uranium leases

-STATUTE-
    (a) Right to locate mining claims
      Subject to the conditions and provisions of this chapter and to
    any valid prior rights acquired under the laws of the United
    States, the owner of any pending uranium lease application or of
    any uranium lease shall have, for a period of one hundred and
    twenty days after August 13, 1954, as limited in subsection (b) of
    this section, the right to locate mining claims upon the lands
    covered by said application or lease.
    (b) Priorities and conflicting rights; termination of rights
      Any rights under any such mining claim so hereafter located
    pursuant to the provisions of subsection (a) of this section shall
    be subject to any rights of the owner of any mining claim which was
    located prior to February 10, 1954, and which was valid on August
    13, 1954 or which may acquire validity under the provisions of this
    chapter. As to any lands covered by a uranium lease and also by a
    pending uranium lease application, the right of mining location
    under this section, as between the owner of said lease and the
    owner of said application, shall be deemed as to such conflict area
    to be vested in the owner of said lease. As to any lands embraced
    in more than one such pending uranium lease application, such right
    of mining location, as between the owners of such conflicting
    applications, shall be deemed to be vested in the owner of the
    prior application. Priority of such an application shall be
    determined by the time of posting on a tract then available for
    such leasing of a notice of lease application in accordance with
    paragraph (c) of the Atomic Energy Commission's Domestic Uranium
    Program Circular 7 (10 C.F.R. 60.7 (c)) provided there shall have
    been timely compliance with the other provisions of said paragraph
    (c) or, if there shall not have been such timely compliance, then
    by the time of the filing of the uranium lease application with the
    Atomic Energy Commission. Any rights under any mining claim located
    under the provisions of this section shall terminate at the
    expiration of thirty days after the filing for record of the notice
    or certificate of location of such mining claim unless, within said
    thirty-day period, the owner of the uranium lease application or
    uranium lease upon which the location of such mining claim was
    predicated shall have filed with the Atomic Energy Commission a
    withdrawal of said application or a release of said lease and shall
    have recorded a notice of the filing of such withdrawal or release
    in the county office wherein such notice or certificate of location
    shall be of record.
    (c) Future claims on lands covered by application or lease
      Except as otherwise provided in subsections (a) and (b) of this
    section, no mining claim hereafter located shall be valid as to any
    lands which at the time of such location were covered by a uranium
    lease application or a uranium lease. Any tract upon which a notice
    of lease application has been posted in accordance with said
    paragraph (c) of said Circular 7 shall be deemed to have been
    included in a uranium lease application from and after the time of
    the posting of such notice of lease application: Provided, That
    there shall have been timely compliance with the other provisions
    of said paragraph (c) or, if there shall not have been such timely
    compliance, then from and after the time of the filing of a uranium
    lease application with the Atomic Energy Commission.

-SOURCE-
    (Aug. 13, 1954, ch. 730, Sec. 3, 68 Stat. 709.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of Title 42, The Public Health and Welfare.
    See, also, Transfer of Functions notes set out under those
    sections.

-End-



-CITE-
    30 USC Sec. 524                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-
    Sec. 524. Reservation of minerals to United States

-STATUTE-
      Every mining claim or millsite - 
        (1) heretofore located under the mining laws of the United
      States which shall be entitled to benefits under sections 521 to
      523 of this title; or
        (2) located under the mining laws of the United States after
      August 13, 1954 shall be subject, prior to issuance of a patent
      therefor, to a reservation to the United States of all Leasing
      Act minerals and of the right (as limited in section 526 of this
      title) of the United States, its lessees, permittees, and
      licensees to enter upon the land covered by such mining claim or
      millsite and to prospect for, drill for, mine, treat, store,
      transport, and remove Leasing Act minerals and to use so much of
      the surface and subsurface of such mining claim or millsite as
      may be necessary for such purposes, and whenever reasonably
      necessary, for the purpose of prospecting for, drilling for,
      mining, treating, storing, transporting, and removing Leasing Act
      minerals on and from other lands; and any patent issued for any
      such mining claim or millsite shall contain such reservation as
      to, but only as to, such lands covered thereby which at the time
      of the issuance of such patent were - 
          (a) included in a permit or lease issued under the mineral
        leasing laws; or
          (b) covered by an application or offer for a permit or lease
        filed under the mineral leasing laws; or
          (c) known to be valuable for minerals subject to disposition
        under the mineral leasing laws.

-SOURCE-
    (Aug. 13, 1954, ch. 730, Sec. 4, 68 Stat. 710.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in text, are
    classified generally to this title.
      For definitions of "Leasing Act minerals" and "mineral leasing
    laws", referred to in par. (2), see section 530 of this title.

-End-



-CITE-
    30 USC Sec. 525                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-
    Sec. 525. Future location of claims on mineral lands

-STATUTE-
      Subject to the conditions and provisions of this chapter, mining
    claims and millsites may hereafter be located under the mining laws
    of the United States on lands of the United States which at the
    time of location are - 
        (a) included in a permit or lease issued under the mineral
      leasing laws; or
        (b) covered by an application or offer for a permit or lease
      filed under the mineral leasing laws; or
        (c) known to be valuable for minerals subject to disposition
      under the mineral leasing laws;

    to the same extent in all respects as if such lands were not so
    included or covered or known.

-SOURCE-
    (Aug. 13, 1954, ch. 730, Sec. 5, 68 Stat. 710.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in text, are
    classified generally to this title.
      For definition of "mineral leasing laws", referred to in cls. (a)
    to (c), see section 530 of this title.

-End-



-CITE-
    30 USC Sec. 526                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-
    Sec. 526. Mining and Leasing Act operations

-STATUTE-
    (a) Multiple use
      Where the same lands are being utilized for mining operations and
    Leasing Act operations, each of such operations shall be conducted,
    so far as reasonably practicable, in a manner compatible with such
    multiple use.
    (b) Mining operations to avoid damage to mineral deposits and
      interference with mineral operations
      Any mining operations pursuant to rights under any unpatented or
    patented mining claim or millsite which shall be subject to a
    reservation to the United States of Leasing Act minerals as
    provided in this chapter, shall be conducted, so far as reasonably
    practicable, in a manner which will avoid damage to any known
    deposit of any Leasing Act mineral. Subject to the provisions of
    subsection (d) of this section, mining operations shall be so
    conducted as not to endanger or materially interfere with any
    existing surface or underground improvements, workings, or
    facilities which may have been made for the purpose of Leasing Act
    operations, or with the utilization of such improvements, workings,
    or facilities.
    (c) Leasing Act operations to avoid damage to mineral deposits and
      interference with mining operations
      Any Leasing Act operations on lands covered by an unpatented or
    patented mining claim or millsite which shall be subject to a
    reservation to the United States of Leasing Act minerals as
    provided in this chapter shall be conducted, so far as reasonably
    practicable, in a manner which will avoid damage to any known
    deposit of any mineral not so reserved from such mining claim or
    millsite. Subject to the provisions of subsection (d) of this
    section, Leasing Act operations shall be so conducted as not to
    endanger or materially interfere with any existing surface or
    underground improvements, workings, or facilities which may have
    been made for the purpose of mining operations, or with the
    utilization of such improvements, workings, or facilities.
    (d) Damage or interference permitted by court
      If, upon petition of either the mining operator or the Leasing
    Act operator, any court of competent jurisdiction shall find that a
    particular use in connection with one of such operations cannot be
    reasonably and properly conducted without endangering or materially
    interfering with the then existing improvements, workings, or
    facilities of the other of such operations or with the utilization
    thereof, and shall find that under the conditions and
    circumstances, as they then appear, the injury or damage which
    would result from denial of such particular use would outweigh the
    injury or damage which would result to such then existing
    improvements, workings, or facilities or from interference with the
    utilization thereof if that particular use were allowed, then and
    in such event such court may permit such use upon payment (or upon
    furnishing of security determined by the court to be adequate to
    secure payment) to the party or parties who would be thus injured
    or damaged, of an amount to be fixed by the court as constituting
    fair compensation for the then reasonably contemplated injury or
    damage which would result to such then existing improvements,
    workings, or facilities or from interference with the utilization
    thereof by reason of the allowance of such particular use.
    (e) Information regarding operations to be furnished on request
      Where the same lands are being utilized for mining operations and
    Leasing Act operations, then upon request of the party conducting
    either of said operations, the party conducting the other of said
    operations shall furnish to and at the expense of such requesting
    party copies of any information which said other party may have, as
    to the situs of any improvements, workings, or facilities
    theretofore made upon such lands, and upon like request, shall
    permit such requesting party, at the risk of such requesting party,
    to have access at reasonable times to any such improvements,
    workings, or facilities for the purpose of surveying and checking
    or determining the situs thereof. If damage to or material
    interference with a party's improvements, workings, facilities, or
    with the utilization thereof shall result from such party's
    failure, after request, to so furnish to the requesting party such
    information or from denial of such access, such failure or denial
    shall relieve the requesting party of any liability for the damage
    or interference resulting by reason of such failure or denial.
    Failure of a party to furnish requested information or access shall
    not impose upon such party any liability to the requesting party
    other than for such costs of court and attorney's fees as may be
    allowed to the requesting party in enforcing by court action the
    obligations of this section as to the furnishing of information and
    access. The obligation hereunder of any party to furnish requested
    information shall be limited to map and survey information then
    available to such party with respect to the situs of improvements,
    workings, and facilities and the furnishing thereof shall not be
    deemed to constitute any representation as to the accuracy of such
    information.

-SOURCE-
    (Aug. 13, 1954, ch. 730, Sec. 6, 68 Stat. 710.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definitions of "Leasing Act operations", referred to in
    subsecs. (a) to (c) and (e); "Leasing Act minerals", referred to in
    subsecs. (b) and (c); and "Leasing Act operator", referred to in
    subsec. (d), see section 530 of this title.

-End-



-CITE-
    30 USC Sec. 527                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-
    Sec. 527. Determination of unpatented mining claims

-STATUTE-
    (a) Filing of notice
      Any applicant, offeror, permittee, or lessee under the mineral
    leasing laws may file in the office of the Secretary of the
    Interior, or in such office as the Secretary may designate, a
    request for publication of notice of such application, offer,
    permit, or lease, provided expressly, that not less than ninety
    days prior to the filing of such request for publication there
    shall have been filed for record in the county office of record for
    the county in which the lands covered thereby are situate a notice
    of the filing of such application or offer or of the issuance of
    such permit or lease which notice shall set forth the date of such
    filing or issuance, the name and address of the applicant, offeror,
    permittee or lessee and the description of the lands covered by
    such application, offer, permit or lease, showing the section or
    sections of the public land surveys which embrace the lands covered
    by such application, offer, permit, or lease, or if such lands are
    unsurveyed, either the section or sections which would probably
    embrace such lands when the public lands surveys are extended to
    such lands or a tie by courses and distances to an approved United
    States mineral monument.
      The filing of such request for publication shall be accompanied
    by a certified copy of such recorded notice and an affidavit or
    affidavits of a person or persons over twenty-one years of age
    setting forth that the affiant or affiants have examined the lands
    involved in a reasonable effort to ascertain whether any person or
    persons were in actual possession of or engaged in the working of
    such lands or any part thereof, and, if no person or persons were
    found to be in actual possession of or engaged in the working of
    said lands or any part thereof on the date of such examination,
    setting forth such fact, or, if any person or persons were so found
    to be in actual possession or engaged in such working on the date
    of such examination, setting forth the name and address of each
    such person, unless affiant shall have been unable through
    reasonable inquiry to obtain information as to the name and address
    of any such person, in which event the affidavit shall set forth
    fully the nature and results of such inquiry.
      The filing of such request for publication shall also be
    accompanied by the certificate of a title or abstract company, or
    of a title abstractor, or of an attorney, based upon such
    company's, abstractor's, or attorney's examination of the
    instruments affecting the lands involved, of record in the public
    records of the county in which said lands are situate as shown by
    the indices of the public records in the county office of record
    for said county, setting forth the name of any person disclosed by
    said instruments to have an interest in said lands under any
    unpatented mining claim heretofore located, together with the
    address of such person if disclosed by such instruments of record.
      Thereupon the Secretary of the Interior, or his designated
    representative, at the expense of the requesting person (who, prior
    to the commencement of publication, must furnish the agreement of
    the publisher to hold such requesting person alone responsible for
    charges of publication), shall cause notice of such application,
    offer, permit, or lease to be published in a newspaper having
    general circulation in the county in which the lands involved are
    situate.
      Such notice shall describe the lands covered by such application,
    offer, permit, or lease, as provided heretofore in the notice to be
    filed in the office of record of the county in which the lands
    covered are situate, and shall notify whomever it may concern that
    if any person claiming or asserting under, or by virtue of, any
    unpatented mining claim heretofore located, any right or interest
    in Leasing Act minerals as to such lands or any part thereof, shall
    fail to file in the office where such request for publication was
    filed (which office shall be specified in such notice) and within
    one hundred fifty days from the date of the first publication of
    such notice (which date shall be specified in such notice), a
    verified statement which shall set forth, as to such unpatented
    mining claim:
        (1) The date of location;
        (2) The book and page of recordation of the notice or
      certificate of location;
        (3) The section or sections of the public land surveys which
      embrace such mining claim; or if such lands are unsurveyed,
      either the section or sections which would probably embrace such
      mining claim when the public land surveys are extended to such
      lands or a tie by courses and distances to an approved United
      States mineral monument;
        (4) Whether such claimant is a locator or purchaser under such
      location; and
        (5) The name and address of such claimant and names and
      addresses so far as known to the claimant of any other person or
      persons claiming any interest or interests in or under such
      unpatented mining claim;

    such failure shall be conclusively deemed (i) to constitute a
    waiver and relinquishment by such mining claimant of any and all
    right, title, and interest under such mining claim as to, but only
    as to, Leasing Act minerals, and (ii) to constitute a consent by
    such mining claimant that such mining claim and any patent issued
    therefor, shall be subject to the reservation specified in section
    524 of this title, and (iii) to preclude thereafter any assertion
    by such mining claimant of any right or title to or interest in any
    Leasing Act mineral by reason of such mining claim.
      If such notice is published in a daily paper, it shall be
    published in the Wednesday issue for nine consecutive weeks, or, if
    in a weekly paper, in nine consecutive issues, or, if in a
    semiweekly or triweekly paper, in the issue of the same day of each
    week for nine consecutive weeks.
      Within fifteen days after the date of first publication of such
    notice, the person requesting such publication (1) shall cause a
    copy of such notice to be personally delivered to or to be mailed
    by registered mail or by certified mail addressed to each person in
    possession or engaged in the working of the land whose name and
    address is shown by an affidavit filed as aforesaid, and to each
    person who may have filed, as to any lands described in said
    notice, a request for notices, as provided in subsection (d) of
    this section, and shall cause a copy of such notice to be mailed by
    registered mail or by certified mail to each person whose name and
    address is set forth in the title or abstract company's or title
    abstractor's or attorney's certificate filed as aforesaid, as
    having an interest in the lands described in said notice under any
    unpatented mining claim heretofore located, such notice to be
    directed to such person's address as set forth in such certificate;
    and (2) shall file in the office where said request for publication
    was filed an affidavit showing that copies have been so delivered
    or mailed.
    (b) Failure to file verified statement
      If any claimant under any unpatented mining claim heretofore
    located which embraces any of the lands described in any notice
    published in accordance with the provisions of subsection (a) of
    this section shall fail to file a verified statement, as above
    provided, within one hundred and fifty days from the date of the
    first publication of such notice, such failure shall be
    conclusively deemed, except as otherwise provided in subsection (e)
    of this section, (i) to constitute a waiver and relinquishment by
    such mining claimant of any and all right, title, and interest
    under such mining claim as to, but only as to, Leasing Act
    minerals, and (ii) to constitute a consent by such mining claimant
    that such mining claim and any patent issued therefor, shall be
    subject to the reservation specified in section 524 of this title,
    and (iii) to preclude thereafter any assertion by such mining
    claimant of any right or title to or interest in any Leasing Act
    mineral by reason of such mining claim.
    (c) Hearings
      If any verified statement shall be filed by a mining claimant as
    provided in subsection (a) of this section, then the Secretary of
    the Interior or his designated representative shall fix a time and
    place for a hearing to determine the validity and effectiveness of
    the mining claimant's asserted right or interest in Leasing Act
    minerals, which place of hearing shall be in the county where the
    lands in question or parts thereof are located, unless the mining
    claimant agrees otherwise. The procedures with respect to notice of
    such a hearing and the conduct thereof, and in respect to appeals
    shall follow the then established general procedures and rules of
    practice of the Department of the Interior in respect to contests
    or protests affecting public lands of the United States. If,
    pursuant to such a hearing the final decision rendered in the
    matter shall affirm the validity and effectiveness of any mining
    claimant's right or interest under the mining claim as to Leasing
    Act minerals, then no subsequent proceedings under this section
    shall have any force or effect upon the so-affirmed right or
    interest of such mining claimant under such mining claim. If at any
    time prior to a hearing the person requesting publication of notice
    and any person filing a verified statement pursuant to such notice
    shall so stipulate, then to the extent so stipulated, but only to
    such extent, no hearing shall be held with respect to rights
    asserted under that verified statement, and to the extent defined
    by the stipulation the rights asserted under that verified
    statement shall be deemed to be unaffected by that particular
    published notice.
    (d) Request for copy of notice
      Any person claiming any right in Leasing Act minerals under or by
    virtue of any unpatented mining claim heretofore located and
    desiring to receive a copy of any notice of any application, offer,
    permit, or lease which may be published as above provided in
    subsection (a) of this section, and which may affect lands embraced
    in such mining claim, may cause to be filed for record in the
    county office of record where the notice or certificate of location
    of such mining claim shall have been recorded, a duly acknowledged
    request for a copy of any such notice. Such request for copies
    shall set forth the name and address of the person requesting
    copies and shall also set forth, as to each mining claim under
    which such person asserts rights in Leasing Act minerals:
        (1) the date of location;
        (2) the book and page of the recordation of the notice or
      certificate of location; and
        (3) the section or sections of the public land surveys which
      embrace such mining claim; or if such lands are unsurveyed,
      either the section or sections which would probably embrace such
      mining claim when the public land surveys are extended to such
      lands or a tie by courses and distances to an approved United
      States mineral monument.

    Other than in respect to the requirements of subsection (a) of this
    section as to personal delivery or mailing of copies of notices and
    in respect to the provisions of subsection (e) of this section, no
    such request for copies of published notices and no statement or
    allegation in such request and no recordation thereof shall affect
    title to any mining claim or to any land or be deemed to constitute
    constructive notice to any person that the person requesting copies
    has, or claims, any right, title, or interest in or under any
    mining claim referred to in such request.
    (e) Failure to deliver or mail copy of notice
      If any applicant, offeror, permittee, or lessee shall fail to
    comply with the requirements of subsection (a) of this section as
    to the personal delivery or mailing of a copy of notice to any
    person, the publication of such notice shall be deemed wholly
    ineffectual as to that person or as to the rights asserted by that
    person and the failure of that person to file a verified statement,
    as provided in such notice, shall in no manner affect, diminish,
    prejudice or bar any rights of that person.

-SOURCE-
    (Aug. 13, 1954, ch. 730, Sec. 7, 68 Stat. 711; Pub. L. 86-507, Sec.
    1(25), June 11, 1960, 74 Stat. 201.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definitions of "mineral leasing laws", referred to in first
    undesignated par. of subsec. (a), and "Leasing Act minerals",
    referred to in fifth undesignated par. of subsec. (a) and subsecs.
    (b) to (d), see section 530 of this title.


-MISC1-
                                AMENDMENTS                            
      1960 - Subsec. (a). Pub. L. 86-507 inserted "or by certified
    mail" after "registered mail" in two places in last paragraph.

-End-



-CITE-
    30 USC Sec. 528                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-
    Sec. 528. Waiver and relinquishment of mineral rights

-STATUTE-
      The owner or owners of any mining claim heretofore located may,
    at any time prior to issuance of patent therefor, waive and
    relinquish all rights thereunder to Leasing Act minerals. The
    execution and acknowledgment of such a waiver and relinquishment by
    such owner or owners and the recordation thereof in the office
    where the notice or certificate of location of such mining claim is
    of record shall render such mining claim thereafter subject to the
    reservation referred to in section 524 of this title and any patent
    issued therefor shall contain such a reservation, but no such
    waiver or relinquishment shall be deemed in any manner to
    constitute any concession as to the date of priority of rights
    under said mining claim or as to the validity thereof.

-SOURCE-
    (Aug. 13, 1954, ch. 730, Sec. 8, 68 Stat. 715.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of "Leasing Act minerals", referred to in text,
    see section 530 of this title.

-End-



-CITE-
    30 USC Sec. 529                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-
    Sec. 529. Helium lands subject to entry

-STATUTE-
      Lands withdrawn from the public domain which are within (a)
    Helium Reserve Numbered 1, pursuant to Executive orders of March
    21, 1924, and January 28, 1926, and (b) Helium Reserve Numbered 2
    pursuant to Executive Order 6184 of June 26, 1933, shall be subject
    to entry and location under the mining laws of the United States,
    and to permit and lease under the mineral leasing laws, upon
    determination by the Secretary of the Interior, based upon
    available geologic and other information, that there is no
    reasonable probability that operations pursuant to entry or
    location of the particular lands under the mining laws, or pursuant
    to a permit or lease of the particular lands under the Mineral
    Leasing Act [30 U.S.C. 181 et seq.], will result in the extraction
    or cause loss or waste of the helium-bearing gas in the lands of
    such reserves: Provided, That the lands shall not become subject to
    entry, location, permit or lease until such time as the Secretary
    designates in an order published in the Federal Register: And
    provided further, That the Secretary may at any time as a condition
    to continued mineral operations require the entryman, locator,
    permittee or lessee to take such measures either above or below the
    surface of the lands as the Secretary deems necessary to prevent
    loss or waste of the helium-bearing gas.

-SOURCE-
    (Aug. 13, 1954, ch. 730, Sec. 9, 68 Stat. 715.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in text, are
    classified generally to this title.
      For definition of "mineral leasing laws", referred to in text,
    see section 530 of this title.
      The Mineral Leasing Act, referred to in text, is act Feb. 25,
    1920, ch. 85, 41 Stat. 437, as amended, which is classified
    generally to chapter 3A (Sec. 181 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 181 of this title and Tables.

-End-



-CITE-
    30 USC Sec. 530                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-
    Sec. 530. Definitions

-STATUTE-
      As used in this chapter "mineral leasing laws" shall mean the Act
    of February 25, 1920 (41 Stat. 437) [30 U.S.C. 181 et seq.]; the
    Act of April 17, 1926 (44 Stat. 301) [30 U.S.C. 271 et seq.]; the
    Act of February 7, 1927 (44 Stat. 1057) [30 U.S.C. 281 et seq.];
    Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.]; and all Acts
    heretofore or hereafter enacted which are amendatory of or
    supplementary to any of the foregoing Acts; "Leasing Act minerals"
    shall mean all minerals which, upon August 13, 1954, are provided
    in the mineral leasing laws to be disposed of thereunder and all
    geothermal steam and associated geothermal resources which, upon
    the effective date of the Geothermal Steam Act of 1970, are
    provided in that Act to be disposed of thereunder; "Leasing Act
    operations" shall mean operations conducted under a lease, permit,
    or license issued under the mineral leasing laws in or incidental
    to prospecting for, drilling for, mining, treating, storing,
    transporting, or removing Leasing Act minerals; "mining operations"
    shall mean operations under any unpatented or patented mining claim
    or millsite in or incidental to prospecting for, mining, treating,
    storing, transporting, or removing minerals other than Leasing Act
    minerals and any other use under any claim of right or title based
    upon such mining claim or millsite; "Leasing Act operator" shall
    mean any party who shall conduct Leasing Act operations; "mining
    operator" shall mean any party who shall conduct mining operations;
    "Atomic Energy Act" shall mean the Act of August 1, 1946 (60 Stat.
    755), as amended [42 U.S.C. 2011 et seq.]; "Atomic Energy
    Commission" shall mean the United States Atomic Energy Commission
    established under the Atomic Energy Act or any amendments thereof;
    "fissionable source material" shall mean uranium, thorium, and all
    other materials referred to in section 5(b)(1) of the Atomic Energy
    Act, as amended, as reserved or to be reserved to the United
    States; "uranium lease application" shall mean an application for a
    uranium lease filed with said Commission with respect to lands
    which would be open for entry under the mining laws except for
    their being lands embraced within an offer, application, permit, or
    lease under the mineral leasing laws or lands known to be valuable
    for minerals leasable under those laws; "uranium lease" shall mean
    a uranium mining lease issued by said Commission with respect to
    any such lands; and "person" shall mean any individual,
    corporation, partnership, or other legal entity.

-SOURCE-
    (Aug. 13, 1954, ch. 730, Sec. 11, 68 Stat. 716; Pub. L. 91-581,
    Sec. 26, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109-58, title II,
    Sec. 236(24), Aug. 8, 2005, 119 Stat. 673.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of February 25, 1920, referred to in text, is act Feb. 25,
    1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral
    Leasing Act, which is classified generally to chapter 3A (Sec. 181
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 181 of this
    title and Tables.
      Act of April 17, 1926, referred to in text, is act Apr. 17, 1926,
    ch. 158, 44 Stat. 301, as amended, which is classified generally to
    subchapter VIII (Sec. 271 et seq.) of chapter 3A of this title. For
    complete classification of this Act to the Code, see Tables.
      Act of February 7, 1927, referred to in text, is act Feb. 7,
    1927, ch. 66, 44 Stat. 1057, as amended, which enacted subchapter
    IX (Sec. 281 et seq.) of chapter 3A of this title, amended sections
    181 and 193 of this title, and repealed subchapter VII (Sec. 141 et
    seq.) of chapter 3 of this title. For complete classification of
    this Act to the Code, see Tables.
      The Geothermal Steam Act of 1970, referred to in text, is Pub. L.
    91-581, Dec. 24, 1970, 84 Stat. 1566, which is classified
    principally to chapter 23 (Sec. 1001 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1001 of this title and Tables.
      The effective date of the Geothermal Steam Act of 1970, referred
    to in text, probably means the date of enactment of Pub. L. 91-581,
    which was approved Dec. 24, 1970.
      The Atomic Energy Act, referred to in text, is a reference to the
    Atomic Energy Act of 1946 (act Aug. 1, 1946, ch. 724, 60 Stat.
    755), prior to its complete amendment and revision by act Aug. 30,
    1954, ch. 1073, 68 Stat. 919, which is classified principally to
    chapter 23 (Sec. 2011 et seq.) of Title 42, The Public Health and
    Welfare. For further details, see Codification note set out under
    sections 1801 to 1819 of Title 42 and Short Title note set out
    under section 2011 of Title 42. For complete classification of this
    Act to the Code, see Tables.
      Section 5(b)(1) of the Atomic Energy Act, as amended, referred to
    in text, was formerly classified to section 1805(b)(1) of Title 42
    and defined "source material". The term is defined in section 11(z)
    of the Atomic Energy Act of 1954, as amended, which is classified
    to section 2014(z) of Title 42.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 amended directory language of Pub. L. 91-
    581, Sec. 26. See 1970 Amendment note below.
      1970 - Pub. L. 91-581, Sec. 26, as amended by Pub. L. 109-58,
    redefined "mineral leasing laws" to exclude "the Act of October 20,
    1914" and to include "Geothermal Steam Act of 1970" and "Leasing
    Act minerals" to include "all geothermal steam and associated
    geothermal resources which, upon the effective date of the
    Geothermal Steam Act of 1970, are provided in that Act to be
    disposed of thereunder".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of Title 42, The Public Health and Welfare.
    See, also, Transfer of Functions notes set out under those
    sections.

-End-



-CITE-
    30 USC Sec. 531                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12 - MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS

-HEAD-
    Sec. 531. Approval of United States officials

-STATUTE-
      Nothing in this chapter shall be construed to waive, amend, or
    repeal the requirement of any provision of any law for approval of
    any official of the United States whose approval prior to
    prospecting, exploring, or mining would be required.

-SOURCE-
    (Aug. 13, 1954, ch. 730, Sec. 12, 68 Stat. 717.)

-End-


-CITE-
    30 USC CHAPTER 12A - ENTRY AND LOCATION ON COAL LANDS ON
           DISCOVERY OF SOURCE MATERIAL                    01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12A - ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF
                   SOURCE MATERIAL               

-HEAD-
      CHAPTER 12A - ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF
                              SOURCE MATERIAL

-MISC1-
    Sec.                                                     
    541.        Entry and location; filing of copy of notice of mining
                 location; report and payment for lignite mined;
                 mineral patents; reservation of minerals to United
                 States.                                              
    541a.       Claims located prior to May 25, 1955; extralateral
                 rights; amended notice of mining location.           
    541b.       Mining, removal, and disposal of lignite.             
    541c.       Lands where coal deposits have been reserved to the
                 United States.                                       
    541d.       Location of source materials by holders of coal
                 leases.                                              
    541e.       Definitions.                                          
    541f.       Disbursement of moneys.                               
    541g.       Rules and regulations.                                
    541h.       Savings provisions.                                   
    541i.       Withdrawal of lands from entry; expiration of claims. 

-End-



-CITE-
    30 USC Sec. 541                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12A - ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF
                   SOURCE MATERIAL               

-HEAD-
    Sec. 541. Entry and location; filing of copy of notice of mining
      location; report and payment for lignite mined; mineral patents;
      reservation of minerals to United States

-STATUTE-
      Subject to the conditions and provisions of this chapter and to
    any valid intervening rights acquired under the laws of the United
    States, public lands of the United States classified as or known to
    be valuable for coal subject to disposition under the mineral
    leasing laws and which are open to location and entry subject to
    the conditions and provisions of chapter 12 of this title, unless
    embraced within a coal prospecting permit or lease, shall also be
    open to location and entry under the mining laws of the United
    States upon the discovery of a valuable source material occurring
    within any seam, bed, or deposit of lignite in such lands:
    Provided, That a copy of the notice of any mining location made for
    source material occurring in any such bed, seam, or deposit, shall
    be filed for record in the land office of the Bureau of Land
    Management for the State in which the claim is situated within
    ninety days after the date of its location: Provided further, That
    the claimant to any such mining location shall report annually to
    the Mining Supervisor of the Geological Survey the amount of
    lignite mined or stripped in the recovery of such valuable source
    material during each calendar year and tender payment to him of 10
    cents per ton thereon. Any mineral patents issued hereunder shall
    be made subject to the recording and payment requirements of this
    section and shall contain a reservation to the United States of all
    Leasing Act minerals owned by the United States other than lignite
    containing valuable source material and lignite necessary to be
    stripped or mined in the recovery of such material. Mining claims
    located and mineral patents issued under the provisions of this
    chapter shall not include rights to lignite not containing valuable
    source material except to the extent it may be necessary to mine or
    strip such lignite in order to mine the source material and, with
    respect to lode claims, shall not include extralateral rights. For
    all purposes of this chapter "source material" and "lignite" shall
    have the meanings given in section 541e of this title.

-SOURCE-
    (Aug. 11, 1955, ch. 795, Sec. 1, 69 Stat. 679.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in text, are
    classified generally to this title.
      For definitions of "mineral leasing laws" and "Leasing Act
    minerals", referred to in text, see section 541e of this title.

-End-



-CITE-
    30 USC Sec. 541a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12A - ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF
                   SOURCE MATERIAL               

-HEAD-
    Sec. 541a. Claims located prior to May 25, 1955; extralateral
      rights; amended notice of mining location

-STATUTE-
      Any mining claim located in a manner prescribed by the mining
    laws of the United States upon lands of the character described in
    section 541 of this title, prior to May 25, 1955, if based upon a
    discovery of valuable source material contained in lignite shall be
    effective to the same extent as if such lands at the time of
    location, and at all times thereafter, had not been classified as
    or known to be valuable for coal subject to disposition under the
    mineral leasing laws, subject, however, to the provisions of
    section 541 of this title: Provided, That no extralateral rights
    shall attach to any mining location validated under this section:
    And provided further, That the locator or locators of such a mining
    claim shall, not later than one hundred and eighty days from and
    after August 11, 1955, post on the claim and file for record in the
    office where the notice or certificate of location is of record, an
    amended notice of the mining location stating that such amended
    notice is filed pursuant to the provisions of this chapter and for
    the purpose of obtaining the benefits thereof; and that a copy of
    said amended notice is, within the said one-hundred-and-eighty-day
    period, filed in the land office of the Bureau of Land Management
    for the State in which the mining location is situated, and the
    mining locator thereafter complies with the requirements of this
    chapter.

-SOURCE-
    (Aug. 11, 1955, ch. 795, Sec. 2, 69 Stat. 679.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in text, are
    classified generally to this title.
      For definition of "mineral leasing laws", referred to in text,
    see section 541e of this title.


-MISC1-
               EXTENSION OF TIME FOR ANNUAL ASSESSMENT WORK           
      Act June 29, 1956, ch. 478, 70 Stat. 438, as amended by Pub. L.
    85-68, June 29, 1957, 71 Stat. 226, provided for extension of time
    for period commencing July 1, 1955, to 12 o'clock noon July 1,
    1958, during which labor must be performed, or improvements made
    pursuant to section 28 of this title, or any unpatented mining
    claim validated under this section and for extension of time for
    period commencing July 1, 1956, to 12 o'clock noon July 1, 1958,
    during which labor must be performed, or improvements made pursuant
    to section 28 of this title, on any other unpatented mining claim
    subject to this chapter.

-End-



-CITE-
    30 USC Sec. 541b                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12A - ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF
                   SOURCE MATERIAL               

-HEAD-
    Sec. 541b. Mining, removal, and disposal of lignite

-STATUTE-
      Subject to the provisos of section 541a of this title, any mining
    location made under the mining laws of the United States, including
    chapter 12 of this title, on lands of the character described in
    section 541 of this title, except locations made for lands within
    the exterior boundaries of a prior coal prospecting permit or
    lease, if based upon a discovery of valuable source material in
    deposits other than deposits of Leasing Act minerals, shall include
    the right to mine, remove, and dispose of lignite containing
    valuable source material and lignite necessary to be stripped or
    mined in the recovery of source material contained in lignite,
    subject to the reporting and payment requirements of section 541 of
    this title, and subject to the provisions of the Atomic Energy Act
    of 1954 [42 U.S.C. 2011 et. seq.], and upon filing in the land
    office designated in section 541 of this title, an adequate
    description of his claim or claims containing such lignite:
    Provided, That nothing in this section shall be construed to limit
    or restrict the rights acquired by virtue of a mining claim
    heretofore or hereafter located, under the 1872 Mining Act, as
    amended, or to impose any additional obligation with respect to the
    mining and removal of source material which does not occur within
    any seam, bed, or deposit of lignite.

-SOURCE-
    (Aug. 11, 1955, ch. 795, Sec. 3, 69 Stat. 680.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in text, are
    classified generally to this title.
      For definition of "Leasing Act minerals", referred to in text,
    see section 541e of this title.
      The Atomic Energy Act of 1954, referred to in text, is act Aug.
    1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1,
    68 Stat. 921, and amended, which is classified generally to chapter
    23 (Sec. 2011 et seq.) of Title 42, The Public Health and Welfare.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2011 of Title 42 and Tables.
      The 1872 Mining Act, as amended, referred to in text, is act May
    10, 1872, ch. 152, 17 Stat. 91, as amended. That act was
    incorporated into the Revised Statutes as R.S. Secs. 2319 to 2328,
    2331, 2333 to 2337, and 2344, which are classified to sections 22
    to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this
    title. For complete classification of R.S. Secs. 2319 to 2328,
    2331, 2333 to 2337, and 2344 to the Code, see Tables.

-End-



-CITE-
    30 USC Sec. 541c                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12A - ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF
                   SOURCE MATERIAL               

-HEAD-
    Sec. 541c. Lands where coal deposits have been reserved to the
      United States

-STATUTE-
      The entryman or owner of any land or the assignee of rights
    therein, including lands granted to States, with respect to which
    the coal deposits have been reserved to the United States pursuant
    to the provisions of section 81 of this title or sections 83 to 85
    of this title, excepting lands embraced within a coal prospecting
    permit or lease, upon the discovery of valuable source material in
    lignite situated within such entered, granted, or patented lands,
    who, except for the reservation of coal to the United States would
    have the right to mine and remove such source material, shall have
    the exclusive right to mine, remove, and dispose of lignite
    containing such source material and lignite necessary to be
    stripped or mined in the recovery of such material, subject to the
    reporting and payment requirements of section 541 of this title,
    and subject to the provisions of the Atomic Energy Act of 1954 [42
    U.S.C. 2011 et seq.], upon filing in the land office designated in
    section 541 of this title, an adequate description sufficient to
    identify the land containing such lignite.

-SOURCE-
    (Aug. 11, 1955, ch. 795, Sec. 4, 69 Stat. 680.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Atomic Energy Act of 1954, referred to in text, is act Aug.
    1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1,
    68 Stat. 921, and amended, which is classified generally to chapter
    23 (Sec. 2011 et seq.) of Title 42, The Public Health and Welfare.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2011 of Title 42 and Tables.

-End-



-CITE-
    30 USC Sec. 541d                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12A - ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF
                   SOURCE MATERIAL               

-HEAD-
    Sec. 541d. Location of source materials by holders of coal leases

-STATUTE-
      The holders of coal leases issued under the provision of the
    mineral leasing laws, including chapter 7 of this title, prior to
    August 11, 1955, or thereafter if based upon a prospecting permit
    issued prior to that date, upon the discovery during the term of
    such lease of valuable source material in any bed or deposit of
    lignite situated within the leased lands, shall have the exclusive
    right to locate such source material under the provisions of this
    chapter but the mining and disposal of such source material shall
    be subject to the operating provisions of the lease and to the
    provisions of the Atomic Energy Act of 1954 [42 U.S.C. 2011 et
    seq.]: Provided, That the provisions of this section shall not
    apply to coal prospecting, permits or leases on lands embraced
    within entered, granted or patented lands described in section 541c
    of this title.

-SOURCE-
    (Aug. 11, 1955, ch. 795, Sec. 5, 69 Stat. 680.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of "mineral leasing laws", referred to in text,
    see section 541e of this title.
      The Atomic Energy Act of 1954, referred to in text, is act Aug.
    1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1,
    68 Stat. 921, and amended, which is classified generally to chapter
    23 (Sec. 2011 et seq.) of Title 42, The Public Health and Welfare.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2011 of Title 42 and Tables.

-End-



-CITE-
    30 USC Sec. 541e                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12A - ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF
                   SOURCE MATERIAL               

-HEAD-
    Sec. 541e. Definitions

-STATUTE-
      As used in this chapter "mineral leasing laws" shall mean the Act
    of October 20, 1914 (38 Stat. 741); the Act of February 25, 1920
    (41 Stat. 437) [30 U.S.C. 181 et seq.]; the Act of April 17, 1926
    (44 Stat. 301) [30 U.S.C. 271 et seq.]; the Act of February 7, 1927
    (44 Stat. 1057) [30 U.S.C. 281 et seq.]; and all Acts heretofore or
    hereafter enacted which are amendatory of or supplementary to any
    of the foregoing Acts; "Leasing Act minerals" shall mean all
    minerals which, upon August 11, 1955, are provided in the mineral
    leasing laws to be disposed of thereunder; "lignite" shall mean
    coal classified as ASTM designation: D 388-38, according to the
    standards established in the American Society for Testing Materials
    on Coal and Coke under standard specifications for Classification
    of Coals by Rank, contained in public-land deposits considered as
    valuable under the coal-land classification standards established
    by the Secretary of the Interior and prescribed in section 30, Code
    of Federal Regulations, part 201; and "source material" shall mean
    uranium, thorium, or any other material which is determined by the
    Atomic Energy Commission pursuant to the provisions of section 2091
    of title 42 to be source material.

-SOURCE-
    (Aug. 11, 1955, ch. 795, Sec. 6, 69 Stat. 680.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of October 20, 1914, referred to in text, is act Oct. 20,
    1914, ch. 330, 38 Stat. 741, known as the Alaska Coal Lands Act,
    which was repealed by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73
    Stat. 490. The subject matter of this Act is generally covered by
    subchapters I to VII (Sec. 181 et seq.) of chapter 3A of this
    title. For complete classification of this Act to the Code prior to
    repeal, see Tables.
      Act of February 25, 1920, referred to in text, is act Feb. 25,
    1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral
    Leasing Act, which is classified generally to chapter 3A (Sec. 181
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 181 of this
    title and Tables.
      Act of April 17, 1926, referred to in text, is act Apr. 17, 1926,
    ch. 158, 44 Stat. 301, as amended, which is classified generally to
    subchapter VIII (Sec. 271 et seq.) of chapter 3A of this title. For
    complete classification of this Act to the Code, see Tables.
      Act of February 7, 1927, referred to in text, is act Feb. 7,
    1927, ch. 66, 44 Stat. 1057, as amended, which enacted subchapter
    IX (Sec. 281 et seq.) of chapter 3A of this title, amended sections
    181 and 193 of this title, and repealed subchapter VII (Sec. 141 et
    seq.) of chapter 3 of this title. For complete classification of
    this Act to the Code, see Tables.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of Title 42, The Public Health and Welfare.
    See, also, Transfer of Functions notes set out under those
    sections.

-End-



-CITE-
    30 USC Sec. 541f                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12A - ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF
                   SOURCE MATERIAL               

-HEAD-
    Sec. 541f. Disbursement of moneys

-STATUTE-
      All moneys received under the provisions of this chapter shall be
    paid into the Treasury of the United States and distributed in the
    same manner as provided in section 191 of this title and sections
    437, 438, and 439 (!1) of title 48.


-SOURCE-
    (Aug. 11, 1955, ch. 795, Sec. 7, 69 Stat. 681.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 437, 438, and 439 of title 48, referred to in text, were
    repealed by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73 Stat. 490.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 541g                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12A - ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF
                   SOURCE MATERIAL               

-HEAD-
    Sec. 541g. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to issue such rules
    and regulations as may be necessary or appropriate to effectuate
    the purposes of this chapter.

-SOURCE-
    (Aug. 11, 1955, ch. 795, Sec. 8, 69 Stat. 681.)

-End-



-CITE-
    30 USC Sec. 541h                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12A - ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF
                   SOURCE MATERIAL               

-HEAD-
    Sec. 541h. Savings provision

-STATUTE-
      Nothing in this chapter shall be deemed to amend or repeal any
    provisions of chapter 12 of this title, or any right granted
    thereunder.

-SOURCE-
    (Aug. 11, 1955, ch. 795, Sec. 9, 69 Stat. 681.)

-End-



-CITE-
    30 USC Sec. 541i                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 12A - ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF
                   SOURCE MATERIAL               

-HEAD-
    Sec. 541i. Withdrawal of lands from entry; expiration of claims

-STATUTE-
      Twenty years after August 11, 1955, all lands subject to the
    provisions of section 541 of this title shall be withdrawn from all
    forms of entry under this chapter. All claims made pursuant to the
    provisions of this chapter shall expire at that time, except for
    (1) claims for which patent has already been issued, and (2) claims
    on which application for patent has already been made and on which
    patent is subsequently issued: Provided, That, if the President
    shall so provide by Executive order, the provisions of this section
    shall not become effective until thirty years after August 11,
    1955.

-SOURCE-
    (Aug. 11, 1955, ch. 795, Sec. 10, 69 Stat. 681.)

-End-


-CITE-
    30 USC CHAPTER 13 - CONTROL OF COAL-MINE FIRES              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-HEAD-
                  CHAPTER 13 - CONTROL OF COAL-MINE FIRES              

-MISC1-
    Sec.                                                     
    551.        Declaration of policy.                                
    552.        Definitions.                                          
    553.        Duties of Secretary; surveys, research, etc.;
                 projects.                                            
    554.        Lands subject to chapter.                             
    555.        Conditions precedent for aid to non-Federal lands.    
    556.        Administration.                                       
    557.        Rules and regulations.                                
    558.        Authorization of appropriations.                      

-End-



-CITE-
    30 USC Sec. 551                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-HEAD-
    Sec. 551. Declaration of policy

-STATUTE-
      It is recognized that outcrop and underground fires in coal
    formations involve serious wastage of the fuel resources of the
    Nation, and constitute a menace to the health and safety of the
    public and to surface property. It is therefore declared to be the
    policy of the Congress to provide for the control and
    extinguishment of outcrop and underground coal fires and thereby to
    prevent injuries and loss of life, protect public health, conserve
    natural resources, and to preserve public and private surface
    property.

-SOURCE-
    (Aug. 31, 1954, ch. 1156, Sec. 1, 68 Stat. 1009.)


-MISC1-
                              COAL FORMATIONS                          
      Pub. L. 102-486, title XXV, Sec. 2504(d)(1), (2), Oct. 24, 1992,
    106 Stat. 3105, 3106, provided that:
      "(1) In furtherance of the purposes of the Act of August 31, 1954
    (30 U.S.C. 551-558) the Secretary of the Interior, acting through
    the Director of the Office of Surface Mining Reclamation and
    Enforcement, shall, upon application by a State, enter into a
    cooperative agreement with any such State that has an approved
    abandoned mine reclamation program pursuant to section 405 of the
    Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1235]
    to undertake the activities referred to in section 3(b) of the Act
    of August 31, 1954 (30 U.S.C. 553(b)). The Secretary shall
    immediately enter into such cooperative agreement upon application
    by a State. Any such cooperative agreement shall not be subject to
    review or approval by the Appalachian Regional Development
    Commission.
      "(2) For the purposes of the cooperative agreements entered into
    pursuant to paragraph (1), the requirements of section 5 of the Act
    of August 31, 1954 (30 U.S.C. 555) are hereby waived."

-End-



-CITE-
    30 USC Sec. 552                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-HEAD-
    Sec. 552. Definitions

-STATUTE-
      As used in this chapter:
      "Coal" means any of the recognized classifications and ranks of
    coal, including anthracite, bituminous, semibituminous,
    subbituminous, and lignite.
      "Outcrop" means any place where a formation is visible or
    substantially exposed at the surface.
      "Formation" means any vein, seam, stratum, bed, or other
    naturally occurring deposit.
      "Coal mine" means any underground, surface, or strip mine from
    which coal is obtained.
      "State" means any State or Territory of the United States, or any
    political subdivision thereof.
      "Person" means an individual, partnership, association,
    corporation, business trust, legal representative, or any organized
    group of persons.

-SOURCE-
    (Aug. 31, 1954, ch. 1156, Sec. 2, 68 Stat. 1009.)

-End-



-CITE-
    30 USC Sec. 553                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-HEAD-
    Sec. 553. Duties of Secretary; surveys, research, etc.; projects

-STATUTE-
      The Secretary of the Interior, in order to effectuate the policy
    declared in section 551 of this title, is hereby authorized - 
        (a) to conduct surveys, investigations, and research relating
      to the causes and extent of outcrop and underground fires in coal
      formations and the methods for control or extinguishment of such
      fires; to publish the results of any such surveys,
      investigations, and researches; and to disseminate information
      concerning such method; and
        (b) to plan and execute projects for control or extinguishment
      of fires in coal formations.

-SOURCE-
    (Aug. 31, 1954, ch. 1156, Sec. 3, 68 Stat. 1009.)

-End-



-CITE-
    30 USC Sec. 554                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-HEAD-
    Sec. 554. Lands subject to chapter

-STATUTE-
      The acts authorized in section 553 of this title may be performed
    - 
        (a) on lands owned or controlled by the United States or any of
      its agencies, with the cooperation of the agency having
      jurisdiction thereof; and
        (b) on any other lands, upon obtaining proper consent or the
      necessary rights or interests in such lands: Provided, however,
      That expenditure of Federal funds for this purpose in any
      privately owned operating coal mine shall be limited to the acts
      authorized in section 553(a) of this title.

-SOURCE-
    (Aug. 31, 1954, ch. 1156, Sec. 4, 68 Stat. 1009.)

-End-



-CITE-
    30 USC Sec. 555                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-HEAD-
    Sec. 555. Conditions precedent for aid to non-Federal lands

-STATUTE-
    (a) Enactment of local laws; agreements
      As a condition to the extending of any benefits under section
    553(b) of this title to any lands not owned or controlled by the
    United States or any of its agencies, except where such action is
    necessary for the protection of lands or other property owned or
    controlled by the United States or any of its agencies, the
    Secretary of the Interior may require - 
        (1) the enactment of State or local laws providing for the
      control and extinguishment of outcrop and underground fires in
      coal formations on State or privately owned land and the
      cooperation of State or local authorities in the work; and
        (2) agreements or covenants as to the performance and
      maintenance of the work required to control or extinguish such
      fires.
    (b) Contributions
      The Secretary of the Interior shall require in connection with
    any project for the control or extinguishment of fires in any
    inactive coal mine on any lands not owned or controlled by the
    United States or any of its agencies, except where such project is
    necessary for the protection of lands or other property owned or
    controlled by the United States or any of its agencies, (1) that
    the State or person owning or controlling such lands contribute on
    a matching basis 50 per centum of the cost of planning and
    executing such project, or (2), if such State or person furnishes
    evidence satisfactory to the Secretary of the Interior of an
    inability to make the matching contribution herein provided for,
    that such State or person pay to the Government, within such period
    of time as the Secretary of the Interior shall determine, an amount
    equal to 50 per centum of the cost of planning and executing such
    project. At least 75 per centum of the funds expended in any fiscal
    year, from any appropriation available to carry out the purposes of
    this chapter, in connection with projects for the control or
    extinguishment of fires in inactive coal mines where such action is
    not necessary for the protection of lands or other property owned
    or controlled by the United States or any of its agencies, shall be
    expended in conformity with clause (1) of this subsection.

-SOURCE-
    (Aug. 31, 1954, ch. 1156, Sec. 5, 68 Stat. 1010.)

-End-



-CITE-
    30 USC Sec. 556                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-HEAD-
    Sec. 556. Administration

-STATUTE-
      In carrying out the provisions of section 553 of this title the
    Secretary of the Interior is authorized - 
      (a) Employment of personnel
        to secure, by contract or otherwise, and without regard to the
      civil service laws and chapter 51 and subchapter III of chapter
      53 of title 5, for work of a temporary, intermittent, or
      emergency character, such personal services as may be deemed
      necessary for the efficient and economical performance of the
      work;
      (b) Employment of equipment
        to hire, with or without personal services, work animals and
      animal-drawn and motor-propelled vehicles and equipment, at rates
      to be approved by the Secretary of the Interior and without
      regard to the provisions of section 5 of title 41;
      (c) Contractual authority
        to procure all or any part of the surveys, investigations, and
      control or extinguishment work by contracts with engineers,
      contractors, or firms or corporations thereof;
      (d) Acquisition of lands, etc.
        to acquire lands or rights and interests therein, including
      improvements, by purchase, lease, gift, exchange, condemnation,
      or otherwise, whenever necessary for the purposes of this
      chapter;
      (e) Property restoration
        to repair, restore, or replace private property damaged or
      destroyed as a result of, or incident to, operations under this
      chapter; and
      (f) Contributions; cooperation with other agencies; disposition
        of moneys
        to receive and accept money and property, real or personal, or
      interests therein, as a gift, bequest, or contribution, for use
      in any of the activities authorized under this chapter; and to
      conduct any of the activities authorized under this chapter in
      cooperation with any person or agency, Federal, State, or
      private. Any money so received shall be deposited in the Treasury
      of the United States in an available trust fund to be disbursed
      by the Secretary of the Treasury upon certification by the
      Secretary of the Interior in accordance with the terms of the
      grant, and shall remain available until expended for the purposes
      for which received and accepted.

-SOURCE-
    (Aug. 31, 1954, ch. 1156, Sec. 6, 68 Stat. 1010.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in subsec. (a), are set forth
    in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.

-COD-
                               CODIFICATION                           
      In subsec. (a), "chapter 51 and subchapter III of chapter 53 of
    title 5" substituted for "the Classification Act of 1949, as
    amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,
    80 Stat. 631, the first section of which enacted Title 5,
    Government Organization and Employees.

-End-



-CITE-
    30 USC Sec. 557                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-HEAD-
    Sec. 557. Rules and regulations

-STATUTE-
      The Secretary of the Interior may issue rules and regulations to
    effectuate the purposes of this chapter.

-SOURCE-
    (Aug. 31, 1954, ch. 1156, Sec. 7, 68 Stat. 1011.)

-End-



-CITE-
    30 USC Sec. 558                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 13 - CONTROL OF COAL-MINE FIRES

-HEAD-
    Sec. 558. Authorization of appropriations

-STATUTE-
      There are hereby authorized to be appropriated such sums,(!1) as
    may be necessary to carry out the provisions and purposes of this
    chapter.


-SOURCE-
    (Aug. 31, 1954, ch. 1156, Sec. 8, 68 Stat. 1011; Pub. L. 102-486,
    title XXV, Sec. 2504(d)(3), Oct. 24, 1992, 106 Stat. 3106.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-486 struck out "not to exceed $500,000
    annually," after "such sums,".

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-


-CITE-
    30 USC CHAPTER 14 - ANTHRACITE MINE DRAINAGE AND FLOOD
           CONTROL                                         01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 14 - ANTHRACITE MINE DRAINAGE AND FLOOD CONTROL

-HEAD-
          CHAPTER 14 - ANTHRACITE MINE DRAINAGE AND FLOOD CONTROL      

-MISC1-
    Sec.                                                     
    571.        Declaration of policy.                                
    572.        United States contributions to Pennsylvania:
                 authority, conditions, limitations.                  
    573.        Statement by Commonwealth for Secretary.              
    574.        Hearings; withholding payments.                       
    575.        Repealed.                                             
    576.        Authorization of appropriations.                      

-End-



-CITE-
    30 USC Sec. 571                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 14 - ANTHRACITE MINE DRAINAGE AND FLOOD CONTROL

-HEAD-
    Sec. 571. Declaration of policy

-STATUTE-
      It is hereby recognized that the presence of large volumes of
    water in anthracite coal formations involves serious wastage of the
    fuel resources of the Nation, and constitutes a menace to health
    and safety and national security. It is therefore declared to be
    the policy of the Congress to provide for the control and drainage
    of water in the anthracite coal formations and thereby conserve
    natural resources, promote national security, prevent injuries and
    loss of life, and preserve public and private property, and to seal
    abandoned coal mines and to fill voids in abandoned coal mines, in
    those instances where such work is in the interest of the public
    health or safety.

-SOURCE-
    (July 15, 1955, ch. 369, Sec. 1, 69 Stat. 352; Pub. L. 87-818, Sec.
    1(1), Oct. 15, 1962, 76 Stat. 934.)


-MISC1-
                                AMENDMENTS                            
      1962 - Pub. L. 87-818 declared it to be the policy of the
    Congress "to seal abandoned coal mines and to fill voids in
    abandoned coal mines, in those instances where such work is in the
    interest of the public health or safety".

-End-



-CITE-
    30 USC Sec. 572                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 14 - ANTHRACITE MINE DRAINAGE AND FLOOD CONTROL

-HEAD-
    Sec. 572. United States contributions to Pennsylvania: authority,
      conditions, limitations

-STATUTE-
      The Secretary of the Interior is authorized, in order to carry
    out the purposes mentioned in section 571 of this title, to make
    financial contributions on the basis of programs or projects
    approved by the Secretary to the Commonwealth of Pennsylvania
    (hereinafter designated as the "Commonwealth") to seal abandoned
    coal mines and to fill voids in abandoned coal mines, in those
    instances where such work is in the interest of the public health
    or safety, and for control and drainage of water which, if not so
    controlled or drained, will cause the flooding of anthracite coal
    formations, said contributions to be applied to the cost of
    drainage works, pumping plants, and related facilities but subject,
    however, to the following conditions and limitations:
    (a) Contributions to be matched by Commonwealth
      The amounts authorized to be contributed by the Secretary of the
    Interior to the Commonwealth shall be equally matched by the
    Commonwealth;
    (b) Amount of contributions authorized
      The total amount of contributions by the Secretary of the
    Interior under the authority of this chapter shall not exceed
    $8,500,000, of which $1,500,000 of the unexpended balance remaining
    as of July 31, 1962, shall be reserved for the control and drainage
    of water;
    (c) Limitation on use of contribution
      The amounts contributed by the Secretary of the Interior under
    the authority of this chapter and the equally matched amounts
    contributed by the Commonwealth shall not be used for operating and
    maintaining projects constructed pursuant to this chapter or for
    the purchase of culm, rock, or spoil banks;
    (d) Commonwealth responsible for installation and operation of
      projects
      The Commonwealth shall have full responsibility for installing,
    operating, and maintaining projects constructed pursuant to this
    chapter, and shall give evidence, satisfactory to the Secretary of
    the Interior, that it will enforce effective installation,
    operation, and maintenance safeguards;
    (e) Location and operation of projects
      Projects constructed pursuant to this chapter shall be so
    located, operated, and maintained as to provide the maximum
    conservation of anthracite coal resources or, in those instances
    where such work would be in the interest of the public health or
    safety, to seal abandoned coal mines and to fill voids in abandoned
    coal mines, and, where possible, to avoid creating inequities among
    those mines which may be affected by the waters to be controlled
    thereby; and
    (f) Economic justification for abandoned coal mine projects
      Projects for the sealing of abandoned coal mines or the filling
    of voids in abandoned coal mines shall be determined by the
    Secretary of the Interior to be economically justified. The
    Secretary shall not find any project to be economically justified
    unless the potential benefits are estimated by him to exceed the
    estimated cost of the project.

-SOURCE-
    (July 15, 1955, ch. 369, Sec. 2, 69 Stat. 353; Pub. L. 87-818, Sec.
    1(2)-(7), Oct. 15, 1962, 76 Stat. 934.)


-MISC1-
                                AMENDMENTS                            
      1962 - Pub. L. 87-818, Sec. 1(2), authorized the Secretary of the
    Interior, in the preamble clause, to seal abandoned coal mines and
    to fill voids in abandoned coal mines, in those instances where
    such work is in the interest of the public health or safety.
      Subsec. (b). Pub. L. 87-818, Sec. 1(3), reserved $1,500,000 of
    the unexpended balance remaining as of July 31, 1962, for the
    control and drainage of water.
      Subsec. (c). Pub. L. 87-818, Sec. 1(4), prohibited the use of
    contributions for the purchase of culm, rock, or spoil banks.
      Subsec. (d). Pub. L. 87-818, Sec. 1(5), struck out "and" after
    the semicolon.
      Subsec. (e). Pub. L. 87-818, Sec. 1(6), prescribed that projects
    be so located, operated, and maintained as to seal abandoned coal
    mines and to fill voids in abandoned coal mines in those instances
    where such work would be in the interest of the public health or
    safety.
      Subsec. (f). Pub. L. 87-818, Sec. 1(7), added subsec. (f).

-End-



-CITE-
    30 USC Sec. 573                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 14 - ANTHRACITE MINE DRAINAGE AND FLOOD CONTROL

-HEAD-
    Sec. 573. Statement by Commonwealth for Secretary

-STATUTE-
      The Commonwealth shall furnish to the Secretary of the Interior a
    statement with respect to the project showing work done, the status
    of the project, expenditures and amounts obligated, at such times
    and in such detail as the Secretary of the Interior shall require
    for the purposes of this chapter.

-SOURCE-
    (July 15, 1955, ch. 369, Sec. 3, 69 Stat. 353.)

-End-



-CITE-
    30 USC Sec. 574                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 14 - ANTHRACITE MINE DRAINAGE AND FLOOD CONTROL

-HEAD-
    Sec. 574. Hearings; withholding payments

-STATUTE-
      Whenever the Secretary of the Interior, after reasonable notice
    and opportunity for hearing, finds that there is a failure to
    expend funds in accordance with the terms and conditions governing
    the Federal contribution for such approved projects, he shall
    notify the Commonwealth that further payments will not be made to
    the Commonwealth from appropriations under this chapter until he is
    satisfied that there will no longer be any such failure. Until he
    is so satisfied the Secretary of the Interior shall withhold the
    payment of any financial contributions to the Commonwealth.

-SOURCE-
    (July 15, 1955, ch. 369, Sec. 4, 69 Stat. 353.)

-End-



-CITE-
    30 USC Sec. 575                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 14 - ANTHRACITE MINE DRAINAGE AND FLOOD CONTROL

-HEAD-
    Sec. 575. Repealed.

-MISC1-
    Sec. 575. Repealed. Pub. L. 105-362, title IX, Sec. 901(i)(1), Nov.
      10, 1998, 112 Stat. 3290.
      Section, acts July 15, 1955, ch. 369, Sec. 5, 69 Stat. 353; Pub.
    L. 87-818, Sec. 1(8), Oct. 15, 1962, 76 Stat. 935, related to
    annual reports to Congress by Secretary of the Interior on
    anthracite mine drainage and flood control program.

-End-



-CITE-
    30 USC Sec. 576                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 14 - ANTHRACITE MINE DRAINAGE AND FLOOD CONTROL

-HEAD-
    Sec. 576. Authorization of appropriations

-STATUTE-
      There is hereby authorized to be appropriated such amounts as may
    be necessary to carry out the provisions of this chapter.

-SOURCE-
    (July 15, 1955, ch. 369, Sec. 5, formerly Sec. 6, 69 Stat. 353;
    renumbered Sec. 5, Pub. L. 105-362, title IX, Sec. 901(i)(2), Nov.
    10, 1998, 112 Stat. 3290.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 5 of act July 15, 1955, ch. 369, was classified
    to section 575 of this title, prior to repeal by Pub. L. 105-362,
    Sec. 901(i)(1).

-End-


-CITE-
    30 USC CHAPTER 15 - SURFACE RESOURCES                       01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 15 - SURFACE RESOURCES

-HEAD-
                      CHAPTER 15 - SURFACE RESOURCES                  


-MISC1-
           SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS       
    Sec.                                                     
    601.        Rules and regulations governing disposal of materials;
                 payment; removal without charge; lands excluded.     
    602.        Bidding; advertising and other notice; conditions for
                 negotiation of contract.                             
    603.        Disposition of moneys from disposal of materials.     
    604.        Disposal of sand, peat moss, etc., in Alaska;
                 contracts.                                           

                     SUBCHAPTER II - MINING LOCATIONS                 
    611.        Common varieties of sand, stone, gravel, pumice,
                 pumicite, or cinders, and petrified wood.            
    612.        Unpatented mining claims.                             
    613.        Procedure for determining title uncertainties.        
    614.        Waiver of rights.                                     
    615.        Limitation of existing rights.                        

-End-


-CITE-
    30 USC SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC
           LANDS                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 15 - SURFACE RESOURCES
    SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-
           SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS       

-End-



-CITE-
    30 USC Sec. 601                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 15 - SURFACE RESOURCES
    SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-
    Sec. 601. Rules and regulations governing disposal of materials;
      payment; removal without charge; lands excluded

-STATUTE-
      The Secretary, under such rules and regulations as he may
    prescribe, may dispose of mineral materials (including but not
    limited to common varieties of the following: sand, stone, gravel,
    pumice, pumicite, cinders, and clay) and vegetative materials
    (including but not limited to yucca, manzanita, mesquite, cactus,
    and timber or other forest products) on public lands of the United
    States, including, for the purposes of this subchapter, land
    described in subchapter V of chapter 28 of title 43, if the
    disposal of such mineral or vegetative materials (1) is not
    otherwise expressly authorized by law, including, but not limited
    to, subchapter I of chapter 8A of title 43, and the United States
    mining laws, and (2) is not expressly prohibited by laws of the
    United States, and (3) would not be detrimental to the public
    interest. Such materials may be disposed of only in accordance with
    the provisions of this subchapter and upon the payment of adequate
    compensation therefor, to be determined by the Secretary: Provided,
    however, That, to the extent not otherwise authorized by law, the
    Secretary is authorized in his discretion to permit any Federal,
    State, or Territorial agency, unit or subdivision, including
    municipalities, or any association or corporation not organized for
    profit, to take and remove, without charge, materials and resources
    subject to this subchapter, for use other than for commercial or
    industrial purposes or resale. Where the lands have been withdrawn
    in aid of a function of a Federal department or agency other than
    the department headed by the Secretary or of a State, Territory,
    county, municipality, water district or other local governmental
    subdivision or agency, the Secretary may make disposals under this
    subchapter only with the consent of such other Federal department
    or agency or of such State, Territory, or local governmental unit.
    Nothing in this subchapter shall be construed to apply to lands in
    any national park, or national monument or to any Indian lands, or
    lands set aside or held for the use or benefit of Indians,
    including lands over which jurisdiction has been transferred to the
    Department of the Interior by Executive order for the use of
    Indians. As used in this subchapter, the word "Secretary" means the
    Secretary of the Interior except that it means the Secretary of
    Agriculture where the lands involved are administered by him for
    national forest purposes or for the purposes of title III of the
    Bankhead-Jones Farm Tenant Act [7 U.S.C. 1010 et seq.] or where
    withdrawn for the purpose of any other function of the Department
    of Agriculture.

-SOURCE-
    (July 31, 1947, ch. 406, Sec. 1, 61 Stat. 681; July 23, 1955, ch.
    375, Sec. 1, 69 Stat. 367.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter V (Sec. 1181a et seq.) of chapter 28 of title 43,
    referred to in text, was in the original a reference to the Acts of
    Aug. 28, 1937 (50 Stat. 874), and June 24, 1954 (68 Stat. 270), as
    amended. For complete classification of these Acts to the Code, see
    Tables.
      Subchapter I (Sec. 315 et seq.) of chapter 8A of title 43,
    referred to in text, was in the original a reference to the Act of
    June 28, 1934 (48 Stat. 1269), as amended, known as the Taylor
    Grazing Act. For complete classification of this Act to the Code,
    see Short Title note set out under section 315 of Title 43 and
    Tables.
      The United States mining laws, referred to in text, are
    classified generally to this title.
      The Bankhead-Jones Farm Tenant Act, referred to in text, is act
    July 22, 1937, ch. 517, 50 Stat. 522, as amended. Title III of such
    Act is classified generally to subchapter III (Sec. 1010 et seq.)
    of chapter 33 of Title 7, Agriculture. For complete classification
    of this Act to the Code, see section 1000 of Title 7 and Tables.


-MISC1-
                                AMENDMENTS                            
      1955 - Act July 23, 1955, required disposal under this subchapter
    of common varieties of sand, stone, gravel, pumice, pumicite, and
    cinders, and gave the Secretary of Agriculture the same authority
    as to lands under his jurisdiction as the Secretary of Interior
    possesses as to lands under his jurisdiction in the disposal of
    mining and vegetative materials.

                                SHORT TITLE                            
      Act July 31, 1947, ch. 406, 61 Stat. 681, as amended, which is
    classified to this subchapter, is popularly known as the "Materials
    Act of 1947".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Enforcement functions of Secretary or other official in
    Department of the Interior related to compliance with materials
    sales contracts under this subchapter and removal permits issued
    under this subchapter and enforcement functions of Secretary or
    other official in Department of Agriculture insofar as they involve
    lands and programs under jurisdiction of that Department related to
    compliance with removal of materials under this subchapter with
    respect to pre-construction, construction, and initial operation of
    transportation system for Canadian and Alaskan natural gas
    transferred to Federal Inspector, Office of Federal Inspector for
    Alaska Natural Gas Transportation System, until first anniversary
    of date of initial operation of Alaska Natural Gas Transportation
    System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), (f), 203(a),
    eff. July 1, 1979, 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set
    out in the Appendix to Title 5, Government Organization and
    Employees. Office of Federal Inspector for the Alaska Natural Gas
    Transportation System abolished and functions and authority vested
    in Inspector transferred to Secretary of Energy by section 3012(b)
    of Pub. L. 102-486, set out as an Abolition of Office of Federal
    Inspector note under section 719e of Title 15, Commerce and Trade.
    Functions and authority vested in Secretary of Energy subsequently
    transferred to Federal Coordinator for Alaska Natural Gas
    Transportation Projects by section 720d(f) of Title 15.

-End-



-CITE-
    30 USC Sec. 602                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 15 - SURFACE RESOURCES
    SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-
    Sec. 602. Bidding; advertising and other notice; conditions for
      negotiation of contract

-STATUTE-
      (a) The Secretary shall dispose of materials under this
    subchapter to the highest responsible qualified bidder after formal
    advertising and such other public notice as he deems appropriate:
    Provided, however, That the Secretary may authorize negotiation of
    a contract for the disposal of materials if - 
        (1) the contract is for the sale of less than two hundred fifty
      thousand board-feet of timber; or, if
        (2) the contract is for the disposal of materials to be used in
      connection with a public works improvement program on behalf of a
      Federal, State or local governmental agency and the public
      exigency will not permit the delay incident to advertising; or,
      if
        (3) the contract is for the disposal of property for which it
      is impracticable to obtain competition.

      (b) Repealed. Pub. L. 96-470, title I, Sec. 102(a), Oct. 19,
    1980, 94 Stat. 2237.

-SOURCE-
    (July 31, 1947, ch. 406, Sec. 2, 61 Stat. 681; Pub. L. 87-689, Sec.
    1, Sept. 25, 1962, 76 Stat. 587; Pub. L. 94-273, Sec. 20, Apr. 21,
    1976, 90 Stat. 379; Pub. L. 96-470, title I, Sec. 102(a), Oct. 19,
    1980, 94 Stat. 2237.)


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (b). Pub. L. 96-470 struck out subsec. (b) which
    required a report to be made to Congress on Apr. 1 and Oct. 1 of
    each year of the contracts made under subsec. (a)(2) and (3) during
    the period since the date of the last report, which report was to
    name each purchaser, furnish the appraised value of the material
    involved, state the amount of each contract, and describe the
    circumstances leading to the determination that the contract should
    be entered into by negotiation instead of competitive bidding after
    formal advertising.
      1976 - Subsec. (b). Pub. L. 94-273 substituted "April" for
    "January" and "October" for "July".
      1962 - Pub. L. 87-689 designated existing provisions as subsec.
    (a), substituted therein provisions requiring the Secretary to
    dispose of materials after formal advertising and such other public
    notice as he deems appropriate, and authorizing negotiation of a
    contract for the sale of less than 250,000 board-feet of timber, or
    for materials to be used in connection with public works
    improvement program for a Federal, State, or local governmental
    agency where the public exigency will not permit the delay of
    advertising, or for property for which it is impracticable to
    obtain competition, for provisions requiring publication of notice
    once a week for 4 consecutive weeks in a newspaper of general
    circulation, and competitive bidding, in cases where the value was
    in excess of $1,000, and permitting disposal upon such notice and
    in such manner as he prescribed where the value was $1,000 or less,
    and added subsec. (b).


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain enforcement functions of Secretary or
    other appropriate officer or entity in Departments of Agriculture
    and the Interior under this subchapter to Federal Inspector of
    Office of Federal Inspector for Alaska Natural Gas Transportation
    System, and subsequent transfer to Secretary of Energy, then to
    Federal Coordinator for Alaska Natural Gas Transportation Projects,
    see note set out under section 601 of this title.

-End-



-CITE-
    30 USC Sec. 603                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 15 - SURFACE RESOURCES
    SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-
    Sec. 603. Disposition of moneys from disposal of materials

-STATUTE-
      All moneys received from the disposal of materials under this
    subchapter shall be disposed of in the same manner as moneys
    received from the sale of public lands, except that moneys received
    from the disposal of materials by the Secretary of Agriculture
    shall be disposed of in the same manner as other moneys received by
    the Department of Agriculture from the administration of the lands
    from which the disposal of materials is made, and except that
    revenues from the lands described in subchapter V of chapter 28 of
    title 43, shall be disposed of in accordance with said sections and
    except that moneys received from the disposal of materials from
    school section lands in Alaska, reserved under section 1 of the Act
    of March 4, 1915 (38 Stat. 1214), shall be set apart as separate
    and permanent funds in the Territorial Treasury, as provided for
    income derived from said school section lands pursuant to said Act.

-SOURCE-
    (July 31, 1947, ch. 406, Sec. 3, 61 Stat. 681; Aug. 31, 1950, ch.
    830, 64 Stat. 571; July 23, 1955, ch. 375, Sec. 2, 69 Stat. 368.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter V (Sec. 1181a et seq.) of chapter 28 of title 43,
    referred to in text, was in the original a reference to the Acts of
    Aug. 28, 1937 (50 Stat. 874), and June 24, 1954 (68 Stat. 270), as
    amended. For complete classification of these Acts to the Code, see
    Tables.
      Act of March 4, 1915 (38 Stat. 1214), referred to in text, is act
    Mar. 4, 1915, ch. 181, 38 Stat. 1214, as amended. Section 1 of that
    Act, which made reservation of certain Alaska lands for educational
    purposes, covered disposition of proceeds or income derived from
    reserved lands, and set out the exclusion of certain lands, was
    classified to section 353 of Title 48, Territories and Insular
    Possessions, and was repealed by Pub. L. 85-508, Sec. 6(k), July 7,
    1958, 72 Stat. 343. For complete classification of this Act to the
    Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1955 - Act July 23, 1955, provided for the disposal of moneys
    received by the Secretary of Agriculture, and for the disposal of
    revenues from the lands described in sections 1181a to 1181j of
    title 43.
      1950 - Act Aug. 31, 1950, provided for setting apart as separate
    and permanent funds in the Territorial Treasury moneys received
    from disposal of materials from school section lands in Alaska.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain enforcement functions of Secretary or
    other appropriate officer or entity in Departments of Agriculture
    and the Interior under this subchapter to Federal Inspector of
    Office of Federal Inspector for Alaska Natural Gas Transportation
    System, and subsequent transfer to Secretary of Energy, then to
    Federal Coordinator for Alaska Natural Gas Transportation Projects,
    see note set out under section 601 of this title.


-MISC2-
                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-



-CITE-
    30 USC Sec. 604                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 15 - SURFACE RESOURCES
    SUBCHAPTER I - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-
    Sec. 604. Disposal of sand, peat moss, etc., in Alaska; contracts

-STATUTE-
      Subject to the provisions of this subchapter, the Secretary may
    dispose of sand, stone, gravel, and vegetative materials located
    below highwater mark of navigable waters of the Territory of
    Alaska. Any contract, unexecuted in whole or in part, for the
    disposal under this subchapter of materials from land, title to
    which is transferred to a future State upon its admission to the
    Union, and which is situated within its boundaries, may be
    terminated or adopted by such State.

-SOURCE-
    (July 31, 1947, ch. 406, Sec. 4, as added Aug. 31, 1950, ch. 830,
    64 Stat. 572.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain enforcement functions of Secretary or
    other appropriate officer or entity in Departments of Agriculture
    and the Interior under this subchapter to Federal Inspector of
    Office of Federal Inspector for Alaska Natural Gas Transportation
    System, and subsequent transfer to Secretary of Energy, then to
    Federal Coordinator for Alaska Natural Gas Transportation Projects,
    see note set out under section 601 of this title.


-MISC1-
                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-


-CITE-
    30 USC SUBCHAPTER II - MINING LOCATIONS                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 15 - SURFACE RESOURCES
    SUBCHAPTER II - MINING LOCATIONS

-HEAD-
                     SUBCHAPTER II - MINING LOCATIONS                 

-End-



-CITE-
    30 USC Sec. 611                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 15 - SURFACE RESOURCES
    SUBCHAPTER II - MINING LOCATIONS

-HEAD-
    Sec. 611. Common varieties of sand, stone, gravel, pumice,
      pumicite, or cinders, and petrified wood

-STATUTE-
      No deposit of common varieties of sand, stone, gravel, pumice,
    pumicite, or cinders and no deposit of petrified wood shall be
    deemed a valuable mineral deposit within the meaning of the mining
    laws of the United States so as to give effective validity to any
    mining claim hereafter located under such mining laws: Provided,
    however, That nothing herein shall affect the validity of any
    mining location based upon discovery of some other mineral
    occurring in or in association with such a deposit. "Common
    varieties" as used in this subchapter and sections 601 and 603 of
    this title does not include deposits of such materials which are
    valuable because the deposit has some property giving it distinct
    and special value and does not include so-called "block pumice"
    which occurs in nature in pieces having one dimension of two inches
    or more. "Petrified wood" as used in this subchapter and sections
    601 and 603 of this title means agatized, opalized, petrified, or
    silicified wood, or any material formed by the replacement of wood
    by silica or other matter.

-SOURCE-
    (July 23, 1955, ch. 375, Sec. 3, 69 Stat. 368; Pub. L. 87-713, Sec.
    1, Sept. 28, 1962, 76 Stat. 652.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in text, are
    classified generally to this title.


-MISC1-
                                AMENDMENTS                            
      1962 - Pub. L. 87-713 defined "petrified wood", and provided that
    no deposit of petrified wood shall be deemed a valuable mineral
    deposit within the mining laws of the United States.

      REGULATIONS FOR REMOVAL OF LIMITED QUANTITIES OF PETRIFIED WOOD  
      Section 2 of Pub. L. 87-713 provided that: "The Secretary of the
    Interior shall provide by regulation that limited quantities of
    petrified wood may be removed without charge from those public
    lands which he shall specify."

-End-



-CITE-
    30 USC Sec. 612                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 15 - SURFACE RESOURCES
    SUBCHAPTER II - MINING LOCATIONS

-HEAD-
    Sec. 612. Unpatented mining claims

-STATUTE-
    (a) Prospecting, mining or processing operations
      Any mining claim hereafter located under the mining laws of the
    United States shall not be used, prior to issuance of patent
    therefor, for any purposes other than prospecting, mining or
    processing operations and uses reasonably incident thereto.
    (b) Reservations in the United States to use of the surface and
      surface resources
      Rights under any mining claim hereafter located under the mining
    laws of the United States shall be subject, prior to issuance of
    patent therefor, to the right of the United States to manage and
    dispose of the vegetative surface resources thereof and to manage
    other surface resources thereof (except mineral deposits subject to
    location under the mining laws of the United States). Any such
    mining claim shall also be subject, prior to issuance of patent
    therefor, to the right of the United States, its permittees, and
    licensees, to use so much of the surface thereof as may be
    necessary for such purposes or for access to adjacent land:
    Provided, however, That any use of the surface of any such mining
    claim by the United States, its permittees or licensees, shall be
    such as not to endanger or materially interfere with prospecting,
    mining or processing operations or uses reasonably incident
    thereto: Provided further, That if at any time the locator requires
    more timber for his mining operations than is available to him from
    the claim after disposition of timber therefrom by the United
    States, subsequent to the location of the claim, he shall be
    entitled, free of charge, to be supplied with timber for such
    requirements from the nearest timber administered by the disposing
    agency which is ready for harvesting under the rules and
    regulations of that agency and which is substantially equivalent in
    kind and quantity to the timber estimated by the disposing agency
    to have been disposed of from the claim: Provided further, That
    nothing in this subchapter and sections 601 and 603 of this title
    shall be construed as affecting or intended to affect or in any way
    interfere with or modify the laws of the States which lie wholly or
    in part westward of the ninety-eighth meridian relating to the
    ownership, control, appropriation, use, and distribution of ground
    or surface waters within any unpatented mining claim.
    (c) Severance or removal of timber
      Except to the extent required for the mining claimant's
    prospecting, mining or processing operations and uses reasonably
    incident thereto, or for the construction of buildings or
    structures in connection therewith, or to provide clearance for
    such operations or uses, or to the extent authorized by the United
    States, no claimant of any mining claim hereafter located under the
    mining laws of the United States shall, prior to issuance of patent
    therefor, sever, remove, or use any vegetative or other surface
    resources thereof which are subject to management or disposition by
    the United States under subsection (b) of this section. Any
    severance or removal of timber which is permitted under the
    exceptions of the preceding sentence, other than severance or
    removal to provide clearance, shall be in accordance with sound
    principles of forest management.

-SOURCE-
    (July 23, 1955, ch. 375, Sec. 4, 69 Stat. 368.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in text, are
    classified generally to this title.

-End-



-CITE-
    30 USC Sec. 613                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 15 - SURFACE RESOURCES
    SUBCHAPTER II - MINING LOCATIONS

-HEAD-
    Sec. 613. Procedure for determining title uncertainties

-STATUTE-
    (a) Notice to mining claimants; request; publication; service
      The head of a Federal department or agency which has the
    responsibility for administering surface resources of any lands
    belonging to the United States may file as to such lands in the
    office of the Secretary of the Interior, or in such office as the
    Secretary of the Interior may designate, a request for publication
    of notice to mining claimants, for determination of surface rights,
    which request shall contain a description of the lands covered
    thereby, showing the section or sections of the public land surveys
    which embrace the lands covered by such request, or if such lands
    are unsurveyed, either the section or sections which would probably
    embrace such lands when the public land surveys are extended to
    such lands or a tie by courses and distances to an approved United
    States mineral monument.
      The filing of such request for publication shall be accompanied
    by an affidavit or affidavits of a person or persons over twenty-
    one years of age setting forth that the affiant or affiants have
    examined the lands involved in a reasonable effort to ascertain
    whether any person or persons were in actual possession of or
    engaged in the working of such lands or any part thereof, and, if
    no person or persons were found to be in actual possession of or
    engaged in the working of said lands or any part thereof on the
    date of such examination, setting forth such fact, or, if any
    person or persons were so found to be in actual possession or
    engaged in such working on the date of such examination, setting
    forth the name and address of each such person, unless affiant
    shall have been unable through reasonable inquiry to obtain
    information as to the name and address of any such person, in which
    event the affidavit shall set forth fully the nature and results of
    such inquiry.
      The filing of such request for publication shall also be
    accompanied by the certificate of a title or abstract company, or
    of a title abstractor, or of an attorney, based upon such company's
    abstractor's, or attorney's examination of those instruments which
    are shown by the tract indexes in the county office of record as
    affecting the lands described in said request, setting forth the
    name of any person disclosed by said instruments to have an
    interest in said lands under any unpatented mining claim heretofore
    located, together with the address of such person if such address
    is disclosed by such instruments of record. "Tract indexes" as used
    herein shall mean those indexes, if any, as to surveyed lands
    identifying instruments as affecting a particular legal subdivision
    of the public land surveys, and as to unsurveyed lands identifying
    instruments as affecting a particular probable legal subdivision
    according to a projected extension of the public land surveys.
      Thereupon the Secretary of the Interior, at the expense of the
    requesting department or agency, shall cause notice to mining
    claimants to be published in a newspaper having general circulation
    in the county in which the lands involved are situate.
      Such notice shall describe the lands covered by such request, as
    provided heretofore, and shall notify whomever it may concern that
    if any person claiming or asserting under, or by virtue of, any
    unpatented mining claim heretofore located, rights as to such lands
    or any part thereof, shall fail to file in the office where such
    request for publication was filed (which office shall be specified
    in such notice) and within one hundred and fifty days from the date
    of the first publication of such notice (which date shall be
    specified in such notice), a verified statement which shall set
    forth, as to such unpatented mining claim - 
        (1) the date of location;
        (2) the book and page of recordation of the notice or
      certificate of location;
        (3) the section or sections of the public land surveys which
      embrace such mining claims; or if such lands are unsurveyed,
      either the section or sections which would probably embrace such
      mining claim when the public land surveys are extended to such
      lands or a tie by courses and distances to an approved United
      States mineral monument;
        (4) whether such claimant is a locator or purchaser under such
      location; and
        (5) the name and address of such claimant and names and
      addresses so far as known to the claimant of any other person or
      persons claiming any interest or interests in or under such
      unpatented mining claim;

    such failure shall be conclusively deemed (i) to constitute a
    waiver and relinquishment by such mining claimant of any right,
    title, or interest under such mining claim contrary to or in
    conflict with the limitations or restrictions specified in section
    612 of this title as to hereafter located unpatented mining claims,
    and (ii) to constitute a consent by such mining claimant that such
    mining claim, prior to issuance of patent therefor, shall be
    subject to the limitations and restrictions specified in section
    612 of this title as to hereafter located unpatented mining claims,
    and (iii) to preclude thereafter, prior to issuance of patent, any
    assertion by such mining claimant of any right or title to or
    interest in or under such mining claim contrary to or in conflict
    with the limitations or restrictions specified in section 612 of
    this title as to hereafter located unpatented mining claims.
      If such notice is published in a daily paper, it shall be
    published in the Wednesday issue for nine consecutive weeks, or, if
    in a weekly paper, in nine consecutive issues, or if in a
    semiweekly or triweekly paper, in the issue of the same day of each
    week for nine consecutive weeks.
      Within fifteen days after the date of first publication of such
    notice, the department or agency requesting such publication (1)
    shall cause a copy of such notice to be personally delivered to or
    to be mailed by registered mail or by certified mail addressed to
    each person in possession or engaged in the working of the land
    whose name and address is shown by an affidavit filed as aforesaid,
    and to each person who may have filed, as to any lands described in
    said notice, a request for notices, as provided in subsection (d)
    of this section, and shall cause a copy of such notice to be mailed
    by registered mail or by certified mail to each person whose name
    and address is set forth in the title or abstract company's or
    title abstractor's or attorney's certificate filed as aforesaid, as
    having an interest in the lands described in said notice under any
    unpatented mining claim heretofore located, such notice to be
    directed to such person's address as set forth in such certificate;
    and (2) shall file in the office where said request for publication
    was filed an affidavit showing that copies have been so delivered
    or mailed.
    (b) Failure to file verified statement
      If any claimant under any unpatented mining claim heretofore
    located which embraces any of the lands described in any notice
    published in accordance with the provisions of subsection (a) of
    this section, shall fail to file a verified statement, as provided
    in such subsection (a), within one hundred and fifty days from the
    date of the first publication of such notice, such failure shall be
    conclusively deemed, except as otherwise provided in subsection (e)
    of this section, (i) to constitute a waiver and relinquishment by
    such mining claimant of any right, title, or interest under such
    mining claim contrary to or in conflict with the limitations or
    restrictions specified in section 612 of this title as to hereafter
    located unpatented mining claims, and (ii) to constitute a consent
    by such mining claimant that such mining claim, prior to issuance
    of patent therefor, shall be subject to the limitations and
    restrictions specified in section 612 of this title as to hereafter
    located unpatented mining claims, and (iii) to preclude thereafter,
    prior to issuance of patent, any assertion by such mining claimant
    of any right or title to or interest in or under such mining claim
    contrary to or in conflict with the limitations or restrictions
    specified in section 612 of this title as to hereafter located
    unpatented mining claims.
    (c) Hearings
      If any verified statement shall be filed by a mining claimant as
    provided in subsection (a) of this section, then the Secretary of
    Interior shall fix a time and place for a hearing to determine the
    validity and effectiveness of any right or title to, or interest in
    or under such mining claim, which the mining claimant may assert
    contrary to or in conflict with the limitations and restrictions
    specified in section 612 of this title as to hereafter located
    unpatented mining claims, which place of hearing shall be in the
    county where the lands in question or parts thereof are located,
    unless the mining claimant agrees otherwise. Where verified
    statements are filed asserting rights to an aggregate of more than
    twenty mining claims, any single hearing shall be limited to a
    maximum of twenty mining claims unless the parties affected shall
    otherwise stipulate and as many separate hearing (!1) shall be set
    as shall be necessary to comply with this provision. The procedures
    with respect to notice of such a hearing and the conduct thereof,
    and in respect to appeals shall follow the then established general
    procedures and rules of practice of the Department of the Interior
    in respect to contests or protests affecting public lands of the
    United States. If, pursuant to such a hearing the final decision
    rendered in the matter shall affirm the validity and effectiveness
    of any mining claimant's so asserted right or interest under the
    mining claim, then no subsequent proceedings under this section
    shall have any force or effect upon the so-affirmed right or
    interest of such mining claimant under such mining claim. If at any
    time prior to a hearing the department or agency requesting
    publication of notice and any person filing a verified statement
    pursuant to such notice shall so stipulate, then to the extent so
    stipulated, but only to such extent, no hearing shall be held with
    respect to rights asserted under that verified statement, and to
    the extent defined by the stipulation the rights asserted under
    that verified statement shall be deemed to be unaffected by that
    particular published notice.

    (d) Request for copy of notice
      Any person claiming any right under or by virtue of any
    unpatented mining claim heretofore located and desiring to receive
    a copy of any notice to mining claimants which may be published as
    provided in subsection (a) of this section, and which may affect
    lands embraced in such mining claim, may cause to be filed for
    record in the county office of record where the notice or
    certificate of location of such mining claim shall have been
    recorded, a duly acknowledged request for a copy of any such
    notice. Such request for copies shall set forth the name and
    address of the person requesting copies and shall also set forth,
    as to each heretofore located unpatented mining claim under which
    such person asserts rights - 
        (1) the date of location;
        (2) the book and page of the recordation of the notice or
      certificate of location; and
        (3) the section or sections of the public land surveys which
      embrace such mining claim; or if such lands are unsurveyed,
      either the section or sections which would probably embrace such
      mining claim when the public land surveys are extended to such
      lands or a tie by courses and distances to an approved United
      States mineral monument.

    Other than in respect to the requirements of subsection (a) of this
    section as to personal delivery or mailing of copies of notices and
    in respect to the provisions of subsection (e) of this section, no
    such request for copies of published notices and no statement or
    allegation in such request and no recordation thereof shall affect
    title to any mining claim or to any land or be deemed to constitute
    constructive notice to any person that the person requesting copies
    has, or claims, any right, title, or interest in or under any
    mining claim referred to in such request.
    (e) Failure to deliver or mail copy of notice
      If any department or agency requesting publication shall fail to
    comply with the requirements of subsection (a) of this section as
    to the personal delivery or mailing of a copy of notice to any
    person, the publication of such notice shall be deemed wholly
    ineffectual as to that person or as to the rights asserted by that
    person and the failure of that person to file a verified statement,
    as provided in such notice, shall in no manner affect, diminish,
    prejudice or bar any rights of that person.

-SOURCE-
    (July 23, 1955, ch. 375, Sec. 5, 69 Stat. 369; Pub. L. 86-507, Sec.
    1(26), June 11, 1960, 74 Stat. 201.)


-MISC1-
                                AMENDMENTS                            
      1960 - Subsec. (a). Pub. L. 86-507 inserted "or by certified
    mail" after "registered mail" in two places in last paragraph.

-FOOTNOTE-
    (!1) So in original. Probably should be "hearings".


-End-



-CITE-
    30 USC Sec. 614                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 15 - SURFACE RESOURCES
    SUBCHAPTER II - MINING LOCATIONS

-HEAD-
    Sec. 614. Waiver of rights

-STATUTE-
      The owner or owners of any unpatented mining claim heretofore
    located may waive and relinquish all rights thereunder which are
    contrary to or in conflict with the limitations or restrictions
    specified in section 612 of this title as to hereafter located
    unpatented mining claims. The execution and acknowledgment of such
    a waiver and relinquishment by such owner or owners and the
    recordation thereof in the office where the notice or certificate
    of location of such mining claim is of record shall render such
    mining claim thereafter and prior to issuance of patent subject to
    the limitations and restrictions in section 612 of this title in
    all respects as if said mining claim had been located after July
    23, 1955, but no such waiver or relinquishment shall be deemed in
    any manner to constitute any concession as to the date of priority
    of rights under said mining claim or as to the validity thereof.

-SOURCE-
    (July 23, 1955, ch. 375, Sec. 6, 69 Stat. 372.)

-End-



-CITE-
    30 USC Sec. 615                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 15 - SURFACE RESOURCES
    SUBCHAPTER II - MINING LOCATIONS

-HEAD-
    Sec. 615. Limitation of existing rights

-STATUTE-
      Nothing in this subchapter and sections 601 and 603 of this title
    shall be construed in any manner to limit or restrict or to
    authorize the limitation or restriction of any existing rights of
    any claimant under any valid mining claim heretofore located,
    except as such rights may be limited or restricted as a result of a
    proceeding pursuant to section 613 of this title, or as a result of
    a waiver and relinquishment pursuant to section 614 of this title;
    and nothing in this subchapter and sections 601 and 603 of this
    title shall be construed in any manner to authorized inclusion in
    any patent hereafter issued under the mining laws of the United
    States for any mining claim heretofore or hereafter located, of any
    reservation, limitation, or restriction not otherwise authorized by
    law, or to limit or repeal any existing authority to include any
    reservation, limitation, or restriction in any such patent, or to
    limit or restrict any use of the lands covered by any patented or
    unpatented mining claim by the United States, its lessees,
    permittees, and licensees which is otherwise authorized by law.

-SOURCE-
    (July 23, 1955, ch. 375, Sec. 7, 69 Stat. 372.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in text, are
    classified generally to this title.

-End-


-CITE-
    30 USC CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS
           WITHDRAWN FOR POWER DEVELOPMENT                 01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER
                  DEVELOPMENT                     

-HEAD-
       CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER
                                DEVELOPMENT

-MISC1-
    Sec.                                                     
    621.        Entry to lands reserved for power development.        
    622.        Liability for damage, destruction, or loss of claim.  
    623.        Recording and reporting of unpatented claims; time.   
    624.        Protection of existing valid claims.                  
    625.        Prohibition of unspecified use.                       

-End-



-CITE-
    30 USC Sec. 621                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER
                  DEVELOPMENT                     

-HEAD-
    Sec. 621. Entry to lands reserved for power development

-STATUTE-
    (a) Conditions of entry
      All public lands belonging to the United States heretofore, now
    or hereafter withdrawn or reserved for power development or power
    sites shall be open to entry for location and patent of mining
    claims and for mining, development, beneficiation, removal, and
    utilization of the mineral resources of such lands under applicable
    Federal statutes: Provided, That all power rights to such lands
    shall be retained by the United States: Provided further, That
    locations made under this chapter within the revested Oregon and
    California Railroad and reconveyed Coos Bay Wagon grant lands shall
    also be subject to the provisions of the Act of April 8, 1948,
    Public Law 477 (Eightieth Congress, second session): And provided
    further, That nothing contained herein shall be construed to open
    for the purposes described in this section any lands (1) which are
    included in any project operating or being constructed under a
    license or permit issued under the Federal Power Act [16 U.S.C.
    791a et seq.] or other Act of Congress, or (2) which are under
    examination and survey by a prospective licensee of the Federal
    Energy Regulatory Commission, if such prospective licensee holds an
    uncanceled preliminary permit issued under the Federal Power Act
    authorizing him to conduct such examination and survey with respect
    to such lands and such permit has not been renewed in the case of
    such prospective licensee more than once.
    (b) Placer claims; notice; hearing; order; rules and regulations
      The locator of a placer claim under this chapter, however, shall
    conduct no mining operations for a period of sixty days after the
    filing of a notice of location pursuant to section 623 of this
    title. If the Secretary of the Interior, within sixty days from the
    filing of the notice of location, notifies the locator by
    registered mail or certified mail of the Secretary's intention to
    hold a public hearing to determine whether placer mining operations
    would substantially interfere with other uses of the land included
    within the placer claim, mining operations on that claim shall be
    further suspended until the Secretary has held the hearing and has
    issued an appropriate order. The order issued by the Secretary of
    the Interior shall provide for one of the following: (1) a complete
    prohibition of placer mining; (2) a permission to engage in placer
    mining upon the condition that the locator shall, following placer
    operations, restore the surface of the claim to the condition in
    which it was immediately prior to those operations; or (3) a
    general permission to engage in placer mining. No order by the
    Secretary with respect to such operations shall be valid unless a
    certified copy is filed in the same State or county office in which
    the locator's notice of location has been filed in compliance with
    the United States mining laws.
      The Secretary shall establish such rules and regulations as he
    deems desirable concerning bonds and deposits with respect to the
    restoration of lands to their condition prior to placer mining
    operations. Moneys received from any bond or deposit shall be used
    for the restoration of the surface of the claim involved, and any
    money received in excess of the amount needed for the restoration
    of the surface of that claim shall be refunded.
    (c) Validity of withdrawals unaffected
      Nothing in this chapter shall affect the validity of withdrawals
    or reservations for purposes other than power development.

-SOURCE-
    (Aug. 11, 1955, ch. 797, Sec. 2, 69 Stat. 682; Pub. L. 86-507, Sec.
    1(27), June 11, 1960, 74 Stat. 202; Pub. L. 95-91, title IV, Sec.
    402(a)(1)(A), title VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat.
    584, 606, 607.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of April 8, 1948, referred to in subsec. (a), is act Apr. 8,
    1948, ch. 179, 62 Stat. 162, which is not classified to the Code.
      The Federal Power Act, referred to in subsec. (a), is act June
    10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
    generally to chapter 12 (Sec. 791a et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see section 791a of Title 16 and Tables.


-MISC1-
                                AMENDMENTS                            
      1960 - Subsec. (b). Pub. L. 86-507 inserted "or certified mail"
    after "registered mail".

                                SHORT TITLE                            
      Section 1 of act Aug. 11, 1955, provided: "That this Act
    [enacting this chapter] may be cited as the 'Mining Claims Rights
    Restoration Act of 1955'."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Federal Energy Regulatory Commission" substituted for "Federal
    Power Commission" in subsec. (a) pursuant to sections 402(a)(1)(A),
    703, and 707 of Pub. L. 95-91, which are classified to sections
    7172(a)(1)(A), 7293, and 7297 of Title 42, The Public Health and
    Welfare, and which terminated Federal Power Commission and
    transferred its functions relating to licensing and permits for
    dams, reservoirs, or other works for development and improvement of
    navigation and for development and utilization of power across,
    along, from, or in navigable waters under part I of Federal Power
    Act (16 U.S.C. 791a et seq.) to Federal Energy Regulatory
    Commission.

-End-



-CITE-
    30 USC Sec. 622                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER
                  DEVELOPMENT                     

-HEAD-
    Sec. 622. Liability for damage, destruction, or loss of claim

-STATUTE-
      Prospecting and exploration for and the development and
    utilization of mineral resources authorized in this chapter shall
    be entered into or continued at the financial risk of the
    individual party or parties undertaking such work: Provided, That
    the United States, its permittees and licensees shall not be
    responsible or held liable or incur any liability for the damage,
    destruction, or loss of any mining claim, mill site, facility
    installed or erected, income, or other property or investments
    resulting from the actual use of such lands or portions thereof for
    power development at any time where such power development is made
    by or under the authority of the United States, except where such
    damage, destruction, or loss results from the negligence of the
    United States, its permittees and licensees.

-SOURCE-
    (Aug. 11, 1955, ch. 797, Sec. 3, 69 Stat. 682.)

-End-



-CITE-
    30 USC Sec. 623                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER
                  DEVELOPMENT                     

-HEAD-
    Sec. 623. Recording and reporting of unpatented claims; time

-STATUTE-
      The owner of any unpatented mining claim located on land
    described in section 621 of this title shall file for record in the
    United States district land office of the land district in which
    the claim is situated (1) within one year after August 11, 1955, as
    to any or all locations heretofore made, or within sixty days of
    location as to locations hereafter made, a copy of the notice of
    location of the claim; (2) within sixty days after the expiration
    of any annual assessment year, a statement as to the assessment
    work done or improvements made during the previous assessment year.

-SOURCE-
    (Aug. 11, 1955, ch. 797, Sec. 4, 69 Stat. 683.)

-End-



-CITE-
    30 USC Sec. 624                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER
                  DEVELOPMENT                     

-HEAD-
    Sec. 624. Protection of existing valid claims

-STATUTE-
      Nothing in this chapter contained shall be construed to limit or
    restrict the rights of the owner or owners of any valid mining
    claim located prior to the date of withdrawal or reservation:
    Provided, That nothing in this chapter shall be construed to limit
    or restrict the rights of the owner or owners of any mining claim
    who are diligently working to make a discovery of valuable minerals
    at the time any future withdrawal or reservation for power
    development is made.

-SOURCE-
    (Aug. 11, 1955, ch. 797, Sec. 5, 69 Stat. 683.)

-End-



-CITE-
    30 USC Sec. 625                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 16 - MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER
                  DEVELOPMENT                     

-HEAD-
    Sec. 625. Prohibition of unspecified use

-STATUTE-
      Notwithstanding any other provisions of this chapter, all mining
    claims and mill sites or mineral rights located under the terms of
    this chapter or otherwise contained on the public lands as
    described in section 621 of this title shall be used only for the
    purposes specified in section 621 of this title and no facility or
    activity shall be erected or conducted thereon for other purposes.

-SOURCE-
    (Aug. 11, 1955, ch. 797, Sec. 6, 69 Stat. 683.)

-End-


-CITE-
    30 USC CHAPTER 17 - EXPLORATION PROGRAM FOR DISCOVERY OF
           MINERALS                                        01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 17 - EXPLORATION PROGRAM FOR DISCOVERY OF MINERALS

-HEAD-
        CHAPTER 17 - EXPLORATION PROGRAM FOR DISCOVERY OF MINERALS    

-MISC1-
    Sec.                                                     
    641.        Establishment and maintenance of program for
                 exploration; financial assistance.                   
    642.        Exploration contracts.                                
    643.        "Exploration" defined.                                
    644.        Advice and assistance by Government departments and
                 agencies; expenditure of funds.                      
    645.        Repealed.                                             
    646.        Authorization of appropriations.                      

-End-



-CITE-
    30 USC Sec. 641                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 17 - EXPLORATION PROGRAM FOR DISCOVERY OF MINERALS

-HEAD-
    Sec. 641. Establishment and maintenance of program for exploration;
      financial assistance

-STATUTE-
      The Secretary of the Interior is hereby authorized and directed,
    in order to provide for discovery of additional domestic mineral
    reserves, to establish and maintain a program for exploration by
    private industry within the United States, its Territories and
    possessions for such minerals, excluding organic fuels, as he shall
    from time to time designate, and to provide Federal financial
    assistance on a participating basis for that purpose.

-SOURCE-
    (Pub. L. 85-701, Sec. 1, Aug. 21, 1958, 72 Stat. 700.)


-MISC1-
                    CONGRESSIONAL DECLARATION OF POLICY                
      The recital clause of Pub. L. 85-701, which preceded section 1,
    provided: "That it is declared to be the policy of the Congress to
    stimulate exploration for minerals within the United States, its
    Territories and possessions."

-End-



-CITE-
    30 USC Sec. 642                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 17 - EXPLORATION PROGRAM FOR DISCOVERY OF MINERALS

-HEAD-
    Sec. 642. Exploration contracts

-STATUTE-
    (a) Terms and conditions; interest rates
      In order to carry out the purposes of this chapter, and subject
    to the provisions of this section, the Secretary is authorized to
    enter into exploration contracts with individuals, partnerships,
    corporations, or other legal entities which shall provide for such
    Federal financial participation as he deems in the national
    interest. Such contracts shall contain terms and conditions as the
    Secretary deems necessary and appropriate, including terms and
    conditions for the repayment of the Federal funds made available
    under any contract together with interest thereon, as a royalty on
    the value of the production from the area described in the
    contract. Interest shall be calculated from the date of the loan.
    Such interest shall be at rates which (1) are not less than the
    rates of interest which the Secretary of the Treasury shall
    determine the Department of the Interior would have to pay if it
    borrowed such funds from the Treasury of the United States, taking
    into consideration current average yields on outstanding marketable
    obligations of the United States with maturities comparable to the
    terms of the particular contracts involved and (2) plus 2 per
    centum per annum in lieu of recovering the cost of administering
    the particular contracts.
    (b) Deposit of royalty payments
      Royalty payments received under subsection (a) of this section
    shall be covered into the miscellaneous receipts of the Treasury.
    (c) Certification of exploration projects; payment of royalties;
      time limitation on payment; royalty agreements
      When in the opinion of the Secretary an analysis and evaluation
    of the results of the exploration project disclose that mineral
    production from the area covered by the contract may be possible he
    shall so certify within the time specified in the contract. Upon
    certification, payment of royalties shall be a charge against
    production for the full period specified in the contract or until
    the obligation has been discharged, but in no event shall such
    royalty payments continue for a period of more than twenty-five
    years from the date of contract. When the Secretary determines not
    to certify he shall promptly notify the contractor. When the
    Secretary deems it necessary and in the public interest, he may
    enter into royalty agreements to provide for royalty payments in
    the same manner as though the project had been certified.
    (d) Production
      No provision of this chapter, nor any rule or regulation which
    may be issued by the Secretary shall be construed to require any
    production from the area described in the contract.
    (e) Rules and regulations; adjustment of contracts
      The Secretary shall establish and promulgate such rules and
    regulations as may be necessary to carry out the purposes of this
    chapter: Provided, however, That he may modify and adjust the terms
    and conditions of any contract to reduce the amount and term of any
    royalty payment when he shall determine that such action is
    necessary and in the public interest: Provided further, That no
    such single contract shall authorize Government participation in
    excess of $250,000.
    (f) Availability of funds
      No funds shall be made available under this chapter unless the
    applicant shall furnish evidence that funds from commercial sources
    are unavailable on reasonable terms.

-SOURCE-
    (Pub. L. 85-701, Sec. 2, Aug. 21, 1958, 72 Stat. 700.)

-End-



-CITE-
    30 USC Sec. 643                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 17 - EXPLORATION PROGRAM FOR DISCOVERY OF MINERALS

-HEAD-
    Sec. 643. "Exploration" defined

-STATUTE-
      As used in this chapter, the term "exploration" means the search
    for new or unexplored deposits of minerals, including related
    development work, within the United States, its Territories and
    possessions, whether conducted from the surface or underground,
    using recognized and sound procedures including standard
    geophysical and geochemical methods for obtaining mineralogical and
    geological information.

-SOURCE-
    (Pub. L. 85-701, Sec. 3, Aug. 21, 1958, 72 Stat. 701.)

-End-



-CITE-
    30 USC Sec. 644                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 17 - EXPLORATION PROGRAM FOR DISCOVERY OF MINERALS

-HEAD-
    Sec. 644. Advice and assistance by Government departments and
      agencies; expenditure of funds

-STATUTE-
      Departments and agencies of the Government are authorized to
    advise and assist the Secretary of the Interior, upon his request,
    in carrying out the provisions of this chapter and may expend their
    funds for such purposes, with or without reimbursement, in
    accordance with such agreements as may be necessary.

-SOURCE-
    (Pub. L. 85-701, Sec. 4, Aug. 21, 1958, 72 Stat. 701.)

-End-



-CITE-
    30 USC Sec. 645                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 17 - EXPLORATION PROGRAM FOR DISCOVERY OF MINERALS

-HEAD-
    Sec. 645. Repealed.

-MISC1-
    Sec. 645. Repealed. Pub. L. 93-608, Sec. 1(13), Jan. 2, 1975, 88
      Stat. 1969.
      Section, Pub. L. 85-701, Sec. 5, Aug. 21, 1958, 72 Stat. 701;
    Pub. L. 89-348, Sec. 2(5), Nov. 8, 1965, 79 Stat. 1312, required
    Secretary of the Interior to report to Congress on operations of
    programs authorized pursuant to this chapter.

-End-



-CITE-
    30 USC Sec. 646                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 17 - EXPLORATION PROGRAM FOR DISCOVERY OF MINERALS

-HEAD-
    Sec. 646. Authorization of appropriations

-STATUTE-
      There are hereby authorized to be appropriated, from any funds in
    the Treasury not otherwise appropriated, such sums as may be
    necessary to carry out the provisions of this chapter.

-SOURCE-
    (Pub. L. 85-701, Sec. 6, Aug. 21, 1958, 72 Stat. 701.)

-End-


-CITE-
    30 USC CHAPTER 18 - COAL RESEARCH AND DEVELOPMENT           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 18 - COAL RESEARCH AND DEVELOPMENT

-HEAD-
                CHAPTER 18 - COAL RESEARCH AND DEVELOPMENT            

-MISC1-
    Sec.                                                     
    661.        Short title; definitions.                             
    662.        Powers and duties of Secretary.                       
    663, 664.   Repealed.                                             
    665.        Sites for conducting research; availability of
                 personnel and facilities.                            
    666.        Public-availability requirement; national defense;
                 patent agreements.                                   
    667.        Repealed.                                             
    668.        Authorization of appropriations.                      

-End-



-CITE-
    30 USC Sec. 661                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 18 - COAL RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 661. Short title; definitions

-STATUTE-
      (a) This chapter may be cited as the "Coal Research and
    Development Act of 1960".
      (b) In this chapter:
        (1) The term "research" means scientific, technical, and
      economic research and the practical application of that research.
        (2) The term "Secretary" means the Secretary of Energy.

-SOURCE-
    (Pub. L. 86-599, Sec. 1, as added Pub. L. 109-58, title X, Sec.
    1009(a)(1)(A), Aug. 8, 2005, 119 Stat. 934.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 661, Pub. L. 86-599, Sec. 1, July 7, 1960, 74
    Stat. 336, defined terms for purposes of this chapter, prior to
    repeal by Pub. L. 109-58, title X, Sec. 1009(a)(1)(A), Aug. 8,
    2005, 119 Stat. 934.

-End-



-CITE-
    30 USC Sec. 662                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 18 - COAL RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 662. Powers and duties of Secretary

-STATUTE-
      The Secretary shall - 
        (1) develop through research, new and more efficient methods of
      mining, preparing, and utilizing coal;
        (2) contract for, sponsor, cosponsor, and promote the
      coordination of, research with recognized interested groups,
      including but not limited to, coal trade associations, coal
      research associations, educational institutions, and agencies of
      States and political subdivisions of States;
        (3) establish technical advisory committees composed of
      recognized experts in various aspects of coal research to assist
      in the examination and evaluation of research progress and of all
      research proposals and contracts and to insure the avoidance of
      duplication of research; and
        (4) cooperate to the fullest extent possible with other
      departments, agencies, and independent establishments of the
      Federal Government and with State governments, and with all other
      interested agencies, governmental and nongovernmental.

-SOURCE-
    (Pub. L. 86-599, Sec. 2, July 7, 1960, 74 Stat. 336; Pub. L. 109-
    58, title X, Sec. 1009(a)(1)(B), Aug. 8, 2005, 119 Stat. 934.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 struck out "shall establish within the
    Department of the Interior an Office of Coal Research, and through
    such Office" after "The Secretary" in introductory provisions.

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. Advisory
    committees established after Jan. 5, 1973, to terminate not later
    than the expiration of the 2-year period beginning on the date of
    their establishment, unless, in the case of a committee established
    by the President or an officer of the Federal Government, such
    committee is renewed by appropriate action prior to the expiration
    of such 2-year period, or in the case of a committee established by
    the Congress, its duration is otherwise provided by law. See
    section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

-End-



-CITE-
    30 USC Secs. 663, 664                                       01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 18 - COAL RESEARCH AND DEVELOPMENT

-HEAD-
    Secs. 663, 664. Repealed.

-MISC1-
    Secs. 663, 664. Repealed. Pub. L. 109-58, title X, Sec.
      1009(a)(1)(C), Aug. 8, 2005, 119 Stat. 934.
      Section 663, Pub. L. 86-599, Sec. 3, July 7, 1960, 74 Stat. 336,
    related to advisory committees appointed under provisions of
    chapter.
      Section 664, Pub. L. 86-599, Sec. 4 (part), July 7, 1960, 74
    Stat. 336, related to appointment of Director of Coal Research.

-End-



-CITE-
    30 USC Sec. 665                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 18 - COAL RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 665. Sites for conducting research; availability of personnel
      and facilities

-STATUTE-
      Research authorized by this chapter may be conducted wherever
    suitable personnel and facilities are available.

-SOURCE-
    (Pub. L. 86-599, Sec. 3, formerly Sec. 5, July 7, 1960, 74 Stat.
    337; renumbered Sec. 3, Pub. L. 109-58, title X, Sec.
    1009(a)(1)(D), Aug. 8, 2005, 119 Stat. 934.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3 of Pub. L. 86-599 was classified to section 663
    of this title, prior to repeal by Pub. L. 109-58, Sec.
    1009(a)(1)(C).

-End-



-CITE-
    30 USC Sec. 666                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 18 - COAL RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 666. Public-availability requirement; national defense; patent
      agreements

-STATUTE-
      No research shall be carried out, contracted for, sponsored,
    cosponsored, or authorized under authority of this chapter, unless
    all information, uses, products, processes, patents, and other
    developments resulting from such research will (with such
    exceptions and limitations, if any, as the Secretary may find to be
    necessary in the interest of national defense) be available to the
    general public. Whenever in the estimation of the Secretary the
    purposes of this chapter would be furthered through the use of
    patented processes or equipment, the Secretary is authorized to
    enter into such agreements as he deems necessary for the
    acquisition or use of such patents on reasonable terms and
    conditions.

-SOURCE-
    (Pub. L. 86-599, Sec. 4, formerly Sec. 6, July 7, 1960, 74 Stat.
    337; renumbered Sec. 4, Pub. L. 109-58, title X, Sec.
    1009(a)(1)(D), Aug. 8, 2005, 119 Stat. 934.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 4 of Pub. L. 86-599 was classified to section 664
    of this title, prior to repeal by Pub. L. 109-58, Sec.
    1009(a)(1)(C).

-End-



-CITE-
    30 USC Sec. 667                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 18 - COAL RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 667. Repealed.

-MISC1-
    Sec. 667. Repealed. Pub. L. 109-58, title X, Sec. 1009(a)(1)(C),
      Aug. 8, 2005, 119 Stat. 934.
      Section, Pub. L. 86-599, Sec. 7, July 7, 1960, 74 Stat. 337,
    related to reports to President and Congress.

-End-



-CITE-
    30 USC Sec. 668                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 18 - COAL RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 668. Authorization of appropriations

-STATUTE-
    (a) Fiscal year beginning July 1, 1960
      There is hereby authorized to be appropriated, out of any money
    in the Treasury not otherwise appropriated, to remain available
    until expended, not to exceed $2,000,000 to be used to carry out
    the purposes of this chapter for the fiscal year beginning July 1,
    1960.
    (b) Fiscal years beginning after June 30, 1961
      There are hereby authorized to be appropriated for each fiscal
    year beginning after June 30, 1961, such sums as may be necessary
    to carry out the purposes of this chapter.
    (c) Availability of sums
      Sums appropriated to carry out the purposes of this chapter shall
    remain available until expended.

-SOURCE-
    (Pub. L. 86-599, Sec. 5, formerly Sec. 8, July 7, 1960, 74 Stat.
    337; renumbered Sec. 5, Pub. L. 109-58, title X, Sec.
    1009(a)(1)(D), Aug. 8, 2005, 119 Stat. 934.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 5 of Pub. L. 86-599 was renumbered section 3 and
    is classified to section 665 of this title.

-End-


-CITE-
    30 USC CHAPTER 19 - LEAD AND ZINC STABILIZATION PROGRAM     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 19 - LEAD AND ZINC STABILIZATION PROGRAM

-HEAD-
             CHAPTER 19 - LEAD AND ZINC STABILIZATION PROGRAM         

-End-



-CITE-
    30 USC Secs. 681 to 689                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 19 - LEAD AND ZINC STABILIZATION PROGRAM

-HEAD-
    Secs. 681 to 689. Omitted

-COD-
                               CODIFICATION                           
      Section 681, Pub. L. 87-347, Sec. 1, Oct. 3, 1961, 75 Stat. 766,
    stated purpose of this chapter as establishment and maintenance of
    a program of stabilization payments (which terminated December 31,
    1969) to small domestic producers of lead and zinc ores and
    concentrates in order to stabilize the mining of lead and zinc by
    such producers. See note for section 687 below.
      Section 682, Pub. L. 87-347, Sec. 2, Oct. 3, 1961, 75 Stat. 766;
    Pub. L. 89-238, Sec. 1(1), Oct. 5, 1965, 79 Stat. 925, provided for
    stabilization payments (which terminated December 31, 1969) and
    conditions and limitations of payments. See note for section 687
    below.
      Section 683, Pub. L. 87-347, Sec. 3, Oct. 3, 1961, 75 Stat. 767;
    Pub. L. 89-238, Sec. 1(2), Oct. 5, 1965, 79 Stat. 925, provided for
    additional limitations on payments which terminated on December 31,
    1969. See note for section 687 below.
      Section 684, Pub. L. 87-347, Sec. 4, Oct. 3, 1961, 75 Stat. 767,
    authorized Secretary to promulgate such regulations and require
    such reports as deemed necessary to carry out program of
    stabilization payments (which terminated December 31, 1969) under
    this chapter. See note for section 687 below.
      Section 685, Pub. L. 87-347, Sec. 5, Oct. 3, 1961, 75 Stat. 768,
    authorized Secretary to delegate functions relating to
    stabilization payments (which terminated December 31, 1969) under
    this chapter to Administrator of General Services. See note for
    section 687 below.
      Section 686, Pub. L. 87-347, Sec. 6, Oct. 3, 1961, 75 Stat. 768;
    Pub. L. 88-75, July 25, 1963, 77 Stat. 92; Pub. L. 89-238, Sec.
    1(3), Oct. 5, 1965, 79 Stat. 925, defined terms as used in this
    chapter relating to stabilization payments which terminated
    December 31, 1969. See note for section 687 below.
      Section 687, Pub. L. 87-347, Sec. 7, Oct. 3, 1961, 75 Stat. 768;
    Pub. L. 89-238, Sec. 1(4), Oct. 5, 1965, 79 Stat. 925, provided
    that no payment be made under this chapter after Dec. 31, 1969, but
    permitted authorized payment only if application therefor was filed
    not later than Mar. 31, 1970.
      Section 688, Pub. L. 87-347, Sec. 8, Oct. 3, 1961, 75 Stat. 768,
    required annual reports to Congress on operations relating to
    stabilization payments (which terminated December 31, 1969) under
    this chapter not later than first day of March each year. See note
    for section 687 above.
      Section 689, Pub. L. 87-347, Sec. 9, Oct. 3, 1961, 75 Stat. 768;
    Pub. L. 89-238, Sec. 1(5), Oct. 5, 1965, 79 Stat. 925, related to
    penalties for procuring a stabilization payment (which terminated
    December 31, 1969) not entitled to under this chapter and civil and
    criminal liability for keeping a payment not entitled to under this
    chapter. See note for section 687 above.

-End-


-CITE-
    30 USC CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF
           UNPATENTED MINING CLAIMS                        01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-
     CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS 

-MISC1-
    Sec.                                                     
    701.        Authorization to convey; acreage limitations;
                 qualified applicants; payment; "qualified officer of
                 the United States" defined.                          
    702.        "Qualified applicant" defined.                        
    703.        Withdrawal of lands in aid of a governmental unit.    
    704.        Purchase of substitute lands; limitations; conditions;
                 payment; conveyance of less than a fee.              
    705.        Purchase price of conveyed interest; installment
                 payments.                                            
    706.        Liabilities of occupants; trespass; limitations.      
    707.        Reservation of mineral rights.                        
    708.        Assignments; succession.                              
    709.        Disposition of payments and fees.                     

-End-



-CITE-
    30 USC Sec. 701                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-
    Sec. 701. Authorization to convey; acreage limitations; qualified
      applicants; payment; "qualified officer of the United States"
      defined

-STATUTE-
      The Secretary of the Interior may convey to any occupant of an
    unpatented mining claim which is determined by the Secretary to be
    invalid an interest, up to and including a fee simple, in and to an
    area within the claim of not more than (a) five acres or (b) the
    acreage actually occupied by him, whichever is less. The Secretary
    may make a like conveyance to any occupant of an unpatented mining
    claim who, after notice from a qualified officer of the United
    States that the claim is believed to be invalid, relinquishes to
    the United States all rights in and to such claim which he may have
    under the mining laws. Any conveyance authorized by this section,
    however, shall be made only to a qualified applicant, as that term
    is defined in section 702 of this title, who applies therefor
    within the period ending June 30, 1971, and upon payment of an
    amount established in accordance with section 705 of this title.
      As used in this section, the term "qualified officer of the
    United States" means the Secretary of the Interior or an employee
    of the Department of the Interior so designated by him: Provided,
    That the Secretary may delegate his authority to designate
    qualified officers to the head of any other department or agency of
    the United States with respect to lands within the administrative
    jurisdiction of that department or agency.

-SOURCE-
    (Pub. L. 87-851, Sec. 1, Oct. 23, 1962, 76 Stat. 1127; Pub. L. 90-
    111, Sec. 1, Oct. 23, 1967, 81 Stat. 311.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws, referred to in text, are classified generally to
    this title.


-MISC1-
                                AMENDMENTS                            
      1967 - Pub. L. 90-111 extended from Oct. 23, 1967, to June 30,
    1971, the period in which qualified individuals shall apply for
    conveyances authorized by this section.

-End-



-CITE-
    30 USC Sec. 702                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-
    Sec. 702. "Qualified applicant" defined

-STATUTE-
      For the purposes of this chapter a qualified applicant is a
    residential occupant-owner, as of October 23, 1962, of valuable
    improvements in an unpatented mining claim which constitute for him
    a principal place of residence and which he and his predecessors in
    interest were in possession of for not less than seven years prior
    to July 23, 1962.

-SOURCE-
    (Pub. L. 87-851, Sec. 2, Oct. 23, 1962, 76 Stat. 1127.)

-End-



-CITE-
    30 USC Sec. 703                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-
    Sec. 703. Withdrawal of lands in aid of a governmental unit

-STATUTE-
      Where the lands for which application is made under section 701
    of this title have been withdrawn in aid of a function of a Federal
    department or agency other than the Department of the Interior, or
    of a State, county, municipality, water district, or other local
    governmental subdivision or agency, the Secretary of the Interior
    may convey an interest therein only with the consent of the head of
    the governmental unit concerned and under such terms and conditions
    as said head may deem necessary.

-SOURCE-
    (Pub. L. 87-851, Sec. 3, Oct. 23, 1962, 76 Stat. 1127.)

-End-



-CITE-
    30 USC Sec. 704                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-
    Sec. 704. Purchase of substitute lands; limitations; conditions;
      payment; conveyance of less than a fee

-STATUTE-
      (a) If the Secretary of the Interior determines that conveyance
    of an interest under section 701 of this title is otherwise
    justified but the consent required by section 703 of this title is
    not given, he may, in accordance with such procedural rules and
    regulations as he may prescribe, grant the applicant a right to
    purchase, for residential use, an interest in another tract of
    land, five acres or less in area, from tracts made available by him
    for sale under this chapter (1) from the unappropriated and
    unreserved lands of the United States, or (2) from lands subject to
    classification under section 315f of title 43. Said right shall not
    be granted until arrangements satisfactory to the Secretary have
    been made for termination of the applicant's occupancy of his
    unpatented mining claim and for settlement of any liability for the
    unauthorized use thereof which may have been incurred and shall
    expire five years from the date on which it was granted unless
    sooner exercised. The amount to be paid for the interest shall be
    determined in accordance with section 705 of this title.
      (b) Any conveyance of less than a fee made under this chapter
    shall include provision for removal from the tract of any
    improvements or other property of the applicant at the close of the
    period for which the conveyance is made, or if it be an interest
    terminating on the death of the applicant, within one year
    thereafter.

-SOURCE-
    (Pub. L. 87-851, Sec. 4, Oct. 23, 1962, 76 Stat. 1127.)

-End-



-CITE-
    30 USC Sec. 705                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-
    Sec. 705. Purchase price of conveyed interest; installment payments

-STATUTE-
      The Secretary of the Interior, prior to any conveyance under this
    chapter, shall determine the fair market value of the interest to
    be conveyed, exclusive of the value of any improvements placed on
    the lands involved by the applicant or his predecessors in
    interest. Said value shall be determined as of the date of
    appraisal. In establishing the purchase price to be paid by the
    applicant for the interest, the Secretary shall take into
    consideration any equities of the applicant and his predecessors in
    interest, including conditions of prior use and occupancy. In any
    event the purchase price for any interest conveyed shall not exceed
    its fair market value nor be less than $5 per acre. The Secretary
    may, in his discretion, allow payment to be made in installments.

-SOURCE-
    (Pub. L. 87-851, Sec. 5, Oct. 23, 1962, 76 Stat. 1128.)

-End-



-CITE-
    30 USC Sec. 706                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-
    Sec. 706. Liabilities of occupants; trespass; limitations

-STATUTE-
      (a) The execution of a conveyance as authorized by section 701 of
    this title shall not relieve any occupant of the land conveyed of
    any liability, existing on the date of said conveyance, to the
    United States for unauthorized use of the land in and to which an
    interest is conveyed.
      (b) Except where a mining claim embracing land applied for under
    this chapter by a qualified applicant was located at a time when
    the land included therein was withdrawn or otherwise not subject to
    such location, no trespass charges shall be sought or collected by
    the United States from any qualified applicant who has filed an
    application for land in the mining claim pursuant to this chapter,
    based upon occupancy of such claim, whether residential or
    otherwise, for any period preceding the final administrative
    determination of the invalidity of the mining claim by the
    Secretary of the Interior or the voluntary relinquishment of the
    mining claim, whichever occurs earlier. Nothing contained in this
    chapter shall be construed as creating any liability for trespass
    to the United States which would not exist in the absence of this
    chapter. Relief under this section shall be limited to persons who
    file applications for conveyances pursuant to section 701 of this
    title within the period ending June 30, 1971.

-SOURCE-
    (Pub. L. 87-851, Sec. 6, Oct. 23, 1962, 76 Stat. 1128; Pub. L. 90-
    111, Sec. 2, Oct. 23, 1967, 81 Stat. 311.)


-MISC1-
                                AMENDMENTS                            
      1967 - Subsec. (b). Pub. L. 90-111 extended from Oct. 23, 1967 to
    June 30, 1971, the period in which relief shall be accorded under
    this section to individuals who apply for conveyances pursuant to
    section 701 of this title.

-End-



-CITE-
    30 USC Sec. 707                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-
    Sec. 707. Reservation of mineral rights

-STATUTE-
      In any conveyance under this chapter the mineral interests of the
    United States in the lands conveyed are reserved for the term of
    the estate conveyed. Minerals locatable under the mining laws or
    disposable under subchapter I of chapter 15 of this title, are
    withdrawn from all forms of entry and appropriation for the term of
    the estate. The underlying oil, gas, and other leasable minerals of
    the United States are reserved for exploration and development
    purposes, but without the right of surface ingress and egress, and
    may be leased by the Secretary under the mineral leasing laws.

-SOURCE-
    (Pub. L. 87-851, Sec. 7, Oct. 23, 1962, 76 Stat. 1128.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws and the mineral leasing laws, referred to in
    text, are classified generally to this title.

-End-



-CITE-
    30 USC Sec. 708                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-
    Sec. 708. Assignments; succession

-STATUTE-
      Rights and privileges to qualify as an applicant under this
    chapter shall not be assignable, but may pass through devise or
    descent.

-SOURCE-
    (Pub. L. 87-851, Sec. 8, Oct. 23, 1962, 76 Stat. 1128.)

-End-



-CITE-
    30 USC Sec. 709                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 20 - CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS

-HEAD-
    Sec. 709. Disposition of payments and fees

-STATUTE-
      Payments of filing fees and survey costs, and the payments of the
    purchase price for patents in fee shall be disposed of by the
    Secretary of the Interior as are such fees, costs, and purchase
    prices in the disposition of public lands. All payments and fees
    for occupancy in conveyances of less than the fee, or for permits
    for life or shorter periods, shall be disposed of by the
    administering department or agency as are other receipts for the
    use of the lands involved.

-SOURCE-
    (Pub. L. 87-851, Sec. 9, Oct. 23, 1962, 76 Stat. 1128.)

-End-


-CITE-
    30 USC CHAPTER 21 - METAL AND NONMETALLIC MINE SAFETY       01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 21 - METAL AND NONMETALLIC MINE SAFETY

-HEAD-
              CHAPTER 21 - METAL AND NONMETALLIC MINE SAFETY          

-End-



-CITE-
    30 USC Secs. 721 to 740                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 21 - METAL AND NONMETALLIC MINE SAFETY

-HEAD-
    Secs. 721 to 740. Repealed.

-MISC1-
    Secs. 721 to 740. Repealed. Pub. L. 95-164, title III, Sec. 306(a),
      Nov. 9, 1977, 91 Stat. 1322.
      This chapter, covering the operation of only metal and
    nonmetallic mines, is covered by section 801 et seq. of this title
    following the enactment of Pub. L. 95-164 which brought the
    operation of all coal and other mines under a single legislative
    canopy.
      Section 721, Pub. L. 89-577, Sec. 2, Sept. 16, 1966, 80 Stat.
    772, defined "commerce", "mine", "operator", "Secretary", and
    "Board". See section 802 of this title.
      Section 722, Pub. L. 89-577, Sec. 3, Sept. 16, 1966, 80 Stat.
    773, described mines to be covered and empowered Secretary of the
    Interior to decline jurisdiction if effect of the mine on commerce
    was not sufficiently substantial. See section 801 et seq. of this
    title.
      Section 723, Pub. L. 89-577, Sec. 4, Sept. 16, 1966, 80 Stat.
    773, related to investigations of metal and nonmetallic mines to
    obtain information relating to health and safety conditions. See
    section 811 of this title.
      Section 724, Pub. L. 89-577, Sec. 5, Sept. 16, 1966, 80 Stat.
    773, related to admission of investigators to mines. See section
    813 of this title.
      Section 725, Pub. L. 89-577, Sec. 6, Sept. 16, 1966, 80 Stat.
    774, related to development of health and safety standards. See
    section 811 of this title.
      Section 726, Pub. L. 89-577, Sec. 7, Sept. 16, 1966, 80 Stat.
    775, related to advisory committees. See section 812 of this title.
      Section 727, Pub. L. 89-577, Sec. 8, Sept. 16, 1966, 80 Stat.
    775, related to findings and orders. See section 814 of this title.
      Section 728, Pub. L. 89-577, Sec. 9, Sept. 16, 1966, 80 Stat.
    777, related to review of orders by Secretary of the Interior. See
    section 815 of this title.
      Section 729, Pub. L. 89-577, Sec. 10, Sept. 16, 1966, 80 Stat.
    778, created Federal Metal and Nonmetallic Mine Safety Board of
    Review. See section 823 of this title.
      Section 730, Pub. L. 89-577, Sec. 11, Sept. 16, 1966, 80 Stat.
    779, related to review functions of Federal Metal and Nonmetallic
    Mine Safety Board of Review. See section 823 of this title.
      Section 731, Pub. L. 89-577, Sec. 12, Sept. 16, 1966, 80 Stat.
    781, related to judicial review of final orders of Federal Metal
    and Nonmetallic Mine Safety Board of Review. See section 816 of
    this title.
      Section 732, Pub. L. 89-577, Sec. 13, Sept. 16, 1966, 80 Stat.
    782, related to accident and related reports to Secretary of the
    Interior. See section 813 of this title.
      Section 733, Pub. L. 89-577, Sec. 14, Sept. 16, 1966, 80 Stat.
    782, related to penalties to be imposed for violations of the
    chapter. See section 820 of this title.
      Section 734, Pub. L. 89-577, Sec. 15, Sept. 16, 1966, 80 Stat.
    782, related to programs of education and training for employers
    and employees. See section 825 of this title.
      Section 735, Pub. L. 89-577, Sec. 16, Sept. 16, 1966, 80 Stat.
    782, related to State plans and cooperation with State agencies.
    See section 811 of this title.
      Section 736, Pub. L. 89-577, Sec. 17, Sept. 16, 1966, 80 Stat.
    783, related to administration of chapter by Bureau of Mines of
    Department of the Interior. See section 557a of Title 29, Labor.
      Section 737, Pub. L. 89-577, Sec. 18, Sept. 16, 1966, 80 Stat.
    784, related to non-applicability of Administrative Procedure Act
    to proceedings under chapter. See section 815 of this title.
      Section 738, Pub. L. 89-577, Sec. 19, Sept. 16, 1966, 80 Stat.
    784, related to effect of chapter on State laws. See section 811 of
    this title.
      Section 739, Pub. L. 89-577, Sec. 20, Sept. 16, 1966, 80 Stat.
    784, related to annual report of Secretary of the Interior to
    Congress. See section 557a of Title 29, Labor.
      Section 740, Pub. L. 89-577, Sec. 21, Sept. 16, 1966, 80 Stat.
    784, authorized appropriations necessary to carry out chapter. See
    section 824 of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 120 days after Nov. 9, 1977, see section 307 of
    Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of this title.

-End-




-CITE-    
    30 USC CHAPTER 22 - MINE SAFETY AND HEALTH                  01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-
                    CHAPTER 22 - MINE SAFETY AND HEALTH                

-MISC1-
    Sec.                                                     
    801.        Congressional findings and declaration of purpose.    
    802.        Definitions.                                          
    803.        Mines subject to coverage.                            
    804.        Interim Compliance Panel.                             

                          SUBCHAPTER I - GENERAL                      
    811.        Mandatory safety and health standards.                
    812.        Advisory committees.                                  
    813.        Inspections, investigations, and recordkeeping.       
    814.        Citations and orders.                                 
    815.        Procedure for enforcement.                            
    816.        Judicial review of Commission orders.                 
    817.        Procedures to counteract dangerous conditions.        
    818.        Injunctions.                                          
    819.        Posting of orders and decisions.                      
    820.        Penalties.                                            
    821.        Entitlement of miners to full compensation.           
    822.        Representation of Secretary in civil litigation by
                 Solicitor of Labor.                                  
    823.        Federal Mine Safety and Health Review Commission.     
    823a.       Principal office in District of Columbia; proceedings
                 held elsewhere.                                      
    824.        Authorization of appropriations.                      
    825.        Mandatory health and safety training.                 
    826.        Limitation on certain liability for rescue operations.

            SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS        
    841.        Mandatory health standards for underground mines;
                 enforcement; review; purpose.                        
    842.        Dust concentration and respiratory equipment.         
    843.        Medical examinations.                                 
    844.        Rock dust and gas hazards; controls.                  
    845.        Dust standards in presence of quartz.                 
    846.        Noise standards; promulgation of new standards; tests;
                 procedures; protective devices.                      

    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
                                COAL MINES
    861.        Mandatory safety standards for underground mines.     
    862.        Roof support.                                         
    863.        Ventilation.                                          
    864.        Combustible materials and rock dusting.               
    865.        Electrical equipment.                                 
    866.        Trailing cables.                                      
    867.        Grounding of equipment.                               
    868.        Underground high-voltage distribution.                
    869.        Underground low- and medium-voltage alternating
                 current circuits.                                    
    870.        Trolley wires and trolley feeder wires.               
    871.        Fire protection.                                      
    872.        Maps.                                                 
    873.        Blasting and explosives.                              
    874.        Hoisting and mantrips.                                
    875.        Emergency shelters; construction; contents;
                 implementation plans.                                
    876.        Communication facilities; locations and emergency
                 response plans.                                      
    877.        General safety provisions.                            
    878.        Definitions.                                          

                    SUBCHAPTER IV - BLACK LUNG BENEFITS                

                        PART A - GENERAL PROVISIONS                    
    901.        Congressional findings and declaration of purpose;
                 short title.                                         
    902.        Definitions.                                          
    903.        Field offices.                                        
    904.        Repealed.                                             

     PART B - CLAIMS FOR BENEFITS FILED ON OR BEFORE DECEMBER 31, 1973 
    921.        Regulations and presumptions.                         
    922.        Payment of benefits.                                  
    923.        Filing of notice of claim.                            
    924.        Time for filing claims.                               
    924a.       Repealed.                                             
    925.        Procedure for the determination of claims during
                 transition period.                                   

           PART C - CLAIMS FOR BENEFITS AFTER DECEMBER 31, 1973       
    931.        Benefits under State workmen's compensation laws.     
    932.        Failure to meet workmen's compensation requirements.  
    932a.       Appointment of qualified individuals to hear and
                 determine claims for benefits.                       
    933.        Duties of operators in States not qualifying under
                 workmen's compensation laws.                         
    934.        "Fund" defined; liability of operators to United
                 States for repayments to fund; procedures applicable;
                 rate of interest.                                    
    934a.       Repealed.                                             
    935.        Utilization of services of State and local agencies.  
    936.        Regulations and reports.                              
    937.        Contracts and grants.                                 
    938.        Miners suffering from pneumoconiosis; discrimination
                 prohibited.                                          
    939.        Authorization of appropriations.                      
    940.        Applicability of amendments to part B of this
                 subchapter to this part.                             
    941.        Penalty for false statements or representations.      
    942.        Miner benefit entitlement reports; penalty for failure
                 or refusal to file.                                  
    943.        Black lung insurance program.                         
    944.        Statement of reasons for denial of claim.             
    945.        Repealed.                                             

                 SUBCHAPTER V - ADMINISTRATIVE PROVISIONS             
    951.        Studies and research.                                 
    951a.       Health, Safety, and Mining Technology Research
                 program.                                             
    952.        Training and education.                               
    953.        Assistance to States.                                 
    954.        Appointment of administrative personnel and
                 inspectors; qualifications; training programs.       
    955.        State laws.                                           
    956.        Applicability of administrative procedure provisions. 
    957.        Promulgation of regulations.                          
    958.        Annual reports to Congress; contents.                 
    959.        Study of coordination of Federal and State activities;
                 report.                                              
    960.        Limitation on issuance of temporary restraining order
                 or preliminary injunction.                           
    961.        Functions transferred under 1977 amendments.          
    962.        Acceptance of contributions and prosecution of
                 projects; cooperative programs to promote health and
                 safety education and training; recognition and
                 funding of Joseph A. Holmes Safety Association; use
                 of funds for costs of mine rescue and survival
                 operations.                                          
    963.        Technical Study Panel.                                
    964.        Scholarships.                                         
    965.        Brookwood-Sago Mine Safety Grants.                    

-End-



-CITE-
    30 USC Sec. 801                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-
    Sec. 801. Congressional findings and declaration of purpose

-STATUTE-
      Congress declares that - 
        (a) the first priority and concern of all in the coal or other
      mining industry must be the health and safety of its most
      precious resource - the miner;
        (b) deaths and serious injuries from unsafe and unhealthful
      conditions and practices in the coal or other mines cause grief
      and suffering to the miners and to their families;
        (c) there is an urgent need to provide more effective means and
      measures for improving the working conditions and practices in
      the Nation's coal or other mines in order to prevent death and
      serious physical harm, and in order to prevent occupational
      diseases originating in such mines;
        (d) the existence of unsafe and unhealthful conditions and
      practices in the Nation's coal or other mines is a serious
      impediment to the future growth of the coal or other mining
      industry and cannot be tolerated;
        (e) the operators of such mines with the assistance of the
      miners have the primary responsibility to prevent the existence
      of such conditions and practices in such mines;
        (f) the disruption of production and the loss of income to
      operators and miners as a result of coal or other mine accidents
      or occupationally caused diseases unduly impedes and burdens
      commerce; and
        (g) it is the purpose of this chapter (1) to establish interim
      mandatory health and safety standards and to direct the Secretary
      of Health and Human Services and the Secretary of Labor to
      develop and promulgate improved mandatory health or safety
      standards to protect the health and safety of the Nation's coal
      or other miners; (2) to require that each operator of a coal or
      other mine and every miner in such mine comply with such
      standards; (3) to cooperate with, and provide assistance to, the
      States in the development and enforcement of effective State coal
      or other mine health and safety programs; and (4) to improve and
      expand, in cooperation with the States and the coal or other
      mining industry, research and development and training programs
      aimed at preventing coal or other mine accidents and
      occupationally caused diseases in the industry.

-SOURCE-
    (Pub. L. 91-173, Sec. 2, Dec. 30, 1969, 83 Stat. 742; Pub. L. 95-
    164, title I, Sec. 102(a), Nov. 9, 1977, 91 Stat. 1290; Pub. L. 96-
    88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in par. (g), was in the original "this
    Act", meaning Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, known as
    the Federal Mine Safety and Health Act of 1977, which is classified
    principally to this chapter. For complete classification of this
    Act to the Code, see Short Title note set out below and Tables.


-MISC1-
                                AMENDMENTS                            
      1977 - Pars. (a) to (d), (f). Pub. L. 95-164, Sec. 102(a)(1),
    inserted "or other" after "coal" wherever appearing.
      Par. (g). Pub. L. 95-164, Sec. 102(a)(1), (2), inserted "or
    other" after "coal" wherever appearing and substituted "Secretary
    of Labor" for "Secretary of the Interior".

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in par. (g) pursuant
    to section 509(b) of Pub. L. 96-88 which is classified to section
    3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Section 307 of Pub. L. 95-164 provided that: "Except as otherwise
    provided, this Act and the amendments made by this Act [see Short
    Title of 1977 Amendment note below] shall take effect 120 days
    after the date of enactment of this Act [Nov. 9, 1977]. The
    Secretary of Labor and the Secretary of the Interior are authorized
    to establish such rules and regulations as may be necessary for the
    efficient transfer of functions provided under this Act. The
    amendment to the Federal Coal Mine Health and Safety Act of 1969
    made by section 202 of this Act [amending section 842(e) of this
    title and repealing subsec. (k) of section 878 of this title] shall
    be effective on the date of enactment [Nov. 9, 1977]."

                              EFFECTIVE DATE                          
      Section 509 of Pub. L. 91-173 provided that: "Except to the
    extent an earlier date is specifically provided in this Act [see
    Short Title note below], the provisions of titles I and III of this
    Act [subchapters I and III of this chapter] shall become operative
    ninety days after the date of enactment of this Act [Dec. 30,
    1969], and the provisions of title II of this Act [subchapter II of
    this chapter] shall become operative six months after the date of
    enactment of this Act. The provisions of the Federal Coal Mine
    Safety Act, as amended [section 451 et seq. of this title], are
    repealed on the operative date of titles I and III of this Act
    except that such provisions shall continue to apply to any order,
    notice, decision, or finding issued under that Act prior to such
    operative date and to any proceedings related to such order,
    notice, decision or findings. All other provisions of this Act,
    shall be effective on the date of enactment of this Act [Dec. 30,
    1969]."

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-236, Sec. 1, June 15, 2006, 120 Stat. 493, provided
    that: "This Act [enacting sections 826 and 963 to 965 of this
    title, amending sections 813, 818, 820, 825, and 876 of this title
    and section 671 of Title 29, Labor, and enacting provisions set out
    as notes under this section and sections 811 and 820 of this title]
    may be cited as the 'Mine Improvement and New Emergency Response
    Act of 2006' or the 'MINER Act'."

                       SHORT TITLE OF 2002 AMENDMENT                   
      Pub. L. 107-275, Sec. 1, Nov. 2, 2002, 116 Stat. 1925, provided
    that: "This Act [amending sections 902, 921 to 924, 925, 932a, and
    936 of this title, repealing sections 904, 924a, and 945 of this
    title, and enacting provisions set out as notes under sections 902
    and 921 of this title] may be cited as the 'Black Lung
    Consolidation of Administrative Responsibility Act'."

                       SHORT TITLE OF 1981 AMENDMENT                   
      Pub. L. 97-119, title II, Sec. 201(a), Dec. 29, 1981, 95 Stat.
    1643, provided that: "This title [amending sections 901, 902, 921
    to 923, 932, and 940 of this title and enacting provisions set out
    as notes under section 901 of this title] may be cited as the
    'Black Lung Benefits Amendments of 1981'."

                       SHORT TITLE OF 1978 AMENDMENT                   
      Pub. L. 95-239, Sec. 1, Mar. 1, 1978, 92 Stat. 95, provided that:
    "This Act [enacting sections 903, 904, 924a, and 942 to 945 of this
    title, amending sections 901, 902, 921 to 924, 931, 932, 933, 937,
    940, and 941 of this title, and enacting provisions set out as
    notes under sections 901, 932a, and 934a of this title, section
    4121 of Title 26, Internal Revenue Code, and section 675 of Title
    29, Labor] may be cited as the 'Black Lung Benefits Reform Act of
    1977'."

                       SHORT TITLE OF 1977 AMENDMENT                   
      Section 1 of Pub. L. 95-164 provided: "That this Act [enacting
    sections 822 to 825 and 961 of this title and section 557a of Title
    29, Labor, amending this section, sections 802 to 804, 811 to 821,
    842, 861, 878, 951 to 955, 958, and 959 of this title, and sections
    5314 and 5315 of Title 5, Government Organization and Employees,
    repealing sections 721 to 740 of this title and section 1456a of
    Title 43, Public Lands, and enacting provisions set out as notes
    under this section, section 954 of this title and section 11 of
    former Title 31, Money and Finance] may be cited as the 'Federal
    Mine Safety and Health Amendments Act of 1977'."

                       SHORT TITLE OF 1972 AMENDMENT                   
      Pub. L. 92-303, Sec. 1(a), May 19, 1972, 86 Stat. 150, provided:
    "That this Act [enacting sections 925 and 937 to 941 of this title,
    amending sections 901, 902, 921 to 924, 931, 932, 933, 934, and 936
    of this title, and enacting provisions set out as notes under
    sections 921 to 923 of this title] may be cited as the 'Black Lung
    Benefits Act of 1972'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 91-173, as amended by Pub. L. 95-164, title
    I, Sec. 101, Nov. 9, 1977, 91 Stat. 1290, provided: "That this Act
    [which was known as the Federal Coal Mine Health and Safety Act of
    1969 prior to the amendment by Pub. L. 95-164 and which enacted
    this chapter, amended sections 633 and 636 of Title 15, Commerce
    and Trade, repealed sections 451 to 460 and 471 to 483 of this
    title, and enacted provisions set out as notes under this section
    and section 636 of Title 15] may be cited as the 'Federal Mine
    Safety and Health Act of 1977'."
      For short title of subchapter IV of this chapter as the "Black
    Lung Benefits Act", see section 901(b) of this title.

                               SEPARABILITY                           
      Section 510 of Pub. L. 91-173 provided that: "If any provision of
    this Act [see Short Title note set out above], or the application
    of such provision to any person or circumstance shall be held
    invalid, the remainder of this Act, or the application of such
    provision to persons or circumstances other than those as to which
    it is held invalid, shall not be affected thereby."

                  REQUIREMENT CONCERNING FAMILY LIAISONS              
      Pub. L. 109-236, Sec. 7, June 15, 2006, 120 Stat. 500, provided
    that: "The Secretary of Labor shall establish a policy that - 
        "(1) requires the temporary assignment of an individual
      Department of Labor official to be a liaison between the
      Department and the families of victims of mine tragedies
      involving multiple deaths;
        "(2) requires the Mine Safety and Health Administration to be
      as responsive as possible to requests from the families of mine
      accident victims for information relating to mine accidents; and
        "(3) requires that in such accidents, that the Mine Safety and
      Health Administration shall serve as the primary communicator
      with the operator, miners' families, the press and the public."

-End-



-CITE-
    30 USC Sec. 802                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-
    Sec. 802. Definitions

-STATUTE-
      For the purpose of this chapter, the term - 
        (a) "Secretary" means the Secretary of Labor or his delegate;
        (b) "commerce" means trade, traffic, commerce, transportation,
      or communication among the several States, or between a place in
      a State and any place outside thereof, or within the District of
      Columbia or a possession of the United States, or between points
      in the same State but through a point outside thereof;
        (c) "State" includes a State of the United States, the District
      of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
      American Samoa, Guam, and the Trust Territory of the Pacific
      Islands;
        (d) "operator" means any owner, lessee, or other person who
      operates, controls, or supervises a coal or other mine or any
      independent contractor performing services or construction at
      such mine;
        (e) "agent" means any person charged with responsibility for
      the operation of all or a part of a coal or other mine or the
      supervision of the miners in a coal or other mine;
        (f) "person" means any individual, partnership, association,
      corporation, firm, subsidiary of a corporation, or other
      organization;
        (g) "miner" means any individual working in a coal or other
      mine;
        (h)(1) "coal or other mine" means (A) an area of land from
      which minerals are extracted in nonliquid form or, if in liquid
      form, are extracted with workers underground, (B) private ways
      and roads appurtenant to such area, and (C) lands, excavations,
      underground passageways, shafts, slopes, tunnels and workings,
      structures, facilities, equipment, machines, tools, or other
      property including impoundments, retention dams, and tailings
      ponds, on the surface or underground, used in, or to be used in,
      or resulting from, the work of extracting such minerals from
      their natural deposits in nonliquid form, or if in liquid form,
      with workers underground, or used in, or to be used in, the
      milling of such minerals, or the work of preparing coal or other
      minerals, and includes custom coal preparation facilities. In
      making a determination of what constitutes mineral milling for
      purposes of this chapter, the Secretary shall give due
      consideration to the convenience of administration resulting from
      the delegation to one Assistant Secretary of all authority with
      respect to the health and safety of miners employed at one
      physical establishment;
        (2) For purposes of subchapters II, III, and IV of this
      chapter, "coal mine" means an area of land and all structures,
      facilities, machinery, tools, equipment, shafts, slopes, tunnels,
      excavations, and other property, real or personal, placed upon,
      under, or above the surface of such land by any person, used in,
      or to be used in, or resulting from, the work of extracting in
      such area bituminous coal, lignite, or anthracite from its
      natural deposits in the earth by any means or method, and the
      work of preparing the coal so extracted, and includes custom coal
      preparation facilities;
        (i) "work of preparing the coal" means the breaking, crushing,
      sizing, cleaning, washing, drying, mixing, storing, and loading
      of bituminous coal, lignite, or anthracite, and such other work
      of preparing such coal as is usually done by the operator of the
      coal mine;
        (j) "imminent danger" means the existence of any condition or
      practice in a coal or other mine which could reasonably be
      expected to cause death or serious physical harm before such
      condition or practice can be abated;
        (k) "accident" includes a mine explosion, mine ignition, mine
      fire, or mine inundation, or injury to, or death of, any person;
        (l) "mandatory health or safety standard" means the interim
      mandatory health or safety standards established by subchapters
      II and III of this chapter, and the standards promulgated
      pursuant to subchapter I of this chapter;
        (m) "Panel" means the Interim Compliance Panel established by
      this chapter; and
        (n) "Administration" means the Mine Safety and Health
      Administration in the Department of Labor.
        (o) "Commission" means the Federal Mine Safety and Health
      Review Commission.

-SOURCE-
    (Pub. L. 91-173, Sec. 3, Dec. 30, 1969, 83 Stat. 743; Pub. L. 95-
    164, title I, Sec. 102(b), Nov. 9, 1977, 91 Stat. 1290.)


-MISC1-
                                AMENDMENTS                            
      1977 - Par. (a). Pub. L. 95-164, Sec. 102(b)(1), substituted
    "Secretary of Labor" for "Secretary of the Interior".
      Par. (d). Pub. L. 95-164, Sec. 102(b)(2), (4), substituted
    "supervises a coal or other mine or any independent contractor
    performing services or construction at such mine" for "supervises a
    coal mine".
      Pars. (e), (g). Pub. L. 95-164, Sec. 102(b)(4), inserted "or
    other" after "coal" wherever appearing.
      Par. (h). Pub. L. 95-164, Sec. 102(b)(3), added subpar. (1),
    designated existing provisions as subpar. (2), and inserted "For
    purposes of subchapters II, III, and IV of this chapter," after
    "(2)".
      Par. (j). Pub. L. 95-164, Sec. 102(b)(4), inserted "or other"
    after "coal".
      Pars. (n), (o). Pub. L. 95-164, Sec. 102(b)(5), added pars. (n)
    and (o).

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-



-CITE-
    30 USC Sec. 803                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-
    Sec. 803. Mines subject to coverage

-STATUTE-
      Each coal or other mine, the products of which enter commerce, or
    the operations or products of which affect commerce, and each
    operator of such mine, and every miner in such mine shall be
    subject to the provisions of this chapter.

-SOURCE-
    (Pub. L. 91-173, Sec. 4, Dec. 30, 1969, 83 Stat. 744; Pub. L. 95-
    164, title I, Sec. 102(c), Nov. 9, 1977, 91 Stat. 1291.)


-MISC1-
                                AMENDMENTS                            
      1977 - Pub. L. 95-164 inserted "or other" after "coal".

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 804                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-
    Sec. 804. Interim Compliance Panel

-STATUTE-
    (a) Establishment; composition
      There is hereby established the Interim Compliance Panel, which
    shall be composed of five members as follows:
        (1) Assistant Secretary of Labor for Labor Standards,
      Department of Labor, or his delegate;
        (2) Director of the National Institute of Standards and
      Technology, Department of Commerce, or his delegate;
        (3) Administrator of Consumer Protection and Environmental
      Health Service, Department of Health and Human Services, or his
      delegate;
        (4) Director of the United States Bureau of Mines, Department
      of the Interior, or his delegate; and
        (5) Director of the National Science Foundation, or his
      delegate.
    (b) Compensation; travel and subsistence expenses
      Members of the Panel shall serve without compensation in addition
    to that received in their regular employment, but shall be entitled
    to reimbursement for travel, subsistence, and other necessary
    expenses incurred by them in the performance of duties vested in
    the Panel.
    (c) Cooperation of Federal agencies
      Notwithstanding any other provision of law, the Secretary of
    Health and Human Services, the Secretary of Commerce, the Secretary
    of the Interior, and the Secretary shall, upon request of the
    Panel, provide the Panel such personnel and other assistance as the
    Panel determines necessary to enable it to carry out its functions
    under this chapter.
    (d) Quorum; voting; selection of chairman
      Three members of the Panel shall constitute a quorum for doing
    business. All decisions of the Panel shall be by majority vote. The
    chairman of the Panel shall be selected by the members from among
    the membership thereof.
    (e) Appointment of administrative law judges; provisions applicable
      The Panel is authorized to appoint as many administrative law
    judges as are necessary for proceedings required to be conducted in
    accordance with the provisions of this chapter. The provisions
    applicable to administrative law judges appointed under section
    3105 of title 5 shall be applicable to administrative law judges
    appointed pursuant to this subsection.
    (f) Functions; hearings; notice and review; termination; annual
      report
      (1) It shall be the function of the Panel to carry out the duties
    imposed on it pursuant to this chapter and to provide an
    opportunity for a public hearing, after notice, at the request of
    an operator of the affected coal mine or the representative of the
    miners of such mine. Any operator or representative of miners
    aggrieved by a final decision of the Panel may file a petition for
    review of such decision under section 816 of this title. The
    provisions of this section shall terminate upon completion of the
    Panel's functions as set forth under this chapter. Any hearing held
    pursuant to this subsection shall be of record and the Panel shall
    make findings of fact and shall issue a written decision
    incorporating its findings therein in accordance with section 554
    of title 5.
      (2) The Panel shall make an annual report, in writing, to the
    Secretary for transmittal by him to the Congress concerning the
    achievement of its purposes, and any other relevant information
    (including any recommendations) which it deems appropriate.

-SOURCE-
    (Pub. L. 91-173, Sec. 5, Dec. 30, 1969, 83 Stat. 744; Pub. L. 95-
    164, title I, Sec. 102(d), Nov. 9, 1977, 91 Stat. 1291; Pub. L. 95-
    251, Sec. 2(a)(9), Mar. 27, 1978, 92 Stat. 183; Pub. L. 96-88,
    title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100-418,
    title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102-
    285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a)(2). Pub. L. 100-418 substituted "National
    Institute of Standards and Technology" for "Bureau of Standards".
      1978 - Subsec. (e). Pub. L. 95-251 substituted "administrative
    law judges" for "hearing examiners" wherever appearing.
      1977 - Subsec. (c). Pub. L. 95-164 substituted "Secretary of the
    Interior" for "Secretary of Labor".

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (a)(4) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.
      "Department of Health and Human Services" substituted for
    "Department of Health, Education, and Welfare" in subsec. (a) and
    "Secretary of Health and Human Services" substituted for "Secretary
    of Health, Education, and Welfare" in subsec. (c) pursuant to
    section 509(b) of Pub. L. 96-88 which is classified to section
    3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (f)(2) of this section relating to transmitting annual report to
    Congress, see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance, and
    page 114 of House Document No. 103-7.

-End-


-CITE-
    30 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-



-CITE-
    30 USC Sec. 811                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 811. Mandatory safety and health standards

-STATUTE-
    (a) Development, promulgation, and revision
      The Secretary shall by rule in accordance with procedures set
    forth in this section and in accordance with section 553 of title 5
    (without regard to any reference in such section to sections 556
    and 557 of such title), develop, promulgate, and revise as may be
    appropriate, improved mandatory health or safety standards for the
    protection of life and prevention of injuries in coal or other
    mines.
      (1) Whenever the Secretary, upon the basis of information
    submitted to him in writing by an interested person, a
    representative of any organization of employers or employees, a
    nationally recognized standards-producing organization, the
    Secretary of Health and Human Services, the National Institute for
    Occupational Safety and Health, or a State or political
    subdivision, or on the basis of information developed by the
    Secretary or otherwise available to him, determines that a rule
    should be promulgated in order to serve the objectives of this
    chapter, the Secretary may request the recommendation of an
    advisory committee appointed under section 812(c) of this title.
    The Secretary shall provide such an advisory committee with any
    proposals of his own or of the Secretary of Health and Human
    Services, together with all pertinent factual information developed
    by the Secretary or the Secretary of Health and Human Services, or
    otherwise available, including the results of research,
    demonstrations, and experiments. An advisory committee shall submit
    to the Secretary its recommendations regarding the rule to be
    promulgated within 60 days from the date of its appointment or
    within such longer or shorter period as may be prescribed by the
    Secretary, but in no event for a period which is longer than 180
    days. When the Secretary receives a recommendation, accompanied by
    appropriate criteria, from the National Institute for Occupational
    Safety and Health that a rule be promulgated, modified, or revoked,
    the Secretary must, within 60 days after receipt thereof, refer
    such recommendation to an advisory committee pursuant to this
    paragraph, or publish such as a proposed rule pursuant to paragraph
    (2), or publish in the Federal Register his determination not to do
    so, and his reasons therefor. The Secretary shall be required to
    request the recommendations of an advisory committee appointed
    under section 812(c) of this title if the rule to be promulgated
    is, in the discretion of the Secretary which shall be final, new in
    effect or application and has significant economic impact.
      (2) The Secretary shall publish a proposed rule promulgating,
    modifying, or revoking a mandatory health or safety standard in the
    Federal Register. If the Secretary determines that a rule should be
    proposed and in connection therewith has appointed an advisory
    committee as provided by paragraph (1), the Secretary shall publish
    a proposed rule, or the reasons for his determination not to
    publish such rule, within 60 days following the submission of the
    advisory committee's recommendation or the expiration of the period
    of time prescribed by the Secretary in such submission. In either
    event, the Secretary shall afford interested persons a period of 30
    days after any such publication to submit written data or comments
    on the proposed rule. Such comment period may be extended by the
    Secretary upon a finding of good cause, which the Secretary shall
    publish in the Federal Register. Publication shall include the text
    of such rules proposed in their entirety, a comparative text of the
    proposed changes in existing rules, and shall include a
    comprehensive index to the rules, cross-referenced by subject
    matter.
      (3) On or before the last day of the period provided for the
    submission of written data or comments under paragraph (2), any
    interested person may file with the Secretary written objections to
    the proposed mandatory health or safety standard, stating the
    grounds therefor and requesting a public hearing on such
    objections. Within 60 days after the last day for filing such
    objections, the Secretary shall publish in the Federal Register a
    notice specifying the mandatory health or safety standard to which
    objections have been filed and a hearing requested, and specifying
    a time and place for such hearing. Any hearing under this
    subsection for the purpose of hearing relevant information shall
    commence within 60 days after the date of publication of the notice
    of hearing. Hearings required by this subsection shall be conducted
    by the Secretary, who may prescribe rules and make rulings
    concerning procedures in such hearings to avoid unnecessary cost or
    delay. Subject to the need to avoid undue delay, the Secretary
    shall provide for procedures that will afford interested parties
    the right to participate in the hearing, including the right to
    present oral statements and to offer written comments and data. The
    Secretary may require by subpoena the attendance of witnesses and
    the production of evidence in connection with any proceeding
    initiated under this section. If a person refuses to obey a
    subpoena under this subsection, a United States district court
    within the jurisdiction of which a proceeding under this subsection
    is conducted may, upon petition by the Secretary, issue an order
    requiring compliance with such subpoena. A transcript shall be
    taken of any such hearing and shall be available to the public.
      (4)(A) Within 90 days after certification of the record of the
    hearing held pursuant to paragraph (3), the Secretary shall by rule
    promulgate, modify, or revoke such mandatory health or safety
    standards, and publish his reasons therefor.
      (B) In the case of a proposed mandatory health or safety standard
    to which objections requesting a public hearing have not been
    filed, the Secretary, within 90 days after the period for filing
    such objections has expired, shall by rule promulgate, modify, or
    revoke such mandatory standards, and publish his reasons therefor.
      (C) In the event the Secretary determines that a proposed
    mandatory health or safety standard should not be promulgated he
    shall, within the times specified in subparagraphs (A) and (B)
    publish his reasons for his determination.
      (5) Any mandatory health or safety standard promulgated as a
    final rule under this section shall be effective upon publication
    in the Federal Register unless the Secretary specifies a later
    date.
      (6)(A) The Secretary, in promulgating mandatory standards dealing
    with toxic materials or harmful physical agents under this
    subsection, shall set standards which most adequately assure on the
    basis of the best available evidence that no miner will suffer
    material impairment of health or functional capacity even if such
    miner has regular exposure to the hazards dealt with by such
    standard for the period of his working life. Development of
    mandatory standards under this subsection shall be based upon
    research, demonstrations, experiments, and such other information
    as may be appropriate. In addition to the attainment of the highest
    degree of health and safety protection for the miner, other
    considerations shall be the latest available scientific data in the
    field, the feasibility of the standards, and experience gained
    under this and other health and safety laws. Whenever practicable,
    the mandatory health or safety standard promulgated shall be
    expressed in terms of objective criteria and of the performance
    desired.
      (B) The Secretary of Health and Human Services, as soon as
    possible after November 9, 1977, but in no event later than 18
    months after such date and on a continuing basis thereafter, shall,
    for each toxic material or harmful physical agent which is used or
    found in a mine, determine whether such material or agent is
    potentially toxic at the concentrations in which it is used or
    found in a mine. The Secretary of Health and Human Services shall
    submit such determinations with respect to such toxic substances or
    harmful physical agents to the Secretary. Thereafter, the Secretary
    of Health and Human Services shall submit to the Secretary all
    pertinent criteria regarding any such substances determined to be
    toxic or any such harmful agents as such criteria are developed.
    Within 60 days after receiving any criteria in accordance with the
    preceding sentence relating to a toxic material or harmful physical
    agent which is not adequately covered by a mandatory health or
    safety standard promulgated under this section, the Secretary shall
    either appoint an advisory committee to make recommendations with
    respect to a mandatory health or safety standard covering such
    material or agent in accordance with paragraph (1), or publish a
    proposed rule promulgating such a mandatory health or safety
    standard in accordance with paragraph (2), or shall publish his
    determination not to do so.
      (7) Any mandatory health or safety standard promulgated under
    this subsection shall prescribe the use of labels or other
    appropriate forms of warning as are necessary to insure that miners
    are apprised of all hazards to which they are exposed, relevant
    symptoms and appropriate emergency treatment, and proper conditions
    and precautions of safe use or exposure. Where appropriate, such
    mandatory standard shall also prescribe suitable protective
    equipment and control or technological procedures to be used in
    connection with such hazards and shall provide for monitoring or
    measuring miner exposure at such locations and intervals, and in
    such manner so as to assure the maximum protection of miners. In
    addition, where appropriate, any such mandatory standard shall
    prescribe the type and frequency of medical examinations or other
    tests which shall be made available, by the operator at his cost,
    to miners exposed to such hazards in order to most effectively
    determine whether the health of such miners is adversely affected
    by such exposure. Where appropriate, the mandatory standard shall
    provide that where a determination is made that a miner may suffer
    material impairment of health or functional capacity by reason of
    exposure to the hazard covered by such mandatory standard, that
    miner shall be removed from such exposure and reassigned. Any miner
    transferred as a result of such exposure shall continue to receive
    compensation for such work at no less than the regular rate of pay
    for miners in the classification such miner held immediately prior
    to his transfer. In the event of the transfer of a miner pursuant
    to the preceding sentence, increases in wages of the transferred
    miner shall be based upon the new work classification. In the event
    such medical examinations are in the nature of research, as
    determined by the Secretary of Health and Human Services, such
    examinations may be furnished at the expense of the Secretary of
    Health and Human Services. The results of examinations or tests
    made pursuant to the preceding sentence shall be furnished only to
    the Secretary or the Secretary of Health and Human Services, and,
    at the request of the miner, to his designated physician.
      (8) The Secretary shall, to the extent practicable, promulgate
    separate mandatory health or safety standards applicable to mine
    construction activity on the surface.
      (9) No mandatory health or safety standard promulgated under this
    subchapter shall reduce the protection afforded miners by an
    existing mandatory health or safety standard.
    (b) Emergency temporary mandatory standards
      (1) The Secretary shall provide, without regard to the
    requirements of chapter 5 of title 5 for an emergency temporary
    mandatory health or safety standard to take immediate effect upon
    publication in the Federal Register if he determines (A) that
    miners are exposed to grave danger from exposure to substances or
    agents determined to be toxic or physically harmful, or to other
    hazards, and (B) that such emergency standard is necessary to
    protect miners from such danger.
      (2) A temporary mandatory health or safety standard shall be
    effective until superseded by a mandatory standard promulgated in
    accordance with the procedures prescribed in paragraph (3) of this
    subsection.
      (3) Upon publication of such standard in the Federal Register,
    the Secretary shall commence a proceeding in accordance with
    subsection (a) of this section, and the standards as published
    shall also serve as a proposed rule for the proceeding. The
    Secretary shall promulgate a mandatory health or safety standard
    under this paragraph no later than nine months after publication of
    the emergency temporary standard as provided in paragraph (2).
    (c) Modification of standards
      Upon petition by the operator or the representative of miners,
    the Secretary may modify the application of any mandatory safety
    standard to a coal or other mine if the Secretary determines that
    an alternative method of achieving the result of such standard
    exists which will at all times guarantee no less than the same
    measure of protection afforded the miners of such mine by such
    standard, or that the application of such standard to such mine
    will result in a diminution of safety to the miners in such mine.
    Upon receipt of such petition the Secretary shall publish notice
    thereof and give notice to the operator or the representative of
    miners in the affected mine, as appropriate, and shall cause such
    investigation to be made as he deems appropriate. Such
    investigation shall provide an opportunity for a public hearing at
    the request of such operator or representative or other interested
    party, to enable the operator or the representative of miners in
    such mine or other interested party to present information relating
    to the modification of such standard. Before granting any exception
    to a mandatory safety standard, the findings of the Secretary or
    his authorized representative shall be made public and shall be
    available to the representative of the miners at the affected mine.
    The Secretary shall issue a decision incorporating his findings of
    fact therein, and send a copy thereof to the operator or the
    representative of the miners, as appropriate. Any such hearing
    shall be of record and shall be subject to section 554 of title 5.
    (d) Judicial review
      Any person who may be adversely affected by a mandatory health or
    safety standard promulgated under this section may, at any time
    prior to the sixtieth day after such standard is promulgated, file
    a petition challenging the validity of such mandatory standard with
    the United States Court of Appeals for the District of Columbia
    Circuit or the circuit wherein such person resides or has his
    principal place of business, for a judicial review of such
    standard. A copy of the petition shall be forthwith transmitted by
    the clerk of the court to the Secretary. The filing of such
    petition shall not, unless otherwise ordered by the court, operate
    as a stay of the standard. No objection that has not been urged
    before the Secretary shall be considered by the court, unless the
    failure or neglect to urge such objection shall be excused for good
    cause shown. The validity of any mandatory health or safety
    standard shall not be subject to challenge on the grounds that any
    of the time limitations in this section have been exceeded. The
    procedures of this subsection shall be the exclusive means of
    challenging the validity of a mandatory health or safety standard.
    (e) Distribution of copies of proposed standards or regulations
      The Secretary shall send a copy of every proposed mandatory
    health or safety standard or regulation at the time of publication
    in the Federal Register to the operator of each coal or other mine
    and the representative of the miners at such mine and such copy
    shall be immediately posted on the bulletin board of the mine by
    the operator or his agent, but failure to receive such notice shall
    not relieve anyone of the obligation to comply with such standard
    or regulation.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 101, Dec. 30, 1969, 83 Stat. 745;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1291;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (a). Pub. L. 95-164 substituted provisions
    revising and setting out in detail the procedures to be followed by
    the Secretary of Labor in developing, promulgating, and revising
    mandatory health and safety standards covering coal and other mines
    for provisions which had charged the Secretary of the Interior with
    the responsibility of developing standards for the protection of
    life and the prevention of injuries in coal mines.
      Subsec. (b). Pub. L. 95-164 substituted provisions relating to
    emergency temporary mandatory standards for provisions requiring
    that improved standards not reduce the previously existing level of
    health and safety in coal mines.
      Subsec. (c). Pub. L. 95-164 substituted provisions relating to
    the modification of standards for provisions covering the
    consultative and research steps in the promulgation of safety
    standards.
      Subsec. (d). Pub. L. 95-164 substituted provisions relating to
    judicial review of standards for provisions covering the
    consultative and research steps in the promulgation of health
    standards.
      Subsec. (e). Pub. L. 95-164 redesignated subsec. (k) as (e) and
    substituted "proposed mandatory health or safety standard or
    regulation" for "proposed standard or regulation" and "coal or
    other mine" for "coal mine".
      Subsecs. (f) to (j). Pub. L. 95-164 struck out subsecs. (f) to
    (j) which had related to the submission of objections to proposed
    standards, hearings, the effective date of standards, mandatory
    standards for surface coal mines, and the publication of pre-
    existing consistent regulations in the Federal Register and the
    continuing effectiveness of those regulations until modified or
    superseded, and incorporated those provisions, as altered to apply
    to coal and other mines and as otherwise revised, into subsec. (a).
      Subsec. (k). Pub. L. 95-164 redesignated subsec. (k) as (e).

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (a)(1),
    (6)(B), and (7) pursuant to section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                              EFFECTIVE DATE                          
      Subchapter operative 90 days after Dec. 30, 1969, except to the
    extent an earlier date is specifically provided for in Pub. L. 91-
    173, see section 509 of Pub. L. 91-173, set out as a note under
    section 801 of this title.

                        SEALING OF ABANDONED AREAS                    
      Pub. L. 109-236, Sec. 10, June 15, 2006, 120 Stat. 501, provided
    that:"Not later than 18 months after the issuance by the Mine
    Safety and Health Administration of a final report on the Sago Mine
    accident or the date of enactment of the Mine Improvement and New
    Emergency Response Act of 2006 [June 15, 2006], whichever occurs
    earlier, the Secretary of Labor shall finalize mandatory heath and
    safety standards relating to the sealing of abandoned areas in
    underground coal mines. Such health and safety standards shall
    provide for an increase in the 20 psi standard currently set forth
    in section 75.335(a)(2) of title 30, Code of Federal Regulations."

-End-



-CITE-
    30 USC Sec. 812                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 812. Advisory committees

-STATUTE-
    (a) Committee on coal or other mine safety research; establishment;
      membership; chairman; functions; conflicts of interest
      (1) The Secretary of the Interior shall appoint an advisory
    committee on coal or other mine safety research composed of - 
        (A) the Director of the Office of Science and Technology or his
      delegate, with the consent of the Director;
        (B) the Director of the National Institute of Standards and
      Technology, Department of Commerce, or his delegate, with the
      consent of the Director;
        (C) the Director of the National Science Foundation, or his
      delegate, with the consent of the Director; and
        (D) such other persons as the Secretary of the Interior may
      appoint who are knowledgeable in the field of coal or other mine
      safety research.

    The Secretary of the Interior shall designate the chairman of the
    committee.
      (2) The advisory committee shall consult with, and make
    recommendations to, the Secretary of the Interior on matters
    involving or relating to coal or other mine safety research. The
    Secretary of the Interior shall consult with, and consider the
    recommendations of, such committee in the conduct of such research,
    the making of any grants, and the entering into of contracts for
    such research.
      (3) The chairman of the committee and a majority of the persons
    appointed by the Secretary of the Interior pursuant to paragraph
    (1)(D) shall be individuals who have no economic interests in the
    coal or other mining industry, and who are not operators, miners,
    or officers or employees of the Federal Government or any State or
    local government.
    (b) Committee on coal or other mine health research; establishment;
      membership; chairman; functions; conflicts of interest
      (1) The Secretary of Health and Human Services shall appoint an
    advisory committee on coal or other mine health research composed
    of - 
        (A) the Director, United States Bureau of Mines, or his
      delegate, with the consent of the Director;
        (B) the Director of the National Science Foundation, or his
      delegate, with the consent of the Director;
        (C) the Director of the National Institutes of Health, or his
      delegate, with the consent of the Director; and
        (D) such other persons as the Secretary of Health and Human
      Services may appoint who are knowledgeable in the field of coal
      or other mine health research.

    The Secretary of Health and Human Services shall designate the
    chairman of the committee.
      (2) The advisory committee shall consult with, and make
    recommendations to, the Secretary of Health and Human Services on
    matters involving or relating to coal or other mine health
    research. The Secretary of Health and Human Services shall consult
    with, and consider the recommendations of, such committee in the
    conduct of such research, the making of any grants, and the
    entering into of contracts for such research.
      (3) The chairman of the committee and a majority of the persons
    appointed by the Secretary of Health and Human Services pursuant to
    paragraph (1)(D) shall be individuals who have no economic
    interests in the coal or other mining industry, and who are not
    operators, miners, or officers or employees of the Federal
    Government or any State or local government.
    (c) Additional advisory committees; chairman; conflicts of interest
      The Secretary or the Secretary of Health and Human Services may
    appoint other advisory committees as he deems appropriate to advise
    him in carrying out the provisions of this chapter. The Secretary
    or the Secretary of Health and Human Services, as the case may be,
    shall appoint the chairman of each such committee. A majority of
    the members (including the chairman) of any such advisory committee
    appointed pursuant to this subsection shall be composed of
    individuals who have no economic interests in the coal or other
    mining industry, and who are not operators, miners, or officers or
    employees of the Federal Government or any State or local
    government.
    (d) Compensation; travel and subsistence expenses
      Advisory committee members, other than officers or employees of
    Federal, State, or local governments, shall be, for each day
    (including traveltime) during which they are performing committee
    business, entitled to receive compensation at a rate fixed by the
    appropriate Secretary but not in excess of the maximum rate of pay
    for grade GS-18 as provided in the General Schedule under section
    5332 of title 5, and shall, notwithstanding the limitations of
    sections 5703 and 5704 of title 5, be fully reimbursed for travel,
    subsistence, and related expenses.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 102, Dec. 30, 1969, 83 Stat. 747;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1295;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
    Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat.
    1433; Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a)(1)(B). Pub. L. 100-418 substituted "National
    Institute of Standards and Technology" for "National Bureau of
    Standards".
      1977 - Subsec. (a). Pub. L. 95-164 expanded the area of coverage
    for the committee on mine safety research from "coal mines" to
    "coal or other mines".
      Subsec. (b). Pub. L. 95-164 expanded the area of coverage for the
    advisory committee on mine health research from "coal mines" to
    "coal or other mines".
      Subsec. (c). Pub. L. 95-164 struck out ", who shall be an
    individual who has no economic interest in the coal mining
    industry, and who is not an operator, miner, or an officer or
    employee of the Federal Government or any State or local
    government" after "chairman of each such committee" and inserted
    "(including the chairman)" after "A majority of the members".
      Subsec. (d). Pub. L. 95-164 reenacted subsec. (d) without change.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (b)(1)(A) pursuant to section 10(b) of Pub. L. 102-285,
    set out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsecs. (b) and
    (c) pursuant to section 509(b) of Pub. L. 96-88 which is classified
    to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested by law in Office of Science and Technology and
    in Director or Deputy Director of Office of Science and Technology
    transferred to Director of National Science Foundation, and Office
    of Science and Technology, including offices of Director and Deputy
    Director, provided for by sections 1 and 2 of Reorg. Plan No. 2, of
    1962, eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, abolished by
    sections 2 and 3(a)(5) of Reorg. Plan No. 1 of 1973, eff. July 1,
    1973, 38 F.R. 9579, 87 Stat. 1089, both set out in the Appendix to
    Title 5, Government Organization and Employees.


-MISC3-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. Advisory
    committees established after Jan. 5, 1973, to terminate not later
    than the expiration of the 2-year period beginning on the date of
    their establishment, unless, in the case of a committee established
    by the President or an officer of the Federal Government, such
    committee is renewed by appropriate action prior to the expiration
    of such 2-year period, or in the case of a committee established by
    the Congress, its duration is otherwise provided by law. See
    section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-



-CITE-
    30 USC Sec. 813                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 813. Inspections, investigations, and recordkeeping

-STATUTE-
    (a) Purposes; advance notice; frequency; guidelines; right of
      access
      Authorized representatives of the Secretary or the Secretary of
    Health and Human Services shall make frequent inspections and
    investigations in coal or other mines each year for the purpose of
    (1) obtaining, utilizing, and disseminating information relating to
    health and safety conditions, the causes of accidents, and the
    causes of diseases and physical impairments originating in such
    mines, (2) gathering information with respect to mandatory health
    or safety standards, (3) determining whether an imminent danger
    exists, and (4) determining whether there is compliance with the
    mandatory health or safety standards or with any citation, order,
    or decision issued under this subchapter or other requirements of
    this chapter. In carrying out the requirements of this subsection,
    no advance notice of an inspection shall be provided to any person,
    except that in carrying out the requirements of clauses (1) and (2)
    of this subsection, the Secretary of Health and Human Services may
    give advance notice of inspections. In carrying out the
    requirements of clauses (3) and (4) of this subsection, the
    Secretary shall make inspections of each underground coal or other
    mine in its entirety at least four times a year, and of each
    surface coal or other mine in its entirety at least two times a
    year. The Secretary shall develop guidelines for additional
    inspections of mines based on criteria including, but not limited
    to, the hazards found in mines subject to this chapter, and his
    experience under this chapter and other health and safety laws. For
    the purpose of making any inspection or investigation under this
    chapter, the Secretary, or the Secretary of Health and Human
    Services, with respect to fulfilling his responsibilities under
    this chapter, or any authorized representative of the Secretary or
    the Secretary of Health and Human Services, shall have a right of
    entry to, upon, or through any coal or other mine.
    (b) Notice and hearing; subpoenas; witnesses; contempt
      For the purpose of making any investigation of any accident or
    other occurrence relating to health or safety in a coal or other
    mine, the Secretary may, after notice, hold public hearings, and
    may sign and issue subpoenas for the attendance and testimony of
    witnesses and the production of relevant papers, books, and
    documents, and administer oaths. Witnesses summoned shall be paid
    the same fees and mileage that are paid witnesses in the courts of
    the United States. In case of contumacy or refusal to obey a
    subpoena served upon any person under this section, the district
    court of the United States for any district in which such person is
    found or resides or transacts business, upon application by the
    United States and after notice to such person, shall have
    jurisdiction to issue an order requiring such person to appear and
    give testimony before the Secretary or to appear and produce
    documents before the Secretary, or both, and any failure to obey
    such order of the court may be punished by such court as a contempt
    thereof.
    (c) Records of employee exposure to toxic materials or harmful
      physical agents; undue exposure
      The Secretary, in cooperation with the Secretary of Health and
    Human Services, shall issue regulations requiring operators to
    maintain accurate records of employee exposures to potentially
    toxic materials or harmful physical agents which are required to be
    monitored or measured under any applicable mandatory health or
    safety standard promulgated under this chapter. Such regulations
    shall provide miners or their representatives with an opportunity
    to observe such monitoring or measuring, and to have access to the
    records thereof. Such regulations shall also make appropriate
    provisions for each miner or former miner to have access to such
    records as will indicate his own exposure to toxic materials or
    harmful physical agents. Each operator shall promptly notify any
    miner who has been or is being exposed to toxic materials or
    harmful physical agents in concentrations or at levels which exceed
    those prescribed by an applicable mandatory health or safety
    standard promulgated under section 811 of this title, or mandated
    under subchapter II of this chapter, and shall inform any miner who
    is being thus exposed of the corrective action being taken.
    (d) Accident investigations; records
      All accidents, including unintentional roof falls (except in any
    abandoned panels or in areas which are inaccessible or unsafe for
    inspections), shall be investigated by the operator or his agent to
    determine the cause and the means of preventing a recurrence.
    Records of such accidents and investigations shall be kept and the
    information shall be made available to the Secretary or his
    authorized representative and the appropriate State agency. Such
    records shall be open for inspection by interested persons. Such
    records shall include man-hours worked and shall be reported at a
    frequency determined by the Secretary, but at least annually.
    (e) Collecting information without unreasonable burden on operators
      Any information obtained by the Secretary or by the Secretary of
    Health and Human Services under this chapter shall be obtained in
    such a manner as not to impose an unreasonable burden upon
    operators, especially those operating small businesses, consistent
    with the underlying purposes of this chapter. Unnecessary
    duplication of effort in obtaining information shall be reduced to
    the maximum extent feasible.
    (f) Participation of representatives of operators and miners in
      inspections
      Subject to regulations issued by the Secretary, a representative
    of the operator and a representative authorized by his miners shall
    be given an opportunity to accompany the Secretary or his
    authorized representative during the physical inspection of any
    coal or other mine made pursuant to the provisions of subsection
    (a) of this section, for the purpose of aiding such inspection and
    to participate in pre- or post-inspection conferences held at the
    mine. Where there is no authorized miner representative, the
    Secretary or his authorized representative shall consult with a
    reasonable number of miners concerning matters of health and safety
    in such mine. Such representative of miners who is also an employee
    of the operator shall suffer no loss of pay during the period of
    his participation in the inspection made under this subsection. To
    the extent that the Secretary or authorized representative of the
    Secretary determines that more than one representative from each
    party would further aid the inspection, he can permit each party to
    have an equal number of such additional representatives. However,
    only one such representative of miners who is an employee of the
    operator shall be entitled to suffer no loss of pay during the
    period of such participation under the provisions of this
    subsection. Compliance with this subsection shall not be a
    jurisdictional prerequisite to the enforcement of any provision of
    this chapter.
    (g) Immediate inspection; notice of violation or danger;
      determination
      (1) Whenever a repersentative (!1) of the miners or a miner in
    the case of a coal or other mine where there is no such
    representative has reasonable grounds to believe that a violation
    of this chapter or a mandatory health or safety standard exists, or
    an imminent danger exists, such miner or representative shall have
    a right to obtain an immediate inspection by giving notice to the
    Secretary or his authorized representative of such violation or
    danger. Any such notice shall be reduced to writing, signed by the
    representative of the miners or by the miner, and a copy shall be
    provided the operator or his agent no later than at the time of
    inspection, except that the operator or his agent shall be notified
    forthwith if the complaint indicates that an imminent danger
    exists. The name of the person giving such notice and the names of
    individual miners referred to therein shall not appear in such copy
    or notification. Upon receipt of such notification, a special
    inspection shall be made as soon as possible to determine if such
    violation or danger exists in accordance with the provisions of
    this subchapter. If the Secretary determines that a violation or
    danger does not exist, he shall notify the miner or representative
    of the miners in writing of such determination.

      (2) Prior to or during any inspection of a coal or other mine,
    any representative of miners or a miner in the case of a coal or
    other mine where there is no such representative, may notify the
    Secretary or any representative of the Secretary responsible for
    conducting the inspection, in writing, of any violation of this
    chapter or of any imminent danger which he has reason to believe
    exists in such mine. The Secretary shall, by regulation, establish
    procedures for informal review of any refusal by a representative
    of the Secretary to issue a citation with respect to any such
    alleged violation or order with respect to such danger and shall
    furnish the representative of miners or miner requesting such
    review a written statement of the reasons for the Secretary's final
    disposition of the case.
    (h) Records and reports; compilation and publication; availability
      In addition to such records as are specifically required by this
    chapter, every operator of a coal or other mine shall establish and
    maintain such records, make such reports, and provide such
    information, as the Secretary or the Secretary of Health and Human
    Services may reasonably require from time to time to enable him to
    perform his functions under this chapter. The Secretary or the
    Secretary of Health and Human Services is authorized to compile,
    analyze, and publish, either in summary or detailed form, such
    reports or information so obtained. Except to the extent otherwise
    specifically provided by this chapter, all records, information,
    reports, findings, citations, notices, orders, or decisions
    required or issued pursuant to or under this chapter may be
    published from time to time, may be released to any interested
    person, and shall be made available for public inspection.
    (i) Spot inspections
      Whenever the Secretary finds that a coal or other mine liberates
    excessive quantities of methane or other explosive gases during its
    operations, or that a methane or other gas ignition or explosion
    has occurred in such mine which resulted in death or serious injury
    at any time during the previous five years, or that there exists in
    such mine some other especially hazardous condition, he shall
    provide a minimum of one spot inspection by his authorized
    representative of all or part of such mine during every five
    working days at irregular intervals. For purposes of this
    subsection, "liberation of excessive quantities of methane or other
    explosive gases" shall mean liberation of more than one million
    cubic feet of methane or other explosive gases during a 24-hour
    period. When the Secretary finds that a coal or other mine
    liberates more than five hundred thousand cubic feet of methane or
    other explosive gases during a 24-hour period, he shall provide a
    minimum of one spot inspection by his authorized representative of
    all or part of such mine every 10 working days at irregular
    intervals. When the Secretary finds that a coal or other mine
    liberates more than two hundred thousand cubic feet of methane or
    other explosive gases during a 24-hour period, he shall provide a
    minimum of one spot inspection by his authorized representative of
    all or part of such mine every 15 working days at irregular
    intervals.
    (j) Accident notification; rescue and recovery activities
      In the event of any accident occurring in any coal or other mine,
    the operator shall notify the Secretary thereof and shall take
    appropriate measures to prevent the destruction of any evidence
    which would assist in investigating the cause or causes thereof.
    For purposes of the preceding sentence, the notification required
    shall be provided by the operator within 15 minutes of the time at
    which the operator realizes that the death of an individual at the
    mine, or an injury or entrapment of an individual at the mine which
    has a reasonable potential to cause death, has occurred. In the
    event of any accident occurring in a coal or other mine, where
    rescue and recovery work is necessary, the Secretary or an
    authorized representative of the Secretary shall take whatever
    action he deems appropriate to protect the life of any person, and
    he may, if he deems it appropriate, supervise and direct the rescue
    and recovery activities in such mine.
    (k) Safety orders; recovery plans
      In the event of any accident occurring in a coal or other mine,
    an authorized representative of the Secretary, when present, may
    issue such orders as he deems appropriate to insure the safety of
    any person in the coal or other mine, and the operator of such mine
    shall obtain the approval of such representative, in consultation
    with appropriate State representatives, when feasible, of any plan
    to recover any person in such mine or to recover the coal or other
    mine or return affected areas of such mine to normal.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 103, Dec. 30, 1969, 83 Stat. 749;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1297;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
    Pub. L. 109-236, Sec. 5(a), June 15, 2006, 120 Stat. 498.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (j). Pub. L. 109-236 inserted second sentence.
      1977 - Subsec. (a). Pub. L. 95-164 inserted provisions
    authorizing representatives of the Secretary of Health, Education,
    and Welfare to make inspections, expanded the area of inspection
    and investigation to include mines other than coal mines, inserted
    provisions requiring the inspection of surface mines at least two
    times a year, inserted provisions requiring the development of
    guidelines for additional inspections of mines, and inserted
    provisions, formerly contained in subsec. (b), authorizing the
    entry to, upon, or through, any coal or other mine for the purpose
    of making inspection or investigation.
      Subsec. (b). Pub. L. 95-164 redesignated subsec. (d) as (b) and
    substituted "coal or other mine" for "coal mine". Provisions of
    former subsec. (b) were incorporated into subsec. (a).
      Subsecs. (c) to (e). Pub. L. 95-164 added subsecs. (c) to (e),
    struck out former subsec. (c) which provided for the utilization of
    facilities and personnel of other Federal agencies, and
    redesignated former subsecs. (d) and (e) as (b) and (j),
    respectively.
      Subsec. (f). Pub. L. 95-164 redesignated subsec. (h) as (f),
    inserted provision for a representative of the operator to
    accompany the Secretary or his representative in the physical
    inspection of a mine, extended the provisions to cover mines other
    than coal mines, and inserted provisions relating to the choice of
    the authorized representative of the miners, the representative's
    duties, and the choice of more than one representative. Former
    subsec. (f) redesignated (k).
      Subsec. (g). Pub. L. 95-164 designated existing provisions as
    par. (1), inserted provisions to par. (1) as so designated which
    extended the right to an immediate inspection to individual miners
    when there is no representative of the miners, provided for
    immediate notification to the mine operator or his agent if the
    complaint indicates that the danger is imminent, kept the name of
    the person giving the notice and the names of the individual miners
    off the copy or notification, and required the Secretary to notify
    the miners or their representatives if he determines that a
    violation or danger does not exist, and added par. (2).
      Subsec. (h). Pub. L. 95-164 added subsec. (h). The provisions of
    former subsec. (h), relating to the right of the miners'
    representative to accompany the authorized representative of the
    Secretary on the inspection, were incorporated into subsec. (f).
      Subsec. (i). Pub. L. 95-164 inserted definition of "liberation of
    excessive quantities of methane or other explosive gases" and
    inserted provisions for a reduced schedule of one spot inspections
    in mines with liberation rates for methane or other explosive gases
    lower than that required to qualify as "excessive".
      Subsecs. (j), (k). Pub. L. 95-164 redesignated former subsecs.
    (e) and (f) as (j) and (k), respectively.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsecs. (a), (c),
    (e), and (h) pursuant to section 509(b) of Pub. L. 96-88 which is
    classified to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "representative".


-End-



-CITE-
    30 USC Sec. 814                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 814. Citations and orders

-STATUTE-
    (a) Issuance and form of citations; prompt issuance
      If, upon inspection or investigation, the Secretary or his
    authorized representative believes that an operator of a coal or
    other mine subject to this chapter has violated this chapter, or
    any mandatory health or safety standard, rule, order, or regulation
    promulgated pursuant to this chapter, he shall, with reasonable
    promptness, issue a citation to the operator. Each citation shall
    be in writing and shall describe with particularity the nature of
    the violation, including a reference to the provision of the
    chapter, standard, rule, regulation, or order alleged to have been
    violated. In addition, the citation shall fix a reasonable time for
    the abatement of the violation. The requirement for the issuance of
    a citation with reasonable promptness shall not be a jurisdictional
    prerequisite to the enforcement of any provision of this chapter.
    (b) Follow-up inspections; findings
      If, upon any follow-up inspection of a coal or other mine, an
    authorized representative of the Secretary finds (1) that a
    violation described in a citation issued pursuant to subsection (a)
    of this section has not been totally abated within the period of
    time as originally fixed therein or as subsequently extended, and
    (2) that the period of time for the abatement should not be further
    extended, he shall determine the extent of the area affected by the
    violation and shall promptly issue an order requiring the operator
    of such mine or his agent to immediately cause all persons, except
    those persons referred to in subsection (c) of this section, to be
    withdrawn from, and to be prohibited from entering, such area until
    an authorized representative of the Secretary determines that such
    violation has been abated.
    (c) Exempt persons
      The following persons shall not be required to be withdrawn from,
    or prohibited from entering, any area of the coal or other mine
    subject to an order issued under this section:
        (1) any person whose presence in such area is necessary, in the
      judgment of the operator or an authorized representative of the
      Secretary, to eliminate the condition described in the order;
        (2) any public official whose official duties require him to
      enter such area;
        (3) any representative of the miners in such mine who is, in
      the judgment of the operator or an authorized representative of
      the Secretary, qualified to make such mine examinations or who is
      accompanied by such a person and whose presence in such area is
      necessary for the investigation of the conditions described in
      the order; and
        (4) any consultant to any of the foregoing.
    (d) Findings of violations; withdrawal order
      (1) If, upon any inspection of a coal or other mine, an
    authorized representative of the Secretary finds that there has
    been a violation of any mandatory health or safety standard, and if
    he also finds that, while the conditions created by such violation
    do not cause imminent danger, such violation is of such nature as
    could significantly and substantially contribute to the cause and
    effect of a coal or other mine safety or health hazard, and if he
    finds such violation to be caused by an unwarrantable failure of
    such operator to comply with such mandatory health or safety
    standards, he shall include such finding in any citation given to
    the operator under this chapter. If, during the same inspection or
    any subsequent inspection of such mine within 90 days after the
    issuance of such citation, an authorized representative of the
    Secretary finds another violation of any mandatory health or safety
    standard and finds such violation to be also caused by an
    unwarrantable failure of such operator to so comply, he shall
    forthwith issue an order requiring the operator to cause all
    persons in the area affected by such violation, except those
    persons referred to in subsection (c) of this section to be
    withdrawn from, and to be prohibited from entering, such area until
    an authorized representative of the Secretary determines that such
    violation has been abated.
      (2) If a withdrawal order with respect to any area in a coal or
    other mine has been issued pursuant to paragraph (1), a withdrawal
    order shall promptly be issued by an authorized representative of
    the Secretary who finds upon any subsequent inspection the
    existence in such mine of violations similar to those that resulted
    in the issuance of the withdrawal order under paragraph (1) until
    such time as an inspection of such mine discloses no similar
    violations. Following an inspection of such mine which discloses no
    similar violations, the provisions of paragraph (1) shall again be
    applicable to that mine.
    (e) Pattern of violations; abatement; termination of pattern
      (1) If an operator has a pattern of violations of mandatory
    health or safety standards in the coal or other mine which are of
    such nature as could have significantly and substantially
    contributed to the cause and effect of coal or other mine health or
    safety hazards, he shall be given written notice that such pattern
    exists. If, upon any inspection within 90 days after the issuance
    of such notice, an authorized representative of the Secretary finds
    any violation of a mandatory health or safety standard which could
    significantly and substantially contribute to the cause and effect
    of a coal or other mine safety or health hazard, the authorized
    representative shall issue an order requiring the operator to cause
    all persons in the area affected by such violation, except those
    persons referred to in subsection (c) of this section, to be
    withdrawn from, and to be prohibited from entering, such area until
    an authorized representative of the Secretary determines that such
    violation has been abated.
      (2) If a withdrawal order with respect to any area in a coal or
    other mine has been issued pursuant to paragraph (1), a withdrawal
    order shall be issued by an authorized representative of the
    Secretary who finds upon any subsequent inspection the existence in
    such mine of any violation of a mandatory health or safety standard
    which could significantly and substantially contribute to the cause
    and effect of a coal or other mine health or safety hazard. The
    withdrawal order shall remain in effect until an authorized
    representative of the Secretary determines that such violation has
    been abated.
      (3) If, upon an inspection of the entire coal or other mine, an
    authorized representative of the Secretary finds no violations of
    mandatory health or safety standards that could significantly and
    substantially contribute to the cause and effect of a coal or other
    mine health and safety hazard, the pattern of violations that
    resulted in the issuance of a notice under paragraph (1) shall be
    deemed to be terminated and the provisions of paragraphs (1) and
    (2) shall no longer apply. However, if as a result of subsequent
    violations, the operator reestablishes a pattern of violations,
    paragraphs (1) and (2) shall again be applicable to such operator.
      (4) The Secretary shall make such rules as he deems necessary to
    establish criteria for determining when a pattern of violations of
    mandatory health or safety standards exists.
    (f) Respirable dust concentrations; dust control person or team
      If, based upon samples taken, analyzed, and recorded pursuant to
    section 842(a) of this title, or samples taken during an inspection
    by an authorized representative of the Secretary, the applicable
    limit on the concentration of respirable dust required to be
    maintained under this chapter is exceeded and thereby violated, the
    Secretary or his authorized representative shall issue a citation
    fixing a reasonable time for the abatement of the violation. During
    such time, the operator of the mine shall cause samples described
    in section 842(a) of this title to be taken of the affected area
    during each production shift. If, upon the expiration of the period
    of time as originally fixed or subsequently extended, the Secretary
    or his authorized representative finds that the period of time
    should not be further extended, he shall determine the extent of
    the area affected by the violation and shall promptly issue an
    order requiring the operator of such mine or his agent to cause
    immediately all persons, except those referred to in subsection (c)
    of this section, to be withdrawn from, and to be prohibited from
    entering, such area until the Secretary or his authorized
    representative has reason to believe, based on actions taken by the
    operator, that such limit will be complied with upon the resumption
    of production in such mine. As soon as possible after an order is
    issued, the Secretary, upon request of the operator, shall dispatch
    to the mine involved a person, or team of persons, to the extent
    such persons are available, who are knowledgeable in the methods
    and means of controlling and reducing respirable dust. Such person
    or team of persons shall remain at the mine involved for such time
    as they shall deem appropriate to assist the operator in reducing
    respirable dust concentrations. While at the mine, such persons may
    require the operator to take such actions as they deem appropriate
    to insure the health of any person in the coal or other mine.
    (g) Untrained miners
      (1) If, upon any inspection or investigation pursuant to section
    813 of this title, the Secretary or an authorized representative
    shall find employed at a coal or other mine a miner who has not
    received the requisite safety training as determined under section
    825 of this title, the Secretary or an authorized representative
    shall issue an order under this section which declares such miner
    to be a hazard to himself and to others, and requiring that such
    miner be immediately withdrawn from the coal or other mine, and be
    prohibited from entering such mine until an authorized
    representative of the Secretary determines that such miner has
    received the training required by section 825 of this title.
      (2) No miner who is ordered withdrawn from a coal or other mine
    under paragraph (1) shall be discharged or otherwise discriminated
    against because of such order; and no miner who is ordered
    withdrawn from a coal or other mine under paragraph (1) shall
    suffer a loss of compensation during the period necessary for such
    miner to receive such training and for an authorized representative
    of the Secretary to determine that such miner has received the
    requisite training.
    (h) Duration of citations and orders
      Any citation or order issued under this section shall remain in
    effect until modified, terminated or vacated by the Secretary or
    his authorized representative, or modified, terminated or vacated
    by the Commission or the courts pursuant to section 815 or 816 of
    this title.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 104, Dec. 30, 1969, 83 Stat. 750;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1300.)


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (a). Pub. L. 95-164 substituted provisions
    directing the Secretary to issue a citation to the operator based
    upon the belief of the Secretary or his authorized representative,
    after inspection or investigation, that there has been a violation
    of this chapter or any mandatory health or safety standard, rule,
    order, or regulation for provisions that had related to the
    issuance of a withdrawal order upon a finding that an imminent
    danger existed.
      Subsec. (b). Pub. L. 95-164 substituted provisions setting out
    the steps to be taken if, upon any follow-up inspection of a coal
    or other mine, the authorized representative of the Secretary finds
    that a citation violation has not been abated and that the time for
    abatement should not be extended for provisions that had set out
    the steps to be taken in the case of a violation that did not
    create an imminent danger.
      Subsec. (c). Pub. L. 95-164 redesignated subsec. (d) as (c).
    Former subsec. (c) redesignated (d).
      Subsec. (d). Pub. L. 95-164 redesignated subsec. (c) as (d) and
    substituted reference to "citation" for reference to "notice".
    Former subsec. (d) redesignated (c).
      Subsec. (e). Pub. L. 95-164 substituted provisions relating to
    the steps to be taken if an operator has a pattern of violations of
    mandatory health or safety standards for provisions setting out the
    requisites of notices and orders issued pursuant to this section.
      Subsec. (f). Pub. L. 95-164 redesignated subsec. (i) as (f).
    Former subsec. (f), relating to the delivery of notices and orders
    issued under this section, was incorporated into subsec. (a).
      Subsec. (g). Pub. L. 95-164 added subsec. (g). Former subsec.
    (g), relating to the modification and termination of notice, was
    incorporated into subsec. (h).
      Subsec. (h). Pub. L. 95-164 added subsec. (h). Provisions of
    former subsec. (h), which related to steps to be taken when a
    condition existed which could not be abated through the use of
    existing technology, were covered in the general revision of
    subsecs. (d) and (e).
      Subsec. (i). Pub. L. 95-164 redesignated subsec. (i) as (f).

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 815                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 815. Procedure for enforcement

-STATUTE-
    (a) Notification of civil penalty; contest
      If, after an inspection or investigation, the Secretary issues a
    citation or order under section 814 of this title, he shall, within
    a reasonable time after the termination of such inspection or
    investigation, notify the operator by certified mail of the civil
    penalty proposed to be assessed under section 820(a) of this title
    for the violation cited and that the operator has 30 days within
    which to notify the Secretary that he wishes to contest the
    citation or proposed assessment of penalty. A copy of such
    notification shall be sent by mail to the representative of miners
    in such mine. If, within 30 days from the receipt of the
    notification issued by the Secretary, the operator fails to notify
    the Secretary that he intends to contest the citation or the
    proposed assessment of penalty, and no notice is filed by any miner
    or representative of miners under subsection (d) of this section
    within such time, the citation and the proposed assessment of
    penalty shall be deemed a final order of the Commission and not
    subject to review by any court or agency. Refusal by the operator
    or his agent to accept certified mail containing a citation and
    proposed assessment of penalty under this subsection shall
    constitute receipt thereof within the meaning of this subsection.
    (b) Failure of operator to correct violation; notification;
      contest; temporary relief
      (1)(A) If the Secretary has reason to believe that an operator
    has failed to correct a violation for which a citation has been
    issued within the period permitted for its correction, the
    Secretary shall notify the operator by certified mail of such
    failure and of the penalty proposed to be assessed under section
    820(b) of this title by reason of such failure and that the
    operator has 30 days within which to notify the Secretary that he
    wishes to contest the Secretary's notification of the proposed
    assessment of penalty. A copy of such notification of the proposed
    assessment of penalty shall at the same time be sent by mail to the
    representative of the mine employees. If, within 30 days from the
    receipt of notification of proposed assessment of penalty issued by
    the Secretary, the operator fails to notify the Secretary that he
    intends to contest the notification of proposed assessment of
    penalty, such notification shall be deemed a final order of the
    Commission and not subject to review by any court or agency.
    Refusal by the operator or his agent to accept certified mail
    containing a notification of proposed assessment of penalty issued
    under this subsection shall constitute receipt thereof within the
    meaning of this subsection.
      (B) In determining whether to propose a penalty to be assessed
    under section 820(b) of this title, the Secretary shall consider
    the operator's history of previous violations, the appropriateness
    of such penalty to the size of the business of the operator
    charged, whether the operator was negligent, the effect on the
    operator's ability to continue in business, the gravity of the
    violation, and the demonstrated good faith of the operator charged
    in attempting to achieve rapid compliance after notification of a
    violation.
      (2) An applicant may file with the Commission a written request
    that the Commission grant temporary relief from any modification or
    termination of any order or from any order issued under section 814
    of this title together with a detailed statement giving the reasons
    for granting such relief. The Commission may grant such relief
    under such conditions as it may prescribe, if - 
        (A) a hearing has been held in which all parties were given an
      opportunity to be heard;
        (B) the applicant shows that there is substantial likelihood
      that the findings of the Commission will be favorable to the
      applicant; and
        (C) such relief will not adversely affect the health and safety
      of miners.

    No temporary relief shall be granted in the case of a citation
    issued under subsection (a) or (f) of section 814 of this title.
    The Commission shall provide a procedure for expedited
    consideration of applications for temporary relief under this
    paragraph.
    (c) Discrimination or interference prohibited; complaint;
      investigation; determination; hearing
      (1) No person shall discharge or in any manner discriminate
    against or cause to be discharged or cause discrimination against
    or otherwise interfere with the exercise of the statutory rights of
    any miner, representative of miners or applicant for employment in
    any coal or other mine subject to this chapter because such miner,
    representative of miners or applicant for employment has filed or
    made a complaint under or related to this chapter, including a
    complaint notifying the operator or the operator's agent, or the
    representative of the miners at the coal or other mine of an
    alleged danger or safety or health violation in a coal or other
    mine, or because such miner, representative of miners or applicant
    for employment is the subject of medical evaluations and potential
    transfer under a standard published pursuant to section 811 of this
    title or because such miner, representative of miners or applicant
    for employment has instituted or caused to be instituted any
    proceeding under or related to this chapter or has testified or is
    about to testify in any such proceeding, or because of the exercise
    by such miner, representative of miners or applicant for employment
    on behalf of himself or others of any statutory right afforded by
    this chapter.
      (2) Any miner or applicant for employment or representative of
    miners who believes that he has been discharged, interfered with,
    or otherwise discriminated against by any person in violation of
    this subsection may, within 60 days after such violation occurs,
    file a complaint with the Secretary alleging such discrimination.
    Upon receipt of such complaint, the Secretary shall forward a copy
    of the complaint to the respondent and shall cause such
    investigation to be made as he deems appropriate. Such
    investigation shall commence within 15 days of the Secretary's
    receipt of the complaint, and if the Secretary finds that such
    complaint was not frivolously brought, the Commission, on an
    expedited basis upon application of the Secretary, shall order the
    immediate reinstatement of the miner pending final order on the
    complaint. If upon such investigation, the Secretary determines
    that the provisions of this subsection have been violated, he shall
    immediately file a complaint with the Commission, with service upon
    the alleged violator and the miner, applicant for employment, or
    representative of miners alleging such discrimination or
    interference and propose an order granting appropriate relief. The
    Commission shall afford an opportunity for a hearing (in accordance
    with section 554 of title 5 but without regard to subsection (a)(3)
    of such section) and thereafter shall issue an order, based upon
    findings of fact, affirming, modifying, or vacating the Secretary's
    proposed order, or directing other appropriate relief. Such order
    shall become final 30 days after its issuance. The Commission shall
    have authority in such proceedings to require a person committing a
    violation of this subsection to take such affirmative action to
    abate the violation as the Commission deems appropriate, including,
    but not limited to, the rehiring or reinstatement of the miner to
    his former position with back pay and interest. The complaining
    miner, applicant, or representative of miners may present
    additional evidence on his own behalf during any hearing held
    pursuant to his (!1) paragraph.

      (3) Within 90 days of the receipt of a complaint filed under
    paragraph (2), the Secretary shall notify, in writing, the miner,
    applicant for employment, or representative of miners of his
    determination whether a violation has occurred. If the Secretary,
    upon investigation, determines that the provisions of this
    subsection have not been violated, the complainant shall have the
    right, within 30 days of notice of the Secretary's determination,
    to file an action in his own behalf before the Commission, charging
    discrimination or interference in violation of paragraph (1). The
    Commission shall afford an opportunity for a hearing (in accordance
    with section 554 of title 5 but without regard to subsection (a)(3)
    of such section), and thereafter shall issue an order, based upon
    findings of fact, dismissing or sustaining the complainant's
    charges and, if the charges are sustained, granting such relief as
    it deems appropriate, including, but not limited to, an order
    requiring the rehiring or reinstatement of the miner to his former
    position with back pay and interest or such remedy as may be
    appropriate. Such order shall become final 30 days after its
    issuance. Whenever an order is issued sustaining the complainant's
    charges under this subsection, a sum equal to the aggregate amount
    of all costs and expenses (including attorney's fees) as determined
    by the Commission to have been reasonably incurred by the miner,
    applicant for employment or representative of miners for, or in
    connection with, the institution and prosecution of such
    proceedings shall be assessed against the person committing such
    violation. Proceedings under this section shall be expedited by the
    Secretary and the Commission. Any order issued by the Commission
    under this paragraph shall be subject to judicial review in
    accordance with section 816 of this title. Violations by any person
    of paragraph (1) shall be subject to the provisions of sections 818
    and 820(a) of this title.
    (d) Contest proceedings; hearing; findings of fact; affirmance,
      modification, or vacatur of citation, order, or proposed penalty;
      procedure before Commission
      If, within 30 days of receipt thereof, an operator of a coal or
    other mine notifies the Secretary that he intends to contest the
    issuance or modification of an order issued under section 814 of
    this title, or citation or a notification of proposed assessment of
    a penalty issued under subsection (a) or (b) of this section, or
    the reasonableness of the length of abatement time fixed in a
    citation or modification thereof issued under section 814 of this
    title, or any miner or representative of miners notifies the
    Secretary of an intention to contest the issuance, modification, or
    termination of any order issued under section 814 of this title, or
    the reasonableness of the length of time set for abatement by a
    citation or modification thereof issued under section 814 of this
    title, the Secretary shall immediately advise the Commission of
    such notification, and the Commission shall afford an opportunity
    for a hearing (in accordance with section 554 of title 5, but
    without regard to subsection (a)(3) of such section), and
    thereafter shall issue an order, based on findings of fact,
    affirming, modifying, or vacating the Secretary's citation, order,
    or proposed penalty, or directing other appropriate relief. Such
    order shall become final 30 days after its issuance. The rules of
    procedure prescribed by the Commission shall provide affected
    miners or representatives of affected miners an opportunity to
    participate as parties to hearings under this section. The
    Commission shall take whatever action is necessary to expedite
    proceedings for hearing appeals of orders issued under section 814
    of this title.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 105, Dec. 30, 1969, 83 Stat. 753;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1303.)


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (a). Pub. L. 95-164 substituted provisions under
    which the Secretary must notify the operator of the civil penalty
    he proposes to assess following the issuance of a citation or order
    and the operator must give notice that he will contest the citation
    or proposed assessment for provisions under which an operator was
    required to apply for review of an order issued under section 814
    of this title and under which an investigation was made, hearings
    held, and information presented.
      Subsec. (b). Pub. L. 95-164 substituted provisions relating to
    the steps to be taken following the failure of the operator to
    correct violations, including provisions relating to temporary
    relief formerly contained in subsec. (d), for provisions requiring
    the Secretary to make findings of fact and to issue a written
    decision upon receiving the report of an investigation.
      Subsec. (c). Pub. L. 95-164 added subsec. (c). Former subsec.
    (c), directing the Secretary to take action under this section as
    promptly as possible, was incorporated into a part of par. (3).
      Subsec. (d). Pub. L. 95-164 added subsec. (d). Former subsec. (d)
    redesignated (b)(2).

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "this".


-End-



-CITE-
    30 USC Sec. 816                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 816. Judicial review of Commission orders

-STATUTE-
    (a) Petition by person adversely affected or aggrieved; temporary
      relief
      (1) Any person adversely affected or aggrieved by an order of the
    Commission issued under this chapter may obtain a review of such
    order in any United States court of appeals for the circuit in
    which the violation is alleged to have occurred or in the United
    States Court of Appeals for the District of Columbia Circuit, by
    filing in such court within 30 days following the issuance of such
    order a written petition praying that the order be modified or set
    aside. A copy of such petition shall be forthwith transmitted by
    the clerk of the court to the Commission and to the other parties,
    and thereupon the Commission shall file in the court the record in
    the proceeding as provided in section 2112 of title 28. Upon such
    filing, the court shall have exclusive jurisdiction of the
    proceeding and of the questions determined therein, and shall have
    the power to make and enter upon the pleadings, testimony, and
    proceedings set forth in such record a decree affirming, modifying,
    or setting aside, in whole or in part, the order of the Commission
    and enforcing the same to the extent that such order is affirmed or
    modified. No objection that has not been urged before the
    Commission shall be considered by the court, unless the failure or
    neglect to urge such objection shall be excused because of
    extraordinary circumstances. The findings of the Commission with
    respect to questions of fact, if supported by substantial evidence
    on the record considered as a whole, shall be conclusive. If any
    party shall apply to the court for leave to adduce additional
    evidence and shall show to the satisfaction of the court that such
    additional evidence is material and that there were reasonable
    grounds for the failure to adduce such evidence in the hearing
    before the Commission, the court may order such additional evidence
    to be taken before the Commission and to be made a part of the
    record. The Commission may modify its findings as to the facts, or
    make new findings, by reason of additional evidence so taken and
    filed, and it shall file such modified or new findings, which
    findings with respect to questions of fact, if supported by
    substantial evidence on the record considered as a whole, shall be
    conclusive. The Commission may modify or set aside its original
    order by reason of such modified or new findings of fact. Upon the
    filing of the record after such remand proceedings, the
    jurisdiction of the court shall be exclusive and its judgment and
    degree shall be final, except that the same shall be subject to
    review by the Supreme Court of the United States, as provided in
    section 1254 of title 28.
      (2) In the case of a proceeding to review any order or decision
    issued by the Commission under this chapter, except an order or
    decision pertaining to an order issued under section 817(a) of this
    title or an order or decision pertaining to a citation issued under
    section 814(a) or (f) of this title, the court may, under such
    conditions as it may prescribe, grant such temporary relief as it
    deems appropriate pending final determination of the proceeding, if
    - 
        (A) all parties to the proceeding have been notified and given
      an opportunity to be heard on a request for temporary relief;
        (B) the person requesting such relief shows that there is a
      substantial likelihood that he will prevail on the merits of the
      final determination of the proceeding; and
        (C) such relief will not adversely affect the health and safety
      of miners in the coal or other mine.

      (3) In the case of a proceeding to review any order or decision
    issued by the Panel under this chapter, the court may, under such
    conditions as it may prescribe, grant such temporary relief as it
    deems appropriate pending final determination of the proceeding, if
    - 
        (A) all parties to the proceeding have been notified and given
      an opportunity to be heard on a request for temporary relief; and
        (B) the person requesting such relief shows that there is a
      substantial likelihood that he will prevail on the merits of the
      final determination of the proceeding.
    (b) Petition by Secretary for review or enforcement of final
      Commission orders
      The Secretary may also obtain review or enforcement of any final
    order of the Commission by filing a petition for such relief in the
    United States court of appeals for the circuit in which the alleged
    violation occurred or in the Court of Appeals for the District of
    Columbia Circuit, and the provisions of subsection (a) shall govern
    such proceedings to the extent applicable. If no petition for
    review, as provided in subsection (a) of this section, is filed
    within 30 days after issuance of the Commission's order, the
    Commission's findings of fact and order shall be conclusive in
    connection with any petition for enforcement which is filed by the
    Secretary after the expiration of such 30-day period. In any such
    case, as well as in the case of a noncontested citation or
    notification by the Secretary which has become a final order of the
    Commission under subsection (a) or (b) of section 815 of this
    title, the clerk of the court, unless otherwise ordered by the
    court, shall forthwith enter a decree enforcing the order and shall
    transmit a copy of such decree to the Secretary and the operator
    named in the petition. In any contempt proceeding brought to
    enforce a decree of a court of appeals entered pursuant to this
    subsection or subsection (a) of this section, the court of appeals
    may assess the penalties provided in section 820 of this title, in
    addition to invoking any other available remedies.
    (c) Stay of order or decision of Commission or Panel
      The commencement of a proceeding under this section shall not,
    unless specifically ordered by the court, operate as a stay of the
    order or decision of the Commission or the Panel.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 106, Dec. 30, 1969, 83 Stat. 754;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1306;
    Pub. L. 98-620, title IV, Sec. 402(34), Nov. 8, 1984, 98 Stat.
    3360.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (a)(1). Pub. L. 98-620 struck out provision that
    petitions filed under this subsection had to be heard
    expeditiously.
      1977 - Subsec. (a)(1). Pub. L. 95-164 added subsec. (a)(1)
    consisting of a revision of the provisions of former subsecs. (a),
    (b), (d), and (f) with additions to cover the proceedings in the
    reviewing court.
      Subsec. (a)(2). Pub. L. 95-164 redesignated subsec. (c)(1) as
    (a)(2) and substituted "issued by the Commission" for "issued by
    the Secretary" and "under section 817(a) of this title or an order
    or decision pertaining to a citation issued under section 814(a) or
    (f) of this title" for "under section 814(a) of this title or an
    order or decision pertaining to a notice issued under section
    814(b) or (i) of this title" in the provisions preceding subpar.
    (A).
      Subsec. (a)(3). Pub. L. 95-164 redesignated subsec. (c)(2) as
    (a)(3).
      Subsec. (b). Pub. L. 95-164 added subsec. (b). Provisions of
    former subsec. (b) were incorporated as revised into subsec.
    (a)(1).
      Subsec. (c). Pub. L. 95-164 redesignated subsec. (e) as (c).
    Former subsec. (c), which consisted of pars. (1) and (2),
    redesignated (a)(2) and (3).
      Subsec. (d). Pub. L. 95-164 struck out subsec. (d) and
    incorporated its provisions, relating to review by the Supreme
    Court, into subsec. (a)(1).
      Subsec. (e). Pub. L. 95-164 redesignated subsec. (e) as (c).
      Subsec. (f). Pub. L. 95-164 struck out subsec. (f) which related
    to the appointment of attorneys by the Secretary to represent him
    in proceedings instituted under this section.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 817                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 817. Procedures to counteract dangerous conditions

-STATUTE-
    (a) Withdrawal orders
      If, upon any inspection or investigation of a coal or other mine
    which is subject to this chapter, an authorized representative of
    the Secretary finds that an imminent danger exists, such
    representative shall determine the extent of the area of such mine
    throughout which the danger exists, and issue an order requiring
    the operator of such mine to cause all persons, except those
    referred to in section 814(c) of this title, to be withdrawn from,
    and to be prohibited from entering, such area until an authorized
    representative of the Secretary determines that such imminent
    danger and the conditions or practices which caused such imminent
    danger no longer exist. The issuance of an order under this
    subsection shall not preclude the issuance of a citation under
    section 814 of this title or the proposing of a penalty under
    section 820 of this title.
    (b) Notice to mine operators; further investigation; findings and
      decision by Secretary
      (1) If, upon any inspection of a coal or other mine, an
    authorized representative of the Secretary finds (A) that
    conditions exist therein which have not yet resulted in an imminent
    danger, (B) that such conditions cannot be effectively abated
    through the use of existing technology, and (C) that reasonable
    assurance cannot be provided that the continuance of mining
    operations under such conditions will not result in an imminent
    danger, he shall determine the area throughout which such
    conditions exist, and thereupon issue a notice to the operator of
    the mine or his agent of such conditions, and shall file a copy
    thereof, incorporating his findings therein, with the Secretary and
    with the representative of the miners of such mine. Upon receipt of
    such copy, the Secretary shall cause such further investigation to
    be made as he deems appropriate, including an opportunity for the
    operator or a representative of the miners to present information
    relating to such notice.
      (2) Upon the conclusion of an investigation pursuant to paragraph
    (1), and an opportunity for a public hearing upon request by any
    interested party, the Secretary shall make findings of fact, and
    shall by decision incorporating such findings therein, either
    cancel the notice issued under this subsection or issue an order
    requiring the operator of such mine to cause all persons in the
    area affected, except those persons referred to in subsection (c)
    of section 814 of this title to be withdrawn from, and be
    prohibited from entering, such area until the Secretary, after a
    public hearing affording all interested persons an opportunity to
    present their views, determines that such conditions have been
    abated. Any hearing under this paragraph shall be of record and
    shall be subject to section 554 of title 5.
    (c) Form and content of orders
      Orders issued pursuant to subsection (a) of this section shall
    contain a detailed description of the conditions or practices which
    cause and constitute an imminent danger and a description of the
    area of the coal or other mine from which persons must be withdrawn
    and prohibited from entering.
    (d) Findings; duration of orders
      Each finding made and order issued under this section shall be
    given promptly to the operator of the coal or other mine to which
    it pertains by the person making such finding or order, and all of
    such findings and orders shall be in writing, and shall be signed
    by the person making them. Any order issued pursuant to subsection
    (a) of this section may be modified or terminated by an authorized
    representative of the Secretary. Any order issued under subsection
    (a) or (b) of this section shall remain in effect until vacated,
    modified, or terminated by the Secretary, or modified or vacated by
    the Commission pursuant to subsection (e) of this section, or by
    the courts pursuant to section 816(a) of this title.
    (e) Reinstatement, modification, and vacatur of orders
      (1) Any operator notified of an order under this section or any
    representative of miners notified of the issuance, modification, or
    termination of such an order may apply to the Commission within 30
    days of such notification for reinstatement, modification or
    vacation of such order. The Commission shall forthwith afford an
    opportunity for a hearing (in accordance with section 554 of title
    5 but without regard to subsection (a)(3) of such section) and
    thereafter shall issue an order, based upon findings of fact,
    vacating, affirming, modifying, or terminating the Secretary's
    order. The Commission and the courts may not grant temporary relief
    from the issuance of any order under subsection (a) of this
    section.
      (2) The Commission shall take whatever action is necessary to
    expedite proceedings under this subsection.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 107, Dec. 30, 1969, 83 Stat. 755;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1307.)


-MISC1-
                                AMENDMENTS                            
      1977 - Pub. L. 95-164 substituted provisions relating to the
    procedures to be followed to counteract dangerous conditions in
    coal or other mines for provisions relating to the posting of
    notices, orders, and decisions at coal mines, see section 819 of
    this title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 818                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 818. Injunctions

-STATUTE-
    (a) Civil action by Secretary
      (1) The Secretary may institute a civil action for relief,
    including a permanent or temporary injunction, restraining order,
    or any other appropriate order in the district court of the United
    States for the district in which a coal or other mine is located or
    in which the operator of such mine has his principal office,
    whenever such operator or his agent - 
        (A) violates or fails or refuses to comply with any order or
      decision issued under this chapter, or fails or refuses to comply
      with any order or decision, including a civil penalty assessment
      order, that is issued under this chapter,
        (B) interferes with, hinders, or delays the Secretary or his
      authorized representative, or the Secretary of Health and Human
      Services or his authorized representative, in carrying out the
      provisions of this chapter,
        (C) refuses to admit such representatives to the coal or other
      mine,
        (D) refuses to permit the inspection of the coal or other mine,
      or the investigation of an accident or occupational disease
      occurring in, or connected with, such mine,
        (E) refuses to furnish any information or report requested by
      the Secretary or the Secretary of Health and Human Services in
      furtherance of the provisions of this chapter, or
        (F) refuses to permit access to, and copying of, such records
      as the Secretary or the Secretary of Health and Human Services
      determines necessary in carrying out the provisions of this
      chapter.

      (2) The Secretary may institute a civil action for relief,
    including permanent or temporary injunction, restraining order, or
    any other appropriate order in the district court of the United
    States for the district in which the coal or other mine is located
    or in which the operator of such mine has his principal office
    whenever the Secretary believes that the operator of a coal or
    other mine is engaged in a pattern of violation of the mandatory
    health or safety standards of this chapter, which in the judgment
    of the Secretary constitutes a continuing hazard to the health or
    safety of miners.
    (b) Jurisdiction; relief; findings of Commission or Secretary
      In any action brought under subsection (a) of this section, the
    court shall have jurisdiction to provide such relief as may be
    appropriate. In the case of an action under subsection (a)(2) of
    this section, the court shall in its order require such assurance
    or affirmative steps as it deems necessary to assure itself that
    the protection afforded to miners under this chapter shall be
    provided by the operator. Temporary restraining orders shall be
    issued in accordance with rule 65 of the Federal Rules of Civil
    Procedure, as amended, except that the time limit in such orders,
    when issued without notice, shall be seven days from the date of
    entry. Except as otherwise provided herein, any relief granted by
    the court to enforce any order under paragraph (1) of subsection
    (a) of this section shall continue in effect until the completion
    or final termination of all proceedings for review of such order
    under this subchapter, unless prior thereto, the district court
    granting such relief sets it aside or modifies it. In any action
    instituted under this section to enforce an order or decision
    issued by the Commission or the Secretary after a public hearing in
    accordance with section 554 of title 5, the findings of the
    Commission or the Secretary, as the case may be, if supported by
    substantial evidence on the record considered as a whole, shall be
    conclusive.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 108, Dec. 30, 1969, 83 Stat. 756;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1309;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
    Pub. L. 109-236, Sec. 9, June 15, 2006, 120 Stat. 501.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Rule 65 of the Federal Rules of Civil Procedure, referred to in
    subsec. (b), is set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1)(A). Pub. L. 109-236 inserted before comma
    at end ", or fails or refuses to comply with any order or decision,
    including a civil penalty assessment order, that is issued under
    this chapter".
      1977 - Pub. L. 95-164 redesignated existing provisions as
    subsecs. (a)(1) and (b), added subsec. (a)(2), and in the
    redesignated provisions inserted references to findings of the
    Commission, inserted requirement that in actions brought under
    subsec. (a)(2) the courts require such assurances or affirmative
    action as they deem necessary to assure that the protections
    offered by this chapter to the miners be provided by the operator,
    and struck out provisions relating to the appointment of attorneys
    by the Secretary to represent him in actions under this section.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (a)(1)(B),
    (F) pursuant to section 509(b) of Pub. L. 96-88 which is classified
    to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 819                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 819. Posting of orders and decisions

-STATUTE-
    (a) Mine office; bulletin board
      At each coal or other mine there shall be maintained an office
    with a conspicuous sign designating it as the office of such mine.
    There shall be a bulletin board at such office or located at a
    conspicuous place near an entrance of such mine, in such manner
    that orders, citations, notices and decisions required by law or
    regulation to be posted, may be posted thereon, and be easily
    visible to all persons desiring to read them, and be protected
    against damage by weather and against unauthorized removal. A copy
    of any order, citation, notice or decision required by this chapter
    to be given to an operator shall be delivered to the office of the
    affected mine, and a copy shall be immediately posted on the
    bulletin board of such mine by the operator or his agent.
    (b) Distribution of orders, citations, notices, and decisions
      The Secretary shall (1) cause a copy of any order, citation,
    notice, or decision required by this chapter to be given to an
    operator to be mailed immediately to a representative of the miners
    in the affected coal or other mine, and (2) cause a copy thereof to
    be mailed to the public official or agency of the State charged
    with administering State laws, if any, relating to health or safety
    in such mine. Such notice, order, citation, or decision shall be
    available for public inspection.
    (c) Compliance
      In order to insure prompt compliance with any notice, order,
    citation, or decision issued under this chapter, the authorized
    representative of the Secretary may deliver such notice, order,
    citation, or decision to an agent of the operator, and such agent
    shall immediately take appropriate measures to insure compliance
    with such notice, order, citation, or decision.
    (d) Filing; designation of health and safety officers
      Each operator of a coal or other mine subject to this chapter
    shall file with the Secretary the name and address of such mine and
    the name and address of the person who controls or operates the
    mine. Any revisions in such names or addresses shall be promptly
    filed with the Secretary. Each operator of a coal or other mine
    subject to this chapter shall designate a responsible official at
    such mine as the principal officer in charge of health and safety
    at such mine, and such official shall receive a copy of any notice,
    order, citation, or decision issued under this chapter affecting
    such mine. In any case where the mine is subject to the control of
    any person not directly involved in the daily operations of the
    coal or other mine, there shall be filed with the Secretary the
    name and address of such person and the name and address of a
    principal official of such person who shall have overall
    responsibility for the conduct of an effective health and safety
    program at any coal or other mine subject to the control of such
    person, and such official shall receive a copy of any notice,
    order, citation, or decision issued affecting any such mine. The
    mere designation of a health and safety official under this
    subsection shall not be construed as making such official subject
    to any penalty under this chapter.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 109, Dec. 30, 1969, 83 Stat. 756;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1310.)


-MISC1-
                                AMENDMENTS                            
      1977 - Pub. L. 95-164 substituted provisions relating to the
    posting of orders and decisions for provisions setting out an
    enumeration of penalties, which provisions, as revised, were
    transferred to section 820 of this title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 820                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 820. Penalties

-STATUTE-
    (a) Civil penalty for violation of mandatory health or safety
      standards
       (1) The operator of a coal or other mine in which a violation
    occurs of a mandatory health or safety standard or who violates any
    other provision of this chapter, shall be assessed a civil penalty
    by the Secretary which penalty shall not be more than $50,000 for
    each such violation. Each occurrence of a violation of a mandatory
    health or safety standard may constitute a separate offense.
      (2) The operator of a coal or other mine who fails to provide
    timely notification to the Secretary as required under section
    813(j) of this title (relating to the 15 minute requirement) shall
    be assessed a civil penalty by the Secretary of not less than
    $5,000 and not more than $60,000.
      (3)(A) The minimum penalty for any citation or order issued under
    section 814(d)(1) of this title shall be $2,000.
      (B) The minimum penalty for any order issued under section
    814(d)(2) of this title shall be $4,000.
      (4) Nothing in this subsection shall be construed to prevent an
    operator from obtaining a review, in accordance with section 816 of
    this title, of an order imposing a penalty described in this
    subsection. If a court, in making such review, sustains the order,
    the court shall apply at least the minimum penalties required under
    this subsection.
    (b) Civil penalty for failure to correct violation for which
      citation has been issued
      (1) Any operator who fails to correct a violation for which a
    citation has been issued under section 814(a) of this title within
    the period permitted for its correction may be assessed a civil
    penalty of not more than $$5,000 (!1) for each day during which
    such failure or violation continues.

      (2) Violations under this section that are deemed to be flagrant
    may be assessed a civil penalty of not more than $220,000. For
    purposes of the preceding sentence, the term "flagrant" with
    respect to a violation means a reckless or repeated failure to make
    reasonable efforts to eliminate a known violation of a mandatory
    health or safety standard that substantially and proximately
    caused, or reasonably could have been expected to cause, death or
    serious bodily injury.
    (c) Liability of corporate directors, officers, and agents
      Whenever a corporate operator violates a mandatory health or
    safety standard or knowingly violates or fails or refuses to comply
    with any order issued under this chapter or any order incorporated
    in a final decision issued under this chapter, except an order
    incorporated in a decision issued under subsection (a) of this
    section or section 815(c) of this title, any director, officer, or
    agent of such corporation who knowingly authorized, ordered, or
    carried out such violation, failure, or refusal shall be subject to
    the same civil penalties, fines, and imprisonment that may be
    imposed upon a person under subsections (a) and (d) of this
    section.
    (d) Criminal penalties
       Any operator who willfully violates a mandatory health or safety
    standard, or knowingly violates or fails or refuses to comply with
    any order issued under section 814 of this title and section 817 of
    this title, or any order incorporated in a final decision issued
    under this subchapter, except an order incorporated in a decision
    under subsection (a)(1) or section 815(c) of this title, shall,
    upon conviction, be punished by a fine of not more than $250,000,
    or by imprisonment for not more than one year, or by both, except
    that if the conviction is for a violation committed after the first
    conviction of such operator under this chapter, punishment shall be
    by a fine of not more than $500,000, or by imprisonment for not
    more than five years, or both.
    (e) Unauthorized advance notice of inspections
      Unless otherwise authorized by this chapter, any person who gives
    advance notice of any inspection to be conducted under this chapter
    shall, upon conviction, be punished by a fine of not more than
    $1,000 or by imprisonment for not more than six months, or both.
    (f) False statements, representations, or certifications
      Whoever knowingly makes any false statement, representation, or
    certification in any application, record, report, plan, or other
    document filed or required to be maintained pursuant to this
    chapter shall, upon conviction, be punished by a fine of not more
    than $10,000, or by imprisonment for not more than five years, or
    both.
    (g) Violation by miners of safety standards relating to smoking
      Any miner who willfully violates the mandatory safety standards
    relating to smoking or the carrying of smoking materials, matches,
    or lighters shall be subject to a civil penalty assessed by the
    Commission, which penalty shall not be more than $250 for each
    occurrence of such violation.
    (h) Equipment falsely represented as complying with statute,
      specification, or regulations
      Whoever knowingly distributes, sells, offers for sale,
    introduces, or delivers in commerce any equipment for use in a coal
    or other mine, including, but not limited to, components and
    accessories of such equipment, which is represented as complying
    with the provisions of this chapter, or with any specification or
    regulation of the Secretary applicable to such equipment, and which
    does not so comply, shall, upon conviction, be subject to the same
    fine and imprisonment that may be imposed upon a person under
    subsection (f) of this section.
    (i) Authority to assess civil penalties
      The Commission shall have authority to assess all civil penalties
    provided in this chapter. In assessing civil monetary penalties,
    the Commission shall consider the operator's history of previous
    violations, the appropriateness of such penalty to the size of the
    business of the operator charged, whether the operator was
    negligent, the effect on the operator's ability to continue in
    business, the gravity of the violation, and the demonstrated good
    faith of the person charged in attempting to achieve rapid
    compliance after notification of a violation. In proposing civil
    penalties under this chapter, the Secretary may rely upon a summary
    review of the information available to him and shall not be
    required to make findings of fact concerning the above factors.
    (j) Payment of penalties; interest
      Civil penalties owed under this chapter shall be paid to the
    Secretary for deposit into the Treasury of the United States and
    shall accrue to the United States and may be recovered in a civil
    action in the name of the United States brought in the United
    States district court for the district where the violation occurred
    or where the operator has its principal office. Interest at the
    rate of 8 percent per annum shall be charged against a person on
    any final order of the Commission, or the court. Interest shall
    begin to accrue 30 days after the issuance of such order.
    (k) Compromise, mitigation, and settlement of penalty
      No proposed penalty which has been contested before the
    Commission under section 815(a) of this title shall be compromised,
    mitigated, or settled except with the approval of the Commission.
    No penalty assessment which has become a final order of the
    Commission shall be compromised, mitigated, or settled except with
    the approval of the court.
    (l) Inapplicability to black lung benefit provisions
      The provisions of this section shall not be applicable with
    respect to subchapter IV of this chapter.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 110, Dec. 30, 1969, 83 Stat. 758;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1311;
    Pub. L. 101-508, title III, Sec. 3102, Nov. 5, 1990, 104 Stat. 1388-
    29; Pub. L. 109-236, Sec. 5(b), Sec. 8(a), June 15, 2006, 120
    Stat. 498, 500; Pub. L. 109-280, title XIII, Sec. 1301, Aug. 17,
    2006, 120 Stat. 1108.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-280, Sec. 1301(2), substituted
    "(1) The operator" for "(1)(1) The operator" in par. (1),
    substituted "subsection (a)(1)" for "paragraph (1)" in par. (2),
    relating to criminal penalties, and redesignated that par. as
    subsec. (d).
      Pub. L. 109-236, Sec. 8(a)(1), inserted "(1)" after subsec.
    heading, added par. (2), relating to criminal penalties, and added
    pars. (3) and (4).
      Pub. L. 109-236, Sec. 5(b), designated existing provisions as
    par. (1) and added par. (2), relating to civil penalties.
      Subsec. (b). Pub. L. 109-280, Sec. 1301(3), inserted par. (1) and
    (2) designations.
      Pub. L. 109-236, Sec. 8(a)(2), inserted at end "Violations under
    this section that are deemed to be flagrant may be assessed a civil
    penalty of not more than $220,000. For purposes of the preceding
    sentence, the term 'flagrant' with respect to a violation means a
    reckless or repeated failure to make reasonable efforts to
    eliminate a known violation of a mandatory health or safety
    standard that substantially and proximately caused, or reasonably
    could have been expected to cause, death or serious bodily injury."
      Subsec. (d). Pub. L. 109-280, Sec. 1301(2)(B)(ii), redesignated
    subsec. (a)(2), relating to criminal penalties, as (d).
      Pub. L. 109-280, Sec. 1301(1), struck out subsec. (d) which read
    as follows: "Any operator who willfully violates a mandatory health
    or safety standard, or knowingly violates or fails or refuses to
    comply with any order issued under section 814 of this title and
    section 817 of this title, or any order incorporated in a final
    decision issued under this subchapter, except an order incorporated
    in a decision under subsection (a) of this section or section
    815(c) of this title, shall, upon conviction, be punished by a fine
    of not more than $25,000, or by imprisonment for not more than one
    year, or by both, except that if the conviction is for a violation
    committed after the first conviction of such operator under this
    chapter, punishment shall be by a fine of not more than $50,000, or
    by imprisonment for not more than five years, or both."
      1990 - Subsec. (a). Pub. L. 101-508, Sec. 3102(1), substituted
    "$50,000" for "$10,000".
      Subsec. (b). Pub. L. 101-508, Sec. 3102(2), substituted "$5,000"
    for "1,000".
      1977 - Pub. L. 95-164 substituted provisions setting the civil
    and criminal penalties with regard to violations of this chapter
    for provisions relating to claims of idled miners, which
    provisions, as revised, were transferred to section 821 of this
    title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                                REGULATIONS                            
      Pub. L. 109-236, Sec. 8(b), June 15, 2006, 120 Stat. 501,
    provided that: "Not later than December 30, 2006, the Secretary of
    Labor shall promulgate final regulations with respect to
    penalties."

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    30 USC Sec. 821                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 821. Entitlement of miners to full compensation

-STATUTE-
      If a coal or other mine or area of such mine is closed by an
    order issued under section 813 of this title, section 814 of this
    title, or section 817 of this title, all miners working during the
    shift when such order was issued who are idled by such order shall
    be entitled, regardless of the result of any review of such order,
    to full compensation by the operator at their regular rates of pay
    for the period they are idled, but for not more than the balance of
    such shift. If such order is not terminated prior to the next
    working shift, all miners on that shift who are idled by such order
    shall be entitled to full compensation by the operator at their
    regular rates of pay for the period they are idled, but for not
    more than four hours of such shift. If a coal or other mine or area
    of such mine is closed by an order issued under section 814 of this
    title or section 817 of this title for a failure of the operator to
    comply with any mandatory health or safety standards, all miners
    who are idled due to such order shall be fully compensated after
    all interested parties are given an opportunity for a public
    hearing, which shall be expedited in such cases, and after such
    order is final, by the operator for lost time at their regular
    rates of pay for such time as the miners are idled by such closing,
    or for one week, whichever is the lesser. Whenever an operator
    violates or fails or refuses to comply with any order issued under
    section 813 of this title, section 814 of this title, or section
    817 of this title, all miners employed at the affected mine who
    would have been withdrawn from, or prevented from entering, such
    mine or area thereof as a result of such order shall be entitled to
    full compensation by the operator at their regular rates of pay, in
    addition to pay received for work performed after such order was
    issued, for the period beginning when such order was issued and
    ending when such order is complied with, vacated, or terminated.
    The Commission shall have authority to order compensation due under
    this section upon the filing of a complaint by a miner or his
    representative and after opportunity for hearing subject to section
    554 of title 5.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 111, Dec. 30, 1969, 83 Stat. 759;
    Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1312.)


-MISC1-
                                AMENDMENTS                            
      1977 - Pub. L. 95-164 substituted provisions relating to the
    entitlement of miners to their full compensation when they are
    idled as the result of the operation of this chapter for provisions
    relating to the maintenance of records, which provisions, as
    revised, were transferred to section 813 of this title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 822                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 822. Representation of Secretary in civil litigation by
      Solicitor of Labor

-STATUTE-
      Except as provided in section 518(a) of title 28, relating to
    litigation before the Supreme Court, the Solicitor of Labor may
    appear for and represent the Secretary in any civil litigation
    brought under this chapter but all such litigation shall be subject
    to the direction and control of the Attorney General.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 112, as added Pub. L. 95-164, title
    II, Sec. 201, Nov. 9, 1977, 91 Stat. 1313.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    816(f) of this title prior to the amendment of this subchapter by
    Pub. L. 95-164.

                              EFFECTIVE DATE                          
      Section effective 120 days after Nov. 9, 1977, see section 307 of
    Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 823                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 823. Federal Mine Safety and Health Review Commission

-STATUTE-
    (a) Establishment; membership; chairman
      The Federal Mine Safety and Health Review Commission is hereby
    established. The Commission shall consist of five members,
    appointed by the President by and with the advice and consent of
    the Senate, from among persons who by reason of training,
    education, or experience are qualified to carry out the functions
    of the Commission under this chapter. The President shall designate
    one of the members of the Commission to serve as Chairman.
    (b) Terms; personnel; administrative law judges
      (1) The terms of the members of the Commission shall be six
    years, except that - 
        (A) members of the Commission first taking office after
      November 9, 1977, shall serve, as designated by the President at
      the time of appointment, one for a term of two years, two for a
      term of four years and two for a term of six years; and
        (B) a vacancy caused by the death, resignation, or removal of
      any member prior to the expiration of the term for which he was
      appointed shall be filled only for the remainder of such
      unexpired term.

    Any member of the Commission may be removed by the President for
    inefficiency, neglect of duty, or malfeasance in office.
      (2) The Chairman shall be responsible on behalf of the Commission
    for the administrative operations of the Commission. The Commission
    shall appoint such employees as it deems necessary to assist in the
    performance of the Commission's functions and to fix their
    compensation in accordance with the provisions of chapter 51 and
    subchapter III of chapter 53 of title 5, relating to classification
    and general pay rates. Upon the effective date of the Federal Mine
    Safety and Health Amendments Act of 1977, the administrative law
    judges assigned to the Arlington, Virginia, facility of the Office
    of Hearings and Appeals, United States Department of the Interior,
    shall be automatically transferred in grade and position to the
    Federal Mine Safety and Health Review Commission. Notwithstanding
    the provisions of section 559 of title 5, the incumbent Chief
    Administrative Law Judge of the Office of Hearings and Appeals of
    the Department of the Interior assigned to the Arlington, Virginia
    facility shall have the option, on the effective date of the
    Federal Mine Safety and Health Amendments Act of 1977, of
    transferring to the Commission as an administrative law judge, in
    the same grade and position as the other administrative law judges.
    The administrative law judges (except those presiding over Indian
    Probate Matters) assigned to the Western facilities of the Office
    of Hearings and Appeals of the Department of the Interior shall
    remain with that Department at their present grade and position or
    they shall have the right to transfer on an equivalent basis to
    that extended in this paragraph to the Arlington, Virginia
    administrative law judges in accordance with procedures established
    by the Director of the Office of Personnel Management. The
    Commission shall appoint such additional administrative law judges
    as it deems necessary to carry out the functions of the Commission.
    Assignment, removal, and compensation of administrative law judges
    shall be in accordance with sections 3105, 3344, 5362 and 7521 of
    title 5.
    (c) Delegation of powers
      The Commission is authorized to delegate to any group of three or
    more members any or all of the powers of the Commission, except
    that two members shall constitute a quorum of any group designated
    pursuant to this paragraph.
    (d) Proceedings before administrative law judge; administrative
      review
      (1) An administrative law judge appointed by the Commission to
    hear matters under this chapter shall hear, and make a
    determination upon, any proceeding instituted before the Commission
    and any motion in connection therewith, assigned to such
    administrative law judge by the chief administrative law judge of
    the Commission or by the Commission, and shall make a decision
    which constitutes his final disposition of the proceedings. The
    decision of the administrative law judge of the Commission shall
    become the final decision of the Commission 40 days after its
    issuance unless within such period the Commission has directed that
    such decision shall be reviewed by the Commission in accordance
    with paragraph (2). An administrative law judge shall not be
    assigned to prepare a recommended decision under this chapter.
      (2) The Commission shall prescribe rules of procedure for its
    review of the decisions of administrative law judges in cases under
    this chapter which shall meet the following standards for review:
      (A)(i) Any person adversely affected or aggrieved by a decision
    of an administrative law judge, may file and serve a petition for
    discretionary review by the Commission of such decision within 30
    days after the issuance of such decision. Review by the Commission
    shall not be a matter of right but of the sound discretion of the
    Commission.
      (ii) Petitions for discretionary review shall be filed only upon
    one or more of the following grounds:
        (I) A finding or conclusion of material fact is not supported
      by substantial evidence.
        (II) A necessary legal conclusion is erroneous.
        (III) The decision is contrary to law or to the duly
      promulgated rules or decisions of the Commission.
        (IV) A substantial question of law, policy or discretion is
      involved.
        (V) A prejudicial error of procedure was committed.

      (iii) Each issue shall be separately numbered and plainly and
    concisely stated, and shall be supported by detailed citations to
    the record when assignments of error are based on the record, and
    by statutes, regulations, or principal authorities relied upon.
    Except for good cause shown, no assignment of error by any party
    shall rely on any question of fact or law upon which the
    administrative law judge had not been afforded an opportunity to
    pass. Review by the Commission shall be granted only by affirmative
    vote of two of the Commissioners present and voting. If granted,
    review shall be limited to the questions raised by the petition.
      (B) At any time within 30 days after the issuance of a decision
    of an administrative law judge, the Commission may in its
    discretion (by affirmative vote of two of the Commissioners present
    and voting) order the case before it for review but only upon the
    ground that the decision may be contrary to law or Commission
    policy, or that a novel question of policy has been presented. The
    Commission shall state in such order the specific issue of law,
    Commission policy, or novel question of policy involved. If a
    party's petition for discretionary review has been granted, the
    Commission shall not raise or consider additional issues in such
    review proceedings except in compliance with the requirements of
    this paragraph.
      (C) For the purpose of review by the Commission under paragraph
    (A) or (B) of this subsection, the record shall include: (i) all
    matters constituting the record upon which the decision of the
    administrative law judge was based; (ii) the rulings upon proposed
    findings and conclusions; (iii) the decision of the administrative
    law judge; (iv) the petition or petitions for discretionary review,
    responses thereto, and the Commission's order for review; and (v)
    briefs filed on review. No other material shall be considered by
    the Commission upon review. The Commission either may remand the
    case to the administrative law judge for further proceedings as it
    may direct or it may affirm, set aside, or modify the decision or
    order of the administrative law judge in conformity with the
    record. If the Commission determines that further evidence is
    necessary on an issue of fact it shall remand the case for further
    proceedings before the administrative law judge.
      (The provisions of section 557(b) of title 5 with regard to the
    review authority of the Commission are expressly superseded to the
    extent that they are inconsistent with the provisions of
    subparagraphs (A), (B), and (C) of this paragraph.)
    (e) Witnesses and evidence; subpoenas; contempt
      In connection with hearings before the Commission or its
    administrative law judges under this chapter, the Commission and
    its administrative law judges may compel the attendance and
    testimony of witnesses and the production of books, papers, or
    documents, or objects, and order testimony to be taken by
    deposition at any stage of the proceedings before them. Any person
    may be compelled to appear and depose and produce similar
    documentary or physical evidence, in the same manner as witnesses
    may be compelled to appear and produce evidence before the
    Commission and its administrative law judges. Witnesses shall be
    paid the same fees and mileage that are paid witnesses in the
    courts of the United States and at depositions ordered by such
    courts. In case of contumacy, failure, or refusal of any person to
    obey a subpoena or order of the Commission or an administrative law
    judge, respectively, to appear, to testify, or to produce
    documentary or physical evidence, any district court of the United
    States or the United States courts of any territory or possession,
    within the jurisdiction of which such person is found, or resides,
    or transacts business, shall, upon the application of the
    Commission, or the administrative law judge, respectively, have
    jurisdiction to issue to such person an order requiring such person
    to appear, to testify, or to produce evidence as ordered by the
    Commission or the administrative law judge, respectively, and any
    failure to obey such order of the court may be punished by the
    court as a contempt thereof.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 113, as added Pub. L. 95-164, title
    II, Sec. 201, Nov. 9, 1977, 91 Stat. 1313; 1978 Reorg. Plan No. 2,
    Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of the Federal Mine Safety and Health
    Amendments Act of 1977, referred to in subsec. (b)(2), see section
    307 of Pub. L. 95-164, set out as an Effective Date of 1977
    Amendment note under section 801 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section 729
    of this title prior to its repeal by Pub. L. 95-164.

                              EFFECTIVE DATE                          
      Section effective 120 days after Nov. 9, 1977, see section 307 of
    Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" substituted for
    "Civil Service Commission" in subsec. (b)(2) pursuant to Reorg.
    Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out
    under section 1101 of Title 5, Government Organization and
    Employees, which transferred all functions vested by statute in
    United States Civil Service Commission to Director of Office of
    Personnel Management (except as otherwise specified), effective
    Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107,
    Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

-End-



-CITE-
    30 USC Sec. 823a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 823a. Principal office in District of Columbia; proceedings
      held elsewhere

-STATUTE-
      The principal office of the Commission shall be in the District
    of Columbia. Whenever the Commission deems that convenience of the
    public or the parties may be promoted, or delay or expense may be
    minimized, it may hold hearings or conduct other proceedings at any
    other place.

-SOURCE-
    (Pub. L. 95-164, title III, Sec. 302(d), Nov. 9, 1977, 91 Stat.
    1320.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of Pub. L. 95-164, known as the
    Federal Mine Safety and Health Amendments Act of 1977, and not as
    part of Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, known as the
    Federal Mine Safety and Health Act of 1977 which comprises this
    chapter.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective 120 days after Nov. 9, 1977, see section 307 of
    Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 824                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 824. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated, out of any moneys in the
    Treasury not otherwise appropriated, such sums as may be necessary
    to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 114, as added Pub. L. 95-164, title
    II, Sec. 201, Nov. 9, 1977, 91 Stat. 1315.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective 120 days after Nov. 9, 1977, see section 307 of
    Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 825                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 825. Mandatory health and safety training

-STATUTE-
    (a) Approved program; regulations
      Each operator of a coal or other mine shall have a health and
    safety training program which shall be approved by the Secretary.
    The Secretary shall promulgate regulations with respect to such
    health and safety training programs not more than 180 days after
    the effective date of the Federal Mine Safety and Health Amendments
    Act of 1977. Each training program approved by the Secretary shall
    provide as a minimum that - 
        (1) new miners having no underground mining experience shall
      receive no less than 40 hours of training if they are to work
      underground. Such training shall include instruction in the
      statutory rights of miners and their representatives under this
      chapter, use of the self-rescue device and use of respiratory
      devices, hazard recognition, escapeways, walk around training,
      emergency procedures, basic ventilation, basic roof control,
      electrical hazards, first aid, and the health and safety aspects
      of the task to which he will be assigned;
        (2) new miners having no surface mining experience shall
      receive no less than 24 hours of training if they are to work on
      the surface. Such training shall include instruction in the
      statutory rights of miners and their representatives under this
      chapter, use of the self-rescue device where appropriate and use
      of respiratory devices where appropriate, hazard recognition,
      emergency procedures, electrical hazards, first aid, walk around
      training and the health and safety aspects of the task to which
      he will be assigned;
        (3) all miners shall receive no less than eight hours of
      refresher training no less frequently than once each 12 months,
      except that miners already employed on the effective date of the
      Federal Mine Safety and Health Amendments Act of 1977 shall
      receive this refresher training no more than 90 days after the
      date of approval of the training plan required by this section;
        (4) any miner who is reassigned to a new task in which he has
      had no previous work experience shall receive training in
      accordance with a training plan approved by the Secretary under
      this subsection in the safety and health aspects specific to that
      task prior to performing that task;
        (5) any training required by paragraphs (1), (2) or (4) shall
      include a period of training as closely related as is practicable
      to the work in which the miner is to be engaged.
    (b) Training compensation
      Any health and safety training provided under subsection (a) of
    this section shall be provided during normal working hours. Miners
    shall be paid at their normal rate of compensation while they take
    such training, and new miners shall be paid at their starting wage
    rate when they take the new miner training. If such training shall
    be given at a location other than the normal place of work, miners
    shall also be compensated for the additional costs they may incur
    in attending such training sessions.
    (c) Certificate
      Upon completion of each training program, each operator shall
    certify, on a form approved by the Secretary, that the miner has
    received the specified training in each subject area of the
    approved health and safety training plan. A certificate for each
    miner shall be maintained by the operator, and shall be available
    for inspection at the mine site, and a copy thereof shall be given
    to each miner at the completion of such training. When a miner
    leaves the operator's employ, he shall be entitled to a copy of his
    health and safety training certificates. False certification by an
    operator that training was given shall be punishable under section
    820(a) and (f) of this title; and each health and safety training
    certificate shall indicate on its face, in bold letters, printed in
    a conspicuous manner the fact that such false certification is so
    punishable.
    (d) Standards
      The Secretary shall promulgate appropriate standards for safety
    and health training for coal or other mine construction workers.
    (e) Proposed regulations
      (1) Within 180 days after the effective date of the Federal Mine
    Safety and Health Amendments Act of 1977, the Secretary shall
    publish proposed regulations which shall provide that mine rescue
    teams shall be available for rescue and recovery work to each
    underground coal or other mine in the event of an emergency. The
    costs of making advance arrangements for such teams shall be borne
    by the operator of each such mine.
      (2)(A) The Secretary shall issue regulations with regard to mine
    rescue teams which shall be finalized and in effect not later than
    18 months after June 15, 2006.
      (B) Such regulations shall provide for the following:
        (i) That such regulations shall not be construed to waive
      operator training requirements applicable to existing mine rescue
      teams.
        (ii) That the Mine Safety and Health Administration shall
      establish, and update every 5 years thereafter, criteria to
      certify the qualifications of mine rescue teams.
        (iii)(I) That the operator of each underground coal mine with
      more than 36 employees - 
          (aa) have an employee knowledgeable in mine emergency
        response who is employed at the mine on each shift at each
        underground mine; and
          (bb) make available two certified mine rescue teams whose
        members - 
            (AA) are familiar with the operations of such coal mine;
            (BB) participate at least annually in two local mine rescue
          contests;
            (CC) participate at least annually in mine rescue training
          at the underground coal mine covered by the mine rescue team;
          and
            (DD) are available at the mine within one hour ground
          travel time from the mine rescue station.

        (II)(aa) For the purpose of complying with subclause (I), an
      operator shall employ one team that is either an individual mine
      site mine rescue team or a composite team as provided for in item
      (bb)(BB).
        (bb) The following options may be used by an operator to comply
      with the requirements of item (aa):
          (AA) An individual mine-site mine rescue team.
          (BB) A multi-employer composite team that is made up of team
        members who are knowledgeable about the operations and
        ventilation of the covered mines and who train on a semi-annual
        basis at the covered underground coal mine - 
            (aaa) which provides coverage for multiple operators that
          have team members which include at least two active employees
          from each of the covered mines;
            (bbb) which provides coverage for multiple mines owned by
          the same operator which members include at least two active
          employees from each mine; or
            (ccc) which is a State-sponsored mine rescue team comprised
          of at least two active employees from each of the covered
          mines.

          (CC) A commercial mine rescue team provided by contract
        through a third-party vendor or mine rescue team provided by
        another coal company, if such team - 
            (aaa) trains on a quarterly basis at covered underground
          coal mines;
            (bbb) is knowledgeable about the operations and ventilation
          of the covered mines; and
            (ccc) is comprised of individuals with a minimum of 3 years
          underground coal mine experience that shall have occurred
          within the 10-year period preceding their employment on the
          contract mine rescue team.

          (DD) A State-sponsored team made up of State employees.

        (iv) That the operator of each underground coal mine with 36 or
      less employees shall - 
          (I) have an employee on each shift who is knowledgeable in
        mine emergency responses; and
          (II) make available two certified mine rescue teams whose
        members - 
            (aa) are familiar with the operations of such coal mine;
            (bb) participate at least annually in two local mine rescue
          contests;
            (cc) participate at least semi-annually in mine rescue
          training at the underground coal mine covered by the mine
          rescue team;
            (dd) are available at the mine within one hour ground
          travel time from the mine rescue station;
            (ee) are knowledgeable about the operations and ventilation
          of the covered mines; and
            (ff) are comprised of individuals with a minimum of 3 years
          underground coal mine experience that shall have occurred
          within the 10-year period preceding their employment on the
          contract mine rescue team.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 115, as added Pub. L. 95-164, title
    II, Sec. 201, Nov. 9, 1977, 91 Stat. 1315; amended Pub. L. 109-236,
    Sec. 4, June 15, 2006, 120 Stat. 497.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of the Federal Mine Safety and Health
    Amendments Act of 1977, referred to in subsecs. (a) and (e)(1), see
    section 307 of Pub. L. 95-164, set out as an Effective Date of 1977
    Amendment note under section 801 of this title.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (e). Pub. L. 109-236 designated existing
    provisions as par. (1) and added par. (2).

                              EFFECTIVE DATE                          
      Section effective 120 days after Nov. 9, 1977, see section 307 of
    Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 826                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 826. Limitation on certain liability for rescue operations

-STATUTE-
    (a) In general
      No person shall bring an action against any covered individual or
    his or her regular employer for property damage or an injury (or
    death) sustained as a result of carrying out activities relating to
    mine accident rescue or recovery operations. This subsection shall
    not apply where the action that is alleged to result in the
    property damages or injury (or death) was the result of gross
    negligence, reckless conduct, or illegal conduct or, where the
    regular employer (as such term is used in this chapter) is the
    operator of the mine at which the rescue activity takes place.
    Nothing in this section shall be construed to preempt State
    workers' compensation laws.
    (b) Covered individual
      For purposes of subsection (a), the term "covered individual"
    means an individual - 
        (1) who is a member of a mine rescue team or who is otherwise a
      volunteer with respect to a mine accident; and
        (2) who is carrying out activities relating to mine accident
      rescue or recovery operations.
    (c) Regular employer
      For purposes of subsection (a), the term "regular employer" means
    the entity that is the covered employee's legal or statutory
    employer pursuant to applicable State law.

-SOURCE-
    (Pub. L. 91-173, title I, Sec. 116, as added Pub. L. 109-236, Sec.
    3, June 15, 2006, 120 Stat. 496.)

-End-


-CITE-
    30 USC SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS    01/03/2007 

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
            SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS        

-End-



-CITE-
    30 USC Sec. 841                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
    Sec. 841. Mandatory health standards for underground mines;
      enforcement; review; purpose

-STATUTE-
      (a) The provisions of sections 842 through 846 of this title and
    the applicable provisions of section 878 of this title shall be
    interim mandatory health standards applicable to all underground
    coal mines until superseded in whole or in part by improved
    mandatory health standards promulgated by the Secretary under the
    provisions of section 811 of this title, and shall be enforced in
    the same manner and to the same extent as any mandatory health
    standard promulgated under the provisions of section 811 of this
    title. Any orders issued in the enforcement of the interim
    standards set forth in this subchapter shall be subject to review
    as provided in subchapter I of this chapter.
      (b) Among other things, it is the purpose of this subchapter to
    provide, to the greatest extent possible, that the working
    conditions in each underground coal mine are sufficiently free of
    respirable dust concentrations in the mine atmosphere to permit
    each miner the opportunity to work underground during the period of
    his entire adult working life without incurring any disability from
    pneumoconiosis or any other occupation-related disease during or at
    the end of such period.

-SOURCE-
    (Pub. L. 91-173, title II, Sec. 201, Dec. 30, 1969, 83 Stat. 760.)


-MISC1-
                              EFFECTIVE DATE                          
      Subchapter operative six months after Dec. 30, 1969, except to
    the extent an earlier date is specifically provided for in Pub. L.
    91-173, see section 509 of Pub. L. 91-173, set out as a note under
    section 801 of this title.

-End-



-CITE-
    30 USC Sec. 842                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
    Sec. 842. Dust concentration and respiratory equipment

-STATUTE-
    (a) Samples; procedures; transmittal; notice of excess
      concentration; periodic reports to Secretary; contents
      Each operator of a coal mine shall take accurate samples of the
    amount of respirable dust in the mine atmosphere to which each
    miner in the active workings of such mine is exposed. Such samples
    shall be taken by any device approved by the Secretary and the
    Secretary of Health and Human Services and in accordance with such
    methods, at such locations, at such intervals, and in such manner
    as the Secretaries shall prescribe in the Federal Register within
    sixty days from December 30, 1969 and from time to time thereafter.
    Such samples shall be transmitted to the Secretary in a manner
    established by him, and analyzed and recorded by him in a manner
    that will assure application of the provisions of section 814(i) of
    this title when the applicable limit on the concentration of
    respirable dust required to be maintained under this section is
    exceeded. The results of such samples shall also be made available
    to the operator. Each operator shall report and certify to the
    Secretary at such intervals as the Secretary may require as to the
    conditions in the active workings of the coal mine, including, but
    not limited to, the average number of working hours worked during
    each shift, the quantity and velocity of air regularly reaching the
    working faces, the method of mining, the amount and pressure of the
    water, if any, reaching the working faces, and the number,
    location, and type of sprays, if any, used.
    (b) Standards; noncompliance permit; renewal; procedures;
      limitations; extension period
      Except as otherwise provided in this subsection - 
        (1) Effective on the operative date of this subchapter, each
      operator shall continuously maintain the average concentration of
      respirable dust in the mine atmosphere during each shift to which
      each miner in the active workings of such mine is exposed at or
      below 3.0 milligrams of respirable dust per cubic meter of air.
        (2) Effective three years after December 30, 1969, each
      operator shall continuously maintain the average concentration of
      respirable dust in the mine atmosphere during each shift to which
      each miner in the active workings of such mine is exposed at or
      below 2.0 milligrams of respirable dust per cubic meter of air.
        (3) Any operator who determines that he will be unable, using
      available technology, to comply with the provisions of paragraph
      (1) of this subsection, or the provisions of paragraph (2) of
      this subsection, as appropriate, may file with the Panel, no
      later than sixty days prior to the effective date of the
      applicable respirable dust standard established by such
      paragraphs, an application for a permit for noncompliance. If, in
      the case of an application for a permit for noncompliance with
      the 3.0 milligram standard established by paragraph (1) of this
      subsection, the application satisfies the requirements of
      subsection (c) of this section, the Panel shall issue a permit
      for noncompliance to the operator. If, in the case of an
      application for a permit for noncompliance with the 2.0 milligram
      standard established by paragraph (2) of this subsection, the
      application satisfies the requirements of subsection (c) of this
      section and the Panel determines that the applicant will be
      unable to comply with such standard, the Panel shall issue to the
      operator a permit for noncompliance.
        (4) In any case in which an operator, who has been issued a
      permit (including a renewal permit) for noncompliance under this
      section, determines, not more than ninety days prior to the
      expiration date of such permit, that he still is unable to comply
      with the standard established by paragraph (1) of this subsection
      or the standard established by paragraph (2) of this subsection,
      as appropriate, he may file with the Panel an application for
      renewal of the permit. Upon receipt of such application, the
      Panel, if it determines, after all interested persons have been
      notified and given an opportunity for a public hearing under
      section 804 of this title, that the application is in compliance
      with the provisions of subsection (c) of this section, and that
      the applicant will be unable to comply with such standard, may
      renew the permit.
        (5) Any such permit or renewal thereof so issued shall be in
      effect for a period not to exceed one year and shall entitle the
      permittee during such period to maintain continuously the average
      concentration of respirable dust in the mine atmosphere during
      each shift in the working places of such mine to which the permit
      applies at a level specified by the Panel, which shall be at the
      lowest level which the application shows the conditions,
      technology applicable to such mine, and other available and
      effective control techniques and methods will permit, but in no
      event shall such level exceed 4.5 milligrams of dust per cubic
      meter of air during the period when the 3.0 milligram standard is
      in effect, or 3.0 milligrams of dust per cubic meter of air
      during the period when the 2.0 milligram standard is in effect.
        (6) No permit or renewal thereof for noncompliance shall
      entitle any operator to an extension of time beyond eighteen
      months from December 30, 1969 to comply with the 3.0 milligram
      standard established by paragraph (1) of this subsection, or
      beyond seventy-two months from December 30, 1969 to comply with
      the 2.0 milligram standard established by paragraph (2) of this
      subsection.
    (c) Applications for noncompliance; contents
      Any application for an initial or renewal permit made pursuant to
    this section shall contain - 
        (1) a representation by the applicant and the engineer
      conducting the survey referred to in paragraph (2) of this
      subsection that the applicant is unable to comply with the
      standard applicable under subsection (b)(1) or (b)(2) of this
      section at specified working places because the technology for
      reducing the concentration of respirable dust at such places is
      not available, or because of the lack of other effective control
      techniques or methods, or because of any combination of such
      reasons;
        (2) an identification of the working places in such mine for
      which the permit is requested; the results of an engineering
      survey by a certified engineer of the respirable dust conditions
      of each working place of the mine with respect to which such
      application is filed and the ability to reduce such dust to the
      level required to be maintained in such place under this section;
      a description of the ventilation system of the mine and its
      capacity; the quantity and velocity of air regularly reaching the
      working faces; the method of mining; the amount and pressure of
      the water, if any, reaching the working faces; the number,
      location, and type of sprays, if any; action taken to reduce such
      dust; and such other information as the Panel may require; and
        (3) statements by the applicant and the engineer conducting
      such survey, of the means and methods to be employed to achieve
      compliance with the applicable standard, the progress made toward
      achieving compliance, and an estimate of when compliance can be
      achieved.
    (d) Promulgation of new standards; procedures
      Beginning six months after the operative date of this subchapter
    and from time to time thereafter, the Secretary of Health and Human
    Services shall establish, in accordance with the provisions of
    section 811 of this title, a schedule reducing the average
    concentration of respirable dust in the mine atmosphere during each
    shift to which each miner in the active workings is exposed below
    the levels established in this section to a level of personal
    exposure which will prevent new incidences of respiratory disease
    and the further development of such disease in any person. Such
    schedule shall specify the minimum time necessary to achieve such
    levels taking into consideration present and future advancements in
    technology to reach these levels.
    (e) Concentration of respirable dust
      References to concentrations of respirable dust in this
    subchapter mean the average concentration of respirable dust
    measured with a device approved by the Secretary and the Secretary
    of Health and Human Services.
    (f) Average concentration
      For the purpose of this subchapter, the term "average
    concentration" means a determination which accurately represents
    the atmospheric conditions with regard to respirable dust to which
    each miner in the active workings of a mine is exposed (1) as
    measured, during the 18 month period following December 30, 1969,
    over a number of continuous production shifts to be determined by
    the Secretary and the Secretary of Health and Human Services, and
    (2) as measured thereafter, over a single shift only, unless the
    Secretary and the Secretary of Health and Human Services find, in
    accordance with the provisions of section 811 of this title, that
    such single shift measurement will not, after applying valid
    statistical techniques to such measurement, accurately represent
    such atmospheric conditions during such shift.
    (g) Compliance inspections
      The Secretary shall cause to be made such frequent spot
    inspections as he deems appropriate of the active workings of coal
    mines for the purpose of obtaining compliance with the provisions
    of this subchapter.
    (h) Maintenance of respiratory equipment; substitutes for
      environmental controls
      Respiratory equipment approved by the Secretary and the Secretary
    of Health and Human Services shall be made available to all persons
    whenever exposed to concentrations of respirable dust in excess of
    the levels required to be maintained under this chapter. Use of
    respirators shall not be substituted for environmental control
    measures in the active workings. Each operator shall maintain a
    supply of respiratory equipment adequate to deal with occurrences
    of concentrations of respirable dust in the mine atmosphere in
    excess of the levels required to be maintained under this chapter.

-SOURCE-
    (Pub. L. 91-173, title II, Sec. 202, Dec. 30, 1969, 83 Stat. 760;
    Pub. L. 95-164, title II, Sec. 202(a), Nov. 9, 1977, 91 Stat. 1317;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in
    subsecs. (b)(1) and (d), see section 509 of Pub. L. 91-173, set out
    as a note under section 801 of this title.


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (e). Pub. L. 95-164 substituted a general
    reference to an "approved device" used to measure the average
    concentration of respirable dust for provisions which had referred
    to a specific device known as an "MRE instrument".

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsecs. (a), (d)
    to (f), and (h) pursuant to section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective Nov. 9, 1977, see section
    307 of Pub. L. 95-164, set out as a note under section 801 of this
    title.

-End-



-CITE-
    30 USC Sec. 843                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
    Sec. 843. Medical examinations

-STATUTE-
    (a) Chest roentgenogram; availability; periodic intervals; other
      tests; transmittal of results; advice of rights
      The operator of a coal mine shall cooperate with the Secretary of
    Health and Human Services in making available to each miner working
    in a coal mine the opportunity to have a chest roentgenogram within
    eighteen months after December 30, 1969, a second chest
    roentgenogram within three years thereafter, and subsequent chest
    roentgenograms at such intervals thereafter of not to exceed five
    years as the Secretary of Health and Human Services prescribes.
    Each worker who begins work in a coal mine for the first time shall
    be given, as soon as possible after commencement of his employment,
    and again three years later if he is still engaged in coal mining,
    a chest roentgenogram; and in the event the second such chest
    roentgenogram shows evidence of the development of pneumoconiosis
    the worker shall be given, two years later if he is still engaged
    in coal mining, an additional chest roentgenogram. All chest
    roentgenograms shall be given in accordance with specifications
    prescribed by the Secretary of Health and Human Services and shall
    be supplemented by such other tests as the Secretary of Health and
    Human Services deems necessary. The films shall be read and
    classified in a manner to be prescribed by the Secretary of Health
    and Human Services, and the results of each reading on each such
    person and of such tests shall be submitted to the Secretary and to
    the Secretary of Health and Human Services, and, at the request of
    the miner, to his physician. The Secretary shall also submit such
    results to such miner and advise him of his rights under this
    chapter related thereto. Such specifications, readings,
    classifications, and tests shall, to the greatest degree possible,
    be uniform for all coal mines and miners in such mines.
    (b) Evidence of pneumoconiosis; option to transfer; wages
      (1) On and after the operative date of this subchapter, any miner
    who, in the judgment of the Secretary of Health and Human Services
    based upon such reading or other medical examinations, shows
    evidence of the development of pneumoconiosis shall be afforded the
    option of transferring from his position to another position in any
    area of the mine, for such period or periods as may be necessary to
    prevent further development of such disease, where the
    concentration of respirable dust in the mine atmosphere is not more
    than 2.0 milligrams of dust per cubic meter of air.
      (2) Effective three years after December 30, 1969, any miner who,
    in the judgment of the Secretary of Health and Human Services based
    upon such reading or other medical examinations, shows evidence of
    the development of pneumoconiosis shall be afforded the option of
    transferring from his position to another position in any area of
    the mine, for such period or periods as may be necessary to prevent
    further development of such disease, where the concentration of
    respirable dust in the mine atmosphere is not more than 1.0
    millograms (!1) of dust per cubic meter of air, or if such level is
    not attainable in such mine, to a position in such mine where the
    concentration of respirable dust is the lowest attainable below 2.0
    milligrams per cubic meter of air.

      (3) Any miner so transferred shall receive compensation for such
    work at not less than the regular rate of pay received by him
    immediately prior to his transfer.
    (c) Costs of examinations and tests
      No payment may be required of any miner in connection with any
    examination or test given him pursuant to this subchapter. Where
    such examinations or tests cannot be given, due to the lack of
    adequate medical or other necessary facilities or personnel, in the
    locality where the miner resides, arrangements shall be made to
    have them conducted, in accordance with the provisions of this
    subchapter, in such locality by the Secretary of Health and Human
    Services, or by an appropriate person, agency, or institution,
    public or private, under an agreement or arrangement between the
    Secretary of Health and Human Services and such person, agency, or
    institution. The operator of the mine shall reimburse the Secretary
    of Health and Human Services, or such person, agency, or
    institution, as the case may be, for the cost of conducting each
    examination or test made, in accordance with this subchapter, and
    shall pay whatever other costs are necessary to enable the miner to
    take such examinations or tests.
    (d) Autopsies
      If the death of any active miner occurs in any coal mine, or if
    the death of any active or inactive miner occurs in any other
    place, the Secretary of Health and Human Services is authorized to
    provide for an autopsy to be performed on such miner, with the
    consent of his surviving widow or, if he has no such widow, then
    with the consent of his surviving next of kin. The results of such
    autopsy shall be submitted to the Secretary of Health and Human
    Services and, with the consent of such survivor, to the miner's
    physician or other interested person. Such autopsy shall be paid
    for by the Secretary of Health and Human Services.

-SOURCE-
    (Pub. L. 91-173, title II, Sec. 203, Dec. 30, 1969, 83 Stat. 763;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For operative date of this subchapter, referred to in subsec.
    (b)(1), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted in text for
    "Secretary of Health, Education, and Welfare" pursuant to section
    509(b) of Pub. L. 96-88 which is classified to section 3508(b) of
    Title 20, Education.

-FOOTNOTE-
    (!1) So in original. Probably should be "milligrams".


-End-



-CITE-
    30 USC Sec. 844                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
    Sec. 844. Rock dust and gas hazards; controls

-STATUTE-
      The dust resulting from drilling in rock shall be controlled by
    the use of permissible dust collectors, or by water or water with a
    wetting agent, or by ventilation, or by any other method or device
    approved by the Secretary which is at least as effective in
    controlling such dust. Respiratory equipment approved by the
    Secretary and the Secretary of Health and Human Services shall be
    provided persons exposed for short periods to inhalation hazards
    from gas, dusts, fumes, or mist. When the exposure is for prolonged
    periods, other measures to protect such persons or to reduce the
    hazard shall be taken.

-SOURCE-
    (Pub. L. 91-173, title II, Sec. 204, Dec. 30, 1969, 83 Stat. 764;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted in text for
    "Secretary of Health, Education, and Welfare" pursuant to section
    509(b) of Pub. L. 96-88 which is classified to section 3508(b) of
    Title 20, Education.

-End-



-CITE-
    30 USC Sec. 845                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
    Sec. 845. Dust standards in presence of quartz

-STATUTE-
      In coal mining operations where the concentration of respirable
    dust in the mine atmosphere of any working place contains more than
    5 per centum quartz, the Secretary of Health and Human Services
    shall prescribe an appropriate formula for determining the
    applicable respirable dust standard under this subchapter for such
    working place and the Secretary shall apply such formula in
    carrying out his duties under this subchapter.

-SOURCE-
    (Pub. L. 91-173, title II, Sec. 205, Dec. 30, 1969, 83 Stat. 765;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted in text for
    "Secretary of Health, Education, and Welfare" pursuant to section
    509(b) of Pub. L. 96-88 which is classified to section 3508(b) of
    Title 20, Education.

-End-



-CITE-
    30 USC Sec. 846                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-
    Sec. 846. Noise standards; promulgation of new standards; tests;
      procedures; protective devices

-STATUTE-
      On and after the operative date of this subchapter, the standards
    on noise prescribed under the Walsh-Healey Public Contracts Act, as
    amended [41 U.S.C. 35 et seq.], in effect October 1, 1969, shall be
    applicable to each coal mine and each operator of such mine shall
    comply with them. Within six months after December 30, 1969, the
    Secretary of Health and Human Services shall establish, and the
    Secretary shall publish, as provided in section 811 of this title,
    proposed mandatory health standards establishing maximum noise
    exposure levels for all underground coal mines. Beginning six
    months after the operative date of this subchapter, and at
    intervals of at least every six months thereafter, the operator of
    each coal mine shall conduct, in a manner prescribed by the
    Secretary of Health and Human Services, tests by a qualified person
    of the noise level at the mine and report and certify the results
    to the Secretary and the Secretary of Health and Human Services. In
    meeting such standard under this section, the operator shall not
    require the use of any protective device or system, including
    personal devices, which the Secretary or his authorized
    representative finds to be hazardous or cause a hazard to the
    miners in such mine.

-SOURCE-
    (Pub. L. 91-173, title II, Sec. 206, Dec. 30, 1969, 83 Stat. 765;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in text,
    see section 509 of Pub. L. 91-173, set out as an Effective Date
    note under section 801 of this title.
      The Walsh-Healey Public Contracts Act, as amended, referred to in
    text, probably means act June 30, 1936, ch. 881, 49 Stat. 2036, as
    amended, known as the Walsh-Healey Act, which is classified
    generally to sections 35 to 45 of Title 41, Public Contracts. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 35 of Title 41 and Tables. See also
    section 262 of Title 29, Labor.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted in text for
    "Secretary of Health, Education, and Welfare" pursuant to section
    509(b) of Pub. L. 96-88 which is classified to section 3508(b) of
    Title 20, Education.

-End-


-CITE-
    30 USC SUBCHAPTER III - INTERIM MANDATORY SAFETY
           STANDARDS FOR UNDERGROUND COAL MINES            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
                                COAL MINES

-End-



-CITE-
    30 USC Sec. 861                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 861. Mandatory safety standards for underground mines

-STATUTE-
    (a) Coverage; enforcement; review
      The provisions of sections 862 through 878 of this title shall be
    interim mandatory safety standards applicable to all underground
    coal mines until superseded in whole or in part by improved
    mandatory safety standards promulgated by the Secretary under the
    provisions of section 811 of this title, and shall be enforced in
    the same manner and to the same extent as any mandatory safety
    standard promulgated under section 811 of this title. Any orders
    issued in the enforcement of the interim standards set forth in
    this subchapter shall be subject to review as provided in
    subchapter I of this chapter.
    (b) Purpose; initiation of studies and research
      The purpose of this subchapter is to provide for the immediate
    application of mandatory safety standards developed on the basis of
    experience and advances in technology and to prevent newly created
    hazards resulting from new technology in coal mining. The Secretary
    of the Interior in coordination with the Secretary shall
    immediately initiate studies, investigations, and research to
    further upgrade such standards and to develop and promulgate new
    and improved standards promptly that will provide increased
    protection to the miners, particularly in connection with hazards
    from trolley wires, trolley feeder wires, and signal wires, the
    splicing and use of trailing cables, and in connection with
    improvements in vulcanizing of electric conductors, improvement in
    roof control measures, methane drainage in advance of mining,
    improved methods of measuring methane and other explosive gases and
    oxygen concentrations, and the use of improved underground
    equipment and other sources of power for such equipment.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 301, Dec. 30, 1969, 83 Stat. 765;
    Pub. L. 95-164, title II, Sec. 203, Nov. 9, 1977, 91 Stat. 1317.)


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (b). Pub. L. 95-164, Sec. 203(a), substituted "The
    Secretary of the Interior in coordination with the Secretary shall
    immediately initiate studies" for "The Secretary shall immediately
    initiate studies".
      Subsecs. (c), (d). Pub. L. 95-164, Sec. 203(b), struck out
    subsec. (c) which related to the modification of standards, and
    subsec. (d) which related to the applicability of section 553 of
    title 5 in cases where the provisions of sections 862 to 878 of
    this title had provided that certain actions, conditions, or
    requirements be carried out as prescribed by the Secretary or the
    Secretary of Health, Education, and Welfare.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                              EFFECTIVE DATE                          
      Subchapter operative 90 days after Dec. 30, 1969, except to the
    extent an earlier date is specifically provided for in Pub. L. 91-
    173, see section 509 of Pub. L. 91-173, set out as a note under
    section 801 of this title.

-End-



-CITE-
    30 USC Sec. 862                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 862. Roof support

-STATUTE-
    (a) Roof control plan; contents; review; availability
      Each operator shall undertake to carry out on a continuing basis
    a program to improve the roof control system of each coal mine and
    the means and measures to accomplish such system. The roof and ribs
    of all active underground roadways, travelways, and working places
    shall be supported or otherwise controlled adequately to protect
    persons from falls of the roof or ribs. A roof control plan and
    revisions thereof suitable to the roof conditions and mining system
    of each coal mine and approved by the Secretary shall be adopted
    and set out in printed form within sixty days after the operative
    date of this subchapter. The plan shall show the type of support
    and spacing approved by the Secretary. Such plan shall be reviewed
    periodically, at least every six months by the Secretary, taking
    into consideration any falls of roof or ribs or inadequacy of
    support of roof or ribs. No person shall proceed beyond the last
    permanent support unless adequate temporary support is provided or
    unless such temporary support is not required under the approved
    roof control plan and the absence of such support will not pose a
    hazard to the miners. A copy of the plan shall be furnished the
    Secretary or his authorized representative and shall be available
    to the miners and their representatives.
    (b) Creation of dangers by roof falls
      The method of mining followed in any coal mine shall not expose
    the miner to unusual dangers from roof falls caused by excessive
    widths of rooms and entries or faulty pillar recovery methods.
    (c) Location and supply of roof support material; safety devices
      for roof work
      The operator, in accordance with the approved plan, shall provide
    at or near each working face and at such other locations in the
    coal mine as the Secretary may prescribe an ample supply of
    suitable materials of proper size with which to secure the roof of
    all working places in a safe manner. Safety posts, jacks, or other
    approved devices shall be used to protect the workmen when roof
    material is being taken down, crossbars are being installed, roof
    bolt- holes are being drilled, roof bolts are being installed, and
    in such other circumstances as may be appropriate. Loose roof and
    overhanging or loose faces and ribs shall be taken down or
    supported. Except in the case of recovery work, supports knocked
    out shall be replaced promptly.
    (d) Roof bolts
      When installation of roof bolts is permitted, such roof bolts
    shall be tested in accordance with the approved roof control plan.
    (e) Recovery of roof bolts
      Roof bolts shall not be recovered where complete extractions of
    pillars are attempted, where adjacent to clay veins, or at the
    locations of other irregularities, whether natural or otherwise,
    that induce abnormal hazards. Where roof bolt recovery is
    permitted, it shall be conducted only in accordance with methods
    prescribed in the approved roof control plan, and shall be
    conducted by experienced miners and only where adequate temporary
    support is provided.
    (f) Safety inspections; correction of dangerous conditions
      Where miners are exposed to danger from falls of roof, face, and
    ribs the operator shall examine and test the roof, face, and ribs
    before any work or machine is started, and as frequently thereafter
    as may be necessary to insure safety. When dangerous conditions are
    found, they shall be corrected immediately.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 302, Dec. 30, 1969, 83 Stat. 766.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in subsec.
    (a), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 863                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 863. Ventilation

-STATUTE-
    (a) Equipment; approval; daily examinations
      All coal mines shall be ventilated by mechanical ventilation
    equipment installed and operated in a manner approved by an
    authorized representative of the Secretary and such equipment shall
    be examined daily and a record shall be kept of such examination.
    (b) Standards for air in work areas
      All active workings shall be ventilated by a current of air
    containing not less than 19.5 volume per centum of oxygen, not more
    than 0.5 volume per centum of carbon dioxide, and no harmful
    quantities of other noxious or poisonous gases; and the volume and
    velocity of the current of air shall be sufficient to dilute,
    render harmless, and to carry away, flammable, explosive, noxious,
    and harmful gases, and dust, and smoke and explosive fumes. The
    minimum quantity of air reaching the last open crosscut in any pair
    or set of developing entries and the last open crosscut in any pair
    or set of rooms shall be nine thousand cubic feet a minute, and the
    minimum quantity of air reaching the intake end of a pillar line
    shall be nine thousand cubic feet a minute. The minimum quantity of
    air in any coal mine reaching each working face shall be three
    thousand cubic feet a minute. Within three months after the
    operative date of this subchapter, the Secretary shall prescribe
    the minimum velocity and quantity of air reaching each working face
    of each coal mine in order to render harmless and carry away
    methane and other explosive gases and to reduce the level of
    respirable dust to the lowest attainable level. The authorized
    representative of the Secretary may require in any coal mine a
    greater quantity and velocity of air when he finds it necessary to
    protect the health or safety of miners. Within one year after the
    operative date of this subchapter, the Secretary or his authorized
    representative shall prescribe the maximum respirable dust level in
    the intake aircourses in each coal mine in order to reduce such
    level to the lowest attainable level. In robbing areas of
    anthracite mines, where the air currents cannot be controlled and
    measurements of the air cannot be obtained, the air shall have
    perceptible movement.
    (c) Line brattice; functions; exceptions; repairs; flame resistant
      material
      (1) Properly installed and adequately maintained line brattice or
    other approved devices shall be continuously used from the last
    open crosscut of an entry or room of each working section to
    provide adequate ventilation to the working faces for the miners
    and to remove flammable, explosive, and noxious gases, dust, and
    explosive fumes, unless the Secretary or his authorized
    representative permits an exception to this requirement, where such
    exception will not pose a hazard to the miners. When damaged by
    falls or otherwise, such line brattice or other devices shall be
    repaired immediately.
      (2) The space between the line brattice or other approved device
    and the rib shall be large enough to permit the flow of a
    sufficient volume and velocity of air to keep the working face
    clear of flammable, explosive, and noxious gases, dust, and
    explosive fumes.
      (3) Brattice cloth used underground shall be of flame-resistant
    material.
    (d) Pre-shift examinations and tests; scope; violations of
      mandatory standards; notification; posting of "DANGER" signs;
      restriction of entry; records; re-entry
      (1) Within three hours immediately preceding the beginning of any
    shift, and before any miner in such shift enters the active
    workings of a coal mine, certified persons designated by the
    operator of the mine shall examine such workings and any other
    underground area of the mine designated by the Secretary or his
    authorized representative. Each such examiner shall examine every
    working section in such workings and shall make tests in each such
    working section for accumulations of methane with means approved by
    the Secretary for detecting methane and shall make tests for oxygen
    deficiency with a permissible flame safety lamp or other means
    approved by the Secretary; examine seals and doors to determine
    whether they are functioning properly; examine and test the roof,
    face, and rib conditions in such working section; examine active
    roadways, travelways, and belt conveyors on which men are carried,
    approaches to abandoned areas, and accessible falls in such section
    for hazards; test by means of an anemometer or other device
    approved by the Secretary to determine whether the air in each
    split is traveling in its proper course and in normal volume and
    velocity; and examine for such other hazards and violations of the
    mandatory health or safety standards, as an authorized
    representative of the Secretary may from time to time require. Belt
    conveyors on which coal is carried shall be examined after each
    coal-producing shift has begun. Such mine examiner shall place his
    initials and the date and time at all places he examines. If such
    mine examiner finds a condition which constitutes a violation of a
    mandatory health or safety standard or any condition which is
    hazardous to persons who may enter or be in such area, he shall
    indicate such hazardous place by posting a "DANGER" sign
    conspiciously (!1) at all points which persons entering such
    hazardous place would be required to pass, and shall notify the
    operator of the mine. No person, other than an authorized
    representative of the Secretary or a State mine inspector or
    persons authorized by the operator to enter such place for the
    purpose of eliminating the hazardous condition therein, shall enter
    such place while such sign is so posted. Upon completing his
    examination, such mine examiner shall report the results of his
    examination to a person, designated by the operator to receive such
    reports at a designated station on the surface of the mine, before
    other persons enter the underground areas of such mine to work in
    such shift. Each such mine examiner shall also record the results
    of his examination with ink or indelible pencil in a book approved
    by the Secretary kept for such purpose in an area on the surface of
    the mine chosen by the operator to minimize the danger of
    destruction by fire or other hazard, and the record shall be open
    for inspection by interested persons.

      (2) No person (other than certified persons designated under this
    subsection) shall enter any underground area, except during any
    shift, unless an examination of such area as prescribed in this
    subsection has been made within eight hours immediately preceding
    his entrance into such area.
    (e) Daily examinations and tests; scope; imminent danger;
      withdrawal of persons; abatement of danger
      At least once during each coal-producing shift, or more often if
    necessary for safety, each working section shall be examined for
    hazardous conditions by certified persons designated by the
    operator to do so. Any such condition shall be corrected
    immediately. If such condition creates an imminent danger, the
    operator shall withdraw all persons from the area affected by such
    condition to a safe area, except those persons referred to in
    section 814(d) of this title, until the danger is abated. Such
    examination shall include tests for methane with a means approved
    by the Secretary for detecting methane and for oxygen deficiency
    with a permissible flame safety lamp or other means approved by the
    Secretary.
    (f) Weekly examination for hazardous conditions; scope;
      notification; repairs; imminent danger; withdrawal of persons;
      abatement; records
      In addition to the pre-shift and daily examinations required by
    this section, examinations for hazardous conditions, including
    tests for methane, and for compliance with the mandatory health or
    safety standards, shall be made at least once each week by a
    certified person designated by the operator in the return of each
    split of air where it enters the main return, on pillar falls, at
    seals, in the main return, at least one entry of each intake and
    return aircourse in its entirety, idle workings, and, insofar as
    safety considerations permit, abandoned areas. Such weekly
    examination need not be made during any week in which the mine is
    idle for the entire week, except that such examination shall be
    made before any other miner returns to the mine. The person making
    such examinations and tests shall place his initials and the date
    and time at the places examined, and if any hazardous condition is
    found, such condition shall be reported to the operator promptly.
    Any hazardous condition shall be corrected immediately. If such
    condition creates an imminent danger, the operator shall withdraw
    all persons from the area affected by such condition to a safe
    area, except those persons referred to in section 814(d) of this
    title, until such danger is abated. A record of these examinations,
    tests, and actions taken shall be recorded in ink or indelible
    pencil in a book approved by the Secretary kept for such purpose in
    an area on the surface of the mine chosen by the mine operator to
    minimize the danger of destruction by fire or other hazard, and the
    record shall be open for inspection by interested persons.
    (g) Weekly ventilation examinations; scope; records
      At least once each week, a qualified person shall measure the
    volume of air entering the main intakes and leaving the main
    returns, the volume passing through the last open crosscut in any
    pair or set of developing entries and the last open crosscut in any
    pair or set of rooms, the volume and, when the Secretary so
    prescribes, the velocity reaching each working face, the volume
    being delivered to the intake end of each pillar line, and the
    volume at the intake and return of each split of air. A record of
    such measurements shall be recorded in ink or indelible pencil in a
    book approved by the Secretary kept for such purpose in an area on
    the surface of the coal mine chosen by the operator to minimize the
    danger of destruction by fire or other hazard, and the record shall
    be open for inspection by interested persons.
    (h) Methane examinations at working place; periodic intervals;
      standards; procedures for different air contents of methane
      (1) At the start of each shift, tests for methane shall be made
    at each working place immediately before electrically operated
    equipment is energized. Such tests shall be made by qualified
    persons. If 1.0 volume per centum or more of methane is detected,
    electrical equipment shall not be energized, taken into, or
    operated in, such working place until the air therein contains less
    than 1.0 volume per centum of methane. Examinations for methane
    shall be made during the operation of such equipment at intervals
    of not more than twenty minutes during each shift, unless more
    frequent examinations are required by an authorized representative
    of the Secretary. In conducting such tests, such person shall use
    means approved by the Secretary for detecting methane.
      (2) If at any time the air at any working place, when tested at a
    point not less than twelve inches from the roof, face, or rib,
    contains 1.0 volume per centum or more of methane, changes or
    adjustments shall be made at once in the ventilation in such mine
    so that such air shall contain less than 1.0 volume per centum of
    methane. While such changes or adjustments are underway and until
    they have been achieved, power to electric face equipment located
    in such place shall be cut off, no other work shall be permitted in
    such place, and due precautions shall be carried out under the
    direction of the operator or his agent so as not to endanger other
    areas of the mine. If at any time such air contains 1.5 volume per
    centum or more of methane, all persons, except those referred to in
    section 814(d) of this title, shall be withdrawn from the area of
    the mine endangered thereby to a safe area, and all electric power
    shall be cut off from the endangered area of the mine, until the
    air in such working place shall contain less than 1.0 volume per
    centum of methane.
    (i) Methane examination of air returning from working section;
      periodic intervals; standards; procedures for different air
      contents; virgin territory
      (1) If, when tested, a split of air returning from any working
    section contains 1.0 volume per centum or more of methane, changes
    or adjustments shall be made at once in the ventilation in the mine
    so that such returning air shall contain less than 1.0 volume per
    centum of methane. Tests under this paragraph and paragraph (2) of
    this subsection shall be made at four-hour intervals during each
    shift by a qualified person designated by the operator of the mine.
    In making such tests, such person shall use means approved by the
    Secretary for detecting methane.
      (2) If, when tested, a split of air returning from any working
    section contains 1.5 volume per centum or more of methane, all
    persons, except those persons referred to in section 814(d) of this
    title, shall be withdrawn from the area of the mine endangered
    thereby to a safe area and all electric power shall be cut off from
    the endangered area of the mine, until the air in such split shall
    contain less than 1.0 volume per centum of methane.
      (3) In virgin territory, if the quantity of air in a split
    ventilating the active workings in such territory equals or exceeds
    twice the minimum volume of air prescribed in subsection (b) of
    this section for the last open crosscut, if the air in the split
    returning from such workings does not pass over trolley wires or
    trolley feeder wires, and if a certified person designated by the
    operator is continually testing the methane content of the air in
    such split during mining operations in such workings, it shall be
    necessary to withdraw all persons, except those referred to in
    section 814(d) of this title, from the area of the mine endangered
    thereby to a safe area and all electric power shall be cut off from
    the endangered area only when the air returning from such workings
    contains 2.0 volume per centum or more of methane.
    (j) Abandoned area air; pre-shift examination
      Air which has passed by an opening of any abandoned area shall
    not be used to ventilate any working place in the coal mine if such
    air contains 0.25 volume per centum or more of methane.
    Examinations of such air shall be made during the pre-shift
    examination required by subsection (d) of this section. In making
    such tests, a certified person designated by the operator shall use
    means approved by the Secretary for detecting methane. For the
    purposes of this subsection, an area within a panel shall not be
    deemed to be abandoned until such panel is abandoned.
    (k) Abandoned area air; inaccessible or unsafe for inspection; air
      from where pillars have been removed
      Air that has passed through an abandoned area or an area which is
    inaccessible or unsafe for inspection shall not be used to
    ventilate any working place in any mine. No air which has been used
    to ventilate an area from which the pillars have been removed shall
    be used to ventilate any working place in a mine, except that such
    air, if it does not contain 0.25 volume per centum or more of
    methane, may be used to ventilate enough advancing working places
    immediately adjacent to the line of retreat to maintain an orderly
    sequence of pillar recovery on a set of entries.
    (l) Methane monitors; required equipment; maintenance; warnings;
      deenergizing of equipment
      The Secretary or his authorized representative shall require, as
    an additional device for detecting concentrations of methane, that
    a methane monitor, approved as reliable by the Secretary after the
    operative date of this subchapter, be installed, when available, on
    any electric face cutting equipment, continuous miner, longwall
    face equipment, and loading machine, except that no monitor shall
    be required to be installed on any such equipment prior to the date
    on which such equipment is required to be permissible under section
    865(a) of this title. When installed on any such equipment, such
    monitor shall be kept operative and properly maintained and
    frequently tested as prescribed by the Secretary. The sensing
    device of such monitor shall be installed as close to the working
    face as practicable. Such monitor shall be set to deenergize
    automatically such equipment when such monitor is not operating
    properly and to give a warning automatically when the concentration
    of methane reaches a maximum percentage determined by an authorized
    representative of the Secretary which shall not be more than 1.0
    volume per centum of methane. An authorized representative of the
    Secretary shall require such monitor to deenergize automatically
    equipment on which it is installed when the concentration of
    methane reaches a maximum percentage determined by such
    representative which shall not be more than 2.0 volume per centum
    of methane.
    (m) Idle area inspections; authorized inspectors
      Idle and abandoned areas shall be inspected for methane and for
    oxygen deficiency and other dangerous conditions by a certified
    person with means approved by the Secretary as soon as possible but
    not more than three hours before other persons are permitted to
    enter or work in such areas. Persons, such as pumpmen, who are
    required regularly to enter such areas in the performance of their
    duties, and who are trained and qualified in the use of means
    approved by the Secretary for detecting methane and in the use of a
    permissible flame safety lamp or other means approved by the
    Secretary for detecting oxygen deficiency are authorized to make
    such examinations for themselves, and each such person shall be
    properly equipped and shall make such examinations upon entering
    any such area.
    (n) Intentional roof falls; prior inspections; safeguards
      Immediately before an intentional roof fall is made, pillar
    workings shall be examined by a qualified person designated by the
    operator to ascertain whether methane is present. Such person shall
    use means approved by the Secretary for detecting methane. If in
    such examination methane is found in amounts of 1.0 volume per
    centum or more, such roof fall shall not be made until changes or
    adjustments are made in the ventilation so that the air shall
    contain less than 1.0 volume per centum of methane.
    (o) Methane and dust control plans; contents
      A ventilation system and methane and dust control plan and
    revisions thereof suitable to the conditions and the mining system
    of the coal mine and approved by the Secretary shall be adopted by
    the operator and set out in printed form within ninety days after
    the operative date of this subchapter. The plan shall show the type
    and location of mechanical ventilation equipment installed and
    operated in the mine, such additional or improved equipment as the
    Secretary may require, the quantity and velocity of air reaching
    each working face, and such other information as the Secretary may
    require. Such plan shall be reviewed by the operator and the
    Secretary at least every six months.
    (p) Devices for detection of methane and oxygen deficiency;
      maintenance
      Each operator shall provide for the proper maintenance and care
    of the permissible flame safety lamp or any other approved device
    for detecting methane and oxygen deficiency by a person trained in
    such maintenance, and, before each shift, care shall be taken to
    insure that such lamp or other device is in a permissible
    condition.
    (q) Pillar recovery; areas without bleeder systems
      Where areas are being pillared on the operative date of this
    subchapter without bleeder entries, or without bleeder systems or
    an equivalent means, pillar recovery may be completed in the area,
    to the extent approved by an authorized representative of the
    Secretary, if the edges of pillar lines adjacent to active workings
    are ventilated with sufficient air to keep the air in open areas
    along the pillar lines below 1.0 volume per centum of methane.
    (r) Overcast and undercast intake air split requirements; time
      extension
      Each mechanized mining section shall be ventilated with a
    separate split of intake air directed by overcasts, undercasts, or
    the equivalent, except an extension of time, not in excess of nine
    months, may be permitted by the Secretary, under such conditions as
    he may prescribe, whenever he determines that this subsection
    cannot be complied with on the operative date of this subchapter.
    (s) Blasting; prior and subsequent examinations for methane
      In all underground areas of a coal mine, immediately before
    firing each shot or group of multiple shots and after blasting is
    completed, examinations for methane shall be made by a qualified
    person with means approved by the Secretary for detecting methane.
    If methane is found in amounts of 1.0 volume per centum or more,
    changes or adjustments shall be made at once in the ventilation so
    that the air shall contain less than 1.0 volume per centum of
    methane. No shots shall be fired until the air contains less than
    1.0 volume per centum of methane.
    (t) Mine fan stop plans; requisites
      Each operator shall adopt a plan within sixty days after the
    operative date of this subchapter which shall provide that when any
    mine fan stops, immediate action shall be taken by the operator or
    his agent (1) to withdraw all persons from the working sections,
    (2) to cut off the power in the mine in a timely manner, (3) to
    provide for restoration of power and resumption of work if
    ventilation is restored within a reasonable period as set forth in
    the plan after the working places and other active workings where
    methane is likely to accumulate are reexamined by a certified
    person to determine if methane in amounts of 1.0 volume per centum
    or more exists therein, and (4) to provide for withdrawal of all
    persons from the mine if ventilation cannot be restored within such
    reasonable time. The plan and revisions thereof approved by the
    Secretary shall be set out in printed form and a copy shall be
    furnished to the Secretary or his authorized representative.
    (u) Modifications affecting main air current or any split;
      withdrawal of personnel; removal of power
      Changes in ventilation which materially affect the main air
    current or any split thereof and which may affect the safety of
    persons in the coal mine shall be made only when the mine is idle.
    Only those persons engaged in making such changes shall be
    permitted in the mine during the change. Power shall be removed
    from the areas affected by the change before work starts to make
    the change and shall not be restored until the effect of the change
    has been ascertained and the affected areas determined to be safe
    by a certified person.
    (v) Reading and countersigning of daily and weekly reports;
      foreman; superintendent
      The mine foreman shall read and countersign promptly the daily
    reports of the pre-shift examiner and assistant mine foremen, and
    he shall read and countersign promptly the weekly report covering
    the examinations for hazardous conditions. Where such reports
    disclose hazardous conditions, they shall be corrected promptly. If
    such conditions create an imminent danger, the operator shall
    withdraw all persons from, or prevent any person from entering, as
    the case may be, the area affected by such conditions, except those
    persons referred to in section 814(d) of this title, until such
    danger is abated. The mine superintendent or assistant
    superintendent of the mine shall also read and countersign the
    daily and weekly reports of such persons.
    (w) Daily mine condition reports; requisites; signatures
      Each day, the mine foreman and each of his assistants shall enter
    plainly and sign with ink or indelible pencil in a book approved by
    the Secretary provided for that purpose a report of the condition
    of the mine or portion thereof under his supervision, which report
    shall state clearly the location and nature of any hazardous
    condition observed by him or reported to him during the day and
    what action was taken to remedy such condition. Such book shall be
    kept in an area on the surface of the mine chosen by the operator
    to minimize the danger of destruction by fire or other hazard, and
    shall be open for inspection by interested persons.
    (x) Reopening of abandoned or declared inactive mine; notification;
      inspection
      Before a coal mine is reopened after having been abandoned or
    declared inactive by the operator, the Secretary shall be notified,
    and an inspection shall be made of the entire mine by an authorized
    representative of the Secretary before mining operations commence.
    (y) Separation of intake and return aircourses from belt haulage
      entries; standards
      (1) In any coal mine opened after the operative date of this
    subchapter, the entries used as intake and return aircourses shall
    be separated from belt haulage entries, and each operator of such
    mine shall limit the velocity of the air coursed through belt
    haulage entries to the amount necessary to provide an adequate
    supply of oxygen in such entries, and to insure that the air
    therein shall contain less than 1.0 volume per centum of methane,
    and such air shall not be used to ventilate active working places.
    Whenever an authorized representative of the Secretary finds, in
    the case of any coal mine opened on or prior to the operative date
    of this subchapter which has been developed with more than two
    entries, that the conditions in the entries, other than belt
    haulage entries, are such as to permit adequately the coursing of
    intake or return air through such entries, (1) the belt haulage
    entries shall not be used to ventilate, unless such entries are
    necessary to ventilate, active working places, and (2) when the
    belt haulage entries are not necessary to ventilate the active
    working places, the operator of such mine shall limit the velocity
    of the air coursed through the belt haulage entries to the amount
    necessary to provide an adequate supply of oxygen in such entries,
    and to insure that the air therein shall contain less than 1.0
    volume per centum of methane.
      (2) In any coal mine opened on or after the operative date of
    this subchapter, or, in the case of a coal mine opened prior to
    such date, in any new working section of such mine, where trolley
    haulage systems are maintained and where trolley wires or trolley
    feeder wires are installed, an authorized representative of the
    Secretary shall require a sufficient number of entries or rooms as
    intake aircourses in order to limit, as prescribed by the
    Secretary, the velocity of air currents on such haulageways for the
    purpose of minimizing the hazards associated with fires and dust
    explosions in such haulageways.
    (z) Pillar extractions; bleeder systems and sealing requirements;
      standards
      (1) While pillars are being extracted in any area of a coal mine,
    such area shall be ventilated in the manner prescribed by this
    section.
      (2) Within nine months after the operative date of this
    subchapter, all areas from which pillars have been wholly or
    partially extracted and abandoned areas, as determined by the
    Secretary or his authorized representative, shall be ventilated by
    bleeder entries or by bleeder systems or equivalent means, or be
    sealed, as determined by the Secretary or his authorized
    representative. When ventilation of such areas is required, such
    ventilation shall be maintained so as continuously to dilute,
    render harmless, and carry away methane and other explosive gases
    within such areas and to protect the active workings of the mine
    from the hazards of such methane and other explosive gases. Air
    coursed through underground areas from which pillars have been
    wholly or partially extracted which enters another split of air
    shall not contain more than 2.0 volume per centum of methane, when
    tested at the point it enters such other split. When sealing is
    required, such seals shall be made in an approved manner so as to
    isolate with explosion-proof bulkheads such areas from the active
    workings of the mine.
      (3) In the case of mines opened on or after the operative date of
    this subchapter, or in the case of working sections opened on or
    after such date in mines opened prior to such date, the mining
    system shall be designed in accordance with a plan and revisions
    thereof approved by the Secretary and adopted by such operator so
    that, as each working section of the mine is abandoned, it can be
    isolated from the active workings of the mine with explosion-proof
    seals or bulkheads.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 303, Dec. 30, 1969, 83 Stat. 767.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in
    subsecs. (b), (l), (o), (q), (r), (t), (y), and (z)(2), (3), see
    section 509 of Pub. L. 91-173, set out as an Effective Date note
    under section 801 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "conspicuously".


-End-



-CITE-
    30 USC Sec. 864                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 864. Combustible materials and rock dusting

-STATUTE-
    (a) Accumulations; maintenance
      Coal dust, including float coal dust deposited on rock-dusted
    surfaces, loose coal, and other combustible materials, shall be
    cleaned up and not be permitted to accumulate in active workings,
    or on electric equipment therein.
    (b) Abatement of hazards in active working areas
      Where underground mining operations in active workings create or
    raise excessive amounts of dust, water or water with a wetting
    agent added to it, or other no less effective methods approved by
    the Secretary or his authorized representative, shall be used to
    abate such dust. In working places, particularly in distances less
    than forty feet from the face, water, with or without a wetting
    agent, or other no less effective methods approved by the Secretary
    or his authorized representative, shall be applied to coal dust on
    the ribs, roof, and floor to reduce dispersibility and to minimize
    the explosion hazard.
    (c) Rock dusting of all areas of underground mines; exceptions
      All underground areas of a coal mine, except those areas in which
    the dust is too wet or too high in incombustible content to
    propagate an explosion, shall be rock dusted to within forty feet
    of all working faces, unless such areas are inaccessible or unsafe
    to enter or unless the Secretary or his authorized representative
    permits an exception upon his finding that such exception will not
    pose a hazard to the miners. All crosscuts that are less than forty
    feet from a working face shall also be rock dusted.
    (d) Distribution of rock dust; places, quantities
      Where rock dust is required to be applied, it shall be
    distributed upon the top, floor, and sides of all underground areas
    of a coal mine and maintained in such quantities that the
    incombustible content of the combined coal dust, rock dust, and
    other dust shall be not less than 65 per centum, but the
    incombustible content in the return aircourses shall be no less
    than 80 per centum. Where methane is present in any ventilating
    current, the per centum of incombustible content of such combined
    dusts shall be increased 1.0 and 0.4 per centum for each 0.1 per
    centum of methane where 65 and 80 per centum, respectively, of
    incombustibles are required.
    (e) Limitation of applicability
      Subsections (b) through (d) of this section shall not apply to
    underground anthracite mines.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 304, Dec. 30, 1969, 83 Stat. 774.)

-End-



-CITE-
    30 USC Sec. 865                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 865. Electrical equipment

-STATUTE-
    (a) Allowable equipment; replacements; maintenance; permits for
      noncompliance; renewals; limitations; list of electric face
      equipment; survey of new and rebuilt equipment; publication of
      results
      (1) Effective one year after the operative date of this
    subchapter - 
        (A) all junction or distribution boxes used for making multiple
      power connections inby the last open crosscut shall be
      permissible;
        (B) all handheld electric drills, blower and exhaust fans,
      electric pumps, and such other low horsepower electric face
      equipment as the Secretary may designate within two months after
      the operative date of this subchapter which are taken into or
      used inby the last open crosscut of any coal mine shall be
      permissible;
        (C) all electric face equipment which is taken into or used
      inby the last open crosscut of any coal mine classified under any
      provision of law as gassy prior to the operative date of this
      subchapter shall be permissible; and
        (D) all other electric face equipment which is taken into or
      used inby the last crosscut of any coal mine, except a coal mine
      referred to in paragraph (2) of this subsection, which has not
      been classified under any provision of law as a gassy mine prior
      to the operative date of this subchapter shall be permissible.

      (2) Effective four years after the operative date of this
    subchapter, all electric face equipment, other than equipment
    referred to in paragraph (1)(B) of this subsection, which is taken
    into or used inby the last open crosscut of any coal mine which is
    operated entirely in coal seams located above the watertable and
    which has not been classified under any provision of law as a gassy
    mine prior to the operative date of this subchapter and in which
    one or more openings were made prior to December 30, 1969, shall be
    permissible, except that any operator of such mine who is unable to
    comply with the provisions of this paragraph on such effective date
    may file with the Panel an application for a permit for
    noncompliance ninety days prior to such date. If the Panel
    determines, after notice to all interested persons and an
    opportunity for a public hearing under section 804 of this title,
    that such application satisfies the provisions of paragraph (10) of
    this subsection and that such operator, despite his diligent
    efforts, will be unable to comply with such provisions, the Panel
    may issue to such operator such a permit. Such permit shall entitle
    the permittee to an additional extension of time to comply with the
    provisions of this paragraph of not to exceed twenty-four months,
    as determined by the Panel, from such effective date.
      (3) The operator of each coal mine shall maintain in permissible
    condition all electric face equipment required by this subsection
    to be permissible which is taken into or used inby the last open
    crosscut of any such mine.
      (4) Each operator of a coal mine shall, within two months after
    the operative date of this subchapter, file with the Secretary a
    statement listing all electric face equipment by type and
    manufacturer being used by such operator in connection with mining
    operations in such mine as of the date of such filing, and stating
    whether such equipment is permissible and maintained in permissible
    condition or is nonpermissible on such date of filing, and, if
    nonpermissible, whether such nonpermissible equipment has ever been
    rated as permissible, and such other information as the Secretary
    may require.
      (5) The Secretary shall promptly conduct a survey as to the total
    availability of new or rebuilt permissible electric face equipment
    and replacement parts for such equipment and, within six months
    after the operative date of this subchapter, publish the results of
    such survey.
      (6) Any operator of a coal mine who is unable to comply with the
    provisions of paragraph (1)(D) of this subsection within one year
    after the operative date of this subchapter may file with the Panel
    an application for a permit for noncompliance. If the Panel
    determines that such application satisfies the provisions of
    paragraph (10) of this subsection, the Panel shall issue to such
    operator a permit for noncompliance. Such permit shall entitle the
    permittee to an extension of time to comply with such provisions of
    paragraph (1)(D) of not to exceed twelve months, as determined by
    the Panel, from the date that compliance with the provisions of
    paragraph (1)(D) of this subsection is required.
      (7) Any operator of a coal mine issued a permit under paragraph
    (6) of this subsection who, ninety days prior to the termination of
    such permit, or renewal thereof, determines that he will be unable
    to comply with the provisions of paragraph (1)(D) of this
    subsection upon the expiration of such permit may file with the
    Panel an application for renewal thereof. Upon receipt of such
    application, the Panel, if it determines, after notice to all
    interested persons and an opportunity for a public hearing under
    section 804 of this title, that such application satisfies the
    provisions of paragraph (10) of this subsection and that such
    operator, despite his diligent efforts, will be unable to comply
    with the provisions of paragraph (1)(D), may renew the permit for a
    period not exceeding twelve months.
      (8) Any permit or renewal thereof issued pursuant to this
    subsection shall entitle the permittee to use such nonpermissible
    electric face equipment specified in the permit during the term of
    such permit.
      (9) Permits for noncompliance issued under paragraphs (6) or (7)
    of this subsection shall, in the aggregate, not extend the period
    of noncompliance more than forty-eight months after December 30,
    1969.
      (10) Any application for a permit of noncompliance filed under
    this subsection shall contain a statement by the operator - 
        (A) that he is unable to comply with paragraph (1)(D) or
      paragraph (2) of this subsection, as appropriate, within the time
      prescribed;
        (B) listing the nonpermissible electric face equipment being
      used by such operator in connection with mining operations in
      such mine on the operative date of this subchapter and the date
      of the application by type and manufacturer for which a
      noncompliance permit is requested and whether such equipment had
      ever been rated as permissible;
        (C) setting forth the actions taken from and after the
      operative date of this subchapter to comply with paragraph (1)(D)
      or paragraph (2) of this subsection, as appropriate, together
      with a plan setting forth a schedule of compliance with said
      paragraphs for each such equipment referred to in such paragraphs
      and being used by the operator in connection with mining
      operations in such mine with respect to which such permit is
      requested and the means and measures to be employed to achieve
      compliance; and
        (D) including such other information as the Panel may require.

      (11) No permit for noncompliance shall be issued under this
    subsection for any nonpermissible electric face equipment, unless
    such equipment was being used by an operator in connection with the
    mining operations in a coal mine on the operative date of this
    subchapter.
      (12) Effective one year after the operative date of this
    subchapter, all replacement equipment acquired for use in any mine
    referred to in this subsection shall be permissible and shall be
    maintained in a permissible condition, and in the event of any
    major overhaul of any item of equipment in use one year from the
    operative date of this subchapter such equipment shall be put in,
    and thereafter maintained in, a permissible condition, unless, in
    the opinion of the Secretary, such equipment or necessary
    replacement parts are not available.
    (b) Notification of permits
      A copy of any permit granted under this section shall be mailed
    immediately to a representative of the miners of the mine to which
    it pertains, and to the public official or agency of the State
    charged with administering State laws relating to coal mine health
    and safety in such mine.
    (c) Gassy mines; maintenance of equipment
      Any coal mine which, prior to the operative date of this
    subchapter, was classed gassy under any provision of law and was
    required to use permissible electric face equipment and to maintain
    such equipment in a permissible condition shall continue to use
    such equipment and to maintain such equipment in such condition.
    (d) Location of nonpermissible power connection units
      All power-connection points, except where permissible power
    connection units are used, outby the last open crosscut shall be in
    intake air.
    (e) Mine map; contents; modifications
      The location and the electrical rating of all stationary electric
    apparatus in connection with the mine electric system, including
    permanent cables, switchgear, rectifying substations, transformers,
    permanent pumps and trolley wires and trolley feeder wires, and
    settings of all direct-current circuit breakers protecting
    underground trolley circuits, shall be shown on a mine map. Any
    changes made in a location, electric rating, or setting shall be
    promptly shown on the map when the change is made. Such map shall
    be available to an authorized representative of the Secretary and
    to the miners in such mine.
    (f) Repairs; deenergizing of equipment; authorized personnel;
      locking out of disconnection devices
      All power circuits and electric equipment shall be deenergized
    before work is done on such circuits and equipment, except when
    necessary for trouble shooting or testing. In addition, energized
    trolley wires may be repaired only by a person trained to perform
    electrical work and to maintain electrical equipment and the
    operator of such mine shall require that such person wear approved
    and tested insulated shoes and wireman's gloves. No electrical work
    shall be performed on low-, medium-, or high-voltage distribution
    circuits or equipment, except by a qualified person or by a person
    trained to perform electrical work and to maintain electrical
    equipment under the direct supervision of a qualified person.
    Disconnecting devices shall be locked out and suitably tagged by
    the persons who performed such work, except that, in cases where
    locking out is not possible, such devices shall be opened and
    suitably tagged by such persons. Locks or tags shall be removed
    only by the persons who installed them or, if such persons are
    unavailable, by persons authorized by the operator or his agent.
    (g) Periodic examinations; maintenance; records; accessibility
      All electric equipment shall be frequently examined, tested, and
    properly maintained by a qualified person to assure safe operating
    conditions. When a potentially dangerous condition is found on
    electric equipment, such equipment shall be removed from service
    until such condition is corrected. A record of such examinations
    shall be kept and made available to an authorized representative of
    the Secretary and to the miners in such mine.
    (h) Electrical conductors
      All electric conductors shall be sufficient in size and have
    adequate current-carrying capacity and be of such construction that
    a rise in temperature resulting from normal operation will not
    damage the insulating materials.
    (i) Electrical connections
      All electrical connections or splices in conductors shall be
    mechanically and electrically efficient, and suitable connectors
    shall be used. All electrical connections or splices in insulated
    wire shall be reinsulated at least to the same degree of protection
    as the remainder of the wire.
    (j) Cables and wires; entry through metal frames
      Cables shall enter metal frames of motors, splice boxes, and
    electric compartments only through proper fittings. When insulated
    wires other than cables pass through metal frames the holes shall
    be substantially bushed with insulated bushings.
    (k) Support of power wires
      All power wires (except trailing cables on mobile equipment,
    specially designed cables conducting high-voltage power to
    underground rectifying equipment or transformers, or bare or
    insulated ground and return wires) shall be supported on well-
    insulated insulators and shall not contact combustible material,
    roof, or ribs.
    (l) Insulation of power wires; exceptions
      Power wires and cables, except trolley wires, trolley feeder
    wires, and bare signal wires, shall be insulated adequately and
    fully protected.
    (m) Circuit breakers; overload protection for three-phase motors
      Automatic circuit-breaking devices or fuses of the correct type
    and capacity shall be installed so as to protect all electric
    equipment and circuits against short circuit and overloads. Three-
    phase motors on all electric equipment shall be provided with
    overload protection that will deenergize all three phases in the
    event that any phase is overloaded.
    (n) Disconnecting switches for main power circuits; location and
      installation
      In all main power circuits, disconnecting switches shall be
    installed underground within five hundred feet of the bottoms of
    shafts and boreholes through which main power circuits enter the
    underground area of the mine and within five hundred feet of all
    other places where main power circuits enter the underground area
    of the mine.
    (o) Switches
      All electric equipment shall be provided with switches or other
    controls that are safely designed, constructed, and installed.
    (p) Lightning arresters
      Each ungrounded, exposed power conductor that leads underground
    shall be equipped with suitable lightning arresters of approved
    type within one hundred feet of the point where the circuit enters
    the mine. Lightning arresters shall be connected to a low
    resistance grounding medium on the surface which shall be separated
    from neutral grounds by a distance of not less than twenty-five
    feet.
    (q) Nonapproved devices
      No device for the purpose of lighting any coal mine which has not
    been approved by the Secretary or his authorized representative
    shall be permitted in such mine.
    (r) Deenergizing of electric face equipment
      An authorized representative of the Secretary may require in any
    mine that electric face equipment be provided with devices that
    will permit the equipment to be deenergized quickly in the event of
    an emergency.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 305, Dec. 30, 1969, 83 Stat. 775.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in
    subsecs. (a)(1), (2), (4) to (6), (10)(B), (C), (11), (12), and
    (c), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 866                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 866. Trailing cables

-STATUTE-
    (a) Requirements established for flame resistant cables
      Trailing cables used in coal mines shall meet the requirements
    established by the Secretary for flame-resistant cables.
    (b) Circuit breakers; markings and visual observation of position
      of disconnection devices
      Short-circuit protection for trailing cables shall be provided by
    an automatic circuit breaker or other no less effective device
    approved by the Secretary of adequate current-interrupting capacity
    in each ungrounded conductor. Disconnecting devices used to
    disconnect power from trailing cables shall be plainly marked and
    identified and such devices shall be equipped or designed in such a
    manner that it can be determined by visual observation that the
    power is disconnected.
    (c) Distribution center junctions; safety connections
      When two or more trailing cables junction to the same
    distribution center, means shall be provided to assure against
    connecting a trailing cable to the wrong size circuit breaker.
    (d) Temporary splices; usable period; exceptions; quality
      One temporary splice may be made in any trailing cable. Such
    trailing cable may only be used for the next twenty-four hour
    period. No temporary splice shall be made in a trailing cable
    within twenty-five feet of the machine, except cable reel
    equipment. Temporary splices in trailing cables shall be made in a
    workmanlike manner and shall be mechanically strong and well
    insulated. Trailing cables or hand cables which have exposed wires
    or which have splices that heat or spark under load shall not be
    used. As used in this subsection, the term "splice" means the
    mechanical joining of one or more conductors that have been
    severed.
    (e) Permanent splices; quality
      When permanent splices in trailing cables are made, they shall be
    - 
        (1) mechanically strong with adequate electrical conductivity
      and flexibility;
        (2) effectively insulated and sealed so as to exclude moisture;
      and
        (3) vulcanized or otherwise treated with suitable materials to
      provide flame-resistant qualities and good bonding to the outer
      jacket.
    (f) Clamping of cables
      Trailing cables shall be clamped to machines in a manner to
    protect the cables from damage and to prevent strain on the
    electrical connections. Trailing cables shall be adequately
    protected to prevent damage by mobile equipment.
    (g) Making and breaking of connections to junction boxes
      Trailing cable and power cable connections to junction boxes
    shall not be made or broken under load.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 306, Dec. 30, 1969, 83 Stat. 779.)

-End-



-CITE-
    30 USC Sec. 867                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 867. Grounding of equipment

-STATUTE-
    (a) Metallic enclosed power conductors; metallic frames and other
      equipment; methods
      All metallic sheaths, armors, and conduits enclosing power
    conductors shall be electrically continuous throughout and shall be
    grounded by methods approved by an authorized representative of the
    Secretary. Metallic frames, casings, and other enclosures of
    electric equipment that can become "alive" through failure of
    insulation or by contact with energized parts shall be grounded by
    methods approved by an authorized representative of the Secretary.
    Methods other than grounding which provide no less effective
    protection may be permitted by the Secretary or his authorized
    representative.
    (b) Frames of offtrack direct current machines; enclosures of
      related detached components
      The frames of all offtrack direct current machines and the
    enclosures of related detached components shall be effectively
    grounded, or otherwise maintained at no less safe voltages, by
    methods approved by an authorized representative of the Secretary.
    (c) Stationary high-voltage equipment powered by underground delta
      systems
      The frames of all stationary high-voltage equipment receiving
    power from ungrounded delta systems shall be grounded by methods
    approved by an authorized representative of the Secretary.
    (d) Repairs of high-voltage lines; exceptions
      High-voltage lines, both on the surface and underground, shall be
    deenergized and grounded before work is performed on them, except
    that repairs may be permitted, in the case of energized surface
    high-voltage lines, if such repairs are made by a qualified person
    in accordance with procedures and safeguards, including, but not
    limited to a requirement that the operator of such mine provide,
    test, and maintain protective devices in making such repairs, to be
    prescribed by the Secretary prior to the operative date of this
    subchapter.
    (e) Deenergizing of underground power circuits on idle days;
      exceptions
      When not in use, power circuits underground shall be deenergized
    on idle days and idle shifts, except that rectifiers and
    transformers may remain energized.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 307, Dec. 30, 1969, 83 Stat. 780.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in subsec.
    (d), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 868                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 868. Underground high-voltage distribution

-STATUTE-
    (a) Circuits entering underground areas of mines; circuit breakers
      High-voltage circuits entering the underground area of any coal
    mine shall be protected by suitable circuit breakers of adequate
    interrupting capacity which are properly tested and maintained as
    prescribed by the Secretary. Such breakers shall be equipped with
    devices to provide protection against under-voltage, grounded
    phase, short circuit, and overcurrent.
    (b) Circuits extending underground and supplying equipment; direct
      neutral grounds; ground conductors for frames, exceptions;
      location of disconnection devices, exceptions
      High-voltage circuits extending underground and supplying
    portable, mobile, or stationary high-voltage equipment shall
    contain either a direct or derived neutral which shall be grounded
    through a suitable resistor at the source transformers, and a
    grounding circuit, originating at the grounded side of the
    grounding resistor, shall extend along with the power conductors
    and serve as a grounding conductor for the frames of all high-
    voltage equipment supplied power from that circuit, except that
    the Secretary or his authorized representative may permit
    ungrounded high-voltage circuits to be extended underground to feed
    stationary electrical equipment if such circuits are either steel
    armored or installed in grounded, rigid steel conduit throughout
    their entire length, and upon his finding that such exception does
    not pose a hazard to the miners. Within one hundred feet of the
    point on the surface where high-voltage circuits enter the
    underground portion of the mine, disconnecting devices shall be
    installed and so equipped or designed in such a manner that it can
    be determined by visual observation that the power is disconnected,
    except that the Secretary or his authorized representative may
    permit such devices to be installed at a greater distance from such
    area of the mine if he determines, based on existing physical
    conditions, that such installation will be more accessible at a
    greater distance and will not pose any hazard to the miners.
    (c) Grounding resistors
      The grounding resistor, where required, shall be of the proper
    ohmic value to limit the voltage drop in the grounding circuit
    external to the resistor to not more than 100 volts under fault
    conditions. The grounding resistor shall be rated for maximum fault
    current continuously and insulated from ground for a voltage equal
    to the phase-to-phase voltage of the system.
    (d) Inclusion of fail safe ground check circuits in resistance
      grounded systems; operative functions; time extension
      Six months after the operative date of this subchapter, high-
    voltage, resistance grounded systems shall include a fail safe
    ground check circuit to monitor continuously the grounding circuit
    to assure continuity and the fail safe ground check circuit shall
    cause the circuit breaker to open when either the ground or pilot
    check wire is broken, or other no less effective device approved by
    the Secretary or his authorized representative to assure such
    continuity, except that an extension of time, not in excess of
    twelve months, may be permitted by the Secretary on a mine-by-mine
    basis if he determines that such equipment is not available.
    (e) Underground cables used in resistance grounded systems;
      metallic shields for power conductors; standards; splices
      (1) Underground high-voltage cables used in resistance grounded
    systems shall be equipped with metallic shields around each power
    conductor, with one or more ground conductors having a total cross-
    sectional area of not less than one-half the power conductor, and
    with an insulated internal or external conductor not smaller than
    No. 8 (AWG) for the ground continuity check circuit.
      (2) All such cables shall be adequate for the intended current
    and voltage. Splices made in such cables shall provide continuity
    of all components.
    (f) Couplers for power circuits; guidelines for construction
      Couplers that are used with medium-voltage or high-voltage power
    circuits shall be of the three-phase type with a full metallic
    shell, except that the Secretary may permit, under such guidelines
    as he may prescribe, no less effective couplers constructed of
    materials other than metal. Couplers shall be adequate for the
    voltage and current expected. All exposed metal on the metallic
    couplers shall be grounded to the ground conductor in the cable.
    The coupler shall be constructed so that the ground check
    continuity conductor shall be broken first and the ground
    conductors shall be broken last when the coupler is being
    uncoupled.
    (g) Connections of single-phase loads
      Single-phase loads, such as transformer primaries, shall be
    connected phase to phase.
    (h) Installation of underground transmission cables
      All underground high-voltage transmission cables shall be
    installed only in regularly inspected air courses and haulageways,
    and shall be covered, buried, or placed so as to afford protection
    against damage, guarded where men regularly work or pass under them
    unless they are six and one-half feet or more above the floor or
    rail, securely anchored, properly insulated, and guarded at ends,
    and covered, insulated, or placed to prevent contact with trolley
    wires and other low-voltage circuits.
    (i) Disconnection devices; location; visual observation of position
      of switch
      Disconnecting devices shall be installed at the beginning of
    branch lines in high-voltage circuits and equipped or designed in
    such a manner that it can be determined by visual observation that
    the circuit is deenergized when the switches are open.
    (j) Circuit breakers and disconnection devices; markings
      Circuit breakers and disconnecting switches underground shall be
    marked for identification.
    (k) Splices in cables used as trailing cables; terminations and
      splices in other cables
      In the case of high-voltage cables used as trailing cables,
    temporary splices shall not be used and all permanent splices shall
    be made in accordance with section 866(e) of this title.
    Terminations and splices in all other high-voltage cables shall be
    made in accordance with the manufacturer's specifications.
    (l) Grounding of frames of underground equipment
      Frames, supporting structures, and enclosures of stationary,
    portable, or mobile underground high-voltage equipment and all high-
    voltage equipment supplying power to such equipment receiving
    power from resistance grounded systems shall be effectively
    grounded to the high-voltage ground.
    (m) Moving of power centers, transformers, and cables;
      deenergizing; exceptions; safety guidelines; record of
      examinations
      Power centers and portable transformers shall be deenergized
    before they are moved from one location to another, except that,
    when equipment powered by sources other than such centers or
    transformers is not available, the Secretary may permit such
    centers and transformers to be moved while energized, if he
    determines that another equivalent or greater hazard may otherwise
    be created, and if they are moved under the supervision of a
    qualified person, and if such centers and transformers are examined
    prior to such movement by such person and found to be grounded by
    methods approved by an authorized representative of the Secretary
    and otherwise protected from hazards to the miner. A record shall
    be kept of such examinations. High-voltage cables, other than
    trailing cables, shall not be moved or handled at any time while
    energized, except that, when such centers and transformers are
    moved while energized as permitted under this subsection, energized
    high-voltage cables attached to such centers and transformers may
    be moved only by a qualified person and the operator of such mine
    shall require that such person wear approved and tested insulated
    wireman's gloves.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 308, Dec. 30, 1969, 83 Stat. 780.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in subsec.
    (d), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 869                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 869. Underground low- and medium-voltage alternating current
      circuits

-STATUTE-
    (a) Circuits providing power for three-phase equipment; circuit
      breakers
      Low- and medium-voltage power circuits serving three-phase
    alternating current equipment shall be protected by suitable
    circuit breakers of adequate interrupting capacity which are
    properly tested and maintained as prescribed by the Secretary. Such
    breakers shall be equipped with devices to provide protection
    against under-voltage, grounded phase, short circuit, and over-
    current.
    (b) Circuits used underground; direct neutral grounds; ground
      conductors for frames; exceptions; grounding resistors
      Low- and medium-voltage three-phase alternating-current circuits
    used underground shall contain either a direct or derived neutral
    which shall be grounded through a suitable resistor at the power
    center, and a grounding circuit, originating at the grounded side
    of the grounding resistor, shall extend along with the power
    conductors and serve as a grounding conductor for the frames of all
    the electrical equipment supplied power from that circuit, except
    that the Secretary or his authorized representative may permit
    ungrounded low- and medium-voltage circuits to be used underground
    to feed such stationary electrical equipment if such circuits are
    either steel armored or installed in grounded rigid steel conduit
    throughout their entire length. The grounding resistor, where
    required, shall be of the proper ohmic value to limit the ground
    fault current to 25 amperes. The grounding resistor shall be rated
    for maximum fault current continuously and insulated from ground
    for a voltage equal to the phase-to-phase voltage of the system.
    (c) Inclusion of fail safe ground check circuits in resistance
      ground systems; operative functions; time extension; couplers for
      power circuits; guidelines for construction
      Six months after the operative date of this subchapter, low- and
    medium-voltage resistance grounded systems shall include a fail
    safe ground check circuit to monitor continuously the grounding
    circuit to assure continuity which ground check circuit shall cause
    the circuit breaker to open when either the ground or pilot check
    wire is broken, or other no less effective device approved by the
    Secretary or his authorized representative to assure such
    continuity, except that an extension of time, not in excess of
    twelve months, may be permitted by the Secretary on a mine-by-mine
    basis if he determines that such equipment is not available. Cable
    couplers shall be constructed so that the ground check continuity
    conductor shall be broken first and the ground conductors shall be
    broken last when the coupler is being uncoupled.
    (d) Disconnecting devices installed in conjunction with circuit
      breakers; purpose; trailing cables for mobile equipment;
      guidelines for construction; time extension; splices
      Disconnecting devices shall be installed in conjunction with the
    circuit breaker to provide visual evidence that the power is
    disconnected. Trailing cables for mobile equipment shall contain
    one or more ground conductors having a cross sectional area of not
    less than one-half the power conductor, and, six months after the
    operative date of this subchapter, an insulated conductor for the
    ground continuity check circuit or other no less effective device
    approved by the Secretary or his authorized representative to
    assure such continuity, except that an extension of time, not in
    excess of twelve months may be permitted by the Secretary on a mine-
    by-mine basis if he determines that such equipment is not
    available. Splices made in the cables shall provide continuity of
    all components.
    (e) Connections of single phase loads
      Single phase loads shall be connected phase to phase.
    (f) Circuit breakers; markings
      Circuit breakers shall be marked for identification.
    (g) Trailing cables for medium voltage circuits; guidelines for
      construction
      Trailing cables for medium voltage circuits shall include
    grounding conductors, a ground check conductor, and ground metallic
    shields around each power conductor or a grounded metallic shield
    over the assembly, except that on equipment employing cable reels,
    cables without shields may be used if the insulation is rated 2,000
    volts or more.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 309, Dec. 30, 1969, 83 Stat. 782.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in
    subsecs. (c) and (d), see section 509 of Pub. L. 91-173, set out as
    an Effective Date note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 870                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 870. Trolley wires and trolley feeder wires

-STATUTE-
    (a) Intervals for cutoff switches
      Trolley wires and trolley feeder wires shall be provided with
    cutout switches at intervals of not more than 2,000 feet and near
    the beginning of all branch lines.
    (b) Overcurrent protection devices
      Trolley wires and trolley feeder wires shall be provided with
    overcurrent protection.
    (c) Location of wires
      Trolley wires and trolley feeder wires, high-voltage cables and
    transformers shall not be located inby the last open crosscut and
    shall be kept at least 150 feet from pillar workings.
    (d) Adequate insulation and guard devices; promulgation of safety
      guidelines
      Trolley wires, trolley feeder wires, and bare signal wires shall
    be insulated adequately where they pass through doors and
    stoppings, and where they cross other power wires and cables.
    Trolley wires and trolley feeder wires shall be guarded adequately
    (1) at all points where men are required to work or pass regularly
    under the wires; (2) on both sides of all doors and stoppings; and
    (3) at man-trip stations. The Secretary or his authorized
    representatives shall specify other conditions where trolley wires
    and trolley feeder wires shall be adequately protected to prevent
    contact by any person, or shall require the use of improved methods
    to prevent such contact. Temporary guards shall be provided where
    trackmen and other persons work in proximity to trolley wires and
    trolley feeder wires.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 310, Dec. 30, 1969, 83 Stat. 783.)

-End-



-CITE-
    30 USC Sec. 871                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 871. Fire protection

-STATUTE-
    (a) Firefighting equipment; promulgation of minimum requirements
      for equipment; existing requirements; examinations after blasting
      Each coal mine shall be provided with suitable firefighting
    equipment adapted for the size and conditions of the mine. The
    Secretary shall establish minimum requirements for the type,
    quality, and quantity of such equipment, and the interpretations of
    the Secretary or the Director of the United States Bureau of Mines
    relating to such equipment in effect on the operative date of this
    subchapter shall continue in effect until modified or superseded by
    the Secretary. After every blasting operation, an examination shall
    be made to determine whether fires have been started.
    (b) Underground storage areas for lubricating oils and greases;
      construction; exceptions
      Underground storage places for lubricating oil and grease shall
    be of fireproof construction. Except for specially prepared
    materials approved by the Secretary, lubricating oil and grease
    kept in all underground areas in a coal mine shall be in fireproof,
    closed metal containers or other no less effective containers
    approved by the Secretary.
    (c) Housing of underground structures, stations, shops, and pumps;
      construction; ventilation
      Underground transformer stations, battery-charging stations,
    substations, compressor stations, shops, and permanent pumps shall
    be housed in fireproof structures or areas. Air currents used to
    ventilate structures or areas enclosing electrical installations
    shall be coursed directly into the return. Other underground
    structures installed in a coal mine as the Secretary may prescribe
    shall be of fireproof construction.
    (d) Use of arc or flame in underground mines; fireproof enclosures;
      operations outside fireproof enclosures; procedures; standards
      All welding, cutting, or soldering with arc or flame in all
    underground areas of a coal mine shall, whenever practicable, be
    conducted in fireproof enclosures. Welding, cutting or soldering
    with arc or flame in other than a fireproof enclosure shall be done
    under the supervision of a qualified person who shall make a
    diligent search for fire during and after such operations and
    shall, immediately before and during such operations, continuously
    test for methane with means approved by the Secretary for detecting
    methane. Welding, cutting, or soldering shall not be conducted in
    air that contains 1.0 volume per centum or more of methane. Rock
    dust or suitable fire extinguishers shall be immediately available
    during such welding, cutting, or soldering.
    (e) Installation of fire suppression devices on unattended
      underground equipment; flame-resistant hydraulic fluids
      Within one year after the operative date of this subchapter, fire
    suppression devices meeting specifications prescribed by the
    Secretary shall be installed on unattended underground equipment
    and suitable fire-resistant hydraulic fluids approved by the
    Secretary shall be used in the hydraulic systems of such equipment.
    Such fluids shall be used in the hydraulic systems of other
    underground equipment unless fire suppression devices meeting
    specifications prescribed by the Secretary are installed on such
    equipment.
    (f) Deluge-type water sprays at main and secondary drives
      Deluge-type water sprays or foam generators automatically
    actuated by rise in temperature, or other no less effective means
    approved by the Secretary of controlling fire, shall be installed
    at main and secondary belt-conveyor drives. Where sprays or foam
    generators are used they shall supply a sufficient quantity of
    water or foam to control fires.
    (g) Installation of slippage and sequence switches on belt
      conveyors; fire suppression devices on belt haulageways
      Underground belt conveyors shall be equipped with slippage and
    sequence switches. The Secretary shall, within sixty days after the
    operative date of this subchapter, require that devices be
    installed on all such belts which will give a warning automatically
    when a fire occurs on or near such belt. The Secretary shall
    prescribe a schedule for installing fire suppression devices on
    belt haulageways.
    (h) Flame-resistant conveyor belt
      On and after the operative date of this subchapter, all conveyor
    belts acquired for use underground shall meet the requirements to
    be established by the Secretary for flame-resistant conveyor belts.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 311, Dec. 30, 1969, 83 Stat. 783;
    Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to subsecs.
    (a), (e), (g), and (h), see section 509 of Pub. L. 91-173, set out
    as an Effective Date note under section 801 of this title.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (a) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.

-End-



-CITE-
    30 USC Sec. 872                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 872. Maps

-STATUTE-
    (a) Fireproof repository; contents; certification
      The operator of a coal mine shall have in a fireproof repository
    located in an area on the surface of the mine chosen by the mine
    operator to minimize the danger of destruction by fire or other
    hazard, an accurate and up-to-date map of such mine drawn on scale.
    Such map shall show the active workings, all pillared, worked out,
    and abandoned areas, except as provided in this section, entries
    and aircourses with the direction of airflow indicated by arrows,
    contour lines of all elevations, elevations of all main and cross
    or side entries, dip of the coalbed, escapeways, adjacent mine
    workings within one thousand feet, mines above or below, water
    pools above, and either producing or abandoned oil and gas wells
    located within five hundred feet of such mine and any underground
    area of such mine, and such other information as the Secretary may
    require. Such map shall identify those areas of the mine which have
    been pillared, worked out, or abandoned which are inaccessible or
    cannot be entered safely and on which no information is available.
    Such map shall be made or certified by a registered engineer or a
    registered surveyor of the State in which the mine is located. Such
    map shall be kept up to date by temporary notations and such map
    shall be revised and supplemented at intervals prescribed by the
    Secretary on the basis of a survey made or certified by such
    engineer or surveyor.
    (b) Availability for inspection; confidential copies
      The coal mine map and any revision and supplement thereof shall
    be available for inspection by the Secretary or his authorized
    representative, by coal mine inspectors of the State in which the
    mine is located, by miners in the mine and their representatives
    and by operators of adjacent coal mines and by persons owning,
    leasing, or residing on surface areas of such mines or areas
    adjacent to such mines. The operator shall furnish to the Secretary
    or his authorized representative and to the Secretary of Housing
    and Urban Development, upon request, one or more copies of such map
    and any revision and supplement thereof. Such map or revision and
    supplement thereof shall be kept confidential and its contents
    shall not be divulged to any other person, except to the extent
    necessary to carry out the provisions of this chapter and in
    connection with the functions and responsibilities of the Secretary
    of Housing and Urban Development.
    (c) Notification of mine closures; filing of revised and
      supplemental map; certification
      Whenever an operator permanently closes or abandons a coal mine,
    or temporarily closes a coal mine for a period of more than ninety
    days, he shall promptly notify the Secretary of such closure.
    Within sixty days of the permanent closure or abandonment of the
    mine, or, when the mine is temporarily closed, upon the expiration
    of a period of ninety days from the date of closure, the operator
    shall file with the Secretary a copy of the mine map revised and
    supplemented to the date of the closure. Such copy of the mine map
    shall be certified by a registered surveyor or registered engineer
    of the State in which the mine is located and shall be available
    for public inspection.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 312, Dec. 30, 1969, 83 Stat. 785.)

-End-



-CITE-
    30 USC Sec. 873                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 873. Blasting and explosives

-STATUTE-
    (a) Limitations on storage and use of black powder and mudcaps
      Black blasting powder shall not be stored or used underground.
    Mudcaps (adobes) or other unconfined shots shall not be fired
    underground.
    (b) Storage of explosives and detonators; mudcaps in anthracite
      mines; restrictions; tests
      Explosives and detonators shall be kept in separate containers
    until immediately before blasting. In underground anthracite mines,
    (1) mudcaps or other open, unconfined shake shots may be fired, if
    restricted to battery starting when methane or a fire hazard is not
    present, and if it is otherwise impracticable to start the battery;
    (2) open, unconfined shake shots in pitching veins may be fired,
    when no methane or fire hazard is present, if the taking down of
    loose hanging coal by other means is too hazardous; and (3) tests
    for methane shall be made immediately before such shots are fired
    and if 1.0 volume per centum or more of methane is present, when
    tested, such shot shall not be made until the methane content is
    reduced below 1.0 volume per centum.
    (c) Permissible explosives, detonators, and devices; firing; stem
      boreholes; nonpermissible explosives; compressed air blasting
      Except as provided in this subsection, in all underground areas
    of a coal mine only permissible explosives, electric detonators of
    proper strength, and permissible blasting devices shall be used and
    all explosives and blasting devices shall be used in a permissible
    manner. Permissible explosives shall be fired only with permissible
    shot firing units. Only incombustible materials shall be used for
    stemming boreholes. The Secretary may, under such safeguards as he
    may prescribe, permit the firing of more than twenty shots and
    allow the use of nonpermissible explosives in sinking shafts and
    slopes from the surface in rock. Nothing in this section shall
    prohibit the use of compressed air blasting.
    (d) Container construction for carrying explosives or detonators in
      underground mines
      Explosives or detonators carried anywhere underground in a coal
    mine by any person shall be in containers constructed of
    nonconductive material, maintained in good condition, and kept
    closed.
    (e) Transportation of explosives or detonators in underground mines
      Explosives or detonators shall be transported in special closed
    containers (1) in cars moved by means of a locomotive or rope, (2)
    on belts, (3) in shuttle cars, or (4) in equipment designed
    especially to transport such explosives or detonators.
    (f) Storage of explosives and detonators in working sections of
      underground mines; containers; locations
      When supplies of explosives and detonators for use in one or more
    working sections are stored underground, they shall be kept in
    section boxes or magazines of substantial construction with no
    metal exposed on the inside, located at least twenty-five feet from
    roadways and power wires, and in a dry, well rock-dusted location
    protected from falls of roof, except in pitching beds, where it is
    not possible to comply with the location requirement, such boxes
    shall be placed in niches cut into the solid coal or rock.
    (g) Location of explosive and detonator containers in working
      places of underground mines
      Explosives and detonators stored in the working places shall be
    kept in separate closed containers which shall be located out of
    the line of blast and not less than fifty feet from the working
    face and fifteen feet from any pipeline, powerline, rail, or
    conveyor, except that, if kept in niches in the rib, the distance
    from any pipeline, powerline, rail, or conveyor shall be at least
    five feet. Such explosives and detonators, when stored, shall be
    separated by a distance of at least five feet.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 313, Dec. 30, 1969, 83 Stat. 785.)

-End-



-CITE-
    30 USC Sec. 874                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 874. Hoisting and mantrips

-STATUTE-
    (a) Transporting of persons; required equipment and capabilities;
      safety catches; daily examinations; operators
      Every hoist used to transport persons at a coal mine shall be
    equipped with overspeed, overwind, and automatic stop controls.
    Every hoist handling platforms, cages, or other devices used to
    transport persons shall be equipped with brakes capable of stopping
    the fully loaded platform, cage, or other device; with hoisting
    cable adequately strong to sustain the fully loaded platform, cage,
    or other device; and have a proper margin of safety. Cages,
    platforms, or other devices which are used to transport persons in
    shafts and slopes shall be equipped with safety catches or other no
    less effective devices approved by the Secretary that act quickly
    and effectively in an emergency, and such catches shall be tested
    at least once every two months. Hoisting equipment, including
    automatic elevators, that is used to transport persons shall be
    examined daily. Where persons are transported into, or out of, a
    coal mine by hoists, a qualified hoisting engineer shall be on duty
    while any person is underground, except that no such engineer shall
    be required for automatically operated cages, platforms, or
    elevators.
    (b) Promulgation of other safeguards
      Other safeguards adequate, in the judgment of an authorized
    representative of the Secretary, to minimize hazards with respect
    to transportation of men and materials shall be provided.
    (c) Rated capacities; indicator for position of cage
      Hoists shall have rated capacities consistent with the loads
    handled and the recommended safety factors of the ropes used. An
    accurate and reliable indicator of the position of the cage,
    platform, skip, bucket, or cars shall be provided.
    (d) Methods for signaling between shaft stations and hoist rooms
      There shall be at least two effective methods approved by the
    Secretary of signaling between each of the shaft stations and the
    hoist room, one of which shall be a telephone or speaking tube.
    (e) Braking equipment for haulage cars used in underground mines
      Each locomotive and haulage car used in an underground coal mine
    shall be equipped with automatic brakes, where space permits. Where
    space does not permit automatic brakes, locomotives and haulage
    cars shall be subject to speed reduction gear, or other similar
    devices approved by the Secretary which are designed to stop the
    locomotives and haulage cars with the proper margin of safety.
    (f) Automatic couplers for haulage equipment
      All haulage equipment acquired by an operator of a coal mine on
    or after one year after the operative date of this subchapter shall
    be equipped with automatic couplers which couple by impact and
    uncouple without the necessity of persons going between the ends of
    such equipment. All haulage equipment without automatic couplers in
    use in a mine on the operative date of this subchapter shall also
    be so equipped within four years after the operative date of this
    subchapter.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 314, Dec. 30, 1969, 83 Stat. 786.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in subsec.
    (f), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 875                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 875. Emergency shelters; construction; contents;
      implementation plans

-STATUTE-
      The Secretary or an authorized representative of the Secretary
    may prescribe in any coal mine that rescue chambers, properly
    sealed and ventilated, be erected at suitable locations in the mine
    to which persons may go in case of an emergency for protection
    against hazards. Such chambers shall be properly equipped with
    first aid materials, an adequate supply of air and self-contained
    breathing equipment, an independent communication system to the
    surface, and proper accommodations for the persons while awaiting
    rescue, and such other equipment as the Secretary may require. A
    plan for the erection, maintenance, and revisions of such chambers
    and the training of the miners in their proper use shall be
    submitted by the operator to the Secretary for his approval.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 315, Dec. 30, 1969, 83 Stat. 787.)

-End-



-CITE-
    30 USC Sec. 876                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 876. Communication facilities; locations and emergency
      response plans

-STATUTE-
    (a) In general
      Telephone service or equivalent two-way communication facilities,
    approved by the Secretary or his authorized representative, shall
    be provided between the surface and each landing of main shafts and
    slopes and between the surface and each working section of any coal
    mine that is more than one hundred feet from a portal.
    (b) Accident preparedness and response
      (1) In general
        Each underground coal mine operator shall carry out on a
      continuing basis a program to improve accident preparedness and
      response at each mine.
      (2) Response and preparedness plan
        (A) In general
          Not later than 60 days after June 15, 2006, each underground
        coal mine operator shall develop and adopt a written accident
        response plan that complies with this subsection with respect
        to each mine of the operator, and periodically update such
        plans to reflect changes in operations in the mine, advances in
        technology, or other relevant considerations. Each such
        operator shall make the accident response plan available to the
        miners and the miners' representatives.
        (B) Plan requirements
          An accident response plan under subparagraph (A) shall - 
            (i) provide for the evacuation of all individuals
          endangered by an emergency; and
            (ii) provide for the maintenance of individuals trapped
          underground in the event that miners are not able to evacuate
          the mine.
        (C) Plan approval
          The accident response plan under subparagraph (A) shall be
        subject to review and approval by the Secretary. In determining
        whether to approve a particular plan the Secretary shall take
        into consideration all comments submitted by miners or their
        representatives. Approved plans shall - 
            (i) afford miners a level of safety protection at least
          consistent with the existing standards, including standards
          mandated by law and regulation;
            (ii) reflect the most recent credible scientific research;
            (iii) be technologically feasible, make use of current
          commercially available technology, and account for the
          specific physical characteristics of the mine; and
            (iv) reflect the improvements in mine safety gained from
          experience under this chapter and other worker safety and
          health laws.
        (D) Plan review
          The accident response plan under subparagraph (A) shall be
        reviewed periodically, but at least every 6 months, by the
        Secretary. In such periodic reviews, the Secretary shall
        consider all comments submitted by miners or miners'
        representatives and intervening advancements in science and
        technology that could be implemented to enhance miners' ability
        to evacuate or otherwise survive in an emergency.
        (E) Plan content-general requirements
          To be approved under subparagraph (C), an accident response
        plan shall include the following:
          (i) Post-accident communications
            The plan shall provide for a redundant means of
          communication with the surface for persons underground, such
          as secondary telephone or equivalent two-way communication.
          (ii) Post-accident tracking
            Consistent with commercially available technology and with
          the physical constraints, if any, of the mine, the plan shall
          provide for above ground personnel to determine the current,
          or immediately pre-accident, location of all underground
          personnel. Any system so utilized shall be functional,
          reliable, and calculated to remain serviceable in a post-
          accident setting.
          (iii) Post-accident breathable air
            The plan shall provide for - 
              (I) emergency supplies of breathable air for individuals
            trapped underground sufficient to maintain such individuals
            for a sustained period of time;
              (II) in addition to the 2 hours of breathable air per
            miner required by law under the emergency temporary
            standard as of the day before June 15, 2006, caches of self-
            rescuers providing in the aggregate not less than 2 hours
            per miner to be kept in escapeways from the deepest work
            area to the surface at a distance of no further than an
            average miner could walk in 30 minutes;
              (III) a maintenance schedule for checking the reliability
            of self rescuers, retiring older self-rescuers first, and
            introducing new self-rescuer technology, such as units with
            interchangeable air or oxygen cylinders not requiring
            doffing to replenish airflow and units with supplies of
            greater than 60 minutes, as they are approved by the
            Administration and become available on the market; and
              (IV) training for each miner in proper procedures for
            donning self-rescuers, switching from one unit to another,
            and ensuring a proper fit.
          (iv) Post-accident lifelines
            The plan shall provide for the use of flame-resistant
          directional lifelines or equivalent systems in escapeways to
          enable evacuation. The flame-resistance requirement of this
          clause shall apply upon the replacement of existing
          lifelines, or, in the case of lifelines in working sections,
          upon the earlier of the replacement of such lifelines or 3
          years after June 15, 2006.
          (v) Training
            The plan shall provide a training program for emergency
          procedures described in the plan which will not diminish the
          requirements for mandatory health and safety training
          currently required under section 825 of this title.
          (vi) Local coordination
            The plan shall set out procedures for coordination and
          communication between the operator, mine rescue teams, and
          local emergency response personnel and make provisions for
          familiarizing local rescue personnel with surface functions
          that may be required in the course of mine rescue work.
        (F) Plan content-specific requirements
          (i) In general
            In addition to the content requirements contained in
          subparagraph (E), and subject to the considerations contained
          in subparagraph (C), the Secretary may make additional plan
          requirements with respect to any of the content matters.
          (ii) Post accident communications
            Not later than 3 years after June 15, 2006, a plan shall,
          to be approved, provide for post accident communication
          between underground and surface personnel via a wireless two-
          way medium, and provide for an electronic tracking system
          permitting surface personnel to determine the location of any
          persons trapped underground or set forth within the plan the
          reasons such provisions can not be adopted. Where such plan
          sets forth the reasons such provisions can not be adopted,
          the plan shall also set forth the operator's alternative
          means of compliance. Such alternative shall approximate, as
          closely as possible, the degree of functional utility and
          safety protection provided by the wireless two-way medium and
          tracking system referred to in this subpart.(!1)

        (G) Plan dispute resolution
          (i) In general
            Any dispute between the Secretary and an operator with
          respect to the content of the operator's plan or any refusal
          by the Secretary to approve such a plan shall be resolved on
          an expedited basis.
          (ii) Disputes
            In the event of a dispute or refusal described in clause
          (i), the Secretary shall issue a citation which shall be
          immediately referred to a Commission Administrative Law
          Judge. The Secretary and the operator shall submit all
          relevant material regarding the dispute to the Administrative
          Law Judge within 15 days of the date of the referral. The
          Administrative Law Judge shall render his or her decision
          with respect to the plan content dispute within 15 days of
          the receipt of the submission.
          (iii) Further appeals
            A party adversely affected by a decision under clause (ii)
          may pursue all further available appeal rights with respect
          to the citation involved, except that inclusion of the
          disputed provision in the plan will not be limited by such
          appeal unless such relief is requested by the operator and
          permitted by the Administrative Law Judge.
        (H) Maintaining protections for miners
          Notwithstanding any other provision of this chapter, nothing
        in this section, and no response and preparedness plan
        developed under this section, shall be approved if it reduces
        the protection afforded miners by an existing mandatory health
        or safety standard.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 316, Dec. 30, 1969, 83 Stat. 787;
    Pub. L. 109-236, Sec. 2, June 15, 2006, 120 Stat. 493.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-236 inserted "and emergency response plans"
    after "locations" in section catchline, designated existing
    provisions as subsec. (a) and inserted heading, and added subsec.
    (b).

-FOOTNOTE-               

    (!1) So in original. Probably should be "subparagraph".


-End-



-CITE-
    30 USC Sec. 877                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 877. General safety provisions

-STATUTE-
    (a) Location of oil and gas wells; establishment and maintenance of
      barriers; minimum requisites; exceptions
      Each operator of a coal mine shall take reasonable measures to
    locate oil and gas wells penetrating coalbeds or any underground
    area of a coal mine. When located, such operator shall establish
    and maintain barriers around such oil and gas wells in accordance
    with State laws and regulations, except that such barriers shall
    not be less than three hundred feet in diameter, unless the
    Secretary or his authorized representative permits a lesser barrier
    consistent with the applicable State laws and regulations where
    such lesser barrier will be adequate to protect against hazards
    from such wells to the miners in such mine, or unless the Secretary
    or his authorized representative requires a greater barrier where
    the depth of the mine, other geologic conditions, or other factors
    warrant such a greater barrier.
    (b) Boreholes in advance of work face; distance in advance of work
      face; distance between boreholes
      Whenever any working place approaches within fifty feet of
    abandoned areas in the mine as shown by surveys made and certified
    by a registered engineer or surveyor, or within two hundred feet of
    any other abandoned areas of the mine which cannot be inspected and
    which may contain dangerous accumulations of water or gas, or
    within two hundred feet of any workings of an adjacent mine, a
    borehole or boreholes shall be drilled to a distance of at least
    twenty feet in advance of the working face of such working place
    and shall be continually maintained to a distance of at least ten
    feet in advance of the advancing working face. When there is more
    than one borehole, they shall be drilled sufficiently close to each
    other to insure that the advancing working face will not
    accidentally hole through into abandoned areas or adjacent mines.
    Boreholes shall also be drilled not more than eight feet apart in
    the rib of such working place to a distance of at least twenty feet
    and at an angle of forty-five degrees. Such rib holes shall be
    drilled in one or both ribs of such working place as may be
    necessary for adequate protection of miners in such place.
    (c) Prohibition against smoking; implementation programs
      No person shall smoke, carry smoking materials, matches, or
    lighters underground, or smoke in or around oil houses, explosives
    magazines, or other surface areas where such practice may cause a
    fire or explosion. The operator shall institute a program, approved
    by the Secretary, to insure that any person entering the
    underground area of the mine does not carry smoking materials,
    matches, or lighters.
    (d) Portable electric lamps; exceptions
      Persons underground shall use only permissible electric lamps
    approved by the Secretary for portable illumination. No open flame
    shall be permitted in the underground area of any coal mine, except
    as permitted under section 871(d) of this title.
    (e) Promulgation of lighting standards
      Within nine months after the operative date of this subchapter,
    the Secretary shall propose the standards under which all working
    places in a mine shall be illuminated by permissible lighting,
    within eighteen months after the promulgation of such standards,
    while persons are working in such places.
    (f) Escapeways; ventilation; maintenance; tests of passageways;
      protection of entrance; connection between mine openings
      (1) Except as provided in paragraphs (2) and (3) of this
    subsection, at least two separate and distinct travelable
    passageways which are maintained to insure passage at all times of
    any person, including disabled persons, and which are to be
    designated as escapeways, at least one of which is ventilated with
    intake air, shall be provided from each working section continuous
    to the surface escape drift opening, or continuous to the escape
    shaft or slope facilities to the surface, as appropriate, and shall
    be maintained in safe condition and properly marked. Mine openings
    shall be adequately protected to prevent the entrance into the
    underground area of the mine of surface fires, fumes, smoke, and
    flood water. Escape facilities approved by the Secretary or his
    authorized representative, properly maintained and frequently
    tested, shall be present at or in each escape shaft or slope to
    allow all persons, including disabled persons, to escape quickly to
    the surface in the event of an emergency.
      (2) When new coal mines are opened, not more than twenty miners
    shall be allowed at any one time in any mine until a connection has
    been made between the two mine openings, and such connections shall
    be made as soon as possible.
      (3) When only one mine opening is available, owing to final
    mining of pillars, not more than twenty miners shall be allowed in
    such mine at any one time, and the distance between the mine
    opening and working face shall not exceed five hundred feet.
      (4) In the case of all coal mines opened on or after the
    operative date of this subchapter, and in the case of all new
    working sections opened on or after such date in mines opened prior
    to such date, the escapeway required by this section to be
    ventilated with intake air shall be separated from the belt and
    trolley haulage entries of the mine for the entire length of such
    entries to the beginning of each working section, except that the
    Secretary or his authorized representative may permit such
    separation to be extended for a greater or lesser distance so long
    as such extension does not pose a hazard to the miners.
    (g) Erection of fireproof structures; prior existing structures;
      fire doors; monthly tests; records; availability
      After the operative date of this subchapter, all structures
    erected on the surface within one hundred feet of any mine opening
    shall be of fireproof construction. Unless structures existing on
    or prior to such date which are located within one hundred feet of
    any mine opening are of such construction, fire doors shall be
    erected at effective points in mine openings to prevent smoke or
    fire from outside sources endangering miners underground. These
    doors shall be tested at least monthly to insure effective
    operation. A record of such tests shall be kept in an area on the
    surface of the mine chosen by the operator to minimize the danger
    of destruction by fire or other hazard and shall be available for
    inspection by interested persons.
    (h) Prevention of accumulations of coal dust and methane gas;
      surface coal-handling facilities; air-intake openings
      Adequate measures shall be taken to prevent methane and coal dust
    from accumulating in excessive concentrations in or on surface coal-
    handling facilities, but in no event shall methane be permitted to
    accumulate in concentrations in or on surface coal-handling
    facilities in excess of limits established for methane by the
    Secretary within one year after the operative date of this
    subchapter. Where coal is dumped at or near air-intake openings,
    provisions shall be made to avoid dust from entering the mine.
    (i) Training programs
      Every operator of a coal mine shall provide a program, approved
    by the Secretary, of training and retraining of both qualified and
    certified persons needed to carry out functions prescribed in this
    chapter.
    (j) Electric face equipment; installation of canopies
      An authorized representative of the Secretary may require in any
    coal mine where the height of the coalbed permits that electric
    face equipment, including shuttle cars, be provided with
    substantially constructed canopies or cabs to protect the miners
    operating such equipment from roof falls and from rib and face
    rolls.
    (k) Mine entrances; sealing; prevention of entry by unauthorized
      personnel
      On and after the operative date of this subchapter, the opening
    of any coal mine that is declared inactive by its operator or is
    permanently closed or abandoned for more than ninety days, shall be
    sealed by the operator in a manner prescribed by the Secretary.
    Openings of all other mines shall be adequately protected in a
    manner prescribed by the Secretary to prevent entrance by
    unauthorized persons.
    (l) Facilities for changing and storing clothes; toilet and bathing
      facilities
      The Secretary may require any operator to provide adequate
    facilities for the miners to change from the clothes worn
    underground, to provide for the storing of such clothes from shift
    to shift, and to provide sanitary and bathing facilities. Sanitary
    toilet facilities shall be provided in the active workings of the
    mine when such surface facilities are not readily accessible to the
    active workings.
    (m) Emergency medical assistance preparations; locations for
      medical equipment; filing of implementation plans
      Each operator shall make arrangements in advance for obtaining
    emergency medical assistance and transportation for injured
    persons. Emergency communications shall be provided to the nearest
    point of assistance. Selected agents of the operator shall be
    trained in first aid and first aid training shall be made available
    to all miners. Each coal mine shall have an adequate supply of
    first aid equipment located on the surface, at the bottom of shafts
    and slopes, and at other strategic locations near the working
    faces. In fulfilling each of the requirements of this subsection,
    the operator shall meet at least minimum requirements prescribed by
    the Secretary of Health and Human Services. Within two months after
    the operative date of this subchapter, each operator shall file
    with the Secretary a plan setting forth in such detail as the
    Secretary may require the manner in which such operator has
    fulfilled the requirements in this subsection.
    (n) Self-rescue device; training of personnel
      A self-rescue device approved by the Secretary shall be made
    available to each miner by the operator which shall be adequate to
    protect such miner for one hour or longer. Each operator shall
    train each miner in the use of such device.
    (o) Methods of eliminating oxygen deficiencies
      The Secretary shall prescribe improved methods of assuring that
    miners are not exposed to atmospheres that are deficient in oxygen.
    (p) Identification check system; records
      Each operator of a coal mine shall establish a check-in and check-
    out system which will provide positive identification of every
    person underground, and will provide an accurate record of the
    persons in the mine kept on the surface in a place chosen to
    minimize the danger of destruction by fire or other hazard. Such
    record shall bear a number identical to an identification check
    that is securely fastened to the lamp belt worn by the person
    underground. The identification check shall be made of a rust
    resistant metal of not less than sixteen gauge.
    (q) Installation of devices to prevent and suppress ignition on
      electric cutting face equipment
      The Secretary shall require, when technologically feasible, that
    devices to prevent and suppress ignitions be installed on electric
    face cutting equipment.
    (r) Tunnelling under water; permits; contents; necessity; safety
      zones; restrictions
      Whenever an operator mines coal from a coal mine opened after the
    operative date of this subchapter, or from any new working section
    of a mine opened prior to such date, in a manner that requires the
    construction, operation, and maintenance of tunnels under any
    river, stream, lake, or other body of water, that is, in the
    judgment of the Secretary, sufficiently large to constitute a
    hazard to miners, such operator shall obtain a permit from the
    Secretary which shall include such terms and conditions as he deems
    appropriate to protect the safety of miners working or passing
    through such tunnels from cave-ins and other hazards. Such permits
    shall require, in accordance with a plan to be approved by the
    Secretary, that a safety zone be established beneath and adjacent
    to such body of water. No plan shall be approved unless there is a
    minimum of cover to be determined by the Secretary, based on test
    holes drilled by the operator in a manner to be prescribed by the
    Secretary. No such permit shall be required in the case of any new
    working section of a mine which is located under any water resource
    reservoir being constructed by a Federal agency on December 30,
    1969, the operator of which is required by such agency to operate
    in a manner that adequately protects the safety of miners working
    in such section from cave-ins and other hazards.
    (s) Drinking water
      An adequate supply of potable water shall be provided for
    drinking purposes in the active workings of the mine, and such
    water shall be carried, stored, and otherwise protected in sanitary
    containers.
    (t) Standards for prevention of explosions from nonmethane gases
      and for testing for accumulations
      Within one year after the operative date of this subchapter, the
    Secretary shall propose standards for preventing explosions from
    explosive gases other than methane and for testing for
    accumulations of such gases.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 317, Dec. 30, 1969, 83 Stat. 787;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in
    subsecs. (e), (f)(4), (g), (h), (k), (m), (r), and (t), see section
    509 of Pub. L. 91-173, set out as an Effective Date note under
    section 801 of this title.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (m)
    pursuant to section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.

-End-



-CITE-
    30 USC Sec. 878                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
           COAL MINES                                    

-HEAD-
    Sec. 878. Definitions

-STATUTE-
      For the purpose of this subchapter and subchapter II of this
    chapter, the term - 
        (a) "certified" or "registered" as applied to any person means
      a person certified or registered by the State in which the coal
      mine is located to perform duties prescribed by such subchapters,
      except that, in a State where no program of certification or
      registration is provided or where the program does not meet at
      least minimum Federal standards established by the Secretary,
      such certification or registration shall be by the Secretary;
        (b) "qualified person" means, as the context requires,
          (1) an individual deemed qualified by the Secretary and
        designated by the operator to make tests and examinations
        required by this chapter; and
          (2) an individual deemed, in accordance with minimum
        requirements to be established by the Secretary, qualified by
        training, education, and experience, to perform electrical
        work, to maintain electrical equipment, and to conduct
        examinations and tests of all electrical equipment;

        (c) "permissible" as applied to - 
          (1) equipment used in the operation of a coal mine, means
        equipment, other than permissible electric face equipment, to
        which an approval plate, label, or other device is attached as
        authorized by the Secretary and which meets specifications
        which are prescribed by the Secretary for the construction and
        maintenance of such equipment and are designed to assure that
        such equipment will not cause a mine explosion or a mine fire,
          (2) explosives, shot firing units, or blasting devices used
        in such mine, means explosives, shot firing units, or blasting
        devices which meet specifications which are prescribed by the
        Secretary, and
          (3) the manner of use of equipment or explosives, shot firing
        units, and blasting devices, means the manner of use prescribed
        by the Secretary;

        (d) "rock dust" means pulverized limestone, dolomite, gypsum,
      anhydrite, shale, adobe, or other inert material, preferably
      light colored, 100 per centum of which will pass through a sieve
      having twenty meshes per linear inch and 70 per centum or more of
      which will pass through a sieve having two hundred meshes per
      linear inch; the particles of which when wetted and dried will
      not cohere to form a cake which will not be dispersed into
      separate particles by a light blast of air; and which does not
      contain more than 5 per centum of combustible matter or more than
      a total of 4 per centum of free and combined silica
      (SiO<sub>2</sub>), or, where the Secretary finds that such silica
      concentrations are not available, which does not contain more
      than 5 per centum of free and combined silica;
        (e) "anthracite" means coals with a volatile ratio equal to
      0.12 or less;
        (f) "volatile ratio" means volatile matter content divided by
      the volatile matter plus the fixed carbon;
        (g)(1) "working face" means any place in a coal mine in which
      work of extracting coal from its natural deposit in the earth is
      performed during the mining cycle,
        (2) "working place" means the area of a coal mine inby the last
      open crosscut,
        (3) "working section" means all areas of the coal mine from the
      loading point of the section to and including the working faces,
        (4) "active workings" means any place in a coal mine where
      miners are normally required to work or travel;
        (h) "abandoned areas" means sections, panels, and other areas
      that are not ventilated and examined in the manner required for
      working places under section 863 of this title;
        (i) "permissible" as applied to electric face equipment means
      all electrically operated equipment taken into or used inby the
      last open crosscut of an entry or a room of any coal mine the
      electrical parts of which, including, but not limited to,
      associated electrical equipment, components, and accessories, are
      designed, constructed, and installed, in accordance with the
      specifications of the Secretary, to assure that such equipment
      will not cause a mine explosion or mine fire, and the other
      features of which are designed and constructed, in accordance
      with the specifications of the Secretary, to prevent, to the
      greatest extent possible, other accidents in the use of such
      equipment; and the regulations of the Secretary or the Director
      of the United States Bureau of Mines in effect on the operative
      date of this subchapter relating to the requirements for
      investigation, testing, approval, certification, and acceptance
      of such equipment as permissible shall continue in effect until
      modified or superseded by the Secretary, except that the
      Secretary shall provide procedures, including, where feasible,
      testing, approval, certification, and acceptance in the field by
      an authorized representative of the Secretary, to facilitate
      compliance by an operator with the requirements of section 865(a)
      of this title within the periods prescribed therein;
        (j) "low voltage" means up to and including 660 volts; "medium
      voltage" means voltages from 661 to 1,000 volts; and "high
      voltage" means more than 1,000 volts;
        (k) Repealed. Pub. L. 95-164, title II, Sec. 202(b), Nov. 9,
      1977, 91 Stat. 1317.
        (l) "coal mine" includes areas of adjoining mines connected
      underground.

-SOURCE-
    (Pub. L. 91-173, title III, Sec. 318, Dec. 30, 1969, 83 Stat. 791;
    Pub. L. 95-164, title II, Sec. 202(b), Nov. 9, 1977, 91 Stat. 1317;
    Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this subchapter, referred to in par.
    (i), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.


-MISC1-
                                AMENDMENTS                            
      1977 - Par. (k). Pub. L. 95-164 struck out par. (k) which defined
    "respirable dust" as dust particles 5 microns or less in size.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in par. (i) pursuant to section 10(b) of Pub. L. 102-285, set out
    as a note under section 1 of this title. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see Transfer of Functions note set out under section 1 of
    this title.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective Nov. 9, 1977, see section
    307 of Pub. L. 95-164, set out as a note under section 801 of this
    title.

-End-


-CITE-
    30 USC SUBCHAPTER IV - BLACK LUNG BENEFITS                  01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS

-HEAD-
                    SUBCHAPTER IV - BLACK LUNG BENEFITS                

-End-


-CITE-
    30 USC Part A - General Provisions                          01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part A - General Provisions

-HEAD-
                        PART A - GENERAL PROVISIONS                    

-End-



-CITE-
    30 USC Sec. 901                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part A - General Provisions

-HEAD-
    Sec. 901. Congressional findings and declaration of purpose; short
      title

-STATUTE-
      (a) Congress finds and declares that there are a significant
    number of coal miners living today who are totally disabled due to
    pneumoconiosis arising out of employment in one or more of the
    Nation's coal mines; that there are a number of survivors of coal
    miners whose deaths were due to this disease; and that few States
    provide benefits for death or disability due to this disease to
    coal miners or their surviving dependents. It is, therefore, the
    purpose of this subchapter to provide benefits, in cooperation with
    the States, to coal miners who are totally disabled due to
    pneumoconiosis and to the surviving dependents of miners whose
    death was due to such disease; and to ensure that in the future
    adequate benefits are provided to coal miners and their dependents
    in the event of their death or total disability due to
    pneumoconiosis.
      (b) This subchapter may be cited as the "Black Lung Benefits
    Act".

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 401, Dec. 30, 1969, 83 Stat. 792;
    Pub. L. 92-303, Secs. 3(a), 4(b)(2), May 19, 1972, 86 Stat. 153,
    154; Pub. L. 95-239, Sec. 16, Mar. 1, 1978, 92 Stat. 105; Pub. L.
    97-119, title II, Sec. 203(a)(4), Dec. 29, 1981, 95 Stat. 1644.)


-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (a). Pub. L. 97-119 struck out "or who were
    totally disabled by this disease at the time of their deaths" after
    "due to this disease" and "due to such disease".
      1978 - Pub. L. 95-239 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1972 - Pub. L. 92-303, Sec. 3(a), inserted "or who were totally
    disabled by this disease at the time of their deaths" after
    "disease" the first and third times it appeared and struck out
    "underground" before "coal mines".

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 206(a) of title II of Pub. L. 97-119 provided that:
    "Except as otherwise provided, the provisions of this title [see
    Short Title of 1981 Amendment note set out under section 801 of
    this title] shall take effect on January 1, 1982."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 20(a) of Pub. L. 95-239 provided that: "The provisions of
    this Act [see Short Title of 1978 Amendment note set out under
    section 801 of this title] shall take effect on the date of
    enactment of this Act [Mar. 1, 1978]."

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Section 3(c) of Pub. L. 92-303 provided that: "The amendments
    made by this section [amending this section and sections 902, 921,
    932, and 933 of this title] shall be effective as of December 30,
    1969."
      Amendment by section 4(b)(2) of Pub. L. 92-303 effective Dec. 30,
    1969, see section 4(g) of Pub. L. 92-303, set out as a note under
    section 921 of this title.

                              EFFECTIVE DATE                          
      Subchapter effective Dec. 30, 1969, see section 509 of Pub. L. 91-
    173, set out as a note under section 801 of this title.

                               SEPARABILITY                           
      Section 206(b) of title II of Pub. L. 97-119 provided that: "If
    any provision of this title [see Short Title of 1981 Amendment
    note, set out under section 801 of this title], or the application
    of such provision to any person or circumstance, shall be held
    invalid, the remainder of this title, or the application of such
    provision to persons or circumstances other than those to which it
    is held invalid, shall not be affected thereby."

                 SPECIAL BENEFITS FOR DISABLED COAL MINERS             
      Pub. L. 102-394, title II, Oct. 6, 1992, 106 Stat. 1806, provided
    that: "For carrying out title IV of the Federal Mine Safety and
    Health Act of 1977 [30 U.S.C. 901 et seq.], including for fiscal
    year 1993 and thereafter the payment of travel expenses on an
    actual cost or commuted basis, to an individual, for travel
    incident to medical examinations, and when travel of more than 75
    miles is required, to parties, their representatives, and all
    reasonably necessary witnesses for travel within the United States,
    Puerto Rico and the Virgin Islands, to reconsideration interviews
    and to proceedings before administrative law judges, $601,313,000,
    to remain available until expended: Provided, That monthly benefit
    payments for fiscal year 1993 and thereafter shall be paid
    consistent with section 215(g) of the Social Security Act [42
    U.S.C. 415(g)]."

     STUDY OF CURRENT MEDICAL METHODS FOR DIAGNOSIS OF PNEUMOCONIOSIS
      AND NATURE AND EXTENT OF IMPAIRMENT ATTRIBUTABLE TO SIMPLE AND
              COMPLICATED PNEUMOCONIOSIS; REPORT TO CONGRESS
      Section 202(e) of Pub. L. 97-119 directed Secretary of Labor, in
    consultation with Secretary of Health and Human Services, to
    undertake a study of current medical methods for diagnosis of
    pneumoconiosis, and of nature and extent of impairment and
    disability that are attributable to the existence of both simple
    and complicated pneumoconiosis, with study, together with
    appropriate recommendations, to be transmitted to Congress no later
    than eighteen months after Jan. 1, 1982.

     STUDY OF BENEFITS UNDER THIS SUBCHAPTER, OTHER BENEFITS RECEIVED,
     AND BENEFITS IF STATE WORKERS' COMPENSATION PROGRAMS APPLICABLE;
                            REPORT TO CONGRESS
      Section 203(c) of Pub. L. 97-119 directed Secretary of Labor to
    undertake a study of the benefits provided by this subchapter,
    other benefits received by individuals who receive benefits under
    this subchapter, and benefits which would be received were State
    workers' compensation programs applicable in lieu of benefits under
    this subchapter, with study, together with appropriate
    recommendations, to be transmitted to Congress no later than
    eighteen months after Jan. 1, 1982.

-End-



-CITE-
    30 USC Sec. 902                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part A - General Provisions

-HEAD-
    Sec. 902. Definitions

-STATUTE-
      For purposes of this subchapter - 
      (a) The term "dependent" means - 
        (1) a child as defined in subsection (g) of this section
      without regard to subparagraph (2)(B)(ii) thereof; or
        (2) a wife who is a member of the same household as the miner,
      or is receiving regular contributions from the miner for her
      support, or whose husband is a miner who has been ordered by a
      court to contribute to her support, or who meets the requirements
      of section 416(b)(1) or (2) of title 42. The determination of an
      individual's status as the "wife" of a miner shall be made in
      accordance with section 416(h)(1) of title 42 as if such miner
      were the "insured individual" referred to therein. The term
      "wife" also includes a "divorced wife" as defined in section
      416(d)(1) of title 42 who is receiving at least one-half of her
      support, as determined in accordance with regulations prescribed
      by the Secretary, from the miner, or is receiving substantial
      contributions from the miner (pursuant to a written agreement),
      or there is in effect a court order for substantial contributions
      to her support from such miner.

      (b) The term "pneumoconiosis" means a chronic dust disease of the
    lung and its sequelae, including respiratory and pulmonary
    impairments, arising out of coal mine employment.
      (c) The term "Secretary", except where expressly otherwise
    provided, means the Secretary of Labor.
      (d) The term "miner" means any individual who works or has worked
    in or around a coal mine or coal preparation facility in the
    extraction or preparation of coal. Such term also includes an
    individual who works or has worked in coal mine construction or
    transportation in or around a coal mine, to the extent such
    individual was exposed to coal dust as a result of such employment.
      (e) The term "widow" includes the wife living with or dependent
    for support on the miner at the time of his death, or living apart
    for reasonable cause or because of his desertion, or who meets the
    requirements of section 416(c)(1), (2), (3), (4), or (5),(!1) and
    section 416(k) of title 42, who is not married. The determination
    of an individual's status as the "widow" of a miner shall be made
    in accordance with section 416(h)(1) of title 42 as if such miner
    were the "insured individual" referred to therein. Such term also
    includes a "surviving divorced wife" as defined in section
    416(d)(2) of title 42 who for the month preceding the month in
    which the miner died, was receiving at least one-half of her
    support, as determined in accordance with regulations prescribed by
    the Secretary, from the miner, or was receiving substantial
    contributions from the miner (pursuant to a written agreement) or
    there was in effect a court order for substantial contributions to
    her support from the miner at the time of his death.

      (f)(1) The term "total disability" has the meaning given it by
    regulations of the Secretary of Health and Human Services, which
    were in effect on November 2, 2002, for claims under part B of this
    subchapter, and by regulations of the Secretary of Labor for claims
    under part C of this subchapter, subject to the relevant provisions
    of subsections (b) and (d) of section 923 of this title, except
    that - 
        (A) in the case of a living miner, such regulations shall
      provide that a miner shall be considered totally disabled when
      pneumoconiosis prevents him or her from engaging in gainful
      employment requiring the skills and abilities comparable to those
      of any employment in a mine or mines in which he or she
      previously engaged with some regularity and over a substantial
      period of time;
        (B) such regulations shall provide that (i) a deceased miner's
      employment in a mine at the time of death shall not be used as
      conclusive evidence that the miner was not totally disabled; and
      (ii) in the case of a living miner, if there are changed
      circumstances of employment indicative of reduced ability to
      perform his or her usual coal mine work, such miner's employment
      in a mine shall not be used as conclusive evidence that the miner
      is not totally disabled;
        (C) such regulations shall not provide more restrictive
      criteria than those applicable under section 423(d) of title 42;
      and
        (D) the Secretary of Labor, in consultation with the Director
      of the National Institute for Occupational Safety and Health,
      shall establish criteria for all appropriate medical tests under
      this subsection which accurately reflect total disability in coal
      miners as defined in subparagraph (A).

      (2) Criteria applied by the Secretary of Labor in the case of - 
        (A) any claim arising under part B of this subchapter or
      subject to a determination by the Secretary of Labor under
      section 945(a) (!1) of this title;
        (B) any claim which is subject to review by the Secretary of
      Labor under section 945(b) (!1) of this title; and
        (C) any claim filed on or before the effective date of
      regulations promulgated under this subsection by the Secretary of
      Labor;

    shall not be more restrictive than the criteria applicable to a
    claim filed on June 30, 1973, whether or not the final disposition
    of any such claim occurs after the date of such promulgation of
    regulations by the Secretary of Labor.
      (g) The term "child" means a child or a step-child who is - 
        (1) unmarried; and
        (2)(A) under eighteen years of age, or
        (B)(i) under a disability as defined in section 423(d) of title
      42,
        (ii) which began before the age specified in section
      402(d)(1)(B)(ii) of title 42, or, in the case of a student,
      before he ceased to be a student; or
        (C) a student.

    The term "student" means a "full-time student" as defined in
    section 402(d)(7) of title 42, or a "student" as defined in section
    8101(17) of title 5. The determination of an individual's status as
    the "child" of the miner or widow, as the case may be, shall be
    made in accordance with section 416(h)(2) or (3) of title 42 as if
    such miner or widow were the "insured individual" referred to
    therein.
      (h) The term "fund" means the Black Lung Disability Trust Fund
    established by section 9501 of title 26.
      (i) For the purposes of subsections (c) and (j) of section 932 of
    this title, and for the purposes of paragraph (7) of subsection (d)
    of section 9501 of title 26, the term "claim denied" means a claim -
     
        (1) for benefits under part B of this subchapter that was
      denied by the official responsible for administration of such
      part; or
        (2) in which (A) the claimant was notified by the Department of
      Labor of an administrative or informal denial more than 1 year
      prior to March 1, 1978, and did not, within 1 year from the date
      of notification of such denial, request a hearing, present
      additional evidence or indicate an intention to present
      additional evidence, or (B) the claim was denied under the law in
      effect prior to March 1, 1978, following a formal hearing or
      administrative or judicial review proceeding.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 402, Dec. 30, 1969, 83 Stat. 792;
    Pub. L. 92-303, Secs. 1(c)(2)-(4), 3(b), 4(a), May 19, 1972, 86
    Stat. 151-153; Pub. L. 95-239, Sec. 2, Mar. 1, 1978, 92 Stat. 95;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
    Pub. L. 97-119, title I, Sec. 104(b)(1), title II, Sec. 205(b),
    Dec. 29, 1981, 95 Stat. 1639, 1645; Pub. L. 99-514, Sec. 2, Oct.
    22, 1986, 100 Stat. 2095; Pub. L. 103-296, title I, Sec. 108(i)(1),
    Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107-275, Sec. 2(b)(1), Nov.
    2, 2002, 116 Stat. 1925.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 416(c)(1), (2), (3), (4), or (5) of title 42, referred to
    in subsec. (e), was redesignated section 416(c)(1)(A), (B), (C),
    (D), and (E) by Pub. L. 108-203, title IV, Sec. 414(a)(2), (4),
    Mar. 2, 2004, 118 Stat. 529.
      Section 945 of this title, referred to in subsec. (f)(2)(A), (B),
    was repealed by Pub. L. 107-275, Sec. 2(c)(1), Nov. 2, 2002, 116
    Stat. 1926.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c). Pub. L. 107-275, Sec. 2(b)(1)(A), substituted
    ", except where expressly otherwise provided," for "where used in
    part C".
      Subsec. (f)(1). Pub. L. 107-275, Sec. 2(b)(1)(B), inserted ",
    which were in effect on November 2, 2002," after "Secretary of
    Health and Human Services".
      Subsec. (f)(2)(A). Pub. L. 107-275, Sec. 2(b)(1)(C)(ii), struck
    out comma after "Secretary of Labor".
      Pub. L. 107-275, Sec. 2(b)(1)(C)(i), substituted "arising under
    part B of this subchapter" for "which is subject to review by the
    Secretary of Health and Human Services,".
      Subsec. (i)(1). Pub. L. 107-275, Sec. 2(b)(1)(D), amended par.
    (1) generally. Prior to amendment, par. (1) read as follows:
    "denied by the Social Security Administration; or".
      1994 - Subsec. (c). Pub. L. 103-296 substituted "where used in
    part C means the Secretary of Labor" for "where used in part B
    means the Secretary of Health, Education, and Welfare, and where
    used in part C means the Secretary of Labor".
      1986 - Subsecs. (h), (i). 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. (h). Pub. L. 97-119, Sec. 104(b)(1), substituted
    "by section 9501 of title 26" for "in section 934a(a)(1) of this
    title".
      Subsec. (i). Pub. L. 97-119, Sec. 205(b), added subsec. (i).
      1978 - Subsec. (b). Pub. L. 95-239, Sec. 2(a), substituted "a
    chronic dust disease of the lung and its sequelae, including
    respiratory and pulmonary impairments, arising out of coal mine
    employment" for "a chronic dust disease of the lung arising out of
    employment in a coal mine".
      Subsec. (d). Pub. L. 95-239, Sec. 2(b), substituted "any
    individual who works or has worked in or around a coal mine or coal
    preparation facility in the extraction or preparation of coal" for
    "any individual who is or was employed in a coal mine" and inserted
    provisions that extended to definition of the term "miner" so as to
    include also an individual who works or has worked in coal mine
    construction or transportation in or around a coal mine, to the
    extent that such individual was exposed to coal dust as a result of
    such employment.
      Subsec. (f). Pub. L. 95-239, Sec. 2(c), designated existing
    provisions as pars. (1)(A) and (1)(C), inserted references in the
    provisions preceding par. (1)(A) to regulations promulgated by the
    Secretary of Labor for claims under part C of this subchapter and
    to the relevant provisions of subsecs. (b) and (d) of section 923
    of this title, and added pars. (1)(B), (1)(D), and (2).
      Subsec. (h). Pub. L. 95-239, Sec. 2(d), added subsec. (h).
      1972 - Subsec. (a). Pub. L. 92-303, Sec. 1(c)(2), expanded
    definition of "dependent" to include children and wife without
    reference to section 8110 of title 5.
      Subsecs. (b), (d). Pub. L. 92-303, Sec. 3(b), substituted "a coal
    mine" for "an underground coal mine".
      Subsec. (e). Pub. L. 92-303, Sec. 1(c)(3), expanded definition of
    "widow" by reference to title 42 and provided procedure for the
    determination of the status.
      Subsec. (f). Pub. L. 92-303, Sec. 4(a), expanded definition of
    "total disability" to include a miner prevented from engaging in
    gainful employment by pneumoconiosis.
      Subsec. (g). Pub. L. 92-303, Sec. 1(c)(4), added subsec. (g).

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (f)
    pursuant to section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-275, Sec. 4, Nov. 2, 2002, 116 Stat. 1928, provided
    that: "This Act [amending this section and sections 921 to 924,
    925, 932a, and 936 of this title, repealing sections 904, 924a, and
    945 of this title, and enacting provisions set out as notes under
    sections 801 and 921 of this title], and the amendments made by
    this Act, shall take effect 90 days after the date of enactment of
    this Act [Nov. 2, 2002]."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by section 205(b) of Pub. L. 97-119 effective Jan. 1,
    1982, except as otherwise provided, see section 206(a) of Pub. L.
    97-119, set out as a note under section 901 of this title.

                     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 section 3(b) of 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.
      Amendment by section 4(a) of Pub. L. 92-303 effective Dec. 30,
    1969, see section 4(g) of Pub. L. 92-303, set out as a note under
    section 921 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 903                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part A - General Provisions

-HEAD-
    Sec. 903. Field offices

-STATUTE-
      (a) The Secretary of Labor shall establish and operate such field
    offices as may be necessary to assist miners and survivors of
    miners in the filing and processing of claims under this
    subchapter. Such field offices shall, to the extent feasible, be
    reasonably accessible to such miners and survivors. The Secretary,
    in connection with the establishment and operation of field
    offices, may enter into arrangements with other Federal departments
    and agencies, and with State agencies, for the use of existing
    facilities operated by such departments and agencies. Where the
    establishment of separate facilities is not feasible the Secretary
    may enter into such arrangements as he deems necessary with the
    heads of Federal departments, agencies, and instrumentalities and
    with State agencies for the use of existing facilities and
    personnel under their control.
      (b) There are authorized to be appropriated for the purposes of
    subsection (a) of this section such sums as may be necessary.

-SOURCE-
    (Pub. L. 95-239, Sec. 18, Mar. 1, 1978, 92 Stat. 105.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Black Lung Benefits Reform Act
    of 1977, and not as part of the Federal Mine Safety and Health Act
    of 1977 which comprises this chapter or the Black Lung Benefits Act
    which comprises this subchapter.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95-
    239, set out as an Effective Date of 1978 Amendment note under
    section 901 of this title.

-End-



-CITE-
    30 USC Sec. 904                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part A - General Provisions

-HEAD-
    Sec. 904. Repealed.

-MISC1-
    Sec. 904. Repealed. Pub. L. 107-275, Sec. 2(c)(2), Nov. 2, 2002,
      116 Stat. 1926.
      Section, Pub. L. 95-239, Sec. 19, Mar. 1, 1978, 92 Stat. 106,
    related to providing information to potential beneficiaries of
    changes made by Black Lung Benefits Reform Act of 1977.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 90 days after Nov. 2, 2002, see section 4 of
    Pub. L. 107-275, set out as an Effective Date of 2002 Amendment
    note under section 902 of this title.

-End-


-CITE-
    30 USC Part B - Claims for Benefits Filed on or Before
                     December 31, 1973                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
     PART B - CLAIMS FOR BENEFITS FILED ON OR BEFORE DECEMBER 31, 1973 

-End-



-CITE-
    30 USC Sec. 921                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
    Sec. 921. Regulations and presumptions

-STATUTE-
    (a) Promulgation; payment of benefits
      The Secretary shall, in accordance with the provisions of this
    part, and the regulations promulgated by him under this part, make
    payments of benefits in respect of total disability of any miner
    due to pneumoconiosis, and in respect of the death of any miner
    whose death was due to pneumoconiosis or, except with respect to a
    claim filed under part C of this subchapter on or after the
    effective date of the Black Lung Benefits Amendments of 1981, who
    at the time of his death was totally disabled by pneumoconiosis.
    (b) Promulgation of standards determining total disability
      The Secretary shall by regulation prescribe standards for
    determining for purposes of subsection (a) of this section whether
    a miner is totally disabled due to pneumoconiosis and for
    determining whether the death of a miner was due to pneumoconiosis.
    Regulations required by this subsection shall be promulgated and
    published in the Federal Register at the earliest practicable date
    after December 30, 1969, and in no event later than the end of the
    third month following December 1969. Final regulations required for
    implementation of any amendments to this subchapter shall be
    promulgated and published in the Federal Register at the earliest
    practicable date after the date of enactment of such amendments,
    and in no event later than the end of the fourth month following
    the month in which such amendments are enacted. Such regulations
    may be modified or additional regulations promulgated from time to
    time thereafter.
    (c) Presumptions
      For purposes of this section - 
        (1) If a miner who is suffering or suffered from pneumoconiosis
      was employed for ten years or more in one or more coal mines
      there shall be a rebuttable presumption that his pneumoconiosis
      arose out of such employment.
        (2) If a deceased miner was employed for ten years or more in
      one or more coal mines and died from a respirable disease there
      shall be a rebuttable presumption that his death was due to
      pneumoconiosis. The provisions of this paragraph shall not apply
      with respect to claims filed on or after the effective date of
      the Black Lung Benefits Amendments of 1981.
        (3) If a miner is suffering or suffered from a chronic dust
      disease of the lung which (A) when diagnosed by chest
      roentgenogram, yields one or more large opacities (greater than
      one centimeter in diameter) and would be classified in category
      A, B, or C in the International Classification of Radiographs of
      the Pneumoconioses by the International Labor Organization, (B)
      when diagnosed by biopsy or autopsy, yields massive lesions in
      the lung, or (C) when diagnosis is made by other means, would be
      a condition which could reasonably be expected to yield results
      described in clause (A) or (B) if diagnosis had been made in the
      manner prescribed in clause (A) or (B), then there shall be an
      irrebuttable presumption that he is totally disabled due to
      pneumoconiosis or that his death was due to pneumoconiosis, or
      that at the time of his death he was totally disabled by
      pneumoconiosis.(!1) as the case may be.

        (4) if (!2) a miner was employed for fifteen years or more in
      one or more underground coal mines, and if there is a chest
      roentgenogram submitted in connection with such miner's, his
      widow's, his child's, his parent's, his brother's, his sister's,
      or his dependent's claim under this subchapter and it is
      interpreted as negative with respect to the requirements of
      paragraph (3) of this subsection, and if other evidence
      demonstrates the existence of a totally disabling respiratory or
      pulmonary impairment, then there shall be a rebuttable
      presumption that such miner is totally disabled due to
      pneumoconiosis, that his death was due to pneumoconiosis, or that
      at the time of his death he was totally disabled by
      pneumoconiosis. In the case of a living miner, a wife's affidavit
      may not be used by itself to establish the presumption. The
      Secretary shall not apply all or a portion of the requirement of
      this paragraph that the miner work in an underground mine where
      he determines that conditions of a miner's employment in a coal
      mine other than an underground mine were substantially similar to
      conditions in an underground mine. The Secretary may rebut such
      presumption only by establishing that (A) such miner does not, or
      did not, have pneumoconiosis, or that (B) his respiratory or
      pulmonary impairment did not arise out of, or in connection with,
      employment in a coal mine. The provisions of this paragraph shall
      not apply with respect to claims filed on or after the effective
      date of the Black Lung Benefits Amendments of 1981.

        (5) In the case of a miner who dies on or before March 1, 1978,
      who was employed for 25 years or more in one or more coal mines
      before June 30, 1971, the eligible survivors of such miner shall
      be entitled to the payment of benefits, at the rate applicable
      under section 922(a)(2) of this title, unless it is established
      that at the time of his or her death such miner was not partially
      or totally disabled due to pneumoconiosis. Eligible survivors
      shall, upon request by the Secretary, furnish such evidence as is
      available with respect to the health of the miner at the time of
      his or her death. The provisions of this paragraph shall not
      apply with respect to claims filed on or after the day that is
      180 days after the effective date of the Black Lung Benefits
      Amendments of 1981.
    (d) Applicability of presumptions
      Nothing in subsection (c) of this section shall be deemed to
    affect the applicability of subsection (a) of this section in the
    case of a claim where the presumptions provided for therein are
    inapplicable.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 411, Dec. 30, 1969, 83 Stat. 793;
    Pub. L. 92-303, Secs. 3(a), 4(b)(1), (3), (c), (d), May 19, 1972,
    86 Stat. 153, 154; Pub. L. 95-239, Sec. 3(a), Mar. 1, 1978, 92
    Stat. 96; Pub. L. 97-119, title II, Secs. 202(b), 203(a)(5), Dec.
    29, 1981, 95 Stat. 1643, 1644; Pub. L. 103-296, title I, Sec.
    108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107-275, Sec.
    2(a), Nov. 2, 2002, 116 Stat. 1925.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of the Black Lung Benefits Amendments of 1981,
    referred to in subsecs. (a) and (c)(2), (4), (5), is Jan. 1, 1982,
    except as otherwise provided. See section 206(a) of Pub. L. 97-119,
    set out as an Effective Date of 1981 Amendment note under section
    901 of this title.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsecs. (a), (b), (c)(4), (5). Pub. L. 107-275
    substituted "Secretary" for "Commissioner of Social Security"
    wherever appearing.
      1994 - Subsecs. (a), (b), (c)(4), (5). Pub. L. 103-296
    substituted "Commissioner of Social Security" for "Secretary"
    wherever appearing.
      1981 - Subsec. (a). Pub. L. 97-119, Sec. 203(a)(5), inserted ",
    except with respect to a claim filed under part C of this
    subchapter on or after the effective date of the Black Lung
    Benefits Amendments of 1981," after "pneumoconiosis or".
      Subsec. (c)(2), (4). Pub. L. 97-119, Sec. 202(b)(1), inserted
    provision that this paragraph not apply with respect to claims
    filed on or after the effective date of the Black Lung Benefits
    Amendments of 1981.
      Subsec. (c)(5). Pub. L. 97-119, Sec. 202(b)(2), inserted
    provision that this paragraph not apply with respect to claims
    filed on or after the day that is 180 days after the effective date
    of the Black Lung Benefits Amendments of 1981.
      1978 - Subsec. (c). Pub. L. 95-239 capitalized and repunctuated
    the existing paragraphs to change their construction from that of
    uncapitalized clauses to complete sentences, and added par. (5).
      1972 - Subsec. (a). Pub. L. 92-303, Sec. 4(b)(1), substituted
    "pneumoconiosis or who at the time of his death was totally
    disabled by pneumoconiosis" for "pneumoconiosis".
      Subsec. (b). Pub. L. 92-303, Sec. 4(d), inserted provision for
    the promulgation and publication in the Federal Register of final
    regulations and their amendments and for time limits for
    publication.
      Subsec. (c)(1), (2). Pub. L. 92-303, Sec. 3(a), substituted "coal
    mines" for "underground coal mines".
      Subsec. (c)(3). Pub. L. 92-303, Sec. 4(b)(3), inserted
    presumption that at the time of death the miner was totally
    disabled by pneumoconiosis.
      Subsec. (c)(4). Pub. L. 92-303, Sec. 4(c), added par. (4).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-119 effective Jan. 1, 1982, except as
    otherwise provided, see section 206(a) of Pub. L. 97-119, set out
    as a note under section 901 of this title.

                     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 section 3(a) of 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.
      Section 4(g) of Pub. L. 92-303 provided that: "The amendments
    made by this section [amending this section and sections 901, 902,
    923, and 931 of this title] shall be effective as of December 30,
    1969."

                          TRANSITIONAL PROVISIONS                      
      Pub. L. 107-275, Sec. 3, Nov. 2, 2002, 116 Stat. 1926, provided
    that:
      "(a) Applicability. - This section shall apply to the transfer of
    all functions relating to the administration of part B of
    subchapter IV (30 U.S.C. 901 et seq.) [probably means 30 U.S.C. 921
    et seq.] from the Commissioner of Social Security (hereinafter in
    this section referred to as the 'Commissioner') to the Secretary of
    Labor, as provided by this Act [see Short Title of 2002 Amendment
    note set out under section 801 of this title].
      "(b) Transfer of Assets, Liabilities, etc. - 
        "(1) The Commissioner shall transfer to the Secretary of Labor
      all property and records that the Director of the Office of
      Management and Budget determines relate to the functions
      transferred to the Secretary of Labor by this Act or amendments
      made by this Act.
        "(2) Section 1531 of title 31, United States Code, shall apply
      in carrying out this Act and amendments made by this Act, except
      that, for purposes of carrying out this Act and amendments made
      by this Act, the functions of the President under section 1531(b)
      shall be performed by the Director of the Office of Management
      and Budget unless otherwise directed by the President.
      "(c) Continuation of Orders, Determinations, etc. - 
        "(1) This Act shall not affect the validity of any order,
      determination, rule, regulation, operating procedure (to the
      extent applicable to the Secretary of Labor), or contract that - 
          "(A) relates to a function transferred by this Act; and
          "(B) is in effect on the date this Act takes effect [see
        Effective Date of 2002 Amendment note set out under section 902
        of this title].
        "(2) Any order, determination, rule, regulation, operating
      procedure, or contract described in paragraph (1) shall - 
          "(A) apply on and after the effective date of this Act to the
        Secretary of Labor; and
          "(B) continue in effect, according to its terms, until it is
        modified, superseded, terminated, or otherwise deprived of
        legal effect by the Secretary of Labor, a court of competent
        jurisdiction, or operation of law.
      "(d) Continuation of Administrative Proceedings. - 
        "(1) Any proceeding before the Commissioner involving the
      functions transferred by this Act that is pending on the date
      this Act takes effect shall continue before the Secretary of
      Labor, except as provided in paragraph (2).
        "(2) Any proceeding pending before an Administrative Law Judge
      or the Appeals Council pursuant to part B and the applicable
      regulations of the Secretary of Health and Human Services shall
      continue before the Commissioner consistent with the following
      provisions:
          "(A) Any proceeding described in this paragraph shall
        continue as if this Act had not been enacted, and shall include
        all rights to hearing, administrative review, and judicial
        review available under part B and the applicable regulations of
        the Secretary of Health and Human Services.
          "(B) Any decision, order, or other determination issued in
        any proceeding described in this subsection shall apply to the
        Secretary of Labor and continue in effect, according to its
        terms, until it is modified, superseded, terminated, or
        otherwise deprived of legal effect by the Secretary of Labor, a
        court of competent jurisdiction, or operation of law.
          "(C) Nothing in this paragraph shall be deemed to prohibit
        the discontinuance or modification of any such proceeding under
        the same terms and conditions and to the same extent that such
        proceeding could have been discontinued or modified if this Act
        had not been enacted.
        "(3) Any proceeding before the Secretary of Labor involving the
      functions transferred by this Act shall be subject to the
      statutory requirements for notice, hearing, action upon the
      record, administrative review, and judicial review that apply to
      similar proceedings before the Commissioner conducted prior to
      the enactment of this Act.
      "(e) Continuation of Actions and Causes of Action. - 
        "(1) Except as provided in paragraphs (2) and (3), this Act
      shall not abrogate, terminate, or otherwise affect any action or
      cause of action, that - 
          "(A) relates to a function transferred by this Act; and
          "(B) is pending or otherwise in existence on the date this
        Act takes effect [see Effective Date of 2002 Amendment note set
        out under section 902 of this title].
        "(2) Any action pending before the Commissioner or any court on
      the date this Act takes effect that involves a function
      transferred by this Act shall continue before the Commissioner or
      court consistent with the following provisions:
          "(A) Any proceeding described in this paragraph shall
        continue as if this Act had not been enacted.
          "(B) Any decision, order, or other determination issued in
        any proceeding subject to this paragraph shall apply to the
        Secretary of Labor and continue in effect, according to its
        terms, until it is modified, superseded, terminated, or
        otherwise deprived of legal effect by the Secretary of Labor, a
        court of competent jurisdiction, or operation of law.
        "(3) Any cause of action by or against the Commissioner that
      exists on the date this Act takes effect and involves any
      function transferred by this Act may be asserted by or against
      the Secretary of Labor or the United States.
      "(f) Continuation of Actions Against Officers. - No suit, action,
    or other proceeding commenced by or against any officer in his
    official capacity as an officer of the Social Security
    Administration, and relating to a function transferred by this Act,
    shall abate by reason of the enactment of this Act. No cause of
    action by or against the Social Security Administration, or by or
    against any officer thereof in his official capacity, relating to a
    function transferred by this Act, shall abate by reason of
    enactment of this Act.
      "(g) Preservation of Penalties, etc. - The transfer of functions
    under this Act shall not release or extinguish any penalty,
    forfeiture, liability, prosecution, investigation, or right to
    initiate a future investigation or prosecution involving any
    function transferred by this Act."

-FOOTNOTE-
    (!1) So in original. The period probably should be a comma.

    (!2) So in original. Probably should be capitalized.


-End-



-CITE-
    30 USC Sec. 922                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
    Sec. 922. Payment of benefits

-STATUTE-
    (a) Schedules
      Subject to the provisions of subsection (b) of this section,
    benefit payments shall be made by the Secretary under this part as
    follows:
      (1) In the case of total disability of a miner due to
    pneumoconiosis, the disabled miner shall be paid benefits during
    the disability at a rate equal to 37 1/2  per centum of the monthly
    pay rate for Federal employees in grade GS-2, step 1.
      (2) In the case of death of a miner due to pneumoconiosis or,
    except with respect to a claim filed under part C of this
    subchapter on or after the effective date of the Black Lung
    Benefits Amendments of 1981, of a miner receiving benefits under
    this part, benefits shall be paid to his widow (if any) at the rate
    the deceased miner would receive such benefits if he were totally
    disabled.
      (3) In the case of the child or children of a miner whose death
    is due to pneumoconiosis or, except with respect to a claim filed
    under part C of this subchapter on or after the effective date of
    the Black Lung Benefits Amendments of 1981, of a miner who is
    receiving benefits under this part at the time of his death or who
    was totally disabled by pneumoconiosis at the time of his death, in
    the case of the child or children of a widow who is receiving
    benefits under this part at the time of her death, and in the case
    of any child or children entitled to the payment of benefits under
    paragraph (5) of section 921(c) of this title, benefits shall be
    paid to such child or children as follows: If there is one such
    child, he shall be paid benefits at the rate specified in paragraph
    (1). If there is more than one such child, the benefits paid shall
    be divided equally among them and shall be paid at a rate equal to
    the rate specified in paragraph (1), increased by 50 per centum of
    such rate if there are two such children, by 75 per centum of such
    rate if there are three such children, and by 100 per centum of
    such rate if there are more than three such children: Provided,
    That benefits shall only be paid to a child for so long as he meets
    the criteria for the term "child" contained in section 902(g) of
    this title: And provided further, That no entitlement to benefits
    as a child shall be established under this paragraph (3) for any
    month for which entitlement to benefits as a widow is established
    under paragraph (2).
      (4) In the case of an individual entitled to benefit payments
    under clause (1) or (2) of this subsection who has one or more
    dependents, the benefit payments shall be increased at the rate of
    50 per centum of such benefit payments, if such individual has one
    dependent, 75 per centum if such individual has two dependents, and
    100 per centum if such individual has three or more dependents.
      (5) In the case of the dependent parent or parents of a miner
    whose death is due to pneumoconiosis, or, except with respect to a
    claim filed under part C of this subchapter on or after the
    effective date of the Black Lung Benefits Amendments of 1981, of a
    miner who is receiving benefits under this part at the time of his
    death or who was totally disabled by pneumoconiosis at the time of
    death, and who is not survived at the time of his death by a widow
    or a child, in the case of the dependent surviving brother(s) or
    sister(s) of such a miner who is not survived at the time of his
    death by a widow, child, or parent, in the case of the dependent
    parent or parents of a miner (who is not survived at the time of
    his or her death by a widow or a child) who are entitled to the
    payment of benefits under paragraph (5) of section 921(c) of this
    title, or in the case of the dependent surviving brother(s) or
    sister(s) of a miner (who is not survived at the time of his or her
    death by a widow, child, or parent) who are entitled to the payment
    of benefits under paragraph (5) of section 921(c) of this title,
    benefits shall be paid under this part to such parent(s), or to
    such brother(s), or sister(s), at the rate specified in paragraph
    (3) (as if such parent(s) or such brother(s) or sister(s), were the
    children of such miner). In determining for purposes of this
    paragraph whether a claimant bears the relationship as the miner's
    parent, brother, or sister, the Secretary shall apply legal
    standards consistent with those applicable to relationship
    determination under title II of the Social Security Act [42 U.S.C.
    401 et seq.]. No benefits to a sister or brother shall be payable
    under this paragraph for any month beginning with the month in
    which he or she receives support from his or her spouse, or
    marries. Benefits shall be payable under this paragraph to a
    brother only if he is - 
        (1)(A) under eighteen years of age, or
        (B) under a disability as defined in section 223(d) of the
      Social Security Act [42 U.S.C. 423(d)] which began before the age
      specified in section 202(d)(1)(B)(ii) of such Act [42 U.S.C.
      402(d)(1)(B)(ii)], or in the case of a student, before he ceased
      to be a student, or
        (C) a student as defined in section 902(g) of this title; or
        (2) who is, at the time of the miner's death, disabled as
      determined in accordance with section 223(d) of the Social
      Security Act [42 U.S.C. 423(d)], during such disability. Any
      benefit under this paragraph for a month prior to the month in
      which a claim for such benefit is filed shall be reduced to any
      extent that may be necessary, so that it will not render
      erroneous any benefit which, before the filing of such claim, the
      Secretary has certified for payment for such prior months. As
      used in this paragraph, "dependent" means that during the one
      year period prior to and ending with such miner's death, such
      parent, brother, or sister was living in the miner's household,
      and was, during such period, totally dependent on the miner for
      support. Proof of such support shall be filed by such claimant
      within two years after May 1972, or within two years after the
      miner's death, whichever is the later. Any such proof which is
      filed after the expiration of such period shall be deemed to have
      been filed within such period if it is shown to the satisfaction
      of the Secretary that there was good cause for failure to file
      such proof within such period. The determination of what
      constitutes "living in the miner's household", "totally dependent
      upon the miner for support," and "good cause," shall for purposes
      of this paragraph be made in accordance with regulations of the
      Secretary. Benefit payments under this paragraph to a parent,
      brother, or sister, shall be reduced by the amount by which such
      payments would be reduced on account of excess earnings of such
      parent, brother, or sister, respectively, under section 203(b)-
      (l) of the Social Security Act [42 U.S.C. 403(b)-(l)], as if the
      benefit under this paragraph were a benefit under section 202 of
      such Act [42 U.S.C. 402].

      (6) If an individual's benefits would be increased under
    paragraph (4) of this subsection because he or she has one or more
    dependents, and it appears to the Secretary that it would be in the
    interest of any such dependent to have the amount of such increase
    in benefits (to the extent attributable to such dependent)
    certified to a person other than such individual, then the
    Secretary may, under regulations prescribed by him, certify the
    amount of such increase in benefits (to the extent so attributable)
    not to such individual but directly to such dependent or to another
    person for the use and benefit of such dependent; and any payment
    made under this clause, if otherwise valid under this subchapter,
    shall be a complete settlement and satisfaction of all claims,
    rights, and interests in and to such payment.
    (b) Reduction of benefits
      Notwithstanding subsection (a) of this section, benefit payments
    under this section to a miner or his widow, child, parent, brother,
    or sister shall be reduced, on a monthly or other appropriate
    basis, by an amount equal to any payment received by such miner or
    his widow, child, parent, brother, or sister under the workmen's
    compensation, unemployment compensation, or disability insurance
    laws of his State on account of the disability of such miner due to
    pneumoconiosis, and the amount by which such payment would be
    reduced on account of excess earnings of such miner under section
    203(b) through (l) of the Social Security Act [42 U.S.C. 403(b) to
    (l)] if the amount paid were a benefit payable under section 202 of
    such Act [42 U.S.C. 402]. This part shall not be considered a
    workmen's compensation law or plan for purposes of section 224 of
    such Act [42 U.S.C. 424a].
    (c) Reporting of income
      Benefits payable under this part shall be deemed not to be income
    for purposes of the Internal Revenue Code of 1986.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 412, Dec. 30, 1969, 83 Stat. 794;
    Pub. L. 92-303, Secs. 1(b)(1), (2), (c)(1), 2(a), May 19, 1972, 86
    Stat. 150, 151, 153; Pub. L. 95-239, Secs. 3(b)(1), 4, Mar. 1,
    1978, 92 Stat. 96, 97; Pub. L. 97-119, title II, Sec. 203(a)(1)-
    (3), (d), Dec. 29, 1981, 95 Stat. 1643, 1644; Pub. L. 99-514, Sec.
    2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-296, title I, Sec.
    108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107-275, Sec.
    2(a), Nov. 2, 2002, 116 Stat. 1925.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Grade GS-2, referred to in subsec. (a)(1), is contained in the
    General Schedule which is set out under section 5332 of Title 5,
    Government Organization and Employees.
      The effective date of the Black Lung Benefits Amendments of 1981,
    referred to in subsec. (a)(2), (3), and (5), is Jan. 1, 1982,
    except as otherwise provided. See section 206(a) of Pub. L. 97-119,
    set out as an Effective Date of 1981 Amendment note under section
    901 of this title.
      The Social Security Act, referred to in subsec. (a)(5), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of that
    Act is classified generally to subchapter II (Sec. 401 et seq.) of
    chapter 7 of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see section 1305 of Title
    42 and Tables.
      The Internal Revenue Code of 1986, referred to in subsec. (c), is
    classified to Title 26, Internal Revenue Code.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-275 substituted "Secretary" for
    "Commissioner of Social Security" wherever appearing.
      1994 - Subsec. (a). Pub. L. 103-296 substituted "Commissioner of
    Social Security" for "Secretary" wherever appearing.
      1986 - Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954".
      1981 - Subsec. (a)(1). Pub. L. 97-119, Sec. 203(d), substituted
    "37 1/2  per centum of the monthly pay rate for Federal employees
    in grade GS-2, step 1" for "50 per centum of the minimum monthly
    payment to which a Federal employee in grade GS-2, who is totally
    disabled, is entitled at the time of payment under chapter 81 of
    title 5".
      Subsec. (a)(2). Pub. L. 97-119, Sec. 203(a)(1), inserted ",
    except with respect to a claim filed under part C of this
    subchapter on or after the effective date of the Black Lung
    Amendments of 1981," after "pneumoconiosis or".
      Subsec. (a)(3). Pub. L. 97-119, Sec. 203(a)(2), inserted ",
    except with respect to a claim filed under part C of this
    subchapter on or after the effective date of the Black Lung
    Benefits Amendments of 1981," after "pneumoconiosis or" and
    substituted "time of his death or" for "time of his death, or".
      Subsec. (a)(5). Pub. L. 97-119, Sec. 203(a)(3), inserted ",
    except with respect to a claim filed under part C of this
    subchapter on or after the effective date of the Black Lung
    Benefits Amendments of 1981," after "pneumoconiosis, or" and
    substituted "time of his death or who was totally" for "time of his
    death, or of a miner who was totally".
      1978 - Subsec. (a)(3). Pub. L. 95-239, Sec. 3(b)(1)(A), inserted
    reference to any child or children entitled to the payment of
    benefits under paragraph (5) of section 921(c) of this title.
      Subsec. (a)(5). Pub. L. 95-239, Sec. 3(b)(1)(B), inserted
    references to the payment of benefits under par. (5) of section
    921(c) of this title.
      Subsec. (b). Pub. L. 95-239, Sec. 4, substituted "on account of
    the disability of such miner due to pneumoconiosis" for "on account
    of the disability of such miner".
      1972 - Subsec. (a)(3), (4). Pub. L. 92-303, Sec. 1(b)(1), added
    par. (3) and redesignated former par. (3) as par. (4).
      Subsec. (a)(5), (6). Pub. L. 92-303, Sec. 1(b)(2), added pars.
    (5) and (6).
      Subsec. (b). Pub. L. 92-303, Secs. 1(c)(1), 2(a), substituted
    "widow, child, parent, brother, or sister" for "widow" wherever
    appearing, and inserted provision that this part would not be
    considered as a workmen's compensation law or plan for purposes of
    section 224 of such Act.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-119 effective Jan. 1, 1982, except as
    otherwise provided, see section 206(a) of Pub. L. 97-119, set out
    as a note under section 901 of this title.

                     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                 
      Section 2(b) of Pub. L. 92-303 provided that: "The amendment made
    by this section [amending this section] shall be effective as of
    December 30, 1969."

                  CALCULATION OF MONTHLY BENEFIT PAYMENTS              
      Pub. L. 103-333, title V, Sec. 512, Sept. 30, 1994, 108 Stat.
    2573, provided that: "Notwithstanding any other provision of law,
    monthly benefit rates during fiscal year 1995 and thereafter under
    part B or part C of the Black Lung Benefits Act [30 U.S.C. 921 et
    seq., 931 et seq.] shall continue to be based on the benefit rates
    in effect in September, 1994 and be paid in accordance with the
    Act, until exceeded by the benefit rate specified in section
    412(a)(1) of the Act [30 U.S.C. 922(a)(1)]."
      Pub. L. 103-112, title V, Sec. 508(a), Oct. 21, 1993, 107 Stat.
    1113, provided that: "Notwithstanding any other provision of law,
    monthly benefit payments under part B or part C of the Black Lung
    Benefits Act [30 U.S.C. 921 et seq., 931 et seq.] for months after
    December 1993 and before October 1994 shall be calculated as though
    the provisions of Federal law prescribing pay rates for Federal
    employees continued in effect, without amendment to or limitation
    of such provisions, after January 1993."

-End-



-CITE-
    30 USC Sec. 923                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
    Sec. 923. Filing of notice of claim

-STATUTE-
    (a) Promulgation of regulations; time requirement
      Except as otherwise provided in section 924 of this title, no
    payment of benefits shall be made under this part except pursuant
    to a claim filed therefor on or before December 31, 1973, in such
    manner, in such form, and containing such information, as the
    Secretary shall by regulation prescribe.
    (b) Utilization of personnel and procedures; evidence required to
      establish claim; medical evidence; affidavits; autopsy reports;
      reimbursement of expenses
      No claim for benefits under this part shall be denied solely on
    the basis of the results of a chest roentgenogram. In determining
    the validity of claims under this part, all relevant evidence shall
    be considered, including, where relevant, medical tests such as
    blood gas studies, X-ray examination, electrocardiogram, pulmonary
    function studies, or physical performance tests, and any medical
    history, evidence submitted by the claimant's physician, or his
    wife's affidavits, and in the case of a deceased miner, other
    appropriate affidavits of persons with knowledge of the miner's
    physical condition, and other supportive materials. Where there is
    no medical or other relevant evidence in the case of a deceased
    miner, such affidavits, from persons not eligible for benefits in
    such case with respect to claims filed on or after the effective
    date of the Black Lung Benefits Amendments of 1981, shall be
    considered to be sufficient to establish that the miner was totally
    disabled due to pneumoconiosis or that his or her death was due to
    pneumoconiosis. In any case, other than that involving a claim
    filed on or after the effective date of the Black Lung Benefits
    Amendments of 1981, in which there is other evidence that a miner
    has a pulmonary or respiratory impairment, the Secretary shall
    accept a board certified or board eligible radiologist's
    interpretation of a chest roentgenogram which is of a quality
    sufficient to demonstrate the presence of pneumoconiosis submitted
    in support of a claim for benefits under this subchapter if such
    roentgenogram has been taken by a radiologist or qualified
    technician, except where the Secretary has reason to believe that
    the claim has been fraudulently represented. In order to insure
    that any such roentgenogram is of adequate quality to demonstrate
    the presence of pneumoconiosis, and in order to provide for uniform
    quality in the roentgenograms, the Secretary of Labor may, by
    regulation, establish specific requirements for the techniques used
    to take roentgenograms of the chest. Unless the Secretary has good
    cause to believe that an autopsy report is not accurate, or that
    the condition of the miner is being fraudulently misrepresented,
    the Secretary shall accept such autopsy report concerning the
    presence of pneumoconiosis and the stage of advancement of
    pneumoconiosis. Claimants under this part shall be reimbursed for
    reasonable medical expenses incurred by them in establishing their
    claims. For purposes of determining total disability under this
    part, the provisions of subsections (a), (b), (c), (d), and (g) of
    section 221 of such Act [42 U.S.C. 421(a) to (d), (g)] shall be
    applicable. The provisions of sections 204, 205(a), (b), (d), (e),
    (g), (h), (j), (k), (l), and (n), 206, 207, and 208 of the Social
    Security Act [42 U.S.C. 404, 405(a), (b), (d), (e), (g), (h), (j),
    (k), (l), and (n), 406, 407, 408] shall be applicable under this
    part with respect to a miner, widow, child, parent, brother,
    sister, or dependent, as if benefits under this part were benefits
    under title II of such Act [42 U.S.C. 401 et seq.]. Each miner who
    files a claim for benefits under this subchapter shall upon request
    be provided an opportunity to substantiate his or her claim by
    means of a complete pulmonary evaluation.
    (c) Filing of claim for workmen's compensation; necessity;
      exceptions
      No claim for benefits under this section shall be considered
    unless the claimant has also filed a claim under the applicable
    State workmen's compensation law prior to or at the same time his
    claim was filed for benefits under this section; except that the
    foregoing provisions of this paragraph shall not apply in any case
    in which the filing of a claim under such law would clearly be
    futile because the period within which such a claim may be filed
    thereunder has expired or because pneumoconiosis is not compensable
    under such law, or in any other situation in which, in the opinion
    of the Secretary, the filing of a claim would clearly be futile.
    (d) Employment termination and benefits entitlement
      No miner who is engaged in coal mine employment shall (except as
    provided in section 921(c)(3) of this title) be entitled to any
    benefits under this part while so employed. Any miner who has been
    determined to be eligible for benefits pursuant to a claim filed
    while such miner was engaged in coal mine employment shall be
    entitled to such benefits if his or her employment terminates
    within one year after the date such determination becomes final.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 413, Dec. 30, 1969, 83 Stat. 794;
    Pub. L. 92-303, Secs. 1(c)(5)(A), 4(f), 5(2), May 19, 1972, 86
    Stat. 152, 154, 155; Pub. L. 95-239, Sec. 5, Mar. 1, 1978, 92 Stat.
    97; Pub. L. 97-119, title II, Sec. 202(a), (c), Dec. 29, 1981, 95
    Stat. 1643; Pub. L. 103-296, title I, Sec. 108(i)(2), Aug. 15,
    1994, 108 Stat. 1488; Pub. L. 107-275, Sec. 2(a), (b)(2), Nov. 2,
    2002, 116 Stat. 1925.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of the Black Lung Benefits Amendments of 1981,
    referred to in subsec. (b), is Jan. 1, 1982, except as otherwise
    provided. See section 206(a) of Pub. L. 97-119, set out as an
    Effective Date of 1981 Amendment note under section 901 of this
    title.
      The Social Security Act, referred to in subsec. (b), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of this Act
    is classified generally to subchapter II (Sec. 401 et seq.) of
    chapter 7 of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see section 1305 of Title
    42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-275, Sec. 2(a), substituted
    "Secretary" for "Commissioner of Social Security".
      Subsec. (b). Pub. L. 107-275, Sec. 2(b)(2), substituted "No" for
    "In carrying out the provisions of this part, the Commissioner of
    Social Security shall to the maximum extent feasible (and
    consistent with the provisions of this part) utilize the personnel
    and procedures he uses in determining entitlement to disability
    insurance benefit payments under section 223 of the Social Security
    Act, but no".
      Pub. L. 107-275, Sec. 2(a), substituted "Secretary has" for
    "Commissioner of Social Security has" in two places and "Secretary
    shall" for "Commissioner of Social Security shall" in two places.
      Subsec. (c). Pub. L. 107-275, Sec. 2(a), substituted "Secretary"
    for "Commissioner of Social Security".
      1994 - Subsecs. (a) to (c). Pub. L. 103-296 substituted
    "Commissioner of Social Security" for "Secretary" wherever
    appearing, except in reference to Secretary of Labor.
      1981 - Subsec. (b). Pub. L. 97-119, Sec. 202(a), (c), inserted ",
    from persons not eligible for benefits in such case with respect to
    claims filed on or after the effective date of the Black Lung
    Benefits Amendments of 1981," after "such affidavits" and ", other
    than that involving a claim filed on or after the effective date of
    the Black Lung Benefits Amendments of 1981," after "In any case".
      1978 - Subsec. (b). Pub. L. 95-239, Sec. 5(a), (b), (c), provided
    that, in the case of a deceased miner where there is no medical or
    other relevant evidence, the affidavits be considered sufficient to
    establish that the miner was totally disabled due to pneumoconiosis
    or that death was due to pneumoconiosis, directed the Secretary to
    accept a board certified or board eligible radiologist's
    interpretation of a chest roentgenogram in cases in which there is
    other evidence that a miner has a pulmonary or respiratory
    impairment, provided for regulations covering roentgenogram
    techniques, provided for acceptance by the Secretary of an autopsy
    report concerning the presence of pneumoconiosis and the stage of
    advancement of that pneumoconiosis, directed that each miner who
    files a claim for benefits under this subchapter be provided upon
    request an opportunity to substantiate the claim by means of a
    complete pulmonary evaluation, and, in the reference to the various
    subsections of section 405 of Title 42, struck out reference to
    subsec. (f) and inserted reference to subsec. (n).
      Subsec. (d). Pub. L. 95-239, Sec. 5(d), added subsec. (d).
      1972 - Subsec. (a). Pub. L. 92-303, Sec. 5(2), substituted "1973"
    for "1972".
      Subsec. (b). Pub. L. 92-303, Secs. 1(c)(5)(A), 4(f), inserted
    provisions making sections 404 to 408 of title 42 applicable, and
    for a more liberal consideration of claims for benefits.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendments by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-119 effective Jan. 1, 1982, except as
    otherwise provided, see section 206(a) of Pub. L. 97-119, set out
    as a note under section 901 of this title.

                     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 section 4(f) of Pub. L. 92-303 effective Dec. 30,
    1969, see section 4(g) of Pub. L. 92-303, set out as a note under
    section 921 of this title.

       EFFECTIVE DATE FOR THE APPLICATION OF SECTION 405 OF TITLE 42   
      Section 1(c)(5)(B) of Pub. L. 92-303 provided that: "Only section
    205(b), (g), and (h) of those sections of the Social Security Act
    [section 405(b), (g), and (h) of Title 42, The Public Health and
    Welfare] recited in subparagraph (A) of this paragraph [amending
    this section] shall be effective as of the date provided in
    subsection (d) of this section."
      [There is no subsec. (d) in section 1 of Pub. L. 92-303 as it was
    enacted. However, Senate Report No. 92-743, at page 30, refers to
    such a subsec. (d) applying the provisions of section of Pub. L. 92-
    303 retroactively to Dec. 30, 1969.]

-End-



-CITE-
    30 USC Sec. 924                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
    Sec. 924. Time for filing claims

-STATUTE-
    (a) Claims filed before December 31, 1973
      (1) No claim for benefits under this part on account of total
    disability of a miner shall be considered unless it is filed on or
    before December 31, 1973, or, in the case of a claimant who is a
    widow, within six months after the death of her husband or by
    December 31, 1973, whichever is the later.
      (2) In the case of a claim by a child this paragraph shall apply,
    notwithstanding any other provision of this part.
      (A) If such claim is filed within six months following May 1972,
    and if entitlement to benefits is established pursuant to such
    claim, such entitlement shall be effective retroactively from
    December 30, 1969, or from the date such child would have been
    first eligible for such benefit payments had section 922(a)(3) of
    this title been applicable since December 30, 1969, whichever is
    the lesser period. If on the date such claim is filed the claimant
    is not eligible for benefit payments, but was eligible at any
    period of time during the period from December 30, 1969, to the
    date such claim is filed, entitlement shall be effective for the
    duration of eligibility during such period.
      (B) If such claim is filed after six months following May 1972,
    and if entitlement to benefits is established pursuant to such
    claim, such entitlement shall be effective retroactively from a
    date twelve months preceding the date such claim is filed, or from
    the date such child would have been first eligible for such benefit
    payments had section 922(a)(3) of this title been applicable since
    December 30, 1969, whichever is the lesser period. If on the date
    such claim is filed the claimant is not eligible for benefit
    payments, but was eligible at any period of time during the period
    from a date twelve months preceding the date such claim is filed,
    to the date such claim is filed, entitlement shall be effective for
    the duration of eligibility during such period.
      (C) No claim for benefits under this part, in the case of a
    claimant who is a child, shall be considered unless it is filed
    within six months after the death of his father or mother
    (whichever last occurred) or by December 31, 1973, whichever is the
    later.
      (D) Any benefit under subparagraph (A) or (B) for a month prior
    to the month in which a claim is filed shall be reduced, to any
    extent that may be necessary, so that it will not render erroneous
    any benefit which, before the filing of such claim, the Secretary
    has certified for payment for such prior month.
      (3) No claim for benefits under this part, in the case of a
    claimant who is a parent, brother, or sister shall be considered
    unless it is filed within six months after the death of the miner
    or by December 31, 1973, whichever is the later.
    (b) Filing of claims after June 30, 1973
      No benefits shall be paid under this part after December 31,
    1973, if the claim therefor was filed after June 30, 1973.
    (c) Effective date of claims
      No benefits under this part shall be payable for any period prior
    to the date a claim therefor is filed.
    (d) Reduction of State benefits
      No benefits shall be paid under this part to the residents of any
    State which, after December 30, 1969, reduces the benefits payable
    to persons eligible to receive benefits under this part, under its
    State laws which are applicable to its general work force with
    regard to workmen's compensation, unemployment compensation, or
    disability insurance.
    (e) Conditions upon payment
      No benefits shall be payable to a widow, child, parent, brother,
    or sister under this part on account of the death of a miner unless
    (1) benefits under this part were being paid to such miner with
    respect to disability due to pneumoconiosis prior to his death, (2)
    the death of such miner occurred prior to January 1, 1974, or (3)
    any such individual is entitled to benefits under paragraph (5) of
    section 921(c) of this title.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 414, Dec. 30, 1969, 83 Stat. 795;
    Pub. L. 92-303, Secs. 1(c)(1), (6), 5(1)-(3), May 19, 1972, 86
    Stat. 151, 152, 155; Pub. L. 95-239, Sec. 3(b)(2), Mar. 1, 1978, 92
    Stat. 97; Pub. L. 103-296, title I, Sec. 108(i)(2), Aug. 15, 1994,
    108 Stat. 1488; Pub. L. 107-275, Sec. 2(a), Nov. 2, 2002, 116 Stat.
    1925.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(2)(D). Pub. L. 107-275 substituted "Secretary"
    for "Commissioner of Social Security".
      1994 - Subsec. (a)(2)(D). Pub. L. 103-296 substituted
    "Commissioner of Social Security" for "Secretary".
      1978 - Subsec. (e). Pub. L. 95-239 added cl. (3) relating to
    individuals entitled to benefits under par. (5) of section 921(c)
    of this title.
      1972 - Subsec. (a). Pub. L. 92-303, Secs. 1(c)(6), 5(2),
    designated existing provisions as par. (1) and added pars. (2) and
    (3), and in par. (1) substituted "1973" for "1972" wherever
    appearing.
      Subsec. (b). Pub. L. 92-303, Secs. 5(1), (2), substituted "June
    30, 1973" for "December 31, 1971" and "December 31, 1973" for
    "December 31, 1971".
      Subsec. (e). Pub. L. 92-303, Secs. 1(c)(1), 5(3), substituted
    "widow, child, parent, brother, or sister" for "widow" and "1974"
    for "1973".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

                     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.

-End-



-CITE-
    30 USC Sec. 924a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
    Sec. 924a. Repealed.

-MISC1-
    Sec. 924a. Repealed. Pub. L. 107-275, Sec. 2(c)(2), Nov. 2, 2002,
      116 Stat. 1926.
      Section, Pub. L. 95-239, Sec. 11, Mar. 1, 1978, 92 Stat. 101,
    related to notification to miners of eligibility for medical
    services and supplies and the period for filing a claim.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 90 days after Nov. 2, 2002, see section 4 of
    Pub. L. 107-275, set out as an Effective Date of 2002 Amendment
    note under section 902 of this title.

-End-



-CITE-
    30 USC Sec. 925                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part B - Claims for Benefits Filed on or Before December 31, 1973

-HEAD-
    Sec. 925. Procedure for the determination of claims during
      transition period

-STATUTE-
      (a) Notwithstanding any other provision in this subchapter, for
    the purpose of assuring the uninterrupted receipt of benefits by
    claimants at such time as responsibility for administration of the
    benefits program is assumed by either a State workmen's
    compensation agency or the Secretary of Labor, any claim for
    benefits under this part filed during the period from July 1, 1973
    to December 31, 1973, shall be considered and determined in
    accordance with the procedures of this section. With respect to any
    such claim - 
        (1) Such claim shall be determined and, where appropriate under
      this part or section 9501(d) of title 26, benefits shall be paid
      with respect to such claim by the Secretary of Labor.
        (2) The Secretary of Labor shall promptly notify any operator
      who he believes, on the basis of information contained in the
      claim, or any other information available to him, may be liable
      to pay benefits to the claimant under part C of this subchapter
      for any month after December 31, 1973.
        (3) In determining such claims, the Secretary of Labor shall,
      to the extent appropriate, follow the procedures described in
      subsections (b), (c), and (d) of section 919 of title 33.
        (4) Any operator who has been notified of the pendency of a
      claim under paragraph (2) of this subsection shall be bound by
      the determination of the Secretary of Labor on such claim as if
      the claim had been filed pursuant to part C of this subchapter
      and section 932 of this title had been applicable to such
      operator. Nothing in this paragraph shall require any operator to
      pay any benefits for any month prior to January 1, 1974.

      (b) The Secretary of Labor may issue such regulations as are
    necessary or appropriate to carry out the purpose of this section.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 415, as added Pub. L. 92-303, Sec.
    7, May 19, 1972, 86 Stat. 156; amended Pub. L. 97-119, title I,
    Sec. 104(b)(2), Dec. 29, 1981, 95 Stat. 1639; Pub. L. 99-514, Sec.
    2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-296, title I, Sec.
    108(i)(2), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107-275, Sec.
    2(b)(3), Nov. 2, 2002, 116 Stat. 1925.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(2) to (5). Pub. L. 107-275, Sec. 2(b)(3)(A),
    redesignated pars. (3) to (5) as (2) to (4), respectively,
    substituted "paragraph (2)" for "paragraph 4" in par. (4), and
    struck out former par. (2) which read as follows: "The manner and
    place of filing such claim shall be in accordance with regulations
    issued jointly by the Commissioner of Social Security and the
    Secretary of Labor, which regulations shall provide, among other
    things, that such claims may be filed in district offices of the
    Social Security Administration and thereafter transferred to the
    jurisdiction of the Department of Labor for further consideration."
      Subsec. (b). Pub. L. 107-275, Sec. 2(b)(3)(B), struck out ",
    after consultation with the Commissioner of Social Security," after
    "Secretary of Labor".
      1994 - Subsecs. (a)(2), (b). Pub. L. 103-296 substituted
    "Commissioner of Social Security" for "Secretary of Health,
    Education, and Welfare".
      1986 - Subsec. (a)(1). 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)(1). Pub. L. 97-119 substituted "section
    9501(d) of title 26" for "section 934 of this title".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

-End-


-CITE-
    30 USC Part C - Claims for Benefits After December 31,
                     1973                                  01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
           PART C - CLAIMS FOR BENEFITS AFTER DECEMBER 31, 1973       

-End-



-CITE-
    30 USC Sec. 931                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 931. Benefits under State workmen's compensation laws

-STATUTE-
    (a) Filing
      On and after January 1, 1974, any claim for benefits for death or
    total disability due to pneumoconiosis shall be filed pursuant to
    the applicable State workmen's compensation law, except that during
    any period when miners or their surviving widows, children,
    parents, brothers, or sisters, as the case may be, are not covered
    by a State workmen's compensation law which provides adequate
    coverage for pneumoconiosis, and in any case in which benefits
    based upon eligibility under paragraph (5) of section 921(c) of
    this title are involved.(!1) they shall be entitled to claim
    benefits under this part.

    (b) Adequacy of compensation; listing of States providing adequate
      compensation; requisites for listing
      (1) For purposes of this section, a State workmen's compensation
    law shall not be deemed to provide adequate coverage for
    pneumoconiosis during any period unless it is included in the list
    of State laws found by the Secretary to provide such adequate
    coverage during such period. The Secretary shall, no later than
    October 1, 1972, publish in the Federal Register a list of State
    workmen's compensation laws which provide adequate coverage for
    pneumoconiosis and shall revise and republish in the Federal
    Register such list from time to time, as may be appropriate to
    reflect changes in such State laws due to legislation or judicial
    or administrative interpretation.
      (2) The Secretary shall include a State workmen's compensation
    law on such list during any period only if he finds that during
    such period under such law - 
        (A) benefits must be paid for total disability or death of a
      miner due to pneumoconiosis, except that (i) such law shall not
      be required to provide such benefits where the miner's last
      employment in a coal mine terminated before the Secretary's
      approval of the State law pursuant to this section; and (ii) each
      operator of a coal mine shall secure the payment of benefits
      pursuant to section 933 of this title with respect to any miner
      whose last employment in a coal mine terminated before the
      Secretary's approval of the State law pursuant to this section;
        (B) the amount of such cash benefits is substantially
      equivalent to or greater than the amount of benefits prescribed
      by section 922(a) of this title;
        (C) the standards for determining death or total disability due
      to pneumoconiosis are substantially equivalent to section 902(f)
      of this title and to those standards established under this part,
      and by the regulations of the Secretary promulgated under this
      part;
        (D) any claim for benefits on account of total disability of a
      miner due to pneumoconiosis is deemed to be timely filed if such
      claim is filed within three years after a medical determination
      of total disability due to pneumoconiosis;
        (E) there are in effect provisions with respect to prior and
      successor operators which are substantially equivalent to the
      provisions contained in section 932(i) of this title; and
        (F) there are applicable such other provisions, regulations or
      interpretations, which are consistent with the provisions
      contained in Public Law 803, 69th Congress (44 Stat. 1424,
      approved March 4, 1927), as amended [33 U.S.C. 901 et seq.],
      which are applicable under section 932(a) of this title, but are
      not inconsistent with any of the criteria set forth in
      subparagraphs (A) through (E) of this paragraph, as the
      Secretary, in accordance with regulations promulgated by him,
      determines to be necessary or appropriate to assure adequate
      compensation for total disability or death due to pneumoconiosis.

    The action of the Secretary in including or failing to include any
    State workmen's compensation law on such list shall be subject to
    judicial review exclusively in the United States court of appeals
    for the circuit in which the State is located or the United States
    Court of Appeals for the District of Columbia.
    (c) Publication in Federal Register; review of listings
      Final regulations required for implementation of any amendments
    to this part shall be promulgated and published in the Federal
    Register at the earliest practicable date after the date of
    enactment of such amendments, and in no event later than the end of
    the sixth month following the month in which such amendments are
    enacted.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 421, Dec. 30, 1969, 83 Stat. 795;
    Pub. L. 92-303, Secs. 1(c)(1), 4(e), 5(3), (5), May 19, 1972, 86
    Stat. 151, 154, 155; Pub. L. 95-239, Secs. 3(b)(3), 6, Mar. 1,
    1978, 92 Stat. 97, 98.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 803, 69th Congress, referred to in subsec. (b)(2)(F),
    is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as amended, popularly
    known as the Longshore and Harbor Workers' Compensation Act, which
    is classified generally to chapter 18 (Sec. 901 et seq.) of Title
    33, Navigation and Navigable Waters. For complete classification of
    this Act to the Code, see section 901 of Title 33 and Tables.


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-239, Sec. 3(b)(3), inserted
    reference to cases in which benefits based upon eligibility under
    par. (5) of section 921(c) of this title are involved.
      Subsec. (b)(2)(A). Pub. L. 95-239, Sec. 6(a), added the
    exceptions set out in cls. (i) and (ii).
      Subsec. (b)(2)(C). Pub. L. 95-239, Sec. 6(b), substituted
    "established under this part, and by the regulations of the
    Secretary promulgated under this part" for "established under part
    B of this subchapter, and by the regulations of the Secretary of
    Health, Education, and Welfare promulgated thereunder".
      Subsec. (b)(2)(D). Pub. L. 95-239, Sec. 6(c), substituted "total
    disability of a miner due to pneumoconiosis is deemed to be timely
    filed if such claim is filed within three years after a medical
    determination of total disability due to pneumoconiosis" for "total
    disability or death of a miner due to pneumoconiosis is deemed to
    be timely filed if such claim is filed within three years of the
    discovery of total disability due to pneumoconiosis, or the date of
    such death, as the case may be".
      1972 - Subsec. (a). Pub. L. 92-303, Secs. 1(c)(1), 5(3),
    substituted "widows, children, parents, brothers, or sisters, as
    the case may be," for "widows" and "1974" for "1973".
      Subsec. (b)(2)(C). Pub. L. 92-303, Sec. 4(e), substituted
    "section 902(f) of this title and to those standards established
    under part B of this subchapter" for "those established by section
    921 of this title".
      Subsec. (c). Pub. L. 92-303, Sec. 5(5), added subsec. (c).

                     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 section 4(e) of Pub. L. 92-303 effective Dec. 30,
    1969, see section 4(g) of Pub. L. 92-303, set out as a note under
    section 921 of this title.

-FOOTNOTE-
    (!1) So in original. The period probably should be a comma.


-End-



-CITE-
    30 USC Sec. 932                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 932. Failure to meet workmen's compensation requirements

-STATUTE-
    (a) Benefits; applicability of Longshore and Harbor Workers'
      Compensation Act; promulgation of regulations
      Subject to section 28(h)(1) of the Longshore and Harbor Workers'
    Compensation Act Amendments of 1984, during any period after
    December 31, 1973, in which a State workmen's compensation law is
    not included on the list published by the Secretary under section
    931(b) of this title, the provisions of Public Law 803, 69th
    Congress (44 Stat. 1424, approved March 4, 1927), as amended [33
    U.S.C. 901 et seq.], and as it may be amended from time to time
    (other than the provisions contained in sections 1, 2, 3, 4,,(!1)
    8, 9, 10, 12, 13, 29, 30, 31, 32, 33, 37, 38, 41, 43, 44, 45, 46,
    47, 48, 49, 50, and 51 thereof) [33 U.S.C. 901, 902, 903, 904, 908,
    909, 910, 912, 913, 929, 930, 931, 932, 933, 937, 938, 941, 943,
    944, 945, 946, 947, 948, 948a, 949, 950], shall (except as
    otherwise provided in this subsection or by regulations of the
    Secretary and except that references in such Act to the employer
    shall be considered to refer to the trustees of the fund, as the
    Secretary considers appropriate and as is consistent with the
    provisions of section 9501(d) of title 26), be applicable to each
    operator of a coal mine in such State with respect to death or
    total disability due to pneumoconiosis arising out of employment in
    such mine, or with respect to entitlements established in paragraph
    (5) of section 921(c) of this title. In administering this part,
    the Secretary is authorized to prescribe in the Federal Register
    such additional provisions, not inconsistent with those
    specifically excluded by this subsection, as he deems necessary to
    provide for the payment of benefits by such operator to persons
    entitled thereto as provided in this part and thereafter those
    provisions shall be applicable to such operator.

    (b) Liability of operators
      During any such period each such operator shall be liable for and
    shall secure the payment of benefits, as provided in this section
    and section 933 of this title. An employer, other than an operator
    of a coal mine, shall not be required to secure the payment of such
    benefits with respect to any employee of such employer to the
    extent such employee is engaged in the transportation of coal or in
    coal mine construction. Upon determination by the Secretary of the
    eligibility of the employee, the Secretary may require such
    employer to secure a bond or otherwise guarantee the payment of
    such benefits to the employee.
    (c) Persons entitled to benefits
      Benefits shall be paid during such period by each such operator
    under this section to the categories of persons entitled to
    benefits under section 922(a) of this title in accordance with the
    regulations of the Secretary applicable under this section:
    Provided, That, except as provided in subsection (i) of this
    section, no benefit shall be payable by any operator on account of
    death or total disability due to pneumoconiosis (1) which did not
    arise, at least in part, out of employment in a mine during a
    period after December 31, 1969, when it was operated by such
    operator; or (2) which was the subject of a claim denied before
    March 1, 1978, and which is or has been approved in accordance with
    the provisions of section 945 (!2) of this title.

    (d) Monthly payments; amounts; accrual of interest
      Benefits payable under this section shall be paid on a monthly
    basis and, except as otherwise provided in this section, such
    payments shall be equal to the amounts specified in section 922(a)
    of this title. If payment is not made within the time required,
    interest shall accrue to such amounts at the rates set forth in
    section 934(b)(5) of this title for interest owed to the fund. With
    respect to payments withheld pending final adjudication of
    liability, in the case of claims filed on or after the effective
    date of the Black Lung Benefits Amendments of 1981, such interest
    shall commence to accumulate 30 days after the date of the
    determination that such an award should be made.
    (e) Conditions upon payment
      No payment of benefits shall be required under this section:
        (1) except pursuant to a claim filed therefor in such manner,
      in such form, and containing such information, as the Secretary
      shall by regulation prescribe; or
        (2) for any period prior to January 1, 1974.
    (f) Limitation on filing of claims
      Any claim for benefits by a miner under this section shall be
    filed within three years after whichever of the following occurs
    later - 
        (1) a medical determination of total disability due to
      pneumoconiosis; or
        (2) March 1, 1978.
    (g) Reduction of monthly benefits
      The amount of benefits payable under this section shall be
    reduced, on a monthly or other appropriate basis, by the amount of
    any compensation received under or pursuant to any Federal or State
    workmen's compensation law because of death or disability due to
    pneumoconiosis. In addition, the amount of benefits payable under
    this section with respect to any claim filed on or after the
    effective date of the Black Lung Benefits Amendments of 1981 shall
    be reduced, on a monthly or other appropriate basis, by the amount
    by which such benefits would be reduced on account of excess
    earnings of such miner under section 403(b) through (l) of title 42
    if the amount paid were a benefit payable under section 402 of
    title 42.
    (h) Promulgation of regulations
      The Secretary of Labor shall by regulation establish standards,
    which may include appropriate presumptions, for determining whether
    pneumoconiosis arose out of employment in a particular coal mine or
    mines. The Secretary may also, by regulation, establish standards
    for apportioning liability for benefits under this subsection among
    more than one operator, where such apportionment is appropriate.
    (i) Subsequent operators' liability for benefit payments
      (1) During any period in which this section is applicable to the
    operator of a coal mine who on or after January 1, 1970, acquired
    such mine or substantially all the assets thereof, from a person
    (hereinafter in this subsection referred to as a "prior operator")
    who was an operator of such mine, or owner of such assets on or
    after January 1, 1970, such operator shall be liable for and shall,
    in accordance with section 933 of this title, secure the payment of
    all benefits which would have been payable by the prior operator
    under this section with respect to miners previously employed by
    such prior operator as if the acquisition had not occurred and the
    prior operator had continued to be an operator of a coal mine.
      (2) Nothing in this subsection shall relieve any prior operator
    of any liability under this section.
      (3)(A) For purposes of paragraph (1) of this subsection, the
    provisions of this paragraph shall apply to corporate
    reorganizations, liquidations, and such other transactions as are
    specified in this paragraph.
      (B) If an operator ceases to exist by reason of a reorganization
    or other transaction or series of transactions which involves a
    change in identity, form, or place of business or organization,
    however effected, the successor operator or other corporate or
    business entity resulting from such reorganization or other change
    shall be treated as the operator to whom this section applies.
      (C) If an operator ceases to exist by reason of a liquidation
    into a parent or successor corporation, the parent or successor
    corporation shall be treated as the operator to whom this section
    applies.
      (D) If an operator ceases to exist by reason of a sale of
    substantially all his or her assets, or as the result of a merger,
    consolidation, or division, the successor operator, corporation, or
    other business entity shall be treated as the operator to whom this
    section applies.
      (4) In any case in which there is a determination under section
    9501(d) of title 26 that no operator is liable for the payment of
    benefits to a claimant, nothing in this subsection may be construed
    to require the payment of benefits to a claimant by or on behalf of
    any operator.
    (j) Failure of operators to secure benefits
      Notwithstanding the provisions of this section, section 9501 of
    title 26 shall govern the payment of benefits in cases - 
        (1) described in section 9501(d)(1) of title 26;
        (2) in which the miner's last coal mine employment was before
      January 1, 1970; or
        (3) in which there was a claim denied before March 1, 1978, and
      such claim is or has been approved in accordance with the
      provisions of section 945 (!2) of this title.
    (k) Secretary as party in claim proceedings
      The Secretary shall be a party in any proceeding relative to a
    claim for benefits under this part.
    (l) Filing of new claims or refiling or revalidation of claims of
      miners already determined eligible at time of death
      In no case shall the eligible survivors of a miner who was
    determined to be eligible to receive benefits under this subchapter
    at the time of his or her death be required to file a new claim for
    benefits, or refile or otherwise revalidate the claim of such
    miner, except with respect to a claim filed under this part on or
    after the effective date of the Black Lung Benefits Amendments of
    1981,.(!3)


-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 422, Dec. 30, 1969, 83 Stat. 796;
    Pub. L. 92-303, Secs. 3(a), (b), 5(2)-(4), (9), 8, May 19, 1972, 86
    Stat. 153, 155-157; Pub. L. 95-239, Secs. 3(b)(4), 7(a)-(h), Mar.
    1, 1978, 92 Stat. 97-99; Pub. L. 97-119, title I, Sec. 104(b)(3)-
    (5), title II, Secs. 203(a)(6), (b), 204, 205(a), Dec. 29, 1981,
    95 Stat. 1639, 1644, 1645; Pub. L. 98-426, Sec. 28(h)(2), Sept. 28,
    1984, 98 Stat. 1655; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
    Stat. 2095.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 28(h)(1) of the Longshore and Harbor Workers'
    Compensation Act Amendments of 1984, referred to in subsec. (a), is
    section 28(h)(1) of Pub. L. 98-426, which is set out as a note
    under section 907 of Title 33, Navigation and Navigable Waters.
      Public Law 803, 69th Congress, referred to in subsec. (a), is act
    Mar. 4, 1927, ch. 509, 44 Stat. 1424, as amended, popularly known
    as the Longshore and Harbor Workers' Compensation Act, which is
    classified generally to chapter 18 (Sec. 901 et seq.) of Title 33.
    For complete classification of this Act to the Code, see section
    901 of Title 33 and Tables.
      Section 42 of Public Law 803, referred to in subsec. (a), was
    repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 647.
      Section 43 of Public Law 803, referred to in subsec. (a), was
    repealed by Pub. L. 89-348, Sec. 1(15), Nov. 8, 1965, 79 Stat.
    1311.
      Sections 45, 46, and 47 of Public Law 803, referred to in subsec.
    (a), were repealed by Pub. L. 98-426, Sec. 25, Sept. 28, 1984, 98
    Stat. 1654.
      Section 945 of this title, referred to in subsecs. (c), (j)(3),
    was repealed by Pub. L. 107-275, Sec. 2(c)(1), Nov. 2, 2002, 116.
    Stat. 1926.
      The effective date of the Black Lung Benefits Amendments of 1981,
    referred to in subsecs. (d), (g), and (l), is Jan. 1, 1982, except
    as otherwise provided. See section 206(a) of Pub. L. 97-119, set
    out as an Effective Date of 1981 Amendment note under section 901
    of this title.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsecs. (a), (i)(4), (j). Pub. L. 99-514 substituted
    "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954"
    wherever appearing, which for purposes of codification was
    translated as "title 26" thus requiring no change in text.
      1984 - Subsec. (a). Pub. L. 98-426 substituted "Subject to
    section 28(h)(1) of the Longshore and Harbor Workers' Compensation
    Act Amendments of 1984, during" for "During".
      1981 - Subsec. (a). Pub. L. 97-119, Sec. 104(b)(3), substituted
    "section 9501(d) of title 26" for "section 934 of this title".
      Subsec. (c). Pub. L. 97-119, Sec. 205(a)(1), substituted "due to
    pneumoconiosis (1)" for "due to pneumoconiosis" and added cl. (2).
      Subsec. (d). Pub. L. 97-119, Sec. 204, inserted provision
    relating to accrual of interest if payment is not made within the
    time required and accumulation of interest with respect to payments
    withheld pending final adjudication of liability in the case of
    claims filed on or after the effective date of the Black Lung
    Benefits Amendments of 1981.
      Subsec. (g). Pub. L. 97-119, Sec. 203(b), inserted provision
    reducing the amount of benefits payable under this section with
    respect to any claim filed on or after the effective date of the
    Black Lung Benefits Amendments of 1981.
      Subsec. (i)(4). Pub. L. 97-119, Sec. 104(b)(4), substituted
    "section 9501(d) of title 26" for "section 934 of this title".
      Subsec. (j). Pub. L. 97-119, Secs. 104(b)(5), 205(a)(2),
    substituted in provision preceding par. (1) "section 9501 of title
    26" for "section 934 of this title" and in par. (1) "section
    9501(d)(1) of title 26" for "section 934(a)(1) of this title" and
    added par. (3).
      Subsec. (l). Pub. L. 97-119, Sec. 203(a)(6), inserted before
    period at end ", except with respect to a claim filed under this
    part on or after the effective date of the Black Lung Benefits
    Amendments of 1981,".
      1978 - Subsec. (a). Pub. L. 95-239, Secs. 3(b)(4), 7(a), inserted
    ", and as it may be amended from time to time" after "as amended",
    inserted a comma after "and 51 thereof)", substituted "or by
    regulations of the Secretary and except that references in such Act
    to the employer shall be considered to refer to the trustees of the
    fund, as the Secretary considers appropriate and as is consistent
    with the provisions of section 934 of this title)" for "and except
    as the Secretary shall by regulation otherwise provide)", and
    inserted ", or with respect to entitlements established in
    paragraph (5) of section 921(c) of this title" after "with respect
    to death or total disability due to pneumoconiosis arising out of
    employment in such mine".
      Subsec. (b). Pub. L. 95-239, Sec. 7(b), provided that an
    employer, other than an operator of a coal mine, shall not be
    required to secure the payment of benefits with respect to any
    employee of that employer to the extent that the employee is
    engaged in the transportation of coal or in coal mine construction
    and authorized the Secretary to require an employer to secure a
    bond or otherwise guarantee the payment of benefits.
      Subsec. (c). Pub. L. 95-239, Sec. 7(c), struck out reference to
    regulations of the Secretary of Health, Education, and Welfare and
    substituted "employment in a mine during a period after December
    31, 1969, when it was operated" for "employment in a mine during
    the period when it was operated".
      Subsec. (e)(3). Pub. L. 95-239, Sec. 7(d), struck out par. (3)
    which had provided that no payment of benefits could be required
    under this section for any period after twelve years after Dec. 30,
    1969.
      Subsec. (f). Pub. L. 95-239, Sec. 7(e), provided that any claim
    for benefits by a miner under this section be filed within three
    years after the later of either a medical determination of total
    disability due to pneumoconiosis or March 1, 1978, and struck out
    provisions which had set special limitations on the filing of a
    claim by a widow.
      Subsec. (h). Pub. L. 95-239, Sec. 7(f), struck out provision
    under which the regulations of the Secretary of Health, Education,
    and Welfare promulgated under section 921 of this title had also
    been applicable to claims under this section.
      Subsec. (i)(1). Pub. L. 95-239, Sec. 7(g), imposed claim
    liability on operators who acquired a mine from a prior operator on
    or after Jan. 1, 1970, with respect to benefits to miners
    previously employed by a prior operator, as if the acquisition had
    not occurred.
      Subsec. (i)(2). Pub. L. 95-239, Sec. 7(g), reenacted par. (2)
    without change.
      Subsec. (i)(3), (4). Pub. L. 95-239, Sec. 7(g), added pars. (3)
    and (4).
      Subsecs. (j) to (l). Pub. L. 95-239, Sec. 7(h), added subsecs.
    (j) to (l).
      1972 - Subsec. (a). Pub. L. 92-303, Secs. 3(b), 5(2), (9),
    substituted "a coal mine" for "an underground coal mine", "1973"
    for "1972" and struck out reference to section 7 of Pub. L. 803,
    69th Congress (44 Stat. 1424, approved March 4, 1927),
    respectively,
      Subsec. (e)(2). Pub. L. 92-303, Sec. 5(3), substituted "January
    1, 1974" for "January 1, 1973".
      Subsec. (e)(3). Pub. L. 92-303, Sec. 5(4), substituted "twelve
    years" for "seven years".
      Subsec. (f). Pub. L. 92-303, Sec. 8, designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (h). Pub. L. 92-303, Sec. 3(a), substituted "coal mine"
    for "underground coal mine".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-426 effective Sept. 28, 1984, and
    applicable both with respect to claims filed after such date and to
    claims pending on such date, see section 28(a) of Pub. L. 98-426,
    set out as a note under section 901 of Title 33, Navigation and
    Navigable Waters.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by sections 203(a)(6), (b), 204, 205(a) of Pub. L. 97-
    119 effective Jan. 1, 1982, except as otherwise provided, see
    section 206(a) of Pub. L. 97-119, set out as a note under section
    901 of this title.

                     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 section 3(a), (b) of 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.

-FOOTNOTE-
    (!1) So in original.

    (!2) See References in Text note below.

               

    (!3) So in original.


-End-



-CITE-
    30 USC Sec. 932a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 932a. Appointment of qualified individuals to hear and
      determine claims for benefits

-STATUTE-
      Qualified individuals appointed by the Secretary of Labor may
    hear and determine claims for benefits under part B or part C of
    title IV of the Federal Coal Mine Health and Safety Act of 1969
    (!1) [30 U.S.C. 921 et seq., 931 et seq.] and under section 415 of
    such Act [30 U.S.C. 925]. For purposes of this section, the term
    "qualified individual" means such an individual, regardless of
    whether that individual is a hearing examiner appointed under
    section 3105 of title 5. Nothing in this section shall be deemed to
    imply that there is or is not in effect any authority for such
    individuals to hear and determine such claims under any provision
    of law other than this section.


-SOURCE-
    (Pub. L. 94-504, Oct. 15, 1976, 90 Stat. 2428; Pub. L. 107-275,
    Sec. 2(b)(5), Nov. 2, 2002, 116 Stat. 1926.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Coal Mine Health and Safety Act of 1969, referred to
    in text, is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as
    amended, which was renamed the Federal Mine Safety and Health Act
    of 1977 by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91
    Stat. 1290. Parts B and C of title IV of the Federal Mine Safety
    and Health Act of 1977 are classified generally to part B (Sec. 921
    et seq.) of this subchapter and to this part (Sec. 931 et seq.),
    respectively. For complete classification of this Act to the Code,
    see Short Title note set out under section 801 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Federal Mine Safety and
    Health Act of 1977 which comprises this chapter or the Black Lung
    Benefits Act which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-275 substituted "under part B or part C" for
    "under part C".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

          EXTENSION OF ADJUDICATION PERIOD THROUGH MARCH 1, 1979      
      Pub. L. 95-239, Sec. 7(i), Mar. 1, 1978, 92 Stat. 100, authorized
    individuals appointed to hear and determine claims for benefits
    under this part and under section 925 of this title pursuant to
    this section, notwithstanding the provisions of section 932(a) of
    this title, to continue to adjudicate such claims during the one-
    year period following Mar. 1, 1978.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 933                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 933. Duties of operators in States not qualifying under
      workmen's compensation laws

-STATUTE-
    (a) Securing of benefits for miners; self-insurers; mutual
      companies
      During any period in which a State workmen's compensation law is
    not included on the list published by the Secretary under section
    931(b) of this title each operator of a coal mine in such State
    shall secure the payment of benefits for which he is liable under
    section 932 of this title by (1) qualifying as a self-insurer in
    accordance with regulations prescribed by the Secretary, or (2)
    insuring and keeping insured the payment of such benefits with any
    stock company or mutual company or association, or with any other
    person or fund, including any State fund, while such company,
    association, person or fund is authorized under the laws of any
    State to insure workmen's compensation.
    (b) Required provisions of insurance contracts
      In order to meet the requirements of clause (2) of subsection (a)
    of this section, every policy or contract of insurance must contain
    - 
        (1) a provision to pay benefits required under section 932 of
      this title, notwithstanding the provisions of the State workmen's
      compensation law which may provide for lesser payments;
        (2) a provision that insolvency or bankruptcy of the operator
      or discharge therein (or both) shall not relieve the carrier from
      liability for such payments; and
        (3) such other provisions as the Secretary, by regulation, may
      require.
    (c) Cancellation of insurance contracts
      No policy or contract of insurance issued by a carrier to comply
    with the requirements of clause (2) of subsection (a) of this
    subsection (!1) shall be canceled prior to the date specified in
    such policy or contract for its expiration until at least thirty
    days have elapsed after notice of cancellation has been sent by
    registered or certified mail to the Secretary and to the operator
    at his last known place of business.

    (d) Penalties for failure to secure payment of benefits
      (1) Any employer required to secure the payment of benefits under
    this section who fails to secure such benefits shall be subject to
    a civil penalty assessed by the Secretary of not more than $1,000
    for each day during which such failure occurs. In any case where
    such employer is a corporation, the president, secretary, and
    treasurer thereof also shall be severally liable to such civil
    penalty as provided in this subsection for the failure of such
    corporation to secure the payment of benefits. Such president,
    secretary, and treasurer shall be severally personally liable,
    jointly with such corporation, for any benefit which may accrue
    under this subchapter in respect to any disability which may occur
    to any employee of such corporation while it shall so fail to
    secure the payment of benefits as required by this section.
      (2) Any employer of a miner who knowingly transfers, sells,
    encumbers, assigns, or in any manner disposes of, conceals,
    secrets,(!2) or destroys any property belonging to such employer,
    after any miner employed by such employer has filed a claim under
    this subchapter, and with intent to avoid the payment of benefits
    under this subchapter to such miner or his or her dependents, shall
    be guilty of a misdemeanor and, upon conviction thereof, shall be
    punished by a fine of not more than $1,000, or by imprisonment for
    not more than one year, or both. In any case where such employer is
    a corporation, the president, secretary, and treasurer thereof also
    shall be severally liable for such penalty of imprisonment as well
    as jointly liable with such corporation for such fine.

      (3) This subsection shall not affect any other liability of the
    employer under this part.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 423, Dec. 30, 1969, 83 Stat. 797;
    Pub. L. 92-303, Sec. 3(b), May 19, 1972, 86 Stat. 153; Pub. L. 95-
    239, Sec. 8, Mar. 1, 1978, 92 Stat. 100.)


-MISC1-
                                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".

                     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.

-FOOTNOTE-
    (!1) So in original. Probably should be "section".

    (!2) So in original. Probably should be "secretes,".


-End-



-CITE-
    30 USC Sec. 934                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 934. "Fund" defined; liability of operators to United States
      for repayments to fund; procedures applicable; rate of interest

-STATUTE-
      (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 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 attributed to him plus interest thereon. No operator 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 proceedings 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, 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.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 424, Dec. 30, 1969, 83 Stat. 798;
    Pub. L. 92-303, Sec. 1(c)(1), May 19, 1972, 86 Stat. 151; Pub. L.
    95-227, Sec. 3(d), Feb. 10, 1978, 92 Stat. 13; Pub. L. 96-222,
    title I, Sec. 108(b)(2)(A), Apr. 1, 1980, 94 Stat. 226; Pub. L. 97-
    119, title I, Sec. 104(a)(1), (2), (b)(6), Dec. 29, 1981, 95 Stat.
    1639; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
                            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, as amended, which was classified
    generally to former Title 11, Bankruptcy. The Act was repealed
    effective Oct. 1, 1979, by Pub. L. 95-598, Secs. 401(a), 402(a),
    Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised
    Title 11.

-COD-
                               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, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.


-MISC1-
                                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, Sec. 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, Sec. 104(a)(2), inserted "plus
    interest thereon" after "attributed to him".
      Subsec. (b)(5). Pub. L. 97-119, Sec. 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.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 104(a)(3) of Pub. L. 97-119 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 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                 
      Section 3(e) of Pub. L. 95-227 provided that: "This section
    [enacting section 934a of this title and amending this section]
    shall take effect on April 1, 1978."

-End-



-CITE-
    30 USC Sec. 934a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 934a. Repealed.

-MISC1-
    Sec. 934a. Repealed. Pub. L. 97-119, title I, Sec. 103(b), Dec. 29,
      1981, 95 Stat. 1638.
      Section, Pub. L. 95-227, Sec. 3(a)-(c), Feb. 10, 1978, 92 Stat.
    12; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.
    695; Pub. L. 96-222, title I, Sec. 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 provided for operation of the
    fund. See section 9501 of Title 26, Internal Revenue Code.

                         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
                            SECRETARY OF LABOR
      Pub. L. 95-239, Sec. 20(b), Mar. 1, 1978, 92 Stat. 106, provided
    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 established 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 enactment 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 provisions and shall make
    benefit payments to miners and to eligible survivors of miners in
    accordance with such provisions.

-End-



-CITE-
    30 USC Sec. 935                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 935. Utilization of services of State and local agencies

-STATUTE-
      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 functions 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.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 425, Dec. 30, 1969, 83 Stat. 798.)

-End-



-CITE-
    30 USC Sec. 936                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 936. Regulations and reports

-STATUTE-
    (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
    appropriate to carry out the provisions of this subchapter. Such
    regulations shall be issued in conformity with section 553 of title
    5, notwithstanding subsection (a) thereof.
    (b) Annual reports to Congress
      At the end of fiscal year 2003 and each succeeding 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 compensation laws; conflicts
      between State and Federal provisions
      Nothing in this subchapter shall relieve any operator of the duty
    to comply with any State workmen's compensation law, except insofar
    as such State law is in conflict with the provisions of this
    subchapter and the Secretary by regulation, so prescribes. The
    provisions of any State workmen's compensation law which provide
    greater benefits than the benefits payable under this subchapter
    shall not thereby be construed or held to be in conflict with the
    provisions of this subchapter.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 426, Dec. 30, 1969, 83 Stat. 798;
    Pub. L. 92-303, Sec. 5(3), May 19, 1972, 86 Stat. 155; Pub. L. 103-
    296, title I, Sec. 108(i)(3), Aug. 15, 1994, 108 Stat. 1488; Pub.
    L. 104-66, title I, Sec. 1102(b)(2), Dec. 21, 1995, 109 Stat. 723;
    Pub. L. 107-275, Sec. 2(b)(4), Nov. 2, 2002, 116 Stat. 1926.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 942 of title 33, referred to in subsec. (b), was in the
    original "section 42 of the Longshore Harbor Worker's Compensation
    Act" and was translated as reading "section 42 of the Longshore and
    Harbor Workers' Compensation Act" to reflect the probable intent of
    Congress.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-275, Sec. 2(b)(4)(A), struck out
    ", the Commissioner of Social Security," after "The Secretary of
    Labor".
      Subsec. (b). Pub. L. 107-275, Sec. 2(b)(4)(B), amended first
    sentence generally. Prior to amendment, first sentence read as
    follows: "At the end of each fiscal year, the Commissioner of
    Social Security shall submit to the Congress an annual report upon
    the subject matter of part B of this subchapter, and, after January
    1, 1974, the Secretary of Labor shall also submit such a report
    upon the subject matter of this part."
      1995 - Subsec. (b). Pub. L. 104-66 substituted "At the end of
    each fiscal year, the" for "Within 120 days following the convening
    of each session of Congress the" and inserted at end "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."
      1994 - Subsec. (a). Pub. L. 103-296, Sec. 108(i)(3)(A),
    substituted ", the Commissioner of Social Security, and the
    Secretary of Health and Human Services" for "and the Secretary of
    Health, Education, and Welfare".
      Subsec. (b). Pub. L. 103-296, Sec. 108(i)(3)(B), substituted
    "Commissioner of Social Security" for "Secretary of Health,
    Education, and Welfare".
      1972 - Subsec. (b). Pub. L. 92-303 substituted "January 1, 1974"
    for "January 1, 1973".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-275 effective 90 days after Nov. 2,
    2002, see section 4 of Pub. L. 107-275, set out as a note under
    section 902 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

-End-



-CITE-
    30 USC Sec. 937                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 937. Contracts and grants

-STATUTE-
    (a) Construction, purchase, and operation of fixed-site and mobile
      clinical facilities
      The Secretary of Health and Human Services is authorized to enter
    into contracts with, and make grants to, public and private
    agencies and organizations and individuals for the construction,
    purchase, and operation of fixed-site and mobile clinical
    facilities for the analysis, examination, and treatment of
    respiratory and pulmonary impairments in active and inactive coal
    miners. The Secretary shall coordinate the making of such contracts
    and grants with the Appalachian Regional Commission.
    (b) Research activities
      The Secretary of Health and Human Services shall initiate
    research within the National Institute for Occupational Safety and
    Health, and is authorized to make research grants to public and
    private agencies and organizations and individuals for the purpose
    of devising simple and effective tests to measure, detect, and
    treat respiratory and pulmonary impairments in active and inactive
    coal miners. Any grant made pursuant to this subsection shall be
    conditioned upon all information, uses, products, processes,
    patents, and other developments resulting from such research being
    available to the general public, except to the extent of such
    exceptions and limitations as the Secretary of Health and Human
    Services may deem necessary in the public interest.
    (c) Authorization of appropriations
      There is hereby authorized to be appropriated for the purpose of
    subsection (a) of this section $10,000,000 for each fiscal year.
    There are hereby authorized to be appropriated for the purposes of
    subsection (b) of this section such sums as are necessary.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 427, as added Pub. L. 92-303, Sec.
    5(6), May 19, 1972, 86 Stat. 155; amended Pub. L. 95-239, Sec. 9,
    Mar. 1, 1978, 92 Stat. 100; Pub. L. 96-88, title V, Sec. 509(b),
    Oct. 17, 1979, 93 Stat. 695.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (c). Pub. L. 95-239 substituted "$10,000,000 for
    each fiscal year" for "$10,000,000 for each of the fiscal years
    ending June 30, 1973, June 30, 1974, and June 30, 1975".

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsecs. (a) and
    (b) pursuant to section 509(b) of Pub. L. 96-88 which is classified
    to section 3508(b) of Title 20, Education.


-MISC2-
                     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.

-End-



-CITE-
    30 USC Sec. 938                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 938. Miners suffering from pneumoconiosis; discrimination
      prohibited

-STATUTE-
    (a) Mine operators
      No operator shall discharge or in any other way discriminate
    against any miner employed by him by reason of the fact that such
    miner is suffering from pneumoconiosis. No person shall cause or
    attempt to cause an operator to violate this section. For the
    purposes of this subsection the term "miner" shall not include any
    person who has been found to be totally disabled.
    (b) Determination by Secretary; procedure
      Any miner who believes that he has been discharged or otherwise
    discriminated against by any person in violation of subsection (a)
    of this section, or any representative of such miner may, within
    ninety days after such violation occurs, apply to the Secretary for
    a review of such alleged discharge or discrimination. A copy of the
    application shall be sent to such person who shall be the
    respondent. Upon receipt of such application, the Secretary shall
    cause such investigation to be made as he deems appropriate. Such
    investigation shall provide an opportunity for a public hearing at
    the request of any party to enable the parties to present
    information relating to such violation. The parties shall be given
    written notice of the time and place of the hearing at least five
    days prior to the hearing. Any such hearing shall be of record and
    shall be subject to section 554 of title 5. Each administrative law
    judge presiding under this section and under the provisions of
    subchapters I, II and III of this chapter shall receive
    compensation at a rate determined under section 5372 of title 5.
    Upon receiving the report of such investigation, the Secretary
    shall make findings of fact. If he finds that such violation did
    occur, he shall issue a decision, incorporating an order therein,
    requiring the person committing such violation to take such
    affirmative action as the Secretary deems appropriate, including,
    but not limited to, the rehiring or reinstatement of the miner to
    his former position with back pay. If he finds that there was no
    such violation, he shall issue an order denying the application.
    Such order shall incorporate the Secretary's findings therein.
    (c) Costs and penalties
      Whenever an order is issued under this subsection granting relief
    to a miner at the request of such miner, a sum equal to the
    aggregate amount of all costs and expenses (including the
    attorney's fees) as determined by the Secretary to have been
    reasonably incurred by such miner for, or in connection with, the
    institution and prosecution of such proceedings, shall be assessed
    against the person committing the violation.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 428, as added Pub. L. 92-303, Sec.
    5(7), May 19, 1972, 86 Stat. 155; amended Pub. L. 95-251, Sec.
    2(a)(9), Mar. 27, 1978, 92 Stat. 183; Pub. L. 101-509, title V,
    Sec. 529 [title I, Sec. 104(d)(3)], Nov. 5, 1990, 104 Stat. 1427,
    1447.)


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (b). Pub. L. 101-509 amended seventh sentence
    generally, substituting "determined under section 5372 of title 5"
    for "not less than that prescribed for GS-16 under section 5332 of
    title 5".
      1978 - Subsec. (b). Pub. L. 95-251 substituted "administrative
    law judge" for "hearing examiner".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-509 effective on such date as the
    President shall determine, but not earlier than 90 days, and not
    later than 180 days, after Nov. 5, 1990, see section 529 [title
    III, Sec. 305] of Pub. L. 101-509, set out as a note under section
    5301 of Title 5, Government Organization and Employees.

-End-



-CITE-
    30 USC Sec. 939                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 939. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated to the Secretary of Labor
    such sums as may be necessary to carry out his responsibilities
    under this subchapter. Such sums shall remain available until
    expended.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 429, as added Pub. L. 92-303, Sec.
    5(8), May 19, 1972, 86 Stat. 156.)

-End-



-CITE-
    30 USC Sec. 940                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 940. Applicability of amendments to part B of this subchapter
      to this part

-STATUTE-
      The amendments made by the Black Lung Benefits Act of 1972, the
    Black Lung Benefits Reform Act of 1977 and the Black Lung Benefits
    Amendments of 1981 to part B of this subchapter shall, to the
    extent appropriate, also apply to this part.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 430, as added Pub. L. 92-303, Sec.
    5(10), May 19, 1972, 86 Stat. 156; amended Pub. L. 95-239, Sec. 10,
    Mar. 1, 1978, 92 Stat. 100; Pub. L. 97-119, title II, Sec. 202(d),
    Dec. 29, 1981, 95 Stat. 1643.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Black Lung Benefits Act of 1972, referred to in text, is Pub.
    L. 92-303, May 19, 1972, 86 Stat. 150, as amended, which is
    classified generally to sections 901, 902, 921 to 925, 931 to 934,
    and 936 to 941 of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 901 of
    this title and Tables.
      The Black Lung Benefits Reform Act of 1977, referred to in text,
    is Pub. L. 95-239, Mar. 1, 1978, 92 Stat. 95. For complete
    classification of this Act to the Code, see Short Title of 1978
    Amendment note set out under section 801 of this title and Tables.
      The Black Lung Benefits Amendments of 1981, referred to in text,
    is Pub. L. 97-119, title II, Dec. 29, 1981, 95 Stat. 1643, which
    amended this section and sections 901, 902, 921, 922, 923, and 932
    of this title and enacted provisions set out as notes under section
    901 of this title. For complete classification of this Act to the
    Code, see Short Title of 1981 Amendment note set out under section
    801 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1981 - Pub. L. 97-119 inserted ", and the Black Lung Benefits
    Amendments of 1981".
      1978 - Pub. L. 95-239 inserted reference to amendments made by
    the Black Lung Benefits Reform Act of 1977 and struck out provision
    that, for the purpose of determining the applicability of the
    presumption established by 921(c)(4) of this title to claims filed
    under this part, no period of employment after June 30, 1971, could
    be considered in determining whether a miner was employed at least
    fifteen years in one or more underground mines.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-119 effective Jan. 1, 1982, except as
    otherwise provided, see section 206(a) of Pub. L. 97-119, set out
    as a note under section 901 of this title.

                     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.

-End-



-CITE-
    30 USC Sec. 941                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 941. Penalty for false statements or representations

-STATUTE-
      Any person who willfully makes any false or misleading statement
    or representation for the purpose of obtaining any benefit or
    payment under this subchapter shall be guilty of a misdemeanor and
    on conviction thereof shall be punished by a fine of not more than
    $1,000, or by imprisonment for not more than one year, or both.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 431, as added Pub. L. 92-303, Sec.
    6, May 19, 1972, 86 Stat. 156; amended Pub. L. 95-239, Sec. 12(a),
    Mar. 1, 1978, 92 Stat. 101.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-239 substituted provisions setting the penalty
    for making false or misleading statements or representations for
    the purpose of obtaining benefits or payments for provisions
    relating to the Secretary's duty to disseminate to all persons who
    filed claims under this subchapter prior to May 19, 1972,
    information on the review provisions under the Black Lung Benefits
    Act of 1972.

                     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.

-End-



-CITE-
    30 USC Sec. 942                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 942. Miner benefit entitlement reports; penalty for failure or
      refusal to file

-STATUTE-
      (a) The Secretary may by regulation require employers to file
    reports concerning miners who may be or are entitled to benefits
    under this part, including the date of commencement and cessation
    of benefits and the amount of such benefits. Any such report shall
    not be evidence of any fact stated therein in any proceeding
    relating to death or total disability due to pneumoconiosis of any
    miner to which such report relates.
      (b) Any employer who fails or refuses to file any report required
    of such employer under this section shall be subject to a civil
    penalty of not more than $500 for each such failure or refusal.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 432, as added Pub. L. 95-239, Sec.
    12(b), Mar. 1, 1978, 92 Stat. 101.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95-
    239, set out as an Effective Date of 1978 Amendment note under
    section 901 of this title.

-End-



-CITE-
    30 USC Sec. 943                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 943. Black lung insurance program

-STATUTE-
    (a) Authorization to establish and carry out
      The Secretary is authorized to establish and carry out a black
    lung insurance program which will enable operators of coal mines to
    purchase insurance covering their obligations under section 932 of
    this title.
    (b) Non-availability of other insurance coverage
      The Secretary may exercise his or her authority under this
    section only if, and to the extent that, insurance coverage is not
    otherwise available, at reasonable cost, to operators of coal
    mines.
    (c) Agreements with coal mine operators; reinsurance agreements
      (1) The Secretary may enter into agreements with operators of
    coal mines who may be liable for the payment of benefits under
    section 932 of this title, under which the Black Lung Compensation
    Insurance Fund established under subsection (a) of this section
    (hereinafter in this section referred to as the "insurance fund")
    shall assume all or part of the liability of such operator in
    return for the payment of premiums to the insurance fund, and on
    such terms and conditions as will fully protect the financial
    solvency of the insurance fund. During any period in which such
    agreement is in effect the operator shall be deemed in compliance
    with the requirements of section 933 of this title with respect to
    the risks covered by such agreement.
      (2) The Secretary may also enter into reinsurance agreements with
    one or more insurers or pools of insurers under which, in return
    for the payment of premiums to the insurance fund, and on such
    terms and conditions as will fully protect the financial solvency
    of the insurance fund, the insurance fund shall provide reinsurance
    coverage for benefits required to be paid under section 932 of this
    title.
    (d) Terms and conditions of insurability
      The Secretary may by regulation provide for general terms and
    conditions of insurability as applicable to operators of coal mines
    or insurers eligible for insurance or reinsurance under this
    section, including - 
        (1) the types, classes, and locations of operators or
      facilities which shall be eligible for such insurance or
      reinsurance;
        (2) the classification, limitation, and rejection of any
      operator or facility which may be advisable;
        (3) appropriate premiums for different classifications of
      operators or facilities;
        (4) appropriate loss deductibles;
        (5) experience rating; and
        (6) any other terms and conditions relating to insurance or
      reinsurance coverage or exclusion which may be appropriate to
      carry out the purposes of this section.
    (e) Premium schedule studies and investigations
      The Secretary may undertake and carry out such studies and
    investigations, and receive or exchange such information, as may be
    necessary to formulate a premium schedule which will enable the
    insurance and reinsurance authorized by this section to be provided
    on a basis which is (1) in accordance with accepted actuarial
    principles; and (2) fair and equitable.
    (f) Regulations relating to premium rates
      (1) On the basis of estimates made by the Secretary in
    formulating a premium schedule under subsection (e) of this
    section, and such other information as may be available, the
    Secretary shall from time to time prescribe by regulation the
    chargeable premium rates for types and classes of insurers,
    operators of coal mines, and facilities for which insurance or
    reinsurance coverage shall be available under this section and the
    terms and conditions under which, and the area within which, such
    insurance or reinsurance shall be available and such rates shall
    apply.
      (2) Such premium rates shall be (A) based on a consideration of
    the risks involved, taking into account differences, if any, in
    risks based on location, type of operations, facilities, type of
    coal, experience, and any other matter which may be considered
    under accepted actuarial principles; and (B) adequate, on the basis
    of accepted actuarial principles, to provide reserves for
    anticipated losses.
      (3) All premiums received by the Secretary shall be paid into the
    insurance fund.
    (g) Black Lung Compensation Insurance Fund
      (1) The Secretary may establish in the Department of Labor a
    Black Lung Compensation Insurance Fund which shall be available,
    without fiscal year limitation - 
        (A) to pay claims of miners for benefits covered by insurance
      or reinsurance issued under this section;
        (B) to pay the administrative expenses of carrying out the
      black lung compensation insurance program under this section; and
        (C) to repay to the Secretary of the Treasury such sums as may
      be borrowed in accordance with the authority provided in
      subsection (i) of this section.

      (2) The insurance fund shall be credited with - 
        (A) premiums, fees, or other charges which may be collected in
      connection with insurance or reinsurance coverage provided under
      this section;
        (B) such amounts as may be advanced to the insurance fund from
      appropriations in order to maintain the insurance fund in an
      operative condition adequate to meet its liabilities; and
        (C) income which may be earned on investments of the insurance
      fund pursuant to paragraph (3).

      (3) If, after all outstanding current obligations of the
    insurance fund have been liquidated and any outstanding amounts
    which may have been advanced to the insurance fund from
    appropriations authorized under subsection (i) of this section have
    been credited to the appropriation from which advanced, the
    Secretary determines that the moneys of the insurance fund are in
    excess of current needs, he or she may request the investment of
    such amounts as he or she deems advisable by the Secretary of the
    Treasury in public debt securities with maturities suitable for the
    needs of the insurance fund and bearing interest at prevailing
    market rates.
    (h) Omitted
    (i) Authorization of appropriations
      There are authorized to be appropriated to the insurance fund, as
    repayable advances, such sums as may be necessary to meet
    obligations incurred under subsection (g) of this section. All such
    sums shall remain available without fiscal year limitation.
    Advances made pursuant to this subsection shall be repaid, with
    interest, to the general fund of the Treasury when the Secretary
    determines that moneys are available in the insurance fund for such
    repayments. Interest on such advances shall be computed in the same
    manner as provided in subsection (b)(2) of section 934a (!1) of
    this title.


-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 433, as added Pub. L. 95-239, Sec.
    13, Mar. 1, 1978, 92 Stat. 101.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 934a of this title, referred to in subsec. (i), was
    repealed by Pub. L. 97-119, title I, Sec. 103(b), Dec. 29, 1981, 95
    Stat. 1638. See section 9501(c) of Title 26, Internal Revenue Code.

-COD-
                               CODIFICATION                           
      Subsec. (h) of this section, which required the Secretary to
    report to Congress not later than April 1 of each year on the
    financial condition and operation of the insurance fund,
    terminated, effective May 15, 2000, pursuant to section 3003 of
    Pub. L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance. See, also, page 124 of House Document
    No. 103-7.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95-
    239, set out as an Effective Date of 1978 Amendment note under
    section 901 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 944                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 944. Statement of reasons for denial of claim

-STATUTE-
      Any individual whose claim for benefits under this subchapter is
    denied shall receive from the Secretary a written statement of the
    reasons for denial of such claim, and a summary of the
    administrative hearing record or, upon good cause shown, a copy of
    any transcript thereof.

-SOURCE-
    (Pub. L. 91-173, title IV, Sec. 434, as added Pub. L. 95-239, Sec.
    14, Mar. 1, 1978, 92 Stat. 103.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 1, 1978, see section 20(a) of Pub. L. 95-
    239, set out as an Effective Date of 1978 Amendment note under
    section 901 of this title.

-End-



-CITE-
    30 USC Sec. 945                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER IV - BLACK LUNG BENEFITS
    Part C - Claims for Benefits After December 31, 1973

-HEAD-
    Sec. 945. Repealed.

-MISC1-
    Sec. 945. Repealed. Pub. L. 107-275, Sec. 2(c)(1), Nov. 2, 2002,
      116 Stat. 1926.
      Section, Pub. L. 91-173, title IV, Sec. 435, as added Pub. L. 95-
    239, Sec. 15, Mar. 1, 1978, 92 Stat. 103; amended Pub. L. 103-296,
    title I, Sec. 108(i)(4), Aug. 15, 1994, 108 Stat. 1488, related to
    review of claims pending on, or denied on or before, Mar. 1, 1978.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 90 days after Nov. 2, 2002, see section 4 of
    Pub. L. 107-275, set out as an Effective Date of 2002 Amendment
    note under section 902 of this title.

-End-


-CITE-
    30 USC SUBCHAPTER V - ADMINISTRATIVE PROVISIONS             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
                 SUBCHAPTER V - ADMINISTRATIVE PROVISIONS             

-End-



-CITE-
    30 USC Sec. 951                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 951. Studies and research

-STATUTE-
    (a) Appropriate projects
      The Secretary of the Interior and the Secretary of Health and
    Human Services, as appropriate, shall conduct such studies,
    research, experiments, and demonstrations as may be appropriate - 
        (1) to improve working conditions and practices in coal or
      other mines, and to prevent accidents and occupational diseases
      originating in the coal or other mining industry;
        (2) to develop new or improved methods of recovering persons in
      coal or other mines after an accident;
        (3) to develop new or improved means and methods of
      communication from the surface to the underground area of a coal
      or other mine;
        (4) to develop new or improved means and methods of reducing
      concentrations of respirable dust in the mine atmosphere of
      active workings of the coal or other mine;
        (5) to develop epidemiological information to (A) identify and
      define positive factors involved in occupational diseases of
      miners, (B) provide information on the incidence and prevalence
      of pneumoconiosis and other respiratory ailments of miners, and
      (C) improve mandatory health standards;
        (6) to develop techniques for the prevention and control of
      occupational diseases of miners, including tests for
      hypersusceptibility and early detection;
        (7) to evaluate the effect on bodily impairment and
      occupational disability of miners afflicted with an occupational
      disease;
        (8) to prepare and publish from time to time, reports on all
      significant aspects of occupational diseases of miners as well as
      on the medical aspects of injuries, other than diseases, which
      are revealed by the research carried on pursuant to this
      subsection;
        (9) to study the relationship between coal or other mine
      environments and occupational diseases of miners;
        (10) to develop new and improved underground equipment and
      other sources of power for such equipment which will provide
      greater safety;
        (11) to determine, upon the written request by any operator or
      authorized representative of miners, specifying with reasonable
      particularity the grounds upon which such request is made,
      whether any substance normally found in a coal or other mine has
      potentially toxic effects in the concentrations normally found in
      the coal or other mine or whether any physical agents or
      equipment found or used in a coal or other mine has potentially
      hazardous effects, and shall submit such determinations to both
      the operators and miners as soon as possible; and
        (12) for such other purposes as they deem necessary to carry
      out the purposes of this chapter.
    (b) Responsibility for carrying out prescribed activities
      Activities under this section in the field of coal or other mine
    health shall be carried out by the Secretary of Health and Human
    Services through the National Institute for Occupational Safety and
    Health established under the Occupational Safety and Health Act of
    1970 [29 U.S.C. 651 et seq.], and activities under this section in
    the field of coal or other mine safety shall be carried out by the
    Secretary of the Interior in coordination with the Secretary.
    (c) Contracting with and grants to public and private agencies;
      availability of information; exceptions
      In carrying out the provisions for research, demonstrations,
    experiments, studies, training, and education under this section
    and sections 861(b) and 952(a) of this title, the Secretary of the
    Interior and the Secretary of Health and Human Services in
    coordination with the Secretary may enter into contracts with, and
    make grants to, public and private agencies and organizations and
    individuals. No research, demonstrations, or experiments shall be
    carried out, contracted for, sponsored, cosponsored, or authorized
    under authority of this chapter, unless all information, uses,
    products, processes, patents, and other developments resulting from
    such research, demonstrations, or experiments will (with such
    exception and limitation, if any, as the Secretary of the Interior
    or the Secretary of Health and Human Services in coordination with
    the Secretary may find to be necessary in the public interest) be
    available to the general public.
    (d) Prevention of diseases affecting persons working with mine
      products
      The Secretary of Health and Human Services shall also conduct
    studies and research into matters involving the protection of life
    and the prevention of diseases in connection with persons, who
    although not miners, work with, or around the products of, coal or
    other mines in areas outside of such mines and under conditions
    which may adversely affect the health and well-being of such
    persons.
    (e) Authorization of appropriations
      There is authorized to be appropriated to the Secretary of the
    Interior such sums as may be necessary to carry out his
    responsibilities under this section and section 861(b) of this
    title at an annual rate of not to exceed $20,000,000 for the fiscal
    year ending June 30, 1970, $25,000,000 for the fiscal year ending
    June 30, 1971, and $60,000,000 for the fiscal year ending June 30,
    1972, and for each succeeding fiscal year thereafter. There is
    authorized to be appropriated annually to the Secretary of Health
    and Human Services such sums as may be necessary to carry out his
    responsibilities under this chapter. Such sums shall remain
    available until expended.
    (f) Exceptions to mandatory health and safety standards for
      improving techniques and equipment
      The Secretary is authorized to grant on a mine-by-mine basis an
    exception to any mandatory health or safety standard under this
    chapter for the purpose of permitting, under such terms and
    conditions as he may prescribe, accredited educational institutions
    the opportunity for experimenting with new and improved techniques
    and equipment to improve the health and safety of miners. No such
    exception shall be granted unless the Secretary finds that the
    granting of the exception will not adversely affect the health and
    safety of miners and publishes his findings.
    (g) Grants for research and development of respiratory equipment
      The Secretary of Health and Human Services is authorized to make
    grants to any public or private agency, institution, or
    organization, and operators or individuals for research and
    experiments to develop effective respiratory equipment.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 501, Dec. 30, 1969, 83 Stat. 798;
    Pub. L. 95-164, title III, Sec. 303(a), Nov. 9, 1977, 91 Stat.
    1320; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.
    695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Occupational Safety and Health Act of 1970, referred to in
    subsec. (b), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as
    amended, which is classified principally to chapter 15 (Sec. 651 et
    seq.) of Title 29, Labor. For complete classification of this Act
    to the Code, see Short Title note set out under section 651 of
    Title 29 and Tables.


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (a). Pub. L. 95-164, Sec. 303(a)(1), (2), (6),
    substituted "The Secretary of the Interior and" for "The Secretary
    and" in provisions preceding par. (1), inserted references to mines
    and mining other than coal mines and coal mining in pars. (1), (2),
    (3), (4), and (9), added par. (11), and redesignated former par.
    (11) as (12).
      Subsec. (b). Pub. L. 95-164, Sec. 303(a)(1), (3), inserted
    references to mines other than coal mines, inserted "through the
    National Institute for Occupational Safety and Health established
    under the Occupational Safety and Health Act of 1970" after
    "Secretary of Health, Education, and Welfare", and substituted
    "carried out by the Secretary of the Interior in coordination with
    the Secretary" for "carried out by the Secretary".
      Subsec. (c). Pub. L. 95-164, Sec. 303(a)(4), substituted "the
    Secretary of the Interior and the Secretary of Health, Education,
    and Welfare in coordination with the Secretary" for "the Secretary
    and the Secretary of Health, Education, and Welfare" and "the
    Secretary of the Interior or the Secretary of Health, Education,
    and Welfare in coordination with the Secretary" for "the Secretary
    or the Secretary of Health, Education, and Welfare".
      Subsec. (d). Pub. L. 95-164, Sec. 303(a)(1), inserted reference
    to mines other than coal mines.
      Subsec. (e). Pub. L. 95-164, Sec. 303(a)(5), substituted
    "Secretary of the Interior" for "Secretary" and "$60,000,000" for
    "$30,000,000".

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsecs. (a) to
    (e) and (g) pursuant to section 509(b) of Pub. L. 96-88 which is
    classified to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                              EFFECTIVE DATE                          
      Subchapter effective Dec. 30, 1969, see section 509 of Pub. L. 91-
    173, Dec. 30, 1969, 83 Stat. 742, set out as a note under section
    801 of this title.

-End-



-CITE-
    30 USC Sec. 951a                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 951a. Health, Safety, and Mining Technology Research program

-STATUTE-
    (a) Health, Safety, and Mining Technology Research Plan
      (1) Every 5 years, the Secretary of the Interior, acting through
    the Director of the Bureau of Mines (hereinafter in this section
    referred to as the "Director"), shall develop a Plan for Health,
    Safety, and Mining Technology Research (hereinafter in this
    subsection referred to as the "Plan").
      (2) The Plan shall identify the goals and objectives of the
    Health, Safety, and Mining Technology program of the Bureau of
    Mines, and shall guide research and technology development under
    such program, over each 5-year period.
      (3) In preparing the proposed Plan referred to in paragraph (1),
    the Director shall solicit suggestions, comments and proposals for
    research and technology development projects from the mining
    industry, labor, academia and other concerned groups and
    individuals.
    (b) Technical amendment
      For the purposes of section 951(b) of this title, as amended,
    activities in the field of coal or other mine health under such
    section shall also be carried out by the Secretary of the Interior
    acting through the Director of the Bureau of Mines. Nothing in this
    subsection is intended to preclude or duplicate the ongoing
    research activities of the Bureau of Mines on health hazards safety
    technology or research conducted by the National Institute of
    Occupational Safety and Health on coal mine safety and health
    effects.

-SOURCE-
    (Pub. L. 102-486, title XXV, Sec. 2512, Oct. 24, 1992, 106 Stat.
    3111.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Federal Mine Safety and Health Act of 1977 which
    comprises this chapter.

-CHANGE-
                              CHANGE OF NAME                          
      Bureau of Mines redesignated United States Bureau of Mines by
    section 10(b) of Pub. L. 102-285, set out as a note under section 1
    of this title. For provisions relating to closure and transfer of
    functions of the United States Bureau of Mines, see Transfer of
    Functions note set out under section 1 of this title.

-End-



-CITE-
    30 USC Sec. 952                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 952. Training and education

-STATUTE-
    (a) Programs for operators, agents, and miners
      The Secretary shall expand programs for the education and
    training of operators and agents thereof, and miners in - 
        (1) the recognition, avoidance, and prevention of accidents or
      unsafe or unhealthful working conditions in coal or other mines;
      and
        (2) in the use of flame safety lamps, permissible methane
      detectors, and other means approved by the Secretary for
      detecting methane and other explosive gases accurately.
    (b) Technical assistance to operators
      The Secretary shall, to the greatest extent possible, provide
    technical assistance to operators in meeting the requirements of
    this chapter and in further improving the health and safety
    conditions and practices in coal or other mines.
    (c) National Mine Health and Safety Academy
      (1) The National Mine Health and Safety Academy shall be
    maintained as an agency of the Department of Labor. The Academy
    shall be responsible for the training of mine safety and health
    inspectors under section 954 of this title, and in training of
    technical support personnel of the Mine Safety and Health
    Administration established under section 557a of title 29; and for
    any other training programs for mine inspectors, mining personnel,
    or other persons as the Secretary of Labor shall designate. In
    performing this function, the Academy shall have the authority to
    enter into cooperative educational and training agreements with
    educational institutions, State governments, labor organizations,
    and mine operators and related industries. Such training shall be
    conducted by the Academy in accordance with curriculum needs and
    assignment of instructional personnel established by the user.
      (2) Repealed. Pub. L. 96-38, title I, Sec. 100, July 25, 1979, 93
    Stat. 111.
      (3) The Secretary of the Interior shall conduct his safety
    research responsibilities under section 951 of this title in
    coordination with the Secretary of Labor, and the Secretaries of
    Labor and the Interior are authorized to enter into contractual or
    other agreements for the performance of such safety related
    research.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 502, Dec. 30, 1969, 83 Stat. 800;
    Pub. L. 95-164, title III, Sec. 303(b), (h), Nov. 9, 1977, 91 Stat.
    1320, 1321; Pub. L. 96-38, title I, Sec. 100, July 25, 1979, 93
    Stat. 111.)


-MISC1-
                                AMENDMENTS                            
      1979 - Subsec. (c)(1). Pub. L. 96-38 substituted "Department of
    Labor" for "Department of the Interior" and "Secretary of Labor"
    for "Secretaries of Labor and the Interior".
      Subsec. (c)(2). Pub. L. 96-38 struck out par. (2) which directed
    that the National Mine Health and Safety Academy use the facilities
    and personnel of the Department of the Interior and that the
    Secretary of the Interior appoint or assign to the Academy
    necessary officers and employees.
      1977 - Subsecs. (a), (b). Pub. L. 95-164, Sec. 303(b), inserted
    references to mines other than coal mines.
      Subsec. (c). Pub. L. 95-164, Sec. 303(h), added subsec. (c).

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 953                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 953. Assistance to States

-STATUTE-
    (a) Development and enforcement of health and safety regulations;
      improvement of workmen's compensation and occupational disease
      laws; promotion of Federal-State coordination in mine safety
      The Secretary, in coordination with the Secretary of Health and
    Human Services and the Secretary of the Interior, is authorized to
    make grants in accordance with an application approved under this
    section to any State in which coal or other mining takes place - 
        (1) to assist such State in developing and enforcing effective
      coal or other mine health and safety laws and regulations
      consistent with the provisions of section 955 of this title;
        (2) to improve State workmen's compensation and occupational
      disease laws and programs related to coal or other mine
      employment; and
        (3) to promote Federal-State coordination and cooperation in
      improving the health and safety conditions in the coal or other
      mines.
    (b) Application for grants; contents
      The Secretary shall approve any application or any modification
    thereof, submitted under this section by a State, through its
    official coal or other mine inspection or safety agency, which - 
        (1) sets forth the programs, policies, and methods to be
      followed in carrying out the application in accordance with the
      purposes of subsection (a) of this section;
        (2) provides research and planning studies to carry out plans
      designed to improve State workmen's compensation and occupational
      disease laws and programs, as they relate to compensation to
      miners for occupationally caused diseases and injuries arising
      out of employment in any coal or other mine;
        (3) designates such State coal or other mine inspection or
      safety agency as the sole agency responsible for administering
      grants under this section throughout the State, and contains
      satisfactory evidence that such agency will have the authority to
      carry out the purposes of this section;
        (4) gives assurances that such agency has or will employ an
      adequate and competent staff of trained inspectors qualified
      under the laws of such State to make coal or other mine
      inspections within such State;
        (5) provides for the extension and improvement of the State
      program for the improvement of coal or other mine health and
      safety in the State, and provides that no advance notice of an
      inspection will be provided anyone;
        (6) provides such fiscal control and fund accounting procedures
      as may be appropriate to assure proper disbursement and
      accounting of grants made to the States under this section;
        (7) provides that the designated agency will make such reports
      to the Secretary in such form and containing such information as
      the Secretary may from time to time require;
        (8) contains assurances that grants provided under this section
      will supplement, not supplant, existing State coal or other mine
      health and safety programs; and
        (9) meets additional conditions which the Secretary may
      prescribe in furtherance of, and consistent with, the purposes of
      this section.
    (c) Approval by Secretary; notice and hearing
      The Secretary shall not finally disapprove any State application
    or modification thereof without first affording the State agency
    reasonable notice and opportunity for a public hearing.
    (d) Review by Court of Appeals; conclusiveness of findings of
      Secretary; filing of petition
      Any State aggrieved by a decision of the Secretary under
    subsection (b) or (c) of this section may file within thirty days
    from the date of such decision with the United States Court of
    Appeals for the District of Columbia a petition praying that such
    action be modified or set aside in whole or in part. The court
    shall hear such appeal on the record made before the Secretary. The
    decision of the Secretary incorporating his findings of fact
    therein, if supported by substantial evidence on the record
    considered as a whole, shall be conclusive. The court may affirm,
    vacate, or remand the proceedings to the Secretary for such further
    action as it directs. The filing of a petition under this
    subsection shall not stay the application of the decision of the
    Secretary, unless the court so orders. The provisions of section
    816(a), (b), and (c) of this title shall not be applicable to this
    section.
    (e) Programs to train State inspectors
      Any State application or modification thereof submitted to the
    Secretary under this section may include a program to train State
    inspectors.
    (f) Cooperation in implementation of programs; exchange of reports
      between States
      The Secretary shall cooperate with such State in carrying out the
    application or modification thereof and shall, as appropriate,
    develop and, where appropriate, construct facilities for, and
    finance a program of, training of Federal and State inspectors
    jointly. The Secretary shall also cooperate with such State in
    establishing a system by which State and Federal inspection reports
    of coal or other mines located in the State are exchanged for the
    purpose of improving health and safety conditions in such mines.
    (g) Limitation on grants
      The amount granted to any coal or other mining State for a fiscal
    year under this section shall not exceed 80 per centum of the
    amount expended by such State in such year for carrying out such
    application.
    (h) Authorization of appropriations
      There is authorized to be appropriated $3,000,000 for fiscal year
    1970, and $10,000,000 annually in each succeeding fiscal year to
    carry out the provisions of this section, which shall remain
    available until expended. The Secretary shall provide for an
    equitable distribution of sums appropriated for grants under this
    section to the States where there is an approved application,
    except that no less than one-half of such sum shall be allocated to
    coal-producing States.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 503, Dec. 30, 1969, 83 Stat. 800;
    Pub. L. 95-164, title III, Sec. 303(c), Nov. 9, 1977, 91 Stat.
    1320; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.
    695.)


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (a). Pub. L. 95-164, Sec. 303(c)(1), inserted
    reference to mines and mining other than coal mines and coal mining
    and substituted "Secretary of the Interior" for "Secretary of
    Labor".
      Subsecs. (b), (f), (g). Pub. L. 95-164, Sec. 303(c)(1), inserted
    references to mines and mining other than coal mines and coal
    mining.
      Subsec. (h). Pub. L. 95-164, Sec. 303(c)(2), substituted
    "$10,000,000" for "$5,000,000" and inserted requirement that no
    less than one-half of sums appropriated for grants be allocated to
    coal-producing States.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (a)
    pursuant to section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 954                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 954. Appointment of administrative personnel and inspectors;
      qualifications; training programs

-STATUTE-
      The Secretary may, subject to the civil service laws, appoint
    such employees as he deems requisite for the administration of this
    chapter and prescribe their duties. Persons appointed as authorized
    representatives of the Secretary shall be qualified by practical
    experience in mining or by experience as a practical mining
    engineer or by education: Provided, however, That, to the maximum
    extent feasible, in the selection of persons for appointment as
    mine inspectors, no person shall be so selected unless he has the
    basic qualification of at least five years practical mining
    experience and in assigning mine inspectors to the inspection and
    investigation of individual mines, due consideration shall be given
    to the extent possible to their previous experience in the
    particular type of mining operation where such inspections are to
    be made. Persons appointed to assist such representatives in the
    taking of samples of respirable dust for the purpose of enforcing
    subchapter II of this chapter shall be qualified by training,
    experience, or education. The provisions of section 201 of the
    Revenue and Expenditure Control Act of 1968 (82 Stat. 251, 270)
    shall not apply with respect to the appointment of such authorized
    representatives of the Secretary or to persons appointed to assist
    such representatives and to carry out the provisions of this
    chapter, and, in applying the provisions of such section to other
    agencies under the Secretary and to other agencies of the
    Government, such appointed persons shall not be taken into account.
    Such persons shall be adequately trained by the Secretary. The
    Secretary shall develop programs with educational institutions and
    operators designed to enable persons to qualify for positions in
    the administration of this chapter. In selecting persons and
    training and retraining persons to carry out the provisions of this
    chapter, the Secretary shall work with appropriate educational
    institutions, operators, and representatives of miners in
    developing and maintaining adequate programs for the training and
    continuing education of persons, particularly inspectors, and where
    appropriate, the Secretary shall cooperate with such institutions
    in carrying out the provisions of this section by providing
    financial and technical assistance to such institutions.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 505, Dec. 30, 1969, 83 Stat. 802;
    Pub. L. 95-164, title III, Sec. 303(d), Nov. 9, 1977, 91 Stat.
    1320.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in text, are set forth in
    Title 5, Government Organization and Employees. See, particularly,
    section 3301 et seq. of Title 5, Government Organization and
    Employees.
      Section 201 of the Revenue and Expenditure Control Act of 1968
    (82 Stat. 251, 270), referred to in text, is section 201 of Pub. L.
    90-364, title II, June 28, 1968, 82 Stat. 270, which was set out as
    a note under section 3101 of Title 5 and was repealed by Pub. L. 91-
    47, title V, Sec. 503, July 22, 1969, 83 Stat. 83.


-MISC1-
                                AMENDMENTS                            
      1977 - Pub. L. 95-164 substituted "practical experience in
    mining" for "practical experience in the mining of coal" and
    inserted provision requiring that mine inspectors, to the maximum
    feasible extent, be persons with at least five years practical
    mining experience and that in assigning inspectors due
    consideration be given to previous experience in the particular
    type mining operations where inspections are to be made.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                           NUMBER OF INSPECTORS                       
      Section 304 of Pub. L. 95-164 provided that: "Nothing contained
    in this Act [see Short Title of 1977 Amendment note under section
    801 of this title] or any amendment made by this Act shall be
    construed to reduce the number of inspectors engaged in enforcement
    of the Federal Coal Mine Health and Safety Act of 1969 [this
    chapter] and the Federal Metal and Nonmetallic Mine Safety Act
    [section 721 et seq. of this title] as in effect prior to the
    effective date of this Act [120 days after Nov. 9, 1977] or to
    reduce the number of inspectors engaged in the enforcement of the
    Occupational Safety and Health Act of 1970 [section 651 et seq. of
    Title 29, Labor]."

-End-



-CITE-
    30 USC Sec. 955                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 955. State laws

-STATUTE-
      (a) No State law in effect on December 30, 1969 or which may
    become effective thereafter shall be superseded by any provision of
    this chapter or order issued or any mandatory health or safety
    standard, except insofar as such State law is in conflict with this
    chapter or with any order issued or any mandatory health or safety
    standard.
      (b) The provisions of any State law or regulation in effect upon
    the operative date of this chapter, or which may become effective
    thereafter, which provide for more stringent health and safety
    standards applicable to coal or other mines than do the provisions
    of this chapter or any order issued or any mandatory health or
    safety standard shall not thereby be construed or held to be in
    conflict with this chapter. The provisions of any State law or
    regulation in effect December 30, 1969, or which may become
    effective thereafter, which provide for health and safety standards
    applicable to coal or other mines for which no provision is
    contained in this chapter or in any order issued or any mandatory
    health or safety standard, shall not be held to be in conflict with
    this chapter.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 506, Dec. 30, 1969, 83 Stat. 803;
    Pub. L. 95-164, title III, Sec. 303(e), Nov. 9, 1977, 91 Stat.
    1321.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the operative date of this chapter, referred to in subsec.
    (b), see section 509 of Pub. L. 91-173, set out as an Effective
    Date note under section 801 of this title.


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (b). Pub. L. 95-164 inserted reference to mines
    other than coal mines.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 956                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 956. Applicability of administrative procedure provisions

-STATUTE-
      Except as otherwise provided in this chapter, the provisions of
    sections 551 to 559 and sections 701 to 706 of title 5 shall not
    apply to the making of any order, notice, or decision made pursuant
    to this chapter, or to any proceeding for the review thereof.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 507, Dec. 30, 1969, 83 Stat. 803.)

-End-



-CITE-
    30 USC Sec. 957                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 957. Promulgation of regulations

-STATUTE-
      The Secretary, the Secretary of Health and Human Services, the
    Commissioner of Social Security, and the Panel are authorized to
    issue such regulations as each deems appropriate to carry out any
    provision of this chapter.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 508, Dec. 30, 1969, 83 Stat. 803;
    Pub. L. 103-296, title I, Sec. 108(i)(5), Aug. 15, 1994, 108 Stat.
    1488.)


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-296 substituted "Secretary of Health and Human
    Services, the Commissioner of Social Security" for "Secretary of
    Health, Education, and Welfare".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

-End-



-CITE-
    30 USC Sec. 958                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 958. Annual reports to Congress; contents

-STATUTE-
      (a) Within one hundred and twenty days following the convening of
    each session of Congress the Secretary shall submit through the
    President to the Congress and to the Office of Science and
    Technology an annual report upon the subject matter of this
    chapter, the progress concerning the achievement of its purposes,
    the needs and requirements in the field of coal or other mine
    health and safety, the amount and status of each loan made pursuant
    to this chapter, a description and the anticipated cost of each
    project and program he has undertaken under sections 861(b) and 951
    of this title, and any other relevant information, including any
    recommendations he deems appropriate.
      (b) Repealed. Pub. L. 96-470, title I, Sec. 106(f), Oct. 19,
    1980, 94 Stat. 2238.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 511, Dec. 30, 1969, 83 Stat. 803;
    Pub. L. 95-164, title III, Sec. 303(f), Nov. 9, 1977, 91 Stat.
    1321; Pub. L. 96-470, title I, Sec. 106(f), Oct. 19, 1980, 94 Stat.
    2238.)


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (b). Pub. L. 96-470 struck out subsec. (b) which
    provided that within 120 days following the convening of each
    session of Congress, the Secretary of Health, Education, and
    Welfare submit through the President to the Congress and to the
    Office of Science and Technology an annual report on health matters
    covered by this chapter.
      1977 - Subsecs. (a), (b). Pub. L. 95-164 inserted references to
    mines other than coal mines.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (a) of this section relating to requirement to submit annual report
    to Congress, see section 3003 of Pub. L. 104-66, as amended, set
    out as a note under section 1113 of Title 31, Money and Finance,
    and page 124 of House Document No. 103-7.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested by law in Office of Science and Technology and
    in Director or Deputy Director of Office of Science and Technology
    transferred to Director of National Science Foundation, and Office
    of Science and Technology, including offices of Director and Deputy
    Director, provided for by sections 1 and 2 of Reorg. Plan No. 2 of
    1962, eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, was abolished
    by sections 2 and 3(a)(5) of Reorg. Plan No. 1 of 1973, eff. July
    1, 1973, 38 F.R. 9579, 87 Stat. 1089, set out in the Appendix to
    Title 5, Government Organization and Employees.

-End-



-CITE-
    30 USC Sec. 959                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 959. Study of coordination of Federal and State activities;
      report

-STATUTE-
      (a) The Secretary shall make a study to determine the best manner
    to coordinate Federal and State activities in the field of coal or
    other mine health and safety so as to achieve (1) maximum health
    and safety protection for miners, (2) an avoidance of duplication
    of effort, (3) maximum effectiveness, (4) a reduction of delay to a
    minimum, and (5) most effective use of Federal inspectors.
      (b) The Secretary shall make a report of the results of his study
    to the Congress as soon as practicable after December 30, 1969.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 512, Dec. 30, 1969, 83 Stat. 804;
    Pub. L. 95-164, title III, Sec. 303(g), Nov. 9, 1977, 91 Stat.
    1321.)


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (a). Pub. L. 95-164 inserted reference to mines
    other than coal mines.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
    1977, except as otherwise provided, see section 307 of Pub. L. 95-
    164, set out as a note under section 801 of this title.

-End-



-CITE-
    30 USC Sec. 960                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 960. Limitation on issuance of temporary restraining order or
      preliminary injunction

-STATUTE-
      In any proceeding in which the validity of any interim mandatory
    health or safety standard set forth in subchapters II and III of
    this chapter is in issue, no justice, judge, or court of the United
    States shall issue any temporary restraining order or preliminary
    injunction restraining the enforcement of such standard pending a
    determination of such issue on its merits.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 513, Dec. 30, 1969, 83 Stat. 804.)

-End-



-CITE-
    30 USC Sec. 961                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 961. Functions transferred under 1977 amendments

-STATUTE-
    (a) Transfer of functions to Secretary of Labor
      Except with respect to the functions assigned to the Secretary of
    the Interior pursuant to section 501 of the Federal Coal Mine
    Health and Safety Act of 1969 [30 U.S.C. 951], the functions of the
    Secretary of the Interior under the Federal Coal Mine Health and
    Safety Act of 1969, as amended [30 U.S.C. 801 et seq.], and the
    Federal Metal and Nonmetallic Mine Safety Act [30 U.S.C. 721 et
    seq.] are transferred to the Secretary of Labor, except those which
    are expressly transferred to the Commission by this Act. Effective
    on the date of enactment of this Act, Health (!1) and Safety
    Academy is transferred to the Secretary of Labor.

    (b) Existing mandatory standards; review by advisory committee;
      recommendations
      (1) The mandatory standards relating to mines, issued by the
    Secretary of the Interior under the Federal Metal and Nonmetallic
    Mine Safety Act [30 U.S.C. 721 et seq.] and standards and
    regulations under the Federal Coal Mine Health and Safety Act of
    1969 [30 U.S.C. 801 et seq.] which are in effect on November 9,
    1977, shall remain in effect as mandatory health or safety
    standards applicable to metal and nonmetallic mines and to coal
    mines respectively under the Federal Mine Safety and Health Act of
    1977 [30 U.S.C. 801 et seq.] until such time as the Secretary of
    Labor shall issue new or revised mandatory health or safety
    standards applicable to metal and nonmetallic mines and new or
    revised mandatory health or safety standards applicable to coal
    mines.
      (2) Within 60 days after November 9, 1977, the Secretary of Labor
    in consultation with the Secretary of the Interior shall establish
    an advisory committee under section 102 of the Federal Mine Safety
    and Health Act of 1977 [30 U.S.C. 812] which shall, within 180 days
    after the date of the establishment of such advisory committee,
    review the advisory health and safety standards issued by the
    Secretary of the Interior under the Federal Metal and Nonmetallic
    Mine Safety Act and recommend to the Secretary of Labor which of
    those standards (or any modifications of such standards which do
    not substantially diminish the health and safety of miners) should
    be promulgated as mandatory health or safety standards. The
    Secretary of Labor shall publish, within 60 days after any
    recommendations of the advisory committee under this paragraph,
    each of the standards so recommended for adoption with or without
    modifications as a proposed mandatory health or safety standard
    under this section by publication of such standard in the Federal
    Register, and afford interested persons a period of 25 days after
    publication to submit written data or comment. Within 30 days after
    the close of the comment period specified in the preceding
    sentence, the Secretary of Labor shall promulgate by publication in
    the Federal Register mandatory health or safety standards based
    upon the advisory committee recommendation with or without
    modification, and the data and comments received thereon, unless
    the Secretary of Labor determines that such standards will not
    promote the health and safety of miners and publishes an
    explanation of that determination in the Federal Register.
    (c) Unexpended appropriations; personnel; property; records;
      obligations; commitments; savings provisions; pending proceedings
      and suits
      (1) All unexpended balances of appropriations, personnel,
    property, records, obligations, and commitments which are used
    primarily with respect to any functions transferred under the
    provisions of subsection (a) of this section to the Secretary of
    Labor shall be transferred to the Department of Labor or the
    Commission, as appropriate. The transfer of personnel pursuant to
    this paragraph shall be without reduction in classification or
    compensation for one year after such transfer, except that the
    Secretary of Labor shall have full authority to assign personnel
    during such one-year period in order to efficiently carry out
    functions transferred to him under this Act.
      (2) All orders, decisions, determinations, rules, regulations,
    permits, contracts, certificates, licenses, and privileges (A)
    which have been issued, made, granted, or allowed to become
    effective in the exercise of functions which are transferred under
    this section by any department or agency, any functions of which
    are transferred by this section, and (B) which are in effect at the
    time this section takes effect, shall continue in effect according
    to their terms until modified, terminated, superseded, set aside,
    revoked, or repealed by the Secretary of Labor, the Federal Mine
    Safety and Health Review Commission or other authorized officials,
    by any court of competent jurisdiction, or by operation of law.
      (3) The provisions of this section shall not affect any
    proceedings pending at the time this section takes effect before
    any department, agency, or component thereof, functions of which
    are transferred by this section, except that such proceedings, to
    the extent that they relate to functions so transferred, shall be
    continued before the Secretary of Labor or the Federal Mine Safety
    and Health Review Commission. Orders shall be issued in such
    proceedings, appeals shall be taken therefrom, and payments shall
    be made pursuant to such orders, as if this section had not been
    enacted; and orders issued in any such proceedings shall continue
    in effect until modified, terminated, superseded, revoked, or
    repealed by the Secretary of Labor, the Federal Mine Safety and
    Health Review Commission, by a court of competent jurisdiction, or
    by operation of law. Nothing in this subsection shall be deemed to
    prohibit the discontinuance or modification of any proceeding under
    the same terms and conditions and to the same extent that such
    proceeding could have been discontinued if this section had not
    been enacted.
      (4) The provisions of this section shall not affect suits
    commenced prior to the date this section takes effect and in all
    such suits proceedings shall be had, appeals taken, and judgments
    rendered, in the same manner and effect as if this section had not
    been enacted; except that if before the date on which this section
    takes effect, any department or agency (or officer thereof in his
    official capacity) is a party to a suit involving functions
    transferred to the Secretary, then such suit shall be continued by
    the Secretary of Labor. No cause of action, and no suit, action, or
    other proceeding, by or against any department or agency (or
    officer thereof in his official capacity) functions of which are
    transferred by this section, shall abate by reason of the enactment
    of this section. Causes of actions, suits, actions, or other
    proceedings may be asserted by or against the United States or the
    Secretary as may be appropriate and, in any litigation pending when
    this section takes effect, the court may at any time, on its own
    motion or that of any party, enter an order which will give effect
    to the provisions of this paragraph.
    (d) "Function" defined
      For purposes of this section, (1) the term "function" includes
    power and duty, and (2) the transfer of a function, under any
    provision of law, of an agency or the head of a department shall
    also be a transfer of all functions under such law which are
    exercised by any officer (!2) or officer of such agency or
    department.

    (e) Determinations by Director of Office of Management and Budget
      The Director of the Office of Management and Budget in
    consultation with the Secretary of Labor and the Secretary of the
    Interior is authorized and directed to make such determinations as
    may be necessary with regard to the dispositions of personnel,
    personnel positions, property, records, assets, liabilities,
    contracts, obligations, commitments, unexpended balances of
    appropriations, authorizations, allocations, and other funds
    employed, held, used, arising from, available or to be made
    available, in connection with the functions transferred by this Act
    as he may deem necessary to accomplish the purposes of this Act.

-SOURCE-
    (Pub. L. 95-164, title III, Sec. 301, Nov. 9, 1977, 91 Stat. 1317;
    Pub. L. 96-38, title I, Sec. 100, July 25, 1979, 93 Stat. 111.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Coal Mine Health and Safety Act of 1969, referred to
    in subsecs. (a) and (b)(1), is Pub. L. 91-173, Dec. 30, 1969, 83
    Stat. 742, as amended, which was redesignated the Federal Mine
    Safety and Health Act of 1977 by Pub. L. 95-164, title I, Sec. 101,
    Nov. 9, 1977, 91 Stat. 1290, and is classified principally to this
    chapter (Sec. 801 et seq.). For complete classification of this Act
    to the Code, see Short Title note set out under section 801 of this
    title and Tables.
      The Federal Metal and Nonmetallic Mine Safety Act, referred to in
    subsecs. (a) and (b), is Pub. L. 89-577, Sept. 16, 1966, 80 Stat.
    772, which was classified generally to chapter 21 (Sec. 721 et
    seq.) of this title and was repealed by Pub. L. 95-164, title III,
    Sec. 306(a), Nov. 9, 1977, 91 Stat. 1322.
      This Act, referred to in subsecs. (a), (c)(1), and (e), means
    Pub. L. 95-164, Nov. 9, 1977, 91 Stat. 1290, known as the Federal
    Mine Safety and Health Amendments Act of 1977, which enacted
    sections 822 to 825 and 961 of this title and section 557a of Title
    29, Labor, amended sections 801 to 804, 811 to 821, 842, 861, 878,
    951 to 955, 958, and 959 of this title and sections 5314 and 5315
    of Title 5, Government Organization and Employees, repealed
    sections 721 to 740 of this title and section 1456a of Title 43,
    Public Lands, and enacted provisions set out as notes under
    sections 801 and 954 of this title and section 11 of former Title
    31, Money and Finance. For complete classification of this Act to
    the Code, see Short Title of 1977 Amendment note set out under
    section 801 of this title and Tables.
      The date of enactment of this Act, referred to in subsec. (a), is
    the date of enactment of Pub. L. 95-164, which was approved Nov. 9,
    1977.
      The Health and Safety Academy, referred to in subsec. (a),
    probably means the National Mine Health and Safety Academy. See
    section 952(c) of this title.
      The Federal Mine Safety and Health Act of 1977, referred to in
    subsec. (b)(1), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as
    amended by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91
    Stat. 1290, which is classified principally to this chapter (Sec.
    801 et seq.). For complete classification of this Act to the Code,
    see Short Title note set out under section 801 of this title and
    Tables.
      For the time this section takes effect, referred to in subsec.
    (c)(2) and (4), see Effective Date of 1977 Amendment note set out
    under section 801 of this title.

-COD-
                               CODIFICATION                           
      Section was enacted as part of Pub. L. 95-164, known as the
    Federal Mine Safety and Health Amendments Act of 1977, and not as
    part of Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, known as the
    Federal Mine Safety and Health Act of 1977 which comprises this
    chapter.


-MISC1-
                                AMENDMENTS                            
      1979 - Subsec. (a). Pub. L. 96-38 inserted provision transferring
    the Health and Safety Academy to the Secretary of Labor.

                              EFFECTIVE DATE                          
      For the effective date of this section, see section 307 of Pub.
    L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "the Health".

    (!2) So in original. Probably should be "office".


-End-



-CITE-
    30 USC Sec. 962                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 962. Acceptance of contributions and prosecution of projects;
      cooperative programs to promote health and safety education and
      training; recognition and funding of Joseph A. Holmes Safety
      Association; use of funds for costs of mine rescue and survival
      operations

-STATUTE-
      The Secretary is authorized to accept lands, buildings,
    equipment, and other contributions from public and private sources
    and to prosecute projects in cooperation with other agencies,
    Federal, State, or private; the Mine Safety and Health
    Administration is authorized to promote health and safety education
    and training in the mining community through cooperative programs
    with States, industry, and safety associations; the Secretary is
    authorized to recognize the Joseph A. Holmes Safety Association as
    a principal safety association and, notwithstanding any other
    provision of law, may provide funds and, with or without
    reimbursement, personnel, including service of Mine Safety and
    Health Administration officials as officers in local chapters or in
    the national organization; and any funds available to the
    department may be used, with the approval of the Secretary, to
    provide for the costs of mine rescue and survival operations in the
    event of a major disaster.

-SOURCE-
    (Pub. L. 109-149, title I, Dec. 30, 2005, 119 Stat. 2841.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the appropriation act cited as the
    credit to this section, and not as part of the Federal Mine Safety
    and Health Act of 1977 which comprises this chapter.


-MISC1-
                            SIMILAR PROVISIONS                        
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-447, div. F, title I, Dec. 8, 2004, 118 Stat. 3120.
      Pub. L. 108-199, div. E, title I, Jan. 23, 2004, 118 Stat. 233.
      Pub. L. 108-7, div. G, title I, Feb. 20, 2003, 117 Stat. 305.
      Pub. L. 107-116, title I, Jan. 10, 2002, 115 Stat. 2183.
      Pub. L. 106-554, Sec. 1(a)(1) [title I], Dec. 21, 2000, 114 Stat.
    2763, 2763A-9.
      Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title I], Nov. 29,
    1999, 113 Stat. 1535, 1501A-223.
      Pub. L. 105-277, div. A, Sec. 101(f) [title I], Oct. 21, 1998,
    112 Stat. 2681-337, 2681-344.
      Pub. L. 105-78, title I, Nov. 13, 1997, 111 Stat. 1475.
      Pub. L. 104-208, div. A, title I, Sec. 101(e) [title I], Sept.
    30, 1996, 110 Stat. 3009-233, 3009-240.
      Pub. L. 104-134, title I, Sec. 101(d) [title I], Apr. 26, 1996,
    110 Stat. 1321-211, 1321-218; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-333, title I, Sept. 30, 1994, 108 Stat. 2545.
      Pub. L. 103-112, title I, Oct. 21, 1993, 107 Stat. 1088.
      Pub. L. 102-394, title I, Oct. 6, 1992, 106 Stat. 1797.
      Pub. L. 102-170, title I, Nov. 26, 1991, 105 Stat. 1112.
      Pub. L. 101-517, title I, Nov. 5, 1990, 104 Stat. 2195.
      Pub. L. 101-166, title I, Nov. 21, 1989, 103 Stat. 1164.
      Pub. L. 100-436, title I, Sept. 20, 1988, 102 Stat. 1686.
      Pub. L. 100-202, Sec. 101(h) [title I], Dec. 22, 1987, 101 Stat.
    1329-256, 1329-262.
      Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title I], Oct. 18, 1986,
    100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233,
    title I], Oct. 30, 1986, 100 Stat. 3341-287.
      Pub. L. 99-178, title I, Dec. 12, 1985, 99 Stat. 1107.
      Pub. L. 98-619, title I, Nov. 8, 1984, 98 Stat. 3310.
      Pub. L. 98-139, title I, Oct. 31, 1983, 97 Stat. 876.
      Pub. L. 97-377, title I, Sec. 101(e)(1) [title I], Dec. 21, 1982,
    96 Stat. 1878, 1883.
      Pub. L. 97-92, Sec. 101(a) [H.R. 4560, title I], Dec. 15, 1981,
    95 Stat. 1183.
      Pub. L. 96-536, Sec. 101(a) [incorporating H.R. 4389, title I,
    for FY 1980], Dec. 16, 1980, 94 Stat. 3166.
      Pub. L. 96-123, Sec. 101(g) [H.R. 4389, title I], Nov. 20, 1979,
    93 Stat. 925.
      Pub. L. 95-480, title I, Oct. 18, 1978, 92 Stat. 1570.
      Pub. L. 95-355, title I, Sept. 8, 1978, 92 Stat. 529.

-End-



-CITE-
    30 USC Sec. 963                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 963. Technical Study Panel

-STATUTE-
    (a) Establishment
      There is established a Technical Study Panel (referred to in this
    section as the "Panel") which shall provide independent scientific
    and engineering review and recommendations with respect to the
    utilization of belt air and the composition and fire retardant
    properties of belt materials in underground coal mining.
    (b) Membership
      The Panel shall be composed of - 
        (1) two individuals to be appointed by the Secretary of Health
      and Human Services, in consultation with the Director of the
      National Institute for Occupational Safety and Health and the
      Associate Director of the Office of Mine Safety;
        (2) two individuals to be appointed by the Secretary of Labor,
      in consultation with the Assistant Secretary for Mine Safety and
      Health; and
        (3) two individuals, one to be appointed jointly by the
      majority leaders of the Senate and House of Representatives and
      one to be appointed jointly by the minority leader of the Senate
      and House of Representatives, each to be appointed prior to the
      sine die adjournment of the second session of the 109th Congress.
    (c) Qualifications
      Four of the six individuals appointed to the Panel under
    subsection (b) shall possess a masters or doctoral level degree in
    mining engineering or another scientific field demonstrably related
    to the subject of the report. No individual appointed to the Panel
    shall be an employee of any coal or other mine, or of any labor
    organization, or of any State or Federal agency primarily
    responsible for regulating the mining industry.
    (d) Report
      (1) In general
        Not later than 1 year after the date on which all members of
      the Panel are appointed under subsection (b), the Panel shall
      prepare and submit to the Secretary of Labor, the Secretary of
      Health and Human Services, the Committee on Health, Education,
      Labor, and Pensions of the Senate, and the Committee on Education
      and the Workforce of the House of Representatives a report
      concerning the utilization of belt air and the composition and
      fire retardant properties of belt materials in underground coal
      mining.
      (2) Response by Secretary
        Not later than 180 days after the receipt of the report under
      paragraph (1), the Secretary of Labor shall provide a response to
      the Committee on Health, Education, Labor, and Pensions of the
      Senate and the Committee on Education and the Workforce of the
      House of Representatives containing a description of the actions,
      if any, that the Secretary intends to take based upon the report,
      including proposing regulatory changes, and the reasons for such
      actions.
    (e) Compensation
      Members appointed to the Panel, while carrying out the duties of
    the Panel shall be entitled to receive compensation, per diem in
    lieu of subsistence, and travel expenses in the same manner and
    under the same conditions as that prescribed under section 210(c)
    of title 42.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 514, as added Pub. L. 109-236, Sec.
    11, June 15, 2006, 120 Stat. 501.)

-End-



-CITE-
    30 USC Sec. 964                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 964. Scholarships

-STATUTE-
    (a) Establishment
      The Secretary of Education (referred to in this section as the
    "Secretary"), in consultation with the Secretary of Labor and the
    Secretary of Health and Human Services, shall establish a program
    to provide scholarships to eligible individuals to increase the
    skilled workforce for both private sector coal mine operators and
    mine safety inspectors and other regulatory personnel for the Mine
    Safety and Health Administration.
    (b) Fundamental skills scholarships
      (1) In general
        Under the program under subsection (a), the Secretary may award
      scholarship to fully or partially pay the tuition costs of
      eligible individuals enrolled in 2-year associate's degree
      programs at community colleges or other colleges and universities
      that focus on providing the fundamental skills and training that
      is of immediate use to a beginning coal miner.
      (2) Skills
        The skills described in paragraph (1) shall include basic math,
      basic health and safety, business principles, management and
      supervisory skills, skills related to electric circuitry, skills
      related to heavy equipment operations, and skills related to
      communications.
      (3) Eligibility
        To be eligible to receive a scholarship under this subsection
      an individual shall - 
          (A) have a high school diploma or a GED;
          (B) have at least 2 years experience in full-time employment
        in mining or mining-related activities;
          (C) submit to the Secretary an application at such time, in
        such manner, and containing such information; and
          (D) demonstrate an interest in working in the field of mining
        and performing an internship with the Mine Safety and Health
        Administration or the National Institute for Occupational
        Safety and Health Office of Mine Safety.
    (c) Mine safety inspector scholarships
      (1) In general
        Under the program under subsection (a), the Secretary may award
      scholarship to fully or partially pay the tuition costs of
      eligible individuals enrolled in undergraduate bachelor's degree
      programs at accredited colleges or universities that provide the
      skills needed to become mine safety inspectors.
      (2) Skills
        The skills described in paragraph (1) include skills developed
      through programs leading to a degree in mining engineering, civil
      engineering, mechanical engineering, electrical engineering,
      industrial engineering, environmental engineering, industrial
      hygiene, occupational health and safety, geology, chemistry, or
      other fields of study related to mine safety and health work.
      (3) Eligibility
        To be eligible to receive a scholarship under this subsection
      an individual shall - 
          (A) have a high school diploma or a GED;
          (B) have at least 5 years experience in full-time employment
        in mining or mining-related activities;
          (C) submit to the Secretary an application at such time, in
        such manner, and containing such information; and
          (D) agree to be employed for a period of at least 5 years at
        the Mine Safety and Health Administration or, to repay, on a
        pro-rated basis, the funds received under this program, plus
        interest, at a rate established by the Secretary upon the
        issuance of the scholarship.
    (d) Advanced research scholarships
      (1) In general
        Under the program under subsection (a), the Secretary may award
      scholarships to fully or partially pay the tuition costs of
      eligible individuals enrolled in undergraduate bachelor's degree,
      masters degree, and Ph.D. degree programs at accredited colleges
      or universities that provide the skills needed to augment and
      advance research in mine safety and to broaden, improve, and
      expand the universe of candidates for mine safety inspector and
      other regulatory positions in the Mine Safety and Health
      Administration.
      (2) Skills
        The skills described in paragraph (1) include skills developed
      through programs leading to a degree in mining engineering, civil
      engineering, mechanical engineering, electrical engineering,
      industrial engineering, environmental engineering, industrial
      hygiene, occupational health and safety, geology, chemistry, or
      other fields of study related to mine safety and health work.
      (3) Eligibility
        To be eligible to receive a scholarship under this subsection
      an individual shall - 
          (A) have a bachelor's degree or equivalent from an accredited
        4-year institution;
          (B) have at least 5 years experience in full-time employment
        in underground mining or mining-related activities; and
          (C) submit to the Secretary an application at such time, in
        such manner, and containing such information.
    (e) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 91-173, title V, Sec. 515, as added Pub. L. 109-236, Sec.
    12, June 15, 2006, 120 Stat. 502.)

-End-



-CITE-
    30 USC Sec. 965                                             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 22 - MINE SAFETY AND HEALTH
    SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 965. Brookwood-Sago Mine Safety Grants

-STATUTE-
    (a) In general
      The Secretary of Labor shall establish a program to award
    competitive grants for education and training, to be known as
    Brookwood-Sago Mine Safety Grants, to carry out the purposes of
    this section.
    (b) Purposes
      It is the purpose of this section,(!1) to provide for the funding
    of education and training programs to better identify, avoid, and
    prevent unsafe working conditions in and around mines.

    (c) Eligibility
      To be eligible to receive a grant under this section, an entity
    shall - 
        (1) be a public or private nonprofit entity; and
        (2) submit to the Secretary of Labor an application at such
      time, in such manner, and containing such information as the
      Secretary may require.
    (d) Use of funds
      Amounts received under a grant under this section shall be used
    to establish and implement education and training programs, or to
    develop training materials for employers and miners, concerning
    safety and health topics in mines, as determined appropriate by the
    Mine Safety and Health Administration.
    (e) Awarding of grants
      (1) Annual basis
        Grants under this section shall be awarded on an annual basis.
      (2) Special emphasis
        In awarding grants under this section, the Secretary of Labor
      shall give special emphasis to programs and materials that target
      workers in smaller mines, including training miners and employers
      about new Mine Safety and Health Administration standards, high
      risk activities, or hazards identified by such Administration.
      (3) Priority
        In awarding grants under this section, the Secretary of Labor
      shall give priority to the funding of pilot and demonstration
      projects that the Secretary determines will provide opportunities
      for broad applicability for mine safety.
    (f) Evaluation
      The Secretary of Labor shall use not less than 1 percent of the
    funds made available to carry out this section in a fiscal year to
    conduct evaluations of the projects funded under grants under this
    section.
    (g) Authorization of appropriations
      There are authorized to be appropriated for each fiscal year,
    such sums as may be necessary to carry out this section.

-SOURCE-
    (Pub. L. 109-236, Sec. 14, June 15, 2006, 120 Stat. 504.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mine Improvement and New
    Emergency Response Act of 2006, also known as the MINER Act, and
    not as part of the Federal Mine Safety and Health Act of 1977 which
    comprises this chapter.

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-


-CITE-
    30 USC CHAPTER 23 - GEOTHERMAL RESOURCES                    01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
                     CHAPTER 23 - GEOTHERMAL RESOURCES                 

-MISC1-
    Sec.                                                     
    1001.       Definitions.                                          
    1002.       Lands subject to geothermal leasing.                  
    1002a.      Repealed.                                             
    1003.       Leasing procedures.                                   
    1004.       Rents and royalties.                                  
    1005.       Lease term and work commitment requirements.          
    1006.       Acreage limitations.                                  
    1007.       Readjustment of lease terms and conditions.           
    1008.       Byproducts.                                           
    1009.       Relinquishment of geothermal rights.                  
    1010.       Suspension of operations and production.              
    1011.       Termination of leases.                                
    1012.       Waiver, suspension, or reduction of rental or royalty.
    1013.       Surface land use.                                     
    1014.       Lands subject to geothermal leasing.                  
    1015.       Requirement for lessees.                              
    1016.       Administration.                                       
    1017.       Unit and communitization agreements.                  
    1018.       Data from Federal agencies.                           
    1019.       Disposal of moneys from sales, bonuses, rentals, and
                 royalties.                                           
    1020.       Publication in Federal Register; reservation of
                 mineral rights.                                      
    1021.       Federal exemption from State water laws.              
    1022.       Prevention of waste; exclusivity.                     
    1023.       Rules and regulations.                                
    1024.       Inclusion of geothermal leasing under certain other
                 laws.                                                
    1025.       Federal reservation of certain mineral rights.        
    1026.       Significant thermal features.                         
    1027.       Land subject to prohibition on leasing.               
    1028.       Hot dry rock geothermal energy.                       

-End-



-CITE-
    30 USC Sec. 1001                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1001. Definitions

-STATUTE-
      As used in this chapter, the term - 
        (a) "Secretary" means the Secretary of the Interior;
        (b) "geothermal lease" means a lease issued under authority of
      this chapter;
        (c) "geothermal resources" means (i) all products of geothermal
      processes, embracing indigenous steam, hot water and hot brines;
      (ii) steam and other gases, hot water and hot brines resulting
      from water, gas, or other fluids artificially introduced into
      geothermal formations; (iii) heat or other associated energy
      found in geothermal formations; and (iv) any byproduct derived
      from them;
        (d) "byproduct" means any mineral or minerals (exclusive of
      oil, hydrocarbon gas, and helium) which are found in solution or
      in association with geothermal steam and which have a value of
      less than 75 per centum of the value of the geothermal steam or
      are not, because of quantity, quality, or technical difficulties
      in extraction and production, of sufficient value to warrant
      extraction and production by themselves;
        (e) "known geothermal resources area" means an area in which
      the geology, nearby discoveries, competitive interests, or other
      indicia would, in the opinion of the Secretary, engender a belief
      in men who are experienced in the subject matter that the
      prospects for extraction of geothermal steam or associated
      geothermal resources are good enough to warrant expenditures of
      money for that purpose.
        (f) "Significant (!1) thermal features within units of the
      National Park System" shall include, but not be limited to, the
      following:

          (1) Thermal features within units of the National Park System
        listed in Section (!1) 1026(a)(1) of this title and designated
        as significant in the Federal Register notice of August 3, 1987
        (Vol. 52, No. 148 Fed. Reg. 28790).
          (2) Crater Lake National Park.
          (3) Thermal features within Big Bend National Park and Lake
        Mead National Recreation Area proposed as significant in the
        Federal Register notice of February 13, 1987 (Vol. 52, No. 30
        Fed. Reg. 4700).
          (4) Thermal features within units of the National Park System
        added to the significant thermal features list pursuant to
        section 1026(a)(2) of this title.

        (g) "direct use" means utilization of geothermal resources for
      commercial, residential, agricultural, public facilities, or
      other energy needs other than the commercial production of
      electricity; and (!2)


-SOURCE-
    (Pub. L. 91-581, Sec. 2, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 100-
    443, Sec. 2(a), Sept. 22, 1988, 102 Stat. 1766; Pub. L. 109-58,
    title II, Sec. 236(1), (2), (5), Aug. 8, 2005, 119 Stat. 671.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58, Sec. 236(5), inserted section catchline.
      Par. (c). Pub. L. 109-58, Sec. 236(1), substituted "geothermal
    resources" for "geothermal steam and associated geothermal
    resources".
      Par. (g). Pub. L. 109-58, Sec. 236(2), added par. (g).
      1988 - Par. (f). Pub. L. 100-443 added par. (f).

                       SHORT TITLE OF 2005 AMENDMENT                   
      Pub. L. 109-58, title II, Sec. 221, Aug. 8, 2005, 119 Stat. 660,
    provided that: "This subtitle [subtitle B (Secs. 221-237) of title
    II of Pub. L. 109-58, enacting part B (Sec. 15871 et seq.) of
    subchapter II of chapter 149 of Title 42, The Public Health and
    Welfare, amending this section and sections 530 and 1002 to 1027 of
    this title, enacting provisions set out as notes under section 1004
    of this title, and amending provisions set out as a note under this
    section] may be cited as the 'John Rishel Geothermal Steam Act
    Amendments of 2005'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Section 1 of Pub. L. 100-443 provided that: "This Act [enacting
    sections 1026 and 1027 of this title, amending this section and
    sections 191, 226-3, 1005, 1017, and 1019 of this title, and
    enacting provisions set out as notes under sections 1005 and 1026
    of this title] may be known as the 'Geothermal Steam Act Amendments
    of 1988'."

                                SHORT TITLE                            
      Pub. L. 91-581, Sec. 1, Dec. 24, 1970, 84 Stat. 1566, as amended
    by Pub. L. 109-58, title II, Sec. 236(4), Aug. 8, 2005, 119 Stat.
    671, provided that: "This Act [enacting this chapter and amending
    section 530 of this title] may be cited as the 'Geothermal Steam
    Act of 1970'."

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.

               

    (!2) So in original. Probably should end with a period instead
         of "; and".


-End-



-CITE-
    30 USC Sec. 1002                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1002. Lands subject to geothermal leasing

-STATUTE-
      Subject to the provisions of section 1014 of this title, the
    Secretary of the Interior may issue leases for the development and
    utilization of geothermal resources (1) in lands administered by
    him, including public, withdrawn, and acquired lands, (2) in any
    national forest or other lands administered by the Department of
    Agriculture through the Forest Service, including public,
    withdrawn, and acquired lands, and (3) in lands which have been
    conveyed by the United States subject to a reservation to the
    United States of the geothermal resources therein.

-SOURCE-
    (Pub. L. 91-581, Sec. 3, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 109-
    58, title II, Sec. 236(1), (6), Aug. 8, 2005, 119 Stat. 671, 672.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline and substituted
    "geothermal resources" for "geothermal steam and associated
    geothermal resources" in two places in text.

-End-



-CITE-
    30 USC Sec. 1002a                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1002a. Repealed.

-MISC1-
    Sec. 1002a. Repealed. Pub. L. 97-214, Sec. 7(16), July 12, 1982, 96
      Stat. 174.
      Section, Pub. L. 95-356, title VIII, Sec. 803(a), (b), Sept. 8,
    1978, 92 Stat. 585; Pub. L. 96-125, title VIII, Sec. 802(2), Nov.
    26, 1979, 93 Stat. 948; Pub. L. 97-99, title IX, Sec. 908, Dec. 23,
    1981, 95 Stat. 1385, related to development of geothermal energy
    sources on military lands, contracts for provision and operation of
    production facilities and energy purchases, and terms, conditions
    and prerequisites of such contracts. See sections 2917 and 2922a of
    Title 10, Armed Forces.
      Section 803(c) of Pub. L. 95-356, which provided that this
    section take effect Oct. 1, 1978, was repealed by Pub. L. 97-214,
    Sec. 7(16), July 12, 1982, 96 Stat. 174.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1982, and applicable to military
    construction projects, and to construction and acquisition of
    military family housing before, on, or after such date, see section
    12(a) of Pub. L. 97-214, set out as an Effective Date note under
    section 2801 of Title 10, Armed Forces.

-End-



-CITE-
    30 USC Sec. 1003                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1003. Leasing procedures

-STATUTE-
    (a) Nominations
      The Secretary shall accept nominations of land to be leased at
    any time from qualified companies and individuals under this
    chapter.
    (b) Competitive lease sale required
      (1) In general
        Except as otherwise specifically provided by this chapter, all
      land to be leased that is not subject to leasing under subsection
      (c) of this section shall be leased as provided in this
      subsection to the highest responsible qualified bidder, as
      determined by the Secretary.
      (2) Competitive lease sales
        The Secretary shall hold a competitive lease sale at least once
      every 2 years for land in a State that has nominations pending
      under subsection (a) of this section if the land is otherwise
      available for leasing.
      (3) Lands subject to mining claims
        Lands that are subject to a mining claim for which a plan of
      operations has been approved by the relevant Federal land
      management agency may be available for noncompetitive leasing
      under this section to the mining claim holder.
    (c) Noncompetitive leasing
      The Secretary shall make available for a period of 2 years for
    noncompetitive leasing any tract for which a competitive lease sale
    is held, but for which the Secretary does not receive any bids in a
    competitive lease sale.
    (d) Pending lease applications
      (1) In general
        It shall be a priority for the Secretary, and for the Secretary
      of Agriculture with respect to National Forest Systems land, to
      ensure timely completion of administrative actions, including
      amendments to applicable forest plans and resource management
      plans, necessary to process applications for geothermal leasing
      pending on August 8, 2005.(!1) All future forest plans and
      resource management plans for areas with high geothermal resource
      potential shall consider geothermal leasing and development.

      (2) Administration
        An application described in paragraph (1) and any lease issued
      pursuant to the application - 
          (A) except as provided in subparagraph (B), shall be subject
        to this section as in effect on the day before August 8, 2005;
        or
          (B) at the election of the applicant, shall be subject to
        this section as in effect on August 8, 2005.
    (e) Leases sold as a block
      If information is available to the Secretary indicating a
    geothermal resource that could be produced as 1 unit can reasonably
    be expected to underlie more than 1 parcel to be offered in a
    competitive lease sale, the parcels for such a resource may be
    offered for bidding as a block in the competitive lease sale.
    (f) Leasing for direct use of geothermal resources
      Notwithstanding subsection (b) of this section, the Secretary may
    identify areas in which the land to be leased under this chapter
    exclusively for direct use of geothermal resources, without sale
    for purposes other than commercial generation of electricity, may
    be leased to any qualified applicant that first applies for such a
    lease under regulations issued by the Secretary, if the Secretary -
    
        (1) publishes a notice of the land proposed for leasing not
      later than 90 days before the date of the issuance of the lease;
        (2) does not receive during the 90-day period beginning on the
      date of the publication any nomination to include the land
      concerned in the next competitive lease sale; and
        (3) determines there is no competitive interest in the
      geothermal resources in the land to be leased.
    (g) Area subject to lease for direct use
      (1) In general
        Subject to paragraph (2), a geothermal lease for the direct use
      of geothermal resources shall cover not more than the quantity of
      acreage determined by the Secretary to be reasonably necessary
      for the proposed use.
      (2) Limitations
        The quantity of acreage covered by the lease shall not exceed
      the limitations established under section 1006 of this title.

-SOURCE-
    (Pub. L. 91-581, Sec. 4, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 109-
    58, title II, Secs. 222, 223(b), Aug. 8, 2005, 119 Stat. 660,
    662.)

-COD-
                               CODIFICATION                           
      August 8, 2005, referred to in subsec. (d)(1), was in the
    original "the date of enactment of this subsection" which was
    translated as meaning the date of enactment of Pub. L. 109-58,
    which amended this section generally, to reflect the probable
    intent of Congress.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58, Sec. 222, inserted section catchline and
    amended text generally. Prior to amendment, text related to
    competitive bidding requirements, conversion of prior leases to
    geothermal leases, conflicting land interests, conversion of prior
    applications, acreage limitation, regulations, and time for
    payment.
      Subsecs. (f), (g). Pub. L. 109-58, Sec. 223(b), added subsecs.
    (f) and (g).

-FOOTNOTE-
    (!1) See Codification note below.


-End-



-CITE-
    30 USC Sec. 1004                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1004. Rents and royalties

-STATUTE-
    (a) In general
      Geothermal leases shall provide for - 
        (1) a royalty on electricity produced using geothermal
      resources, other than direct use of geothermal resources, that
      shall be - 
          (A) not less than 1 percent and not more than 2.5 percent of
        the gross proceeds from the sale of electricity produced from
        such resources during the first 10 years of production under
        the lease; and
          (B) not less than 2 and not more than 5 percent of the gross
        proceeds from the sale of electricity produced from such
        resources during each year after such 10-year period;

        (2) a royalty on any byproduct that is a mineral specified in
      the first section of the Mineral Leasing Act (30 U.S.C. 181), and
      that is derived from production under the lease, at the rate of
      the royalty that applies under that Act [30 U.S.C. 181 et seq.]
      to production of the mineral under a lease under that Act; and
        (3) payment in advance of an annual rental of not less than - 
          (A) for each of the 1st through 10th years of the lease - 
            (i) in the case of a lease awarded in a noncompetitive
          lease sale, $1 per acre or fraction thereof; or
            (ii) in the case of a lease awarded in a competitive lease
          sale, $2 per acre or fraction thereof for the 1st year and $3
          per acre or fraction thereof for each of the 2nd through 10th
          years; and

          (B) for each year after the 10th year of the lease, $5 per
        acre or fraction thereof; (!1)

    (b) Direct use
      (1) In general
        Notwithstanding subsection (a)(1) of this section, the
      Secretary shall establish a schedule of fees, in lieu of
      royalties for geothermal resources, that a lessee or its
      affiliate - 
          (A) uses for a purpose other than the commercial generation
        of electricity; and
          (B) does not sell.
      (2) Schedule of fees
        The schedule of fees - 
          (A) may be based on the quantity or thermal content, or both,
        of geothermal resources used;
          (B) shall ensure a fair return to the United States for use
        of the resource; and
          (C) shall encourage development of the resource.
      (3) State, tribal, or local governments
        If a State, tribal, or local government is the lessee and uses
      geothermal resources without sale and for public purposes other
      than commercial generation of electricity, the Secretary shall
      charge only a nominal fee for use of the resource.
      (4) Final regulation
        In issuing any final regulation establishing a schedule of fees
      under this subsection, the Secretary shall seek - 
          (A) to provide lessees with a simplified administrative
        system;
          (B) to facilitate development of direct use of geothermal
        resources; and
          (C) to contribute to sustainable economic development
        opportunities in the area.
    (c) Final regulation establishing royalty rates
      In issuing any final regulation establishing royalty rates under
    this section, the Secretary shall seek - 
        (1) to provide lessees a simplified administrative system;
        (2) to encourage new development; and
        (3) to achieve the same level of royalty revenues over a 10-
      year period as the regulation in effect on August 8, 2005.
    (d) Credits for in-kind payments of electricity
      The Secretary may provide to a lessee a credit against royalties
    owed under this chapter, in an amount equal to the value of
    electricity provided under contract to a State or county government
    that is entitled to a portion of such royalties under section 1019
    of this title, section 35 of the Mineral Leasing Act (30 U.S.C.
    191), except as otherwise provided by this section, or section 355
    of this title, if - 
        (1) the Secretary has approved in advance the contract between
      the lessee and the State or county government for such in-kind
      payments;
        (2) the contract establishes a specific methodology to
      determine the value of such credits; and
        (3) the maximum credit will be equal to the royalty value owed
      to the State or county that is a party to the contract and the
      electricity received will serve as the royalty payment from the
      Federal Government to that entity.
    (e) Crediting of rental toward royalty
      Any annual rental under this section that is paid with respect to
    a lease before the first day of the year for which the annual
    rental is owed shall be credited to the amount of royalty that is
    required to be paid under the lease for that year.
    (f) Advanced royalties required for cessation of production
      (1) In general
        Subject to paragraphs (2) and (3), if, at any time after
      commercial production under a lease is achieved, production
      ceases for any reason, the lease shall remain in full force and
      effect for a period of not more than an aggregate number of 10
      years beginning on the date production ceases, if, during the
      period in which production is ceased, the lessee pays royalties
      in advance at the monthly average rate at which the royalty was
      paid during the period of production.
      (2) Reduction
        The amount of any production royalty paid for any year shall be
      reduced (but not below 0) by the amount of any advanced royalties
      paid under the lease to the extent that the advance royalties
      have not been used to reduce production royalties for a prior
      year.
      (3) Exceptions
        Paragraph (1) shall not apply if the cessation in production is
      required or otherwise caused by - 
          (A) the Secretary;
          (B) the Secretary of the Air Force;
          (C) the Secretary of the Army;
          (D) the Secretary of the Navy;
          (E) a State or a political subdivision of a State; or
          (F) a force majeure.
    (g) Termination of lease for failure to pay rental
      (1) In general
        The Secretary shall terminate any lease with respect to which
      rental is not paid in accordance with this chapter and the terms
      of the lease under which the rental is required, on the
      expiration of the 45-day period beginning on the date of the
      failure to pay the rental.
      (2) Notification
        The Secretary shall promptly notify a lessee that has not paid
      rental required under the lease that the lease will be terminated
      at the end of the period referred to in paragraph (1).
      (3) Reinstatement
        A lease that would otherwise terminate under paragraph (1)
      shall not terminate under that paragraph if the lessee pays to
      the Secretary, before the end of the period referred to in
      paragraph (1), the amount of rental due plus a late fee equal to
      10 percent of the amount.

-SOURCE-
    (Pub. L. 91-581, Sec. 5, Dec. 24, 1970, 84 Stat. 1567; Pub. L. 109-
    58, title II, Secs. 223(a), 224(a), 228, 230, 232, 233, 236(7),
    Aug. 8, 2005, 119 Stat. 661, 662, 667-670, 672.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mineral Leasing Act, referred to in subsec. (a)(2), is act
    Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which is
    classified generally to chapter 3A (Sec. 181 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 181 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58, Secs. 223(a)(1)-(3), 224(a)(1), 228,
    230(1)-(3), 233(a), 236(7), inserted section catchline, designated
    existing provisions as subsec. (a) and inserted heading,
    redesignated subpars. (1) and (2) of par. (c) as subpars. (A) and
    (B), respectively, redesignated pars. (a) to (d) as pars. (1) to
    (4), respectively, of subsec. (a), added new pars. (1) to (3) of
    subsec. (a) and struck out former pars. (1) to (4) of subsec. (a)
    which related to royalties for amount or value of steam or other
    form of heat energy, royalty for value of byproducts, payment of
    annual rental, and royalties in lieu of rentals.
      Subsec. (b). Pub. L. 109-58, Sec. 223(a)(4), added subsec. (b).
      Subsecs. (c), (d). Pub. L. 109-58, Sec. 224(a)(2), added subsecs.
    (c) and (d).
      Subsec. (e). Pub. L. 109-58, Sec. 230(4), added subsec. (e).
      Subsec. (f). Pub. L. 109-58, Sec. 232, added subsec. (f).
      Subsec. (g). Pub. L. 109-58, Sec. 233(b), added subsec. (g).

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-58, title II, Sec. 223(c), Aug. 8, 2005, 119 Stat.
    662, provided that: "The schedule of fees established under the
    amendment made by subsection (a)(4) [amending this section] shall
    apply with respect to payments under a lease converted under this
    subsection that are due and owing, and have been paid, on or after
    July 16, 2003. This subsection shall not require the refund of
    royalties paid to a State under section 20 of the Geothermal Steam
    Act of 1970 (30 U.S.C. 1019) prior to the date of enactment of this
    Act [Aug. 8, 2005]."

               INCENTIVES AND ROYALTIES FOR EXISTING LEASES           
      Pub. L. 109-58, title II, Sec. 224(c)-(e), Aug. 8, 2005, 119
    Stat. 663, 664, provided that:
      "(c) Near-Term Production Incentive for Existing Leases. - 
        "(1) In general. - Notwithstanding section 5(a) of the
      Geothermal Steam Act of 1970 [30 U.S.C. 1004(a)], the royalty
      required to be paid shall be 50 percent of the amount of the
      royalty otherwise required, on any lease issued before the date
      of enactment of this Act [Aug. 8, 2005] that does not convert to
      new royalty terms under subsection (e) - 
          "(A) with respect to commercial production of energy from a
        facility that begins such production in the 6-year period
        beginning on the date of enactment of this Act; or
          "(B) on qualified expansion geothermal energy.
        "(2) 4-year application. - Paragraph (1) applies only to new
      commercial production of energy from a facility in the first 4
      years of such production.
      "(d) Definition of Qualified Expansion Geothermal Energy. - In
    this section [amending this section and section 1019 of this title
    and enacting provisions set out as a note under this section], the
    term 'qualified expansion geothermal energy' means geothermal
    energy produced from a generation facility for which - 
        "(1) the production is increased by more than 10 percent as a
      result of expansion of the facility carried out in the 6-year
      period beginning on the date of enactment of this Act [Aug. 8,
      2005]; and
        "(2) such production increase is greater than 10 percent of the
      average production by the facility during the 5-year period
      preceding the expansion of the facility (as such average is
      adjusted to reflect any trend in changes in production during
      that period).
      "(e) Royalty Under Existing Leases. - 
        "(1) In general. - Any lessee under a lease issued under the
      Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) before the
      date of enactment of this Act [Aug. 8, 2005] may, within the time
      period specified in paragraph (2), submit to the Secretary of the
      Interior a request to modify the terms of the lease relating to
      payment of royalties to provide - 
          "(A) in the case of a lease that meets the requirements of
        subsection (b) of section 5 of the Geothermal Steam Act of 1970
        (30 U.S.C. 1004) (as amended by section 223), that royalties be
        based on the schedule of fees established under that section;
        and
          "(B) in the case of any other lease, that royalties be
        computed on a percentage of the gross proceeds from the sale of
        electricity, at a royalty rate that is expected to yield total
        royalty payments equivalent to payments that would have been
        received for comparable production under the royalty rate in
        effect for the lease before the date of enactment of this
        subsection.
        "(2) Timing. - A request for a modification under paragraph (1)
      shall be submitted to the Secretary of the Interior by the date
      that is not later than - 
          "(A) in the case of a lease for direct use, 18 months after
        the effective date of the schedule of fees established by the
        Secretary of the Interior under section 5 of the Geothermal
        Steam Act of 1970 (30 U.S.C. 1004); or
          "(B) in the case of any other lease, 18 months after the
        effective date of the final regulation issued under subsection
        (a) [amending this section].
        "(3) Application of modification. - If the lessee requests
      modification of a lease under paragraph (1) - 
          "(A) the Secretary of the Interior shall, within 180 days
        after the receipt of the request for modification, modify the
        lease to comply with - 
            "(i) in the case of a lease for direct use, the schedule of
          fees established by the Secretary under section 5 of the
          Geothermal Steam Act of 1970 (30 U.S.C. 1004); or
            "(ii) in the case of any other lease, the royalty for the
          lease established under paragraph (1)(B); and
          "(B) the modification shall apply to any use of geothermal
        resources to which subsection (a) [amending this section]
        applies that occurs after the date of the modification.
        "(4) Consultation. - The Secretary of the Interior shall
      consult with the State and local governments affected by any
      proposed changes in lease royalty terms under this subsection."

-FOOTNOTE-               

    (!1) So in original. The semicolon probably should be a period.


-End-



-CITE-
    30 USC Sec. 1005                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1005. Lease term and work commitment requirements

-STATUTE-
    (a) In general
      (1) Primary term
        A geothermal lease shall be for a primary term of 10 years.
      (2) Initial extension
        The Secretary shall extend the primary term of a geothermal
      lease for 5 years if, for each year after the 10th year of the
      lease - 
          (A) the Secretary determined under subsection (b) of this
        section that the lessee satisfied the work commitment
        requirements that applied to the lease for that year; or
          (B) the lessee paid in annual payments accordance with
        subsection (c) of this section.
      (3) Additional extension
        The Secretary shall extend the primary term of a geothermal
      lease (after an initial extension under paragraph (2)) for an
      additional 5 years if, for each year of the initial extension
      under paragraph (2), the Secretary determined under subsection
      (b) of this section that the lessee satisfied the minimum work
      requirements that applied to the lease for that year.
    (b) Requirement to satisfy annual minimum work requirement
      (1) In general
        The lessee for a geothermal lease shall, for each year after
      the 10th year of the lease, satisfy minimum work requirements
      prescribed by the Secretary that apply to the lease for that
      year.
      (2) Prescription of minimum work requirements
        The Secretary shall issue regulations prescribing minimum work
      requirements for geothermal leases, that - 
          (A) establish a geothermal potential; and
          (B) if a geothermal potential has been established, confirm
        the existence of producible geothermal resources.
    (c) Payments in lieu of minimum work requirements
      In lieu of the minimum work requirements set forth in subsection
    (b)(2) of this section, the Secretary shall by regulation establish
    minimum annual payments which may be made by the lessee for a
    limited number of years that the Secretary determines will not
    impair achieving diligent development of the geothermal resource,
    but in no event shall the number of years exceed the duration of
    the extension period provided in subsection (a) of this section.
    (d) Transition rules for leases issued prior to August 8, 2005
      The Secretary shall by regulation establish transition rules for
    leases issued before August 8, 2005, including terms under which a
    lease that is near the end of its term on August 8, 2005, may be
    extended for up to 2 years - 
        (1) to allow achievement of production under the lease; or
        (2) to allow the lease to be included in a producing unit.
    (e) Geothermal lease overlying mining claim
      (1) Exemption
        The lessee for a geothermal lease of an area overlying an area
      subject to a mining claim for which a plan of operations has been
      approved by the relevant Federal land management agency is exempt
      from annual work requirements established under this chapter, if
      development of the geothermal resource subject to the lease would
      interfere with the mining operations under such claim.
      (2) Termination of exemption
        An exemption under this paragraph expires upon the termination
      of the mining operations.
    (f) Termination of application of requirements
      Minimum work requirements prescribed under this section shall not
    apply to a geothermal lease after the date on which the geothermal
    resource is utilized under the lease in commercial quantities.
    (g) Cooperative or unit plan for drilling operations; extension of
      term; renewal
      Any lease for land on which, or for which under an approved
    cooperative or unit plan of development or operation, actual
    drilling operations were commenced prior to the end of its primary
    term and are being diligently prosecuted at that time shall be
    extended for five years and so long thereafter, but not more than
    thirty-five years, as geothermal steam is produced or utilized in
    commercial quantities. If, at the end of such extended term, steam
    is being produced or utilized in commercial quantities and the
    lands are not needed for other purposes, the lessee shall have a
    preferential right to a renewal of such lease for a second term in
    accordance with such terms and conditions as the Secretary deems
    appropriate.
    (h) "Produced or utilized in commercial quantities" defined
      Except as otherwise provided for in this section, for purposes of
    this section the term "produced or utilized in commercial
    quantities" means the completion of a well producing geothermal
    steam in commercial quantities. Such term shall also include the
    completion of a well capable of producing geothermal steam in
    commercial quantities so long as the Secretary determines that
    diligent efforts are being made toward the utilization of the
    geothermal steam.
    (i) Principles for location of minerals under mining laws when
      minerals are not associated with geothermal resources
      Minerals locatable under the mining laws of the United States in
    lands subject to a geothermal lease issued under the provisions of
    this chapter which are not associated with the geothermal resources
    of such lands as defined in section 1001(c) of this title shall be
    locatable under said mining laws in accordance with the principles
    of the Multiple Mineral Development Act (68 Stat. 708; found in 30
    U.S.C. 521 et seq.).

-SOURCE-
    (Pub. L. 91-581, Sec. 6, Dec. 24, 1970, 84 Stat. 1568; Pub. L. 100-
    443, Secs. 2(b), 3, Sept. 22, 1988, 102 Stat. 1766; Pub. L. 109-
    58, title II, Secs. 231, 236(1), Aug. 8, 2005, 119 Stat. 668,
    671.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in subsec. (i),
    are classified generally to this title.
      The Multiple Mineral Development Act, referred to in subsec. (i),
    is act Aug. 13, 1954, ch. 730, 68 Stat. 708, as amended, which is
    classified principally to chapter 12 (Sec. 521 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 521 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      August 8, 2005, referred to in introductory provisions of subsec.
    (d), was in the original "the date of the enactment of this
    subsection" and "the date of enactment of this subsection", which
    was translated as meaning the date of enactment of Pub. L. 109-58,
    which substantially amended this section, to reflect the probable
    intent of Congress.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline, added subsecs.
    (a) to (f), redesignated former subsecs. (c), (d), and (f) as (g),
    (h), and (i), respectively, substituted "geothermal resources" for
    "geothermal steam and associated geothermal resources" in subsec.
    (i), and struck out former subsecs. (a), (b), (e), and (g) to (j),
    which related to primary and continuation terms, renewals,
    conversions to mineral leases, five-year extensions, bona fide
    effort requirement for extensions, payments in lieu of commercial
    quantities production, and significant expenditure, respectively.
      1988 - Subsec. (d). Pub. L. 100-443, Sec. 2(b), amended subsec.
    (d) generally. Prior to amendment, subsec. (d) read as follows:
    "For purposes of subsection (a) of this section, production or
    utilization of geothermal steam in commercial quantities shall be
    deemed to include the completion of one or more wells producing or
    capable of producing geothermal steam in commercial quantities and
    a bona fide sale of such geothermal steam for delivery to or
    utilization by a facility or facilities not yet installed but
    scheduled for installation not later than fifteen years from the
    date of commencement of the primary term of the lease."
      Subsecs. (g) to (j). Pub. L. 100-443, Sec. 3, added subsecs. (g)
    to (j).

                           CONSISTENCY PROVISION                       
      Section 9 of Pub. L. 100-443 provided that: "To the extent that
    any provision in this Act [see Short Title of 1988 Amendment note
    set out under section 1001 of this title] is inconsistent with the
    provisions of section 115(2) of title I of section 101(h) of Public
    Law 99-591 (100 Stat. 3341-264 through 100 Stat. 3341-266) [set out
    below], this Act shall be deemed to supersede the provisions of
    such section."

         EXTENSION OF LEASE; LISTING, MONITORING AND PROTECTION OF
       SIGNIFICANT THERMAL FEATURES IN NATIONAL PARK SYSTEM; FACTORS
    CONSIDERED IN ISSUING OR DENYING LEASES; EFFECT ON OTHER PROVISIONS
      Pub. L. 99-500, Sec. 101(h) [title I, Sec. 115], Oct. 18, 1986,
    100 Stat. 1783-242, 1783-264, and Pub. L. 99-591, Sec. 101(h)
    [title I, Sec. 115], Oct. 30, 1986, 100 Stat. 3341-242, 3341-264,
    as amended by Pub. L. 106-510, Sec. 3(a)(2), (b)(2), Nov. 13, 2000,
    114 Stat. 2363, provided that:
      "(1) The primary term of any geothermal lease in effect as of
    July 27, 1984, issued pursuant to the Geothermal [Steam] Act of
    1970 (Public Law 91-581, 84 Stat. 1566, 30 U.S.C. 1001-1025) is
    hereby extended to December 31, 1988, if the Secretary of the
    Interior finds that - 
        "(a) a bona fide sale of the geothermal resource, from a well
      capable of production, for delivery to or utilization by a
      facility or facilities, has not been completed (1) due to
      administrative delays by government entities, beyond the control
      of the lessee, or (2) such sale would be uneconomic;
        "(b) substantial investment in the development of or for the
      benefit of the lease has been made; and
        "(c) the lease would otherwise expire prior to December 31,
      1988.
      "(2)(a) The Secretary of the Interior (hereinafter in this
    section referred to as 'the Secretary' shall publish for public
    comment in the Federal Register within 120 days after the date of
    enactment of this section [Oct. 18, 1986] a proposed list of
    significant thermal features within the following units of the
    National Park System:
      "Mount Rainier National Park;
      "Lassen Volcanic National Park;
      "Yellowstone National Park;
      "Bering Land Bridge National Preserve;
      "Gates of the Arctic National Park and Preserve;
      "Yukon-Charley Rivers National Preserve;
      "Katmai National Park;
      "Aniakchak National Monument and Preserve;
      "Wrangell-St. Elias National Park and Preserve;
      "Glacier Bay National Park and Preserve;
      "Denali National Park and Preserve;
      "Lake Clark National Park and Preserve;
      "Hot Springs National Park;
      "Sequoia National Park;
      "Hawai'i Volcanoes National Park;
      "Lake Mead National Recreation Area;
      "Big Bend National Park;
      "Olympic National Park;
      "Grand Teton National Park;
      "John D. Rockefeller, Jr. Memorial Parkway;
      "Haleakala National Park; and
      "Crater Lake National Park.
    The Secretary shall include with such list the basis for his
    determination with respect to each thermal feature on the list.
    Based on public comment on such list, the Secretary is authorized
    to make additions to or deletions from the list. Not later than the
    60th day from the date on which the proposed list was published in
    the Federal Register, the Secretary shall transmit the list to the
    Committee on Energy and Natural Resources of the Senate and the
    Committee on Interior and Insular Affairs of the House of
    Representatives together with copies of all public comments which
    he has received and indicating any additions to or deletions from
    the list with a statement of the reasons therefor and the basis for
    inclusion of each thermal feature on the list. The Secretary shall
    consider the following criteria in determining the significance of
    thermal features:
        "(1) size, extent, and uniqueness;
        "(2) scientific and geologic significance;
        "(3) the extent to which such features remain in a natural,
      undisturbed condition; and
        "(4) significance of thermal features to the authorized
      purposes for which the National Park System unit was created.
    The Secretary shall not issue any geothermal lease pursuant to the
    Geothermal Steam Act of 1970 (Public Law 91-581, 84 Stat. 1566), as
    amended [30 U.S.C. 1001 et seq.], until such time as the Secretary
    has transmitted the list to the Committees of Congress as provided
    in this section.
      "(b) The Secretary shall maintain a monitoring program for those
    significant thermal features listed pursuant to subsection (a) of
    this section.
      "(c) Upon receipt of an application for a geothermal lease the
    Secretary shall determine on the basis of scientific evidence if
    exploration, development, or utilization of the lands subject to
    the geothermal lease application is reasonably likely to result in
    a significant adverse effect on a significant thermal feature
    listed pursuant to subsection (a) of this section. Such
    determination shall be subject to notice and public comment. If the
    Secretary determines on the basis of scientific evidence that the
    exploration, development, or utilization of the land subject to the
    geothermal lease application is reasonably likely to result in a
    significant adverse effect on a significant thermal feature listed
    pursuant to subsection (a) of this section, the Secretary shall not
    issue such geothermal lease. In addition, the Secretary shall
    withdraw from leasing under the Geothermal Steam Act of 1970, as
    amended, those lands, or portion thereof, subject to the
    application for geothermal lease, the exploration, development, or
    utilization of which is reasonably likely to result, based on the
    Secretary's determination, in a significant adverse effect on a
    significant thermal feature listed pursuant to subsection (a) of
    this section.
      "(d) With respect to all geothermal leases issued after the date
    of enactment of this section [Oct. 18, 1986] the Secretary shall
    include stipulations in leases necessary to protect significant
    thermal features listed pursuant to subsection (a) of this section
    where a determination is made based on scientific evidence that the
    exploration, development, or utilization of the lands subject to
    the lease is reasonably likely to adversely affect such significant
    features. Such stipulations shall include, but are not limited to:
        "(1) requiring the lessee to reinject geothermal fluids into
      the rock formations from which they originate;
        "(2) requiring the lessee to report annually to the Secretary
      on its activities;
        "(3) requiring the lessee to continuously monitor geothermal
      production and injection wells; and
        "(4) requiring the lessee to suspend activity, temporarily or
      permanently, on the lease if the Secretary determines that
      ongoing exploration, development, or utilization activities are
      having a significant adverse effect on significant thermal
      features listed pursuant to subsection (a) of this section until
      such time as the significant adverse effect is eliminated.
      "(e) The Secretary of Agriculture shall consider the effects on
    significant thermal features of those units of the National Park
    System identified in subsection (a) of this section in determining
    whether to consent to leasing under the Geothermal Steam Act of
    1970, as amended, on national forest or other lands administered by
    the Department of Agriculture available for leasing under the
    Geothermal Steam Act of 1970, as amended, including public,
    withdrawn, and acquired lands.
      "(f) Nothing contained in this section shall affect the ban on
    leasing under the Geothermal Steam Act of 1970, as amended, with
    respect to the Island Park Known Geothermal Resources Area, as
    provided for in Public Law 98-473 (98 Stat. 1837) [see Tables for
    classification] and Public Law 99-190 (99 Stat. 1267) [see Tables
    for classification].
      "(g) Except as provided herein, nothing contained in this section
    shall affect or modify the authorities or responsibilities of the
    Secretary under the Geothermal Steam Act of 1970, as amended, or
    any other provision of law.
      "(h) The provisions of this section shall remain in effect until
    Congress determines otherwise."

-End-



-CITE-
    30 USC Sec. 1006                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1006. Acreage limitations

-STATUTE-
      A geothermal lease shall embrace a reasonably compact area of not
    more than 5,120 acres, except where a departure therefrom is
    occasioned by an irregular subdivision or subdivisions. No person,
    association, or corporation, except as otherwise provided in this
    chapter, shall take, hold, own, or control at one time, whether
    acquired directly from the Secretary under this chapter or
    otherwise, any direct or indirect interest in Federal geothermal
    leases in any one State exceeding 51,200 acres, including leases
    acquired under the provisions of section 1003 of this title.

-SOURCE-
    (Pub. L. 91-581, Sec. 7, Dec. 24, 1970, 84 Stat. 1569; Pub. L. 109-
    58, title II, Sec. 235, Aug. 8, 2005, 119 Stat. 671.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline, substituted
    "5,120 acres" for "two thousand five hundred and sixty acres" and
    "51,200 acres" for "twenty thousand four hundred and eighty acres"
    in text, and struck out second par. which read as follows: "At any
    time after fifteen years from December 24, 1970, the Secretary,
    after public hearings, may increase this maximum holding in any one
    State by regulation, not to exceed fifty-one thousand two hundred
    acres."

-End-



-CITE-
    30 USC Sec. 1007                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1007. Readjustment of lease terms and conditions

-STATUTE-
    (a) Initial readjustment; periodic intervals; notice; objections,
      relinquishment, and termination
      The Secretary may readjust the terms and conditions, except as
    otherwise provided herein, of any geothermal lease issued under
    this chapter at not less than ten-year intervals beginning ten
    years after the date the geothermal steam is produced, as
    determined by the Secretary. Each geothermal lease issued under
    this chapter shall provide for such readjustment. The Secretary
    shall give notice of any proposed readjustment of terms and
    conditions, and, unless the lessee files with the Secretary
    objection to the proposed terms or relinquishes the lease within
    thirty days after receipt of such notice, the lessee shall
    conclusively be deemed to have agreed with such terms and
    conditions. If the lessee files objections, and no agreement can be
    reached between the Secretary and the lessee within a period of not
    less than sixty days, the lease may be terminated by either party.
    (b) Rentals and royalties; initial readjustment; periodic
      intervals; limitation on increases and on royalties; notice;
      objections, relinquishment, and termination
      The Secretary may readjust the rentals and royalties of any
    geothermal lease issued under this chapter at not less than twenty-
    year intervals beginning thirty-five years after the date
    geothermal steam is produced, as determined by the Secretary. In
    the event of any such readjustment neither the rental nor royalty
    may be increased by more than 50 per centum over the rental or
    royalty paid during the preceding period. Each geothermal lease
    issue (!1) under this chapter shall provide for such readjustment.
    The Secretary shall give notice of any proposed readjustment of
    rentals and royalties, and, unless the lessee files with the
    Secretary objection to the proposed rentals and royalties or
    relinquishes the lease within thirty days after receipt of such
    notice, the lessee shall conclusively be deemed to have agreed with
    such terms and conditions. If the lessee files objections, and no
    agreement can be reached between the Secretary and the lessee
    within a period of not less than sixty days, the lease may be
    terminated by either party.

    (c) Surface use, protection, or restoration of lands withdrawn or
      acquired for Federal agency; notice; approval of agency
      Any readjustment of the terms and conditions as to use,
    protection, or restoration of the surface of any lease of lands
    withdrawn or acquired in aid of a function of a Federal department
    or agency other than the Department of the Interior may be made
    only upon notice to, and with the approval of, such department or
    agency.

-SOURCE-
    (Pub. L. 91-581, Sec. 8, Dec. 24, 1970, 84 Stat. 1569; Pub. L. 109-
    58, title II, Secs. 229, 236(8), Aug. 8, 2005, 119 Stat. 668,
    672.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58, Sec. 236(8), inserted section catchline.
      Subsec. (b). Pub. L. 109-58, Sec. 229, substituted "period" for
    "period, and in no event shall the royalty payable exceed 22 1/2 
    per centum" in second sentence.

-FOOTNOTE-
    (!1) So in original. Probably should be "issued".


-End-



-CITE-
    30 USC Sec. 1008                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1008. Byproducts

-STATUTE-
      If the production, use, or conversion of geothermal steam is
    susceptible of producing a valuable byproduct or byproducts,
    including commercially demineralized water for beneficial uses in
    accordance with applicable State water laws, the Secretary shall
    require substantial beneficial production or use thereof unless, in
    individual circumstances he modifies or waives this requirement in
    the interest of conservation of natural resources or for other
    reasons satisfactory to him. However, the production or use of such
    byproducts shall be subject to the rights of the holders of
    preexisting leases, claims, or permits covering the same land or
    the same minerals, if any.

-SOURCE-
    (Pub. L. 91-581, Sec. 9, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109-
    58, title II, Sec. 236(9), Aug. 8, 2005, 119 Stat. 672.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline.

-End-



-CITE-
    30 USC Sec. 1009                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1009. Relinquishment of geothermal rights

-STATUTE-
      The holder of any geothermal lease at any time may make and file
    in the appropriate land office a written relinquishment of all
    rights under such lease or of any legal subdivision of the area
    covered by such lease. Such relinquishment shall be effective as of
    the date of its filing. Thereupon the lessee shall be released of
    all obligations thereafter accruing under said lease with respect
    to the lands relinquished, but no such relinquishment shall release
    such lessee, or his surety or bond, from any liability for breach
    of any obligation of the lease, other than an obligation to drill,
    accrued at the date of the relinquishment, or from the continued
    obligation, in accordance with the applicable lease terms and
    regulations, (1) to make payment of all accrued rentals and
    royalties, (2) to place all wells on the relinquished lands in
    condition for suspension or abandonment, and (3) to protect or
    restore substantially the surface and surface resources.

-SOURCE-
    (Pub. L. 91-581, Sec. 10, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109-
    58, title II, Sec. 236(10), Aug. 8, 2005, 119 Stat. 672.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline.

-End-



-CITE-
    30 USC Sec. 1010                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1010. Suspension of operations and production

-STATUTE-
      The Secretary, upon application by the lessee, may authorize the
    lessee to suspend operations and production on a producing lease
    and he may, on his own motion, in the interest of conservation
    suspend operations on any lease but in either case he may extend
    the lease term for the period of any suspension, and he may waive,
    suspend, or reduce the rental or royalty required in such lease.

-SOURCE-
    (Pub. L. 91-581, Sec. 11, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109-
    58, title II, Sec. 236(11), Aug. 8, 2005, 119 Stat. 672.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline.

-End-



-CITE-
    30 USC Sec. 1011                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1011. Termination of leases

-STATUTE-
      Leases may be terminated by the Secretary for any violation of
    the regulations or lease terms after thirty days notice provided
    that such violation is not corrected within the notice period, or
    in the event the violation is such that it cannot be corrected
    within the notice period then provided that lessee has not
    commenced in good faith within said notice period to correct such
    violation and thereafter to proceed diligently to correct such
    violation. Lessee shall be entitled to a hearing on the matter of
    such claimed violation or proposed termination of lease if request
    for a hearing is made to the Secretary within the thirty-day period
    after notice. The period for correction of violation or
    commencement to correct such violation of regulations or of lease
    terms, as aforesaid, shall be extended to thirty days after the
    Secretary's decision after such hearing if the Secretary shall find
    that a violation exists.

-SOURCE-
    (Pub. L. 91-581, Sec. 12, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109-
    58, title II, Sec. 236(12), Aug. 8, 2005, 119 Stat. 672.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline.

-End-



-CITE-
    30 USC Sec. 1012                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1012. Waiver, suspension, or reduction of rental or royalty

-STATUTE-
      The Secretary may waive, suspend, or reduce the rental or royalty
    for any lease or portion thereof in the interests of conservation
    and to encourage the greatest ultimate recovery of geothermal
    resources, if he determines that this is necessary to promote
    development or that the lease cannot be successfully operated under
    the lease terms.

-SOURCE-
    (Pub. L. 91-581, Sec. 13, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109-
    58, title II, Sec. 236(13), Aug. 8, 2005, 119 Stat. 672.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline.

-End-



-CITE-
    30 USC Sec. 1013                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1013. Surface land use

-STATUTE-
      Subject to the other provisions of this chapter, a lessee shall
    be entitled to use so much of the surface of the land covered by
    his geothermal lease as may be found by the Secretary to be
    necessary for the production, utilization, and conservation of
    geothermal resources.

-SOURCE-
    (Pub. L. 91-581, Sec. 14, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 109-
    58, title II, Sec. 236(14), Aug. 8, 2005, 119 Stat. 672.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline.

-End-



-CITE-
    30 USC Sec. 1014                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1014. Lands subject to geothermal leasing

-STATUTE-
    (a) Terms and conditions for lands withdrawn or acquired for
      Department of the Interior
      Geothermal leases for lands withdrawn or acquired in aid of
    functions of the Department of the Interior may be issued only
    under such terms and conditions as the Secretary may prescribe to
    insure adequate utilization of the lands for the purposes for which
    they were withdrawn or acquired.
    (b) Consent and terms and conditions for lands withdrawn or
      acquired for Department of Agriculture or for lands for power and
      related purposes
      Geothermal leases for lands withdrawn or acquired in aid of
    functions of the Department of Agriculture may be issued only with
    the consent of, and subject to such terms and conditions as may be
    prescribed by, the head of that Department to insure adequate
    utilization of the lands for the purposes for which they were
    withdrawn or acquired. Geothermal leases for lands to which section
    818 of title 16 is applicable, may be issued only with the consent
    of, and subject to, such terms and conditions as the Secretary of
    Energy may prescribe to insure adequate utilization of such lands
    for power and related purposes.
    (c) Exemption of certain Federal lands
      Geothermal leases under this chapter shall not be issued for
    lands administered in accordance with (1) sections 1, 2, 3, and 4
    of title 16, as amended or supplemented, (2) for lands within a
    national recreation area, (3) for lands in a fish hatchery
    administered by the Secretary, wildlife refuge, wildlife range,
    game range, wildlife management area, waterfowl production area, or
    for lands acquired or reserved for the protection and conservation
    of fish and wildlife that are threatened with extinction, (4) for
    tribally or individually owned Indian trust or restricted lands,
    within or without the boundaries of Indian reservations.

-SOURCE-
    (Pub. L. 91-581, Sec. 15, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 95-
    91, title III, Sec. 301(b), title VII, Secs. 703, 707, Aug. 4,
    1977, 91 Stat. 578, 606, 607; Pub. L. 109-58, title II, Sec.
    236(15), Aug. 8, 2005, 119 Stat. 672.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of Energy" substituted for "Federal Power Commission"
    in subsec. (b) pursuant to sections 301(b), 703, and 707 of Pub. L.
    95-91, which are classified to sections 7151(b), 7293, and 7297 of
    Title 42, The Public Health and Welfare, and which terminated
    Federal Power Commission and transferred its functions (with
    certain exceptions) to Secretary of Energy.

-End-



-CITE-
    30 USC Sec. 1015                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1015. Requirement for lessees

-STATUTE-
      Leases under this chapter may be issued only to citizens of the
    United States, associations of such citizens, corporations
    organized under the laws of the United States or of any State or
    the District of Columbia, or governmental units, including, without
    limitation, municipalities.

-SOURCE-
    (Pub. L. 91-581, Sec. 16, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 109-
    58, title II, Sec. 236(16), Aug. 8, 2005, 119 Stat. 672.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline.

-End-



-CITE-
    30 USC Sec. 1016                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1016. Administration

-STATUTE-
      Administration of this chapter shall be under the principles of
    multiple use of lands and resources, and geothermal leases shall,
    insofar as feasible, allow for coexistence of other leases of the
    same lands for deposits of minerals under the laws applicable to
    them, for the location and production of claims under the mining
    laws, and for other uses of the areas covered by them. Operations
    under such other leases or for such other uses, however, shall not
    unreasonably interfere with or endanger operations under any lease
    issued pursuant to this chapter, nor shall operations under leases
    so issued unreasonably interfere with or endanger operations under
    any lease, license, claim, or permit issued pursuant to the
    provisions of any other Act.

-SOURCE-
    (Pub. L. 91-581, Sec. 17, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 109-
    58, title II, Sec. 236(17), Aug. 8, 2005, 119 Stat. 672.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws, referred to in text, are classified generally to
    this title.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline.

-End-



-CITE-
    30 USC Sec. 1017                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1017. Unit and communitization agreements

-STATUTE-
    (a) Adoption of units by lessees
      (1) In general
        For the purpose of more properly conserving the natural
      resources of any geothermal reservoir, field, or like area, or
      any part thereof (whether or not any part of the geothermal
      reservoir, field, or like area, is subject to any cooperative
      plan of development or operation (referred to in this section as
      a "unit agreement")), lessees thereof and their representatives
      may unite with each other, or jointly or separately with others,
      in collectively adopting and operating under a unit agreement for
      the reservoir, field, or like area, or any part thereof,
      including direct use resources, if determined and certified by
      the Secretary to be necessary or advisable in the public
      interest.
      (2) Majority interest of single leases
        A majority interest of owners of any single lease shall have
      the authority to commit the lease to a unit agreement.
      (3) Initiative of Secretary
        The Secretary may also initiate the formation of a unit
      agreement, or require an existing Federal lease to commit to a
      unit agreement, if in the public interest.
      (4) Modification of lease requirements by Secretary
        (A) In general
          The Secretary may, in the discretion of the Secretary and
        with the consent of the holders of leases involved, establish,
        alter, change, or revoke rates of operations (including
        drilling, operations, production, and other requirements) of
        the leases and make conditions with respect to the leases, with
        the consent of the lessees, in connection with the creation and
        operation of any such unit agreement as the Secretary may
        consider necessary or advisable to secure the protection of the
        public interest.
        (B) Unlike terms or rates
          Leases with unlike lease terms or royalty rates shall not be
        required to be modified to be in the same unit.
    (b) Requirement of plans under new leases
      The Secretary may - 
        (1) provide that geothermal leases issued under this chapter
      shall contain a provision requiring the lessee to operate under a
      unit agreement; and
        (2) prescribe the unit agreement under which the lessee shall
      operate, which shall adequately protect the rights of all parties
      in interest, including the United States.
    (c) Modification of rate of prospecting, development, and
      production
      The Secretary may require that any unit agreement authorized by
    this section that applies to land owned by the United States
    contain a provision under which authority is vested in the
    Secretary, or any person, committee, or State or Federal officer or
    agency as may be designated in the unit agreement to alter or
    modify, from time to time, the rate of prospecting and development
    and the quantity and rate of production under the unit agreement.
    (d) Exclusion from determination of holding or control
      Any land that is subject to a unit agreement approved or
    prescribed by the Secretary under this section shall not be
    considered in determining holdings or control under section 1006 of
    this title.
    (e) Pooling of certain land
      If separate tracts of land cannot be independently developed and
    operated to use geothermal resources pursuant to any section of
    this chapter - 
        (1) the land, or a portion of the land, may be pooled with
      other land, whether or not owned by the United States, for
      purposes of development and operation under a communitization
      agreement providing for an apportionment of production or
      royalties among the separate tracts of land comprising the
      production unit, if the pooling is determined by the Secretary to
      be in the public interest; and
        (2) operation or production pursuant to the communitization
      agreement shall be treated as operation or production with
      respect to each tract of land that is subject to the
      communitization agreement.
    (f) Unit agreement review
      (1) In general
        Not later than 5 years after the date of approval of any unit
      agreement and at least every 5 years thereafter, the Secretary
      shall - 
          (A) review each unit agreement; and
          (B) after notice and opportunity for comment, eliminate from
        inclusion in the unit agreement any land that the Secretary
        determines is not reasonably necessary for unit operations
        under the unit agreement.
      (2) Basis for elimination
        The elimination shall - 
          (A) be based on scientific evidence; and
          (B) occur only if the elimination is determined by the
        Secretary to be for the purpose of conserving and properly
        managing the geothermal resource.
      (3) Extension
        Any land eliminated under this subsection shall be eligible for
      an extension under section 1005(g) of this title if the land
      meets the requirements for the extension.
    (g) Drilling or development contracts
      (1) In general
        The Secretary may, on such conditions as the Secretary may
      prescribe, approve drilling or development contracts made by one
      or more lessees of geothermal leases, with one or more persons,
      associations, or corporations if, in the discretion of the
      Secretary, the conservation of natural resources or the public
      convenience or necessity may require or the interests of the
      United States may be best served by the approval.
      (2) Holdings or control
        Each lease operated under an approved drilling or development
      contract, and interest under the contract, shall be excepted in
      determining holdings or control under section 1006 of this title.
    (h) Coordination with State governments
      The Secretary shall coordinate unitization and pooling activities
    with appropriate State agencies.

-SOURCE-
    (Pub. L. 91-581, Sec. 18, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 100-
    443, Sec. 4, Sept. 22, 1988, 102 Stat. 1768; Pub. L. 109-58, title
    II, Sec. 227, Aug. 8, 2005, 119 Stat. 666.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline and amended text
    generally. Prior to amendment, text related to cooperative or unit
    plan of development or operation of geothermal pool, field, or like
    area, public interest, determination and certification,
    regulations, protection of parties in interest, authority
    respecting rate of prospecting, development, and production, five
    year review, and leases excepted from control for purposes of State
    acreage limitation.
      1988 - Pub. L. 100-443, Sec. 4, inserted provisions relating to
    five year review of plans and elimination of leases from plans.

-End-



-CITE-
    30 USC Sec. 1018                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1018. Data from Federal agencies

-STATUTE-
      Upon request of the Secretary, other Federal departments and
    agencies shall furnish him with any relevant data then in their
    possession or knowledge concerning or having bearing upon fair and
    adequate charges to be made for geothermal steam produced or to be
    produced for conversion to electric power or other purposes. Data
    given to any department or agency as confidential under law shall
    not be furnished in any fashion which identifies or tends to
    identify the business entity whose activities are the subject of
    such data or the person or persons who furnished such information.

-SOURCE-
    (Pub. L. 91-581, Sec. 19, Dec. 24, 1970, 84 Stat. 1572; Pub. L. 109-
    58, title II, Sec. 236(18), Aug. 8, 2005, 119 Stat. 673.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline.

-End-



-CITE-
    30 USC Sec. 1019                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1019. Disposal of moneys from sales, bonuses, rentals, and
      royalties

-STATUTE-
    (a) In general
      Except with respect to lands in the State of Alaska, all monies
    received by the United States from sales, bonuses, rentals, and
    royalties under this chapter shall be paid into the Treasury of the
    United States. Of amounts deposited under this subsection, subject
    to the provisions of subsection (b) of section 191 of this title
    and section 1004(a)(2) of this title - 
        (1) 50 percent shall be paid to the State within the boundaries
      of which the leased lands or geothermal resources are or were
      located; and
        (2) 25 percent shall be paid to the county within the
      boundaries of which the leased lands or geothermal resources are
      or were located.
    (b) Use of payments
      Amounts paid to a State or county under subsection (a) of this
    section shall be used consistent with the terms of section 191 of
    this title.

-SOURCE-
    (Pub. L. 91-581, Sec. 20, Dec. 24, 1970, 84 Stat. 1572; Pub. L. 100-
    443, Sec. 5(a), Sept. 22, 1988, 102 Stat. 1768; Pub. L. 103-66,
    title X, Sec. 10202(b), Aug. 10, 1993, 107 Stat. 408; Pub. L. 109-
    58, title II, Sec. 224(b), Aug. 8, 2005, 119 Stat. 663.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline and amended text
    generally. Prior to amendment, text read as follows: "Subject to
    the provisions of section 191(b) of this title, all moneys received
    from the sales, bonuses, royalties and rentals under the provisions
    of this chapter, including the payments referred to in section
    1005(i) of this title, shall be disposed of in the same manner as
    such moneys received pursuant to section 191 of this title or
    pursuant to section 355 of this title, as the case may be."
      1993 - Pub. L. 103-66 substituted "Subject to the provisions of
    section 191(b) of this title, all moneys" for "All moneys".
      1988 - Pub. L. 100-443 amended section generally. Prior to
    amendment, section read as follows: "All moneys received under this
    chapter from public lands under the jurisdiction of the Secretary
    shall be disposed of in the same manner as moneys received from the
    sale of public lands. Moneys received under this chapter from other
    lands shall be disposed of in the same manner as other receipts
    from such lands."

-End-



-CITE-
    30 USC Sec. 1020                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1020. Publication in Federal Register; reservation of mineral
      rights

-STATUTE-
      Geothermal resources in lands the surface of which has passed
    from Federal ownership but in which the minerals have been reserved
    to the United States shall not be developed or produced except
    under geothermal leases made pursuant to this chapter. If the
    Secretary of the Interior finds that such development is imminent,
    or that production from a well heretofore drilled on such lands is
    imminent, he shall so report to the Attorney General, and the
    Attorney General is authorized and directed to institute an
    appropriate proceeding in the United States district court of the
    district in which such lands are located, to quiet the title of the
    United States in such resources, and if the court determines that
    the reservation of minerals to the United States in the lands
    involved included the geothermal resources, to enjoin their
    production otherwise than under the terms of this chapter:
    Provided, That upon an authoritative judicial determination that
    Federal mineral reservation does not include geothermal resources
    the duties of the Secretary of the Interior to report and of the
    Attorney General to institute proceedings, as hereinbefore set
    forth, shall cease.

-SOURCE-
    (Pub. L. 91-581, Sec. 21, Dec. 24, 1970, 84 Stat. 1572; Pub. L. 109-
    58, title II, Sec. 236(1), (3), (19), Aug. 8, 2005, 119 Stat. 671,
    673.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline, struck out
    "(b)" before "Geothermal", substituted "does not include geothermal
    resources" for "does not include geothermal steam and associated
    geothermal resources", and struck out subsec. (a) which read as
    follows: "Within one hundred and twenty days after December 24,
    1970, the Secretary shall cause to be published in the Federal
    Register a determination of all lands which were included within
    any known geothermal resources area on December 24, 1970. He shall
    likewise publish in the Federal Register from time to time his
    determination of other known geothermal resources areas specifying
    in each case the date the lands were included in such area; and".

-End-



-CITE-
    30 USC Sec. 1021                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1021. Federal exemption from State water laws

-STATUTE-
      Nothing in this chapter shall constitute an express or implied
    claim or denial on the part of the Federal Government as to its
    exemption from State water laws.

-SOURCE-
    (Pub. L. 91-581, Sec. 22, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109-
    58, title II, Sec. 236(20), Aug. 8, 2005, 119 Stat. 673.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline.

-End-



-CITE-
    30 USC Sec. 1022                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1022. Prevention of waste; exclusivity

-STATUTE-
      (a) All leases under this chapter shall be subject to the
    condition that the lessee will, in conducting his exploration,
    development, and producing operations, use all reasonable
    precautions to prevent waste of geothermal resources developed in
    the lands leased.
      (b) Rights to develop and utilize geothermal resources underlying
    lands owned by the United States may be acquired solely in
    accordance with the provisions of this chapter.

-SOURCE-
    (Pub. L. 91-581, Sec. 23, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109-
    58, title II, Sec. 236(1), (21), Aug. 8, 2005, 119 Stat. 671,
    673.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline and substituted
    "geothermal resources" for "geothermal steam and associated
    geothermal resources" in subsecs. (a) and (b).

-End-



-CITE-
    30 USC Sec. 1023                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1023. Rules and regulations

-STATUTE-
      The Secretary shall prescribe such rules and regulations as he
    may deem appropriate to carry out the provisions of this chapter.
    Such regulations may include, without limitation, provisions for
    (a) the prevention of waste, (b) development and conservation of
    geothermal and other natural resources, (c) the protection of the
    public interest, (d) assignment, segregation, extension of terms,
    relinquishment of leases, development contracts, unitization,
    pooling, and drilling agreements, (e) compensatory royalty
    agreements, suspension of operations or production, and suspension
    or reduction of rentals or royalties, (f) the filing of surety
    bonds to assure compliance with the terms of the lease and to
    protect surface use and resources, (g) use of the surface by a
    lessee of the lands embraced in his lease, (h) the maintenance by
    the lessee of an active development program, and (i) protection of
    water quality and other environmental qualities.

-SOURCE-
    (Pub. L. 91-581, Sec. 24, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109-
    58, title II, Sec. 236(22), Aug. 8, 2005, 119 Stat. 673.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior to promulgate regulations
    under this chapter relating to fostering of competition for Federal
    leases, implementation of alternative bidding systems authorized
    for award of Federal leases, establishment of diligence
    requirements for operations conducted on Federal leases, setting of
    rates for production of Federal leases, and specifying of
    procedures, terms, and conditions for acquisition and disposition
    of Federal royalty interests taken in kind, transferred to
    Secretary of Energy by section 7152(b) of Title 42, The Public
    Health and Welfare. Section 7152(b) of Title 42 was repealed by
    Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,
    and functions of Secretary of Energy returned to Secretary of the
    Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-End-



-CITE-
    30 USC Sec. 1024                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1024. Inclusion of geothermal leasing under certain other laws

-STATUTE-
      As to any land subject to geothermal leasing under section 1002
    of this title, all laws which either (a) provide for the disposal
    of land by patent or other form of conveyance or by grant or by
    operation of law subject to a reservation of any mineral or (b)
    prevent or restrict the disposal of such land because of the
    mineral character of the land, shall hereafter be deemed to embrace
    geothermal resources as a substance which either must be reserved
    or must prevent or restrict the disposal of such land, as the case
    may be. This section shall not be construed to affect grants,
    patents, or other forms of conveyances made prior to December 24,
    1970.

-SOURCE-
    (Pub. L. 91-581, Sec. 25, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109-
    58, title II, Sec. 236(1), (23), Aug. 8, 2005, 119 Stat. 671,
    673.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline and substituted
    "geothermal resources" for "geothermal steam and associated
    geothermal resources" in text.

-End-



-CITE-
    30 USC Sec. 1025                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1025. Federal reservation of certain mineral rights

-STATUTE-
      The United States reserves the ownership of and the right to
    extract under such rules and regulations as the Secretary may
    prescribe oil, hydrocarbon gas, and helium from all geothermal
    resources produced from lands leased under this chapter in
    accordance with presently applicable laws: Provided, That whenever
    the right to extract oil, hydrocarbon gas, and helium from
    geothermal resources produced from such lands is exercised pursuant
    to this section, it shall be exercised so as to cause no
    substantial interference with the production of geothermal
    resources from such lands.

-SOURCE-
    (Pub. L. 91-581, Sec. 27, Dec. 24, 1970, 84 Stat. 1574; Pub. L. 109-
    58, title II, Sec. 236(1), (25), Aug. 8, 2005, 119 Stat. 671,
    673.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline and substituted
    "geothermal resources" for "geothermal steam and associated
    geothermal resources" wherever appearing in text.

-End-



-CITE-
    30 USC Sec. 1026                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1026. Significant thermal features

-STATUTE-
    (a) Units of National Park System
      (1) The Secretary shall maintain a list of significant thermal
    features, as defined in section 1001(f) of this title, within units
    of the National Park System, including but not limited to the
    following units:
        (A) Mount Rainier National Park.
        (B) Crater Lake National Park.
        (C) Yellowstone National Park.
        (D) John D. Rockefeller, Jr. Memorial Parkway.
        (E) Bering Land Bridge National Preserve.
        (F) Gates of the Arctic National Park and Preserve.
        (G) Katmai National Park.
        (H) Aniakchak National Monument and Preserve.
        (I) Wrangell-St. Elias National Park and Preserve.
        (J) Lake Clark National Park and Preserve.
        (K) Hot Springs National Park.
        (L) Big Bend National Park (including that portion of the Rio
      Grande National Wild Scenic River within the boundaries of Big
      Bend National Park).
        (M) Lassen Volcanic National Park.
        (N) Hawai'i Volcanoes National Park.
        (O) Haleakala National Park.
        (P) Lake Mead National Recreation Area.

      (2) The Secretary may, after notice and public comment, add
    significant thermal features within units of the National Park
    System to the significant thermal features list.
      (3) The Secretary shall consider the following criteria in
    determining the significance of thermal features:
        (A) Size, extent and uniqueness.
        (B) Scientific and geologic significance.
        (C) The extent to which such features remain in a natural,
      undisturbed condition.
        (D) Significance of thermal features to the authorized purposes
      for which the National Park System unit was established.
    (b) Monitoring program
      (1) The Secretary shall maintain a monitoring program for
    significant thermal features within units of the National Park
    System.
      (2) As part of the monitoring program required by paragraph (1),
    the Secretary shall establish a research program to collect and
    assess data on the geothermal resources within units of the
    National Park System with significant thermal features. Such
    program shall be carried out by the National Park Service in
    cooperation with the U.S. Geological Survey and shall begin with
    the collection and assessment of data for significant thermal
    features near current or proposed geothermal development and shall
    also include such features near areas of potential geothermal
    development.
    (c) Lease application; adverse effect
      (1) Upon receipt of an application for a lease under this
    chapter, the Secretary shall determine on the basis of scientific
    evidence if exploration, development or utilization of the lands
    subject to the lease application is reasonably likely to result in
    a significant adverse effect on a significant thermal feature
    within a unit of the National Park System. Such determination shall
    be subject to notice and public comment.
      (2) If the Secretary determines that the exploration, development
    or utilization of the land subject to the lease application is
    reasonably likely to result in a significant adverse effect on a
    significant thermal feature within a unit of the National Park
    System, the Secretary shall not issue such lease.
      (3) The Secretary shall not issue any lease under this chapter
    for those lands, or portions thereof, which are the subject of a
    determination made pursuant to subparagraph (2).
    (d) Lease stipulations
      With respect to all leases or drilling permits issued, extended,
    renewed or modified under this chapter, the Secretary shall include
    stipulations in such leases and permits necessary to protect
    significant thermal features within units of the National Park
    System where the Secretary determines that, based on scientific
    evidence, the exploration, development or utilization of the land
    subject to the lease or drilling permit is reasonably likely to
    adversely affect any such significant thermal feature. Stipulations
    shall include, but not be limited to - 
        (1) requiring the lessee to reinject geothermal fluids into the
      rock formations from which they originate;
        (2) requiring the lessee to report annually to the Secretary on
      activities taken on the lease;
        (3) requiring the lessee to continuously monitor geothermal
      resources production and injection wells; and
        (4) requiring the lessee to suspend activity on the lease if
      the Secretary determines that ongoing exploration, development or
      utilization activities are having a significant adverse effect on
      a significant thermal feature within a unit of the National Park
      System until such time as the significant adverse effect is
      eliminated. The stipulation shall provide for the termination of
      the lease by the Secretary if the significant adverse effect
      cannot be eliminated within a reasonable period of time.
    (e) Lands administered by Department of Agriculture
      The Secretary of Agriculture shall consider the effects on
    significant thermal features within units of the National Park
    System in determining whether to consent to leasing under this
    chapter on national forest lands or other lands administered by the
    Department of Agriculture available for leasing under this chapter,
    including public, withdrawn, and acquired lands.
    (f) Prohibition
      Nothing in this chapter shall affect the ban on leasing under
    this chapter with respect to the Island Park Geothermal Area, as
    designated by the map in the "Final Environmental Impact Statement
    of the Island Park Geothermal Area" (January 15, 1980, p. XI), and
    provided for in Public Law 98-473.

-SOURCE-
    (Pub. L. 91-581, Sec. 28, as added Pub. L. 100-443, Sec. 6, Sept.
    22, 1988, 102 Stat. 1769; amended Pub. L. 106-510, Sec. 3(a)(2),
    (b)(2), Nov. 13, 2000, 114 Stat. 2363; Pub. L. 109-58, title II,
    Sec. 236(1), (26), Aug. 8, 2005, 119 Stat. 671, 673.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 98-473, referred to in subsec. (f), is Pub. L. 98-473,
    Oct. 12, 1984, 98 Stat. 1837, as amended. For complete
    classification of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58, Sec. 236(26), inserted section catchline.
      Subsec. (d)(3). Pub. L. 109-58, Sec. 236(1), substituted
    "geothermal resources" for "geothermal steam and associated
    geothermal resources".
      2000 - Subsec. (a)(1)(N). Pub. L. 106-510, Sec. 3(a)(2),
    substituted "Hawai'i Volcanoes National Park" for "Hawaii Volcanoes
    National Park".
      Subsec. (a)(1)(O). Pub. L. 106-510, Sec. 3(b)(2), substituted
    "Haleakala National Park" for "Haleakala National Park".

            CORWIN SPRINGS KNOWN GEOTHERMAL RESOURCE AREA STUDY        
      Section 8 of Pub. L. 100-443 provided that:
      "(a) The United States Geological Survey, in consultation with
    the National Park Service, shall conduct a study on the impact of
    present and potential geothermal development in the vicinity of
    Yellowstone National Park on the thermal features within the park.
    The area to be studied shall be the lands within the Corwin Springs
    Known Geothermal Resource Area as designated in the July 22, 1975,
    Federal Register (Fed. Reg. Vol. 40, No. 141). The study shall be
    transmitted to Congress no later than December 1, 1990.
      "(b) Any production from existing geothermal wells or any
    development of new geothermal wells or other facilities related to
    geothermal production is prohibited in the Corwin Springs Known
    Geothermal Resource Area until 180 days after the receipt by
    Congress of the study provided for in subsection (a) of this
    section.
      "(c) The Secretary may not issue, extend, renew or modify any
    geothermal lease or drilling permit pursuant to the Geothermal
    Steam Act of 1970 (30 U.S.C. 1001-1025) in the Corwin Springs Known
    Geothermal Resource Area until 180 days after the receipt by
    Congress of the study provided for in section 8(a) of this Act.
    This section shall not be construed as requiring such leasing
    activities subsequent to the 180 days after study submittal.
      "(d) If the Secretary determines that geothermal drilling and
    related activities within the area studied pursuant to subsection
    (a) of this section may adversely affect the thermal features of
    Yellowstone National Park, the Secretary shall include in the study
    required under subsection (a) of this section recommendations
    regarding the acquisition of the geothermal rights necessary to
    protect such thermal resources and features."

-End-



-CITE-
    30 USC Sec. 1027                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1027. Land subject to prohibition on leasing

-STATUTE-
      The Secretary shall not issue any lease under this chapter on
    those lands subject to the prohibition provided under section 226-3
    of this title.

-SOURCE-
    (Pub. L. 91-581, Sec. 29, as added Pub. L. 100-443, Sec. 5(d),
    Sept. 22, 1988, 102 Stat. 1769; amended Pub. L. 109-58, title II,
    Sec. 236(27), Aug. 8, 2005, 119 Stat. 673.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 inserted section catchline.

-End-



-CITE-
    30 USC Sec. 1028                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 23 - GEOTHERMAL RESOURCES

-HEAD-
    Sec. 1028. Hot dry rock geothermal energy

-STATUTE-
    (a) USGS program
      The Secretary of the Interior, acting through the United States
    Geological Survey, and in consultation with the Secretary of
    Energy, shall establish a cooperative Government-private sector
    program with respect to hot dry rock geothermal energy resources on
    public lands (as such term is defined in section 1702(e) of title
    43) and lands managed by the Department of Agriculture, other than
    any such public or other lands that are withdrawn from geothermal
    leasing. Such program shall include, but shall not be limited to,
    activities to identify, select, and classify those areas throughout
    the United States that have a high potential for hot dry rock
    geothermal energy production and activities to develop and
    disseminate information regarding the utilization of such areas for
    hot dry rock energy production. Such information may include
    information regarding field test processes and techniques for
    assuring that hot dry rock geothermal energy development projects
    are developed in an economically feasible manner without adverse
    environmental consequences. Utilizing the information developed by
    the Secretary, together with information developed in connection
    with other related programs carried out by other Federal agencies,
    the Secretary, acting through the United States Geological Survey,
    may also enter into contracts and cooperative agreements with any
    public or private entity to provide assistance to any such entity
    to enable such entity to carry out additional projects with respect
    to the utilization of hot dry rock geothermal energy resources
    which will further the purposes of this section.
    (b) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necesary (!1) to carry out this section.


-SOURCE-
    (Pub. L. 102-486, title XXV, Sec. 2501, Oct. 24, 1992, 106 Stat.
    3101.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Geothermal Steam Act of 1970 which comprises
    this chapter.

-FOOTNOTE-
    (!1) So in original. Probably should be "necessary".


-End-


-CITE-
    30 USC CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH,
           DEVELOPMENT, AND DEMONSTRATION                  01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   

-HEAD-
         CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                               DEMONSTRATION

-MISC1-
    Sec.                                                     
    1101.       Congressional findings.                               
    1102.       Definitions.                                          

       SUBCHAPTER I - GEOTHERMAL ENERGY COORDINATION AND MANAGEMENT
                                  PROJECT
    1121.       Formation of Project.                                 
    1122.       Program definition.                                   
    1123.       Resource inventory and assessment program.            
    1124.       Research and development.                             
    1125.       Geothermal demonstration plants and projects.         
    1126.       Scientific and technical education.                   

                      SUBCHAPTER II - LOAN GUARANTIES                  
    1141.       Establishment of loan guaranty program.               
    1142.       Payment of guaranteed obligation by Secretary of
                 Energy.                                              
    1143.       Period of guaranties and interest assistance.         
    1144.       Geothermal Resources Development Fund.                
    1145.       Community impact assistance functions of Secretary of
                 Energy.                                              
    1146.       Approval or disapproval of loan guarantee
                 applications.                                        
    1147.       Application of national environmental policy
                 provisions.                                          

                    SUBCHAPTER III - GENERAL PROVISIONS                
    1161.       Protection of environment.                            
    1162.       Final report to President and Congress on terminated
                 projects.                                            
    1163.       Transfer of functions.                                
    1164.       Authorization of appropriations.                      

-End-



-CITE-
    30 USC Sec. 1101                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   

-HEAD-
    Sec. 1101. Congressional findings

-STATUTE-
      The Congress hereby finds that - 
        (1) the Nation is currently suffering a critical shortage of
      environmentally acceptable forms of energy;
        (2) the inadequate organizational structures and levels of
      funding for energy research have limited the Nation's current and
      future options for meeting energy needs;
        (3) electric energy is a clean and convenient form of energy at
      the location of its use and is the only practicable form of
      energy in some modern applications, but the demand for electric
      energy in every region of the United States is taxing all of the
      alternative energy sources presently available and is projected
      to increase; some of the sources available for electric power
      generation are already in short supply, and the development and
      use of other sources presently involve undesirable environmental
      impacts;
        (4) the Nation's critical energy problems can be solved only if
      a national commitment is made to dedicate the necessary financial
      resources, and enlist the cooperation of the private and public
      sectors, in developing geothermal resources and other
      nonconventional sources of energy;
        (5) the conventional geothermal resources which are presently
      being used have limited total potential; but geothermal resources
      which are different from those presently being used, and which
      have extremely large energy content, are known to exist;
        (6) some geothermal resources contain energy in forms other
      than heat; examples are methane and extremely high pressures
      available upon release as kinetic energy;
        (7) some geothermal resources contain valuable byproducts such
      as potable water and mineral compounds which should be processed
      and recovered as national resources;
        (8) technologies are not presently available for the
      development of most of these geothermal resources, but
      technologies for the generation of electric energy from
      geothermal resources are potentially economical and
      environmentally desirable, and the development of geothermal
      resources offers possibilities of process energy and other
      nonelectric applications;
        (9) much of the known geothermal resources exist on the public
      lands;
        (10) Federal financial assistance is necessary to encourage the
      extensive exploration, research, and development in geothermal
      resources which will bring these technologies to the point of
      commercial application;
        (11) the advancement of technology with the cooperation of
      private industry for the production of useful forms of energy
      from geothermal resources is important with respect to the
      Federal responsibility for the general welfare, to facilitate
      commerce, to encourage productive harmony between man and his
      environment, and to protect the public interest; and
        (12) the Federal Government should encourage and assist private
      industry through Federal assistance for the development and
      demonstration of practicable means to produce useful energy from
      geothermal resources with environmentally acceptable processes.

-SOURCE-
    (Pub. L. 93-410, Sec. 2, Sept. 3, 1974, 88 Stat. 1079.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 93-410 provided that: "This Act [enacting
    this chapter] may be cited as the 'Geothermal Energy Research,
    Development, and Demonstration Act of 1974'."

-End-



-CITE-
    30 USC Sec. 1102                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   

-HEAD-
    Sec. 1102. Definitions

-STATUTE-
      For the purposes of this chapter - 
        (1) the term "geothermal resources" means (A) all products of
      geothermal processes, embracing indigenous steam, hot water, and
      brines, (B) steam and other gases, hot water and hot brines,
      resulting from water, gas, or other fluids artificially
      introduced into geothermal formations, and (C) any byproduct
      derived from them;
        (2) the term "byproduct" means any mineral or minerals which
      are found in solution or in association with geothermal resources
      and which have a value of less than 75 percent of the value of
      the geothermal steam and associated geothermal resources or are
      not, because of quantity, quality, or technical difficulties in
      extraction and production, of sufficient value to warrant
      extraction and production by themselves;
        (3) "pilot plant" means an experimental unit of small size used
      for early evaluation and development of new or improved processes
      and to obtain technical, engineering, and cost data;
        (4) "demonstration plant" means a complete facility which
      produces electricity, heat energy, or useful byproducts for
      commercial disposal from geothermal resources and which will make
      a significant contribution to the knowledge of full-size
      technology, plant operation, and process economics;
        (5) the term "Project" means the Geothermal Energy Coordination
      and Management Project established by section 1121(a) of this
      title;
        (6) the term "fund" means the Geothermal Resources Development
      Fund established by section 1144(a) of this title; and
        (7) the term "Chairman" means the Chairman of the Project.

-SOURCE-
    (Pub. L. 93-410, Sec. 3, Sept. 3, 1974, 88 Stat. 1080.)

-End-


-CITE-
    30 USC SUBCHAPTER I - GEOTHERMAL ENERGY COORDINATION AND
           MANAGEMENT PROJECT                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER I - GEOTHERMAL ENERGY COORDINATION AND MANAGEMENT PROJECT

-HEAD-
       SUBCHAPTER I - GEOTHERMAL ENERGY COORDINATION AND MANAGEMENT
                                  PROJECT

-End-



-CITE-
    30 USC Sec. 1121                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER I - GEOTHERMAL ENERGY COORDINATION AND MANAGEMENT PROJECT

-HEAD-
    Sec. 1121. Formation of Project

-STATUTE-
    (a) Establishment
      There is hereby established the Geothermal Energy Coordination
    and Management Project.
    (b) Composition; members and chairman
      (1) The Project shall be composed of six members as follows:
        (A) one appointed by the President;
        (B) an Assistant Director of the National Science Foundation;
        (C) an Assistant Secretary of the Department of the Interior;
        (D) an Associate Administrator of the National Aeronautics and
      Space Administration;
        (E) the Assistant Administrator of the Energy Research and
      Development Administration for Solar, Geothermal, and Advanced
      Energy Systems;
        (F) an Assistant Administrator of the Federal Energy
      Administration;
        (G) an Assistant Administrator of the Environmental Protection
      Agency;
        (H) an Assistant Secretary of Treasury; and
        (I) an Assistant Secretary of Agriculture.

      (2) The President shall designate the Assistant Administrator of
    the Energy Research and Development Administration for Solar,
    Geothermal, and Advanced Energy Systems to serve as Chairman of the
    Project.
      (3) If the individual appointed under paragraph (1)(A) of this
    subsection is an officer or employee of the Federal Government, he
    shall receive no additional pay on account of his service as a
    member of the Project. If such individual is not an officer or
    employee of the Federal Government, he shall be entitled to receive
    the daily equivalent of the annual rate of basic pay in effect for
    level IV of the Executive Schedule (5 U.S.C. 5315) for each day
    (including traveltime) during which he is engaged in the actual
    performance of duties vested in the Project.
    (c) Responsibility for geothermal energy research, development, and
      demonstration program
      The Project shall have overall responsibility for the provision
    of effective management and coordination with respect to a national
    geothermal energy research, development, and demonstration program.
    Such program shall include - 
        (1) the determination and evaluation of the resource base;
        (2) research and development with respect to exploration,
      extraction, and utilization technologies;
        (3) the demonstration of appropriate technologies; and
        (4) the loan guaranty program under subchapter II of this
      chapter.
    (d) Allocation of functions to certain agencies; loaning of
      personnel
      (1) The Project shall carry out its responsibilities under this
    section acting through the following Federal agencies:
        (A) the Department of the Interior, the responsibilities of
      which shall include evaluation and assessment of the resource
      base, including development of exploration technologies;
        (B) the National Aeronautics and Space Administration, the
      responsibilities of which shall include the provision of contract
      management capability, evaluation and assessment of the resource
      base, and the development of technologies pursuant to section
      1122(b) of this title;
        (C) the Atomic Energy Commission, the responsibilities of which
      shall include the development of technologies; and
        (D) the National Science Foundation, the responsibilities of
      which shall include basic and applied research.

      (2) Upon request of the Project, the head of any such agency is
    authorized to detail or assign, on a reimbursable basis or
    otherwise, any of the personnel of such agency to the Project to
    assist it in carrying out its responsibilities under this chapter.
    (e) Exclusive authority of the Project
      The Project shall have exclusive authority with respect to the
    establishment or approval of programs or projects initiated under
    this chapter, except that the agency involved in any particular
    program or project shall be responsible for the operation and
    administration of such program or project.

-SOURCE-
    (Pub. L. 93-410, title I, Sec. 101, Sept. 3, 1974, 88 Stat. 1080;
    Pub. L. 95-238, title V, Sec. 502, Feb. 25, 1978, 92 Stat. 86.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (b)(1). Pub. L. 95-238, Sec. 502(1)-(3), in
    subpar. (E) substituted "Assistant Administrator of the Energy
    Research and Development Administration for Solar, Geothermal, and
    Advanced Energy Systems;" for "General Manager of the Atomic Energy
    Commission; and", and added subpars. (G) to (I).
      Subsec. (b)(2). Pub. L. 95-238, Sec. 502(4), substituted "the
    Assistant Administrator of the Energy Research and Development
    Administration for Solar, Geothermal, and Advanced Energy Systems"
    for "one member of the Project".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Energy Research and Development Administration terminated and
    functions vested by law in Administrator thereof transferred to
    Secretary of Energy (unless otherwise specifically provided) by
    sections 7151(a) and 7293 of Title 42, The Public Health and
    Welfare.
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of Title 42. See, also, Transfer of
    Functions notes set out under those sections.
      Federal Energy Administration terminated and all functions
    transferred to Secretary of Energy (unless otherwise specifically
    provided) by sections 7151(a) and 7293 of Title 42.

-End-



-CITE-
    30 USC Sec. 1122                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER I - GEOTHERMAL ENERGY COORDINATION AND MANAGEMENT PROJECT

-HEAD-
    Sec. 1122. Program definition

-STATUTE-
      (a)(1) The Chairman, acting through the Administrator of the
    National Aeronautics and Space Administration, is authorized and
    directed to prepare a comprehensive program definition of an
    integrated effort and commitment for effectively developing
    geothermal energy resources. Such Administrator, in preparing such
    comprehensive program definition, is authorized to consult with
    other Federal agencies and non-Federal entities.
      (2) The Chairman shall transmit such comprehensive program
    definition to the President and to each House of the Congress.
    Interim reports shall be transmitted not later than November 30,
    1974, and not later than January 31, 1975. Such comprehensive
    program definition shall be transmitted as soon as possible
    thereafter, but in any case not later than August 31, 1975.
      (3) As part of the comprehensive program definition required by
    paragraph (1) of this subsection, the Chairman, acting through the
    United States Geological Survey, shall transmit to the President
    and to each House of the Congress a schedule and objectives for the
    inventorying of geothermal resources.
      (b) The National Aeronautics and Space Administration is
    authorized to undertake and carry out those programs assigned to it
    by the Project.

-SOURCE-
    (Pub. L. 93-410, title I, Sec. 102, Sept. 3, 1974, 88 Stat. 1081;
    Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted for "Geological
    Survey" in subsec. (a)(3) pursuant to provision of title I of Pub.
    L. 102-154, set out as a note under section 31 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 1123                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER I - GEOTHERMAL ENERGY COORDINATION AND MANAGEMENT PROJECT

-HEAD-
    Sec. 1123. Resource inventory and assessment program

-STATUTE-
      (a) The Chairman shall initiate a resource inventory and
    assessment program with the objective of making regional and
    national appraisals of all types of geothermal resources, including
    identification of promising target areas for industrial exploration
    and development. The specific goals shall include - 
        (1) the improvement of geophysical, geochemical, geological,
      and hydrological techniques necessary for locating and evaluating
      geothermal resources;
        (2) the development of better methods for predicting the power
      potential and longevity of geothermal reservoirs;
        (3) the determination and assessment of the nature and power
      potential of the deeper unexplored parts of high temperature
      geothermal convection systems; and
        (4) the survey and assessment of regional and national
      geothermal resources of all types.

      (b) The Chairman, acting through the United States Geological
    Survey and other appropriate agencies, shall - 
        (1) develop and carry out a general plan for the orderly
      inventorying of all forms of geothermal resources of the Federal
      lands and, where consistent with property rights and determined
      by the Chairman to be in the national interest, of non-Federal
      lands;
        (2) conduct regional surveys, based upon such a general plan,
      using innovative geological, geophysical, geochemical, and
      stratagraphic drilling techniques, which will lead to a national
      inventory of geothermal resources in the United States;
        (3) publish and make available maps, reports, and other
      documents developed from such surveys to encourage and facilitate
      the commercial development of geothermal resources for beneficial
      use and consistent with the national interest;
        (4) make such recommendations for legislation or administrative
      regulations as may from time to time appear to be necessary to
      make Federal leasing, environmental and taxing policy for
      geothermal resources consistent with known inventories of various
      resource types, with the current state of technologies for
      geothermal energy development, and with current evaluations of
      the environmental impacts of such development; and
        (5) participate with appropriate Federal agencies and non-
      Federal entities in research to develop, improve, and test
      technologies for the discovery and evaluation of all forms of
      geothermal resources, and conduct research into the principles
      controlling the location, occurrence, size, temperature, energy
      content, producibility, and economic lifetimes of geothermal
      reservoirs.

-SOURCE-
    (Pub. L. 93-410, title I, Sec. 103, Sept. 3, 1974, 88 Stat. 1082;
    Pub. L. 95-238, title V, Sec. 503, Feb. 25, 1978, 92 Stat. 86; Pub.
    L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (b)(4). Pub. L. 95-238 inserted "or administrative
    regulations" after "legislation" and ", environmental and taxing"
    after "leasing".

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted for "Geological
    Survey" in subsec. (b) pursuant to provision of title I of Pub. L.
    102-154, set out as a note under section 31 of Title 43, Public
    Lands.

-End-



-CITE-
    30 USC Sec. 1124                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER I - GEOTHERMAL ENERGY COORDINATION AND MANAGEMENT PROJECT

-HEAD-
    Sec. 1124. Research and development

-STATUTE-
      (a) The Chairman, acting through the appropriate Federal agencies
    and in cooperation with non-Federal entities, shall initiate a
    research and development program for the purpose of resolving all
    major technical problems inhibiting the fullest possible commercial
    utilization of geothermal resources in the United States. The
    specific goals of such programs shall include - 
        (1) the development of effective and efficient drilling methods
      to operate at high temperatures in formations of geothermal
      interest;
        (2) the development of reliable predictive methods and control
      techniques for the production of geothermal resources from
      reservoirs;
        (3) the exploitation of new concepts for fracturing rock to
      permit recovery of contained heat reserves;
        (4) the improvement of equipment and technology for the
      extraction of geothermal resources from reservoirs;
        (5) the development of improved methods for converting
      geothermal resources and byproducts to useful forms;
        (6) the development of improved methods for controlling
      emissions and wastes from geothermal utilization facilities,
      including new monitoring methods to any extent necessary;
        (7) the development and evaluation of waste disposal control
      technologies and the evaluation of surface and subsurface
      environmental effects of geothermal development;
        (8) the improvement of the technical capability to predict
      environmental impacts resulting from the development of
      geothermal resources, the preparation of environmental impact
      statements, and the assuring of compliance with applicable
      standards and criteria;
        (9) the identification of social, legal, and economic problems
      associated with geothermal development (both locally and
      regionally) for the purpose of developing policy and providing a
      framework of policy alternatives for the commercial utilization
      of geothermal resources;
        (10) the provision for an adequate supply of scientists to
      perform required geothermal research and development activities;
      and
        (11) the establishment of a program to encourage States to
      establish and maintain geothermal resources clearinghouses, which
      shall serve to (A) provide geothermal resources developers with
      information with respect to applicable local, State, and Federal
      laws, rules, and regulations, (B) coordinate the processing of
      permit applications, impact statements, and other information
      which geothermal resources developers are required to provide,
      (C) encourage uniformity with respect to local and State laws,
      rules, and regulations with respect to geothermal resources
      development, and (D) encourage establishment of land use plans,
      which would include zoning for geothermal resources development
      and which would assure that geothermal resources developers will
      be able to carry out development programs to the production
      stage.

      (b) The Chairman, acting through the appropriate Federal agencies
    and in cooperation with non-Federal entities, shall implement a
    coordinated program of research and development in order to
    demonstrate the technical means for the extraction and utilization
    of the resource base, including any by-products of such base, and
    in order to accomplish the goals established by subsection (a) of
    this section. Research authorized by this chapter having potential
    applications in matters other than geothermal energy may be pursued
    to the extent that the findings of such research can be published
    in a form for utilization by others.

-SOURCE-
    (Pub. L. 93-410, title I, Sec. 104, Sept. 3, 1974, 88 Stat. 1083.)

-End-



-CITE-
    30 USC Sec. 1125                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER I - GEOTHERMAL ENERGY COORDINATION AND MANAGEMENT PROJECT

-HEAD-
    Sec. 1125. Geothermal demonstration plants and projects

-STATUTE-
    (a) Design and construction
      The Chairman, acting through the appropriate Federal agencies and
    in cooperation with non-Federal entities, shall initiate a program
    to design and construct geothermal demonstration plants. The
    specific goals of such program shall include - 
        (1) the development of economical geothermal resources
      production systems and components which meet environmental
      standards;
        (2) the design of plants to produce electric power and, where
      appropriate, the large-scale production and utilization of any
      useful by-products;
        (3) the involvement of engineers, analysts, technicians, and
      managers from industry field and powerplant development, which
      shall lead to the early industrial exploitation of advanced
      geothermal resources;
        (4) the provision for an adequate supply of trained geothermal
      engineers and technicians;
        (5) the provision of experimental test beds for component
      testing an evaluation by laboratories operated by the Federal
      Government, industry, or institutions of higher education;
        (6) the construction and operation of pilot plants; and
        (7) the construction and operation of demonstration plants.
    (b) Establishment of demonstration projects
      In carrying out his responsibilities under this section, the
    Chairman, acting through the appropriate Federal agencies, and in
    cooperation with non-Federal entities, may provide for the
    establishment of one or more demonstration projects utilizing each
    geothermal resource base involved, which shall include, as
    appropriate, all of the exploration, siting, drilling, pilot plant
    construction and operation, demonstration plant construction and
    operation, and other facilities and activities which may be
    necessary for the generation of electric energy and the utilization
    of geothermal resource byproducts.
    (c) Agreements for the cooperative development of facilities for
      demonstration
      The Chairman, acting through the appropriate Federal agencies, is
    authorized to investigate and enter into agreements for the
    cooperative development of facilities to demonstrate the production
    of energy from geothermal resources. The responsible Federal agency
    may consider - 
        (1) cooperative agreements with utilities and non-Federal
      governmental entities for construction of facilities to produce
      energy for commercial disposition; and
        (2) cooperative agreements with other Federal agencies for the
      construction and operation of facilities to produce energy for
      direct Federal consumption.
    (d) Construction of demonstration projects without entering into
      agreements
      The responsible Federal agency is authorized to investigate the
    feasibility of, construct, and operate, demonstration projects
    without entering into cooperative agreements with respect to such
    projects, if the Chairman finds that - 
        (1) the nature of the resource, the geographical location, the
      scale and engineering design of the facilities, the techniques of
      production, or any other significant factor of the proposal
      offers opportunities to make important contributions to the
      general knowledge of geothermal resources, the techniques of its
      development, or public confidence in the technology; and
        (2) there is no opportunity for cooperative agreements with any
      utility or non-Federal governmental entity willing and able to
      cooperate in the demonstration project under subsection (c)(1) of
      this section, and there is no opportunity for cooperative
      agreements with other Federal agencies under subsection (c)(2) of
      this section.
    (e) Factors considered for entry into agreements
      Before favorably considering proposals under subsection (c) of
    this section, the responsible Federal agency must find that - 
        (1) the nature of the resource, the geographical location, the
      scale and engineering design of the facilities, the techniques of
      production, or any other significant factor of the proposal
      offers opportunities to make important contributions to the
      general knowledge of geothermal resources, the techniques of its
      development, or public confidence in the technology;
        (2) the development of the practical benefits as set forth in
      paragraph (1) of this subsection are unlikely to be accomplished
      without such cooperative development; and
        (3) where non-Federal participants are involved, the proposal
      is not eligible for adequate Federal assistance under the loan
      guaranty provisions of subchapter II of this chapter or such
      assistance would not be adequate to satisfy the goals and
      requirements of the demonstration program under this section.
    (f) Limits on project costs
      If the estimate of the Federal investment with respect to
    construction and operation costs of any demonstration project
    proposed to be established under this section exceeds $10,000,000,
    no amount may be appropriated for such project except as
    specifically authorized by legislation hereafter enacted by the
    Congress.
    (g) Disposal of Federal property interests and resource byproducts
      (1) At the conclusion of the program under this section or as
    soon thereafter as may be practicable, the responsible Federal
    agencies shall, by sale, lease, or otherwise, dispose of all
    Federal property interests which they have acquired pursuant to
    this section (including mineral rights) in accordance with existing
    law and the terms of the cooperative agreements involved.
      (2) The agency involved shall, under appropriate agreements or
    other arrangements, provide for the disposition of geothermal
    resource byproducts of the project administered by such agency.

-SOURCE-
    (Pub. L. 93-410, title I, Sec. 105, Sept. 3, 1974, 88 Stat. 1084;
    Pub. L. 95-238, title V, Sec. 504, Feb. 25, 1978, 92 Stat. 86.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (e)(3). Pub. L. 95-238 inserted provisions
    relating to goals and requirements of the demonstration program.

-End-



-CITE-
    30 USC Sec. 1126                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER I - GEOTHERMAL ENERGY COORDINATION AND MANAGEMENT PROJECT

-HEAD-
    Sec. 1126. Scientific and technical education

-STATUTE-
    (a) Congressional declaration of policy
      It is the policy of the Congress to encourage the development and
    maintenance of programs through which there may be provided the
    necessary trained personnel to perform required geothermal
    research, development, and demonstration activities under sections
    1123, 1124, and 1125 of this title.
    (b) Support of educational programs in science and engineering
      The National Science Foundation is authorized to support programs
    of education in the sciences and engineering to carry out the
    policy of subsection (a) of this section. Such support may include
    fellowships, traineeships, technical training programs,
    technologist training programs, and summer institute programs.
    (c) Selection of programs of education; coordination with National
      Science Foundation
      The National Science Foundation is authorized and directed to
    coordinate its actions, to the maximum extent practicable, with the
    Project or any permanent Federal organization or agency having
    jurisdiction over the energy research and development functions of
    the United States, in determining the optimal selection of programs
    of education to carry out the policy of subsection (a) of this
    section.
    (d) International participation and cooperation
      The National Science Foundation is authorized to encourage, to
    the maximum extent practicable international participation and
    cooperation in the development and maintenance of programs of
    education to carrying out the policy of subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 93-410, title I, Sec. 106, Sept. 3, 1974, 88 Stat. 1085.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of National Science Foundation relating to geothermal
    power development transferred to Administrator of Energy Research
    and Development Administration (unless otherwise specifically
    provided) by section 5814 of Title 42, The Public Health and
    Welfare. Energy Research and Development Administration terminated
    and functions vested by law in Administrator thereof transferred to
    Secretary of Energy (unless otherwise specifically provided) by
    sections 7151(a) and 7293 of Title 42.

-End-


-CITE-
    30 USC SUBCHAPTER II - LOAN GUARANTIES                      01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER II - LOAN GUARANTIES

-HEAD-
                      SUBCHAPTER II - LOAN GUARANTIES                  

-End-



-CITE-
    30 USC Sec. 1141                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER II - LOAN GUARANTIES

-HEAD-
    Sec. 1141. Establishment of loan guaranty program

-STATUTE-
    (a) Congressional declaration of policy
      It is the policy of the Congress to encourage and assist in the
    commercial development of practicable means to produce useful
    energy from geothermal resources with environmentally acceptable
    processes. Accordingly, it is the policy of the Congress to
    facilitate such commercial development by authorizing the Chairman
    of the Project to designate an appropriate Federal agency to
    guarantee loans for such purposes.
    (b) Authorization of heads of designated agencies to guarantee
      loans
      In order to encourage the commercial production of energy from
    geothermal resources, the head of the designated agency is
    authorized to, in consultation with the Secretary of the Treasury,
    guarantee, and to enter into commitments to guarantee, lenders
    against loss of principal or interest on loans made by such lenders
    to qualified borrowers for the purposes of - 
        (1) the determination and evaluation of the resource base;
        (2) research and development with respect to extraction and
      utilization technologies;
        (3) acquiring rights in geothermal resources;
        (4) development, construction, and operation of facilities for
      the demonstration or commercial production of energy using
      geothermal resources; or
        (5) construction and operation of a new commercial,
      agricultural, or industrial structure or facility or modification
      and operation of an existing commercial, agricultural, or
      industrial structure or facility, when geothermal hot water or
      steam is to be used within or by such structure or facility, or
      modification thereto, for the purposes of space heating or
      cooling, industrial or agricultural processes, onsite generation
      of electricity for use other than for sale or resale in commerce,
      other commercial applications, or combinations of applications
      separately eligible under this subchapter for loan guarantee
      assistance.
    (c) Extent of guarantee
      Any guaranty under this subchapter shall apply only to so much of
    the principal amount of any loan as does not exceed 75 percent of
    the aggregate cost of the project with respect to which the loan is
    made, except that any guarantee made for a loan to an electric,
    housing, or other cooperative, or to a municipality (as defined in
    section 796(7) of title 16), may apply to so much of the principal
    amount of the loan as does not exceed 90 percent of the aggregate
    cost of the project. In determining the aggregate cost of a project
    for purposes of the preceding sentence, there shall be excluded the
    cost of constructing electrical transmission lines to the extent
    that the cost of constructing such lines exceeds 25 percent of the
    aggregate cost of the project (as determined without regard to this
    sentence); except that the Secretary may waive or limit the
    application of this sentence with respect to any project located in
    the State of Hawaii upon a finding that such project is remote from
    the area of primary consumption, that a transmission line is
    required before the geothermal reservoir can be developed, and that
    the particular transmission line involved will be used for more
    than the plant which is the subject of the loan guarantee. In the
    case of a guaranty for the purposes specified in subsection (b)(5)
    of this section, the aggregate cost of the project shall be deemed
    to be that portion of the total cost of construction and operation
    which is directly related to the utilization of geothermal energy
    within the structure or facility in question, except that the
    aggregate cost of the project with respect to which the loan is
    made may be the total cost including construction and operation in
    cases where the facility or structure has been located near a
    geothermal energy resource predominantly for the purpose of
    utilizing geothermal energy, or as determined by the Secretary of
    Energy the economic viability of the project is substantially
    dependent upon the performance of the geothermal reservoir.
    (d) Terms and conditions of guaranties
      Loan guaranties under this subchapter shall be on such terms and
    conditions as the head of the designated agency determines, except
    that a guaranty shall be made under this subchapter only if - 
        (1) the loan bears interest at a rate not to exceed such annual
      per centum on the principal obligation outstanding as the head of
      the designated agency determines to be reasonable, taking into
      account the range of interest rates prevailing in the private
      sector for similar loans and risks by the United States;
        (2) the terms of such loan require full repayment over a period
      not to exceed thirty years, or the useful life of any physical
      asset to be financed by such loan, whichever is less (as
      determined by the head of the designated agency);
        (3) in the judgment of the head of the designated agency, the
      amount of the loan (when combined with amounts available to the
      qualified borrower from other sources) will be sufficient to
      carry out the project; and
        (4) in the judgment of the head of the designated agency, there
      is reasonable assurance of repayment of the loan by the qualified
      borrower of the guaranteed indebtedness.
    (e) Limitations on amount of guaranty; exceptions; procedures
      applicable
      The amount of the guaranty for any loan for a project shall not
    exceed $100,000,000: Provided, That in the case of a guaranty under
    subsection (b)(5) of this section, the amount of the guaranty for
    any loan for a project shall not exceed $50,000,000 and the amount
    of the guaranty for any combination of loans for any single
    qualified borrower shall not exceed $200,000,000, unless the
    Secretary of Energy determines in writing that a guaranty in excess
    of these amounts is in the national interest. Any such
    determination shall be submitted to the Speaker of the House and
    the Committee on Science, Space, and Technology of the House of
    Representatives, and to the President of the Senate and the
    Committee on Energy and Natural Resources of the Senate,
    accompanied by a full and complete report on the proposed project
    and guaranty. The proposed guaranty or commitment to guarantee
    shall not be finalized under authority granted by this chapter
    prior to the expiration of thirty calendar days (not including any
    date on which either House of Congress is not in session) from the
    date on which such report is received by the Speaker of the House
    and the President of the Senate.
    (f) "Qualified borrower" defined
      As used in this subchapter, the term "qualified borrower" means
    any public or private agency, institution, association,
    partnership, corporation, political subdivision, or other legal
    entity which (as determined by the head of the designated agency)
    has presented satisfactory evidence of an interest in geothermal
    resources and is capable of performing research or completing the
    development and production of energy in an acceptable manner.
    (g) Payment of interest; criteria
      With respect to any guaranty which is issued after February 25,
    1978, by, or in behalf of, any State, political subdivision, or
    Indian tribe and which is either guaranteed under, or supported by
    taxes levied by said issuer which are guaranteed under this
    subchapter and for which the interest paid on such obligation and
    received by the purchaser thereof is included in gross income for
    the purposes of chapter 1 of title 26, the Secretary of Energy
    shall pay to such issuer out of the fund established by this
    subchapter such portion of the interest on such obligations, as
    determined by the Secretary of Energy, in consultation with the
    Secretary of the Treasury, to be appropriated after taking into
    account current market yields (1) on obligations of such issuer, if
    any, or (2) on other obligations with similar terms and conditions,
    the interest on which is not so included in gross income for
    purposes of chapter 1 of title 26, and in accordance with such
    terms and conditions as the Secretary of Energy shall require in
    consultation with the Secretary of the Treasury.
    (h) Pledge of full faith and credit of United States to guaranties
      The full faith and credit of the United States is pledged to the
    payment of all guaranties issued under this subchapter with respect
    to principal and interest.
    (i) Fees for guaranties; amount, collection, etc.
      The Secretary of Energy shall charge and collect fees for
    guaranties in amounts sufficient in his judgment to cover
    applicable administrative costs and probable losses on guaranteed
    obligations, but in any event not to exceed 1 per centum per annum
    of the outstanding indebtedness covered by each guaranty. Fees
    collected under this subsection shall be deposited in the fund
    established by this subchapter.
    (j) Minimization of capital market impact of guaranties
      The Secretary of the Treasury shall insure to the maximum extent
    feasible that the timing, interest rate, and substantial terms and
    conditions of any guaranty exceeding $25,000,000 will have the
    minimum possible impact on the capital markets of the United
    States, taking into account other Federal direct and indirect
    commercial securities activities.

-SOURCE-
    (Pub. L. 93-410, title II, Sec. 201, Sept. 3, 1974, 88 Stat. 1086;
    Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,
    Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95-238, title V,
    Secs. 505-509, Feb. 25, 1978, 92 Stat. 86, 87; Pub. L. 96-294,
    title VI, Sec. 641(1), June 30, 1980, 94 Stat. 768; Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-437, Sec. 11(b),
    Nov. 2, 1994, 108 Stat. 4589.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (e). Pub. L. 103-437 substituted "Science, Space,
    and Technology" for "Science and Technology".
      1986 - Subsec. (g). 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.
      1980 - Subsec. (c). Pub. L. 96-294 inserted provisions relating
    to guarantees for loans to an electric, housing, or other
    cooperative, or to a municipality (as defined in section 796(7) of
    title 16).
      1978 - Subsec. (b)(4). Pub. L. 95-238, Sec. 506, substituted
    "using" for "from".
      Subsec. (b)(5). Pub. L. 95-238, Sec. 505, added par. (5).
      Subsec. (c). Pub. L. 95-238, Sec. 507, inserted provisions
    relating to guarantees for the purposes specified in subsec. (b)(5)
    of this section.
      Subsec. (e). Pub. L. 95-238, Sec. 508, inserted proviso relating
    to guaranty under subsec. (b)(5) of this section, and provisions
    relating to exceptions to limitations on amounts guaranteed and
    procedures applicable to implementation of greater amounts, and
    substituted "$100,000,000" for "$25,000,000" and "$200,000,000" for
    "$50,000,000".
      Subsecs. (g) to (j). Pub. L. 95-238, Sec. 509, added subsecs. (g)
    to (j).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Science, Space, and Technology of House of
    Representatives treated as referring to Committee on Science of
    House of Representatives by section 1(a) of Pub. L. 104-14, set out
    as a note preceding section 21 of Title 2, The Congress.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of Energy" substituted for "Administrator" (meaning
    Administrator of Energy Research and Development Administration,
    see section 501(2) of Pub. L. 95-238, title V, Feb. 25, 1978, 92
    Stat. 86) in subsecs. (c), (e), (g), and (i), pursuant to sections
    301(a), 703, and 707 of Pub. L. 95-91, which are classified to
    sections 7151(a), 7293, and 7297 of Title 42, The Public Health and
    Welfare, and which terminated Energy Research and Development
    Administration and transferred its functions and functions of
    Administrator thereof (with certain exceptions) to Secretary of
    Energy.

-End-



-CITE-
    30 USC Sec. 1142                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER II - LOAN GUARANTIES

-HEAD-
    Sec. 1142. Payment of guaranteed obligation by Secretary of Energy

-STATUTE-
    (a) Default by borrower and demand by holder of obligation of
      unpaid amount; amount of payment by Secretary of Energy; defenses
      available; forebearance by holder of obligation
      If there is a default by the borrower, as defined in regulations
    promulgated by the Secretary of Energy and set forth in the
    guarantee contract, the holder of the obligation shall have the
    right to demand payment of the unpaid amount from the Secretary of
    Energy. Within such period as may be specified in the guarantee or
    related agreements, the Secretary of Energy shall pay to the holder
    of the obligation the unpaid interest on, and unpaid principal of
    the guaranteed obligation as to which the borrower has defaulted,
    unless the Secretary of Energy finds that there was no default by
    the borrower in the payment of interest or principal or that such
    default has been remedied. Nothing in this section shall be
    construed to preclude any forebearance by the holder of the
    obligation for the benefit of the borrower which may be agreed upon
    by the parties to the guaranteed obligation and approved by the
    Secretary of Energy.
    (b) Rights and authorities of Secretary of Energy upon payment
      If the Secretary of Energy makes a payment under subsection (a)
    of this subsection,(!1) the Secretary of Energy shall be subrogated
    to the rights of the recipient of such payment as specified in the
    guarantee or related agreements including, where appropriate, the
    authority (notwithstanding any other provision of law) to complete,
    maintain, operate, lease, or otherwise dispose of any property
    acquired pursuant to such guarantee or related agreements, or to
    permit the borrower, pursuant to an agreement with the Secretary of
    Energy, to continue to pursue the purposes of the project if the
    Secretary of Energy determines this to be in the public interest.
    The rights of the Secretary of Energy with respect to any property
    acquired pursuant to such guarantee or related agreements, shall be
    superior to the rights of any other person with respect to such
    property.

    (c) Rights and authorities of Attorney General upon default on any
      guarantee
      In the event of a default on any guarantee under this subchapter,
    the Secretary of Energy shall notify the Attorney General, who
    shall take such action as may be appropriate to recover the amounts
    of any payments made under subsection (a) of this section,
    including any payment of principal and interest under subsection
    (d) of this section, from such assets of the defaulting borrower as
    are associated with the project, or from any other security
    included in the terms of the guarantee.
    (d) Contracts to pay, and payment, from Geothermal Resources
      Development Fund of principal and interest of unpaid balance of
      obligation; preconditions
      With respect to any obligation guaranteed under this subchapter,
    the Secretary of Energy is authorized to enter into a contract to
    pay, and to pay, holders of the obligation, for and on behalf of
    the borrower, from the Geothermal Resources Development Fund, the
    principal and interest payments which become due and payable on the
    unpaid balance of such obligation if the Secretary of Energy finds
    that - 
        (1) the borrower is unable to meet such payments and is not in
      default; it is in the public interest to permit the borrower to
      continue to pursue the purposes of such project; and the probable
      net benefit to the Federal Government in paying such principal
      and interest will be greater than that which would result in the
      event of a default;
        (2) the amount of such payment which the Secretary of Energy is
      authorized to pay shall be no greater than the amount of
      principal and interest which the borrower is obligated to pay
      under the loan agreement; and
        (3) the borrower agrees to reimburse the Secretary of Energy
      for such payment on terms and conditions, including interest,
      which are satisfactory to the Secretary of Energy.

-SOURCE-
    (Pub. L. 93-410, title II, Sec. 202, Sept. 3, 1974, 88 Stat. 1087;
    Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,
    Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95-238, title V, Sec.
    510, Feb. 25, 1978, 92 Stat. 88.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-238 substituted provisions
    relating to default by the borrower and payment by the
    Administrator of the guaranteed amount remaining unpaid upon demand
    by the holder of the obligation, for provisions relating to
    contracts to pay, and payment, by the head of the designated agency
    to the lender on behalf of the borrower of interest charges on the
    unpaid balance of any guaranteed loan where the borrower is unable
    to meet the interest charges and the amount payable is the same as
    the amount the borrower would be required to pay.
      Subsec. (b). Pub. L. 95-238 substituted provisions relating to
    rights and authorities of the Administrator subsequent to making a
    payment under subsec. (a) of this section, for provisions relating
    to rights and authorities of the head of the designated agency and
    the Attorney General upon payment of the guaranty subsequent to
    default on a guaranteed loan.
      Subsecs. (c), (d). Pub. L. 95-238 added subsecs. (c) and (d).


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of Energy" substituted in text for "Administrator"
    (meaning Administrator of Energy Research and Development
    Administration, see section 501(2) of Pub. L. 95-238, title V, Feb.
    25, 1978, 92 Stat. 86), pursuant to sections 301(a), 703, and 707
    of Pub. L. 95-91, which are classified to sections 7151(a), 7293,
    and 7297 of Title 42, The Public Health and Welfare, and which
    terminated Energy Research and Development Administration and
    transferred its functions and functions of Administrator thereof
    (with certain exceptions) to Secretary of Energy.

-FOOTNOTE-
    (!1) So in original. Probably should be "this section,".


-End-



-CITE-
    30 USC Sec. 1143                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER II - LOAN GUARANTIES

-HEAD-
    Sec. 1143. Period of guaranties and interest assistance

-STATUTE-
      No loan guaranties shall be made, or interest assistance contract
    entered into, pursuant to this subchapter, after the expiration of
    fiscal year 1993.

-SOURCE-
    (Pub. L. 93-410, title II, Sec. 203, Sept. 3, 1974, 88 Stat. 1087;
    Pub. L. 96-294, title VI, Sec. 641(2), June 30, 1980, 94 Stat. 769;
    Pub. L. 102-558, title III, Sec. 301, Oct. 28, 1992, 106 Stat.
    4224.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-558 substituted "1993" for "1990".
      1980 - Pub. L. 96-294 substituted reference to fiscal year 1990,
    for reference to the ten-calendar-year period following Sept. 3,
    1974.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-558 deemed to have become effective Mar.
    1, 1992, see section 304 of Pub. L. 102-558, set out as a note
    under section 2062 of the Appendix to Title 50, War and National
    Defense.

-End-



-CITE-
    30 USC Sec. 1144                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER II - LOAN GUARANTIES

-HEAD-
    Sec. 1144. Geothermal Resources Development Fund

-STATUTE-
    (a) Establishment; purposes for which Fund moneys may be expended
      There is established in the Treasury of the United States a
    Geothermal Resources Development Fund, which shall be available to
    the head of the designated agency for carrying out the loan
    guaranty and interest assistance program authorized by this
    subchapter, including the payment of administrative expenses
    incurred in connection therewith. Moneys in the fund not needed for
    current operations may, with the approval of the Secretary of the
    Treasury, be invested in bonds or other obligations of, or
    guaranteed by, the United States.
    (b) Deposits into the Fund
      There shall be paid into the fund the amounts appropriated
    pursuant to section 1164(c) of this title and such amounts as may
    be returned to the United States pursuant to section 1142(b) of
    this title, and the amounts in the fund shall remain available
    until expended, except that after the expiration of the ten-year
    period established by section 1143 of this title, such amounts in
    the fund which are not required to secure outstanding guaranty
    obligations shall be paid into the general fund of the Treasury.
    (c) Borrowing authority of Secretary of Energy
      If at any time the moneys available in the fund are insufficient
    to enable the Secretary of Energy to discharge his responsibilities
    under this subchapter, he shall issue to the Secretary of the
    Treasury notes or other obligations in such forms and denominations
    bearing such maturities, and subject to such terms and conditions,
    as may be prescribed by the Secretary of the Treasury. This
    borrowing authority shall be effective only to such extent or in
    such amounts as are specified in appropriation Acts. Such
    authorizations may be without fiscal year limitations. Redemption
    of such notes or obligations shall be made by the Secretary of
    Energy from appropriations or other moneys available under this
    section. Such notes or other obligations shall bear interest at a
    rate determined by the Secretary of the Treasury, which shall not
    be less than a rate determined by taking into consideration the
    average market yield on outstanding marketable obligations of the
    United States of comparable maturities during the month preceding
    the issuance of the notes or other obligations. The Secretary of
    the Treasury shall purchase any notes or other obligations issued
    hereunder and for that purpose he is authorized to use as a public
    debt transaction the proceeds from the sale of any securities
    issued under chapter 31 of title 31, and the purposes for which
    securities may be issued under that chapter are extended to include
    any purchase of such notes or obligations. The Secretary of the
    Treasury may at any time sell any of the notes or other obligations
    acquired by him under this subsection. All redemptions, purchases,
    and sales by the Secretary of the Treasury of such notes or other
    obligations shall be treated as public debt transactions of the
    United States.
    (d) Omitted

-SOURCE-
    (Pub. L. 93-410, title II, Sec. 204, Sept. 3, 1974, 88 Stat. 1087;
    Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,
    Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95-238, title V, Sec.
    511, Feb. 25, 1978, 92 Stat. 89.)

-COD-
                               CODIFICATION                           
      In subsec. (c), "chapter 31 of title 31" and "that chapter"
    substituted for "the Second Liberty Bond Act, as amended" and "that
    Act", respectively, on authority of Pub. L. 97-258, Sec. 4(b),
    Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
    Title 31, Money and Finance.
      Subsec. (d) of this section, which required the head of the
    designated agency to submit annual reports to Congress on the
    operations of the fund, terminated, effective May 15, 2000,
    pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
    a note under section 1113 of Title 31, Money and Finance. See,
    also, page 90 of House Document No. 103-7.


-MISC1-
                                AMENDMENTS                            
      1978 - Subsecs. (c), (d). Pub. L. 95-238 added subsec. (c) and
    redesignated former subsec. (c) as (d).


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of Energy" substituted in subsec. (c) for
    "Administrator" (meaning Administrator of Energy Research and
    Development Administration, see section 501(2) of Pub. L. 95-238,
    title V, Feb. 25, 1978, 92 Stat. 86), pursuant to sections 301(a),
    703, and 707 of Pub. L. 95-91, which are classified to sections
    7151(a), 7293, and 7297 of Title 42, The Public Health and Welfare,
    and which terminated Energy Research and Development Administration
    and transferred its functions and functions of Administrator
    thereof (with certain exceptions) to Secretary of Energy.

-End-



-CITE-
    30 USC Sec. 1145                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER II - LOAN GUARANTIES

-HEAD-
    Sec. 1145. Community impact assistance functions of Secretary of
      Energy

-STATUTE-
    (a) Determination of adequacy of community planning and development
      financing in covered project localities; review of State and
      local actions and sufficiency of available financing for projects
      on leased Federal lands
      The Secretary of Energy, for any project which has a guarantee
    under this subchapter of not less than $50,000,000 and which will
    have an intended operating life of not less than five years to
    satisfy the purposes under this subchapter for which the guarantee
    has been made, shall endeavor to insure that, taking into
    consideration appropriate local community action and all reasonably
    available forms of assistance under this section and other Federal
    and State statutes, that (!1) the impacts resulting from the
    proposed project have been fully evaluated by the borrower, the
    Secretary of Energy, and the Governor of the affected State, and
    that effective steps have been taken or will be taken in a timely
    manner to finance community planning and development costs
    resulting from such project under this section, if applicable under
    other provisions of law, or by other means. When the project will
    be located on leased Federal lands, the Secretary of Energy shall
    specifically review State and local actions under section 9(a) of
    the Mineral Leasing Act Amendments of 1976 (Public Law 94-377) and
    insure that any funds made available to the State pursuant to such
    section 9(a) are used to finance such planning and development
    costs before any Federal assistance under subsection (c) of this
    section is considered or authorized.

    (b) Discretionary activities for communities with projects not
      subject to coverage
      The Secretary of Energy, for projects not included under
    subsection (a) of this section, may in his discretion consider the
    community impacts which may result from such projects, and may take
    such actions, under authority directly available to him under other
    statutes or in coordination with other Federal agencies or the
    State, as he considers necessary and appropriate to insure timely
    and effective planning and financing for such community impacts.
    (c) Guarantees, commitments to guarantee, direct loans, and grants;
      scope, terms and conditions, amount, etc.
      (1) In order to discharge his responsibilities under subsection
    (a) of this section, and in accordance with such rules and
    regulations as the Secretary of Energy in consultation with the
    Secretary of the Treasury shall prescribe, and subject to such
    terms and conditions as he deems appropriate, the Secretary of
    Energy is authorized, for the purposes of financing essential
    community development and planning which directly result from, or
    are necessitated by, a project under subsection (a) of this
    section, to - 
        (A) guarantee and make commitments to guarantee the payment of
      interest on, and the principal balance of, obligations for such
      financing issued by eligible States, political subdivisions, or
      Indian tribes,
        (B) guarantee and make commitments to guarantee the payment of
      taxes imposed on such project by eligible non-Federal taxing
      authorities which taxes are earmarked by such authorities to
      support the payment of interest and principal on obligations for
      such financing, and
        (C) require that the qualified borrower receiving assistance
      for a project under this section advance sums to eligible States,
      political subdivisions, and Indian tribes to pay for the
      financing of such development and planning: Provided, That the
      State, political subdivision, or Indian tribe agrees to provide
      tax abatement credits over the life of the project for such
      payments by such applicant.

      (2) No guarantee or commitment to guarantee under paragraph (1)
    of this subsection shall exceed $1,000,000.
      (3) In the event of any default by the borrower in the payment of
    taxes guaranteed by the Secretary of Energy under this section, the
    Secretary of Energy shall pay out of the fund established by this
    subchapter such taxes at the time or times they may fall due, and
    shall have by reason of such payment a claim against the borrower
    for all sums paid plus interest.
      (4) If after consultation with (!2) State, political subdivision,
    or Indian tribe, the Secretary of Energy finds that the financial
    assistance programs of paragraph (1) of this section will not
    result in sufficient funds to carry out the purposes of this
    subsection, then the Secretary of Energy may - 

        (A) make direct loans to the eligible States, political
      subdivisions, or Indian tribes for such purposes: Provided, That
      such loans shall be made on such reasonable terms and conditions
      as the Secretary of Energy shall prescribe: Provided further,
      That the Secretary of Energy may waive repayment of all or part
      of a loan made under this paragraph, including interest, if the
      State or political subdivision or Indian tribe involved
      demonstrates to the satisfaction of the Secretary of Energy that
      due to a change in circumstances there will be net adverse
      impacts resulting from such project that would probably cause
      such State, subdivision, or tribe to default on the loan; or
        (B) require that any community development and planning costs
      which are associated with, or result from, such project, and
      which are determined by the Secretary of Energy to be appropriate
      for such inclusion, shall be included in the aggregate costs of
      the project.

      (5) The Secretary of Energy is further authorized to make grants
    to States, political subdivisions, or Indian tribes for studying
    and planning for the potential economic, environmental, and social
    consequences of projects and for establishing related management
    expertise.
      (6) At any time the Secretary of Energy may, in consultation with
    the Secretary of the Treasury, redeem, in whole or in part, out of
    the fund established by this section, the debt obligations
    guaranteed or the debt obligations for which tax payments are
    guaranteed under this subsection.
      (7) When one or more States, political subdivisions, or Indian
    tribes would be eligible for assistance under this subsection, but
    for the fact that construction and operation of the project occurs
    outside its jurisdiction, the Secretary of Energy is authorized to
    provide, to the greatest extent possible, arrangements for
    equitable sharing of such assistance.
      (8) Such amounts as may be necessary for direct loans and grants
    pursuant to this subsection shall be available as provided in
    annual authorization Acts.
      (9) The Secretary of Energy, if appropriate, shall provide
    assistance in the financing of up to 100 per centum of the costs of
    the required community development and planning pursuant to this
    section.
      (10) In carrying out the provisions of this section, the
    Secretary of Energy shall provide that title to any facility
    receiving financial assistance under this section shall vest in the
    applicable State, political subdivision, or Indian tribe, as
    appropriate, and in the case of default by the borrower on a loan
    guarantee made or committed under subsection (b) of this section,
    such facility shall not be considered a project asset for the
    purposes of section 1142 of this title.
      (11) The Secretary of Energy shall not use his authority under
    this subsection to provide Federal assistance unless any Federal
    funds transferred pursuant to section 9(a) of the Mineral Leasing
    Act Amendments of 1976 (Public Law 94-377) to the State from the
    lease of Federal land for or associated with the project have been
    or, with assurance, will be committed, to the maximum extent
    allowable under Federal statutes, to financing such essential
    community development or planning directly resulting from, or
    necessitated by, a project on leased Federal lands.

-SOURCE-
    (Pub. L. 93-410, title II, Sec. 205, as added Pub. L. 95-238, title
    V, Sec. 512, Feb. 25, 1978, 92 Stat. 89; amended Pub. L. 95-91,
    title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4, 1977, 91
    Stat. 577, 606, 607.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 9(a) of the Mineral Leasing Act Amendments of 1976
    (Public Law 94-377), referred to in subsecs. (a) and (c)(11),
    probably means the Federal Coal Leasing Amendments Act of 1976,
    Pub. L. 94-377, Sec. 9(a), Aug. 4, 1976, 90 Stat. 1090, as amended,
    which amended section 191 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of Energy" substituted in text for "Administrator"
    (meaning Administrator of Energy Research and Development
    Administration, see section 501(2) of Pub. L. 95-238, title V, Feb.
    25, 1978, 92 Stat. 86), pursuant to sections 301(a), 703, and 707
    of Pub. L. 95-91, which are classified to sections 7151(a), 7293,
    and 7297 of Title 42, The Public Health and Welfare, and which
    terminated Energy Research and Development Administration and
    transferred its functions and functions of Administrator thereof
    (with certain exceptions) to Secretary of Energy.

-FOOTNOTE-
    (!1) So in original. The second "that" appearing in this sentence
         probably should not appear.

    (!2) So in original. Probably should be followed by "the".


-End-



-CITE-
    30 USC Sec. 1146                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER II - LOAN GUARANTIES

-HEAD-
    Sec. 1146. Approval or disapproval of loan guarantee applications

-STATUTE-
      The Secretary, within sixty days after June 30, 1980, shall
    establish and implement procedures providing for a final decision
    on any loan guarantee application within four months of the date of
    filing. To the maximum extent practical, an applicant should be
    advised (prior to the submission of the application) of all
    information which will be required of the applicant in processing
    the application; and the date of filing shall be considered to be
    the date when all of such information has been submitted by the
    applicant. Any application proposed and filed as of June 30, 1980,
    shall be subject to final decision within not more than four months
    after such date.

-SOURCE-
    (Pub. L. 93-410, title II, Sec. 206, as added Pub. L. 96-294, title
    VI, Sec. 641(3), June 30, 1980, 94 Stat. 769.)

-End-



-CITE-
    30 USC Sec. 1147                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER II - LOAN GUARANTIES

-HEAD-
    Sec. 1147. Application of national environmental policy provisions

-STATUTE-
      The Secretary shall ensure, to the maximum extent possible, that
    any action undertaken pursuant to section 4332(2)(C) of title 42
    which is associated with the granting of a loan guarantee under
    this subchapter takes the maximum cognizance allowable under law of
    any other action theretofore undertaken pursuant to such section
    4332(2)(C) of title 42 with respect to the project which is the
    subject of such loan guarantee, and that no such action associated
    with the loan guarantee shall duplicate any action theretofore
    undertaken under such section 4332(2)(C) of title 42 in connection
    with such project, so long as all of the requirements which are
    applicable to such project under such section 4332(2)(C) of title
    42 will have been satisfied.

-SOURCE-
    (Pub. L. 93-410, title II, Sec. 207, as added Pub. L. 96-294, title
    VI, Sec. 641(3), June 30, 1980, 94 Stat. 769.)

-End-


-CITE-
    30 USC SUBCHAPTER III - GENERAL PROVISIONS                  01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
                    SUBCHAPTER III - GENERAL PROVISIONS                

-End-



-CITE-
    30 USC Sec. 1161                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 1161. Protection of environment

-STATUTE-
      In the conduct of its activities, the Project and any
    participating public or private persons or agencies shall place
    particular emphasis upon the objective of assuring that the
    environment and the safety of persons or property are effectively
    protected; and the program under subchapter I of this chapter shall
    include such special research and development as may be necessary
    for the achievement of that objective.

-SOURCE-
    (Pub. L. 93-410, title III, Sec. 301, Sept. 3, 1974, 88 Stat.
    1088.)

-End-



-CITE-
    30 USC Sec. 1162                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 1162. Final report to President and Congress on terminated
      projects

-STATUTE-
      (a) Repealed. Pub. L. 104-66, title I, Sec. 1051(m), Dec. 21,
    1995, 109 Stat. 717.
      (b) No later than one year after the termination of each
    demonstration project under section 1125 of this title, the
    Chairman of the Project shall submit to the President and the
    Congress a final report on the activities of the Project related to
    each project, including his recommendations with respect to any
    further legislative, administrative, and other actions which should
    be taken in support of the objectives of this chapter.

-SOURCE-
    (Pub. L. 93-410, title III, Sec. 302, Sept. 3, 1974, 88 Stat. 1088;
    Pub. L. 104-66, title I, Sec. 1051(m), Dec. 21, 1995, 109 Stat.
    717.)


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (a). Pub. L. 104-66 struck out subsec. (a) which
    read as follows: "The Chairman of the Project shall submit to the
    President and the Congress full and complete annual reports of the
    activities of the Project, including such projections and estimates
    as may be necessary to evaluate the progress of the national
    geothermal energy research, development and demonstration program
    and to provide the basis for as accurate a judgment as is possible
    concerning the extent to which the objectives of this chapter will
    have been achieved by June 30, 1980."

-End-



-CITE-
    30 USC Sec. 1163                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 1163. Transfer of functions

-STATUTE-
      (a) Within sixty days after the effective date of the law
    creating a permanent Federal organization or agency having
    jurisdiction over the energy research and development functions of
    the United States (or within sixty days after September 3, 1974, if
    the effective date of such law occurs prior to September 3, 1974),
    all of the research, development, and demonstration functions
    (including the loan guaranty program) vested in the Project under
    this chapter, along with related records, documents, personnel,
    obligations, and other items to the extent necessary or
    appropriate, shall, in accordance with regulations prescribed by
    the Office of Management and Budget, be transferred to and vested
    in such organization or agency.
      (b) Upon the establishment of a permanent Federal organization or
    agency having jurisdiction over the energy research and development
    functions of the United States, and when all research and
    development (and other) functions of the Project are transferred,
    the members of the Project may provide advice and counsel to the
    head of such organization or agency, in accordance with
    arrangements made at that time.

-SOURCE-
    (Pub. L. 93-410, title III, Sec. 303, Sept. 3, 1974, 88 Stat.
    1088.)

-End-



-CITE-
    30 USC Sec. 1164                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 24 - GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION                   
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 1164. Authorization of appropriations

-STATUTE-
    (a) Fiscal years ending June 30, 1976, and September 30, 1977,
      through September 30, 1980
      For the fiscal years ending June 30, 1976, and September 30,
    1977, 1978, 1979, and 1980, only such sums may be appropriated as
    the Congress may hereafter authorize by law.
    (b) Fiscal year ending June 30, 1975
      There are authorized to be appropriated to the National
    Aeronautics and Space Administration not to exceed $2,500,000 for
    the fiscal year ending June 30, 1975, for the purpose of preparing
    the program definition under section 1122(a) of this title.
    (c) Additional sums for Project
      In addition to sums authorized to be appropriated by subsection
    (b) of this section, there are authorized to be appropriated to the
    fund not to exceed $50,000,000 annually, such sums to carry out the
    provisions of the loan guaranty program by the Project under
    subchapter II of this chapter.

-SOURCE-
    (Pub. L. 93-410, title III, Sec. 304, Sept. 3, 1974, 88 Stat.
    1089.)

-End-


-CITE-
    30 USC CHAPTER 25 - SURFACE MINING CONTROL AND
           RECLAMATION                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION

-HEAD-
            CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION        


-MISC1-
              SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY          
    Sec.                                                     
    1201.       Congressional findings.                               
    1202.       Statement of purpose.                                 

         SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND
                                ENFORCEMENT
    1211.       Office of Surface Mining Reclamation and Enforcement. 

       SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
                                INSTITUTES
    1221.       Authorization of State allotments to institutes.      
    1222.       Research funds to institutes.                         
    1223.       Funding criteria.                                     
    1224.       Duties of Secretary.                                  
    1225.       Effect on colleges and universities.                  
    1226.       Research.                                             
    1227.       Center for cataloging.                                
    1228.       Interagency cooperation.                              
    1229.       Committee on Mining and Mineral Resources Research.   
    1230.       Eligibility criteria.                                 
    1230a.      Strategic Resources Generic Mineral Technology Center.

                SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS            
    1231.       Abandoned Mine Reclamation Fund.                      
    1232.       Reclamation fee.                                      
    1233.       Objectives of fund.                                   
    1234.       Eligible lands and water.                             
    1235.       State reclamation program.                            
    1236.       Reclamation of rural lands.                           
    1237.       Acquisition and reclamation of land adversely affected
                 by past coal mining practices.                       
    1238.       Liens.                                                
    1239.       Filling voids and sealing tunnels.                    
    1240.       Emergency powers.                                     
    1240a.      Certification.                                        
    1241.       Omitted.                                              
    1242.       Powers of Secretary or State.                         
    1243.       Interagency cooperation.                              
    1244.       Remining incentives.                                  

    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                                  MINING
    1251.       Environmental protection standards.                   
    1251a.      Abandoned coal refuse sites.                          
    1252.       Initial regulatory procedures.                        
    1253.       State programs.                                       
    1254.       Federal programs.                                     
    1255.       State laws.                                           
    1256.       Permits.                                              
    1257.       Application requirements.                             
    1258.       Reclamation plan requirements.                        
    1259.       Performance bonds.                                    
    1260.       Permit approval or denial.                            
    1261.       Revision of permits.                                  
    1262.       Coal exploration permits.                             
    1263.       Public notice and public hearings.                    
    1264.       Decisions of regulatory authority and appeals.        
    1265.       Environmental protection performance standards.       
    1266.       Surface effects of underground coal mining operations.
    1267.       Inspections and monitoring.                           
    1268.       Penalties.                                            
    1269.       Release of performance bonds or deposits.             
    1270.       Citizens suits.                                       
    1271.       Enforcement.                                          
    1272.       Designating areas unsuitable for surface coal mining. 
    1273.       Federal lands.                                        
    1274.       Public agencies, public utilities, and public
                 corporations.                                        
    1275.       Review by Secretary.                                  
    1276.       Judicial review.                                      
    1277.       Special bituminous coal mines.                        
    1278.       Surface mining operations not subject to this chapter.
    1279.       Anthracite coal mines.                                

    SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING
    1281.       Designation procedures.                               

       SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS   
    1291.       Definitions.                                          
    1292.       Other Federal laws.                                   
    1293.       Employee protection.                                  
    1294.       Penalty.                                              
    1295.       Grants to States.                                     
    1296.       Annual report to President and Congress.              
    1297.       Separability.                                         
    1298.       Alaskan surface coal mine study.                      
    1299.       Study of reclamation standards for surface mining of
                 other minerals.                                      
    1300.       Indian lands.                                         
    1301.       Environmental practices.                              
    1302.       Authorization of appropriations.                      
    1303.       Coordination of regulatory and inspection activities. 
    1304.       Surface owner protection.                             
    1305.       Federal lessee protection.                            
    1306.       Effect on rights of owner of coal in Alaska to conduct
                 surface mining operations.                           
    1307.       Water rights and replacement.                         
    1308.       Advance appropriations.                               
    1309.       Certification and training of blasters.               
    1309a.      Subsidence.                                           
    1309b.      Research.                                             

          SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES      
    1311.       Establishment of university coal research
                 laboratories.                                        
    1312.       Financial assistance.                                 
    1313.       Limitation on payments.                               
    1314.       Payments; Federal share of operating expenses.        
    1315.       Advisory Council on Coal Research.                    
    1316.       Authorization of appropriations.                      

           SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS       
    1321.       Fellowship awards.                                    
    1322.       Fellowship recipients.                                
    1323.       Distribution of fellowships.                          
    1324.       Stipends and allowances.                              
    1325.       Limitation on fellowships.                            
    1326.       Fellowship conditions.                                
    1327.       Authorization of appropriations.                      
    1328.       Research, development projects, etc., relating to
                 alternative coal mining technologies.                

-End-


-CITE-
    30 USC SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY      01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY

-HEAD-
              SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY          

-End-



-CITE-
    30 USC Sec. 1201                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY

-HEAD-
    Sec. 1201. Congressional findings

-STATUTE-
      The Congress finds and declares that - 
        (a) extraction of coal and other minerals from the earth can be
      accomplished by various methods of mining, including surface
      mining;
        (b) coal mining operations presently contribute significantly
      to the Nation's energy requirements; surface coal mining
      constitutes one method of extraction of the resource; the
      overwhelming percentage of the Nation's coal reserves can only be
      extracted by underground mining methods, and it is, therefore,
      essential to the national interest to insure the existence of an
      expanding and economically healthy underground coal mining
      industry;
        (c) many surface mining operations result in disturbances of
      surface areas that burden and adversely affect commerce and the
      public welfare by destroying or diminishing the utility of land
      for commercial, industrial, residential, recreational,
      agricultural, and forestry purposes, by causing erosion and
      landslides, by contributing to floods, by polluting the water, by
      destroying fish and wildlife habitats, by impairing natural
      beauty, by damaging the property of citizens, by creating hazards
      dangerous to life and property by degrading the quality of life
      in local communities, and by counteracting governmental programs
      and efforts to conserve soil, water, and other natural resources;
        (d) the expansion of coal mining to meet the Nation's energy
      needs makes even more urgent the establishment of appropriate
      standards to minimize damage to the environment and to
      productivity of the soil and to protect the health and safety of
      the public.(!1)

        (e) surface mining and reclamation technology are now developed
      so that effective and reasonable regulation of surface coal
      mining operations by the States and by the Federal Government in
      accordance with the requirements of this chapter is an
      appropriate and necessary means to minimize so far as practicable
      the adverse social, economic, and environmental effects of such
      mining operations;
        (f) because of the diversity in terrain, climate, biologic,
      chemical, and other physical conditions in areas subject to
      mining operations, the primary governmental responsibility for
      developing, authorizing, issuing, and enforcing regulations for
      surface mining and reclamation operations subject to this chapter
      should rest with the States;
        (g) surface mining and reclamation standards are essential in
      order to insure that competition in interstate commerce among
      sellers of coal produced in different States will not be used to
      undermine the ability of the several States to improve and
      maintain adequate standards on coal mining operations within
      their borders;
        (h) there are a substantial number of acres of land throughout
      major regions of the United States disturbed by surface and
      underground coal on which little or no reclamation was conducted,
      and the impacts from these unreclaimed lands impose social and
      economic costs on residents in nearby and adjoining areas as well
      as continuing to impair environmental quality;
        (i) while there is a need to regulate surface mining operations
      for minerals other than coal, more data and analyses are needed
      to serve as a basis for effective and reasonable regulation of
      such operations;
        (j) surface and underground coal mining operations affect
      interstate commerce, contribute to the economic well-being,
      security, and general welfare of the Nation and should be
      conducted in an environmentally sound manner; and
        (k) the cooperative effort established by this chapter is
      necessary to prevent or mitigate adverse environmental effects of
      present and future surface coal mining operations.

-SOURCE-
    (Pub. L. 95-87, title I, Sec. 101, Aug. 3, 1977, 91 Stat. 447.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in pars. (e), (f), and (k), was in the
    original "this Act", meaning Pub. L. 95-87, Aug. 3, 1977, 91 Stat.
    445, as amended, which enacted this chapter and amended section
    1114 of Title 18, Crimes and Criminal Procedure. For complete
    classification of this Act to the Code, see Short Title note set
    out below and Tables.


-MISC1-
                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-432, div. C, title II, Sec. 200, Dec. 20, 2006, 120
    Stat. 3006, provided that: "This title [enacting section 1244 of
    this title, amending sections 1231 to 1233, 1236, 1238, 1240a,
    1260, 1300, and 1302 of this title and sections 9701, 9702, 9704 to
    9707, 9711, 9712, and 9721 of Title 26, Internal Revenue Code, and
    enacting provisions set out as notes under section 1232 of this
    title and sections 9701, 9704, and 9712 of Title 26] may be cited
    as the 'Surface Mining Control and Reclamation Act Amendments of
    2006'."

                      SHORT TITLE OF 1990 AMENDMENTS                  
      Pub. L. 101-508, title VI, Sec. 6001, Nov. 5, 1990, 104 Stat.
    1388-289, provided that: "This subtitle [subtitle A (Secs. 6001-
    6014) of title VI of Pub. L. 101-508, enacting section 1240a of
    this title, amending sections 1231 to 1237, 1239, 1257, and 1302 of
    this title, and enacting provisions set out as notes under section
    1231 of this title] may be cited as the 'Abandoned Mine Reclamation
    Act of 1990'."
      Pub. L. 101-498, Sec. 1, Nov. 2, 1990, 104 Stat. 1207, provided
    that: "This Act [enacting section 1230a of this title] may be cited
    as the 'Strategic and Critical Minerals Act of 1990'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-483, Sec. 13, Oct. 12, 1988, 102 Stat. 2341, provided
    that: "This Act [amending sections 1221, 1222, 1224, 1226, 1229,
    and 1230 of this title and enacting provisions set out as notes
    under this section and section 1229 of this title] may be cited as
    the Mining and Mineral Resources Research Institute Amendments of
    1988."

                                SHORT TITLE                            
      Section 1 of Pub. L. 95-87 provided: "That this Act [enacting
    this chapter and amending section 1114 of Title 18, Crimes and
    Criminal Procedure] may be cited as the 'Surface Mining Control and
    Reclamation Act of 1977'."
      Pub. L. 98-409, Sec. 11, as added by Pub. L. 100-483, Sec. 12,
    Oct. 12, 1988, 102 Stat. 2341; amended by Pub. L. 104-312, Sec.
    1(b), Oct. 19, 1996, 110 Stat. 3819, provided that: "This Act
    [enacting subchapter III of this chapter] may be cited as the
    'Mining and Mineral Resources Institutes Act'."

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.


-End-



-CITE-
    30 USC Sec. 1202                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY

-HEAD-
    Sec. 1202. Statement of purpose

-STATUTE-
      It is the purpose of this chapter to - 
        (a) establish a nationwide program to protect society and the
      environment from the adverse effects of surface coal mining
      operations;
        (b) assure that the rights of surface landowners and other
      persons with a legal interest in the land or appurtenances
      thereto are fully protected from such operations;
        (c) assure that surface mining operations are not conducted
      where reclamation as required by this chapter is not feasible;
        (d) assure that surface coal mining operations are so conducted
      as to protect the environment;
        (e) assure that adequate procedures are undertaken to reclaim
      surface areas as contemporaneously as possible with the surface
      coal mining operations;
        (f) assure that the coal supply essential to the Nation's
      energy requirements, and to its economic and social well-being is
      provided and strike a balance between protection of the
      environment and agricultural productivity and the Nation's need
      for coal as an essential source of energy;
        (g) assist the States in developing and implementing a program
      to achieve the purposes of this chapter;
        (h) promote the reclamation of mined areas left without
      adequate reclamation prior to August 3, 1977, and which continue,
      in their unreclaimed condition, to substantially degrade the
      quality of the environment, prevent or damage the beneficial use
      of land or water resources, or endanger the health or safety of
      the public;
        (i) assure that appropriate procedures are provided for the
      public participation in the development, revision, and
      enforcement of regulations, standards, reclamation plans, or
      programs established by the Secretary or any State under this
      chapter;
        (j) provide a means for development of the data and analyses
      necessary to establish effective and reasonable regulation of
      surface mining operations for other minerals;
        (k) encourage the full utilization of coal resources through
      the development and application of underground extraction
      technologies;
        (l) stimulate, sponsor, provide for and/or supplement present
      programs for the conduct of research investigations, experiments,
      and demonstrations, in the exploration, extraction, processing,
      development, and production of minerals and the training of
      mineral engineers and scientists in the field of mining, minerals
      resources, and technology, and the establishment of an
      appropriate research and training center in various States; and
        (m) wherever necessary, exercise the full reach of Federal
      constitutional powers to insure the protection of the public
      interest through effective control of surface coal mining
      operations.

-SOURCE-
    (Pub. L. 95-87, title I, Sec. 102, Aug. 3, 1977, 91 Stat. 448.)

-End-


-CITE-
    30 USC SUBCHAPTER II - OFFICE OF SURFACE MINING
           RECLAMATION AND ENFORCEMENT                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

-HEAD-
         SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND
                                ENFORCEMENT

-End-



-CITE-
    30 USC Sec. 1211                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

-HEAD-
    Sec. 1211. Office of Surface Mining Reclamation and Enforcement

-STATUTE-
    (a) Establishment
      There is established in the Department of the Interior, the
    Office of Surface Mining Reclamation and Enforcement (hereinafter
    referred to as the "Office").
    (b) Appointment, compensation, duties, etc., of Director; employees
      The Office shall have a Director who shall be appointed by the
    President, by and with the advice and consent of the Senate, and
    shall be compensated at the rate provided for level V of the
    Executive Schedule under section 5315 (!1) of title 5, and such
    other employees as may be required. Pursuant to section 5108 of
    title 5, and after consultation with the Secretary, the Director of
    the Office of Personnel Management shall determine the necessary
    number of positions in general schedule employees in grade 16, 17,
    and 18 to perform functions of this subchapter and shall allocate
    such positions to the Secretary. The Director shall have the
    responsibilities provided under subsection (c) of this section and
    those duties and responsibilities relating to the functions of the
    Office which the Secretary may assign, consistent with this
    chapter. Employees of the Office shall be recruited on the basis of
    their professional competence and capacity to administer the
    provisions of this chapter. The Office may use, on a reimbursable
    basis when appropriate, employees of the Department and other
    Federal agencies to administer the provisions of this chapter,
    providing that no legal authority, program, or function in any
    Federal agency which has as its purpose promoting the development
    or use of coal or other mineral resources or regulating the health
    and safety of miners under provisions of the Federal Coal Mine
    Health and Safety Act of 1969 (83 Stat. 742) [30 U.S.C. 801 et
    seq.], shall be transferred to the Office.

    (c) Duties of Secretary
      The Secretary, acting through the Office, shall - 
        (1) administer the programs for controlling surface coal mining
      operations which are required by this chapter; review and approve
      or disapprove State programs for controlling surface coal mining
      operations and reclaiming abandoned mined lands; make those
      investigations and inspections necessary to insure compliance
      with this chapter; conduct hearings, administer oaths, issue
      subpenas, and compel the attendance of witnesses and production
      of written or printed material as provided for in this chapter;
      issue cease-and-desist orders; review and vacate or modify or
      approve orders and decisions; and order the suspension,
      revocation, or withholding of any permit for failure to comply
      with any of the provisions of this chapter or any rules and
      regulations adopted pursuant thereto;
        (2) publish and promulgate such rules and regulations as may be
      necessary to carry out the purposes and provisions of this
      chapter;
        (3) administer the State grant-in-aid program for the
      development of State programs for surface and mining and
      reclamation operations provided for in subchapter V of this
      chapter;
        (4) administer the program for the purchase and reclamation of
      abandoned and unreclaimed mined areas pursuant to subchapter IV
      of this chapter;
        (5) administer the surface mining and reclamation research and
      demonstration project authority provided for in this chapter;
        (6) consult with other agencies of the Federal Government
      having expertise in the control and reclamation of surface mining
      operations and assist States, local governments, and other
      eligible agencies in the coordination of such programs;
        (7) maintain a continuing study of surface mining and
      reclamation operations in the United States;
        (8) develop and maintain an Information and Data Center on
      Surface Coal Mining, Reclamation, and Surface Impacts of
      Underground Mining, which will make such data available to the
      public and the Federal, regional, State, and local agencies
      conducting or concerned with land use planning and agencies
      concerned with surface and underground mining and reclamation
      operations;
        (9) assist the States in the development of State programs for
      surface coal mining and reclamation operations which meet the
      requirements of this chapter, and at the same time, reflect local
      requirements and local environmental and agricultural conditions;
        (10) assist the States in developing objective scientific
      criteria and appropriate procedures and institutions for
      determining those areas of a State to be designated unsuitable
      for all or certain types of surface coal mining pursuant to
      section 1272 of this title;
        (11) monitor all Federal and State research programs dealing
      with coal extraction and use and recommend to Congress the
      research and demonstration projects and necessary changes in
      public policy which are designated to (A) improve feasibility of
      underground coal mining, and (B) improve surface mining and
      reclamation techniques directed at eliminating adverse
      environmental and social impacts;
        (12) cooperate with other Federal agencies and State regulatory
      authorities to minimize duplication of inspections, enforcement,
      and administration of this chapter; and
        (13) perform such other duties as may be provided by law and
      relate to the purposes of this chapter.
    (d) Restriction on use of Federal coal mine health and safety
      inspectors
      The Director shall not use either permanently or temporarily any
    person charged with responsibility of inspecting coal mines under
    the Federal Coal Mine Health and Safety Act of 1969 [30 U.S.C. 801
    et seq.], unless he finds and publishes such finding in the Federal
    Register, that such activities would not interfere with such
    inspections under the 1969 Act.
    (e) Repealed. Pub. L. 96-511, Sec. 4(b), Dec. 11, 1980, 94 Stat.
      2826
    (f) Conflict of interest; penalties; rules and regulations; report
      to Congress
      No employee of the Office or any other Federal employee
    performing any function or duty under this chapter shall have a
    direct or indirect financial interest in underground or surface
    coal mining operations. Whoever knowingly violates the provisions
    of the above sentence shall, upon conviction, be punished by a fine
    of not more than $2,500, or by imprisonment for not more than one
    year, or both. The Director shall (1) within sixty days after
    August 3, 1977, publish regulations, in accordance with section 553
    of title 5, to establish the methods by which the provisions of
    this subsection will be monitored and enforced, including
    appropriate provisions for the filing by such employees and the
    review of statements and supplements thereto concerning their
    financial interests which may be affected by this subsection, and
    (2) report to the Congress as part of the annual report (section
    1296 of this title) on the actions taken and not taken during the
    preceding calendar year under this subsection.
    (g) Petition for issuance, amendment, or repeal of rule; filing;
      hearing or investigation; notice of denial
      (1) After the Secretary has adopted the regulations required by
    section 1251 of this title, any person may petition the Director to
    initiate a proceeding for the issuance, amendment, or repeal of a
    rule under this chapter.
      (2) Such petitions shall be filed in the principal office of the
    Director and shall set forth the facts which it is claimed
    established that it is necessary to issue, amend, or repeal a rule
    under this chapter.
      (3) The Director may hold a public hearing or may conduct such
    investigation or proceeding as the Director deems appropriate in
    order to determine whether or not such petition should be granted.
      (4) Within ninety days after filing of a petition described in
    paragraph (1), the Director shall either grant or deny the
    petition. If the Director grants such petition, the Director shall
    promptly commence an appropriate proceeding in accordance with the
    provisions of this chapter. If the Director denies such petition,
    the Director shall so notify the petitioner in writing setting
    forth the reasons for such denial.

-SOURCE-
    (Pub. L. 95-87, title II, Sec. 201, Aug. 3, 1977, 91 Stat. 449;
    Pub. L. 95-240, title I, Sec. 100, Mar. 7, 1978, 92 Stat. 109; 1978
    Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92
    Stat. 3783; Pub. L. 96-511, Sec. 4(b), Dec. 11, 1980, 94 Stat.
    2826.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Coal Mine Health and Safety Act of 1969, referred to
    in subsecs. (b) and (d), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat.
    742, as amended, which was redesignated the Federal Mine Safety and
    Health Act of 1977 by Pub. L. 95-164, title I, Sec. 101, Nov. 9,
    1977, 91 Stat. 1290, and is classified principally to chapter 22
    (Sec. 801 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    801 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (e). Pub. L. 96-511 struck subsec. (e) which
    provided for consideration of Office of Surface Mining Reclamation
    and Enforcement as an independent Federal regulatory agency. See
    section 3502(10) of Title 44, Public Printing and Documents.
      1978 - Subsec. (b). Pub. L. 95-240 substituted "V" for "IV".

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-511 effective Apr. 1, 1981, see section 5
    of Pub. L. 96-511, set out as a note under section 2904 of Title
    44, Public Printing and Documents.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (f) of this section relating to requirement to report to Congress
    on actions taken and not taken under subsec. (f), see section 3003
    of Pub. L. 104-66, as amended, set out as a note under section 1113
    of Title 31, Money and Finance, and page 109 of House Document No.
    103-7.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "The Director of the Office of Personnel Management" substituted
    for "a majority of members of the Civil Service Commission" in
    subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43
    F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5,
    Government Organization and Employees, which transferred all
    functions vested by statute in the United States Civil Service
    Commission to the Director of the Office of Personnel Management
    (except as otherwise specified), effective Jan. 1, 1979, as
    provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44
    F.R. 1055, set out under section 1101 of Title 5.


-MISC2-
          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

                       TRAVEL AND PER DIEM EXPENSES                   
      Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1793,
    provided: "That notwithstanding any other provisions of law,
    appropriations for the Office of Surface Mining Reclamation and
    Enforcement may, hereafter, provide for the travel and per diem
    expenses of State and tribal personnel attending OSMRE sponsored
    training".
      Similar provisions were contained in the following appropriations
    acts:
      Pub. L. 109-54, title I, Aug. 2, 2005, 119 Stat. 512.
      Pub. L. 108-447, div. E, title I, Dec. 8, 2004, 118 Stat. 3054.
      Pub. L. 108-108, title I, Nov. 10, 2003, 117 Stat. 1256.
      Pub. L. 108-7, div. F, title I, Feb. 20, 2003, 117 Stat. 230.
      Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 429.
      Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 933.
      Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29,
    1999, 113 Stat. 1535, 1501A-147.
      Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-244.
      Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1553.
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept.
    30, 1996, 110 Stat. 3009-181, 3009-191.
      Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-168; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2510.
      Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1389.
      Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1387.
      Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1002.
      Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1927.
      Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 712.

-FOOTNOTE-
    (!1) So in original. Probably should be section "5316".


-End-


-CITE-
    30 USC SUBCHAPTER III - STATE MINING AND MINERAL
           RESOURCES RESEARCH INSTITUTES                   01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
       SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
                                INSTITUTES

-COD-
                               CODIFICATION                           
      Subchapter was not enacted as part of the Surface Mining Control
    and Reclamation Act of 1977 which comprises this chapter.

-End-



-CITE-
    30 USC Sec. 1221                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1221. Authorization of State allotments to institutes

-STATUTE-
      (a)(1) There are authorized to be appropriated to the Secretary
    of the Interior (hereafter in this subchapter referred to as the
    "Secretary") funds adequate to provide for each participating State
    $400,000 for each of the fiscal years ending September 30, 1990,
    through September 30, 1994, to assist the States in carrying on the
    work of a competent and qualified mining and mineral resources
    research institute or center (hereafter in this subchapter referred
    to as the "institute") at one public college or university in the
    State which meets the eligibility criteria established in section
    1230 of this title.
      (2)(A) Funds appropriated under this section shall be made
    available for grants to be matched on a basis of no less than 2 non-
    Federal dollars for each Federal dollar.
      (B) If there is more than one such eligible college or university
    in a State, funds appropriated under this subchapter shall, in the
    absence of a designation to the contrary by act of the legislature
    of the State, be granted to one such college or university
    designated by the Governor of the State.
      (C) Where a State does not have a public college or university
    eligible under section 1230 of this title, the Committee on Mining
    and Mineral Resources Research established in section 1229 of this
    title (hereafter in this subchapter referred to as the "Committee")
    may allocate the State's allotment to one private college or
    university which it determines to be eligible under such section.
      (b) It shall be the duty of each institute to plan and conduct,
    or arrange for a component or components of the college or
    university with which it is affiliated to conduct research,
    investigations, demonstrations, and experiments of either, or both,
    a basic or practical nature in relation to mining and mineral
    resources, and to provide for the training of mineral engineers and
    scientists through such research, investigations, demonstrations,
    and experiments. The subject of such research, investigation,
    demonstration, experiment, and training may include exploration;
    extraction; processing; development; production of fuel and nonfuel
    mineral resources; mining and mineral technology; supply and demand
    for minerals; conservation and best use of available supplies of
    minerals; the economic, legal, social, engineering, recreational,
    biological, geographic, ecological, and other aspects of mining,
    mineral resources, and mineral reclamation. Such research,
    investigation, demonstration, experiment and training shall
    consider the interrelationship with the natural environment, the
    varying conditions and needs of the respective States, and mining
    and mineral resources research projects being conducted by agencies
    of the Federal and State governments and other institutes.

-SOURCE-
    (Pub. L. 98-409, Sec. 1, Aug. 29, 1984, 98 Stat. 1536; Pub. L. 100-
    483, Secs. 2-4, Oct. 12, 1988, 102 Stat. 2339.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1221, Pub. L. 95-87, title III, Sec. 301, Aug. 3,
    1977, 91 Stat. 451, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

                                AMENDMENTS                            
      1988 - Subsec. (a)(1). Pub. L. 100-483, Sec. 2, substituted
    "$400,000 for each of the fiscal years ending September 30, 1990,
    through September 30, 1994" for "$300,000 for the fiscal year
    ending September 30, 1985, and $400,000 to each participating State
    for each fiscal year thereafter for a total of five years".
      Subsec. (a)(2)(A). Pub. L. 100-483, Sec. 3, amended subpar. (A)
    generally. Prior to amendment, subpar. (A) read as follows: "Funds
    appropriated under this section shall be made available for grants
    to be matched on a basis of no less than one and one-half non-
    Federal dollars for each Federal dollar during the fiscal years
    ending September 30, 1985, and September 30, 1986, and no less than
    two non-Federal dollars for each Federal dollar during the fiscal
    years ending September 30, 1987, September 30, 1988, and September
    30, 1989."
      Subsec. (b). Pub. L. 100-483, Sec. 4, substituted "production of
    fuel and nonfuel mineral resources" for "production of mineral
    resources".

                                SHORT TITLE                            
      For short title of Pub. L. 98-409, which enacted this subchapter,
    as the Mining and Mineral Resources Institutes Act, see section 11
    of Pub. L. 98-409, as amended, set out as a note under section 1201
    of this title.

-End-



-CITE-
    30 USC Sec. 1222                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1222. Research funds to institutes

-STATUTE-
    (a) Authorization of appropriations
      There is authorized to be appropriated to the Secretary not more
    than $15,000,000 for each of the fiscal years ending September 30,
    1990, through September 30, 1994, which shall remain available
    until expended. Such funds when appropriated shall be made
    available to an institute or to institutes participating in a
    generic mineral technology center to meet the necessary expenses
    for purposes of - 
        (1) specific mineral research and demonstration projects of
      broad application, which could not otherwise be undertaken,
      including the expenses of planning and coordinating regional
      mining and mineral resources research projects by two or more
      institutes; and
        (2) research into any aspects of mining and mineral resources
      problems related to the mission of the Department of the
      Interior, which are deemed by the Committee to be desirable and
      are not otherwise being studied.

    There is authorized to be appropriated to the Secretary not more
    than $1,800,000 for each of the fiscal years after fiscal year 1996
    to be made available by the Secretary to an institute or institutes
    experienced in investigating the continental shelf regions of the
    United States, the deep seabed and near shore environments of
    islands, and the Arctic and cold water regions as a source for
    nonfuel minerals. Such funds are to be used by the institute or
    institutes to assist in developing domestic technological
    capabilities required for the location of, and the efficient and
    environmentally sound recovery of, minerals (other than oil and
    gas) from the Nation's shallow and deep seabed.
    (b) Application for funds; contents
      Each application for funds under subsection (a) of this section
    shall state, among other things, the nature of the project to be
    undertaken; the period during which it will be pursued; the
    qualifications of the personnel who will direct and conduct it; the
    estimated costs; the importance of the project to the Nation,
    region, or State concerned; its relation to other known research
    projects theretofore pursued or being pursued; the extent to which
    the proposed project will provide opportunity for the training of
    mining and mineral engineers and scientists; and the extent of
    participation by nongovernmental sources in the project.
    (c) Research facilities; selection of institutes; designation of
      funds for scholarships and fellowships
      The Committee shall review all such funding applications and
    recommend to the Secretary the use of the institutes, insofar as
    practicable, to perform special research. Recommendations shall be
    made without regard to the race, religion, or sex of the personnel
    who will conduct and direct the research, and on the basis of the
    facilities available in relation to the particular needs of the
    research project; special geographic, geologic, or climatic
    conditions within the immediate vicinity of the institute; any
    other special requirements of the research project; and the extent
    to which such project will provide an opportunity for training
    individuals as mineral engineers and scientists. The Committee
    shall recommend to the Secretary the designation and utilization of
    such portions of the funds authorized to be appropriated by this
    section as it deems appropriate for the purpose of providing
    scholarships, graduate fellowships, and postdoctoral fellowships.
    (d) Requirements for receipt of funds
      No funds shall be made available under subsection (a) of this
    section except for a project approved by the Secretary and all
    funds shall be made available upon the basis of merit of the
    project, the need for the knowledge which it is expected to produce
    when completed, and the opportunity it provides for the training of
    individuals as mineral engineers and scientists.
    (e) Restriction on application of funds
      No funds made available under this section shall be applied to
    the acquisition by purchase or lease of any land or interests
    therein, or the rental, purchase, construction, preservation, or
    repair of any building.

-SOURCE-
    (Pub. L. 98-409, Sec. 2, Aug. 29, 1984, 98 Stat. 1537; Pub. L. 100-
    483, Sec. 5, Oct. 12, 1988, 102 Stat. 2339; Pub. L. 104-312, Sec.
    1(a), Oct. 19, 1996, 110 Stat. 3819.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1222, Pub. L. 95-87, title III, Sec. 302, Aug. 3,
    1977, 91 Stat. 452, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-312 inserted at end "There is
    authorized to be appropriated to the Secretary not more than
    $1,800,000 for each of the fiscal years after fiscal year 1996 to
    be made available by the Secretary to an institute or institutes
    experienced in investigating the continental shelf regions of the
    United States, the deep seabed and near shore environments of
    islands, and the Arctic and cold water regions as a source for
    nonfuel minerals. Such funds are to be used by the institute or
    institutes to assist in developing domestic technological
    capabilities required for the location of, and the efficient and
    environmentally sound recovery of, minerals (other than oil and
    gas) from the Nation's shallow and deep seabed."
      1988 - Subsec. (a). Pub. L. 100-483, in introductory provisions,
    substituted "not more than $15,000,000 for each of the fiscal years
    ending September 30, 1990, through September 30, 1994" for
    "$10,000,000 for the fiscal year ending September 30, 1985. This
    amount shall be increased by $1,000,000 for each fiscal year
    thereafter for four additional years" and "an institute or to
    institutes participating in a generic mineral technology center"
    for "institutes".

-End-



-CITE-
    30 USC Sec. 1223                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1223. Funding criteria

-STATUTE-
      (a) Funds available to institutes under sections 1221 and 1222 of
    this title shall be paid at such times and in such amounts during
    each fiscal year as determined by the Secretary, and upon vouchers
    approved by him. Each institute shall - 
        (1) set forth its plan to provide for the training of
      individuals as mineral engineers and scientists under a
      curriculum appropriate to the field of mineral resources and
      mineral engineering and related fields;
        (2) set forth policies and procedures which assure that Federal
      funds made available under this subchapter for any fiscal year
      will supplement and, to the extent practicable, increase the
      level of funds that would, in the absence of such Federal funds,
      be made available for purposes of this subchapter, and in no case
      supplant such funds; and
        (3) have an officer appointed by its governing authority who
      shall receive and account for all funds paid under the provisions
      of this subchapter and shall make an annual report to the
      Secretary on or before the first day of September of each year,
      on work accomplished and the status of projects underway,
      together with a detailed statement of the amounts received under
      any provisions of this subchapter during the preceding fiscal
      year, and of its disbursements on schedules prescribed by the
      Secretary.

    If any of the funds received by the authorized receiving officer of
    any institute under the provisions of this subchapter shall by any
    action or contingency be found by the Secretary to have been
    improperly diminished, lost, or misapplied, such funds shall be
    replaced by the State concerned and until so replaced no subsequent
    appropriation shall be allotted or paid to any institute of such
    State.
      (b) The institutes are authorized and encouraged to plan and
    conduct programs under this subchapter in cooperation with each
    other and with such other agencies and individuals as may
    contribute to the solution of the mining and mineral resources
    problems involved. Moneys appropriated pursuant to this subchapter
    shall be available for paying the necessary expenses of planning,
    coordinating, and conducting such cooperative research.

-SOURCE-
    (Pub. L. 98-409, Sec. 3, Aug. 29, 1984, 98 Stat. 1538.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1223, Pub. L. 95-87, title III, Sec. 303, Aug. 3,
    1977, 91 Stat. 453, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

-End-



-CITE-
    30 USC Sec. 1224                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1224. Duties of Secretary

-STATUTE-
    (a) Consulting with other agencies; prescribing rules and
      regulations; furnishing advice and assistance; coordinating
      research
      The Secretary, acting through the Director of the United States
    Bureau of Mines, shall administer this subchapter and, after full
    consultation with other interested Federal agencies, shall
    prescribe such rules and regulations as may be necessary to carry
    out its provisions. The Secretary shall furnish such advice and
    assistance as will best promote the purposes of this subchapter,
    shall participate in coordinating research initiated under this
    subchapter by the institutes, shall indicate to them such lines of
    inquiry that seem most important, and shall encourage and assist in
    the establishment and maintenance of cooperation by and between the
    institutes and between them and other research organizations, the
    United States Department of the Interior, and other Federal
    establishments.
    (b) Annual ascertainment of compliance
      On or before the first day of July in each year beginning after
    August 29, 1984, the Secretary shall ascertain whether the
    requirements of section 1223(a) of this title have been met as to
    each institute and State.

-SOURCE-
    (Pub. L. 98-409, Sec. 4, Aug. 29, 1984, 98 Stat. 1538; Pub. L. 100-
    483, Sec. 6, Oct. 12, 1988, 102 Stat. 2340; Pub. L. 102-285, Sec.
    10(b), May 18, 1992, 106 Stat. 172.)

-COD-
                               CODIFICATION                           
      Subsec. (c) of this section, which required the Secretary to make
    an annual report to Congress on the receipts, expenditures, and
    work of the institutes in all States under the provisions of this
    subchapter, terminated, effective May 15, 2000, pursuant to section
    3003 of Pub. L. 104-66, as amended, set out as a note under section
    1113 of Title 31, Money and Finance. See, also, page 109 of House
    Document No. 103-7.
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1224, Pub. L. 95-87, title III, Sec. 304, Aug. 3,
    1977, 91 Stat. 454, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-483 inserted ", acting through
    the Director of the Bureau of Mines," after "The Secretary".

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (a) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.

-End-



-CITE-
    30 USC Sec. 1225                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1225. Effect on colleges and universities

-STATUTE-
      Nothing in this subchapter shall be construed to impair or modify
    the legal relationship existing between any of the colleges or
    universities under whose direction an institute is established and
    the government of the State in which it is located, and nothing in
    this subchapter shall in any way be construed to authorize Federal
    control or direction of education at any college or university.

-SOURCE-
    (Pub. L. 98-409, Sec. 5, Aug. 29, 1984, 98 Stat. 1539.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1225, Pub. L. 95-87, title III, Sec. 305, Aug. 3,
    1977, 91 Stat. 454, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

-End-



-CITE-
    30 USC Sec. 1226                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1226. Research

-STATUTE-
    (a) Coordination with existing programs; availability of
      information to public
      The Secretary shall obtain the continuing advice and cooperation
    of all agencies of the Federal Government concerned with mining and
    mineral resources, of State and local governments, and of private
    institutions and individuals to assure that the programs authorized
    by this subchapter will supplement and not be redundant with
    respect to established mining and minerals research programs, and
    to stimulate research in otherwise neglected areas, and to
    contribute to a comprehensive nationwide program of mining and
    minerals research, with due regard for the protection and
    conservation of the environment. The Secretary shall make generally
    available information and reports on projects completed, in
    progress, or planned under the provisions of this subchapter, in
    addition to any direct publication of information by the institutes
    themselves.
    (b) Effect on Federal agencies
      Nothing in this subchapter is intended to give or shall be
    construed as giving the Secretary any authority over mining and
    mineral resources research conducted by any agency of the Federal
    Government, or as repealing or diminishing existing authorities or
    responsibilities of any agency of the Federal Government to plan
    and conduct, contract for, or assist in research in its area of
    responsibility and concern with regard to mining and mineral
    resources.
    (c) Availability of results to public
      No research, demonstration, or experiment shall be carried out
    under this subchapter by an institute financed by grants under this
    subchapter, unless all uses, products, processes, patents, and
    other developments resulting therefrom, with such exception or
    limitation, if any, as the Secretary may find necessary in the
    public interest, are made available promptly to the general public.
    Patentable inventions shall be governed by the provisions of Public
    Law 96-517. Nothing contained in this section shall deprive the
    owner of any background patent relating to any such activities of
    any rights which that owner may have under that patent.
    (d) Authorization of appropriations
      (1) There is authorized to be appropriated to the Secretary
    $450,000 for each of the fiscal years ending September 30, 1990,
    through September 30, 1994, to administer this subchapter. No funds
    may be withheld by the Secretary for administrative expenses from
    those authorized to be appropriated by sections 1221 and 1222 of
    this title.
      (2) There are authorized to be appropriated to the Secretary such
    sums as are necessary for the printing and publishing of the
    results of activities carried out by institutes and generic mineral
    technology centers under this subchapter, but such appropriations
    shall not exceed $550,000 in any single fiscal year.

-SOURCE-
    (Pub. L. 98-409, Sec. 6, Aug. 29, 1984, 98 Stat. 1539; Pub. L. 100-
    483, Sec. 7, Oct. 12, 1988, 102 Stat. 2340.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 96-517, referred to in subsec. (c), is Pub. L. 96-517,
    Dec. 12, 1980, 94 Stat. 3015. Section 6(a) of Pub. L. 96-517,
    relating to patent rights in inventions made with Federal
    assistance, is classified to chapter 18 (Sec. 200 et seq.) of Title
    35, Patents. For complete classification of this Act to the Code,
    see Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1226, Pub. L. 95-87, title III, Sec. 306, Aug. 3,
    1977, 91 Stat. 454, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

                                AMENDMENTS                            
      1988 - Subsec. (d). Pub. L. 100-483 amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "There
    are authorized to be appropriated after September 30, 1984, such
    sums as are necessary for the printing and publishing of the
    results of activities carried out by institutes under this
    subchapter and for administrative planning and direction, but such
    appropriations shall not exceed $1,000,000 in any single fiscal
    year."

-End-



-CITE-
    30 USC Sec. 1227                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1227. Center for cataloging

-STATUTE-
      The Secretary shall establish a center for cataloging current and
    projected scientific research in all fields of mining and mineral
    resources. Each Federal agency doing mining and mineral resources
    research shall cooperate by providing the cataloging center with
    information on work underway or scheduled by it. The cataloging
    center shall classify and maintain for public use a catalog of
    mining and mineral resources research and investigation projects in
    progress or scheduled by all Federal agencies and by such non-
    Federal agencies of government, colleges, universities, private
    institutions, firms, and individuals as may make such information
    available.

-SOURCE-
    (Pub. L. 98-409, Sec. 7, Aug. 29, 1984, 98 Stat. 1540.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1227, Pub. L. 95-87, title III, Sec. 307, Aug. 3,
    1977, 91 Stat. 455, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

-End-



-CITE-
    30 USC Sec. 1228                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1228. Interagency cooperation

-STATUTE-
      The President shall, by such means as he deems appropriate,
    clarify agency responsibility for Federal mining and mineral
    resources research and provide for interagency coordination of such
    research, including the research authorized by this subchapter.
    Such coordination shall include - 
        (1) continuing review of the adequacy of the Government-wide
      program in mining and mineral resources research;
        (2) identification and elimination of duplication and overlap
      between agency programs;
        (3) identification of technical needs in various mining and
      mineral resources research categories;
        (4) recommendations with respect to allocation of technical
      effort among Federal agencies;
        (5) review of technical manpower needs, and findings concerning
      management policies to improve the quality of the Government-wide
      research effort; and
        (6) actions to facilitate interagency communication at
      management levels.

-SOURCE-
    (Pub. L. 98-409, Sec. 8, Aug. 29, 1984, 98 Stat. 1540.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1228, Pub. L. 95-87, title III, Sec. 308, Aug. 3,
    1977, 91 Stat. 455, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

-End-



-CITE-
    30 USC Sec. 1229                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1229. Committee on Mining and Mineral Resources Research

-STATUTE-
    (a) Appointment; composition
      The Secretary shall appoint a Committee on Mining and Mineral
    Resources Research composed of - 
        (1) the Assistant Secretary of the Interior responsible for
      minerals and mining research, or his delegate;
        (2) the Director, United States Bureau of Mines, or his
      delegate;
        (3) the Director, United States Geological Survey, or his
      delegate;
        (4) the Director of the National Science Foundation, or his
      delegate;
        (5) the President, National Academy of Sciences, or his
      delegate;
        (6) the President, National Academy of Engineering, or his
      delegate; and
        (7) not more than 7 other persons who are knowledgeable in the
      fields of mining and mineral resources research, including two
      university administrators involved in the conduct of programs
      authorized by this subchapter, 3 representatives from the mining
      industry, a working miner, and a representative from the
      conservation community. In making these 7 appointments, the
      Secretary shall consult with interested groups.
    (b) Consultation and recommendations
      The Committee shall consult with, and make recommendations to,
    the Secretary on all matters relating to mining and mineral
    resources research and the determinations that are required to be
    made under this subchapter. The Secretary shall consult with, and
    consider recommendations of, such Committee in such matters.
    (c) Compensation, travel, subsistence and related expenses
      Committee members, other than officers or employees of Federal,
    State, or local governments, shall be, for each day (including
    traveltime) during which they are performing Committee business,
    paid at a rate fixed by the Secretary but not (!1) excess of the
    daily equivalent of the maximum rate of pay for grade GS-18 of the
    General Schedule under section 5332 of title 5, and shall be fully
    reimbursed for travel, subsistence, and related expenses.

    (d) Chairmanship of Committee
      The Committee shall be jointly chaired by the Assistant Secretary
    of the Interior responsible for minerals and mining and a person to
    be elected by the Committee from among the members referred to in
    paragraphs (5), (6), and (7) of subsection (a) of this section.
    (e) National plan for research
      The Committee shall develop a national plan for research in
    mining and mineral resources, considering ongoing efforts in the
    universities, the Federal Government, and the private sector, and
    shall formulate and recommend a program to implement the plan
    utilizing resources provided for under this subchapter. The
    Committee shall submit such plan to the Secretary, the President,
    and the Congress on or before March 1, 1986, and shall submit an
    annual update of such plan by January 15 of each calendar year.
    (f) Application of Federal Advisory Committee Act
      Section 10 of the Federal Advisory Committee Act (5 U.S.C. App.)
    shall not apply to the Committee.

-SOURCE-
    (Pub. L. 98-409, Sec. 9, Aug. 29, 1984, 98 Stat. 1540; Pub. L. 100-
    483, Secs. 8, 9, Oct. 12, 1988, 102 Stat. 2340; Pub. L. 102-285,
    Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 10 of the Federal Advisory Committee Act, referred to in
    subsec. (f), is section 10 of Pub. L. 92-463, which is set out in
    the Appendix to Title 5, Government Organization and Employees.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1229, Pub. L. 95-87, title III, Sec. 309, Aug. 3,
    1977, 91 Stat. 455, contained provisions similar to this section
    covering fiscal years 1978 through 1984.

                                AMENDMENTS                            
      1988 - Subsec. (a)(7). Pub. L. 100-483, Sec. 8, substituted "7
    other persons" for "six other persons", "this subchapter, 3" for
    "section 301 of the Surface Mining Control and Reclamation Act of
    1977, two", and "7 appointments" for "six appointments".
      Subsec. (e). Pub. L. 100-483, Sec. 9, substituted "submit an
    annual update of such plan by January 15 of each calendar year" for
    "update the plan annually thereafter".

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (a)(2) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.


-MISC2-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (e) of this section relating to the requirement to submit annual
    updates of the national plan to Congress, see section 3003 of Pub.
    L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance, and page 157 of House Document No. 103-
    7.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

                                  REPORTS                              
      Section 11 of Pub. L. 100-483 directed Committee on Mining and
    Mineral Resources Research to submit a report to Congress by Jan.
    15, 1992, on programs established under this subchapter, including
    reviews of activities of the institutes and generic mineral
    technology centers established under this subchapter, each
    institute's and center's eligibility pursuant to section 1230 of
    this title, and recommendations on establishing new generic mineral
    technology centers, as well as phasing out or consolidating
    existing centers, and further directed Committee to submit to
    Congress, by Jan. 15, 1990, a proposal to establish a Generic
    Mineral Technology Center on Strategic and Critical Minerals.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "in".


-End-



-CITE-
    30 USC Sec. 1230                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1230. Eligibility criteria

-STATUTE-
      (a) The Committee shall determine the eligibility of a college or
    university to participate as a mining and mineral resources
    research institute under this subchapter using criteria which
    include - 
        (1) the presence of a substantial program of graduate
      instruction and research in mining or mineral extraction or
      closely related fields which has a demonstrated history of
      achievement;
        (2) evidence of institutional commitment for the purposes of
      this subchapter;
        (3) evidence that such institution has or can obtain
      significant industrial cooperation in activities within the scope
      of this subchapter; and
        (4) the presence of an engineering program in mining or
      minerals extraction that is accredited by the Accreditation Board
      for Engineering and Technology, or evidence of equivalent
      institutional capability as determined by the Committee.

      (b)(1) Notwithstanding the provisions of subsection (a) of this
    section, those colleges or universities which, on October 12, 1988,
    have a mining or mineral resources research institute program which
    has been found to be eligible pursuant to this subchapter shall
    continue to be eligible subject to review at least once during the
    period authorized by the Mining and Mineral Resources Research
    Institute Amendments of 1988, under the provisions of subsection
    (a) of this section. The results of such review shall be submitted
    by January 15, 1992, pursuant to section 11(a)(2) of the Mining and
    Mineral Resources Research Institute Amendments of 1988.
      (2) Generic mineral technology centers established by the
    Secretary under this subchapter are to be composed of institutes
    eligible pursuant to subsection (a) of this section. Existing
    generic mineral technology centers shall continue to be eligible
    under this subchapter subject to at least one review prior to
    January 15, 1992, pursuant to section 11(a)(3) of the Mining and
    Mineral Resources Research Institute Amendments of 1988.

-SOURCE-
    (Pub. L. 98-409, Sec. 10, Aug. 29, 1984, 98 Stat. 1541; Pub. L. 100-
    483, Sec. 10, Oct. 12, 1988, 102 Stat. 2340.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mining and Mineral Resources Research Institute Amendments of
    1988, referred to in subsec. (b), is Pub. L. 100-483, Oct. 12,
    1988, 102 Stat. 2339. Section 11(a)(2) and (3) of the Mining and
    Mineral Resources Research Institute Amendments of 1988 is set out
    as a note under section 1229 of this title. For complete
    classification of this Act to the Code, see Short Title of 1988
    Amendment note set out under section 1201 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (b). Pub. L. 100-483 amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows:
    "Notwithstanding the provisions of subsection (a) of this section,
    those colleges or universities which, on August 29, 1984, have a
    mining or mineral resources research institute program which has
    been found to be eligible pursuant to title III of the Surface
    Mining Control and Reclamation Act of 1977 (91 Stat. 445) shall
    continue to be eligible pursuant to this subchapter for a period of
    four fiscal years beginning October 1, 1984."

-End-



-CITE-
    30 USC Sec. 1230a                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH
           INSTITUTES                                    

-HEAD-
    Sec. 1230a. Strategic Resources Generic Mineral Technology Center

-STATUTE-
    (a) Establishment
      The Secretary of (!1) Interior is authorized and directed to
    establish a Strategic Resources Mineral Technology Center
    (hereinafter referred to as the "center") for the purpose of
    improving existing, and developing new, technologies that will
    decrease the dependence of the United States on supplies of
    strategic and critical minerals.

    (b) Functions
      The center shall - 
        (1) provide for studies and technology development in the areas
      of mineral extraction and refining processes, product
      substitution and conservation of mineral resources through
      recycling and advanced processing and fabrication methods;
        (2) identify new deposits of strategic and critical mineral
      resources; and
        (3) facilitate the transfer of information, studies, and
      technologies developed by the center to the private sector.
    (c) Criteria
      The Secretary shall establish the center referred to in
    subsection (a) of this section at a university that - 
        (1) does not currently host a generic mineral technology
      center;
        (2) has established advanced degree programs in geology and
      geological engineering, and metallurgical and mining engineering;
        (3) has expertise in materials and advanced processing
      research; and
        (4) is located west of the 100th meridian.
    (d) Authorization of appropriations
      There is authorized to be appropriated such sums as may be
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 98-409, Sec. 12, as added Pub. L. 101-498, Sec. 2, Nov. 2,
    1990, 104 Stat. 1207.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Mining and Mineral Resources
    Research Institute Act of 1984, and not as part of the Surface
    Mining Control and Reclamation Act of 1977 which comprises this
    chapter.

-FOOTNOTE-
    (!1) So in original. Probably should be "of the".


-End-


-CITE-
    30 USC SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS          01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
                SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS            

-End-



-CITE-
    30 USC Sec. 1231                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1231. Abandoned Mine Reclamation Fund

-STATUTE-
    (a) Establishment; administration; State funds
      There is created on the books of the Treasury of the United
    States a trust fund to be known as the Abandoned Mine Reclamation
    Fund (hereinafter referred to as the "fund") which shall be
    administered by the Secretary of the Interior. State abandoned mine
    reclamation funds (State funds) generated by grants from this
    subchapter shall be established by each State pursuant to an
    approved State program.
    (b) Sources of deposits to fund
      The fund shall consist of amounts deposited in the fund, from
    time to time derived from - 
        (1) the reclamation fees levied under section 1232 of this
      title;
        (2) any user charge imposed on or for land reclaimed pursuant
      to this subchapter after expenditures for maintenance have been
      deducted;
        (3) donations by persons, corporations, associations, and
      foundations for the purposes of this subchapter;
        (4) recovered moneys as provided for in this subchapter; and
        (5) interest credited to the fund under subsection (e) of this
      section.
    (c) Use of moneys
      Moneys in the fund may be used for the following purposes:
        (1) reclamation and restoration of land and water resources
      adversely affected by past coal mining, including but not limited
      to reclamation and restoration of abandoned surface mine areas,
      abandoned coal processing areas, and abandoned coal refuse
      disposal areas; sealing and filling abandoned deep mine entries
      and voids; planting of land adversely affected by past coal
      mining to prevent erosion and sedimentation; prevention,
      abatement, treatment, and control of water pollution created by
      coal mine drainage including restoration of stream beds, and
      construction and operation of water treatment plants; prevention,
      abatement, and control of burning coal refuse disposal areas and
      burning coal in situ; prevention, abatement, and control of coal
      mine subsidence; and establishment of self-sustaining, individual
      State administered programs to insure private property against
      damages caused by land subsidence resulting from underground coal
      mining in those States which have reclamation plans approved in
      accordance with section 1253 of this title: Provided, That funds
      used for this purpose shall not exceed $3,000,000 of the funds
      made available to any State under section 1232(g)(1) of this
      title;
        (2) acquisition and filling of voids and sealing of tunnels,
      shafts, and entryways under section 1239 of this title;
        (3) acquisition of land as provided for in this subchapter;
        (4) enforcement and collection of the reclamation fee provided
      for in section 1232 of this title;
        (5) restoration, reclamation, abatement, control, or prevention
      of adverse effects of coal mining which constitutes an emergency
      as provided for in this subchapter;
        (6) grants to the States to accomplish the purposes of this
      subchapter;
        (7) administrative expenses of the United States and each State
      to accomplish the purposes of this subchapter;
        (8) for use under section 1240a of this title;
        (9) for the purpose of section 1257(c) of this title, except
      that not more than $10,000,000 shall annually be available for
      such purpose;
        (10) for the purpose described in section 1232(h) of this
      title; and
        (11) all other necessary expenses to accomplish the purposes of
      this subchapter.
    (d) Availability of moneys; no fiscal year limitation
      (1) In general
        Moneys from the fund for expenditures under subparagraphs (A)
      through (D) of section 1232(g)(3) of this title shall be
      available only when appropriated for those subparagraphs.
      (2) No fiscal year limitation
        Appropriations described in paragraph (1) shall be made without
      fiscal year limitation.
      (3) Other purposes
        Moneys from the fund shall be available for all other purposes
      of this subchapter without prior appropriation as provided in
      subsection (f).
    (e) Interest
      The Secretary of the Interior shall notify the Secretary of the
    Treasury as to what portion of the fund is not, in his judgment,
    required to meet current withdrawals. The Secretary of the Treasury
    shall invest such portion of the fund in public debt securities
    with maturities suitable for achieving the purposes of the
    transfers under section 1232(h) of this title and bearing interest
    at rates determined by the Secretary of the Treasury, taking into
    consideration current market yields on outstanding marketable
    obligations of the United States of comparable maturities. The
    income on such investments shall be credited to, and form a part
    of, the fund for the purpose of the transfers under section 1232(h)
    of this title.
    (f) General limitation on obligation authority
      (1) In general
        From amounts deposited into the fund under subsection (b), the
      Secretary shall distribute during each fiscal year beginning
      after September 30, 2007, an amount determined under paragraph
      (2).
      (2) Amounts
        (A) For fiscal years 2008 through 2022
          For each of fiscal years 2008 through 2022, the amount
        distributed by the Secretary under this subsection shall be
        equal to - 
            (i) the amounts deposited into the fund under paragraphs
          (1), (2), and (4) of subsection (b) for the preceding fiscal
          year that were allocated under paragraphs (1) and (5) of
          section 1232(g) of this title; plus
            (ii) the amount needed for the adjustment under section
          1232(g)(8) of this title for the current fiscal year.
        (B) Fiscal years 2023 and thereafter
          For fiscal year 2023 and each fiscal year thereafter, to the
        extent that funds are available, the Secretary shall distribute
        an amount equal to the amount distributed under subparagraph
        (A) during fiscal year 2022.
      (3) Distribution
        (A) In general
          Except as provided in subparagraph (B), for each fiscal year,
        of the amount to be distributed to States and Indian tribes
        pursuant to paragraph (2), the Secretary shall distribute - 
            (i) the amounts allocated under paragraph (1) of section
          1232(g) of this title, the amounts allocated under paragraph
          (5) of section 1232(g) of this title, and any amount
          reallocated under section 1240a(h)(3) of this title in
          accordance with section 1240a(h)(2) of this title, for grants
          to States and Indian tribes under section 1232(g)(5) of this
          title; and
            (ii) the amounts allocated under section 1232(g)(8) of this
          title.
        (B) Exclusion
          Beginning on October 1, 2007, certified States shall be
        ineligible to receive amounts under section 1232(g)(1) of this
        title.
      (4) Availability
        Amounts in the fund available to the Secretary for obligation
      under this subsection shall be available until expended.
      (5) Addition
        (A) In general
          Subject to subparagraph (B), the amount distributed under
        this subsection for each fiscal year shall be in addition to
        the amount appropriated from the fund during the fiscal year.
        (B) Exceptions
          Notwithstanding paragraph (3), the amount distributed under
        this subsection for the first 4 fiscal years beginning on and
        after October 1, 2007, shall be equal to the following
        percentage of the amount otherwise required to be distributed:
            (i) 50 percent in fiscal year 2008.
            (ii) 50 percent in fiscal year 2009.
            (iii) 75 percent in fiscal year 2010.
            (iv) 75 percent in fiscal year 2011.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 401, Aug. 3, 1977, 91 Stat. 456;
    Pub. L. 98-473, title I, Sec. 101(c) [title III, Sec. 324], Oct.
    12, 1984, 98 Stat. 1837, 1875; Pub. L. 101-508, title VI, Sec.
    6002, Nov. 5, 1990, 104 Stat. 1388-289; Pub. L. 102-486, title XIX,
    Sec. 19143(b)(3)(A), title XXV, Sec. 2504(c)(1), Oct. 24, 1992, 106
    Stat. 3056, 3105; Pub. L. 109-432, div. C, title II, Sec. 201(a),
    Dec. 20, 2006, 120 Stat. 3006.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(2) to (13). Pub. L. 109-432, Sec. 201(a)(1),
    redesignated pars. (3) to (5) and (7) to (13) as (2) to (4) and (5)
    to (11), respectively, and struck out former pars. (2) and (6)
    which read as follows:
      "(2) for transfer on an annual basis to the Secretary of
    Agriculture for use under section 1236 of this title;" and
      "(6) studies, research, and demonstration projects by the
    Department of the Interior to such extent or in such amounts as are
    provided in appropriation Acts with public and private
    organizations conducted in accordance with section 3501 of the
    Omnibus Budget Reconciliation Act of 1986, conducted for the
    purposes of this subchapter;".
      Subsec. (d). Pub. L. 109-432, Sec. 201(a)(2), added subsec. (d)
    and struck out former subsec. (d) which read as follows: "Moneys
    from the fund shall be available for the purposes of this
    subchapter, only when appropriated therefor, and such
    appropriations shall be made without fiscal year limitations."
      Subsec. (e). Pub. L. 109-432, Sec. 201(a)(3), in second sentence,
    substituted "achieving the purposes of the transfers under section
    1232(h) of this title" for "the needs of such fund" and, in third
    sentence, inserted "for the purpose of the transfers under section
    1232(h) of this title" before period at end.
      Subsec. (f). Pub. L. 109-432, Sec. 201(a)(4), added subsec. (f).
      1992 - Subsec. (c)(6). Pub. L. 102-486, Sec. 2504(c)(1),
    substituted "studies, research, and demonstration projects" for
    "studies" and struck out "to provide information, advice, and
    technical assistance, including research and demonstration
    projects" after "private organizations".
      Subsec. (c)(12), (13). Pub. L. 102-486, Sec. 19143(b)(3)(A),
    added par. (12) and redesignated former par. (12) as (13).
      1990 - Subsec. (b)(1). Pub. L. 101-508, Sec. 6002(a)(1), amended
    par. (1) generally. Prior to amendment, par. (1) read as follows:
    "the reclamation fees levied under section 1232 of this title:
    Provided, That an amount not to exceed 10 per centum of such
    reclamation fees collected for any calendar quarter shall be
    reserved beginning in the first calendar year in which the fee is
    imposed and continuing for the remainder of that fiscal year and
    for the period in which such fee is imposed by law, for the purpose
    of section 1257(c) of this title, subject to appropriation pursuant
    to authorization under section 1302 of this title: Provided
    further, That not more than $10,000,000 shall be available for such
    purposes;".
      Subsec. (b)(5). Pub. L. 101-508, Sec. 6002(a)(2), added par. (5).
      Subsec. (c)(1). Pub. L. 101-508, Sec. 6002(b)(1), substituted
    "section 1232(g)(1)" for "section 1232(g)(2)".
      Subsec. (c)(2). Pub. L. 101-508, Sec. 6002(b)(2), amended par.
    (2) generally. Prior to amendment, par. (2) read as follows: "for
    use under section 1236 of this title, by the Secretary of
    Agriculture, of up to one-fifth of the money deposited in the funds
    annually and transferred by the Secretary of the Interior to the
    Secretary of Agriculture for such purposes;".
      Subsec. (c)(6). Pub. L. 101-508, Sec. 6002(b)(3), struck out "by
    contract" after "Department of the Interior" and inserted
    "conducted in accordance with section 3501 of the Omnibus Budget
    Reconciliation Act of 1986" after "projects".
      Subsec. (c)(10) to (12). Pub. L. 101-508, Sec. 6002(b)(5), added
    pars. (10) and (11) and redesignated former par. (10) as (12).
      Subsec. (e). Pub. L. 101-508, Sec. 6002(c), added subsec. (e).
      1984 - Subsec. (c)(1). Pub. L. 98-473 inserted at end "and
    establishment of self-sustaining, individual State administered
    programs to insure private property against damages caused by land
    subsidence resulting from underground coal mining in those States
    which have reclamation plans approved in accordance with section
    1253 of this title: Provided, That funds used for this purpose
    shall not exceed $3,000,000 of the funds made available to any
    State under section 1232(g)(2) of this title;".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 6014 of Pub. L. 101-508 provided that: "The amendments
    made by this subtitle [subtitle A (Secs. 6001-6014) of title VI of
    Pub. L. 101-508, enacting section 1240a of this title and amending
    this section and sections 1232 to 1237, 1239, 1257, and 1302 of
    this title] shall take effect at the beginning of the first fiscal
    year [Oct. 1, 1991] immediately following the fiscal year in which
    this subtitle is enacted."

                             SAVINGS PROVISION                         
      Section 6013 of Pub. L. 101-508 provided that: "Nothing in this
    subtitle [subtitle A (Secs. 6001-6014) of title VI of Pub. L. 101-
    508, see Short Title of 1990 Amendment note set out under section
    1201 of this title] shall be construed to affect the certifications
    made by the State of Wyoming, the State of Montana, and the State
    of Louisiana to the Secretary of the Interior prior to the date of
    enactment of this subtitle [Nov. 5, 1990] that such State has
    completed the reclamation of eligible abandoned coal mine lands."

    ABANDONED MINE RECLAMATION FUND; DEPOSIT AND EXPENDITURE OF CERTAIN
                                 DONATIONS
      Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-245, provided in part: "That hereafter,
    donations received to support projects under the Appalachian Clean
    Streams Initiative and under the Western Mine Lands Restoration
    Partnerships Initiative, pursuant to 30 U.S.C. 1231, shall be
    credited to this account and remain available until expended
    without further appropriation for projects sponsored under these
    initiatives, directly through agreements with other Federal
    agencies, or through grants to States, and funding to local
    governments, or tax exempt private entities."

            ABANDONED MINE RECLAMATION RESEARCH AND DEVELOPMENT        
      Pub. L. 99-509, title III, Sec. 3501, Oct. 21, 1986, 100 Stat.
    1891, as amended by Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106
    Stat. 172, provided that after enactment of Pub. L. 99-509, the
    research and demonstration authorities of the Department of the
    Interior under former subsec. (c)(6) of this section were to be
    transferred to, and carried out by, the Director of the United
    States Bureau of Mines.

-End-



-CITE-
    30 USC Sec. 1232                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1232. Reclamation fee

-STATUTE-
    (a) Payment; rate
      All operators of coal mining operations subject to the provisions
    of this chapter shall pay to the Secretary of the Interior, for
    deposit in the fund, a reclamation fee of 31.5 cents per ton of
    coal produced by surface coal mining and 13.5 cents per ton of coal
    produced by underground mining or 10 per centum of the value of the
    coal at the mine, as determined by the Secretary, whichever is
    less, except that the reclamation fee for lignite coal shall be at
    a rate of 2 per centum of the value of the coal at the mine, or 9
    cents per ton, whichever is less.
    (b) Due date
      Such fee shall be paid no later than thirty days after the end of
    each calendar quarter beginning with the first calendar quarter
    occurring after August 3, 1977, and ending September 30, 2021.
    (c) Submission of statement
      Together with such reclamation fee, all operators of coal mine
    operations shall submit a statement of the amount of coal produced
    during the calendar quarter, the method of coal removal and the
    type of coal, the accuracy of which shall be sworn to by the
    operator and notarized. Such statement shall include an
    identification of the permittee of the surface coal mining
    operation, any operator in addition to the permittee, the owner of
    the coal, the preparation plant, tripple,(!1) or loading point for
    the coal, and the person purchasing the coal from the operator. The
    report shall also specify the number of the permit required under
    section 1256 of this title and the mine safety and health
    identification number. Each quarterly report shall contain a
    notification of any changes in the information required by this
    subsection since the date of the preceding quarterly report. The
    information contained in the quarterly reports under this
    subsection shall be maintained by the Secretary in a computerized
    database.

    (d) Penalty
      (1) Any person, corporate officer, agent or director, on behalf
    of a coal mine operator, who knowingly makes any false statement,
    representation or certification, or knowingly fails to make any
    statement, representation or certification required in this section
    shall, upon conviction, be punished by a fine of not more than
    $10,000, or by imprisonment for not more than one year, or both.
      (2) The Secretary shall conduct such audits of coal production
    and the payment of fees under this subchapter as may be necessary
    to ensure full compliance with the provisions of this subchapter.
    For purposes of performing such audits the Secretary (or any duly
    designated officer, employee, or representative of the Secretary)
    shall, at all reasonable times, upon request, have access to, and
    may copy, all books, papers, and other documents of any person
    subject to the provisions of this subchapter. The Secretary may at
    any time conduct audits of any surface coal mining and reclamation
    operation, including without limitation, tipples and preparation
    plants, as may be necessary in the judgment of the Secretary to
    ensure full and complete payment of the fees under this subchapter.
    (e) Civil action to recover fee
      Any portion of the reclamation fee not properly or promptly paid
    pursuant to this section shall be recoverable, with statutory
    interest, from coal mine operators, in any court of competent
    jurisdiction in any action at law to compel payment of debts.
    (f) Cooperation from other agencies
      All Federal and State agencies shall fully cooperate with the
    Secretary of the Interior in the enforcement of this section.
    Whenever the Secretary believes that any person has not paid the
    full amount of the fee payable under subsection (a) of this section
    the Secretary shall notify the Federal agency responsible for
    ensuring compliance with the provisions of section 4121 of title
    26.
    (g) Allocation of funds
      (1) Except as provided in subsection (h) of this section, moneys
    deposited into the fund shall be allocated by the Secretary to
    accomplish the purposes of this subchapter as follows:
        (A) 50 percent of the reclamation fees collected annually in
      any State (other than fees collected with respect to Indian
      lands) shall be allocated annually by the Secretary to the State,
      subject to such State having each of the following:
          (i) An approved abandoned mine reclamation program pursuant
        to section 1235 of this title.
          (ii) Lands and waters which are eligible pursuant to section
        1234 of this title (in the case of a State not certified under
        section 1240a(a) of this title) or pursuant to section 1240a(b)
        of this title (in the case of a State certified under section
        1240a(a) of this title).

        (B) 50 percent of the reclamation fees collected annually with
      respect to Indian lands shall be allocated annually by the
      Secretary to the Indian tribe having jurisdiction over such
      lands, subject to such tribe having each of the following:
          (i) an (!2) approved abandoned mine reclamation program
        pursuant to section 1235 of this title.

          (ii) Lands and waters which are eligible pursuant to section
        1234 of this title (in the case of an Indian tribe not
        certified under section 1240a(a) of this title) or pursuant to
        section 1240a(b) of this title (in the case of a tribe
        certified under section 1240a(a) of this title).

        (C) The funds allocated by the Secretary under this paragraph
      to States and Indian tribes shall only be used for annual
      reclamation project construction and program administration
      grants.
        (D) To the extent not expended within 3 years after the date of
      any grant award under this paragraph (except for grants awarded
      during fiscal years 2008, 2009, and 2010 to the extent not
      expended within 5 years), such grant shall be available for
      expenditure by the Secretary under paragraph (5).

      (2) In making the grants referred to in paragraph (1)(C) and the
    grants referred to in paragraph (5), the Secretary shall ensure
    strict compliance by the States and Indian tribes with the
    priorities described in section 1233(a) of this title until a
    certification is made under section 1240a(a) of this title.
      (3) Amounts available in the fund which are not allocated to
    States and Indian tribes under paragraph (1) or allocated under
    paragraph (5) are authorized to be expended by the Secretary for
    any of the following:
        (A) For the purpose of section 1257(c) of this title, either
      directly or through grants to the States, subject to the
      limitation contained in section 1231(c)(9) of this title.
        (B) For the purpose of section 1240 of this title (relating to
      emergencies).
        (C) For the purpose of meeting the objectives of the fund set
      forth in section 1233(a) of this title for eligible lands and
      waters pursuant to section 1234 of this title in States and on
      Indian lands where the State or Indian tribe does not have an
      approved abandoned mine reclamation program pursuant to section
      1235 of this title.
        (D) For the administration of this subchapter by the Secretary.
        (E) For the purpose of paragraph (8).

      (4)(A) Amounts available in the fund which are not allocated
    under paragraphs (1), (2), and (5) or expended under paragraph (3)
    in any fiscal year are authorized to be expended by the Secretary
    under this paragraph for the reclamation or drainage abatement of
    lands and waters within unreclaimed sites which are mined for coal
    or which were affected by such mining, wastebanks, coal processing
    or other coal mining processes and left in an inadequate
    reclamation status.
      (B) Funds made available under this paragraph may be used for
    reclamation or drainage abatement at a site referred to in
    subparagraph (A) if the Secretary makes either of the following
    findings:
        (i) A finding that the surface coal mining operation occurred
      during the period beginning on August 4, 1977, and ending on or
      before the date on which the Secretary approved a State program
      pursuant to section 1253 of this title for a State in which the
      site is located, and that any funds for reclamation or abatement
      which are available pursuant to a bond or other form of financial
      guarantee or from any other source are not sufficient to provide
      for adequate reclamation or abatement at the site.
        (ii) A finding that the surface coal mining operation occurred
      during the period beginning on August 4, 1977, and ending on or
      before November 5, 1990, and that the surety of such mining
      operator became insolvent during such period, and as of November
      5, 1990, funds immediately available from proceedings relating to
      such insolvency, or from any financial guarantee or other source
      are not sufficient to provide for adequate reclamation or
      abatement at the site.

      (C) In determining which sites to reclaim pursuant to this
    paragraph, the Secretary shall follow the priorities stated in
    paragraphs (1) and (2) of section 1233(a) of this title. The
    Secretary shall ensure that priority is given to those sites which
    are in the immediate vicinity of a residential area or which have
    an adverse economic impact upon a local community.
      (D) Amounts collected from the assessment of civil penalties
    under section 1268 of this title are authorized to be appropriated
    to carry out this paragraph.
      (E) Any State may expend grants made available under paragraphs
    (1) and (5) for reclamation and abatement of any site referred to
    in subparagraph (A) if the State, with the concurrence of the
    Secretary, makes either of the findings referred to in clause (i)
    or (ii) of subparagraph (B) and if the State determines that the
    reclamation priority of the site is the same or more urgent than
    the reclamation priority for eligible lands and waters pursuant to
    section 1234 of this title under the priorities stated in
    paragraphs (1) and (2) of section 1233(a) of this title.
      (F) For the purposes of the certification referred to in section
    1240a(a) of this title, sites referred to in subparagraph (A) of
    this paragraph shall be considered as having the same priorities as
    those stated in section 1233(a) of this title for eligible lands
    and waters pursuant to section 1234 of this title. All sites
    referred to in subparagraph (A) of this paragraph within any State
    shall be reclaimed prior to such State making the certification
    referred to in section 1240a(a) of this title.
      (5)(A) The Secretary shall allocate 60 percent of the amount in
    the fund after making the allocation referred to in paragraph (1)
    for making additional annual grants to States and Indian tribes
    which are not certified under section 1240a(a) of this title to
    supplement grants received by such States and Indian tribes
    pursuant to paragraph (1)(C) until the priorities stated in
    paragraphs (1) and (2) of section 1233(a) of this title have been
    achieved by such State or Indian tribe. The allocation of such
    funds for the purpose of making such expenditures shall be through
    a formula based on the amount of coal historically produced in the
    State or from the Indian lands concerned prior to August 3, 1977.
    Funds made available under paragraph (3) or (4) of this subsection
    for any State or Indian tribe shall not be deducted against any
    allocation of funds to the State or Indian tribe under paragraph
    (1) or under this paragraph.
      (B) Any amount that is reallocated and available under section
    1240a(h)(3) of this title shall be in addition to amounts that are
    allocated under subparagraph (A).
      (6)(A) Any State with an approved abandoned mine reclamation
    program pursuant to section 1235 of this title may receive and
    retain, without regard to the 3-year limitation referred to in
    paragraph (1)(D), up to 30 percent of the total of the grants made
    annually to the State under paragraphs (1) and (5) if those amounts
    are deposited into an acid mine drainage abatement and treatment
    fund established under State law, from which amounts (together with
    all interest earned on the amounts) are expended by the State for
    the abatement of the causes and the treatment of the effects of
    acid mine drainage in a comprehensive manner within qualified
    hydrologic units affected by coal mining practices.
      (B) In this paragraph, the term "qualified hydrologic unit" means
    a hydrologic unit - 
        (i) in which the water quality has been significantly affected
      by acid mine drainage from coal mining practices in a manner that
      adversely impacts biological resources; and
        (ii) that contains land and water that are - 
          (I) eligible pursuant to section 1234 of this title and
        include any of the priorities described in section 1233(a) of
        this title; and
          (II) the subject of expenditures by the State from the
        forfeiture of bonds required under section 1259 of this title
        or from other States sources to abate and treat acid mine
        drainage.

      (7) In complying with the priorities described in section 1233(a)
    of this title, any State or Indian tribe may use amounts available
    in grants made annually to the State or tribe under paragraphs (1)
    and (5) for the reclamation of eligible land and water described in
    section 1233(a)(3) of this title before the completion of
    reclamation projects under paragraphs (1) and (2) of section
    1233(a) of this title only if the expenditure of funds for the
    reclamation is done in conjunction with the expenditure before, on,
    or after December 20, 2006, of funds for reclamation projects under
    paragraphs (1) and (2) of section 1233(a) of this title.
      (8)(A) In making funds available under this subchapter, the
    Secretary shall ensure that the grant awards total not less than
    $3,000,000 annually to each State and each Indian tribe having an
    approved abandoned mine reclamation program pursuant to section
    1235 of this title and eligible land and water pursuant to section
    1234 of this title, so long as an allocation of funds to the State
    or tribe is necessary to achieve the priorities stated in
    paragraphs (1) and (2) of section 1233(a) of this title.
      (B) Notwithstanding any other provision of law, this paragraph
    applies to the States of Tennessee and Missouri.
    (h) Transfers of interest earned by Fund
      (1) In general
        (A) Transfers to Combined Benefit Fund
          As soon as practicable after the beginning of fiscal year
        2007 and each fiscal year thereafter, and before making any
        allocation with respect to the fiscal year under subsection
        (g), the Secretary shall use an amount not to exceed the amount
        of interest that the Secretary estimates will be earned and
        paid to the fund during the fiscal year to transfer to the
        Combined Benefit Fund such amounts as are estimated by the
        trustees of such fund to offset the amount of any deficit in
        net assets in the Combined Benefit Fund as of October 1, 2006,
        and to make the transfer described in paragraph (2)(A).
        (B) Transfers to 1992 and 1993 plans
          As soon as practicable after the beginning of fiscal year
        2008 and each fiscal year thereafter, and before making any
        allocation with respect to the fiscal year under subsection
        (g), the Secretary shall use an amount not to exceed the amount
        of interest that the Secretary estimates will be earned and
        paid to the fund during the fiscal year (reduced by the amount
        used under subparagraph (A)) to make the transfers described in
        paragraphs (2)(B) and (2)(C).
      (2) Transfers described
        The transfers referred to in paragraph (1) are the following:
        (A) United Mine Workers of America Combined Benefit Fund
          A transfer to the United Mine Workers of America Combined
        Benefit Fund equal to the amount that the trustees of the
        Combined Benefit Fund estimate will be expended from the fund
        for the fiscal year in which the transfer is made, reduced by -
        
            (i) the amount the trustees of the Combined Benefit Fund
          estimate the Combined Benefit Fund will receive during the
          fiscal year in - 
              (I) required premiums; and
              (II) payments paid by Federal agencies in connection with
            benefits provided by the Combined Benefit Fund; and

            (ii) the amount the trustees of the Combined Benefit Fund
          estimate will be expended during the fiscal year to provide
          health benefits to beneficiaries who are unassigned
          beneficiaries solely as a result of the application of
          section 9706(h)(1) of title 26, but only to the extent that
          such amount does not exceed the amounts described in
          subsection (i)(1)(A) that the Secretary estimates will be
          available to pay such estimated expenditures.
        (B) United Mine Workers of America 1992 Benefit Plan
          A transfer to the United Mine Workers of America 1992 Benefit
        Plan, in an amount equal to the difference between - 
            (i) the amount that the trustees of the 1992 UMWA Benefit
          Plan estimate will be expended from the 1992 UMWA Benefit
          Plan during the next calendar year to provide the benefits
          required by the 1992 UMWA Benefit Plan on December 20, 2006;
          minus
            (ii) the amount that the trustees of the 1992 UMWA Benefit
          Plan estimate the 1992 UMWA Benefit Plan will receive during
          the next calendar year in - 
              (I) required monthly per beneficiary premiums, including
            the amount of any security provided to the 1992 UMWA
            Benefit Plan that is available for use in the provision of
            benefits; and
              (II) payments paid by Federal agencies in connection with
            benefits provided by the 1992 UMWA Benefit Plan.
        (C) Multiemployer Health Benefit Plan
          A transfer to the Multiemployer Health Benefit Plan
        established after July 20, 1992, by the parties that are the
        settlors of the 1992 UMWA Benefit Plan referred to in
        subparagraph (B) (referred to in this subparagraph and
        subparagraph (D) as "the Plan"), in an amount equal to the
        excess (if any) of - 
            (i) the amount that the trustees of the Plan estimate will
          be expended from the Plan during the next calendar year, to
          provide benefits no greater than those provided by the Plan
          as of December 31, 2006; over
            (ii) the amount that the trustees estimated the Plan will
          receive during the next calendar year in payments paid by
          Federal agencies in connection with benefits provided by the
          Plan.

        Such excess shall be calculated by taking into account only
        those beneficiaries actually enrolled in the Plan as of
        December 31, 2006, who are eligible to receive benefits under
        the Plan on the first day of the calendar year for which the
        transfer is made.
        (D) Individuals considered enrolled
          For purposes of subparagraph (C), any individual who was
        eligible to receive benefits from the Plan as of December 20,
        2006, even though benefits were being provided to the
        individual pursuant to a settlement agreement approved by order
        of a bankruptcy court entered on or before September 30, 2004,
        will be considered to be actually enrolled in the Plan and
        shall receive benefits from the Plan beginning on December 31,
        2006.
      (3) Adjustment
        If, for any fiscal year, the amount of a transfer under
      subparagraph (A), (B), or (C) of paragraph (2) is more or less
      than the amount required to be transferred under that
      subparagraph, the Secretary shall appropriately adjust the amount
      transferred under that subparagraph for the next fiscal year.
      (4) Additional amounts
        (A) Previously credited interest
          Notwithstanding any other provision of law, any interest
        credited to the fund that has not previously been transferred
        to the Combined Benefit Fund referred to in paragraph (2)(A)
        under this section - 
            (i) shall be held in reserve by the Secretary until such
          time as necessary to make the payments under subparagraphs
          (A) and (B) of subsection (i)(1), as described in clause
          (ii); and
            (ii) in the event that the amounts described in subsection
          (i)(1) are insufficient to make the maximum payments
          described in subparagraphs (A) and (B) of subsection (i)(1),
          shall be used by the Secretary to supplement the payments so
          that the maximum amount permitted under those paragraphs is
          paid.
        (B) Previously allocated amounts
          All amounts allocated under subsection (g)(2) before December
        20, 2006, for the program described in section 1236 of this
        title, but not appropriated before December 20, 2006, shall be
        available to the Secretary to make the transfers described in
        paragraph (2).
        (C) Adequacy of previously credited interest
          The Secretary shall - 
            (i) consult with the trustees of the plans described in
          paragraph (2) at reasonable intervals; and
            (ii) notify Congress if a determination is made that the
          amounts held in reserve under subparagraph (A) are
          insufficient to meet future requirements under subparagraph
          (A)(ii).
        (D) Additional reserve amounts
          In addition to amounts held in reserve under subparagraph
        (A), there is authorized to be appropriated such sums as may be
        necessary for transfer to the fund to carry out the purposes of
        subparagraph (A)(ii).
        (E) Inapplicability of cap
          The limitation described in subsection (i)(3)(A) shall not
        apply to payments made from the reserve fund under this
        paragraph.
      (5) Limitations
        (A) Availability of funds for next fiscal year
          The Secretary may make transfers under subparagraphs (B) and
        (C) of paragraph (2) for a calendar year only if the Secretary
        determines, using actuarial projections provided by the
        trustees of the Combined Benefit Fund referred to in paragraph
        (2)(A), that amounts will be available under paragraph (1),
        after the transfer, for the next fiscal year for making the
        transfer under paragraph (2)(A).
        (B) Rate of contributions of obligors
          (i) In general
            (I) Rate
              A transfer under paragraph (2)(C) shall not be made for a
            calendar year unless the persons that are obligated to
            contribute to the plan referred to in paragraph (2)(C) on
            the date of the transfer are obligated to make the
            contributions at rates that are no less than those in
            effect on the date which is 30 days before December 20,
            2006.
            (II) Application
              The contributions described in subclause (I) shall be
            applied first to the provision of benefits to those plan
            beneficiaries who are not described in paragraph
            (2)(C)(ii).
          (ii) Initial contributions
            (I) In general
              From December 20, 2006, through December 31, 2010, the
            persons that, on December 20, 2006, are obligated to
            contribute to the plan referred to in paragraph (2)(C)
            shall be obligated, collectively, to make contributions
            equal to the amount described in paragraph (2)(C), less the
            amount actually transferred due to the operation of
            subparagraph (C).
            (II) First calendar year
              Calendar year 2006 is the first calendar year for which
            contributions are required under this clause.
            (III) Amount of contribution for 2006
              Except as provided in subclause (IV), the amount
            described in paragraph (2)(C) for calendar year 2006 shall
            be calculated as if paragraph (2)(C) had been in effect
            during 2005.
            (IV) Limitation
              The contributions required under this clause for calendar
            year 2006 shall not exceed the amount necessary for
            solvency of the plan described in paragraph (2)(C),
            measured as of December 31, 2006, and taking into account
            all assets held by the plan as of that date.
          (iii) Division
            The collective annual contribution obligation required
          under clause (ii) shall be divided among the persons subject
          to the obligation, and applied uniformly, based on the hours
          worked for which contributions referred to in clause (i)
          would be owed.
        (C) Phase-in of transfers
          For each of calendar years 2008 through 2010, the transfers
        required under subparagraphs (B) and (C) of paragraph (2) shall
        equal the following amounts:
            (i) For calendar year 2008, the Secretary shall make
          transfers equal to 25 percent of the amounts that would
          otherwise be required under subparagraphs (B) and (C) of
          paragraph (2).
            (ii) For calendar year 2009, the Secretary shall make
          transfers equal to 50 percent of the amounts that would
          otherwise be required under subparagraphs (B) and (C) of
          paragraph (2).
            (iii) For calendar year 2010, the Secretary shall make
          transfers equal to 75 percent of the amounts that would
          otherwise be required under subparagraphs (B) and (C) of
          paragraph (2).
    (i) Funding
      (1) In general
        Subject to paragraph (3), out of any funds in the Treasury not
      otherwise appropriated, the Secretary of the Treasury shall
      transfer to the plans described in subsection (h)(2) such sums as
      are necessary to pay the following amounts:
          (A) To the Combined Fund (as defined in section 9701(a)(5) of
        title 26 and referred to in this paragraph as the "Combined
        Fund"), the amount that the trustees of the Combined Fund
        estimate will be expended from premium accounts maintained by
        the Combined Fund for the fiscal year to provide benefits for
        beneficiaries who are unassigned beneficiaries solely as a
        result of the application of section 9706(h)(1) of title 26,
        subject to the following limitations:
            (i) For fiscal year 2008, the amount paid under this
          subparagraph shall equal - 
              (I) the amount described in subparagraph (A); minus
              (II) the amounts required under section 9706(h)(3)(A) of
            title 26.

            (ii) For fiscal year 2009, the amount paid under this
          subparagraph shall equal - 
              (I) the amount described in subparagraph (A); minus
              (II) the amounts required under section 9706(h)(3)(B) of
            title 26.

            (iii) For fiscal year 2010, the amount paid under this
          subparagraph shall equal - 
              (I) the amount described in subparagraph (A); minus
              (II) the amounts required under section 9706(h)(3)(C) of
            title 26.

          (B) On certification by the trustees of any plan described in
        subsection (h)(2) that the amount available for transfer by the
        Secretary pursuant to this section (determined after
        application of any limitation under subsection (h)(5)) is less
        than the amount required to be transferred, to the plan the
        amount necessary to meet the requirement of subsection (h)(2).
          (C) To the Combined Fund, $9,000,000 on October 1, 2007,
        $9,000,000 on October 1, 2008, and $9,000,000 on October 1,
        2009 (which amounts shall not be exceeded) to provide a refund
        of any premium (as described in section 9704(a) of title 26)
        paid on or before September 7, 2000, to the Combined Fund, plus
        interest on the premium calculated at the rate of 7.5 percent
        per year, on a proportional basis and to be paid not later than
        60 days after the date on which each payment is received by the
        Combined Fund, to those signatory operators (to the extent that
        the Combined Fund has not previously returned the premium
        amounts to the operators), or any related persons to the
        operators (as defined in section 9701(c) of title 26), or their
        heirs, successors, or assigns who have been denied the refunds
        as the result of final judgments or settlements if - 
            (i) prior to December 20, 2006, the signatory operator (or
          any related person to the operator) - 
              (I) had all of its beneficiary assignments made under
            section 9706 of title 26 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 title 26
            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
      1240a(h) of this title.
      (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.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 402, Aug. 3, 1977, 91 Stat. 457;
    Pub. L. 100-34, title I, Sec. 101, May 7, 1987, 101 Stat. 300; Pub.
    L. 101-508, title VI, Secs. 6003, 6004, Nov. 5, 1990, 104 Stat.
    1388-290, 1388-291; Pub. L. 102-486, title XIX, Sec. 19143(b)(1),
    (2), (3)(B), title XXV, Sec. 2515, Oct. 24, 1992, 106 Stat. 3056,
    3113; Pub. L. 108-447, div. E, title I, Sec. 135(a), Dec. 8, 2004,
    118 Stat. 3068; Pub. L. 109-13, div. A, title VI, Sec. 6035, May
    11, 2005, 119 Stat. 289; Pub. L. 109-54, title I, Sec. 129, Aug. 2,
    2005, 119 Stat. 525; Pub. L. 109-234, title VII, Sec. 7007, June
    15, 2006, 120 Stat. 483; Pub. L. 109-432, div. C, title II, Sec.
    202, Dec. 20, 2006, 120 Stat. 3008.)


-STATAMEND-
                        AMENDMENT OF SUBSECTION (A)                    
      Pub. L. 109-432, div. C, title II, Sec. 202(a)(2), Dec. 20, 2006,
    120 Stat. 3008, provided that, effective Oct. 1, 2012, subsection
    (a) of this section is amended by substituting "28" for "31.5",
    "12" for "13.5", and "8 cents" for "9 cents".

-COD-
                               CODIFICATION                           
      November 5, 1990, referred to in subsec. (g)(4)(B)(ii), was in
    the original "the date of enactment of this paragraph", which was
    translated as meaning the date of enactment of Pub. L. 101-508,
    which amended this section generally, to reflect the probable
    intent of Congress.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-432, Sec. 202(a)(1), substituted
    "31.5" for "35", "13.5" for "15", and "9 cents" for "10 cents".
      Subsec. (b). Pub. L. 109-432, Sec. 202(b), substituted "September
    30, 2021" for "September 30, 2007, after which time the fee shall
    be established at a rate to continue to provide for the deposit
    referred to in subsection (h) of this section".
      Pub. L. 109-234 substituted "September 30, 2007" for "June 30,
    2006".
      Subsec. (g)(1)(D). Pub. L. 109-432, Sec. 202(c)(1), inserted
    "(except for grants awarded during fiscal years 2008, 2009, and
    2010 to the extent not expended within 5 years)" after "this
    paragraph" and substituted "under paragraph (5)" for "in any area
    under paragraph (2), (3), (4), or (5)".
      Subsec. (g)(2). Pub. L. 109-432, Sec. 202(c)(2), added par. (2)
    and struck out former par. (2) which read as follows: "20 percent
    of the amounts available in the fund in any fiscal year which are
    not allocated under paragraph (1) in that fiscal year (including
    that interest accruing as provided in section 1231(e) of this title
    and including funds available for reallocation pursuant to
    paragraph (1)(D)), shall be allocated to the Secretary only for the
    purpose of making the annual transfer to the Secretary of
    Agriculture under section 1231(c)(2) of this title."
      Subsec. (g)(3). Pub. L. 109-432, Sec. 202(c)(3)(A), substituted
    "paragraph (5)" for "paragraphs (2) and (5)" in introductory
    provisions.
      Subsec. (g)(3)(A). Pub. L. 109-432, Sec. 202(c)(3)(B),
    substituted "1231(c)(9)" for "1231(c)(11)".
      Subsec. (g)(3)(E). Pub. L. 109-432, Sec. 202(c)(3)(C), added
    subpar. (E).
      Subsec. (g)(5). Pub. L. 109-432, Sec. 202(c)(4), designated
    existing provisions as subpar. (A), in first sentence, substituted
    "60" for "40", in last sentence, subtituted "Funds made available
    under paragraph (3) or (4)" for "Funds allocated or expended by the
    Secretary under paragraphs (2), (3), or (4)", and added subpar.
    (B).
      Subsec. (g)(6) to (8). Pub. L. 109-432, Sec. 202(c)(5), added
    pars. (6) to (8) and struck out former pars. (6) to (8) which
    related to authority of any State to receive and retain up to 10
    percent of the total of grants, State authority to establish an
    acid mine drainage abatement and treatment fund and to implement
    plans for acid mine drainage abatement and treatment, and
    allocation of not less than $2,000,000 annually for expenditure in
    each State and for each Indian tribe, having an approved
    reclamation program and eligible lands and waters.
      Subsecs. (h), (i). Pub. L. 109-432, Sec. 202(d), added subsecs.
    (h) and (i) and struck out former subsec. (h) which related to
    transfer of funds to the United Mine Workers of America Combined
    Benefit Fund.
      2005 - Subsec. (b). Pub. L. 109-54 substituted "June 30, 2006"
    for "September 30, 2005".
      Pub. L. 109-13 substituted "September 30, 2005" for "June 30,
    2005".
      2004 - Subsec. (b). Pub. L. 108-447 substituted "June 30, 2005"
    for "September 30, 2004".
      1992 - Subsec. (b). Pub. L. 102-486, Sec. 2515, which directed
    that subsec. (b) be amended by substituting "2004, after which time
    the fee shall be established at a rate to continue to provide for
    the deposit referred to in subsection (h) of this section" for
    "1995", was executed by inserting ", after which time the fee shall
    be established at a rate to continue to provide for the deposit
    referred to in subsection (h) of this section" after "2004", to
    reflect the probable intent of Congress and the intervening
    amendment by Pub. L. 102-486, Sec. 19143(b)(1). See below.
      Pub. L. 102-486, Sec. 19143(b)(1), substituted "2004" for "1995"
    before period at end.
      Subsec. (g)(1). Pub. L. 102-486, Sec. 19143(b)(3)(B), substituted
    "Except as provided in subsection (h) of this section, moneys" for
    "Moneys".
      Subsec. (h). Pub. L. 102-486, Sec. 19143(b)(2), added subsec.
    (h).
      1990 - Subsec. (b). Pub. L. 101-508, Sec. 6003(a), substituted
    "ending September 30, 1995" for "ending fifteen years after August
    3, 1977, unless extended by an Act of Congress".
      Subsec. (c). Pub. L. 101-508, Sec. 6003(b), inserted at end "Such
    statement shall include an identification of the permittee of the
    surface coal mining operation, any operator in addition to the
    permittee, the owner of the coal, the preparation plant, tripple,
    or loading point for the coal, and the person purchasing the coal
    from the operator. The report shall also specify the number of the
    permit required under section 1256 of this title and the mine
    safety and health identification number. Each quarterly report
    shall contain a notification of any changes in the information
    required by this subsection since the date of the preceding
    quarterly report. The information contained in the quarterly
    reports under this subsection shall be maintained by the Secretary
    in a computerized database."
      Subsec. (d). Pub. L. 101-508, Sec. 6003(c), designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (f). Pub. L. 101-508, Sec. 6003(d), inserted at end
    "Whenever the Secretary believes that any person has not paid the
    full amount of the fee payable under subsection (a) of this section
    the Secretary shall notify the Federal agency responsible for
    ensuring compliance with the provisions of section 4121 of title
    26."
      Subsec. (g). Pub. L. 101-508, Sec. 6004, amended subsec. (g)
    generally, substituting present provisions for provisions relating
    to geographic allocation of expenditures from the fund, providing
    for allocation of 50 percent of funds collected annually in any
    State or Indian reservation to that State or Indian reservation
    pursuant to approved reclamation program, providing for special
    State set-aside for future expenditure, and authorizing expenditure
    of balance of funds collected at discretion of Secretary in order
    to meet the purposes of this subchapter.
      1987 - Subsec. (g)(3), (4). Pub. L. 100-34 added par. (3) and
    redesignated former par. (3) as (4).

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-432, div. C, title II, Sec. 202(a)(1), Dec. 20, 2006,
    120 Stat. 3008, provided that the amendment made by section
    202(a)(1) [amending this section] is effective Oct. 1, 2007.
      Pub. L. 109-432, div. C, title II, Sec. 202(a)(2), Dec. 20, 2006,
    120 Stat. 3008, provided that the amendment made by section
    202(a)(2) [amending this section] is effective Oct. 1, 2012.
      Pub. L. 109-432, div. C, title II, Sec. 202(b), Dec. 20, 2006,
    120 Stat. 3008, provided that the amendment made by section 202(b)
    [amending this section] is effective Sept. 30, 2007.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "tipple,".

    (!2) So in original. Probably should be capitalized.


-End-



-CITE-
    30 USC Sec. 1233                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1233. Objectives of fund

-STATUTE-
    (a) Priorities
      Expenditure of moneys from the fund on lands and water eligible
    pursuant to section 1234 of this title for the purposes of this
    subchapter, except as provided for under section 1240a of this
    title, shall reflect the following priorities in the order stated:
        (1)(A) the protection; (!1) of public health, safety, and
      property from extreme danger of adverse effects of coal mining
      practices;

        (B) the restoration of land and water resources and the
      environment that - 
          (i) have been degraded by the adverse effects of coal mining
        practices; and
          (ii) are adjacent to a site that has been or will be
        remediated under subparagraph (A);

        (2)(A) the protection of public health and safety from adverse
      effects of coal mining practices;
        (B) the restoration of land and water resources and the
      environment that - 
          (i) have been degraded by the adverse effects of coal mining
        practices; and
          (ii) are adjacent to a site that has been or will be
        remediated under subparagraph (A); and

        (3) the restoration of land and water resources and the
      environment previously degraded by adverse effects of coal mining
      practices including measures for the conservation and development
      of soil, water (excluding channelization), woodland, fish and
      wildlife, recreation resources, and agricultural productivity.
    (b) Water supply restoration
      (1) Any State or Indian tribe not certified under section
    1240a(a) of this title may expend funds allocated to such State or
    Indian tribe in any year through the grants made available under
    paragraphs (1) and (5) of section 1232(g) of this title for the
    purpose of protecting, repairing, replacing, constructing, or
    enhancing facilities relating to water supply, including water
    distribution facilities and treatment plants, to replace water
    supplies adversely affected by coal mining practices.
      (2) If the adverse effect on water supplies referred to in this
    subsection occurred both prior to and after August 3, 1977, or as
    the case may be, the dates (and under the criteria) set forth under
    section 1232(g)(4)(B) of this title, section 1234 of this title
    shall not be construed to prohibit a State or Indian tribe referred
    to in paragraph (1) from using funds referred to in such paragraph
    for the purposes of this subsection if the State or Indian tribe
    determines that such adverse effects occurred predominantly prior
    to August 3, 1977, or as the case may be, the dates (and under the
    criteria) set forth under section 1232(g)(4)(B) of this title.
    (c) Inventory
      For the purposes of assisting in the planning and evaluation of
    reclamation projects pursuant to section 1235 of this title, and
    assisting in making the certification referred to in section
    1240a(a) of this title, the Secretary shall maintain an inventory
    of eligible lands and waters pursuant to section 1234 of this title
    which meet the priorities stated in paragraphs (1) and (2) of
    subsection (a) of this section. Under standardized procedures
    established by the Secretary, States and Indian tribes with
    approved abandoned mine reclamation programs pursuant to section
    1235 of this title may offer amendments, subject to the approval of
    the Secretary, to update the inventory as it applies to eligible
    lands and waters under the jurisdiction of such States or tribes.
    The Secretary shall provide such States and tribes with the
    financial and technical assistance necessary for the purpose of
    making inventory amendments. The Secretary shall compile and
    maintain an inventory for States and Indian lands in the case when
    a State or Indian tribe does not have an approved abandoned mine
    reclamation program pursuant to section 1235 of this title. On a
    regular basis, but not less than annually, the projects completed
    under this subchapter shall be so noted on the inventory under
    standardized procedures established by the Secretary.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 403, Aug. 3, 1977, 91 Stat. 458;
    Pub. L. 101-508, title VI, Sec. 6005, Nov. 5, 1990, 104 Stat. 1388-
    294; Pub. L. 102-486, title XXV, Sec. 2504(c)(2), (e), Oct. 24,
    1992, 106 Stat. 3105, 3106; Pub. L. 109-432, div. C, title II, Sec.
    203, Dec. 20, 2006, 120 Stat. 3015.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1). Pub. L. 109-432, Sec. 203(1)(A),
    designated existing provisions as subpar. (A), inserted semicolon
    after "protection", struck out "general welfare," after "safety,",
    and added subpar. (B).
      Subsec. (a)(2). Pub. L. 109-432, Sec. 203(1)(B), designated
    existing provisions as subpar. (A), substituted "health and safety"
    for "health, safety, and general welfare", and added subpar. (B).
      Subsec. (a)(3). Pub. L. 109-432, Sec. 203(1)(C), which directed
    that a period be substituted for the semicolon at end, could not be
    executed because a period already appeared at end.
      Subsec. (a)(4), (5). Pub. L. 109-432, Sec. 203(1)(D), struck out
    pars. (4) and (5) which read as follows:
      "(4) the protection, repair, replacement, construction, or
    enhancement of public facilities such as utilities, roads,
    recreation, and conservation facilities adversely affected by coal
    mining practices;
      "(5) the development of publicly owned land adversely affected by
    coal mining practices including land acquired as provided in this
    subchapter for recreation and historic purposes, conservation, and
    reclamation purposes and open space benefits."
      Subsec. (b). Pub. L. 109-432, Sec. 203(2)(A), substituted "Water
    supply restoration" for "Utilities and other facilities" in
    heading.
      Subsec. (b)(1). Pub. L. 109-432, Sec. 203(2)(B), struck out "up
    to 30 percent of the" before "funds".
      Subsec. (c). Pub. L. 109-432, Sec. 203(3), inserted ", subject to
    the approval of the Secretary," after "amendments" in second
    sentence.
      1992 - Subsec. (a)(4) to (6). Pub. L. 102-486, Sec. 2504(c)(2),
    redesignated pars. (5) and (6) as (4) and (5), respectively, and
    struck out former par. (4) which read as follows: "research and
    demonstration projects relating to the development of surface
    mining reclamation and water quality control program methods and
    techniques;".
      Subsec. (b)(2). Pub. L. 102-486, Sec. 2504(e), inserted ", or as
    the case may be, the dates (and under the criteria) set forth under
    section 1232(g)(4)(B) of this title" after "1977" in two places.
      1990 - Pub. L. 101-508 designated existing provisions as subsec.
    (a), inserted heading and ", except as provided for under section
    1240a of this title," after "subchapter", and added subsecs. (b)
    and (c).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    30 USC Sec. 1234                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1234. Eligible lands and water

-STATUTE-
      Lands and water eligible for reclamation or drainage abatement
    expenditures under this subchapter are those which were mined for
    coal or which were affected by such mining, wastebanks, coal
    processing, or other coal mining processes, except as provided for
    under section 1240a of this title, and abandoned or left in an
    inadequate reclamation status prior to August 3, 1977, and for
    which there is no continuing reclamation responsibility under State
    or other Federal laws. For other provisions relating to lands and
    waters eligible for such expenditures, see section 1232(g)(4) of
    this title, section 1233(b)(1) of this title, and section 1239 of
    this title. Surface coal mining operations on lands eligible for
    remining shall not affect the eligibility of such lands for
    reclamation and restoration under this subchapter after the release
    of the bond or deposit for any such operation as provided under
    section 1269 of this title. In the event the bond or deposit for a
    surface coal mining operation on lands eligible for remining is
    forfeited, funds available under this subchapter may be used if the
    amount of such bond or deposit is not sufficient to provide for
    adequate reclamation or abatement, except that if conditions
    warrant the Secretary shall immediately exercise his authority
    under section 1240 of this title.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 404, Aug. 3, 1977, 91 Stat. 459;
    Pub. L. 101-508, title VI, Sec. 6006, Nov. 5, 1990, 104 Stat. 1388-
    295; Pub. L. 102-486, title XXV, Sec. 2503(d), Oct. 24, 1992, 106
    Stat. 3103.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-486 inserted at end "Surface coal mining
    operations on lands eligible for remining shall not affect the
    eligibility of such lands for reclamation and restoration under
    this subchapter after the release of the bond or deposit for any
    such operation as provided under section 1269 of this title. In the
    event the bond or deposit for a surface coal mining operation on
    lands eligible for remining is forfeited, funds available under
    this subchapter may be used if the amount of such bond or deposit
    is not sufficient to provide for adequate reclamation or abatement,
    except that if conditions warrant the Secretary shall immediately
    exercise his authority under section 1240 of this title."
      1990 - Pub. L. 101-508 inserted ", except as provided for under
    section 1240a of this title" after "processes" and inserted at end
    "For other provisions relating to lands and waters eligible for
    such expenditures, see section 1232(g)(4) of this title, section
    1233(b)(1) of this title, and section 1239 of this title."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

-End-



-CITE-
    30 USC Sec. 1235                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1235. State reclamation program

-STATUTE-
    (a) Promulgation of regulations
      Not later than the end of the one hundred and eighty-day period
    immediately following August 3, 1977, the Secretary shall
    promulgate and publish in the Federal Register regulations covering
    implementation of an abandoned mine reclamation program
    incorporating the provisions of this subchapter and establishing
    procedures and requirements for preparation, submission, and
    approval of State programs consisting of the plan and annual
    submissions of projects.
    (b) Submission of State Reclamation Plan and annual projects
      Each State having within its borders coal mined lands eligible
    for reclamation under this subchapter, may submit to the Secretary
    a State Reclamation Plan and annual projects to carry out the
    purposes of this subchapter.
    (c) Restriction
      The Secretary shall not approve, fund, or continue to fund a
    State abandoned mine reclamation program unless that State has an
    approved State regulatory program pursuant to section 1253 of this
    title.
    (d) Approval of State program; withdrawal
      If the Secretary determines that a State has developed and
    submitted a program for reclamation of abandoned mines and has the
    ability and necessary State legislation to implement the provisions
    of this subchapter, sections 1232 and 1240 of this title excepted,
    the Secretary shall approve such State program and shall grant to
    the State exclusive responsibility and authority to implement the
    provisions of the approved program: Provided, That the Secretary
    shall withdraw such approval and authorization if he determines
    upon the basis of information provided under this section that the
    State program is not in compliance with the procedures, guidelines,
    and requirements established under subsection (a) of this section.
    (e) Contents of State Reclamation Plan
      Each State Reclamation Plan shall generally identify the areas to
    be reclaimed, the purposes for which the reclamation is proposed,
    the relationship of the lands to be reclaimed and the proposed
    reclamation to surrounding areas, the specific criteria for ranking
    and identifying projects to be funded, and the legal authority and
    programmatic capability to perform such work in conformance with
    the provisions of this subchapter.
    (f) Annual application for support; contents
      On an annual basis, each State having an approved State
    Reclamation Plan may submit to the Secretary an application for the
    support of the State program and implementation of specific
    reclamation projects. Such annual requests shall include such
    information as may be requested by the Secretary including:
        (1) a general description of each proposed project;
        (2) a priority evaluation of each proposed project;
        (3) a statement of the estimated benefits in such terms as:
      number of acres restored, miles of stream improved, acres of
      surface lands protected from subsidence, population protected
      from subsidence, air pollution, hazards of mine and coal refuse
      disposal area fires;
        (4) an estimate of the cost for each proposed project;
        (5) in the case of proposed research and demonstration
      projects, a description of the specific techniques to be
      evaluated or objective to be attained;
        (6) an identification of lands or interest therein to be
      acquired and the estimated cost; and
        (7) in each year after the first in which a plan is filed under
      this subchapter, an inventory of each project funded under the
      previous year's grant: which inventory shall include details of
      financial expenditures on such project together with a brief
      description of each such project, including project locations,
      landowner's name, acreage, type of reclamation performed.
    (g) Costs
      The costs for each proposed project under this section shall
    include: actual construction costs, actual operation and
    maintenance costs of permanent facilities, planning and engineering
    costs, construction inspection costs, and other necessary
    administrative expenses.
    (h) Grant of funds
      Upon approval of State Reclamation Plan by the Secretary and of
    the surface mine regulatory program pursuant to section 1253 of
    this title, the Secretary shall grant, on an annual basis, funds to
    be expended in such State pursuant to section 1232(g) of this title
    and which are necessary to implement the State reclamation program
    as approved by the Secretary.
    (i) Program monitorship
      The Secretary, through his designated agents, will monitor the
    progress and quality of the program. The States shall not be
    required at the start of any project to submit complete copies of
    plans and specifications.
    (j) Annual report to Secretary
      The Secretary shall require annual and other reports as may be
    necessary to be submitted by each State administering the approved
    State reclamation program with funds provided under this
    subchapter. Such reports shall include that information which the
    Secretary deems necessary to fulfill his responsibilities under
    this subchapter.
    (k) Eligible lands of Indian tribes
      Indian tribes having within their jurisdiction eligible lands
    pursuant to section 1234 of this title or from which coal is
    produced, shall be considered as a "State" for the purposes of this
    subchapter except for purposes of subsection (c) of this section
    with respect to the Navajo, Hopi and Crow Indian Tribes.
    (l) State liability
      No State shall be liable under any provision of Federal law for
    any costs or damages as a result of action taken or omitted in the
    course of carrying out a State abandoned mine reclamation plan
    approved under this section. This subsection shall not preclude
    liability for cost or damages as a result of gross negligence or
    intentional misconduct by the State. For purposes of the preceding
    sentence, reckless, willful, or wanton misconduct shall constitute
    gross negligence.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 405, Aug. 3, 1977, 91 Stat. 459;
    Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 416; Pub. L. 101-
    508, title VI, Secs. 6007, 6012(d)(1), (2), Nov. 5, 1990, 104
    Stat. 1388-295, 1388-298.)


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-508, Sec. 6012(d)(1), substituted
    "preparation" for "perparation".
      Subsec. (h). Pub. L. 101-508, Sec. 6012(d)(2), substituted "Upon
    approval" for "Upon approved".
      Subsec. (l). Pub. L. 101-508, Sec. 6007, added subsec. (l).
      1987 - Subsec. (k). Pub. L. 100-71 inserted "except for purposes
    of subsection (c) of this section with respect to the Navajo, Hopi
    and Crow Indian Tribes" before period.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

         GRANT OF FUNDS TO STATES UNDER SURFACE MINING CONTROL AND
                              RECLAMATION ACT
      Pub. L. 97-377, title I, Sec. 150, Dec. 21, 1982, 96 Stat. 1918,
    provided that: "Within 60 days of receipt of a complete abandoned
    mine reclamation fund grant application from any eligible State
    under the provisions of the Surface Mining Control and Reclamation
    Act (91 Stat. 460) [Pub. L. 95-87, see Short Title note set out
    under section 1201 of this title] the Secretary of Interior shall
    grant to such State any and all funds available for such purposes
    in the applicable appropriations Act."

-End-



-CITE-
    30 USC Sec. 1236                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1236. Reclamation of rural lands

-STATUTE-
    (a) Agreements with landowners for conservation treatment
      In order to provide for the control and prevention of erosion and
    sediment damages from unreclaimed mined lands, and to promote the
    conservation and development of soil and water resources of
    unreclaimed mined lands and lands affected by mining, the Secretary
    of Agriculture is authorized to enter into agreements of not more
    than ten years with landowners (including owners of water rights),
    residents, and tenants, and individually or collectively,
    determined by him to have control for the period of the agreement
    of lands in question therein, providing for land stabilization,
    erosion, and sediment control, and reclamation through conservation
    treatment, including measures for the conservation and development
    of soil, water (excluding stream channelization), woodland,
    wildlife, and recreation resources, and agricultural productivity
    of such lands. Such agreements shall be made by the Secretary with
    the owners, including owners of water rights, residents, or tenants
    (collectively or individually) of the lands in question.
    (b) Conservation and development plans
      The landowner, including the owner of water rights, resident, or
    tenant shall furnish to the Secretary of Agriculture a conservation
    and development plan setting forth the proposed land uses and
    conservation treatment which shall be mutually agreed by the
    Secretary of Agriculture and the landowner, including owner of
    water rights, resident, or tenant to be needed on the lands for
    which the plan was prepared. In those instances where it is
    determined that the water rights or water supply of a tenant,
    landowner, including owner of water rights, resident, or tenant
    have been adversely affected by a surface or underground coal mine
    operation which has removed or disturbed a stratum so as to
    significantly affect the hydrologic balance, such plan may include
    proposed measures to enhance water quality or quantity by means of
    joint action with other affected landowners, including owner of
    water rights, residents, or tenants in consultation with
    appropriate State and Federal agencies.
    (c) Agreement to effect plan
      Such plan shall be incorporated in an agreement under which the
    landowner, including owner of water rights, resident, or tenant
    shall agree with the Secretary of Agriculture to effect the land
    uses and conservation treatment provided for in such plan on the
    lands described in the agreement in accordance with the terms and
    conditions thereof.
    (d) Financial and other assistance; determination by Secretary
      In return for such agreement by the landowner, including owner of
    water rights, resident, or tenant, the Secretary of Agriculture is
    authorized to furnish financial and other assistance to such
    landowner, including owner of water rights, resident, or tenant, in
    such amounts and subject to such conditions as the Secretary of
    Agriculture determines are appropriate in the public interest for
    carrying out the land use and conservation treatment set forth in
    the agreement. Grants made under this section, depending on the
    income-producing potential of the land after reclaiming, shall
    provide up to 80 per centum of the cost of carrying out such land
    uses and conservation treatment on not more than one hundred and
    twenty acres of land occupied by such owner, including water rights
    owners, resident, or tenant, or on not more than one hundred and
    twenty acres of land which has been purchased jointly by such
    landowners, including water rights owners, residents, or tenants,
    under an agreement for the enhancement of water quality or quantity
    or on land which has been acquired by an appropriate State or local
    agency for the purpose of implementing such agreement; except the
    Secretary may reduce the matching cost share where he determines
    that (1) the main benefits to be derived from the project are
    related to improving offsite water quality, offsite esthetic
    values, or other offsite benefits, and (2) the matching share
    requirement would place a burden on the landowner which would
    probably prevent him from participating in the program: Provided,
    however, That the Secretary of Agriculture may allow for land use
    and conservation treatment on such lands occupied by any such owner
    in excess of such one hundred and twenty acre limitation up to
    three hundred and twenty acres, but in such event the amount of the
    grant to such landowner to carry out such reclamation on such lands
    shall be reduced proportionately. Notwithstanding any other
    provision of this section with regard to acreage limitations, the
    Secretary of Agriculture may carry out reclamation treatment
    projects to control erosion and improve water quality on all lands
    within a hydrologic unit, consisting of not more than 25,000 acres,
    if the Secretary determines that treatment of such lands as a
    hydrologic unit will achieve greater reduction in the adverse
    effects of past surface mining practices than would be achieved if
    reclamation was done on individual parcels of land.
    (e) Termination of agreements
      The Secretary of Agriculture may terminate any agreement with a
    landowner including water rights owners, operator, or occupier by
    mutual agreement if the Secretary of Agriculture determines that
    such termination would be in the public interest, and may agree to
    such modification of agreements previously entered into hereunder
    as he deems desirable to carry out the purposes of this section or
    to facilitate the practical administration of the program
    authorized herein.
    (f) Preservation and surrender of history and allotments
      Notwithstanding any other provision of law, the Secretary of
    Agriculture, to the extent he deems it desirable to carry out the
    purposes of this section, may provide in any agreement hereinunder
    for (1) preservation for a period not to exceed the period covered
    by the agreement and an equal period thereafter of the cropland,
    crop acreage, and allotment history applicable to land covered by
    the agreement for the purpose of any Federal program under which
    such history is used as a basis for an allotment or other
    limitation on the production of such crop; or (2) surrender of any
    such history and allotments.
    (g) Rules and regulations
      The Secretary of Agriculture shall be authorized to issue such
    rules and regulations as he determines are necessary to carry out
    the provisions of this section.
    (h) Utilization of Natural Resources Conservation Service
      In carrying out the provisions of this section, the Secretary of
    Agriculture shall utilize the services of the Natural Resources
    Conservation Service.
    (i) Authorization of appropriations
      There are authorized to be appropriated to the Secretary of
    Agriculture, from amounts in the Treasury other than amounts in the
    fund, such sums as may be necessary to carry out this section.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 406, Aug. 3, 1977, 91 Stat. 460;
    Pub. L. 97-98, title XV, Sec. 1551, Dec. 22, 1981, 95 Stat. 1344;
    Pub. L. 101-508, title VI, Secs. 6008, 6012(c), (d)(3), Nov. 5,
    1990, 104 Stat. 1388-295, 1388-298; Pub. L. 109-432, div. C, title
    II, Sec. 204, Dec. 20, 2006, 120 Stat. 3016.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (h). Pub. L. 109-432, Sec. 204(a), substituted
    "Natural Resources Conservation Service" for "Soil Conservation
    Service".
      Subsec. (i). Pub. L. 109-432, Sec. 204(b), added subsec. (i).
      1990 - Subsec. (a). Pub. L. 101-508, Sec. 6012(d)(3), which
    directed the substitution of "(including owners" for "including
    owners" was executed the first time that phrase appeared to reflect
    the probable intent of Congress, because the parenthetical
    statement concluding with "water rights)" was enacted without an
    opening parenthesis.
      Subsec. (d). Pub. L. 101-508, Sec. 6008, struck out
    "experimental" before "reclamation treatment projects" in last
    sentence.
      Subsec. (i). Pub. L. 101-508, Sec. 6012(c), repealed subsec. (i)
    which read as follows: "Funds shall be made available to the
    Secretary of Agriculture for the purposes of this section, as
    provided in section 1231 of this title."
      1981 - Subsec. (d). Pub. L. 97-98 inserted provisions that
    notwithstanding any other provision of this section with regard to
    acreage limitations, the Secretary may carry out experimental
    reclamation treatment projects to control erosion and improve water
    quality on all lands within a hydrologic unit, consisting of not
    more than 25,000 acres, if the Secretary determines that treatment
    of such lands as a hydrologic unit will achieve greater reduction
    in the adverse effects of past surface mining practices than would
    be achieved if reclamation was done on individual parcels of land.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
    1801 of Pub. L. 97-98, set out as an Effective Date note under
    section 4301 of Title 7, Agriculture.

-End-



-CITE-
    30 USC Sec. 1237                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1237. Acquisition and reclamation of land adversely affected
      by past coal mining practices

-STATUTE-
    (a) Findings of fact; notice; right of entry
      If the Secretary or the State pursuant to an approved State
    program, makes a finding of fact that - 
        (1) land or water resources have been adversely affected by
      past coal mining practices; and
        (2) the adverse effects are at a stage where, in the public
      interest, action to restore, reclaim, abate, control, or prevent
      should be taken; and
        (3) the owners of the land or water resources where entry must
      be made to restore, reclaim, abate, control, or prevent the
      adverse effects of past coal mining practices are not known, or
      readily available; or
        (4) the owners will not give permission for the United States,
      the States, political subdivisions, their agents, employees, or
      contractors to enter upon such property to restore, reclaim,
      abate, control, or prevent the adverse effects of past coal
      mining practices;

    then, upon giving notice by mail to the owners if known or if not
    known by posting notice upon the premises and advertising once in a
    newspaper of general circulation in the municipality in which the
    land lies, the Secretary, his agents, employees, or contractors, or
    the State pursuant to an approved State program, shall have the
    right to enter upon the property adversely affected by past coal
    mining practices and any other property to have access to such
    property to do all things necessary or expedient to restore,
    reclaim, abate, control, or prevent the adverse effects. Such entry
    shall be construed as an exercise of the police power for the
    protection of public health, safety, and general welfare and shall
    not be construed as an act of condemnation of property nor of
    trespass thereon. The moneys expended for such work and the
    benefits accruing to any such premises so entered upon shall be
    chargeable against such land and shall mitigate or offset any claim
    in or any action brought by any owner of any interest in such
    premises for any alleged damages by virtue of such entry: Provided,
    however, That this provision is not intended to create new rights
    of action or eliminate existing immunities.
    (b) Studies or exploratory work
      The Secretary, his agents, employees, or contractors or the State
    pursuant to an approved State program, shall have the right to
    enter upon any property for the purpose of conducting studies or
    exploratory work to determine the existence of adverse effects of
    past coal mining practices and to determine the feasibility of
    restoration, reclamation, abatement, control, or prevention of such
    adverse effects. Such entry shall be construed as an exercise of
    the police power for the protection of public health, safety, and
    general welfare and shall not be construed as an act of
    condemnation of property nor trespass thereon.
    (c) Requirements for acquisition of affected land
      The Secretary or the State pursuant to an approved State program,
    may acquire any land, by purchase, donation, or condemnation, which
    is adversely affected by past coal mining practices if the
    Secretary determines that acquisition of such land is necessary to
    successful reclamation and that - 
        (1) the acquired land, after restoration, reclamation,
      abatement, control, or prevention of the adverse effects of past
      coal mining practices, will serve recreation and historic
      purposes, conservation and reclamation purposes or provide open
      space benefits; and
        (2) permanent facilities such as a treatment plant or a
      relocated stream channel will be constructed on the land for the
      restoration, reclamation, abatement, control, or prevention of
      the adverse effects of past coal mining practices; or
        (3) acquisition of coal refuse disposal sites and all coal
      refuse thereon will serve the purposes of this subchapter or that
      public ownership is desirable to meet emergency situations and
      prevent recurrences of the adverse effects of past coal mining
      practices.
    (d) Title to affected land; value
      Title to all lands acquired pursuant to this section shall be in
    the name of the United States or, if acquired by a State pursuant
    to an approved program, title shall be in the name of the State.
    The price paid for land acquired under this section shall reflect
    the market value of the land as adversely affected by past coal
    mining practices.
    (e) State participation; grants
      States are encouraged as part of their approved State programs,
    to reclaim abandoned and unreclaimed mined lands within their
    boundaries and, if necessary, to acquire or to transfer such lands
    to the Secretary or the appropriate State regulatory authority
    under appropriate Federal regulations. The Secretary is authorized
    to make grants on a matching basis to States in such amounts as he
    deems appropriate for the purpose of carrying out the provisions of
    this subchapter but in no event shall any grant exceed 90 per
    centum of the cost of acquisition of the lands for which the grant
    is made. When a State has made any such land available to the
    Federal Government under this subchapter, such State shall have a
    preference right to purchase such lands after reclamation at fair
    market value less the State portion of the original acquisition
    price. Notwithstanding the provisions of paragraph (1) of
    subsection (c) of this section, reclaimed land may be sold to the
    State or local government in which it is located at a price less
    than fair market value, which in no case shall be less than the
    cost to the United States of the purchase and reclamation of the
    land, as negotiated by the Secretary, to be used for a valid public
    purpose. If any land sold to a State or local government under this
    paragraph is not used for a valid public purpose as specified by
    the Secretary in the terms of the sales agreement then all right,
    title, and interest in such land shall revert to the United States.
    Money received from such sale shall be deposited in the fund.
    (f) Rules and regulations
      The Secretary, in formulating regulations for making grants to
    the States to acquire land pursuant to this section, shall specify
    that acquired land meet the criteria provided for in subsections
    (c) and (d) of this section. The Secretary may provide by
    regulation that money derived from the lease, rental, or user
    charges of such acquired land and facilities thereon will be
    deposited in the fund.
    (g) Public sale; notice and hearing
      (1) Where land acquired pursuant to this section is deemed to be
    suitable for industrial, commercial, residential, or recreational
    development, the Secretary may sell or authorize the States to sell
    such land by public sale under a system of competitive bidding, at
    not less than fair market value and under such other regulations
    promulgated to insure that such lands are put to proper use
    consistent with local and State land use plans, if any, as
    determined by the Secretary.
      (2) The Secretary or the State pursuant to an approved State
    program, when requested after appropriate public notice shall hold
    a public hearing, with the appropriate notice, in the county or
    counties or the appropriate subdivisions of the State in which
    lands acquired pursuant to this section are located. The hearings
    shall be held at a time which shall afford local citizens and
    governments the maximum opportunity to participate in the decision
    concerning the use or disposition of the lands after restoration,
    reclamation, abatement, control, or prevention of the adverse
    effects of past coal mining practices.
    (h) Construction or rehabilitation of housing for disabled,
      displaced, or dislocated persons; grants
      In addition to the authority to acquire land under subsection (d)
    of this section the Secretary is authorized to use money in the
    fund to acquire land by purchase, donation, or condemnation, and to
    reclaim and transfer acquired land to any State or to a political
    subdivision thereof, or to any person, firm, association, or
    corporation, if he determines that such is an integral and
    necessary element of an economically feasible plan for the project
    to construct or rehabilitate housing for persons disabled as the
    result of employment in the mines or work incidental thereto,
    persons displaced by acquisition of land pursuant to this section,
    or persons dislocated as the result of adverse effects of coal
    mining practices which constitute an emergency as provided in
    section 1240 of this title or persons dislocated as the result of
    natural disasters or catastrophic failures from any cause. Such
    activities shall be accomplished under such terms and conditions as
    the Secretary shall require, which may include transfers of land
    with or without monetary consideration: Provided, That, to the
    extent that the consideration is below the fair market value of the
    land transferred, no portion of the difference between the fair
    market value and the consideration shall accrue as a profit to such
    persons, firm, association, or corporation. No part of the funds
    provided under this subchapter may be used to pay the actual
    construction costs of housing. The Secretary may carry out the
    purposes of this subsection directly or he may make grants and
    commitments for grants, and may advance money under such terms and
    conditions as he may require to any State, or any department,
    agency, or instrumentality of a State, or any public body or
    nonprofit organization designated by a State.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 407, Aug. 3, 1977, 91 Stat. 462;
    Pub. L. 101-508, title VI, Sec. 6012(d)(4)-(7), Nov. 5, 1990, 104
    Stat. 1388-298.)


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-508, Sec. 6012(d)(4), (5),
    substituted a semicolon for the period at end of par. (4) and
    "then, upon giving notice" for "Then, upon giving notice" in
    concluding provisions.
      Subsec. (e). Pub. L. 101-508, Sec. 6012(d)(6), substituted
    "paragraph (1) of subsection (c) of this section" for "paragraph
    (1), of this subsection".
      Subsec. (g)(2). Pub. L. 101-508, Sec. 6012(d)(7), substituted
    "use or" for "use of" before "disposition".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

-End-



-CITE-
    30 USC Sec. 1238                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1238. Liens

-STATUTE-
    (a) Filing of statement and appraisal
      Within six months after the completion of projects to restore,
    reclaim, abate, control, or prevent adverse effects of past coal
    mining practices on privately owned land, the Secretary or the
    State, pursuant to an approved State program, shall itemize the
    moneys so expended and may file a statement thereof in the office
    of the county in which the land lies which has the responsibility
    under local law for the recording of judgments against land,
    together with a notarized appraisal by an independent appraiser of
    the value of the land before the restoration, reclamation,
    abatement, control, or prevention of adverse effects of past coal
    mining practices if the moneys so expended shall result in a
    significant increase in property value. Such statement shall
    constitute a lien upon the said land. The lien shall not exceed the
    amount determined by the appraisal to be the increase in the market
    value of the land as a result of the restoration, reclamation,
    abatement, control, or prevention of the adverse effects of past
    coal mining practices. No lien shall be filed against the property
    of any person, in accordance with this subsection, who neither
    consented to nor participated in nor exercised control over the
    mining operation which necessitated the reclamation performed
    hereunder.
    (b) Petition
      The landowner may proceed as provided by local law to petition
    within sixty days of the filing of the lien, to determine the
    increase in the market value of the land as a result of the
    restoration, reclamation, abatement, control, or prevention of the
    adverse effects of past coal mining practices. The amount reported
    to be the increase in value of the premises shall constitute the
    amount of the lien and shall be recorded with the statement herein
    provided. Any party aggrieved by the decision may appeal as
    provided by local law.
    (c) Recordation
      The lien provided in this section shall be entered in the county
    office in which the land lies and which has responsibility under
    local law for the recording of judgments against land. Such
    statement shall constitute a lien upon the said land as of the date
    of the expenditure of the moneys and shall have priority as a lien
    second only to the lien of real estate taxes imposed upon said
    land.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 408, Aug. 3, 1977, 91 Stat. 465;
    Pub. L. 109-432, div. C, title II, Sec. 205, Dec. 20, 2006, 120
    Stat. 3016.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-432 struck out "who owned the
    surface prior to May 2, 1977, and" after "this subsection," in last
    sentence.

-End-



-CITE-
    30 USC Sec. 1239                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1239. Filling voids and sealing tunnels

-STATUTE-
    (a) Congressional declaration of hazardous conditions
      The Congress declares that voids, and open and abandoned tunnels,
    shafts, and entryways resulting from any previous mining operation,
    constitute a hazard to the public health or safety and that surface
    impacts of any underground or surface mining operation may degrade
    the environment. The Secretary, at the request of the Governor of
    any State, or the the (!1) governing body of an Indian tribe, is
    authorized to fill such voids, seal such abandoned tunnels, shafts,
    and entryways, and reclaim surface impacts of underground or
    surface mines which the Secretary determines could endanger life
    and property, constitute a hazard to the public health and safety,
    or degrade the environment. State regulatory authorities are
    authorized to carry out such work pursuant to an approved abandoned
    mine reclamation program.

    (b) Limitation on funds
      Funds available for use in carrying out the purpose of this
    section shall be limited to those funds which must be allocated to
    the respective States or Indian tribes under the provisions of
    paragraphs (1) and (5) of section 1232(g) of this title.
    (c) Limitation on expenditures
      (1) The Secretary may make expenditures and carry out the
    purposes of this section in such States where requests are made by
    the Governor or governing body of an Indian tribe for those
    reclamation projects which meet the priorities stated in section
    1233(a)(1) of this title, except that for the purposes of this
    section the reference to coal in section 1233(a)(1) of this title
    shall not apply.
      (2) The provisions of section 1234 of this title shall apply to
    this section, with the exception that such mined lands need not
    have been mined for coal.
      (3) The Secretary shall not make any expenditures for the
    purposes of this section in those States which have made the
    certification referred to in section 1240a(a) of this title.
    (d) Disposal of mine wastes
      In those instances where mine waste piles are being reworked for
    conservation purposes, the incremental costs of disposing of the
    wastes from such operations by filling voids and sealing tunnels
    may be eligible for funding providing that the disposal of these
    wastes meets the purposes of this section.
    (e) Land acquisition
      The Secretary may acquire by purchase, donation, easement, or
    otherwise such interest in land as he determines necessary to carry
    out the provisions of this section.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 409, Aug. 3, 1977, 91 Stat. 465;
    Pub. L. 101-508, title VI, Sec. 6009, Nov. 5, 1990, 104 Stat. 1388-
    296.)


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-508, Sec. 6009(1), substituted
    "the governing body of an Indian tribe" for "chairman of any
    tribe".
      Subsec. (b). Pub. L. 101-508, Sec. 6009(2), substituted "Indian
    tribes under the provisions of paragraphs (1) and (5) of section
    1232(g) of this title" for "Indian reservations under the
    provisions of subsection 1232(g) of this title".
      Subsec. (c). Pub. L. 101-508, Sec. 6009(3), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "The
    Secretary may make expenditures and carry out the purposes of this
    section without regard to provisions of section 1234 of this title
    in such States or Indian reservations where requests are made by
    the Governor or tribal chairman and only after all reclamation with
    respect to abandoned coal lands or coal development impacts have
    been met, except for those reclamation projects relating to the
    protection of the public health or safety."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    30 USC Sec. 1240                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1240. Emergency powers

-STATUTE-
      (a) The Secretary is authorized to expend moneys from the fund
    for the emergency restoration, reclamation, abatement, control, or
    prevention of adverse effects of coal mining practices, on eligible
    lands, if the Secretary makes a finding of fact that - 
        (1) an emergency exists constituting a danger to the public
      health, safety, or general welfare; and
        (2) no other person or agency will act expeditiously to
      restore, reclaim, abate, control, or prevent the adverse effects
      of coal mining practices.

      (b) The Secretary, his agents, employees, and contractors shall
    have the right to enter upon any land where the emergency exists
    and any other land to have access to the land where the emergency
    exists to restore, reclaim, abate, control, or prevent the adverse
    effects of coal mining practices and to do all things necessary or
    expedient to protect the public health, safety, or general welfare.
    Such entry shall be construed as an exercise of the police power
    and shall not be construed as an act of condemnation of property
    nor of trespass thereof. The moneys expended for such work and the
    benefits accruing to any such premises so entered upon shall be
    chargeable against such land and shall mitigate or offset any claim
    in or any action brought by any owner of any interest in such
    premises for any alleged damages by virtue of such entry: Provided,
    however, That this provision is not intended to create new rights
    of action or eliminate existing immunities.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 410, Aug. 3, 1977, 91 Stat. 466.)

-End-



-CITE-
    30 USC Sec. 1240a                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1240a. Certification

-STATUTE-
    (a) Certification of completion of coal reclamation
      (1) The Governor of a State, or the head of a governing body of
    an Indian tribe, with an approved abandoned mine reclamation
    program under section 1235 of this title may certify to the
    Secretary that all of the priorities stated in section 1233(a) of
    this title for eligible lands and waters pursuant to section 1234
    of this title have been achieved. The Secretary, after notice in
    the Federal Register and opportunity for public comment, shall
    concur with such certification if the Secretary determines that
    such certification is correct.
      (2)(A) The Secretary may, on the initiative of the Secretary,
    make the certification referred to in paragraph (1) on behalf of
    any State or Indian tribe referred to in paragraph (1) if on the
    basis of the inventory referred to in section 1233(c) of this title
    all reclamation projects relating to the priorities described in
    section 1233(a) of this title for eligible land and water pursuant
    to section 1234 of this title in the State or tribe have been
    completed.
      (B) The Secretary shall only make the certification after notice
    in the Federal Register and opportunity for public comment.
    (b) Eligible lands, waters, and facilities
      If the Secretary has concurred in a State or tribal certification
    under subsection (a) of this section, for purposes of determining
    the eligibility of lands and waters for annual grants under section
    1232(g)(1) of this title, section 1234 of this title shall not
    apply, and eligible lands, waters, and facilities shall be those - 
        (1) which were mined or processed for minerals or which were
      affected by such mining or processing, and abandoned or left in
      an inadequate reclamation status prior to August 3, 1977; and
        (2) for which there is no continuing reclamation responsibility
      under State or other Federal laws. In determining the eligibility
      under this subsection of Federal lands, waters, and facilities
      under the jurisdiction of the Forest Service or Bureau of Land
      Management, in lieu of the August 3, 1977, date referred to in
      paragraph (1) the applicable date shall be August 28, 1974, and
      November 26, 1980, respectively.
    (c) Priorities
      Expenditures of moneys for lands, waters, and facilities referred
    to in subsection (b) of this section shall reflect the following
    objectives and priorities in the order stated (in lieu of the
    priorities set forth in section 1233 of this title):
        (1) The protection of public health, safety, general welfare,
      and property from extreme danger of adverse effects of mineral
      mining and processing practices.
        (2) The protection of public health, safety, and general
      welfare from adverse effects of mineral mining and processing
      practices.
        (3) The restoration of land and water resources and the
      environment previously degraded by the adverse effects of mineral
      mining and processing practices.
    (d) Specific sites and areas not eligible
      Sites and areas designated for remedial action pursuant to the
    Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901
    and following) or which have been listed for remedial action
    pursuant to the Comprehensive Environmental Response Compensation
    and Liability Act of 1980 (42 U.S.C. 9601 and following) shall not
    be eligible for expenditures from the Fund under this section.
    (e) Utilities and other facilities
      Reclamation projects involving the protection, repair,
    replacement, construction, or enhancement of utilities, such as
    those relating to water supply, roads, and such other facilities
    serving the public adversely affected by mineral mining and
    processing practices, and the construction of public facilities in
    communities impacted by coal or other mineral mining and processing
    practices, shall be deemed part of the objectives set forth, and
    undertaken as they relate to, the priorities stated in subsection
    (c) of this section.
    (f) Public facilities related to coal or minerals industry
      Notwithstanding subsection (e) of this section, where the
    Secretary has concurred in the certification referenced in
    subsection (a) of this section and where the Governor of a State or
    the head of a governing body of an Indian tribe determines there is
    a need for activities or construction of specific public facilities
    related to the coal or minerals industry in States impacted by coal
    or minerals development and the Secretary concurs in such need,
    then the State or Indian tribe, as the case may be, may use annual
    grants made available under section 1232(g)(1) of this title to
    carry out such activities or construction.
    (g) Application of other provisions
      The provisions of sections 1237 and 1238 of this title shall
    apply to subsections (a) through (e) of this section, except that
    for purposes of this section the references to coal in sections
    1237 and 1238 of this title shall not apply.
    (h) Payments to States and Indian tribes
      (1) In general
        (A) Payments
          (i) In general
            Notwithstanding section 1231(f)(3)(B) of this title, from
          funds referred to in section 1232(i)(2) of this title, the
          Secretary shall make payments to States or Indian tribes for
          the amount due for the aggregate unappropriated amount
          allocated to the State or Indian tribe under subparagraph (A)
          or (B) of section 1232(g)(1) of this title.
          (ii) Conversion as equivalent payments
            Amounts allocated under subparagraph (A) or (B) of section
          1232(g)(1) of this title shall be reallocated to the
          allocation established in section 1232(g)(5) of this title in
          amounts equivalent to payments made to States or Indian
          tribes under this paragraph.
        (B) Amount due
          In this paragraph, the term "amount due" means the
        unappropriated amount allocated to a State or Indian tribe
        before October 1, 2007, under subparagraph (A) or (B) of
        section 1232(g)(1) of this title.
        (C) Schedule
          Payments under subparagraph (A) shall be made in 7 equal
        annual installments, beginning with fiscal year 2008.
        (D) Use of funds
          (i) Certified States and Indian tribes
            A State or Indian tribe that makes a certification under
          subsection (a) in which the Secretary concurs shall use any
          amounts provided under this paragraph for the purposes
          established by the State legislature or tribal council of the
          Indian tribe, with priority given for addressing the impacts
          of mineral development.
          (ii) Uncertified States and Indian tribes
            A State or Indian tribe that has not made a certification
          under subsection (a) in which the Secretary has concurred
          shall use any amounts provided under this paragraph for the
          purposes described in section 1233 of this title.
      (2) Subsequent State and Indian tribe share for certified States
        and Indian tribes
        (A) In general
          Notwithstanding section 1231(f)(3)(B) of this title, from
        funds referred to in section 1232(i)(2) of this title, the
        Secretary shall pay to each certified State or Indian tribe an
        amount equal to the sum of the aggregate unappropriated amount
        allocated on or after October 1, 2007, to the certified State
        or Indian tribe under subparagraph (A) or (B) of section
        1232(g)(1) of this title.
        (B) Certified State or Indian tribe defined
          In this paragraph the term "certified State or Indian tribe"
        means a State or Indian tribe for which a certification is made
        under subsection (a) in which the Secretary concurs.
      (3) Manner of payment
        (A) In general
          Subject to subparagraph (B), payments to States or Indian
        tribes under this subsection shall be made without regard to
        any limitation in section 1231(d) of this title and
        concurrently with payments to States under that section.
        (B) Initial payments
          The first 3 payments made to any State or Indian tribe shall
        be reduced to 25 percent, 50 percent, and 75 percent,
        respectively, of the amounts otherwise required under paragraph
        (2)(A).
        (C) Installments
          Amounts withheld from the first 3 annual installments as
        provided under subparagraph (B) shall be paid in 2 equal annual
        installments beginning with fiscal year 2018.
      (4) Reallocation
        (A) In general
          The amount allocated to any State or Indian tribe under
        subparagraph (A) or (B) of section 1232(g)(1) of this title
        that is paid to the State or Indian tribe as a result of a
        payment under paragraph (1) or (2) shall be reallocated and
        available for grants under section 1232(g)(5) of this title.
        (B) Allocation
          The grants shall be allocated based on the amount of coal
        historically produced before August 3, 1977, in the same manner
        as under section 1232(g)(5) of this title.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 411, as added Pub. L. 101-508, title
    VI, Sec. 6010(2), Nov. 5, 1990, 104 Stat. 1388-296; amended Pub. L.
    109-432, div. C, title II, Sec. 206, Dec. 20, 2006, 120 Stat.
    3016.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Uranium Mill Tailings Radiation Control Act of 1978, referred
    to in subsec. (d), is Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3021,
    as amended, which is classified principally to chapter 88 (Sec.
    7901 et seq.) of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 7901 of Title 42 and Tables.
      The Comprehensive Environmental Response Compensation and
    Liability Act of 1980, referred to in subsec. (d), probably means
    the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, Pub. L. 96-510, Dec. 11, 1980, 94 Stat.
    2767, as amended, which is classified principally to chapter 103
    (Sec. 9601 et seq.) of Title 42. For complete classification of
    this Act to the Code, see Short Title note set out under section
    9601 of Title 42 and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 411 of Pub. L. 95-87 was renumbered section 412
    and was classified to section 1241 of this title, prior to being
    omitted from the Code.

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-432, Sec. 206(1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (h). Pub. L. 109-432, Sec. 206(2), added subsec. (h).

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1991, see section 6014 of Pub. L. 101-
    508 set out as an Effective Date of 1990 Amendment note under
    section 1231 of this title.

-End-



-CITE-
    30 USC Sec. 1241                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1241. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 95-87, title IV, Sec. 412, formerly Sec. 411,
    Aug. 3, 1977, 91 Stat. 466, renumbered Sec. 412, Pub. L. 101-508,
    title VI, Sec. 6010(1), Nov. 5, 1990, 104 Stat. 1388-296, which
    required the Secretary of the Interior or the State pursuant to an
    approved State program to report to Congress annually on operations
    under the fund together with recommendations for future use of the
    fund, terminated, effective May 15, 2000, pursuant to section 3003
    of Pub. L. 104-66, as amended, set out as a note under section 1113
    of Title 31, Money and Finance. See, also, page 109 of House
    Document No. 103-7.

-End-



-CITE-
    30 USC Sec. 1242                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1242. Powers of Secretary or State

-STATUTE-
    (a) Engage in work, promulgate rules and regulations, etc., to
      implement and administer this subchapter
      The Secretary or the State pursuant to an approved State program,
    shall have the power and authority, if not granted it otherwise, to
    engage in any work and to do all things necessary or expedient,
    including promulgation of rules and regulations, to implement and
    administer the provisions of this subchapter.
    (b) Engage in cooperative projects
      The Secretary or the State pursuant to an approved State program,
    shall have the power and authority to engage in cooperative
    projects under this subchapter with any other agency of the United
    States of America, any State and their governmental agencies.
    (c) Request for action to restrain interference with regard to this
      subchapter
      The Secretary or the State pursuant to an approved State program,
    may request the Attorney General, who is hereby authorized to
    initiate, in addition to any other remedies provided for in this
    subchapter, in any court of competent jurisdiction, an action in
    equity for an injunction to restrain any interference with the
    exercise of the right to enter or to conduct any work provided in
    this subchapter.
    (d) Construct and operate plants for control and treatment of water
      pollution resulting from mine drainage
      The Secretary or the State pursuant to an approved State program,
    shall have the power and authority to construct and operate a plant
    or plants for the control and treatment of water pollution
    resulting from mine drainage. The extent of this control and
    treatment may be dependent upon the ultimate use of the water:
    Provided, That the above provisions of this paragraph shall not be
    deemed in any way to repeal or supersede any portion of the Federal
    Water Pollution Control Act (33 U.S.C.A. 1151, et seq. as amended)
    [33 U.S.C. 1251 et seq.] and no control or treatment under this
    subsection shall in any way be less than that required under the
    Federal Water Pollution Control Act. The construction of a plant or
    plants may include major interceptors and other facilities
    appurtenant to the plant.
    (e) Transfer funds
      The Secretary may transfer funds to other appropriate Federal
    agencies, in order to carry out the reclamation activities
    authorized by this subchapter.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 413, formerly Sec. 412, Aug. 3,
    1977, 91 Stat. 466, renumbered Sec. 413, Pub. L. 101-508, title VI,
    Sec. 6010(1), Nov. 5, 1990, 104 Stat. 1388-296.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Water Pollution Control Act (33 U.S.C.A. 1151, et
    seq. as amended), referred to in subsec. (d), is act June 30, 1948,
    ch. 758, 62 Stat. 1155, formerly classified to chapter 23 (Sec.
    1151 et seq.) of Title 33, Navigation and Navigable Waters, which
    was completely revised by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86
    Stat. 816, and is classified generally to chapter 26 (Sec. 1251 et
    seq.) of Title 33. For complete classification of this Act to the
    Code, see Short Title note set out under section 1251 of Title 33
    and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 413 of Pub. L. 95-87 was renumbered section 414
    and is classified to section 1243 of this title.

-End-



-CITE-
    30 USC Sec. 1243                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1243. Interagency cooperation

-STATUTE-
      All departments, boards, commissioners, and agencies of the
    United States of America shall cooperate with the Secretary by
    providing technical expertise, personnel, equipment, materials, and
    supplies to implement and administer the provisions of this
    subchapter.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 414, formerly Sec. 413, Aug. 3,
    1977, 91 Stat. 467, renumbered Sec. 414, Pub. L. 101-508, title VI,
    Sec. 6010(1), Nov. 5, 1990, 104 Stat. 1388-296.)

-End-



-CITE-
    30 USC Sec. 1244                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS

-HEAD-
    Sec. 1244. Remining incentives

-STATUTE-
    (a) In general
      Notwithstanding any other provision of this chapter, the
    Secretary may, after opportunity for public comment, promulgate
    regulations that describe conditions under which amounts in the
    fund may be used to provide incentives to promote remining of
    eligible land under section 1234 of this title in a manner that
    leverages the use of amounts from the fund to achieve more
    reclamation with respect to the eligible land than would be
    achieved without the incentives.
    (b) Requirements
      Any regulations promulgated under subsection (a) shall specify
    that the incentives shall apply only if the Secretary determines,
    with the concurrence of the State regulatory authority referred to
    in subchapter V, that, without the incentives, the eligible land
    would not be likely to be remined and reclaimed.
    (c) Incentives
      (1) In general
        Incentives that may be considered for inclusion in the
      regulations promulgated under subsection (a) include, but are not
      limited to - 
          (A) a rebate or waiver of the reclamation fees required under
        section 1232(a) of this title; and
          (B) the use of amounts in the fund to provide financial
        assurance for remining operations in lieu of all or a portion
        of the performance bonds required under section 1259 of this
        title.
      (2) Limitations
        (A) Use
          A rebate or waiver under paragraph (1)(A) shall be used only
        for operations that - 
            (i) remove or reprocess abandoned coal mine waste; or
            (ii) conduct remining activities that meet the priorities
          specified in paragraph (1) or (2) of section 1233(a) of this
          title.
        (B) Amount
          The amount of a rebate or waiver provided as an incentive
        under paragraph (1)(A) to remine or reclaim eligible land shall
        not exceed the estimated cost of reclaiming the eligible land
        under this section.

-SOURCE-
    (Pub. L. 95-87, title IV, Sec. 415, as added Pub. L. 109-432, div.
    C, title II, Sec. 207, Dec. 20, 2006, 120 Stat. 3018.)

-End-


-CITE-
    30 USC SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL
           IMPACTS OF SURFACE COAL MINING                  01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                                  MINING

-End-



-CITE-
    30 USC Sec. 1251                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1251. Environmental protection standards

-STATUTE-
      (a) Not later than the end of the ninety-day period immediately
    following August 3, 1977, the Secretary shall promulgate and
    publish in the Federal Register regulations covering an interim
    regulatory procedure for surface coal mining and reclamation
    operations setting mining and reclamation performance standards
    based on and incorporating the provisions set out in section
    1252(c) of this title. The issuance of the interim regulations
    shall be deemed not to be a major Federal action within the meaning
    of section 4332(2)(c) (!1) of title 42. Such regulations, which
    shall be concise and written in plain, understandable language
    shall not be promulgated and published by the Secretary until he
    has - 

        (A) published proposed regulations in the Federal Register and
      afforded interested persons and State and local governments a
      period of not less than thirty days after such publication to
      submit written comments thereon;
        (B) obtained the written concurrence of the Administrator of
      the Environmental Protection Agency with respect to those
      regulations promulgated under this section which relate to air or
      water quality standards promulgated under the authority of the
      Federal Water Pollution Control Act, as amended [33 U.S.C. 1251
      et seq.]; and the Clean Air Act, as amended [42 U.S.C. 7401 et
      seq.]; and
        (C) held at least one public hearing on the proposed
      regulations.

    The date, time, and place of any hearing held on the proposed
    regulations shall be set out in the publication of the proposed
    regulations. The Secretary shall consider all comments and relevant
    data presented at such hearing before final promulgation and
    publication of the regulations.
      (b) Not later than one year after August 3, 1977, the Secretary
    shall promulgate and publish in the Federal Register regulations
    covering a permanent regulatory procedure for surface coal mining
    and reclamation operations performance standards based on and
    conforming to the provisions of this subchapter and establishing
    procedures and requirements for preparation, submission, and
    approval of State programs; and development and implementation of
    Federal programs under the subchapter. The Secretary shall
    promulgate these regulations, which shall be concise and written in
    plain, understandable language in accordance with the procedures in
    subsection (a) of this section.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 501, Aug. 3, 1977, 91 Stat. 467.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Water Pollution Control Act, referred to in subsec.
    (a)(B), is act June 30, 1948, ch. 758, 62 Stat. 1155, as amended
    generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,
    which is classified generally to chapter 26 (Sec. 1251 et seq.) of
    Title 33, Navigation and Navigable Waters. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1251 of Title 33 and Tables.
      The Clean Air Act, referred to in subsec. (a)(B), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 7401 of Title 42
    and Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be "4332(2)(C)".


-End-



-CITE-
    30 USC Sec. 1251a                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1251a. Abandoned coal refuse sites

-STATUTE-
      (1) Notwithstanding any other provision of the Surface Mining
    Control and Reclamation Act of 1977 [30 U.S.C. 1201 et seq.] to the
    contrary, the Secretary of the Interior shall, within one year
    after October 24, 1992, publish proposed regulations in the Federal
    Register, and after opportunity for public comment publish final
    regulations, establishing environmental protection performance and
    reclamation standards, and separate permit systems applicable to
    operations for the on-site reprocessing of abandoned coal refuse
    and operations for the removal of abandoned coal refuse on lands
    that would otherwise be eligible for expenditure under section 404
    and section 402(g)(4) of the Surface Mining Control and Reclamation
    Act of 1977 [30 U.S.C. 1234, 1232(g)(4)].
      (2) The standards and permit systems referred to in paragraph (1)
    shall distinguish between those operations which reprocess
    abandoned coal refuse on-site, and those operations which
    completely remove abandoned coal refuse from a site for the direct
    use of such coal refuse, or for the reprocessing of such coal
    refuse, at another location. Such standards and permit systems
    shall be premised on the distinct differences between operations
    for the on-site reprocessing, and operations for the removal, of
    abandoned coal refuse and other types of surface coal mining
    operations.
      (3) The Secretary of the Interior may devise a different standard
    than any of those set forth in section 515 and section 516 of the
    Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1265,
    1266], and devise a separate permit system, if he determines, on a
    standard-by-standard basis, that a different standard may
    facilitate the on-site reprocessing, or the removal, of abandoned
    coal refuse in a manner that would provide the same level of
    environmental protection as under section 515 and section 516.
      (4) Not later than 30 days prior to the publication of the
    proposed regulations referred to in this section, the Secretary
    shall submit a report to the Committee on Interior and Insular
    Affairs of the United States House of Representatives, and the
    Committee on Energy and Natural Resources of the United States
    Senate containing a detailed description of any environmental
    protection performance and reclamation standards, and separate
    permit systems, devised pursuant to this section.

-SOURCE-
    (Pub. L. 102-486, title XXV, Sec. 2503(e), Oct. 24, 1992, 106 Stat.
    3103.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Surface Mining Control and Reclamation Act of 1977, referred
    to in par. (1), is Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445, as
    amended, which is classified generally to this chapter (Sec. 1201
    et seq.). For complete classification of this Act to the Code, see
    Short Title note set out under section 1201 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Surface Mining Control and Reclamation Act of
    1977 which comprises this chapter.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Interior and Insular Affairs of House of
    Representatives changed to Committee on Natural Resources of House
    of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
    Hundred Third Congress. Committee on Natural Resources of House of
    Representatives treated as referring to Committee on Resources of
    House of Representatives by section 1(a) of Pub. L. 104-14, set out
    as a note preceding section 21 of Title 2, The Congress.

-End-



-CITE-
    30 USC Sec. 1252                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1252. Initial regulatory procedures

-STATUTE-
    (a) State regulation
      No person shall open or develop any new or previously mined or
    abandoned site for surface coal mining operations on lands on which
    such operations are regulated by a State unless such person has
    obtained a permit from the State's regulatory authority.
    (b) Interim standards
      All surface coal mining operations on lands on which such
    operations are regulated by a State which commence operations
    pursuant to a permit issued on or after six months from August 3,
    1977, shall comply, and such permits shall contain terms requiring
    compliance with, the provisions set out in subsection (c) of this
    section. Prior to final disapproval of a State program or prior to
    promulgation of a Federal program or a Federal lands program
    pursuant to this chapter, a State may issue such permits.
    (c) Full compliance with environmental protection performance
      standards
      On and after nine months from August 3, 1977, all surface coal
    mining operations on lands on which such operations are regulated
    by a State shall comply with the provisions of subsections (b)(2),
    (b)(3), (b)(5), (b)(10), (b)(13), (b)(15), (b)(19), and (d) of
    section 1265 of this title or, where a surface coal mining
    operation will remove an entire coal seam or seams running through
    the upper fraction of a mountain, ridge, or hill by removing all of
    the overburden and creating a level plateau or a gently rolling
    contour with no highwalls remaining, such operation shall comply
    with the requirements of section 1265(c)(4) and (5) of this title
    without regard to the requirements of section 1265(b)(3) or (d)(2)
    and (3) of this title, with respect to lands from which overburden
    and the coal seam being mined have not been removed: Provided,
    however, That surface coal mining operations in operation pursuant
    to a permit issued by a State before August 3, 1977, issued to a
    person as defined in section 1291(19) of this title in existence
    prior to May 2, 1977 and operated by a person whose total annual
    production of coal from surface and underground coal mining
    operations does not exceed one hundred thousand tons shall not be
    subject to the provisions of this subsection except with reference
    to the provision of section 1265(d)(1) of this title until January
    1, 1979.
    (d) Permit application
      Not later than two months following the approval of a State
    program pursuant to section 1253 of this title or the
    implementation of a Federal program pursuant to section 1254 of
    this title, regardless of litigation contesting that approval or
    implementation, all operators of surface coal mines in expectation
    of operating such mines after the expiration of eight months from
    the approval of a State program or the implementation of a Federal
    program, shall file an application for a permit with the regulatory
    authority. Such application shall cover those lands to be mined
    after the expiration of eight months from the approval of a State
    program or the implementation of a Federal program. The regulatory
    authority shall process such applications and grant or deny a
    permit within eight months after the date of approval of the State
    program or the implementation of the Federal program, unless
    specially enjoined by a court of competent jurisdiction, but in no
    case later than forty-two months from August 3, 1977.
    (e) Federal enforcement program
      Within six months after August 3, 1977, the Secretary shall
    implement a Federal enforcement program which shall remain in
    effect in each State as surface coal mining operations are required
    to comply with the provisions of this chapter, until the State
    program has been approved pursuant to this chapter or until a
    Federal program has been implemented pursuant to this chapter. The
    enforcement program shall - 
        (1) include inspections of surface coal mine sites which may be
      made (but at least one inspection for every site every six
      months), without advance notice to the mine operator and for the
      purpose of ascertaining compliance with the standards of
      subsections (b) and (c) above. The Secretary shall order any
      necessary enforcement action to be implemented pursuant to the
      Federal enforcement provision of this subchapter to correct
      violations identified at the inspections;
        (2) provide that upon receipt of inspection reports indicating
      that any surface coal mining operation has been found in
      violation of subsections (b) and (c) above, during not less than
      two consecutive State inspections or upon receipt by the
      Secretary of information which would give rise to reasonable
      belief that such standards are being violated by any surface coal
      mining operation, the Secretary shall order the immediate
      inspection of such operation by Federal inspectors and the
      necessary enforcement actions, if any, to be implemented pursuant
      to the Federal enforcement provisions of this subchapter. When
      the Federal inspection results from information provided to the
      Secretary by any person, the Secretary shall notify such person
      when the Federal inspection is proposed to be carried out and
      such person shall be allowed to accompany the inspector during
      the inspection;
        (3) provide that the State regulatory agency file with the
      Secretary and with a designated Federal office centrally located
      in the county or area in which the inspected surface coal mine is
      located copies of inspection reports made;
        (4) provide that moneys authorized by section 1302 of this
      title shall be available to the Secretary prior to the approval
      of a State program pursuant to this chapter to reimburse the
      State for conducting those inspections in which the standards of
      this chapter are enforced and for the administration of this
      section.(!1)

        (5) for purposes of this section, the term "Federal inspector"
      means personnel of the Office of Surface Mining Reclamation and
      Enforcement and such additional personnel of the United States
      Geological Survey, Bureau of Land Management, or of the Mining
      Enforcement and Safety Administration so designated by the
      Secretary, or such other personnel of the Forest Service, Soil
      Conservation Service, or the Agricultural Stabilization and
      Conservation Service as arranged by appropriate agreement with
      the Secretary on a reimbursable or other basis; (!2)

    (f) Interim period
      Following the final disapproval of a State program, and prior to
    promulgation of a Federal program or a Federal lands program
    pursuant to this chapter, including judicial review of such a
    program, existing surface coal mining operations may continue
    surface mining operations pursuant to the provisions of this
    section. During such period no new permits shall be issued by the
    State whose program has been disapproved. Permits which lapse
    during such period may continue in full force and effect until
    promulgation of a Federal program or a Federal lands program.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 502, Aug. 3, 1977, 91 Stat. 468.)

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

               

    (!2) So in original. The semicolon probably should be a period.


-End-



-CITE-
    30 USC Sec. 1253                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1253. State programs

-STATUTE-
    (a) Regulation of surface coal mining and reclamation operations;
      submittal to Secretary; time limit; demonstration of
      effectiveness
      Each State in which there are or may be conducted surface coal
    mining operations on non-Federal lands, and which wishes to assume
    exclusive jurisdiction over the regulation of surface coal mining
    and reclamation operations, except as provided in sections 1271 and
    1273 of this title and subchapter IV of this chapter, shall submit
    to the Secretary, by the end of the eighteenth-month (!1) period
    beginning on August 3, 1977, a State program which demonstrates
    that such State has the capability of carrying out the provisions
    of this chapter and meeting its purposes through - 

        (1) a State law which provides for the regulation of surface
      coal mining and reclamation operations in accordance with the
      requirements of this chapter;
        (2) a State law which provides sanctions for violations of
      State laws, regulations, or conditions of permits concerning
      surface coal mining and reclamation operations, which sanctions
      shall meet the minimum requirements of this chapter, including
      civil and criminal actions, forfeiture of bonds, suspensions,
      revocations, and withholding of permits, and the issuance of
      cease-and-desist orders by the State regulatory authority or its
      inspectors;
        (3) a State regulatory authority with sufficient administrative
      and technical personnel, and sufficient funding to enable the
      State to regulate surface coal mining and reclamation operations
      in accordance with the requirements of this chapter;
        (4) a State law which provides for the effective
      implementations,(!1) maintenance, and enforcement of a permit
      system, meeting the requirements of this subchapter for the
      regulations (!1) of surface coal mining and reclamation
      operations for coal on lands within the State;
        (5) establishment of a process for the designation of areas as
      unsuitable for surface coal mining in accordance with section
      1272 of this title provided that the designation of Federal lands
      unsuitable for mining shall be performed exclusively by the
      Secretary after consultation with the State; and (!1)
        (6) establishment for the purposes of avoiding duplication, of
      a process for coordinating the review and issuance of permits for
      surface coal mining and reclamation operations with any other
      Federal or State permit process applicable to the proposed
      operations; and
        (7) rules and regulations consistent with regulations issued by
      the Secretary pursuant to this chapter.
    (b) Approval of program
      The Secretary shall not approve any State program submitted under
    this section until he has - 
        (1) solicited and publicly disclosed the views of the
      Administrator of the Environmental Protection Agency, the
      Secretary of Agriculture, and the heads of other Federal agencies
      concerned with or having special expertise pertinent to the
      proposed State program;
        (2) obtained the written concurrence of the Administrator of
      the Environmental Protection Agency with respect to those aspects
      of a State program which relate to air or water quality standards
      promulgated under the authority of the Federal Water Pollution
      Control Act, as amended [33 U.S.C. 1251 et seq.], and the Clean
      Air Act, as amended [42 U.S.C. 7401 et seq.];
        (3) held at least one public hearing on the State program
      within the State; and
        (4) found that the State has the legal authority and qualified
      personnel necessary for the enforcement of the environmental
      protection standards.

    The Secretary shall approve or disapprove a State program, in whole
    or in part, within six full calendar months after the date such
    State program was submitted to him.
    (c) Notice of disapproval
      If the Secretary disapproves any proposed State program in whole
    or in part, he shall notify the State in writing of his decision
    and set forth in detail the reasons therefor. The State shall have
    sixty days in which to resubmit a revised State program or portion
    thereof. The Secretary shall approve or disapprove the resubmitted
    State program or portion thereof within sixty days from the date of
    resubmission.
    (d) Inability of State to take action
      For the purposes of this section and section 1254 of this title,
    the inability of a State to take any action the purpose of which is
    to prepare, submit or enforce a State program, or any portion
    thereof, because the action is enjoined by the issuance of an
    injunction by any court of competent jurisdiction shall not result
    in a loss of eligibility for financial assistance under subchapters
    IV and VII of this chapter or in the imposition of a Federal
    program. Regulation of the surface coal mining and reclamation
    operations covered or to be covered by the State program subject to
    the injunction shall be conducted by the State pursuant to section
    1252 of this title, until such time as the injunction terminates or
    for one year, whichever is shorter, at which time the requirements
    of this section and section 1254 of this title shall again be fully
    applicable.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 503, Aug. 3, 1977, 91 Stat. 470.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Water Pollution Control Act, referred to in subsec.
    (b)(2), is act June 30, 1948, ch. 758, 62 Stat. 1155, as amended
    generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,
    which is classified generally to chapter 26 (Sec. 1251 et seq.) of
    Title 33, Navigation and Navigable Waters. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1251 of Title 33 and Tables.
      The Clean Air Act, referred to in subsec. (b)(2), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 7401 of Title 42
    and Tables.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    30 USC Sec. 1254                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1254. Federal programs

-STATUTE-
    (a) Promulgation and implementation by Secretary for State
      The Secretary shall prepare and, subject to the provisions of
    this section, promulgate and implement a Federal program for a
    State no later than thirty-four months after August 3, 1977, if
    such State - 
        (1) fails to submit a State program covering surface coal
      mining and reclamation operations by the end of the eighteen-
      month period beginning on August 3, 1977;
        (2) fails to resubmit an acceptable State program within sixty
      days of disapproval of a proposed State program: Provided, That
      the Secretary shall not implement a Federal program prior to the
      expiration of the initial period allowed for submission of a
      State program as provided for in clause (1) of this subsection;
      or
        (3) fails to implement, enforce, or maintain its approved State
      program as provided for in this chapter.

    If State compliance with clause (1) of this subsection requires an
    act of the State legislature, the Secretary may extend the period
    of submission of a State program up to an additional six months.
    Promulgation and implementation of a Federal program vests the
    Secretary with exclusive jurisdiction for the regulation and
    control of surface coal mining and reclamation operations taking
    place on lands within any State not in compliance with this
    chapter. After promulgation and implementation of a Federal program
    the Secretary shall be the regulatory authority. If a Federal
    program is implemented for a State, section 1272(a), (c), and (d)
    of this title shall not apply for a period of one year following
    the date of such implementation. In promulgating and implementing a
    Federal program for a particular State the Secretary shall take
    into consideration the nature of that State's terrain, climate,
    biological, chemical, and other relevant physical conditions.
    (b) Federal enforcement of State program
      In the event that a State has a State program for surface coal
    mining, and is not enforcing any part of such program, the
    Secretary may provide for the Federal enforcement, under the
    provisions of section 1271 of this title, of that part of the State
    program not being enforced by such State.
    (c) Notice and hearing
      Prior to promulgation and implementation of any proposed Federal
    program, the Secretary shall give adequate public notice and hold a
    public hearing in the affected State.
    (d) Review of permits
      Permits issued pursuant to a previously approved State program
    shall be valid but reviewable under a Federal program. Immediately
    following promulgation of a Federal program, the Secretary shall
    undertake to review such permits to determine that the requirements
    of this chapter are not violated. If the Secretary determines any
    permit to have been granted contrary to the requirements of this
    chapter, he shall so advise the permittee and provide him an
    opportunity for hearing and a reasonable opportunity for submission
    of a new application and reasonable time, within a time limit
    prescribed in regulations promulgated pursuant to section 1251(b)
    of this title, to conform ongoing surface mining and reclamation
    operations to the requirements of the Federal program.
    (e) Submission of State program after implementation of Federal
      program
      A State which has failed to obtain the approval of a State
    program prior to implementation of a Federal program may submit a
    State program at any time after such implementation. Upon the
    submission of such a program, the Secretary shall follow the
    procedures set forth in section 1253(b) of this title and shall
    approve or disapprove the State program within six months after its
    submittal. Approval of a State program shall be based on the
    determination that the State has the capability of carrying out the
    provisions of this chapter and meeting its purposes through the
    criteria set forth in section 1253(a)(1) through (6) of this title.
    Until a State program is approved as provided under this section,
    the Federal program shall remain in effect and all actions taken by
    the Secretary pursuant to such Federal program, including the terms
    and conditions of any permit issued thereunder shall remain in
    effect.
    (f) Validity of Federal program permits under superseding State
      program
      Permits issued pursuant to the Federal program shall be valid
    under any superseding State program: Provided, That the Federal
    permittee shall have the right to apply for a State permit to
    supersede his Federal permit. The State regulatory authority may
    review such permits to determine that the requirements of this
    chapter and the approved State program are not violated. Should the
    State program contain additional requirements not contained in the
    Federal program, the permittee will be provided opportunity for
    hearing and a reasonable time, within a time limit prescribed in
    regulations promulgated pursuant to section 1251 of this title, to
    conform ongoing surface mining and reclamation operations to the
    additional State requirements.
    (g) Preemption of State statutes or regulations
      Whenever a Federal program is promulgated for a State pursuant to
    this chapter, any statutes or regulations of such State which are
    in effect to regulate surface mining and reclamation operations
    subject to this chapter shall, insofar as they interfere with the
    achievement of the purposes and the requirements of this chapter
    and the Federal program, be preempted and superseded by the Federal
    program. The Secretary shall set forth any State law or regulation
    which is preempted and superseded by the Federal program.
    (h) Coordination of issuance and review of Federal program permits
      with any other Federal or State permit process
      Any Federal program shall include a process for coordinating the
    review and issuance of permits for surface mining and reclamation
    operations with any other Federal or State permit process
    applicable to the proposed operation.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 504, Aug. 3, 1977, 91 Stat. 471.)

-End-



-CITE-
    30 USC Sec. 1255                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1255. State laws

-STATUTE-
      (a) No State law or regulation in effect on August 3, 1977, or
    which may become effective thereafter, shall be superseded by any
    provision of this chapter or any regulation issued pursuant
    thereto, except insofar as such State law or regulation is
    inconsistent with the provisions of this chapter.
      (b) Any provision of any State law or regulation in effect upon
    August 3, 1977, or which may become effective thereafter, which
    provides for more stringent land use and environmental controls and
    regulations of surface coal mining and reclamation operation than
    do the provisions of this chapter or any regulation issued pursuant
    thereto shall not be construed to be inconsistent with this
    chapter. The Secretary shall set forth any State law or regulation
    which is construed to be inconsistent with this chapter. Any
    provision of any State law or regulation in effect on August 3,
    1977, or which may become effective thereafter, which provides for
    the control and regulation of surface mining and reclamation
    operations for which no provision is contained in this chapter
    shall not be construed to be inconsistent with this chapter.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 505, Aug. 3, 1977, 91 Stat. 473.)

-End-



-CITE-
    30 USC Sec. 1256                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1256. Permits

-STATUTE-
    (a) Persons engaged in surface coal mining within State; time
      limit; exception
      No later than eight months from the date on which a State program
    is approved by the Secretary, pursuant to section 1253 of this
    title, or no later than eight months from the date on which the
    Secretary has promulgated a Federal program for a State not having
    a State program pursuant to section 1254 of this title, no person
    shall engage in or carry out on lands within a State any surface
    coal mining operations unless such person has first obtained a
    permit issued by such State pursuant to an approved State program
    or by the Secretary pursuant to a Federal program; except a person
    conducting surface coal mining operations under a permit from the
    State regulatory authority, issued in accordance with the
    provisions of section 1252 of this title, may conduct such
    operations beyond such period if an application for a permit has
    been filed in accordance with the provisions of this chapter, but
    the initial administrative decision has not been rendered.
    (b) Term
      All permits issued pursuant to the requirements of this chapter
    shall be issued for a term not to exceed five years: Provided, That
    if the applicant demonstrates that a specified longer term is
    reasonably needed to allow the applicant to obtain necessary
    financing for equipment and the opening of the operation and if the
    application is full and complete for such specified longer term,
    the regulatory authority may grant a permit for such longer term. A
    successor in interest to a permittee who applies for a new permit
    within thirty days of succeeding to such interest and who is able
    to obtain the bond coverage of the original permittee may continue
    surface coal mining and reclamation operations according to the
    approved mining and reclamation plan of the original permittee
    until such successor's application is granted or denied.
    (c) Termination
      A permit shall terminate if the permittee has not commenced the
    surface coal mining operations covered by such permit within three
    years of the issuance of the permit: Provided, That the regulatory
    authority may grant reasonable extensions of time upon a showing
    that such extensions are necessary by reason of litigation
    precluding such commencement or threatening substantial economic
    loss to the permittee, or by reason of conditions beyond the
    control and without the fault or negligence of the permittee:
    Provided further, That in the case of a coal lease issued under the
    Federal Mineral Leasing Act, as amended [30 U.S.C. 181 et seq.],
    extensions of time may not extend beyond the period allowed for
    diligent development in accordance with section 7 of that Act [30
    U.S.C. 207]: Provided further, That with respect to coal to be
    mined for use in a synthetic fuel facility or specific major
    electric generating facility, the permittee shall be deemed to have
    commenced surface mining operations at such time as the
    construction of the synthetic fuel or generating facility is
    initiated.
    (d) Renewal
      (1) Any valid permit issued pursuant to this chapter shall carry
    with it the right of successive renewal upon expiration with
    respect to areas within the boundaries of the existing permit. The
    holders of the permit may apply for renewal and such renewal shall
    be issued (provided that on application for renewal the burden
    shall be on the opponents of renewal), subsequent to fulfillment of
    the public notice requirements of sections 1263 and 1264 of this
    title unless it is established that and written findings by the
    regulatory authority are made that - 
        (A) the terms and conditions of the existing permit are not
      being satisfactorily met;
        (B) the present surface coal mining and reclamation operation
      is not in compliance with the environmental protection standards
      of this chapter and the approved State plan or Federal program
      pursuant to this chapter; or
        (C) the renewal requested substantially jeopardizes the
      operator's continuing responsibility on existing permit areas;
        (D) the operator has not provided evidence that the performance
      bond in effect for said operation will continue in full force and
      effect for any renewal requested in such application as well as
      any additional bond the regulatory authority might require
      pursuant to section 1259 of this title; or
        (E) any additional revised or updated information required by
      the regulatory authority has not been provided. Prior to the
      approval of any renewal of permit the regulatory authority shall
      provide notice to the appropriate public authorities.

      (2) If an application for renewal of a valid permit includes a
    proposal to extend the mining operation beyond the boundaries
    authorized in the existing permit, the portion of the application
    for renewal of a valid permit which addresses any new land areas
    shall be subject to the full standards applicable to new
    applications under this chapter: Provided, however, That if the
    surface coal mining operations authorized by a permit issued
    pursuant to this chapter were not subject to the standards
    contained in section 1260(b)(5)(A) and (B) of this title by reason
    of complying with the proviso of section 1260(b)(5) of this title,
    then the portion of the application for renewal of the permit which
    addresses any new land areas previously identified in the
    reclamation plan submitted pursuant to section 1258 of this title
    shall not be subject to the standards contained in section
    1260(b)(5)(A) and (B) of this title.
      (3) Any permit renewal shall be for a term not to exceed the
    period of the original permit established by this chapter.
    Application for permit renewal shall be made at least one hundred
    and twenty days prior to the expiration of the valid permit.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 506, Aug. 3, 1977, 91 Stat. 473.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Mineral Leasing Act, as amended, referred to in
    subsec. (c), probably means act Feb. 25, 1920, ch. 85, 41 Stat.
    437, as amended, known as the Mineral Leasing Act, which is
    classified generally to chapter 3A (Sec. 181 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 181 of this title and
    Tables.

-End-



-CITE-
    30 USC Sec. 1257                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1257. Application requirements

-STATUTE-
    (a) Fee
      Each application for a surface coal mining and reclamation permit
    pursuant to an approved State program or a Federal program under
    the provisions of this chapter shall be accompanied by a fee as
    determined by the regulatory authority. Such fee may be less than
    but shall not exceed the actual or anticipated cost of reviewing,
    administering, and enforcing such permit issued pursuant to a State
    or Federal program. The regulatory authority may develop procedures
    so as to enable the cost of the fee to be paid over the term of the
    permit.
    (b) Submittal; contents
      The permit application shall be submitted in a manner
    satisfactory to the regulatory authority and shall contain, among
    other things - 
        (1) the names and addresses of (A) the permit applicant; (B)
      every legal owner of record of the property (surface and
      mineral), to be mined; (C) the holders of record of any leasehold
      interest in the property; (D) any purchaser of record of the
      property under a real estate contract; and (E) the operator if he
      is a person different from the applicant; and (F) if any of these
      are business entities other than a single proprietor, the names
      and addresses of the principals, officers, and resident agent;
        (2) the names and addresses of the owners of record of all
      surface and subsurface areas adjacent to any part of the permit
      area;
        (3) a statement of any current or previous surface coal mining
      permits in the United States held by the applicant and the permit
      identification and each pending application;
        (4) if the applicant is a partnership, corporation,
      association, or other business entity, the following where
      applicable: the names and addresses of every officer, partner,
      director, or person performing a function similar to a director,
      of the applicant, together with the name and address of any
      person owning, of record 10 per centum or more of any class of
      voting stock of the applicant and a list of all names under which
      the applicant, partner, or principal shareholder previously
      operated a surface mining operation within the United States
      within the five-year period preceding the date of submission of
      the application;
        (5) a statement of whether the applicant, any subsidiary,
      affiliate, or persons controlled by or under common control with
      the applicant, has ever held a Federal or State mining permit
      which in the five-year period prior to the date of submission of
      the application has been suspended or revoked or has had a mining
      bond or similar security deposited in lieu of bond forefeited
      (!1) and, if so, a brief explanation of the facts involved;

        (6) a copy of the applicant's advertisement to be published in
      a newspaper of general circulation in the locality of the
      proposed site at least once a week for four successive weeks, and
      which includes the ownership, a description of the exact location
      and boundaries of the proposed site sufficient so that the
      proposed operation is readily locatable by local residents, and
      the location of where the application is available for public
      inspection;
        (7) a description of the type and method of coal mining
      operation that exists or is proposed, the engineering techniques
      proposed or used, and the equipment used or proposed to be used;
        (8) the anticipated or actual starting and termination dates of
      each phase of the mining operation and number of acres of land to
      be affected;
        (9) the applicant shall file with the regulatory authority on
      an accurate map or plan, to an appropriate scale, clearly showing
      the land to be affected as of the date of the application, the
      area of land within the permit area upon which the applicant has
      the legal right to enter and commence surface mining operations
      and shall provide to the regulatory authority a statement of
      those documents upon which the applicant bases his legal right to
      enter and commence surface mining operations on the area
      affected, and whether that right is the subject of pending court
      litigation: Provided, That nothing in this chapter shall be
      construed as vesting in the regulatory authority the jurisdiction
      to adjudicate property title disputes.(!2)

        (10) the name of the watershed and location of the surface
      stream or tributary into which surface and pit drainage will be
      discharged;
        (11) a determination of the probable hydrologic consequences of
      the mining and reclamation operations, both on and off the mine
      site, with respect to the hydrologic regime, quantity and quality
      of water in surface and ground water systems including the
      dissolved and suspended solids under seasonal flow conditions and
      the collection of sufficient data for the mine site and
      surrounding areas so that an assessment can be made by the
      regulatory authority of the probable cumulative impacts of all
      anticipated mining in the area upon the hydrology of the area and
      particularly upon water availability: Provided, however, That
      this determination shall not be required until such time as
      hydrologic information on the general area prior to mining is
      made available from an appropriate Federal or State agency:
      Provided further, That the permit shall not be approved until
      such information is available and is incorporated into the
      application;
        (12) when requested by the regulatory authority, the
      climatological factors that are peculiar to the locality of the
      land to be affected, including the average seasonal
      precipitation, the average direction and velocity of prevailing
      winds, and the seasonal temperature ranges;
        (13) accurate maps to an appropriate scale clearly showing (A)
      the land to be affected as of the date of application and (B) all
      types of information set forth on topographical maps of the
      United States Geological Survey of a scale of 1:24,000 or
      1:25,000 or larger, including all manmade features and
      significant known archeological sites existing on the date of
      application. Such a map or plan shall among other things
      specified by the regulatory authority show all boundaries of the
      land to be affected, the boundary lines and names of present
      owners of record of all surface areas abutting the permit area,
      and the location of all buildings within one thousand feet of the
      permit area;
        (14) cross-section maps or plans of the land to be affected
      including the actual area to be mined, prepared by or under the
      direction of and certified by a qualified registered professional
      engineer, or professional geologist with assistance from experts
      in related fields such as land surveying and landscape
      architecture, showing pertinent elevation and location of test
      borings or core samplings and depicting the following
      information: the nature and depth of the various strata of
      overburden; the location of subsurface water, if encountered, and
      its quality; the nature and thickness of any coal or rider seam
      above the coal seam to be mined; the nature of the stratum
      immediately beneath the coal seam to be mined; all mineral crop
      lines and the strike and dip of the coal to be mined, within the
      area of land to be affected; existing or previous surface mining
      limits; the location and extent of known workings of any
      underground mines, including mine openings to the surface; the
      location of aquifers; the estimated elevation of the water table;
      the location of spoil, waste, or refuse areas and top-soil
      preservation areas; the location of all impoundments for waste or
      erosion control; any settling or water treatment facility;
      constructed or natural drainways and the location of any
      discharges to any surface body of water on the area of land to be
      affected or adjacent thereto; and profiles at appropriate cross
      sections of the anticipated final surface configuration that will
      be achieved pursuant to the operator's proposed reclamation plan;
        (15) a statement of the result of test borings or core
      samplings from the permit area, including logs of the drill
      holes; the thickness of the coal seam found, an analysis of the
      chemical properties of such coal; the sulfur content of any coal
      seam; chemical analysis of potentially acid or toxic forming
      sections of the overburden; and chemical analysis of the stratum
      lying immediately underneath the coal to be mined except that the
      provisions of this paragraph (15) may be waived by the regulatory
      authority with respect to the specific application by a written
      determination that such requirements are unnecessary;
        (16) for those lands in the permit application which a
      reconnaissance inspection suggests may be prime farm lands, a
      soil survey shall be made or obtained according to standards
      established by the Secretary of Agriculture in order to confirm
      the exact location of such prime farm lands, if any; and
        (17) information pertaining to coal seams, test borings, core
      samplings, or soil samples as required by this section shall be
      made available to any person with an interest which is or may be
      adversely affected: Provided, That information which pertains
      only to the analysis of the chemical and physical properties of
      the coal (excepting information regarding such mineral or
      elemental content which is potentially toxic in the environment)
      shall be kept confidential and not made a matter of public
      record.
    (c) Assistance to small coal operators
      (1) If the regulatory authority finds that the probable total
    annual production at all locations of a coal surface mining
    operator will not exceed 300,000 tons, the cost of the following
    activities, which shall be performed by a qualified public or
    private laboratory or such other public or private qualified entity
    designated by the regulatory authority, shall be assumed by the
    regulatory authority upon the written request of the operator in
    connection with a permit application:
        (A) The determination of probable hydrologic consequences
      required by subsection (b)(11) of this section, including the
      engineering analyses and designs necessary for the determination.
        (B) The development of cross-section maps and plans required by
      subsection (b)(14) of this section.
        (C) The geologic drilling and statement of results of test
      borings and core samplings required by subsection (b)(15) of this
      section.
        (D) The collection of archaeological information required by
      subsection (b)(13) of this section and any other archaeological
      and historical information required by the regulatory authority,
      and the preparation of plans necessitated thereby.
        (E) Pre-blast surveys required by section 1265(b)(15)(E) of
      this title.
        (F) The collection of site-specific resource information and
      production of protection and enhancement plans for fish and
      wildlife habitats and other environmental values required by the
      regulatory authority under this chapter.

      (2) The Secretary shall provide or assume the cost of training
    coal operators that meet the qualifications stated in paragraph (1)
    concerning the preparation of permit applications and compliance
    with the regulatory program, and shall ensure that qualified coal
    operators are aware of the assistance available under this
    subsection.
    (d) Reclamation plan
      Each applicant for a permit shall be required to submit to the
    regulatory authority as part of the permit application a
    reclamation plan which shall meet the requirements of this chapter.
    (e) Public inspection
      Each applicant for a surface coal mining and reclamation permit
    shall file a copy of his application for public inspection with the
    recorder at the courthouse of the county or an appropriate public
    office approved by the regulatory authority where the mining is
    proposed to occur, except for that information pertaining to the
    coal seam itself.
    (f) Insurance certificate
      Each applicant for a permit shall be required to submit to the
    regulatory authority as part of the permit application a
    certificate issued by an insurance company authorized to do
    business in the United States certifying that the applicant has a
    public liability insurance policy in force for the surface mining
    and reclamation operations for which such permit is sought, or
    evidence that the applicant has satisfied other State or Federal
    self-insurance requirements. Such policy shall provide for personal
    injury and property damage protection in an amount adequate to
    compensate any persons damaged as a result of surface coal mining
    and reclamation operations including use of explosives and entitled
    to compensation under the applicable provisions of State law. Such
    policy shall be maintained in full force and effect during the
    terms of the permit or any renewal, including the length of all
    reclamation operations.
    (g) Blasting plan
      Each applicant for a surface coal mining and reclamation permit
    shall submit to the regulatory authority as part of the permit
    application a blasting plan which shall outline the procedures and
    standards by which the operator will meet the provisions of section
    1265(b)(15) of this title.
    (h) Reimbursement of costs
      A coal operator that has received assistance pursuant to
    subsection (c)(1) or (2) of this section shall reimburse the
    regulatory authority for the cost of the services rendered if the
    program administrator finds that the operator's actual and
    attributed annual production of coal for all locations exceeds
    300,000 tons during the 12 months immediately following the date on
    which the operator is issued the surface coal mining and
    reclamation permit.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 507, Aug. 3, 1977, 91 Stat. 474; Pub.
    L. 101-508, title VI, Sec. 6011, Nov. 5, 1990, 104 Stat. 1388-297;
    Pub. L. 102-486, title XXV, Sec. 2513, Oct. 24, 1992, 106 Stat.
    3112.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (c). Pub. L. 102-486, Sec. 2513(a), amended
    subsec. (c) generally. Prior to amendment, subsec. (c) read as
    follows: "If the regulatory authority finds that the probable total
    annual production at all locations of any coal surface mining
    operator will not exceed 300,000 tons, the determination of
    probable hydrologic consequences required by subsection (b)(11) of
    this section and the statement of the result of test borings or
    core samplings required by subsection (b)(15) of this section
    shall, upon the written request of the operator be performed by a
    qualified public or private laboratory designated by the regulatory
    authority and the cost of the preparation of such determination and
    statement shall be assumed by the regulatory authority."
      Subsec. (h). Pub. L. 102-486, Sec. 2513(b), added subsec. (h).
      1990 - Subsec. (c). Pub. L. 101-508 substituted "300,000" for
    "100,000".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508, effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

    PREPARATION OF CROSS-SECTIONS, MAPS, AND PLANS OF LAND BY OR UNDER
         DIRECTION OF QUALIFIED REGISTERED PROFESSIONAL ENGINEERS,
                       GEOLOGISTS, OR LAND SURVEYORS
      Pub. L. 98-146, title I, Sec. 115, Nov. 4, 1983, 97 Stat. 938,
    provided that: "Notwithstanding section 507(b)(14) of the Surface
    Mining Control and Reclamation Act of 1977 (Public Law 95-87)
    [subsec. (b)(14) of this section], cross-sections, maps or plans of
    land to be affected by an application for a surface mining and
    reclamation permit shall be prepared by or under the direction of a
    qualified registered professional engineer or geologist, or
    qualified registered professional land surveyor in any State which
    authorizes land surveyors to prepare and certify such maps or
    plans."

-FOOTNOTE-
    (!1) So in original. Probably should be "forfeited".

               

    (!2) So in original. The period probably should be a semicolon.


-End-



-CITE-
    30 USC Sec. 1258                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1258. Reclamation plan requirements

-STATUTE-
      (a) Each reclamation plan submitted as part of a permit
    application pursuant to any approved State program or a Federal
    program under the provisions of this chapter shall include, in the
    degree of detail necessary to demonstrate that reclamation required
    by the State or Federal program can be accomplished, a statement
    of:
        (1) the identification of the lands subject to surface coal
      mining operations over the estimated life of those operations and
      the size, sequence, and timing of the subareas for which it is
      anticipated that individual permits for mining will be sought;
        (2) the condition of the land to be covered by the permit prior
      to any mining including:
          (A) the uses existing at the time of the application, and if
        the land has a history of previous mining, the uses which
        preceded any mining; and
          (B) the capability of the land prior to any mining to support
        a variety of uses giving consideration to soil and foundation
        characteristics, topography, and vegetative cover, and, if
        applicable, a soil survey prepared pursuant to section
        1257(b)(16) of this title; and
          (C) the productivity of the land prior to mining, including
        appropriate classification as prime farm lands, as well as the
        average yield of food, fiber, forage, or wood products from
        such lands obtained under high levels of management;

        (3) the use which is proposed to be made of the land following
      reclamation, including a discussion of the utility and capacity
      of the reclaimed land to support a variety of alternative uses
      and the relationship of such use to existing land use policies
      and plans, and the comments of any owner of the surface, State
      and local governments or agencies thereof which would have to
      initiate, implement, approve or authorize the proposed use of the
      land following reclamation;
        (4) a detailed description of how the proposed postmining land
      use is to be achieved and the necessary support activities which
      may be needed to achieve the proposed land use;
        (5) the engineering techniques proposed to be used in mining
      and reclamation and a description of the major equipment; a plan
      for the control of surface water drainage and of water
      accumulation; a plan, where appropriate, for backfilling, soil
      stabilization, and compacting, grading, and appropriate
      revegetation; a plan for soil reconstruction, replacement, and
      stabilization, pursuant to the performance standards in section
      1265(b)(7)(A), (B), (C), and (D) of this title, for those food,
      forage, and forest lands identified in section 1265(b)(7) of this
      title; an estimate of the cost per acre of the reclamation,
      including a statement as to how the permittee plans to comply
      with each of the requirements set out in section 1265 of this
      title;
        (6) the consideration which has been given to maximize the
      utilization and conservation of the solid fuel resource being
      recovered so that reaffecting the land in the future can be
      minimized;
        (7) a detailed estimated timetable for the accomplishment of
      each major step in the reclamation plan;
        (8) the consideration which has been given to making the
      surface mining and reclamation operations consistent with surface
      owner plans, and applicable State and local land use plans and
      programs;
        (9) the steps to be taken to comply with applicable air and
      water quality laws and regulations and any applicable health and
      safety standards;
        (10) the consideration which has been given to developing the
      reclamation plan in a manner consistent with local physical
      environmental, and climatological conditions;
        (11) all lands, interests in lands, or options on such
      interests held by the applicant or pending bids on interests in
      lands by the applicant, which lands are contiguous to the area to
      be covered by the permit;
        (12) the results of test boring which the applicant has made at
      the area to be covered by the permit, or other equivalent
      information and data in a form satisfactory to the regulatory
      authority, including the location of subsurface water, and an
      analysis of the chemical properties including acid forming
      properties of the mineral and overburden: Provided, That
      information which pertains only to the analysis of the chemical
      and physical properties of the coal (excepting information
      regarding such mineral or elemental contents which is potentially
      toxic in the environment) shall be kept confidential and not made
      a matter of public record;
        (13) a detailed description of the measures to be taken during
      the mining and reclamation process to assure the protection of:
          (A) the quality of surface and ground water systems, both on-
        and off-site, from adverse effects of the mining and
        reclamation process;
          (B) the rights of present users to such water; and
          (C) the quantity of surface and ground water systems, both on-
         and off-site, from adverse effects of the mining and
        reclamation process or to provide alternative sources of water
        where such protection of quantity cannot be assured;

        (14) such other requirements as the regulatory authority shall
      prescribe by regulations.

      (b) Any information required by this section which is not on
    public file pursuant to State law shall be held in confidence by
    the regulatory authority.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 508, Aug. 3, 1977, 91 Stat. 478.)

-End-



-CITE-
    30 USC Sec. 1259                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1259. Performance bonds

-STATUTE-
    (a) Filing with regulatory authority; scope; number and amount
      After a surface coal mining and reclamation permit application
    has been approved but before such a permit is issued, the applicant
    shall file with the regulatory authority, on a form prescribed and
    furnished by the regulatory authority, a bond for performance
    payable, as appropriate, to the United States or to the State, and
    conditional upon faithful performance of all the requirements of
    this chapter and the permit. The bond shall cover that area of land
    within the permit area upon which the operator will initiate and
    conduct surface coal mining and reclamation operations within the
    initial term of the permit. As succeeding increments of surface
    coal mining and reclamation operations are to be initiated and
    conducted within the permit area, the permittee shall file with the
    regulatory authority an additional bond or bonds to cover such
    increments in accordance with this section. The amount of the bond
    required for each bonded area shall depend upon the reclamation
    requirements of the approved permit; shall reflect the probable
    difficulty of reclamation giving consideration to such factors as
    topography, geology of the site, hydrology, and revegetation
    potential, and shall be determined by the regulatory authority. The
    amount of the bond shall be sufficient to assure the completion of
    the reclamation plan if the work had to be performed by the
    regulatory authority in the event of forfeiture and in no case
    shall the bond for the entire area under one permit be less than
    $10,000.
    (b) Liability period; execution
      Liability under the bond shall be for the duration of the surface
    coal mining and reclamation operation and for a period coincident
    with operator's responsibility for revegetation requirements in
    section 1265 of this title. The bond shall be executed by the
    operator and a corporate surety licensed to do business in the
    State where such operation is located, except that the operator may
    elect to deposit cash, negotiable bonds of the United States
    Government or such State, or negotiable certificates of deposit of
    any bank organized or transacting business in the United States.
    The cash deposit or market value of such securities shall be equal
    to or greater than the amount of the bond required for the bonded
    area.
    (c) Bond of applicant without separate surety; alternate system
      The regulatory authority may accept the bond of the applicant
    itself without separate surety when the applicant demonstrates to
    the satisfaction of the regulatory authority the existence of a
    suitable agent to receive service of process and a history of
    financial solvency and continuous operation sufficient for
    authorization to self-insure or bond such amount or in lieu of the
    establishment of a bonding program, as set forth in this section,
    the Secretary may approve as part of a State or Federal program an
    alternative system that will achieve the objectives and purposes of
    the bonding program pursuant to this section.
    (d) Deposit of cash or securities
      Cash or securities so deposited shall be deposited upon the same
    terms as the terms upon which surety bonds may be deposited. Such
    securities shall be security for the repayment of such negotiable
    certificate of deposit.
    (e) Adjustments
      The amount of the bond or deposit required and the terms of each
    acceptance of the applicant's bond shall be adjusted by the
    regulatory authority from time to time as affected land acreages
    are increased or decreased or where the cost of future reclamation
    changes.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 509, Aug. 3, 1977, 91 Stat. 479.)

-End-



-CITE-
    30 USC Sec. 1260                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1260. Permit approval or denial

-STATUTE-
    (a) Basis for decision; notification of applicant and local
      government officials; burden of proof
      Upon the basis of a complete mining application and reclamation
    plan or a revision or renewal thereof, as required by this chapter
    and pursuant to an approved State program or Federal program under
    the provisions of this chapter, including public notification and
    an opportunity for a public hearing as required by section 1263 of
    this title, the regulatory authority shall grant, require
    modification of, or deny the application for a permit in a
    reasonable time set by the regulatory authority and notify the
    applicant in writing. The applicant for a permit, or revision of a
    permit, shall have the burden of establishing that his application
    is in compliance with all the requirements of the applicable State
    or Federal program. Within ten days after the granting of a permit,
    the regulatory authority shall notify the local governmental
    officials in the local political subdivision in which the area of
    land to be affected is located that a permit has been issued and
    shall describe the location of the land.
    (b) Requirements for approval
      No permit or revision application shall be approved unless the
    application affirmatively demonstrates and the regulatory authority
    finds in writing on the basis of the information set forth in the
    application or from information otherwise available which will be
    documented in the approval, and made available to the applicant,
    that - 
        (1) the permit application is accurate and complete and that
      all the requirements of this chapter and the State or Federal
      program have been complied with;
        (2) the applicant has demonstrated that reclamation as required
      by this chapter and the State or Federal program can be
      accomplished under the reclamation plan contained in the permit
      application;
        (3) the assessment of the probable cumulative impact of all
      anticipated mining in the area on the hydrologic balance
      specified in section 1257(b) of this title has been made by the
      regulatory authority and the proposed operation thereof has been
      designed to prevent material damage to hydrologic balance outside
      permit area;
        (4) the area proposed to be mined is not included within an
      area designated unsuitable for surface coal mining pursuant to
      section 1272 of this title or is not within an area under study
      for such designation in an administrative proceeding commenced
      pursuant to section 1272(a)(4)(D) or section 1272(c) of this
      title (unless in such an area as to which an administrative
      proceeding has commenced pursuant to section 1272(a)(4)(D) of
      this title, the operator making the permit application
      demonstrates that, prior to January 1, 1977, he has made
      substantial legal and financial commitments in relation to the
      operation for which he is applying for a permit);
        (5) the proposed surface coal mining operation, if located west
      of the one hundredth meridian west longitude, would - 
          (A) not interrupt, discontinue, or preclude farming on
        alluvial valley floors that are irrigated or naturally
        subirrigated, but, excluding undeveloped range lands which are
        not significant to farming on said alluvial valley floors and
        those lands as to which the regulatory authority finds that if
        the farming that will be interrupted, discontinued, or
        precluded is of such small acreage as to be of negligible
        impact on the farm's agricultural production, or
          (B) not materially damage the quantity or quality of water in
        surface or underground water systems that supply these valley
        floors in (A) of subsection (b)(5) of this section:

      Provided, That this paragraph (5) shall not affect those surface
      coal mining operations which in the year preceding August 3,
      1977, (I) produced coal in commercial quantities, and were
      located within or adjacent to alluvial valley floors or (II) had
      obtained specific permit approval by the State regulatory
      authority to conduct surface coal mining operations within said
      alluvial valley floors.

    With respect to such surface mining operations which would have
    been within the purview of the foregoing proviso but for the fact
    that no coal was so produced in commercial quantities and no such
    specific permit approval was so received, the Secretary, if he
    determines that substantial financial and legal commitments were
    made by an operator prior to January 1, 1977, in connection with
    any such operation, is authorized, in accordance with such
    regulations as the Secretary may prescribe, to enter into an
    agreement with that operator pursuant to which the Secretary may,
    notwithstanding any other provision of law, lease other Federal
    coal deposits to such operator in exchange for the relinquishment
    by such operator of his Federal lease covering coal deposits
    involving such mining operations, or pursuant to section 1716 of
    title 43, convey to the fee holder of any such coal deposits
    involving such mining operations the fee title to other available
    Federal coal deposits in exchange for the fee title to such
    deposits so involving such mining operations. It is the policy of
    the Congress that the Secretary shall develop and carry out a coal
    exchange program to acquire private fee coal precluded from being
    mined by the restrictions of this paragraph (5) in exchange for
    Federal coal which is not so precluded. Such exchanges shall be
    made under section 1716 of title 43;
        (6) in cases where the private mineral estate has been severed
      from the private surface estate, the applicant has submitted to
      the regulatory authority - 
          (A) the written consent of the surface owner to the
        extraction of coal by surface mining methods; or
          (B) a conveyance that expressly grants or reserves the right
        to extract the coal by surface mining methods; or
          (C) if the conveyance does not expressly grant the right to
        extract coal by surface mining methods, the surface-subsurface
        legal relationship shall be determined in accordance with State
        law: Provided, That nothing in this chapter shall be construed
        to authorize the regulatory authority to adjudicate property
        rights disputes.
    (c) Schedule of violations
      The applicant shall file with his permit application a schedule
    listing any and all notices of violations of this chapter and any
    law, rule, or regulation of the United States, or of any department
    or agency in the United States pertaining to air or water
    environmental protection incurred by the applicant in connection
    with any surface coal mining operation during the three-year period
    prior to the date of application. The schedule shall also indicate
    the final resolution of any such notice of violation. Where the
    schedule or other information available to the regulatory authority
    indicates that any surface coal mining operation owned or
    controlled by the applicant is currently in violation of this
    chapter or such other laws referred to (!1) this subsection, the
    permit shall not be issued until the applicant submits proof that
    such violation has been corrected or is in the process of being
    corrected to the satisfaction of the regulatory authority,
    department, or agency which has jurisdiction over such violation
    and no permit shall be issued to an applicant after a finding by
    the regulatory authority, after opportunity for hearing, that the
    applicant, or the operator specified in the application, controls
    or has controlled mining operations with a demonstrated pattern of
    willful violations of this chapter of such nature and duration with
    such resulting irreparable damage to the environment as to indicate
    an intent not to comply with the provisions of this chapter.

    (d) Prime farmland mining permit
      (1) In addition to finding the application in compliance with
    subsection (b) of this section, if the area proposed to be mined
    contains prime farmland pursuant to section 1257(b)(16) of this
    title, the regulatory authority shall, after consultation with the
    Secretary of Agriculture, and pursuant to regulations issued
    hereunder by the Secretary of (!2) Interior with the concurrence of
    the Secretary of Agriculture, grant a permit to mine on prime
    farmland if the regulatory authority finds in writing that the
    operator has the technological capability to restore such mined
    area, within a reasonable time, to equivalent or higher levels of
    yield as non-mined prime farmland in the surrounding area under
    equivalent levels of management and can meet the soil
    reconstruction standards in section 1265(b)(7) of this title.
    Except for compliance with subsection (b) of this section, the
    requirements of this paragraph (1) shall apply to all permits
    issued after August 3, 1977.

      (2) Nothing in this subsection shall apply to any permit issued
    prior to August 3, 1977, or to any revisions or renewals thereof,
    or to any existing surface mining operations for which a permit was
    issued prior to August 3, 1977.
    (e) Modification of prohibition
      After October 24, 1992, the prohibition of subsection (c) of this
    section shall not apply to a permit application due to any
    violation resulting from an unanticipated event or condition at a
    surface coal mining operation on lands eligible for remining under
    a permit held by the person making such application. As used in
    this subsection, the term "violation" has the same meaning as such
    term has under subsection (c) of this section.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 510, Aug. 3, 1977, 91 Stat. 480; Pub.
    L. 102-486, title XXV, Sec. 2503(a), Oct. 24, 1992, 106 Stat. 3102;
    Pub. L. 109-432, div. C, title II, Sec. 208, Dec. 20, 2006, 120
    Stat. 3019.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (e). Pub. L. 109-432 struck out at end "The
    authority of this subsection and section 1265(b)(20)(B) of this
    title shall terminate on September 30, 2004."
      1992 - Subsec. (e). Pub. L. 102-486 added subsec. (e).

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "in".

    (!2) So in original. Probably should be "of the".


-End-



-CITE-
    30 USC Sec. 1261                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1261. Revision of permits

-STATUTE-
    (a) Application and revised reclamation plan; requirements;
      extensions to area covered
      (1) During the term of the permit the permittee may submit an
    application for a revision of the permit, together with a revised
    reclamation plan, to the regulatory authority.
      (2) An application for a revision of a permit shall not be
    approved unless the regulatory authority finds that reclamation as
    required by this chapter and the State or Federal program can be
    accomplished under the revised reclamation plan. The revision shall
    be approved or disapproved within a period of time established by
    the State or Federal program. The regulatory authority shall
    establish guidelines for a determination of the scale or extent of
    a revision request for which all permit application information
    requirements and procedures, including notice and hearings, shall
    apply: Provided, That any revisions which propose significant
    alterations in the reclamation plan shall, at a minimum, be subject
    to notice and hearing requirements.
      (3) Any extensions to the area covered by the permit except
    incidental boundary revisions must be made by application for
    another permit.
    (b) Transfer, assignment, or sale of rights under permit
      No transfer, assignment, or sale of the rights granted under any
    permit issued pursuant to this chapter shall be made without the
    written approval of the regulatory authority.
    (c) Review of outstanding permits
      The regulatory authority shall within a time limit prescribed in
    regulations promulgated by the regulatory authority, review
    outstanding permits and may require reasonable revision or
    modification of the permit provisions during the term of such
    permit: Provided, That such revision or modification shall be based
    upon a written finding and subject to notice and hearing
    requirements established by the State or Federal program.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 511, Aug. 3, 1977, 91 Stat. 483.)

-End-



-CITE-
    30 USC Sec. 1262                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1262. Coal exploration permits

-STATUTE-
    (a) Regulations; contents
      Each State or Federal program shall include a requirement that
    coal exploration operations which substantially disturb the natural
    land surface be conducted in accordance with exploration
    regulations issued by the regulatory authority. Such regulations
    shall include, at a minimum (1) the requirement that prior to
    conducting any exploration under this section, any person must file
    with the regulatory authority notice of intention to explore and
    such notice shall include a description of the exploration area and
    the period of supposed exploration and (2) provisions for
    reclamation in accordance with the performance standards in section
    1265 of this title of all lands disturbed in exploration, including
    excavations, roads, drill holes, and the removal of necessary
    facilities and equipment.
    (b) Confidential information
      Information submitted to the regulatory authority pursuant to
    this subsection as confidential concerning trade secrets or
    privileged commercial or financial information which relates to the
    competitive rights of the person or entity intended to explore the
    described area shall not be available for public examination.
    (c) Penalties
      Any person who conducts any coal exploration activities which
    substantially disturb the natural land surface in violation of this
    section or regulations issued pursuant thereto shall be subject to
    the provisions of section 1268 of this title.
    (d) Limitation on removal of coal
      No operator shall remove more than two hundred and fifty tons of
    coal pursuant to an exploration permit without the specific written
    approval of the regulatory authority.
    (e) Law governing exploration of Federal lands
      Coal exploration on Federal lands shall be governed by section 4
    of the Federal Coal Leasing Amendments Act of 1975 (90 Stat. 1085).

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 512, Aug. 3, 1977, 91 Stat. 483.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4 of the Federal Coal Leasing Amendments Act of 1975 (90
    Stat. 1085), referred to in subsec. (e), is section 4 of Pub. L. 94-
    377, Aug. 4, 1976, 90 Stat. 1085, redesignated the Federal Coal
    Leasing Amendments Act of 1976, which amended section 201(b) of
    this title.

-End-



-CITE-
    30 USC Sec. 1263                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1263. Public notice and public hearings

-STATUTE-
    (a) Submittal of advertisement to regulatory authority;
      notification of local governmental bodies
      At the time of submission of an application for a surface coal
    mining and reclamation permit, or revision of an existing permit,
    pursuant to the provisions of this chapter or an approved State
    program, the applicant shall submit to the regulatory authority a
    copy of his advertisement of the ownership, precise location, and
    boundaries of the land to be affected. At the time of submission
    such advertisement shall be placed by the applicant in a local
    newspaper of general circulation in the locality of the proposed
    surface mine at least once a week for four consecutive weeks. The
    regulatory authority shall notify various local governmental
    bodies, planning agencies, and sewage and water treatment
    authorities, of (!1) water companies in the locality in which the
    proposed surface mining will take place, notifying them of the
    operator's intention to surface mine a particularly described tract
    of land and indicating the application's permit number and where a
    copy of the proposed mining and reclamation plan may be inspected.
    These local bodies, agencies, authorities, or companies may submit
    written comments within a reasonable period established by the
    regulatory authority on the mining applications with respect to the
    effect of the proposed operation on the environment which are
    within their area of responsibility. Such comments shall
    immediately be transmitted to the applicant by the regulatory
    authority and shall be made available to the public at the same
    locations as are the mining applications.

    (b) Objections to permit applications; informal conference; record
      Any person having an interest which is or may be adversely
    affected or the officer or head of any Federal, State, or local
    governmental agency or authority shall have the right to file
    written objections to the proposed initial or revised application
    for a permit for surface coal mining and reclamation operation with
    the regulatory authority within thirty days after the last
    publication of the above notice. Such objections shall immediately
    be transmitted to the applicant by the regulatory authority and
    shall be made available to the public. If written objections are
    filed and an informal conference requested, the regulatory
    authority shall then hold an informal conference in the locality of
    the proposed mining, if requested within a reasonable time of the
    receipt of such objections or request. The date, time and location
    of such informal conference shall be advertised by the regulatory
    authority in a newspaper of general circulation in the locality at
    least two weeks prior to the scheduled conference date. The
    regulatory authority may arrange with the applicant upon request by
    any party to the administrative proceeding access to the proposed
    mining area for the purpose of gathering information relevant to
    the proceeding. An electronic or stenographic record shall be made
    of the conference proceeding, unless waived by all parties. Such
    record shall be maintained and shall be accessible to the parties
    until final release of the applicant's performance bond. In the
    event all parties requesting the informal conference stipulate
    agreement prior to the requested informal conference and withdraw
    their request, such informal conference need not be held.
    (c) Prior Federal coal lease hearing as evidence
      Where the lands included in an application for a permit are the
    subject of a Federal coal lease in connection with which hearings
    were held and determinations were made under section 201(a)(3)(A),
    (B) and (C) of this title, such hearings shall be deemed as to the
    matters covered to satisfy the requirements of this section and
    section 1264 of this title and such determinations shall be deemed
    to be a part of the record and conclusive for purposes of sections
    1260, 1264 of this title and this section.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 513, Aug. 3, 1977, 91 Stat. 484.)

-FOOTNOTE-
    (!1) So in original. Probably should be "or".


-End-



-CITE-
    30 USC Sec. 1264                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1264. Decisions of regulatory authority and appeals

-STATUTE-
    (a) Issuance of findings within 60 days after informal conference
      If an informal conference has been held pursuant to section
    1263(b) of this title, the regulatory authority shall issue and
    furnish the applicant for a permit and persons who are parties to
    the administrative proceedings with the written finding of the
    regulatory authority, granting or denying the permit in whole or in
    part and stating the reasons therefor, within the sixty days of
    said hearings.
    (b) Decision without informal conference; notification within a
      reasonable time
      If there has been no informal conference held pursuant to section
    1263(b) of this title, the regulatory authority shall notify the
    applicant for a permit within a reasonable time as determined by
    the regulatory authority and set forth in regulations, taking into
    account the time needed for proper investigation of the site, the
    complexity of the permit application, and whether or not written
    objection to the application has been filed, whether the
    application has been approved or disapproved in whole or part.
    (c) Request for rehearing on reasons for final determination; time;
      issuance of decision
      If the application is approved, the permit shall be issued. If
    the application is disapproved, specific reasons therefor must be
    set forth in the notification. Within thirty days after the
    applicant is notified of the final decision of the regulatory
    authority on the permit application, the applicant or any person
    with an interest which is or may be adversely affected may request
    a hearing on the reasons for the final determination. The
    regulatory authority shall hold a hearing within thirty days of
    such request and provide notification to all interested parties at
    the time that the applicant is so notified. If the Secretary is the
    regulatory authority the hearing shall be of record and governed by
    section 554 of title 5. Where the regulatory authority is the
    State, such hearing shall be of record, adjudicatory in nature and
    no person who presided at a conference under section 1263(b) of
    this title shall either preside at the hearing or participate in
    this decision thereon or in any administrative appeal therefrom.
    Within thirty days after the hearing the regulatory authority shall
    issue and furnish the applicant, and all persons who participated
    in the hearing, with the written decision of the regulatory
    authority granting or denying the permit in whole or in part and
    stating the reasons therefor.
    (d) Temporary relief
      Where a hearing is requested pursuant to subsection (c) of this
    section, the Secretary, where the Secretary is the regulatory
    authority, or the State hearing authority may, under such
    conditions as it may prescribe, grant such temporary relief as it
    deems appropriate pending final determination of the proceedings if
    - 
        (1) all parties to the proceedings have been notified and given
      an opportunity to be heard on a request for temporary relief;
        (2) the person requesting such relief shows that there is a
      substantial likelihood that he will prevail on the merits of the
      final determination of the proceeding; and
        (3) such relief will not adversely affect the public health or
      safety or cause significant imminent environmental harm to land,
      air, or water resources.
    (e) Power of regulatory authority with respect to rehearing
      For the purpose of such hearing, the regulatory authority may
    administer oaths, subpoena witnesses, or written or printed
    materials, compel attendance of the witness, or production of the
    materials, and take evidence including but not limited to site
    inspections of the land to be affected and other surface coal
    mining operations carried on by the applicant in the general
    vicinity of the proposed operation. A verbatim record of each
    public hearing required by this chapter shall be made, and a
    transcript made available on the motion of any party or by order of
    the regulatory authority.
    (f) Right to appeal in accordance with section 1276 of this title
      Any applicant or any person with an interest which is or may be
    adversely affected who has participated in the administrative
    proceedings as an objector, and who is aggrieved by the decision of
    the regulatory authority, or if the regulatory authority fails to
    act within the time limits specified in this chapter shall have the
    right to appeal in accordance with section 1276 of this title.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 514, Aug. 3, 1977, 91 Stat. 485.)

-End-



-CITE-
    30 USC Sec. 1265                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1265. Environmental protection performance standards

-STATUTE-
    (a) Permit requirement
      Any permit issued under any approved State or Federal program
    pursuant to this chapter to conduct surface coal mining operations
    shall require that such surface coal mining operations will meet
    all applicable performance standards of this chapter, and such
    other requirements as the regulatory authority shall promulgate.
    (b) General standards
      General performance standards shall be applicable to all surface
    coal mining and reclamation operations and shall require the
    operation as a minimum to - 
        (1) conduct surface coal mining operations so as to maximize
      the utilization and conservation of the solid fuel resource being
      recovered so that reaffecting the land in the future through
      surface coal mining can be minimized;
        (2) restore the land affected to a condition capable of
      supporting the uses which it was capable of supporting prior to
      any mining, or higher or better uses of which there is reasonable
      likelihood, so long as such use or uses do not present any actual
      or probable hazard to public health or safety or pose any actual
      or probable threat of water diminution or pollution, and the
      permit applicants' declared proposed land use following
      reclamation is not deemed to be impractical or unreasonable,
      inconsistent with applicable land use policies and plans,
      involves unreasonable delay in implementation, or is violative of
      Federal, State, or local law;
        (3) except as provided in subsection (c) of this section with
      respect to all surface coal mining operations backfill, compact
      (where advisable to insure stability or to prevent leaching of
      toxic materials), and grade in order to restore the approximate
      original contour of the land with all highwalls, spoil piles, and
      depressions eliminated (unless small depressions are needed in
      order to retain moisture to assist revegetation or as otherwise
      authorized pursuant to this chapter): Provided, however, That in
      surface coal mining which is carried out at the same location
      over a substantial period of time where the operation transects
      the coal deposit, and the thickness of the coal deposits relative
      to the volume of the overburden is large and where the operator
      demonstrates that the overburden and other spoil and waste
      materials at a particular point in the permit area or otherwise
      available from the entire permit area is insufficient, giving due
      consideration to volumetric expansion, to restore the approximate
      original contour, the operator, at a minimum, shall backfill,
      grade, and compact (where advisable) using all available
      overburden and other spoil and waste materials to attain the
      lowest practicable grade but not more than the angle of repose,
      to provide adequate drainage and to cover all acid-forming and
      other toxic materials, in order to achieve an ecologically sound
      land use compatible with the surrounding region: And provided
      further, That in surface coal mining where the volume of
      overburden is large relative to the thickness of the coal deposit
      and where the operator demonstrates that due to volumetric
      expansion the amount of overburden and other spoil and waste
      materials removed in the course of the mining operation is more
      than sufficient to restore the approximate original contour, the
      operator shall after restoring the approximate contour, backfill,
      grade, and compact (where advisable) the excess overburden and
      other spoil and waste materials to attain the lowest grade but
      not more than the angle of repose, and to cover all acid-forming
      and other toxic materials, in order to achieve an ecologically
      sound land use compatible with the surrounding region and that
      such overburden or spoil shall be shaped and graded in such a way
      as to prevent slides, erosion, and water pollution and is
      revegetated in accordance with the requirements of this chapter;
        (4) stabilize and protect all surface areas including spoil
      piles affected by the surface coal mining and reclamation
      operation to effectively control erosion and attendant air and
      water pollution;
        (5) remove the topsoil from the land in a separate layer,
      replace it on the backfill area, or if not utilized immediately,
      segregate it in a separate pile from other spoil and when the
      topsoil is not replaced on a backfill area within a time short
      enough to avoid deterioration of the topsoil, maintain a
      successful cover by quick growing plant or other means thereafter
      so that the topsoil is preserved from wind and water erosion,
      remains free of any contamination by other acid or toxic
      material, and is in a usable condition for sustaining vegetation
      when restored during reclamation, except if topsoil is of
      insufficient quantity or of poor quality for sustaining
      vegetation, or if other strata can be shown to be more suitable
      for vegetation requirements, then the operator shall remove,
      segregate, and preserve in a like manner such other strata which
      is best able to support vegetation;
        (6) restore the topsoil or the best available subsoil which is
      best able to support vegetation;
        (7) for all prime farm lands as identified in section
      1257(b)(16) of this title to be mined and reclaimed,
      specifications for soil removal, storage, replacement, and
      reconstruction shall be established by the Secretary of
      Agriculture, and the operator shall, as a minimum, be required to
      - 
          (A) segregate the A horizon of the natural soil, except where
        it can be shown that other available soil materials will create
        a final soil having a greater productive capacity; and if not
        utilized immediately, stockpile this material separately from
        other spoil, and provide needed protection from wind and water
        erosion or contamination by other acid or toxic material;
          (B) segregate the B horizon of the natural soil, or
        underlying C horizons or other strata, or a combination of such
        horizons or other strata that are shown to be both texturally
        and chemically suitable for plant growth and that can be shown
        to be equally or more favorable for plant growth than the B
        horizon, in sufficient quantities to create in the regraded
        final soil a root zone of comparable depth and quality to that
        which existed in the natural soil; and if not utilized
        immediately, stockpile this material separately from other
        spoil, and provide needed protection from wind and water
        erosion or contamination by other acid or toxic material;
          (C) replace and regrade the root zone material described in
        (B) above with proper compaction and uniform depth over the
        regraded spoil material; and
          (D) redistribute and grade in a uniform manner the surface
        soil horizon described in subparagraph (A);

        (8) create, if authorized in the approved mining and
      reclamation plan and permit, permanent impoundments of water on
      mining sites as part of reclamation activities only when it is
      adequately demonstrated that - 
          (A) the size of the impoundment is adequate for its intended
        purposes;
          (B) the impoundment dam construction will be so designed as
        to achieve necessary stability with an adequate margin of
        safety compatible with that of structures constructed under
        Public Law 83-566 (16 U.S.C. 1006);
          (C) the quality of impounded water will be suitable on a
        permanent basis for its intended use and that discharges from
        the impoundment will not degrade the water quality below water
        quality standards established pursuant to applicable Federal
        and State law in the receiving stream;
          (D) the level of water will be reasonably stable;
          (E) final grading will provide adequate safety and access for
        proposed water users; and
          (F) such water impoundments will not result in the diminution
        of the quality or quantity of water utilized by adjacent or
        surrounding landowners for agricultural, industrial (!1)
        recreational, or domestic uses;


        (9) conducting (!2) any augering operation associated with
      surface mining in a manner to maximize recoverability of mineral
      reserves remaining after the operation and reclamation are
      complete; and seal all auger holes with an impervious and
      noncombustible material in order to prevent drainage except where
      the regulatory authority determines that the resulting
      impoundment of water in such auger holes may create a hazard to
      the environment or the public health or safety: Provided, That
      the permitting authority may prohibit augering if necessary to
      maximize the utilization, recoverability or conservation of the
      solid fuel resources or to protect against adverse water quality
      impacts;

        (10) minimize the disturbances to the prevailing hydrologic
      balance at the mine-site and in associated offsite areas and to
      the quality and quantity of water in surface and ground water
      systems both during and after surface coal mining operations and
      during reclamation by - 
          (A) avoiding acid or other toxic mine drainage by such
        measures as, but not limited to - 
            (i) preventing or removing water from contact with toxic
          producing deposits;
            (ii) treating drainage to reduce toxic content which
          adversely affects downstream water upon being released to
          water courses;
            (iii) casing, sealing, or otherwise managing boreholes,
          shafts, and wells and keep (!3) acid or other toxic drainage
          from entering ground and surface waters;


          (B)(i) conducting surface coal mining operations so as to
        prevent, to the extent possible using the best technology
        currently available, additional contributions of suspended
        solids to streamflow, or runoff outside the permit area, but in
        no event shall contributions be in excess of requirements set
        by applicable State or Federal law;
          (ii) constructing any siltation structures pursuant to
        subparagraph (B)(i) of this subsection prior to commencement of
        surface coal mining operations, such structures to be certified
        by a qualified registered engineer or a qualified registered
        professional land surveyor in any State which authorizes land
        surveyors to prepare and certify such maps or plans to be
        constructed as designed and as approved in the reclamation
        plan;
          (C) cleaning out and removing temporary or large settling
        ponds or other siltation structures from drainways after
        disturbed areas are revegetated and stabilized; and depositing
        the silt and debris at a site and in a manner approved by the
        regulatory authority;
          (D) restoring recharge capacity of the mined area to
        approximate premining conditions;
          (E) avoiding channel deepening or enlargement in operations
        requiring the discharge of water from mines;
          (F) preserving throughout the mining and reclamation process
        the essential hydrologic functions of alluvial valley floors in
        the arid and semiarid areas of the country; and
          (G) such other actions as the regulatory authority may
        prescribe;

        (11) with respect to surface disposal of mine wastes, tailings,
      coal processing wastes, and other wastes in areas other than the
      mine working or excavations, stabilize all waste piles in
      designated areas through construction in compacted layers
      including the use of incombustible and impervious materials if
      necessary and assure the final contour of the waste pile will be
      compatible with natural surroundings and that the site can and
      will be stabilized and revegetated according to the provisions of
      this chapter;
        (12) refrain from surface coal mining within five hundred feet
      from active and abandoned underground mines in order to prevent
      breakthroughs and to protect health or safety of miners:
      Provided, That the regulatory authority shall permit an operator
      to mine near, through or partially through an abandoned
      underground mine or closer to an active underground mine if (A)
      the nature, timing, and sequencing of the approximate coincidence
      of specific surface mine activities with specific underground
      mine activities are jointly approved by the regulatory
      authorities concerned with surface mine regulation and the health
      and safety of underground miners, and (B) such operations will
      result in improved resource recovery, abatement of water
      pollution, or elimination of hazards to the health and safety of
      the public;
        (13) design, locate, construct, operate, maintain, enlarge,
      modify, and remove or abandon, in accordance with the standards
      and criteria developed pursuant to subsection (f) of this
      section, all existing and new coal mine waste piles consisting of
      mine wastes, tailings, coal processing wastes, or other liquid
      and solid wastes, and used either temporarily or permanently as
      dams or embankments;
        (14) insure that all debris, acid-forming materials, toxic
      materials, or materials constituting a fire hazard are treated or
      buried and compacted or otherwise disposed of in a manner
      designed to prevent contamination of ground or surface waters and
      that contingency plans are developed to prevent sustained
      combustion;
        (15) insure that explosives are used only in accordance with
      existing State and Federal law and the regulations promulgated by
      the regulatory authority, which shall include provisions to - 
          (A) provide adequate advance written notice to local
        governments and residents who might be affected by the use of
        such explosives by publication of the planned blasting schedule
        in a newspaper of general circulation in the locality and by
        mailing a copy of the proposed blasting schedule to every
        resident living within one-half mile of the proposed blasting
        site and by providing daily notice to resident/occupiers in
        such areas prior to any blasting;
          (B) maintain for a period of at least three years and make
        available for public inspection upon request a log detailing
        the location of the blasts, the pattern and depth of the drill
        holes, the amount of explosives used per hole, and the order
        and length of delay in the blasts;
          (C) limit the type of explosives and detonating equipment,
        the size, the timing and frequency of blasts based upon the
        physical conditions of the site so as to prevent (i) injury to
        persons, (ii) damage to public and private property outside the
        permit area, (iii) adverse impacts on any underground mine, and
        (iv) change in the course, channel, or availability of ground
        or surface water outside the permit area;
          (D) require that all blasting operations be conducted by
        trained and competent persons as certified by the regulatory
        authority;
          (E) provide that upon the request of a resident or owner of a
        man-made dwelling or structure within one-half mile of any
        portion of the permitted area the applicant or permittee shall
        conduct a pre-blasting survey of such structures and submit the
        survey to the regulatory authority and a copy to the resident
        or owner making the request. The area of the survey shall be
        decided by the regulatory authority and shall include such
        provisions as the Secretary shall promulgate.

        (16) insure that all reclamation efforts proceed in an
      environmentally sound manner and as contemporaneously as
      practicable with the surface coal mining operations: Provided,
      however, That where the applicant proposes to combine surface
      mining operations with underground mining operations to assure
      maximum practical recovery of the mineral resources, the
      regulatory authority may grant a variance for specific areas
      within the reclamation plan from the requirement that reclamation
      efforts proceed as contemporaneously as practicable to permit
      underground mining operations prior to reclamation:
          (A) if the regulatory authority finds in writing that:
            (i) the applicant has presented, as part of the permit
          application, specific, feasible plans for the proposed
          underground mining operations;
            (ii) the proposed underground mining operations are
          necessary or desirable to assure maximum practical recovery
          of the mineral resource and will avoid multiple disturbance
          of the surface;
            (iii) the applicant has satisfactorily demonstrated that
          the plan for the underground mining operations conforms to
          requirements for underground mining in the jurisdiction and
          that permits necessary for the underground mining operations
          have been issued by the appropriate authority;
            (iv) the areas proposed for the variance have been shown by
          the applicant to be necessary for the implementing of the
          proposed underground mining operations;
            (v) no substantial adverse environmental damage, either on-
          site or off-site, will result from the delay in completion
          of reclamation as required by this chapter;
            (vi) provisions for the off-site storage of spoil will
          comply with paragraph (22);

          (B) if the Secretary has promulgated specific regulations to
        govern the granting of such variances in accordance with the
        provisions of this subsection and section 1251 of this title,
        and has imposed such additional requirements as he deems
        necessary;
          (C) if variances granted under the provisions of this
        subsection are to be reviewed by the regulatory authority not
        more than three years from the date of issuance of the permit;
        and
          (D) if liability under the bond filed by the applicant with
        the regulatory authority pursuant to section 1259(b) of this
        title shall be for the duration of the underground mining
        operations and until the requirements of this subsection and
        section 1269 of this title have been fully complied with.(!4)


        (17) insure that the construction, maintenance, and postmining
      conditions of access roads into and across the site of operations
      will control or prevent erosion and siltation, pollution of
      water, damage to fish or wildlife or their habitat, or public or
      private property;
        (18) refrain from the construction of roads or other access
      ways up a stream bed or drainage channel or in such proximity to
      such channel so as to seriously alter the normal flow of water;
        (19) establish on the regraded areas, and all other lands
      affected, a diverse, effective, and permanent vegetative cover of
      the same seasonal variety native to the area of land to be
      affected and capable of self-regeneration and plant succession at
      least equal in extent of cover to the natural vegetation of the
      area; except, that introduced species may be used in the
      revegetation process where desirable and necessary to achieve the
      approved postmining land use plan;
        (20)(A) assume the responsibility for successful revegetation,
      as required by paragraph (19) above, for a period of five full
      years after the last year of augmented seeding, fertilizing,
      irrigation, or other work in order to assure compliance with
      paragraph (19) above, except in those areas or regions of the
      country where the annual average precipitation is twenty-six
      inches or less, then the operator's assumption of responsibility
      and liability will extend for a period of ten full years after
      the last year of augmented seeding, fertilizing, irrigation, or
      other work: Provided, That when the regulatory authority approves
      a long-term intensive agricultural postmining land use, the
      applicable five- or ten-year period of responsibility for
      revegetation shall commence at the date of initial planting for
      such long-term intensive agricultural postmining land use:
      Provided further, That when the regulatory authority issues a
      written finding approving a long-term, intensive, agricultural
      postmining land use as part of the mining and reclamation plan,
      the authority may grant exception to the provisions of paragraph
      (19) above;
        (B) on lands eligible for remining assume the responsibility
      for successful revegetation for a period of two full years after
      the last year of augmented seeding, fertilizing, irrigation, or
      other work in order to assure compliance with the applicable
      standards, except in those areas or regions of the country where
      the annual average precipitation is twenty-six inches or less,
      then the operator's assumption of responsibility and liability
      will be extended for a period of five full years after the last
      year of augmented seeding, fertilizing, irrigation, or other work
      in order to assure compliance with the applicable standards.(!5)

        (21) protect offsite areas from slides or damage occurring
      during the surface coal mining and reclamation operations, and
      not deposit spoil material or locate any part of the operations
      or waste accumulations outside the permit area;
        (22) place all excess spoil material resulting from coal
      surface mining and reclamation activities in such a manner that -
      
          (A) spoil is transported and placed in a controlled manner in
        position for concurrent compaction and in such a way to assure
        mass stability and to prevent mass movement;
          (B) the areas of disposal are within the bonded permit areas
        and all organic matter shall be removed immediately prior to
        spoil placement;
          (C) appropriate surface and internal drainage systems and
        diversion ditches are used so as to prevent spoil erosion and
        movement;
          (D) the disposal area does not contain springs, natural water
        courses or wet weather seeps unless lateral drains are
        constructed from the wet areas to the main underdrains in such
        a manner that filtration of the water into the spoil pile will
        be prevented;
          (E) if placed on a slope, the spoil is placed upon the most
        moderate slope among those upon which, in the judgment of the
        regulatory authority, the spoil could be placed in compliance
        with all the requirements of this chapter, and shall be placed,
        where possible, upon, or above, a natural terrace, bench, or
        berm, if such placement provides additional stability and
        prevents mass movement;
          (F) where the toe of the spoil rests on a downslope, a rock
        toe buttress, of sufficient size to prevent mass movement, is
        constructed;
          (G) the final configuration is compatible with the natural
        drainage pattern and surroundings and suitable for intended
        uses;
          (H) design of the spoil disposal area is certified by a
        qualified registered professional engineer in conformance with
        professional standards; and
          (I) all other provisions of this chapter are met.(!6)


        (23) meet such other criteria as are necessary to achieve
      reclamation in accordance with the purposes of this chapter,
      taking into consideration the physical, climatological, and other
      characteristics of the site; and (!7)

        (24) to the extent possible using the best technology currently
      available, minimize disturbances and adverse impacts of the
      operation on fish, wildlife, and related environmental values,
      and achieve enhancement of such resources where practicable;
        (25) provide for an undisturbed natural barrier beginning at
      the elevation of the lowest coal seam to be mined and extending
      from the outslope for such distance as the regulatory authority
      shall determine shall be retained in place as a barrier to slides
      and erosion.
    (c) Procedures; exception to original contour restoration
      requirements
      (1) Each State program may and each Federal program shall include
    procedures pursuant to which the regulatory authority may permit
    surface mining operations for the purposes set forth in paragraph
    (3) of this subsection.
      (2) Where an applicant meets the requirements of paragraphs (3)
    and (4) of this subsection a permit without regard to the
    requirement to restore to approximate original contour set forth in
    subsection (b)(3) or (d)(2) and (3) of this section may be granted
    for the surface mining of coal where the mining operation will
    remove an entire coal seam or seams running through the upper
    fraction of a mountain, ridge, or hill (except as provided in
    subsection (c)(4)(A) hereof) by removing all of the overburden and
    creating a level plateau or a gently rolling contour with no
    highwalls remaining, and capable of supporting postmining uses in
    accord with the requirements of this subsection.
      (3) In cases where an industrial, commercial, agricultural,
    residential or public facility (including recreational facilities)
    use is proposed or (!8) the postmining use of the affected land,
    the regulatory authority may grant a permit for a surface mining
    operation of the nature described in subsection (c)(2) of this
    section where - 

        (A) after consultation with the appropriate land use planning
      agencies, if any, the proposed postmining land use is deemed to
      constitute an equal or better economic or public use of the
      affected land, as compared with premining use;
        (B) the applicant presents specific plans for the proposed
      postmining land use and appropriate assurances that such use will
      be - 
          (i) compatible with adjacent land uses;
          (ii) obtainable according to data regarding expected need and
        market;
          (iii) assured of investment in necessary public facilities;
          (iv) supported by commitments from public agencies where
        appropriate;
          (v) practicable with respect to private financial capability
        for completion of the proposed use;
          (vi) planned pursuant to a schedule attached to the
        reclamation plan so as to integrate the mining operation and
        reclamation with the postmining land use; and
          (vii) designed by a registered engineer in conformance with
        professional standards established to assure the stability,
        drainage, and configuration necessary for the intended use of
        the site;

        (C) the proposed use would be consistent with adjacent land
      uses, and existing State and local land use plans and programs;
        (D) the regulatory authority provides the governing body of the
      unit of general-purpose government in which the land is located
      and any State or Federal agency which the regulatory agency, in
      its discretion, determines to have an interest in the proposed
      use, an opportunity of not more than sixty days to review and
      comment on the proposed use;
        (E) all other requirements of this chapter will be met.

      (4) In granting any permit pursuant to this subsection the
    regulatory authority shall require that - 
        (A) the toe of the lowest coal seam and the overburden
      associated with it are retained in place as a barrier to slides
      and erosion;
        (B) the reclaimed area is stable;
        (C) the resulting plateau or rolling contour drains inward from
      the outslopes except at specified points;
        (D) no damage will be done to natural watercourses;
        (E) spoil will be placed on the mountaintop bench as is
      necessary to achieve the planned postmining land use: Provided,
      That all excess spoil material not retained on the mountaintop
      shall be placed in accordance with the provisions of subsection
      (b)(22) of this section;
        (F) insure stability of the spoil retained on the mountaintop
      and meet the other requirements of this chapter; (!9)


      (5) The regulatory authority shall promulgate specific
    regulations to govern the granting of permits in accord with the
    provisions of this subsection, and may impose such additional
    requirements as he deems to be necessary.
      (6) All permits granted under the provisions of this subsection
    shall be reviewed not more than three years from the date of
    issuance of the permit, unless the applicant affirmatively
    demonstrates that the proposed development is proceeding in
    accordance with the terms of the approved schedule and reclamation
    plan.
    (d) Steep-slope surface coal mining standards
      The following performance standards shall be applicable to steep-
    slope surface coal mining and shall be in addition to those
    general performance standards required by this section: Provided,
    however, That the provisions of this subsection (d) shall not apply
    to those situations in which an operator is mining on flat or
    gently rolling terrain, on which an occasional steep slope is
    encountered through which the mining operation is to proceed,
    leaving a plain or predominantly flat area or where an operator is
    in compliance with provisions of subsection (c) hereof:
      (1) Insure that when performing surface coal mining on steep
    slopes, no debris, abandoned or disabled equipment, spoil material,
    or waste mineral matter be placed on the downslope below the bench
    or mining cut: Provided, That spoil material in excess of that
    required for the reconstruction of the approximate original contour
    under the provisions of subsection (b)(3) or (d)(2) of this section
    shall be permanently stored pursuant to subsection (b)(22) of this
    section.
      (2) Complete backfilling with spoil material shall be required to
    cover completely the highwall and return the site to the
    appropriate original contour, which material will maintain
    stability following mining and reclamation.
      (3) The operator may not disturb land above the top of the
    highwall unless the regulatory authority finds that such
    disturbance will facilitate compliance with the environmental
    protection standards of this section: Provided, however, That the
    land disturbed above the highwall shall be limited to that amount
    necessary to facilitate said compliance.
      (4) For the purposes of this subsection (d), the term "steep
    slope" is any slope above twenty degrees or such lesser slope as
    may be defined by the regulatory authority after consideration of
    soil, climate, and other characteristics of a region or State.
    (e) Variances to original contour restoration requirements
      (1) Each State program may and each Federal program shall include
    procedures pursuant to which the regulatory authority may permit
    variances for the purposes set forth in paragraph (3) of this
    subsection, provided that the watershed control of the area is
    improved; and further provided complete backfilling with spoil
    material shall be required to cover completely the highwall which
    material will maintain stability following mining and reclamation.
      (2) Where an applicant meets the requirements of paragraphs (3)
    and (4) of this subsection a variance from the requirement to
    restore to approximate original contour set forth in subsection
    (d)(2) of this section may be granted for the surface mining of
    coal where the owner of the surface knowingly requests in writing,
    as a part of the permit application that such a variance be granted
    so as to render the land, after reclamation, suitable for an
    industrial, commercial, residential, or public use (including
    recreational facilities) in accord with the further provisions of
    (3) and (4) of this subsection.
      (3)(A) After consultation with the appropriate land use planning
    agencies, if any, the potential use of the affected land is deemed
    to constitute an equal or better economic or public use;
      (B) is designed and certified by a qualified registered
    professional engineer in conformance with professional standards
    established to assure the stability, drainage, and configuration
    necessary for the intended use of the site; and
      (C) after approval of the appropriate State environmental
    agencies, the watershed of the affected land is deemed to be
    improved.
      (4) In granting a variance pursuant to this subsection the
    regulatory authority shall require that only such amount of spoil
    will be placed off the mine bench as is necessary to achieve the
    planned postmining land use, insure stability of the spoil retained
    on the bench, meet all other requirements of this chapter, and all
    spoil placement off the mine bench must comply with subsection
    (b)(22) of this section.
      (5) The regulatory authority shall promulgate specific
    regulations to govern the granting of variances in accord with the
    provisions of this subsection, and may impose such additional
    requirements as he deems to be necessary.
      (6) All exceptions granted under the provisions of this
    subsection shall be reviewed not more than three years from the
    date of issuance of the permit, unless the permittee affirmatively
    demonstrates that the proposed development is proceeding in
    accordance with the terms of the reclamation plan.
    (f) Standards and criteria for coal mine waste piles
      The Secretary, with the written concurrence of the Chief of
    Engineers, shall establish within one hundred and thirty-five days
    from August 3, 1977, standards and criteria regulating the design,
    location, construction, operation, maintenance, enlargement,
    modification, removal, and abandonment of new and existing coal
    mine waste piles referred to in subsection (b)(13) of this section
    and section 1266(b)(5) of this title. Such standards and criteria
    shall conform to the standards and criteria used by the Chief of
    Engineers to insure that flood control structures are safe and
    effectively perform their intended function. In addition to
    engineering and other technical specifications the standards and
    criteria developed pursuant to this subsection must include
    provisions for: review and approval of plans and specifications
    prior to construction, enlargement, modification, removal, or
    abandonment; performance of periodic inspections during
    construction; issuance of certificates of approval upon completion
    of construction; performance of periodic safety inspections; and
    issuance of notices for required remedial or maintenance work.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 515, Aug. 3, 1977, 91 Stat. 486; Pub.
    L. 99-500, Sec. 101(h) [title I, Sec. 123], Oct. 18, 1986, 100
    Stat. 1783-242, 1783-267, and Pub. L. 99-591, Sec. 101(h) [title I,
    Sec. 123], Oct. 30, 1986, 100 Stat. 3341-242, 3341-267; Pub. L. 102-
    486, title XXV, Sec. 2503(b), Oct. 24, 1992, 106 Stat. 3102.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 83-566, referred to in subsec. (b)(8)(B), is act Aug.
    4, 1954, ch. 656, 68 Stat. 666, as amended, known as the Watershed
    Protection and Flood Prevention Act, which is classified generally
    to chapter 18 (Sec. 1001 et seq.) of Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1001 of Title 16 and Tables.

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b)(20). Pub. L. 102-486 designated existing
    provisions as subpar. (A) and added subpar. (B).
      1986 - Subsec. (b)(10)(B)(ii). Pub. L. 99-500 and Pub. L. 99-591
    inserted "or a qualified registered professional land surveyor in
    any State which authorizes land surveyors to prepare and certify
    such maps or plans".

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.

    (!2) So in original. Probably should be "conduct".

    (!3) So in original. Probably should be "keeping".

               

    (!4) So in original. The period probably should be a semicolon.

               

    (!5) So in original. The period probably should be a semicolon.

               

    (!6) So in original. The period probably should be a semicolon.

               

    (!7) So in original. The word "and" probably should appear at
         end of par. (24).

    (!8) So in original. Probably should be "for".

               

    (!9) So in original. The semicolon probably should be a period.


-End-



-CITE-
    30 USC Sec. 1266                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1266. Surface effects of underground coal mining operations

-STATUTE-
    (a) Rules and regulations
      The Secretary shall promulgate rules and regulations directed
    toward the surface effects of underground coal mining operations,
    embodying the following requirements and in accordance with the
    procedures established under section 1251 of this title: Provided,
    however, That in adopting any rules and regulations the Secretary
    shall consider the distinct difference between surface coal mining
    and underground coal mining. Such rules and regulations shall not
    conflict with nor supersede any provision of the Federal Coal Mine
    Health and Safety Act of 1969 [30 U.S.C. 801 et seq.] nor any
    regulation issued pursuant thereto, and shall not be promulgated
    until the Secretary has obtained the written concurrence of the
    head of the department which administers such Act.
    (b) Permit requirements
      Each permit issued under any approved State or Federal program
    pursuant to this chapter and relating to underground coal mining
    shall require the operator to - 
        (1) adopt measures consistent with known technology in order to
      prevent subsidence causing material damage to the extent
      technologically and economically feasible, maximize mine
      stability, and maintain the value and reasonably foreseeable use
      of such surface lands, except in those instances where the mining
      technology used requires planned subsidence in a predictable and
      controlled manner: Provided, That nothing in this subsection
      shall be construed to prohibit the standard method of room and
      pillar mining;
        (2) seal all portals, entryways, drifts, shafts, or other
      openings between the surface and underground mine working when no
      longer needed for the conduct of the mining operations;
        (3) fill or seal exploratory holes no longer necessary for
      mining, maximizing to the extent technologically and economically
      feasible return of mine and processing waste, tailings, and any
      other waste incident to the mining operation, to the mine
      workings or excavations;
        (4) with respect to surface disposal of mine wastes, tailings,
      coal processing wastes, and other wastes in areas other than the
      mine workings or excavations, stabilize all waste piles created
      by the permittee from current operations through construction in
      compacted layers including the use of incombustible and
      impervious materials if necessary and assure that the leachate
      will not degrade below water quality standards established
      pursuant to applicable Federal and State law surface or ground
      waters and that the final contour of the waste accumulation will
      be compatible with natural surroundings and that the site is
      stabilized and revegetated according to the provisions of this
      section;
        (5) design, locate, construct, operate, maintain, enlarge,
      modify, and remove, or abandon, in accordance with the standards
      and criteria developed pursuant to section 1265(f) of this title,
      all existing and new coal mine waste piles consisting of mine
      wastes, tailings, coal processing wastes, or other liquid and
      solid wastes and used either temporarily or permanently as dams
      or embankments;
        (6) establish on regraded areas and all other lands affected, a
      diverse and permanent vegetative cover capable of self-
      regeneration and plant succession and at least equal in extent
      of cover to the natural vegetation of the area;
        (7) protect offsite areas from damages which may result from
      such mining operations;
        (8) eliminate fire hazards and otherwise eliminate conditions
      which constitute a hazard to health and safety of the public;
        (9) minimize the disturbances of the prevailing hydrologic
      balance at the minesite and in associated offsite areas and to
      the quantity of water in surface ground water systems both during
      and after coal mining operations and during reclamation by - 
          (A) avoiding acid or other toxic mine drainage by such
        measures as, but not limited to - 
            (i) preventing or removing water from contact with toxic
          producing deposits;
            (ii) treating drainage to reduce toxic content which
          adversely affects downstream water upon being released to
          water courses;
            (iii) casing, sealing, or otherwise managing boreholes,
          shafts, and wells to keep acid or other toxic drainage from
          entering ground and surface waters; and

          (B) conducting surface coal mining operations so as to
        prevent, to the extent possible using the best technology
        currently available, additional contributions of suspended
        solids to streamflow or runoff outside the permit area (but in
        no event shall such contributions be in excess of requirements
        set by applicable State or Federal law), and avoiding channel
        deepening or enlargement in operations requiring the discharge
        of water from mines;

        (10) with respect to other surface impacts not specified in
      this subsection including the construction of new roads or the
      improvement or use of existing roads to gain access to the site
      of such activities and for haulage, repair areas, storage areas,
      processing areas, shipping areas, and other areas upon which are
      sited structures, facilities, or other property or materials on
      the surface, resulting from or incident to such activities,
      operate in accordance with the standards established under
      section 1265 of this title for such effects which result from
      surface coal mining operations: Provided, That the Secretary
      shall make such modifications in the requirements imposed by this
      paragraph as are necessary to accommodate the distinct difference
      between surface and underground coal mining;
        (11) to the extent possible using the best technology currently
      available, minimize disturbances and adverse impacts of the
      operation on fish, wildlife, and related environmental values,
      and achieve enhancement of such resources where practicable;
        (12) locate openings for all new drift mines working acid-
      producing or iron-producing coal seams in such a manner as to
      prevent a gravity discharge of water from the mine.
    (c) Suspension of underground coal mining operations in urbanized
      areas
      In order to protect the stability of the land, the regulatory
    authority shall suspend underground coal mining under urbanized
    areas, cities, towns, and communities and adjacent to industrial or
    commercial buildings, major impoundments, or permanent streams if
    he finds imminent danger to inhabitants of the urbanized areas,
    cities, towns, and communities.
    (d) Applicability of this subchapter to surface operations and
      surface impacts incident to underground coal mining operations
      The provisions of this subchapter relating to State and Federal
    programs, permits, bonds, inspections and enforcement, public
    review, and administrative and judicial review shall be applicable
    to surface operations and surface impacts incident to an
    underground coal mine with such modifications to the permit
    application requirements, permit approval or denial procedures, and
    bond requirements as are necessary to accommodate the distinct
    difference between surface and underground coal mining. The
    Secretary shall promulgate such modifications in accordance with
    the rulemaking procedure established in section 1251 of this title.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 516, Aug. 3, 1977, 91 Stat. 495.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Coal Mine Health and Safety Act of 1969, referred to
    in subsec. (a), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as
    amended, which was redesignated the Federal Mine Safety and Health
    Act of 1977 by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91
    Stat. 1290, and is classified principally to chapter 22 (Sec. 801
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 801 of this
    title and Tables.

-End-



-CITE-
    30 USC Sec. 1267                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1267. Inspections and monitoring

-STATUTE-
    (a) Inspections of surface coal mining and reclamation operations
      The Secretary shall cause to be made such inspections of any
    surface coal mining and reclamation operations as are necessary to
    evaluate the administration of approved State programs, or to
    develop or enforce any Federal program, and for such purposes
    authorized representatives of the Secretary shall have a right of
    entry to, upon, or through any surface coal mining and reclamation
    operations.
    (b) Records and reports; monitoring systems; evaluation of results
      For the purpose of developing or assisting in the development,
    administration, and enforcement of any approved State or Federal
    program under this chapter or in the administration and enforcement
    of any permit under this chapter, or of determining whether any
    person is in violation of any requirement of any such State or
    Federal program or any other requirement of this chapter - 
        (1) the regulatory authority shall require any permittee to (A)
      establish and maintain appropriate records, (B) make monthly
      reports to the regulatory authority, (C) install, use, and
      maintain any necessary monitoring equipment or methods, (D)
      evaluate results in accordance with such methods, at such
      locations, intervals, and in such manner as a regulatory
      authority shall prescribe, and (E) provide such other information
      relative to surface coal mining and reclamation operations as the
      regulatory authority deems reasonable and necessary;
        (2) for those surface coal mining and reclamation operations
      which remove or disturb strata that serve as aquifers which
      significantly insure the hydrologic balance of water use either
      on or off the mining site, the regulatory authority shall specify
      those - 
          (A) monitoring sites to record the quantity and quality of
        surface drainage above and below the minesite as well as in the
        potential zone of influence;
          (B) monitoring sites to record level, amount, and samples of
        ground water and aquifers potentially affected by the mining
        and also directly below the lowermost (deepest) coal seam to be
        mined;
          (C) records of well logs and borehole data to be maintained;
        and
          (D) monitoring sites to record precipitation.

      The monitoring data collection and analysis required by this
      section shall be conducted according to standards and procedures
      set forth by the regulatory authority in order to assure their
      reliability and validity; and
        (3) the authorized representatives of the regulatory authority,
      without advance notice and upon presentation of appropriate
      credentials (A) shall have the right of entry to, upon, or
      through any surface coal mining and reclamation operations or any
      premises in which any records required to be maintained under
      paragraph (1) of this subsection are located; and (B) may at
      reasonable times, and without delay, have access to and copy any
      records, inspect any monitoring equipment or method of operation
      required under this chapter.
    (c) Inspection intervals
      The inspections by the regulatory authority shall (1) occur on an
    irregular basis averaging not less than one partial inspection per
    month and one complete inspection per calendar quarter for the
    surface coal mining and reclamation operation covered by each
    permit; (2) occur without prior notice to the permittee or his
    agents or employees except for necessary onsite meetings with the
    permittee; and (3) include the filing of inspection reports
    adequate to enforce the requirements of and to carry out the terms
    and purposes of this chapter.
    (d) Maintenance of sign
      Each permittee shall conspicuously maintain at the entrances to
    the surface coal mining and reclamation operations a clearly
    visible sign which sets forth the name, business address, and phone
    number of the permittee and the permit number of the surface coal
    mining and reclamation operations.
    (e) Violations
      Each inspector, upon detection of each violation of any
    requirement of any State or Federal program or of this chapter,
    shall forthwith inform the operator in writing, and shall report in
    writing any such violation to the regulatory authority.
    (f) Availability of information to public
      Copies of any records, reports, inspection materials, or
    information obtained under this subchapter by the regulatory
    authority shall be made immediately available to the public at
    central and sufficient locations in the county, multicounty, and
    State area of mining so that they are conveniently available to
    residents in the areas of mining.
    (g) Conflict of interest; penalty; publication of regulations;
      report to Congress
      No employee of the State regulatory authority performing any
    function or duty under this chapter shall have a direct or indirect
    financial interest in any underground or surface coal mining
    operation. Whoever knowingly violates the provisions of this
    subsection shall, upon conviction, be punished by a fine of not
    more than $2,500, or by imprisonment of not more than one year, or
    by both. The Secretary shall (1) within sixty days after August 3,
    1977, publish in the Federal Register, in accordance with section
    553 of title 5, regulations to establish methods by which the
    provisions of this subsection will be monitored and enforced by the
    Secretary and such State regulatory authority, including
    appropriate provisions for the filing by such employees and the
    review of statements and supplements thereto concerning any
    financial interest which may be affected by this subsection, and
    (2) report to the Congress as part of the Annual Report (section
    1296 of this title) on actions taken and not taken during the
    preceding year under this subsection.
    (h) Review; procedures for inspections
      (1) Any person who is or may be adversely affected by a surface
    mining operation may notify the Secretary or any representative of
    the Secretary responsible for conducting the inspection, in
    writing, of any violation of this chapter which he has reason to
    believe exists at the surface mining site. The Secretary shall, by
    regulation, establish procedures for informal review of any refusal
    by a representative of the Secretary to issue a citation with
    respect to any such alleged violation. The Secretary shall furnish
    such persons requesting the review a written statement of the
    reasons for the Secretary's final disposition of the case.
      (2) The Secretary shall also, by regulation, establish procedures
    to insure that adequate and complete inspections are made. Any such
    person may notify the Secretary of any failure to make such
    inspections, after which the Secretary shall determine whether
    adequate and complete inspections have been made. The Secretary
    shall furnish such persons a written statement of the reasons for
    the Secretary's determination that adequate and complete
    inspections have or have not been conducted.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 517, Aug. 3, 1977, 91 Stat. 498.)


-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (g) of this section relating to requirement to report to Congress
    on actions taken and not taken under subsec. (g), see section 3003
    of Pub. L. 104-66, as amended, set out as a note under section 1113
    of Title 31, Money and Finance, and page 109 of House Document No.
    103-7.

-End-



-CITE-
    30 USC Sec. 1268                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1268. Penalties

-STATUTE-
    (a) Civil penalties for violations of permit conditions and
      provisions of this subchapter
      In the enforcement of a Federal program or Federal lands program,
    or during Federal enforcement pursuant to section 1252 of this
    title or during Federal enforcement of a State program pursuant to
    section 1271 of this title, any permittee who violates any permit
    condition or who violates any other provision of this subchapter,
    may be assessed a civil penalty by the Secretary, except that if
    such violation leads to the issuance of a cessation order under
    section 1271 of this title, the civil penalty shall be assessed.
    Such penalty shall not exceed $5,000 for each violation. Each day
    of continuing violation may be deemed a separate violation for
    purposes of penalty assessments. In determining the amount of the
    penalty, consideration shall be given to the permittee's history of
    previous violations at the particular surface coal mining
    operation; the seriousness of the violation, including any
    irreparable harm to the environment and any hazard to the health or
    safety of the public; whether the permittee was negligent; and the
    demonstrated good faith of the permittee charged in attempting to
    achieve rapid compliance after notification of the violation.
    (b) Hearing
      A civil penalty shall be assessed by the Secretary only after the
    person charged with a violation described under subsection (a) of
    this section has been given an opportunity for a public hearing.
    Where such a public hearing has been held, the Secretary shall make
    findings of fact, and he shall issue a written decision as to the
    occurrence of the violation and the amount of the penalty which is
    warranted, incorporating, when appropriate, an order therein
    requiring that the penalty be paid. When appropriate, the Secretary
    shall consolidate such hearings with other proceedings under
    section 1271 of this title. Any hearing under this section shall be
    of record and shall be subject to section 554 of title 5. Where the
    person charged with such a violation fails to avail himself of the
    opportunity for a public hearing, a civil penalty shall be assessed
    by the Secretary after the Secretary has determined that a
    violation did occur, and the amount of the penalty which is
    warranted, and has issued an order requiring that the penalty be
    paid.
    (c) Notice of violation; action required of violator; waiver of
      legal rights
      Upon the issuance of a notice or order charging that a violation
    of this chapter has occurred, the Secretary shall inform the
    operator within thirty days of the proposed amount of said penalty.
    The person charged with the penalty shall then have thirty days to
    pay the proposed penalty in full or, if the person wishes to
    contest either the amount of the penalty or the fact of the
    violation, forward the proposed amount to the Secretary for
    placement in an escrow account. If through administrative or
    judicial review of the proposed penalty, it is determined that no
    violation occurred, or that the amount of the penalty should be
    reduced, the Secretary shall within thirty days remit the
    appropriate amount to the person, with interest at the rate of 6
    percent, or at the prevailing Department of the Treasury rate,
    whichever is greater. Failure to forward the money to the Secretary
    within thirty days shall result in a waiver of all legal rights to
    contest the violation or the amount of the penalty.
    (d) Civil action to recover civil penalties
      Civil penalties owed under this chapter, may be recovered in a
    civil action brought by the Attorney General at the request of the
    Secretary in any appropriate district court of the United States.
    (e) Willful violations
      Any person who willfully and knowingly violates a condition of a
    permit issued pursuant to a Federal program, a Federal lands
    program or Federal enforcement pursuant to section 1252 of this
    title or during Federal enforcement of a State program pursuant to
    section 1271 of this title or fails or refuses to comply with any
    order issued under section 1271 or section 1276 of this title, or
    any order incorporated in a final decision issued by the Secretary
    under this chapter, except an order incorporated in a decision
    issued under subsection (b) of this section or section 1294 of this
    title, shall, upon conviction, be punished by a fine of not more
    than $10,000, or by imprisonment for not more than one year or
    both.
    (f) Corporate violations
      Whenever a corporate permittee violates a condition of a permit
    issued pursuant to a Federal program, a Federal lands program or
    Federal enforcement pursuant to section 1252 of this title or
    Federal enforcement of a State program pursuant to section 1271 of
    this title or fails or refuses to comply with any order issued
    under section 1271 of this title, or any order incorporated in a
    final decision issued by the Secretary under this chapter except an
    order incorporated in a decision issued under subsection (b) of
    this section or section 1293 of this title, any director, officer,
    or agent of such corporation who willfully and knowingly
    authorized, ordered, or carried out such violation, failure, or
    refusal shall be subject to the same civil penalties, fines, and
    imprisonment that may be imposed upon a person under subsections
    (a) and (e) of this section.
    (g) False statements, representations, or certifications
      Whoever knowingly makes any false statement, representation, or
    certification, or knowingly fails to make any statement,
    representation, or certification in any application, record,
    report, plant, or other document filed or required to be maintained
    pursuant to a Federal program or a Federal lands program or any
    order of decision issued by the Secretary under this chapter,
    shall, upon conviction, be punished by a fine of not more than
    $10,000, or by imprisonment for not more than one year or both.
    (h) Failure to correct violation
      Any operator who fails to correct a violation for which a
    citation has been issued under section 1271(a) of this title within
    the period permitted for its correction (which period shall not end
    until the entry of a final order by the Secretary, in the case of
    any review proceedings under section 1275 of this title initiated
    by the operator wherein the Secretary orders, after an expedited
    hearing, the suspension of the abatement requirements of the
    citation after determining that the operator will suffer
    irreparable loss or damage from the application of those
    requirements, or until the entry of an order of the court, in the
    case of any review proceedings under section 1276 of this title
    initiated by the operator wherein the court orders the suspension
    of the abatement requirements of the citation), shall be assessed a
    civil penalty of not less than $750 for each day during which such
    failure or violation continues.
    (i) Effect on additional enforcement right or procedure available
      under State law
      As a condition of approval of any State program submitted
    pursuant to section 1253 of this title, the civil and criminal
    penalty provisions thereof shall, at a minimum, incorporate
    penalties no less stringent than those set forth in this section,
    and shall contain the same or similar procedural requirements
    relating thereto. Nothing herein shall be construed so as to
    eliminate any additional enforcement right or procedures which are
    available under State law to a State regulatory authority but which
    are not specifically enumerated herein.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 518, Aug. 3, 1977, 91 Stat. 499.)

-End-



-CITE-
    30 USC Sec. 1269                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1269. Release of performance bonds or deposits

-STATUTE-
    (a) Filing of request; submittal of copy of advertisement;
      notification by letter of intent to seek release
      The permittee may file a request with the regulatory authority
    for the release of all or part of a performance bond or deposit.
    Within thirty days after any application for bond or deposit
    release has been filed with the regulatory authority, the operator
    shall submit a copy of an advertisement placed at least once a week
    for four successive weeks in a newspaper of general circulation in
    the locality of the surface coal mining operation. Such
    advertisement shall be considered part of any bond release
    application and shall contain a notification of the precise
    location of the land affected, the number of acres, the permit and
    the date approved, the amount of the bond filed and the portion
    sought to be released, and the type and appropriate dates of
    reclamation work performed, and a description of the results
    achieved as they relate to the operator's approved reclamation
    plan. In addition, as part of any bond release application, the
    applicant shall submit copies of letters which he has sent to
    adjoining property owners, local governmental bodies, planning
    agencies, and sewage and water treatment authorities, or water
    companies in the locality in which the surface coal mining and
    reclamation activities took place, notifying them of his intention
    to seek release from the bond.
    (b) Inspection and evaluation; notification of decision
      Upon receipt of the notification and request, the regulatory
    authority shall within thirty days conduct an inspection and
    evaluation of the reclamation work involved. Such evaluation shall
    consider, among other things, the degree of difficulty to complete
    any remaining reclamation, whether pollution of surface and
    subsurface water is occurring, the probability of continuance of
    future occurrence of such pollution, and the estimated cost of
    abating such pollution. The regulatory authority shall notify the
    permittee in writing of its decision to release or not to release
    all or part of the performance bond or deposit within sixty days
    from the filing of the request, if no public hearing is held
    pursuant to subsection (f) of this section, and if there has been a
    public hearing held pursuant to subsection (f) of this section,
    within thirty days thereafter.
    (c) Requirements for release
      The regulatory authority may release in whole or in part said
    bond or deposit if the authority is satisfied the reclamation
    covered by the bond or deposit or portion thereof has been
    accomplished as required by this chapter according to the following
    schedule:
        (1) When the operator completes the backfilling, regrading, and
      drainage control of a bonded area in accordance with his approved
      reclamation plan, the release of 60 per centum of the bond or
      collateral for the applicable permit area.
        (2) After revegetation has been established on the regraded
      mined lands in accordance with the approved reclamation plan.
      When determining the amount of bond to be released after
      successful revegetation has been established, the regulatory
      authority shall retain that amount of bond for the revegetated
      area which would be sufficient for a third party to cover the
      cost of reestablishing revegetation and for the period specified
      for operator responsibility in section 1265 of this title of
      reestablishing revegetation. No part of the bond or deposit shall
      be released under this paragraph so long as the lands to which
      the release would be applicable are contributing suspended solids
      to streamflow or runoff outside the permit area in excess of the
      requirements set by section 1265(b)(10) of this title or until
      soil productivity for prime farm lands has returned to equivalent
      levels of yield as nonmined land of the same soil type in the
      surrounding area under equivalent management practices as
      determined from the soil survey performed pursuant to section
      1257(b)(16) of this title. Where a silt dam is to be retained as
      a permanent impoundment pursuant to section 1265(b)(8) of this
      title, the portion of bond may be released under this paragraph
      so long as provisions for sound future maintenance by the
      operator or the landowner have been made with the regulatory
      authority.
        (3) When the operator has completed successfully all surface
      coal mining and reclamation activities, the release of the
      remaining portion of the bond, but not before the expiration of
      the period specified for operator responsibility in section 1265
      of this title: Provided, however, That no bond shall be fully
      released until all reclamation requirements of this chapter are
      fully met.
    (d) Notice of disapproval
      If the regulatory authority disapproves the application for
    release of the bond or portion thereof, the authority shall notify
    the permittee, in writing, stating the reasons for disapproval and
    recommending corrective actions necessary to secure said release
    and allowing opportunity for a public hearing.
    (e) Notice to municipality
      When any application for total or partial bond release is filed
    with the regulatory authority, the regulatory authority shall
    notify the municipality in which a surface coal mining operation is
    located by certified mail at least thirty days prior to the release
    of all or a portion of the bond.
    (f) Objections to release; hearing
      Any person with a valid legal interest which might be adversely
    affected by release of the bond or the responsible officer or head
    of any Federal, State, or local governmental agency which has
    jurisdiction by law or special expertise with respect to any
    environmental, social, or economic impact involved in the
    operation, or is authorized to develop and enforce environmental
    standards with respect to such operations shall have the right to
    file written objections to the proposed release from bond to the
    regulatory authority within thirty days after the last publication
    of the above notice. If written objections are filed, and a hearing
    requested, the regulatory authority shall inform all the interested
    parties, of the time and place of the hearing, and hold a public
    hearing in the locality of the surface coal mining operation
    proposed for bond release within thirty days of the request for
    such hearing. The date, time, and location of such public hearings
    shall be advertised by the regulatory authority in a newspaper of
    general circulation in the locality for two consecutive weeks, and
    shall hold a public hearing in the locality of the surface coal
    mining operation proposed for bond release or at the State capital
    at the option of the objector, within thirty days of the request
    for such hearing.
    (g) Informal conference
      Without prejudice to the rights of the objectors, the applicant,
    or the responsibilities of the regulatory authority pursuant to
    this section, the regulatory authority may establish an informal
    conference as provided in section 1263 of this title to resolve
    such written objections.
    (h) Power of regulatory authority with respect to informal
      conference
      For the purpose of such hearing the regulatory authority shall
    have the authority and is hereby empowered to administer oaths,
    subpena witnesses, or written or printed materials, compel the
    attendance of witnesses, or production of the materials, and take
    evidence including but not limited to inspections of the land
    affected and other surface coal mining operations carried on by the
    applicant in the general vicinity. A verbatim record of each public
    hearing required by this chapter shall be made, and a transcript
    made available on the motion of any party or by order of the
    regulatory authority.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 519, Aug. 3, 1977, 91 Stat. 501.)

-End-



-CITE-
    30 USC Sec. 1270                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1270. Citizens suits

-STATUTE-
    (a) Civil action to compel compliance with this chapter
      Except as provided in subsection (b) of this section, any person
    having an interest which is or may be adversely affected may
    commence a civil action on his own behalf to compel compliance with
    this chapter - 
        (1) against the United States or any other governmental
      instrumentality or agency to the extent permitted by the eleventh
      amendment to the Constitution which is alleged to be in violation
      of the provisions of this chapter or of any rule, regulation,
      order or permit issued pursuant thereto, or against any other
      person who is alleged to be in violation of any rule, regulation,
      order or permit issued pursuant to this subchapter; or
        (2) against the Secretary or the appropriate State regulatory
      authority to the extent permitted by the eleventh amendment to
      the Constitution where there is alleged a failure of the
      Secretary or the appropriate State regulatory authority to
      perform any act or duty under this chapter which is not
      discretionary with the Secretary or with the appropriate State
      regulatory authority.

    The district courts shall have jurisdiction, without regard to the
    amount in controversy or the citizenship of the parties.
    (b) Limitation on bringing of action
      No action may be commenced - 
        (1) under subsection (a)(1) of this section - 
          (A) prior to sixty days after the plaintiff has given notice
        in writing of the violation (i) to the Secretary, (ii) to the
        State in which the violation occurs, and (iii) to any alleged
        violator; or
          (B) if the Secretary or the State has commenced and is
        diligently prosecuting a civil action in a court of the United
        States or a State to require compliance with the provisions of
        this chapter, or any rule, regulation, order, or permit issued
        pursuant to this chapter, but in any such action in a court of
        the United States any person may intervene as a matter of
        right; or

        (2) under subsection (a)(2) of this section prior to sixty days
      after the plaintiff has given notice in writing of such action to
      the Secretary, in such manner as the Secretary shall by
      regulation prescribe, or to the appropriate State regulatory
      authority, except that such action may be brought immediately
      after such notification in the case where the violation or order
      complained of constitutes an imminent threat to the health or
      safety of the plaintiff or would immediately affect a legal
      interest of the plaintiff.
    (c) Venue; intervention
      (1) Any action respecting a violation of this chapter or the
    regulations thereunder may be brought only in the judicial district
    in which the surface coal mining operation complained of is
    located.
      (2) In such action under this section, the Secretary, or the
    State regulatory authority, if not a party, may intervene as a
    matter of right.
    (d) Costs; filing of bonds
      The court, in issuing any final order in any action brought
    pursuant to subsection (a) of this section, may award costs of
    litigation (including attorney and expert witness fees) to any
    party, whenever the court determines such award is appropriate. The
    court may, if a temporary restraining order or preliminary
    injunction is sought require the filing of a bond or equivalent
    security in accordance with the Federal Rules of Civil Procedure.
    (e) Effect on other enforcement methods
      Nothing in this section shall restrict any right which any person
    (or class of persons) may have under any statute or common law to
    seek enforcement of any of the provisions of this chapter and the
    regulations thereunder, or to seek any other relief (including
    relief against the Secretary or the appropriate State regulatory
    authority).
    (f) Action for damages
      Any person who is injured in his person or property through the
    violation by any operator of any rule, regulation, order, or permit
    issued pursuant to this chapter may bring an action for damages
    (including reasonable attorney and expert witness fees) only in the
    judicial district in which the surface coal mining operation
    complained of is located. Nothing in this subsection shall affect
    the rights established by or limits imposed under State Workmen's
    Compensation laws.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 520, Aug. 3, 1977, 91 Stat. 503.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec. (d),
    are set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.

-End-



-CITE-
    30 USC Sec. 1271                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1271. Enforcement

-STATUTE-
    (a) Notice of violation; Federal inspection; waiver of notification
      period; cessation order; affirmative obligation on operator;
      suspension or revocation of permits; contents of notices and
      orders
      (1) Whenever, on the basis of any information available to him,
    including receipt of information from any person, the Secretary has
    reason to believe that any person is in violation of any
    requirement of this chapter or any permit condition required by
    this chapter, the Secretary shall notify the State regulatory
    authority, if one exists, in the State in which such violation
    exists. If no such State authority exists or the State regulatory
    authority fails within ten days after notification to take
    appropriate action to cause said violation to be corrected or to
    show good cause for such failure and transmit notification of its
    action to the Secretary, the Secretary shall immediately order
    Federal inspection of the surface coal mining operation at which
    the alleged violation is occurring unless the information available
    to the Secretary is a result of a previous Federal inspection of
    such surface coal mining operation. The ten-day notification period
    shall be waived when the person informing the Secretary provides
    adequate proof that an imminent danger of significant environmental
    harm exists and that the State has failed to take appropriate
    action. When the Federal inspection results from information
    provided to the Secretary by any person, the Secretary shall notify
    such person when the Federal inspection is proposed to be carried
    out and such person shall be allowed to accompany the inspector
    during the inspection.
      (2) When, on the basis of any Federal inspection, the Secretary
    or his authorized representative determines that any condition or
    practices exist, or that any permittee is in violation of any
    requirement of this chapter or any permit condition required by
    this chapter, which condition, practice, or violation also creates
    an imminent danger to the health or safety of the public, or is
    causing, or can reasonably be expected to cause significant,
    imminent environmental harm to land, air, or water resources, the
    Secretary or his authorized representative shall immediately order
    a cessation of surface coal mining and reclamation operations or
    the portion thereof relevant to the condition, practice, or
    violation. Such cessation order shall remain in effect until the
    Secretary or his authorized representative determines that the
    condition, practice, or violation has been abated, or until
    modified, vacated, or terminated by the Secretary or his authorized
    representative pursuant to paragraph (5) of this subsection. Where
    the Secretary finds that the ordered cessation of surface coal
    mining and reclamation operations, or any portion thereof, will not
    completely abate the imminent danger to health or safety of the
    public or the significant imminent environmental harm to land, air,
    or water resources, the Secretary shall, in addition to the
    cessation order, impose affirmative obligations on the operator
    requiring him to take whatever steps the Secretary deems necessary
    to abate the imminent danger or the significant environmental harm.
      (3) When, on the basis of a Federal inspection which is carried
    out during the enforcement of a Federal program or a Federal lands
    program, Federal inspection pursuant to section 1252, or section
    1254(b) of this title, or during Federal enforcement of a State
    program in accordance with subsection (b) of this section, the
    Secretary or his authorized representative determines that any
    permittee is in violation of any requirement of this chapter or any
    permit condition required by this chapter; but such violation does
    not create an imminent danger to the health or safety of the
    public, or cannot be reasonably expected to cause significant,
    imminent environmental harm to land, air, or water resources, the
    Secretary or authorized representative shall issue a notice to the
    permittee or his agent fixing a reasonable time but not more than
    ninety days for the abatement of the violation and providing
    opportunity for public hearing.
      If, upon expiration of the period of time as originally fixed or
    subsequently extended, for good cause shown and upon the written
    finding of the Secretary or his authorized representative, the
    Secretary or his authorized representative finds that the violation
    has not been abated, he shall immediately order a cessation of
    surface coal mining and reclamation operations or the portion
    thereof relevant to the violation. Such cessation order shall
    remain in effect until the Secretary or his authorized
    representative determines that the violation has been abated, or
    until modified, vacated, or terminated by the Secretary or his
    authorized representative pursuant to paragraph (5) of this
    subsection. In the order of cessation issued by the Secretary under
    this subsection, the Secretary shall determine the steps necessary
    to abate the violation in the most expeditious manner possible, and
    shall include the necessary measures in the order.
      (4) When, on the basis of a Federal inspection which is carried
    out during the enforcement of a Federal program or a Federal lands
    program, Federal inspection pursuant to section 1252 or section
    1254 of this title or during Federal enforcement of a State program
    in accordance with subsection (b) of this section, the Secretary or
    his authorized representative determines that a pattern of
    violations of any requirements of this chapter or any permit
    conditions required by this chapter exists or has existed, and if
    the Secretary or his authorized representative also find that such
    violations are caused by the unwarranted failure of the permittee
    to comply with any requirements of this chapter or any permit
    conditions, or that such violations are willfully caused by the
    permittee, the Secretary or his authorized representative shall
    forthwith issue an order to the permittee to show cause as to why
    the permit should not be suspended or revoked and shall provide
    opportunity for a public hearing. If a hearing is requested the
    Secretary shall inform all interested parties of the time and place
    of the hearing. Upon the permittee's failure to show cause as to
    why the permit should not be suspended or revoked, the Secretary or
    his authorized representative shall forthwith suspend or revoke the
    permit.
      (5) Notices and orders issued pursuant to this section shall set
    forth with reasonable specificity the nature of the violation and
    the remedial action required, the period of time established for
    abatement, and a reasonable description of the portion of the
    surface coal mining and reclamation operation to which the notice
    or order applies. Each notice or order issued under this section
    shall be given promptly to the permittee or his agent by the
    Secretary or his authorized representative who issues such notice
    or order, and all such notices and orders shall be in writing and
    shall be signed by such authorized representatives. Any notice or
    order issued pursuant to this section may be modified, vacated, or
    terminated by the Secretary or his authorized representative. A
    copy of any such order or notice shall be sent to the State
    regulatory authority in the State in which the violation occurs:
    Provided, That any notice or order issued pursuant to this section
    which requires cessation of mining by the operator shall expire
    within thirty days of actual notice to the operator unless a public
    hearing is held at the site or within such reasonable proximity to
    the site that any viewings of the site can be conducted during the
    course of public hearing.
    (b) Inadequate State enforcement; notice and hearing
      Whenever on the basis of information available to him, the
    Secretary has reason to believe that violations of all or any part
    of an approved State program result from a failure of the State to
    enforce such State program or any part thereof effectively, he
    shall after public notice and notice to the State, hold a hearing
    thereon in the State within thirty days of such notice. If as a
    result of said hearing the Secretary finds that there are
    violations and such violations result from a failure of the State
    to enforce all or any part of the State program effectively, and if
    he further finds that the State has not adequately demonstrated its
    capability and intent to enforce such State program, he shall give
    public notice of such finding. During the period beginning with
    such public notice and ending when such State satisfies the
    Secretary that it will enforce this chapter, the Secretary shall
    enforce, in the manner provided by this chapter, any permit
    condition required under this chapter, shall issue new or revised
    permits in accordance with requirements of this chapter, and may
    issue such notices and orders as are necessary for compliance
    therewith: Provided, That in the case of a State permittee who has
    met his obligations under such permit and who did not willfully
    secure the issuance of such permit through fraud or collusion, the
    Secretary shall give the permittee a reasonable time to conform
    ongoing surface mining and reclamation to the requirements of this
    chapter before suspending or revoking the State permit.
    (c) Civil action for relief
      The Secretary may request the Attorney General to institute a
    civil action for relief, including a permanent or temporary
    injunction, restraining order, or any other appropriate order in
    the district court of the United States for the district in which
    the surface coal mining and reclamation operation is located or in
    which the permittee thereof has his principal office, whenever such
    permittee or his agent (A) violates or fails or refuses to comply
    with any order or decision issued by the Secretary under this
    chapter, or (B) interferes with, hinders, or delays the Secretary
    or his authorized representatives in carrying out the provisions of
    this chapter, or (C) refuses to admit such authorized
    representative to the mine, or (D) refuses to permit inspection of
    the mine by such authorized representative, or (E) refuses to
    furnish any information or report requested by the Secretary in
    furtherance of the provisions of this chapter, or (F) refuses to
    permit access to, and copying of, such records as the Secretary
    determines necessary in carrying out the provisions of this
    chapter. Such court shall have jurisdiction to provide such relief
    as may be appropriate. Temporary restraining orders shall be issued
    in accordance with rule 65 of the Federal Rules of Civil Procedure,
    as amended. Any relief granted by the court to enforce an order
    under clause (A) of this section shall continue in effect until the
    completion or final termination of all proceedings for review of
    such order under this subchapter, unless, prior thereto, the
    district court granting such relief sets it aside or modifies it.
    (d) Sanctions; effect on additional enforcement rights under State
      law
      As a condition of approval of any State program submitted
    pursuant to section 1253 of this title, the enforcement provisions
    thereof shall, at a minimum, incorporate sanctions no less
    stringent than those set forth in this section, and shall contain
    the same or similar procedural requirements relating thereto.
    Nothing herein shall be construed so as to eliminate any additional
    enforcement rights or procedures which are available under State
    law to a State regulatory authority but which are not specifically
    enumerated herein.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 521, Aug. 3, 1977, 91 Stat. 504.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Rule 65 of the Federal Rules of Civil Procedure, referred to in
    subsec. (c), is set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.

-End-



-CITE-
    30 USC Sec. 1272                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1272. Designating areas unsuitable for surface coal mining

-STATUTE-
    (a) Establishment of State planning process; standards; State
      process requirements; integration with present and future land
      use planning and regulation processes; savings provisions
      (1) To be eligible to assume primary regulatory authority
    pursuant to section 1253 of this title, each State shall establish
    a planning process enabling objective decisions based upon
    competent and scientifically sound data and information as to
    which, if any, land areas of a State are unsuitable for all or
    certain types of surface coal mining operations pursuant to the
    standards set forth in paragraphs (2) and (3) of this subsection
    but such designation shall not prevent the mineral exploration
    pursuant to the chapter of any area so designated.
      (2) Upon petition pursuant to subsection (c) of this section, the
    State regulatory authority shall designate an area as unsuitable
    for all or certain types of surface coal mining operations if the
    State regulatory authority determines that reclamation pursuant to
    the requirements of this chapter is not technologically and
    economically feasible.
      (3) Upon petition pursuant to subsection (c) of this section, a
    surface area may be designated unsuitable for certain types of
    surface coal mining operations if such operations will - 
        (A) be incompatible with existing State or local land use plans
      or programs; or
        (B) affect fragile or historic lands in which such operations
      could result in significant damage to important historic,
      cultural, scientific, and esthetic values and natural systems; or
        (C) affect renewable resource lands in which such operations
      could result in a substantial loss or reduction of long-range
      productivity of water supply or of food or fiber products, and
      such lands to include aquifers and aquifer recharge areas; or
        (D) affect natural hazard lands in which such operations could
      substantially endanger life and property, such lands to include
      areas subject to frequent flooding and areas of unstable geology.

      (4) To comply with this section, a State must demonstrate it has
    developed or is developing a process which includes - 
        (A) a State agency responsible for surface coal mining lands
      review;
        (B) a data base and an inventory system which will permit
      proper evaluation of the capacity of different land areas of the
      State to support and permit reclamation of surface coal mining
      operations;
        (C) a method or methods for implementing land use planning
      decisions concerning surface coal mining operations; and
        (D) proper notice, opportunities for public participation,
      including a public hearing prior to making any designation or
      redesignation, pursuant to this section.

      (5) Determinations of the unsuitability of land for surface coal
    mining, as provided for in this section, shall be integrated as
    closely as possible with present and future land use planning and
    regulation processes at the Federal, State, and local levels.
      (6) The requirements of this section shall not apply to lands on
    which surface coal mining operations are being conducted on August
    3, 1977, or under a permit issued pursuant to this chapter, or
    where substantial legal and financial commitments in such operation
    were in existence prior to January 4, 1977.
    (b) Review of Federal lands
      The Secretary shall conduct a review of the Federal lands to
    determine, pursuant to the standards set forth in paragraphs (2)
    and (3) of subsection (a) of this section, whether there are areas
    on Federal lands which are unsuitable for all or certain types of
    surface coal mining operations: Provided, however, That the
    Secretary may permit surface coal mining on Federal lands prior to
    the completion of this review. When the Secretary determines an
    area on Federal lands to be unsuitable for all or certain types of
    surface coal mining operations, he shall withdraw such area or
    condition any mineral leasing or mineral entries in a manner so as
    to limit surface coal mining operations on such area. Where a
    Federal program has been implemented in a State pursuant to section
    1254 of this title, the Secretary shall implement a process for
    designation of areas unsuitable for surface coal mining for non-
    Federal lands within such State and such process shall incorporate
    the standards and procedures of this section. Prior to designating
    Federal lands unsuitable for such mining, the Secretary shall
    consult with the appropriate State and local agencies.
    (c) Petition; intervention; decision
      Any person having an interest which is or may be adversely
    affected shall have the right to petition the regulatory authority
    to have an area designated as unsuitable for surface coal mining
    operations, or to have such a designation terminated. Such a
    petition shall contain allegations of facts with supporting
    evidence which would tend to establish the allegations. Within ten
    months after receipt of the petition the regulatory authority shall
    hold a public hearing in the locality of the affected area, after
    appropriate notice and publication of the date, time, and location
    of such hearing. After a person having an interest which is or may
    be adversely affected has filed a petition and before the hearing,
    as required by this subsection, any person may intervene by filing
    allegations of facts with supporting evidence which would tend to
    establish the allegations. Within sixty days after such hearing,
    the regulatory authority shall issue and furnish to the petitioner
    and any other party to the hearing, a written decision regarding
    the petition, and the reasons therefore.(!1) In the event that all
    the petitioners stipulate agreement prior to the requested hearing,
    and withdraw their request, such hearing need not be held.

    (d) Statement
      Prior to designating any land areas as unsuitable for surface
    coal mining operations, the regulatory authority shall prepare a
    detailed statement on (i) the potential coal resources of the area,
    (ii) the demand for coal resources, and (iii) the impact of such
    designation on the environment, the economy, and the supply of
    coal.
    (e) Prohibition on certain Federal public and private surface coal
      mining operations
      After August 3, 1977, and subject to valid existing rights no
    surface coal mining operations except those which exist on August
    3, 1977, shall be permitted - 
        (1) on any lands within the boundaries of units of the National
      Park System, the National Wildlife Refuge Systems, the National
      System of Trails, the National Wilderness Preservation System,
      the Wild and Scenic Rivers System, including study rivers
      designated under section 1276(a) of title 16 and National
      Recreation Areas designated by Act of Congress;
        (2) on any Federal lands within the boundaries of any national
      forest: Provided, however, That surface coal mining operations
      may be permitted on such lands if the Secretary finds that there
      are no significant recreational, timber, economic, or other
      values which may be incompatible with such surface mining
      operations and - 
          (A) surface operations and impacts are incident to an
        underground coal mine; or
          (B) where the Secretary of Agriculture determines, with
        respect to lands which do not have significant forest cover
        within those national forests west of the 100th meridian, that
        surface mining is in compliance with the Multiple-Use Sustained-
        Yield Act of 1960 [16 U.S.C. 528-531], the Federal Coal
        Leasing Amendments Act of 1975, the National Forest Management
        Act of 1976, and the provisions of this chapter: And provided
        further, That no surface coal mining operations may be
        permitted within the boundaries of the Custer National Forest;

        (3) which will adversely affect any publicly owned park or
      places included in the National Register of Historic Sites unless
      approved jointly by the regulatory authority and the Federal,
      State, or local agency with jurisdiction over the park or the
      historic site;
        (4) within one hundred feet of the outside right-of-way line of
      any public road, except where mine access roads or haulage roads
      join such right-of-way line and except that the regulatory
      authority may permit such roads to be relocated or the area
      affected to lie within one hundred feet of such road, if after
      public notice and opportunity for public hearing in the locality
      a written finding is made that the interests of the public and
      the landowners affected thereby will be protected; or
        (5) within three hundred feet from any occupied dwelling,
      unless waived by the owner thereof, nor within three hundred feet
      of any public building, school, church, community, or
      institutional building, public park, or within one hundred feet
      of a cemetery.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 522, Aug. 3, 1977, 91 Stat. 507.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Multiple-Use Sustained-Yield Act of 1960, referred to in
    subsec. (e)(2)(B), is Pub. L. 86-517, June 12, 1960, 74 Stat. 215,
    as amended, which is classified generally to sections 528 to 531 of
    Title 16, Conservation. For complete classification of this Act to
    the Code, see Short Title note set out under section 528 of Title
    16 and Tables.
      The Federal Coal Leasing Amendments Act of 1975, referred to in
    subsec. (e)(2)(B), is Pub. L. 94-377, Aug. 4, 1976, 90 Stat. 1083,
    which was redesignated the Federal Coal Leasing Amendments Act of
    1976 by Pub. L. 95-554, Sec. 8, Oct. 30, 1978, 92 Stat. 2075, and
    which enacted sections 202a, 208-1, and 208-2 of this title,
    amended sections 184, 191, 201, 203, 207, 209, and 352 of this
    title, repealed sections 201-1 and 204 of this title, and enacted
    provisions set out as notes under sections 181, 184, 201, 201-1,
    203, and 204 of this title. For complete classification of this Act
    to the Code, see Short Title of 1976 Amendment note set out under
    section 181 of this title and Tables.
      The National Forest Management Act of 1976, referred to in
    subsec. (e)(2)(B), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949,
    as amended, which enacted sections 472a, 521b, 1600, and 1611 to
    1614 of Title 16, Conservation, amended sections 500, 515, 516,
    518, 576b, 581h, and 1601 to 1610 of Title 16, repealed sections
    476, 513, and 514 of Title 16, enacted provisions set out as notes
    under sections 476, 513, 528, 594-2, and 1600 of Title 16. For
    complete classification of this Act to the Code, see Short Title of
    1976 Amendment note set out under section 1600 of Title 16 and
    Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be "therefor."


-End-



-CITE-
    30 USC Sec. 1273                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1273. Federal lands

-STATUTE-
    (a) Promulgation and implementation of Federal lands program
      No later than one year after August 3, 1977, the Secretary shall
    promulgate and implement a Federal lands program which shall be
    applicable to all surface coal mining and reclamation operations
    taking place pursuant to any Federal law on any Federal lands:
    Provided, That except as provided in section 1300 of this title the
    provisions of this chapter shall not be applicable to Indian lands.
    The Federal lands program shall, at a minimum, incorporate all of
    the requirements of this chapter and shall take into consideration
    the diverse physical, climatological, and other unique
    characteristics of the Federal lands in question. Where Federal
    lands in a State with an approved State program are involved, the
    Federal lands program shall, at a minimum, include the requirements
    of the approved State program: Provided, That the Secretary shall
    retain his duties under sections 201(a), (2)(B) (!1) and 201(a)(3)
    of this title, and shall continue to be responsible for designation
    of Federal lands as unsuitable for mining in accordance with
    section 1272(b) of this title.

    (b) Incorporation of requirements into any lease, permit, or
      contract issued by Secretary which may involve surface coal
      mining and reclamation operations
      The requirements of this chapter and the Federal lands program or
    an approved State program for State regulation of surface coal
    mining on Federal lands under subsection (c) of this section,
    whichever is applicable, shall be incorporated by reference or
    otherwise in any Federal mineral lease, permit, or contract issued
    by the Secretary which may involve surface coal mining and
    reclamation operations. Incorporation of such requirements shall
    not, however, limit in any way the authority of the Secretary to
    subsequently issue new regulations, revise the Federal lands
    program to deal with changing conditions or changed technology, and
    to require any surface mining and reclamation operations to conform
    with the requirements of this chapter and the regulations issued
    pursuant to this chapter.
    (c) State cooperative agreements
      Any State with an approved State program may elect to enter into
    a cooperative agreement with the Secretary to provide for State
    regulation of surface coal mining and reclamation operations on
    Federal lands within the State, provided the Secretary determines
    in writing that such State has the necessary personnel and funding
    to fully implement such a cooperative agreement in accordance with
    the provision of this chapter. States with cooperative agreements
    existing on August 3, 1977, may elect to continue regulation on
    Federal lands within the State, prior to approval by the Secretary
    of their State program, or imposition of a Federal program,
    provided that such existing cooperative agreement is modified to
    fully comply with the initial regulatory procedures set forth in
    section 1252 of this title. Nothing in this subsection shall be
    construed as authorizing the Secretary to delegate to the States
    his duty to approve mining plans on Federal lands, to designate
    certain Federal lands as unsuitable for surface coal mining
    pursuant to section 1272 of this title, or to regulate other
    activities taking place on Federal lands.
    (d) Development of program to assure no unreasonable denial to any
      class of coal purchasers
      The Secretary shall develop a program to assure that with respect
    to the granting of permits, leases, or contracts for coal owned by
    the United States, that no class of purchasers of the mined coal
    shall be unreasonably denied purchase thereof.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 523, Aug. 3, 1977, 91 Stat. 510.)

-FOOTNOTE-
    (!1) So in original. Probably should be "201(a)(2)(B)".


-End-



-CITE-
    30 USC Sec. 1274                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1274. Public agencies, public utilities, and public
      corporations

-STATUTE-
      Any agency, unit, or instrumentality of Federal, State, or local
    government, including any publicly owned utility or publicly owned
    corporation of Federal, State, or local government, which proposes
    to engage in surface coal mining operations which are subject to
    the requirements of this chapter shall comply with the provisions
    of this subchapter.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 524, Aug. 3, 1977, 91 Stat. 511.)

-End-



-CITE-
    30 USC Sec. 1275                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1275. Review by Secretary

-STATUTE-
    (a) Application for review of order or notice; investigation;
      hearing; notice
      (1) A permittee issued a notice or order by the Secretary
    pursuant to the provisions of paragraphs (2) and (3) of subsection
    (a) of section 1271 of this title, or pursuant to a Federal program
    or the Federal lands program or any person having an interest which
    is or may be adversely affected by such notice or order or by any
    modification, vacation, or termination of such notice or order, may
    apply to the Secretary for review of the notice or order within
    thirty days of receipt thereof or within thirty days of its
    modification, vacation, or termination. Upon receipt of such
    application, the Secretary shall cause such investigation to be
    made as he deems appropriate. Such investigation shall provide an
    opportunity for a public hearing, at the request of the applicant
    or the person having an interest which is or may be adversely
    affected, to enable the applicant or such person to present
    information relating to the issuance and continuance of such notice
    or order or the modification, vacation, or termination thereof. The
    filing of an application for review under this subsection shall not
    operate as a stay of any order or notice.
      (2) The permittee and other interested persons shall be given
    written notice of the time and place of the hearing at least five
    days prior thereto. Any such hearing shall be of record and shall
    be subject to section 554 of title 5.
    (b) Findings of fact; issuance of decision
      Upon receiving the report of such investigation, the Secretary
    shall make findings of fact, and shall issue a written decision,
    incorporating therein an order vacating, affirming, modifying, or
    terminating the notice or order, or the modification, vacation, or
    termination of such notice or order complained of and incorporate
    his findings therein. Where the application for review concerns an
    order for cessation of surface coal mining and reclamation
    operations issued pursuant to the provisions of paragraph (2) or
    (3) of subsection (a) of section 1271 of this title, the Secretary
    shall issue the written decision within thirty days of the receipt
    of the application for review, unless temporary relief has been
    granted by the Secretary pursuant to subsection (c) of this section
    or by the court pursuant to subsection (c) of section 1276 of this
    title.
    (c) Temporary relief; issuance of order or decision granting or
      denying relief
      Pending completion of the investigation and hearing required by
    this section, the applicant may file with the Secretary a written
    request that the Secretary grant temporary relief from any notice
    or order issued under section 1271 of this title, a Federal program
    or the Federal lands program together with a detailed statement
    giving reasons for granting such relief. The Secretary shall issue
    an order or decision granting or denying such relief expeditiously:
    Provided, That where the applicant requests relief from an order
    for cessation of coal mining and reclamation operations issued
    pursuant to paragraph (2) or (3) of subsection (a) of section 1271
    of this title, the order or decision on such a request shall be
    issued within five days of its receipt. The Secretary may grant
    such relief, under such conditions as he may prescribe, if - 
        (1) a hearing has been held in the locality of the permit area
      on the request for temporary relief in which all parties were
      given an opportunity to be heard;
        (2) the applicant shows that there is substantial likelihood
      that the findings of the Secretary will be favorable to him; and
        (3) such relief will not adversely affect the health or safety
      of the public or cause significant, imminent environmental harm
      to land, air, or water resources.
    (d) Notice and hearing with respect to section 1271 order to show
      cause
      Following the issuance of an order to show cause as to why a
    permit should not be suspended or revoked pursuant to section 1271
    of this title, the Secretary shall hold a public hearing after
    giving written notice of the time, place, and date thereof. Any
    such hearing shall be of record and shall be subject to section 554
    of title 5. Within sixty days following the public hearing, the
    Secretary shall issue and furnish to the permittee and all other
    parties to the hearing a written decision, and the reasons
    therefor, concerning suspension or revocation of the permit. If the
    Secretary revokes the permit, the permittee shall immediately cease
    surface coal mining operations on the permit area and shall
    complete reclamation within a period specified by the Secretary, or
    the Secretary shall declare as forfeited the performance bonds for
    the operation.
    (e) Costs
      Whenever an order is issued under this section, or as a result of
    any administrative proceeding under this chapter, at the request of
    any person, a sum equal to the aggregate amount of all costs and
    expenses (including attorney fees) as determined by the Secretary
    to have been reasonably incurred by such person for or in
    connection with his participation in such proceedings, including
    any judicial review of agency actions, may be assessed against
    either party as the court, resulting from judicial review or the
    Secretary, resulting from administrative proceedings, deems proper.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 525, Aug. 3, 1977, 91 Stat. 511.)

-End-



-CITE-
    30 USC Sec. 1276                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1276. Judicial review

-STATUTE-
    (a) Review by United States District Court; venue; filing of
      petition; time
      (1) Any action of the Secretary to approve or disapprove a State
    program or to prepare or promulgate a Federal program pursuant to
    this chapter shall be subject to judicial review by the United
    States District Court for the District which includes the capital
    of the State whose program is at issue. Any action by the Secretary
    promulgating national rules or regulations including standards
    pursuant to sections 1251, 1265, 1266, and 1273 of this title shall
    be subject to judicial review in the United States District Court
    for the District of Columbia Circuit. Any other action constituting
    rulemaking by the Secretary shall be subject to judicial review
    only by the United States District Court for the District in which
    the surface coal mining operation is located. Any action subject to
    judicial review under this subsection shall be affirmed unless the
    court concludes that such action is arbitrary, capricious, or
    otherwise inconsistent with law. A petition for review of any
    action subject to judicial review under this subsection shall be
    filed in the appropriate Court within sixty days from the date of
    such action, or after such date if the petition is based solely on
    grounds arising after the sixtieth day. Any such petition may be
    made by any person who participated in the administrative
    proceedings and who is aggrieved by the action of the Secretary.
      (2) Any order or decision issued by the Secretary in a civil
    penalty proceeding or any other proceeding required to be conducted
    pursuant to section 554 of title 5 shall be subject to judicial
    review on or before 30 days from the date of such order or decision
    in accordance with subsection (b) of this section in the United
    States District Court for the district in which the surface coal
    mining operation is located. In the case of a proceeding to review
    an order or decision issued by the Secretary under the penalty
    section of this chapter, the court shall have jurisdiction to enter
    an order requiring payment of any civil penalty assessment enforced
    by its judgment. This availability of review established in this
    subsection shall not be construed to limit the operations of rights
    established in section 1270 of this title.
    (b) Evidence; conclusiveness of findings; orders
      The court shall hear such petition or complaint solely on the
    record made before the Secretary. Except as provided in subsection
    (a) of this section, the findings of the Secretary if supported by
    substantial evidence on the record considered as a whole, shall be
    conclusive. The court may affirm, vacate, or modify any order or
    decision or may remand the proceedings to the Secretary for such
    further action as it may direct.
    (c) Temporary relief; prerequisites
      In the case of a proceeding to review any order or decision
    issued by the Secretary under this chapter, including an order or
    decision issued pursuant to subsection (c) or (d) of section 1275
    of this title pertaining to any order issued under paragraph (2),
    (3), or (4) of subsection (a) of section 1271 of this title for
    cessation of coal mining and reclamation operations, the court may,
    under such conditions as it may prescribe, grant such temporary
    relief as it deems appropriate pending final determination of the
    proceedings if - 
        (1) all parties to the proceedings have been notified and given
      an opportunity to be heard on a request for temporary relief;
        (2) the person requesting such relief shows that there is a
      substantial likelihood that he will prevail on the merits of the
      final determination of the proceeding; and
        (3) such relief will not adversely affect the public health or
      safety or cause significant imminent environmental harm to land,
      air, or water resources.
    (d) Stay of action, order, or decision of Secretary
      The commencement of a proceeding under this section shall not,
    unless specifically ordered by the court, operate as a stay of the
    action, order, or decision of the Secretary.
    (e) Action of State regulatory authority
      Action of the State regulatory authority pursuant to an approved
    State program shall be subject to judicial review by a court of
    competent jurisdiction in accordance with State law, but the
    availability of such review shall not be construed to limit the
    operation of the rights established in section 1270 of this title
    except as provided therein.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 526, Aug. 3, 1977, 91 Stat. 512.)

-End-



-CITE-
    30 USC Sec. 1277                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1277. Special bituminous coal mines

-STATUTE-
    (a) Issuance of separate regulations; criteria
      The regulatory authority is authorized to issue separate
    regulations for those special bituminous coal surface mines located
    west of the 100th meridian west longitude which meet the following
    criteria:
        (1) the excavation of the specific mine pit takes place on the
      same relatively limited site for an extended period of time;
        (2) the excavation of the specific mine pit follows a coal seam
      having an inclination of fifteen degrees or more from the
      horizontal, and continues in the same area proceeding downward
      with lateral expansion of the pit necessary to maintain stability
      or as necessary to accommodate the orderly expansion of the total
      mining operation;
        (3) the excavation of the specific mine pit involves the mining
      of more than one coal seam and mining has been initiated on the
      deepest coal seam contemplated to be mined in the current
      operation;
        (4) the amount of material removed is large in proportion to
      the surface area disturbed;
        (5) there is no practicable alternative method of mining the
      coal involved;
        (6) there is no practicable method to reclaim the land in the
      manner required by this chapter; and
        (7) the specific mine pit has been actually producing coal
      since January 1, 1972, in such manner as to meet the criteria set
      forth in this section, and, because of past duration of mining,
      is substantially committed to a mode of operation which warrants
      exceptions to some provisions of this subchapter.
    (b) New bituminous coal surface mines
      Such separate regulations shall also contain a distinct part to
    cover and pertain to new bituminous coal surface mines which may be
    developed after August 3, 1977, on lands immediately adjacent to
    lands upon which are located special bituminous mines existing on
    January 1, 1972. Such new mines shall meet the criteria of
    subsection (a) of this section except for paragraphs (3) and (7),
    and all requirements of State law, notwithstanding in whole or part
    the regulations issued pursuant to subsection (c) of this section.
    In the event of an amendment or revision to the State's regulatory
    program, regulations, or decisions made thereunder governing such
    mines, the Secretary shall issue such additional regulations as
    necessary to meet the purposes of this chapter.
    (c) Scope of alternative regulations
      Such alternative regulations may pertain only to the standards
    governing onsite handling of spoils, elimination of depressions
    capable of collecting water, creation of impoundments, and
    regrading to the approximate original contour and shall specify
    that remaining highwalls are stable. All other performance
    standards in this subchapter shall apply to such mines.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 527, Aug. 3, 1977, 91 Stat. 513.)

-End-



-CITE-
    30 USC Sec. 1278                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1278. Surface mining operations not subject to this chapter

-STATUTE-
      The provisions of this chapter shall not apply to any of the
    following activities:
        (1) the extraction of coal by a landowner for his own
      noncommercial use from land owned or leased by him; and
        (2) the extraction of coal as an incidental part of Federal,
      State or local government-financed highway or other construction
      under regulations established by the regulatory authority.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 528, Aug. 3, 1977, 91 Stat. 514; Pub.
    L. 100-34, title II, Sec. 201(a), May 7, 1987, 101 Stat. 300.)


-MISC1-
                                AMENDMENTS                            
      1987 - Pub. L. 100-34 inserted "and" after "him;" in par. (1),
    redesignated par. (3) as (2), and struck out former par. (2) which
    read as follows: "the extraction of coal for commercial purposes
    where the surface mining operation affects two acres or less; and".

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 201(b)-(e) of Pub. L. 100-34 provided that:
      "(b) Effective Date for New Operations. - The amendments made by
    this section [amending this section] shall take effect on the date
    30 days after the enactment of this Act [May 7, 1987] with respect
    to each operator commencing surface coal mining operations on or
    after such date.
      "(c) Effective Date for Existing Operations. - The amendments
    made by this section shall take effect on the date 6 months after
    the enactment of this Act with respect to each operator commencing
    surface coal mining operations pursuant to an authorization under
    State law before the date 30 days after the enactment of this Act.
    Nothing in this Act [amending this section and section 1232 of this
    title] shall preclude reclamation activities pursuant to State law
    or regulations at the site of any surface coal mine which was
    exempt from the Surface Mining Control and Reclamation Act of 1977
    [30 U.S.C. 1201 et seq.] under section 528(2) of that Act [30
    U.S.C. 1278(2)], as in effect before the enactment of this Act.
      "(d) Effect on State Law. - To the extent that any provision of a
    State law, or of a State regulation, adopted pursuant to the
    exception under section 528(2) of the Surface Mining Control and
    Reclamation Act of 1977 as in effect before the enactment of this
    Act, is inconsistent with the amendments made by this section, such
    provision shall be of no further force and effect after the
    effective date of such amendments.
      "(e) Definition. - For purposes of this section, the term
    'surface coal mining operations' has the meaning provided by
    section 701(28) of the Surface Mining Control and Reclamation Act
    of 1977 [30 U.S.C. 1291(28)]."

-End-



-CITE-
    30 USC Sec. 1279                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
                    MINING                      

-HEAD-
    Sec. 1279. Anthracite coal mines

-STATUTE-
      (a) The Secretary is authorized to and shall issue separate
    regulations according to time schedules established in this chapter
    for anthracite coal surface mines, if such mines are regulated by
    environmental protection standards of the State in which they are
    located. Such alternative regulations shall adopt, in each
    instance, the environmental protection provisions of the State
    regulatory program in existence on August 3, 1977, in lieu of
    sections 1265 and 1266 of this title. Provisions of sections 1259
    and 1269 of this title are applicable except for specified bond
    limits and period of revegetation responsibility. All other
    provisions of this chapter apply and the regulation issued by the
    Secretary of Interior for each State anthracite regulatory program
    shall so reflect: Provided, however, That upon amendment of a
    State's regulatory program for anthracite mining or regulations
    thereunder in force in lieu of the above-cited sections of this
    chapter, the Secretary shall issue such additional regulations as
    necessary to meet the purposes of this chapter.
      (b) Omitted.

-SOURCE-
    (Pub. L. 95-87, title V, Sec. 529, Aug. 3, 1977, 91 Stat. 514.)

-COD-
                               CODIFICATION                           
      Subsec. (b) of this section, which required the Secretary of the
    Interior to report to Congress biennially on the effectiveness of
    State anthracite regulatory programs operating in conjunction with
    this chapter with respect to protecting the environment,
    terminated, effective May 15, 2000, pursuant to section 3003 of
    Pub. L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance. See, also, page 109 of House Document
    No. 103-7.

-End-


-CITE-
    30 USC SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE
           FOR NONCOAL MINING                              01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING

-HEAD-
    SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING

-End-



-CITE-
    30 USC Sec. 1281                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING

-HEAD-
    Sec. 1281. Designation procedures

-STATUTE-
    (a) Review of Federal land areas for unsuitability for noncoal
      mining
      With respect to Federal lands within any State, the Secretary of
    Interior may, and if so requested by the Governor of such State
    shall, review any area within such lands to assess whether it may
    be unsuitable for mining operations for minerals or materials other
    than coal, pursuant to the criteria and procedures of this section.
    (b) Criteria considered in determining designations
      An area of Federal land may be designated under this section as
    unsuitable for mining operations if (1) such area consists of
    Federal land of a predominantly urban or suburban character, used
    primarily for residential or related purposes, the mineral estate
    of which remains in the public domain, or (2) such area consists of
    Federal land where mining operations would have an adverse impact
    on lands used primarily for residential or related purposes.
    (c) Petition for exclusion; contents; hearing; temporary land
      withdrawal
      Any person having an interest which is or may be adversely
    affected shall have the right to petition the Secretary to seek
    exclusion of an area from mining operations pursuant to this
    section or the redesignation of an area or part thereof as suitable
    for such operations. Such petition shall contain allegations of
    fact with supporting evidence which would tend to substantiate the
    allegations. The petitioner shall be granted a hearing within a
    reasonable time and finding with reasons therefor upon the matter
    of their petition. In any instance where a Governor requests the
    Secretary to review an area, or where the Secretary finds the
    national interest so requires, the Secretary may temporarily
    withdraw the area to be reviewed from mineral entry or leasing
    pending such review: Provided, however, That such temporary
    withdrawal be ended as promptly as practicable and in no event
    shall exceed two years.
    (d) Limitation on designations; rights preservation; regulations
      In no event is a land area to be designated unsuitable for mining
    operations under this section on which mining operations are being
    conducted prior to the holding of a hearing on such petition in
    accordance with subsection (c) of this section. Valid existing
    rights shall be preserved and not affected by such designation.
    Designation of an area as unsuitable for mining operations under
    this section shall not prevent subsequent mineral exploration of
    such area, except that such exploration shall require the prior
    written consent of the holder of the surface estate, which consent
    shall be filed with the Secretary. The Secretary may promulgate,
    with respect to any designated area, regulations to minimize any
    adverse effects of such exploration.
    (e) Statement
      Prior to any designation pursuant to this section, the Secretary
    shall prepare a detailed statement on (i) the potential mineral
    resources of the area, (ii) the demand for such mineral resources,
    and (iii) the impact of such designation or the absence of such
    designation on the environment, economy, and the supply of such
    mineral resources.
    (f) Area withdrawal
      When the Secretary designates an area of Federal lands as
    unsuitable for all or certain types of mining operations for
    minerals and materials other than coal pursuant to this section he
    may withdraw such area from mineral entry or leasing, or condition
    such entry or leasing so as to limit such mining operations in
    accordance with his determination, if the Secretary also
    determines, based on his analysis pursuant to subsection (e) of
    this section, that the benefits resulting from such designation
    would be greater than the benefits to the regional or national
    economy which could result from mineral development of such area.
    (g) Right to appeal
      Any party with a valid legal interest who has appeared in the
    proceedings in connection with the Secretary's determination
    pursuant to this section and who is aggrieved by the Secretary's
    decision (or by his failure to act within a reasonable time) shall
    have the right of appeal for review by the United States district
    court for the district in which the pertinent area is located.

-SOURCE-
    (Pub. L. 95-87, title VI, Sec. 601, Aug. 3, 1977, 91 Stat. 515.)

-End-


-CITE-
    30 USC SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS
           PROVISIONS                                      01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
       SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS   

-End-



-CITE-
    30 USC Sec. 1291                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1291. Definitions

-STATUTE-
      For the purposes of this chapter - 
        (1) "alluvial valley floors" means the unconsolidated stream
      laid deposits holding streams where water availability is
      sufficient for subirrigation or flood irrigation agricultural
      activities but does not include upland areas which are generally
      overlain by a thin veneer of colluvial deposits composed chiefly
      of debris from sheet erosion, deposits by unconcentrated runoff
      or slope wash, together with talus, other mass movement
      accumulation and windblown deposits;
        (2) "approximate original contour" means that surface
      configuration achieved by backfilling and grading of the mined
      area so that the reclaimed area, including any terracing or
      access roads, closely resembles the general surface configuration
      of the land prior to mining and blends into and complements the
      drainage pattern of the surrounding terrain, with all highwalls
      and spoil piles eliminated; water impoundments may be permitted
      where the regulatory authority determines that they are in
      compliance with section 1265(b)(8) of this title;
        (3) "commerce" means trade, traffic, commerce, transportation,
      transmission, or communication among the several States, or
      between a State and any other place outside thereof, or between
      points in the same State which directly or indirectly affect
      interstate commerce;
        (4) "Federal lands" means any land, including mineral
      interests, owned by the United States without regard to how the
      United States acquired ownership of the land and without regard
      to the agency having responsibility for management thereof,
      except Indian lands: Provided, That for the purposes of this
      chapter lands or mineral interests east of the one hundredth
      meridian west longitude owned by the United States and entrusted
      to or managed by the Tennessee Valley Authority shall not be
      subject to sections 1304 (Surface Owner Protection) and 1305
      (Federal Lessee Protection) of this title.(!1)

        (5) "Federal lands program" means a program established by the
      Secretary pursuant to section 1273 of this title to regulate
      surface coal mining and reclamation operations on Federal lands;
        (6) "Federal program" means a program established by the
      Secretary pursuant to section 1254 of this title to regulate
      surface coal mining and reclamation operations on lands within a
      State in accordance with the requirements of this chapter;
        (7) "fund" means the Abandoned Mine Reclamation Fund
      established pursuant to section 1231 of this title;
        (8) "imminent danger to the health and safety of the public"
      means the existence of any condition or practice, or any
      violation of a permit or other requirement of this chapter in a
      surface coal mining and reclamation operation, which condition,
      practice, or violation could reasonably be expected to cause
      substantial physical harm to persons outside the permit area
      before such condition, practice, or violation can be abated. A
      reasonable expectation of death or serious injury before
      abatement exists if a rational person, subjected to the same
      conditions or practices giving rise to the peril, would not
      expose himself or herself to the danger during the time necessary
      for abatement;
        (9) "Indian lands" means all lands, including mineral
      interests, within the exterior boundaries of any Federal Indian
      reservation, notwithstanding the issuance of any patent, and
      including rights-of-way, and all lands including mineral
      interests held in trust for or supervised by an Indian tribe;
        (10) "Indian tribe" means any Indian tribe, band, group, or
      community having a governing body recognized by the Secretary;
        (11) "lands within any State" or "lands within such State"
      means all lands within a State other than Federal lands and
      Indian lands;
        (12) "Office" means the Office of Surface Mining Reclamation
      and Enforcement established pursuant to subchapter II;
        (13) "operator" means any person, partnership, or corporation
      engaged in coal mining who removes or intends to remove more than
      two hundred and fifty tons of coal from the earth by coal mining
      within twelve consecutive calendar months in any one location;
        (14) "other minerals" means clay, stone, sand, gravel,
      metalliferous and nonmetalliferous ores, and any other solid
      material or substances of commercial value excavated in solid
      form from natural deposits on or in the earth, exclusive of coal
      and those minerals which occur naturally in liquid or gaseous
      form;
        (15) "permit" means a permit to conduct surface coal mining and
      reclamation operations issued by the State regulatory authority
      pursuant to a State program or by the Secretary pursuant to a
      Federal program;
        (16) "permit applicant" or "applicant" means a person applying
      for a permit;
        (17) "permit area" means the area of land indicated on the
      approved map submitted by the operator with his application,
      which area of land shall be covered by the operator's bond as
      required by section 1259 of this title and shall be readily
      identifiable by appropriate markers on the site;
        (18) "permittee" means a person holding a permit;
        (19) "person" means an individual, partnership, association,
      society, joint stock company, firm, company, corporation, or
      other business organization;
        (20) the term "prime farmland" shall have the same meaning as
      that previously prescribed by the Secretary of Agriculture on the
      basis of such factors as moisture availability, temperature
      regime, chemical balance, permeability, surface layer
      composition, susceptibility to flooding, and erosion
      characteristics, and which historically have been used for
      intensive agricultural purposes, and as published in the Federal
      Register.(!2)

        (21) "reclamation plan" means a plan submitted by an applicant
      for a permit under a State program or Federal program which sets
      forth a plan for reclamation of the proposed surface coal mining
      operations pursuant to section 1258 of this title;
        (22) "regulatory authority" means the State regulatory
      authority where the State is administering this chapter under an
      approved State program or the Secretary where the Secretary is
      administering this chapter under a Federal program;
        (23) "Secretary" means the Secretary of the Interior, except
      where otherwise described;
        (24) "State" means a State of the United States, the District
      of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
      American Samoa, and Guam;
        (25) "State program" means a program established by a State
      pursuant to section 1253 of this title to regulate surface coal
      mining and reclamation operations, on lands within such State in
      accord with the requirements of this chapter and regulations
      issued by the Secretary pursuant to this chapter;
        (26) "State regulatory authority" means the department or
      agency in each State which has primary responsibility at the
      State level for administering this chapter;
        (27) "surface coal mining and reclamation operations" means
      surface mining operations and all activities necessary and
      incident to the reclamation of such operations after August 3,
      1977;
        (28) "surface coal mining operations" means - 
          (A) activities conducted on the surface of lands in
        connection with a surface coal mine or subject to the
        requirements of section 1266 of this title surface operations
        and surface impacts incident to an underground coal mine, the
        products of which enter commerce or the operations of which
        directly or indirectly affect interstate commerce. Such
        activities include excavation for the purpose of obtaining coal
        including such common methods as contour, strip, auger,
        mountaintop removal, box cut, open pit, and area mining, the
        uses of explosives and blasting, and in situ distillation or
        retorting, leaching or other chemical or physical processing,
        and the cleaning, concentrating, or other processing or
        preparation, loading of coal for interstate commerce at or near
        the mine site: Provided, however, That such activities do not
        include the extraction of coal incidental to the extraction of
        other minerals where coal does not exceed 16 2/3  per centum of
        the tonnage of minerals removed for purposes of commercial use
        or sale or coal explorations subject to section 1262 of this
        title; and
          (B) the areas upon which such activities occur or where such
        activities disturb the natural land surface. Such areas shall
        also include any adjacent land the use of which is incidental
        to any such activities, all lands affected by the construction
        of new roads or the improvement or use of existing roads to
        gain access to the site of such activities and for haulage, and
        excavations, workings, impoundments, dams, ventilation shafts,
        entryways, refuse banks, dumps, stockpiles, overburden piles,
        spoil banks, culm banks, tailings, holes or depressions, repair
        areas, storage areas, processing areas, shipping areas and
        other areas upon which are sited structures, facilities, or
        other property or materials on the surface, resulting from or
        incident to such activities; and (!3)


        (29) "unwarranted failure to comply" means the failure of a
      permittee to prevent the occurrence of any violation of his
      permit or any requirement of this chapter due to indifference,
      lack of diligence, or lack of reasonable care, or the failure to
      abate any violation of such permit or the chapter due to
      indifference, lack of diligence, or lack of reasonable care;
        (30) "lignite coal" means consolidated lignitic coal having
      less than 8,300 British thermal units per pound, moist and
      mineral matter free;
        (31) the term "coal laboratory", as used in subchapter VIII,
      means a university coal research laboratory established and
      operated pursuant to a designation made under section 1311 of
      this title;
        (32) the term "institution of higher education" as used in
      subchapters VIII and IX, means any such institution as defined by
      section 1001 of title 20;
        (33) the term "unanticipated event or condition" as used in
      section 1260(e) of this title means an event or condition
      encountered in a remining operation that was not contemplated by
      the applicable surface coal mining and reclamation permit; and
        (34) the term "lands eligible for remining" means those lands
      that would otherwise be eligible for expenditures under section
      1234 of this title or under section 1232(g)(4) of this title.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 701, Aug. 5, 1977, 91 Stat. 516;
    Pub. L. 102-486, title XXV, Sec. 2503(c), Oct. 24, 1992, 106 Stat.
    3103; Pub. L. 105-244, title I, Sec. 102(a)(10), Oct. 7, 1998, 112
    Stat. 1620.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445, which
    enacted this chapter and amended section 1114 of Title 18, Crimes
    and Criminal Procedure. For complete classification of this Act to
    the Code, see Short Title note set out under section 1201 of this
    title and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Par. (32). Pub. L. 105-244 substituted "section 1001" for
    "section 1141(a)".
      1992 - Pars. (33), (34). Pub. L. 102-486 added pars. (33) and
    (34).

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
    otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
    244, set out as a note under section 1001 of Title 20, Education.

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

               

    (!2) So in original. The period probably should be a semicolon.

               

    (!3) So in original. The word "and" probably should not appear.


-End-



-CITE-
    30 USC Sec. 1292                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1292. Other Federal laws

-STATUTE-
    (a) Construction of chapter as superseding, amending, modifying, or
      repealing certain laws
      Nothing in this chapter shall be construed as superseding,
    amending, modifying, or repealing the Mining and Minerals Policy
    Act of 1970 (30 U.S.C. 21a), the National Environmental Policy Act
    of 1969 (42 U.S.C. 4321-47), or any of the following Acts or with
    any rule or regulation promulgated thereunder, including, but not
    limited to - 
        (1) The Federal Metal and Nonmetallic Mine Safety Act (30
      U.S.C. 721-740).
        (2) The Federal Coal Mine Health and Safety Act of 1969 (83
      Stat. 742) [30 U.S.C. 801 et seq.].
        (3) The Federal Water Pollution Control Act (79 Stat. 903), as
      amended [33 U.S.C. 1251 et seq.], the State laws enacted pursuant
      thereto, or other Federal laws relating to preservation of water
      quality.
        (4) The Clean Air Act, as amended [42 U.S.C. 7401 et seq.].
        (5) The Solid Waste Disposal Act [42 U.S.C. 6901 et seq.].
        (6) The Refuse Act of 1899 (33 U.S.C. 407).
        (7) The Fish and Wildlife Coordination Act of 1934 (16 U.S.C.
      661-666c).
        (8) The Mineral Leasing Act of 1920, as amended (30 U.S.C. 181
      et seq.).
    (b) Effect on authority of Secretary or heads of other Federal
      agencies
      Nothing in this chapter shall affect in any way the authority of
    the Secretary or the heads of other Federal agencies under other
    provisions of law to include in any lease, license, permit,
    contract, or other instrument such conditions as may be appropriate
    to regulate surface coal mining and reclamation operations on land
    under their jurisdiction.
    (c) Cooperation
      To the greatest extent practicable each Federal agency shall
    cooperate with the Secretary and the States in carrying out the
    provisions of this chapter.
    (d) Major Federal action
      Approval of the State programs, pursuant to section 1253(b) of
    this title, promulgation of Federal programs, pursuant to section
    1254 of this title, and implementation of the Federal lands
    programs, pursuant to section 1273 of this title, shall not
    constitute a major action within the meaning of section 102(2)(C)
    of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
    Adoption of regulations under section 1251(b) of this title shall
    constitute a major action within the meaning of section 102(2)(C)
    of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 702, Aug. 3, 1977, 91 Stat. 519.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a),
    referred to in subsec. (a), is Pub. L. 91-631, Dec. 31, 1970, 84
    Stat. 1876, which enacted section 21a of this title and provisions
    set out as a note under section 21a of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 21a of this title and Tables.
      The National Environmental Policy Act of 1969 (42 U.S.C. 4321-
    47), referred to in subsec. (a), is Pub. L. 91-190, Jan. 1, 1970,
    83 Stat. 852, as amended, which is classified generally to chapter
    55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 4321 of Title 42 and Tables.
      The Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. 721-
    740), referred to in subsec. (a)(1), is Pub. L. 89-577, Sept. 16,
    1966, 80 Stat. 772, which was classified generally to chapter 21
    (Sec. 721 et seq.) of this title and was repealed by Pub. L. 95-
    164, title III, Sec. 306(a), Nov. 9, 1977, 91 Stat. 1322.
      The Federal Coal Mine Health and Safety Act of 1969 (83 Stat.
    742), referred to in subsec. (a)(2), is Pub. L. 91-173, Dec. 30,
    1969, 83 Stat. 742, as amended, which was redesignated the Federal
    Mine Safety and Health Act of 1977 by Pub. L. 95-164, title I, Sec.
    101, Nov. 9, 1977, 91 Stat. 1290, and is classified principally to
    chapter 22 (Sec. 801 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 801 of this title and Tables.
      The Federal Water Pollution Control Act (79 Stat. 903), referred
    to in subsec. (a)(3), is act June 30, 1948, ch. 758, 62 Stat. 1155,
    as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86
    Stat. 816, which is classified generally to chapter 26 (Sec. 1251
    et seq.) of Title 33, Navigation and Navigable Waters. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1251 of Title 33 and Tables.
      The Clean Air Act, referred to in subsec. (a)(4), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 7401 of Title 42
    and Tables.
      The Solid Waste Disposal Act (42 U.S.C. 3251-3259), referred to
    in subsec. (a)(5), is title II of Pub. L. 89-272, Oct. 20, 1965, 79
    Stat. 997, as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21,
    1976, 90 Stat. 2795, which is classified generally to chapter 82
    (Sec. 6901 et seq.) of Title 42. For complete classification of
    this Act to the Code, see Short Title note set out under section
    6901 of Title 42 and Tables.
      The Refuse Act of 1899 (33 U.S.C. 407), referred to in subsec.
    (a)(6), probably means act Mar. 3, 1899, ch. 425, Sec. 13, 30 Stat.
    1152, which enacted section 407 of Title 33, Navigation and
    Navigable Waters.
      The Fish and Wildlife Coordination Act of 1934 (16 U.S.C. 661-
    666c), referred to in subsec. (a)(7), is act Mar. 10, 1934, ch.
    55, 48 Stat. 401, as amended, known as the Fish and Wildlife
    Coordination Act, which is classified generally to sections 661 to
    666c of Title 16, Conservation. For complete classification of this
    Act to the Code, see Short Title note set out under section 661 of
    Title 16 and Tables.
      The Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et
    seq.), referred to in subsec. (a)(8), is act Feb. 25, 1920, ch. 85,
    41 Stat. 437, as amended, known as the Mineral Leasing Act, which
    is classified generally to chapter 3A (Sec. 181 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 181 of this title and
    Tables.

-End-



-CITE-
    30 USC Sec. 1293                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1293. Employee protection

-STATUTE-
    (a) Retaliatory practices prohibited
      No person shall discharge, or in any other way discriminate
    against, or cause to be fired or discriminated against, any
    employee or any authorized representative of employees by reason of
    the fact that such employee or representative has filed,
    instituted, or caused to be filed or instituted any proceeding
    under this chapter, or has testified or is about to testify in any
    proceeding resulting from the administration or enforcement of the
    provisions of this chapter.
    (b) Review by Secretary; investigation; notice; hearing; findings
      of fact; judicial review
      Any employee or a representative of employees who believes that
    he has been fired or otherwise discriminated against by any person
    in violation of subsection (a) of this section may, within thirty
    days after such alleged violation occurs, apply to the Secretary
    for a review of such firing or alleged discrimination. A copy of
    the application shall be sent to the person or operator who will be
    the respondent. Upon receipt of such application, the Secretary
    shall cause such investigation to be made as he deems appropriate.
    Such investigation shall provide an opportunity for a public
    hearing at the request of any party to such review to enable the
    parties to present information relating to the alleged violation.
    The parties shall be given written notice of the time and place of
    the hearing at least five days prior to the hearing. Any such
    hearing shall be of record and shall be subject to section 554 of
    title 5. Upon receiving the report of such investigation the
    Secretary shall make findings of fact. If he finds that a violation
    did occur, he shall issue a decision incorporating therein his
    findings and an order requiring the party committing the violation
    to take such affirmative action to abate the violation as the
    Secretary deems appropriate, including, but not limited to, the
    rehiring or reinstatement of the employee or representative of
    employees to his former position with compensation. If he finds
    that there was no violation, he will issue a finding. Orders issued
    by the Secretary under this subsection shall be subject to judicial
    review in the same manner as orders and decisions of the Secretary
    are subject to judicial review under this chapter.
    (c) Costs
      Whenever an order is issued under this section to abate any
    violation, at the request of the applicant a sum equal to the
    aggregate amount of all costs and expenses (including attorneys'
    fees) to have been reasonably incurred by the applicant for, or in
    connection with, the institution and prosecution of such
    proceedings, shall be assessed against the persons committing the
    violation.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 703, Aug. 3, 1977, 91 Stat. 520.)

-End-



-CITE-
    30 USC Sec. 1294                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1294. Penalty

-STATUTE-
      Any person who shall, except as permitted by law, willfully
    resist, prevent, impede, or interfere with the Secretary or any of
    his agents in the performance of duties pursuant to this chapter
    shall be punished by a fine of not more than $5,000 or by
    imprisonment for not more than one year, or both.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 704, Aug. 3, 1977, 91 Stat. 520.)

-COD-
                               CODIFICATION                           
      Section 704 of Pub. L. 95-87 also amended section 1114 of Title
    18, Crimes and Criminal Procedure.

-End-



-CITE-
    30 USC Sec. 1295                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1295. Grants to States

-STATUTE-
    (a) Assisting any State in development, administration, and
      enforcement of State programs under this chapter
      The Secretary is authorized to make annual grants to any State
    for the purpose of assisting such State in developing,
    administering, and enforcing State programs under this chapter.
    Except as provided in subsection (c) of this section, such grants
    shall not exceed 80 per centum of the total costs incurred during
    the first year, 60 per centum of total costs incurred during the
    second year, and 50 per centum of the total costs incurred during
    each year thereafter.
    (b) Assisting any State in development, administration, and
      enforcement of its State programs
      The Secretary is authorized to cooperate with and provide
    assistance to any State for the purpose of assisting it in the
    development, administration, and enforcement of its State programs.
    Such cooperation and assistance shall include - 
        (1) technical assistance and training including provision of
      necessary curricular and instruction materials, in the
      development, administration, and enforcement of the State
      programs; and
        (2) assistance in preparing and maintaining a continuing
      inventory of information on surface coal mining and reclamation
      operations for each State for the purposes of evaluating the
      effectiveness of the State programs. Such assistance shall
      include all Federal departments and agencies making available
      data relevant to surface coal mining and reclamation operations
      and to the development, administration, and enforcement of State
      programs concerning such operations.
    (c) Increases in annual grants
      If, in accordance with section 1273(d) of this title, a State
    elects to regulate surface coal mining and reclamation operations
    on Federal lands, the Secretary may increase the amount of the
    annual grants under subsection (a) of this section by an amount
    which he determines is approximately equal to the amount the
    Federal Government would have expended for such regulation if the
    State had not made such election.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 705, Aug. 3, 1977, 91 Stat. 520.)

-End-



-CITE-
    30 USC Sec. 1296                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1296. Annual report to President and Congress

-STATUTE-
      The Secretary shall submit annually to the President and the
    Congress a report concerning activities conducted by him, the
    Federal Government, and the States pursuant to this chapter. Among
    other matters, the Secretary shall include in such report
    recommendations for additional administrative or legislative action
    as he deems necessary and desirable to accomplish the purposes of
    this chapter.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 706, Aug. 3, 1977, 91 Stat. 521.)


-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in this
    section relating to requirement to submit a report annually to
    Congress, see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance, and
    page 109 of House Document No. 103-7.

-End-



-CITE-
    30 USC Sec. 1297                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1297. Separability

-STATUTE-
      If any provision of this chapter or the applicability thereof to
    any person or circumstances is held invalid, the remainder of this
    chapter and the application of such provision to other persons or
    circumstances shall not be affected thereby.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 707, Aug. 3, 1977, 91 Stat. 521.)

-End-



-CITE-
    30 USC Sec. 1298                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1298. Alaskan surface coal mine study

-STATUTE-
    (a) Contract with National Academy of Sciences-National Academy of
      Engineering
      The Secretary is directed to contract to such extent or in such
    amounts as are provided in advance in appropriation Acts with the
    National Academy of Sciences-National Academy of Engineering for an
    in-depth study of surface coal mining conditions in the State of
    Alaska in order to determine which, if any, of the provisions of
    this chapter should be modified with respect to surface coal mining
    operations in Alaska.
    (b) Report to President and Congress
      The Secretary shall report on the findings of the study to the
    President and Congress no later than two years after August 3,
    1977.
    (c) Draft of legislation
      The Secretary shall include in his report a draft of legislation
    to implement any changes recommended to this chapter.
    (d) Modification of applicability of environmental protection
      provisions of this chapter to surface coal mining operations in
      Alaska; publication in Federal Register; hearing
      Until one year after the Secretary has made this report to the
    President and Congress, or three years after August 3, 1977,
    whichever comes first, the Secretary is authorized to modify the
    applicability of any environmental protection provision of this
    chapter, or any regulation issued pursuant thereto, to any surface
    coal mining operation in Alaska from which coal has been mined
    during the year preceding August 3, 1977, if he determines that it
    is necessary to insure the continued operation of such surface coal
    mining operation. The Secretary may exercise this authority only
    after he has (1) published notice of proposed modification in the
    Federal Register and in a newspaper of general circulation in the
    area of Alaska in which the affected surface coal mining operation
    is located, and (2) held a public hearing on the proposed
    modification in Alaska.
    (e) Interim regulations
      In order to allow new mines in Alaska to continue orderly
    development, the Secretary is authorized to issue interim
    regulations pursuant to section 1251(b) of this title including
    those modifications to the environmental standards as required
    based on the special physical, hydrological and climatic conditions
    in Alaska but with the purpose of protecting the environment to an
    extent equivalent to those standards for the other coal regions.
    (f) Authorization of appropriations
      There is authorized to be appropriated for the purpose of this
    section $250,000: Provided, That no new budget authority is
    authorized to be appropriated for fiscal year 1977.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 708, Aug. 3, 1977, 91 Stat. 521.)

-End-



-CITE-
    30 USC Sec. 1299                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1299. Study of reclamation standards for surface mining of
      other minerals

-STATUTE-
    (a) Contract with National Academy of Sciences-National Academy of
      Engineering; requirements
      The Chairman of the Council on Environmental Quality is directed
    to contract to such extent or in such amounts as are provided in
    appropriation Acts with the National Academy of Sciences-National
    Academy of Engineering, other Government agencies or private groups
    as appropriate, for an in-depth study of current and developing
    technology for surface and open pit mining and reclamation for
    minerals other than coal designed to assist in the establishment of
    effective and reasonable regulation of surface and open pit mining
    and reclamation for minerals other than coal. The study shall - 
        (1) assess the degree to which the requirements of this chapter
      can be met by such technology and the costs involved;
        (2) identify areas where the requirements of this chapter
      cannot be met by current and developing technology;
        (3) in those instances describe requirements most comparable to
      those of this chapter which could be met, the costs involved, and
      the differences in reclamation results between these requirements
      and those of this chapter; and
        (4) discuss alternative regulatory mechanisms designed to
      insure the achievement of the most beneficial postmining land use
      for areas affected by surface and open pit mining.
    (b) Submittal of study with legislative recommendation to President
      and Congress
      The study together with specific legislative recommendations
    shall be submitted to the President and the Congress no later than
    eighteen months after August 3, 1977: Provided, That, with respect
    to surface or open pit mining for sand and gravel the study shall
    be submitted no later than twelve months after August 3, 1977:
    Provided further, That with respect to mining for oil shale and tar
    sands that a preliminary report shall be submitted no later than
    twelve months after August 3, 1977.
    (c) Authorization of appropriations
      There are authorized to be appropriated for the purpose of this
    section $500,000: Provided, That no new budget authority is
    authorized to be appropriated for fiscal year 1977.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 709, Aug. 3, 1977, 91 Stat. 522.)

-End-



-CITE-
    30 USC Sec. 1300                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1300. Indian lands

-STATUTE-
    (a) Study of regulation of surface mining; consultation with tribe;
      proposed legislation
      The Secretary is directed to study the question of the regulation
    of surface mining on Indian lands which will achieve the purpose of
    this chapter and recognize the special jurisdictional status of
    these lands. In carrying out this study the Secretary shall consult
    with Indian tribes. The study report shall include proposed
    legislation designed to allow Indian tribes to elect to assume full
    regulatory authority over the administration and enforcement of
    regulation of surface mining of coal on Indian lands.
    (b) Submittal of study to Congress
      The study report required by subsection (a) of this section
    together with drafts of proposed legislation and the view of each
    Indian tribe which would be affected shall be submitted to the
    Congress as soon as possible but not later than January 1, 1978.
    (c) Compliance with interim environmental protection standards of
      this chapter
      On and after one hundred and thirty-five days from August 3,
    1977, all surface coal mining operations on Indian lands shall
    comply with requirements at least as stringent as those imposed by
    subsections (b)(2), (b)(3), (b)(5), (b)(10), (b)(13), (b)(19), and
    (d) of section 1265 of this title and the Secretary shall
    incorporate the requirements of such provisions in all existing and
    new leases issued for coal on Indian lands.
    (d) Compliance with permanent environmental protection standards of
      this chapter
      On and after thirty months from August 3, 1977, all surface coal
    mining operations on Indian lands shall comply with requirements at
    least as stringent as those imposed by sections 1257, 1258, 1259,
    1260, 1265, 1266, 1267, and 1269 of this title and the Secretary
    shall incorporate the requirements of such provisions in all
    existing and new leases issued for coal on Indian lands.
    (e) Inclusion and enforcement of terms and conditions of leases
      With respect to leases issued after August 3, 1977, the Secretary
    shall include and enforce terms and conditions in addition to those
    required by subsections (c) and (d) of this section as may be
    requested by the Indian tribe in such leases.
    (f) Approval of changes in terms and conditions of leases
      Any change required by subsection (c) or (d) of this section in
    the terms and conditions of any coal lease on Indian lands existing
    on August 3, 1977, shall require the approval of the Secretary.
    (g) Participation of tribes
      The Secretary shall provide for adequate participation by the
    various Indian tribes affected in the study authorized in this
    section and not more than $700,000 of the funds authorized in
    section 1302(a) of this title shall be reserved for this purpose.
    (h) Jurisdictional status
      The Secretary shall analyze and make recommendations regarding
    the jurisdictional status of Indian Lands (!1) outside the exterior
    boundaries of Indian reservations: Provided, That nothing in this
    chapter shall change the existing jurisdictional status of Indian
    Lands.(!1)

    (i) Grants
      The Secretary shall make grants to the Navajo, Hopi, Northern
    Cheyenne, and Crow tribes to assist such tribes in developing
    regulations and programs for regulating surface coal mining and
    reclamation operations on Indian lands. Grants made under this
    subsection shall be used to establish an office of surface mining
    regulation for each such tribe. Each such office shall - 
        (1) develop tribal regulations and program policies with
      respect to surface mining;
        (2) assist the Office of Surface Mining Reclamation and
      Enforcement established by section 1211 of this title in the
      inspection and enforcement of surface mining activities on Indian
      lands, including, but not limited to, permitting, mine plan
      review, and bond release; and
        (3) sponsor employment training and education in the area of
      mining and mineral resources.
    (j) Tribal regulatory authority
      (1) Tribal regulatory programs
        (A) In general
          Notwithstanding any other provision of law, an Indian tribe
        may apply for, and obtain the approval of, a tribal program
        under section 1253 of this title regulating in whole or in part
        surface coal mining and reclamation operations on reservation
        land under the jurisdiction of the Indian tribe using the
        procedures of section 1254(e) of this title.
        (B) References to State
          For purposes of this subsection and the implementation and
        administration of a tribal program under subchapter V, any
        reference to a "State" in this chapter shall be considered to
        be a reference to a "tribe".
      (2) Conflicts of interest
        (A) In general
          The fact that an individual is a member of an Indian tribe
        does not in itself constitute a violation of section 1211(f) of
        this title.
        (B) Employees of tribal regulatory authority
          Any employee of a tribal regulatory authority shall not be
        eligible for a per capita distribution of any proceeds from
        coal mining operations conducted on Indian reservation lands
        under this chapter.
      (3) Sovereign immunity
        To receive primary regulatory authority under section 1254(e)
      of this title, an Indian tribe shall waive sovereign immunity for
      purposes of section 1270 of this title and paragraph (4).
      (4) Judicial review
        (A) Civil actions
          (i) In general
            After exhausting all tribal remedies with respect to a
          civil action arising under a tribal program approved under
          section 1254(e) of this title, an interested party may file a
          petition for judicial review of the civil action in the
          United States circuit court for the circuit in which the
          surface coal mining operation named in the petition is
          located.
          (ii) Scope of review
            (I) Questions of law
              The United States circuit court shall review de novo any
            questions of law under clause (i).
            (II) Findings of fact
              The United States circuit court shall review findings of
            fact under clause (i) using a clearly erroneous standard.
        (B) Criminal actions
          Any criminal action brought under section 1268 of this title
        with respect to surface coal mining or reclamation operations
        on Indian reservation lands shall be brought in - 
            (i) the United States District Court for the District of
          Columbia; or
            (ii) the United States district court in which the criminal
          activity is alleged to have occurred.
      (5) Grants
        (A) In general
          Except as provided in subparagraph (B), grants for
        developing, administering, and enforcing tribal programs
        approved in accordance with section 1254(e) of this title shall
        be provided to an Indian tribe in accordance with section 1295
        of this title.
        (B) Exception
          Notwithstanding subparagraph (A), the Federal share of the
        costs of developing, administering, and enforcing an approved
        tribal program shall be 100 percent.
      (6) Report
        Not later than 18 months after the date on which a tribal
      program is approved under subsection (e) of section 1254 of this
      title, the Secretary shall submit to the appropriate committees
      of Congress a report, developed in cooperation with the
      applicable Indian tribe, on the tribal program that includes a
      recommendation of the Secretary on whether primary regulatory
      authority under that subsection should be expanded to include
      additional Indian lands.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 710, Aug. 3, 1977, 91 Stat. 523;
    Pub. L. 102-486, title XXV, Sec. 2514, Oct. 24, 1992, 106 Stat.
    3112; Pub. L. 109-432, div. C, title II, Sec. 209, Dec. 20, 2006,
    120 Stat. 3019.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (i). Pub. L. 109-432, Sec. 209(b), struck out ",
    except that nothing in this subsection may be construed as
    providing such tribes with the authorities set forth under section
    1253 of this title" after "Indian lands" in introductory
    provisions.
      Subsec. (j). Pub. L. 109-432, Sec. 209(a), added subsec. (j).
      1992 - Subsec. (i). Pub. L. 102-486 added subsec. (i).

-FOOTNOTE-
    (!1) So in original. Probably should be "lands".


-End-



-CITE-
    30 USC Sec. 1301                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1301. Environmental practices

-STATUTE-
      In order to encourage advances in mining and reclamation
    practices or to allow post-mining land use for industrial,
    commercial, residential, or public use (including recreational
    facilities), the regulatory authority with approval by the
    Secretary may authorize departures in individual cases on an
    experimental basis from the environmental protection performance
    standards promulgated under sections 1265 and 1266 of this title.
    Such departures may be authorized if (i) the experimental practices
    are potentially more or at least as environmentally protective,
    during and after mining operations, as those required by
    promulgated standards; (ii) the mining operations approved for
    particular land-use or other purposes are not larger or more
    numerous than necessary to determine the effectiveness and economic
    feasibility of the experimental practices; and (iii) the
    experimental practices do not reduce the protection afforded public
    health and safety below that provided by promulgated standards.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 711, Aug. 3, 1977, 91 Stat. 523.)

-End-



-CITE-
    30 USC Sec. 1302                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1302. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated to the Secretary for the
    purposes of this chapter the following sums; and all such funds
    appropriated shall remain available until expended:
      (a) For the implementation and funding of sections 1252, 1273,
    and 1300 of this title, there are authorized to be appropriated to
    the Secretary of the Interior the sum of $10,000,000 for the fiscal
    year ending September 30, 1978, $25,000,000 for each of the two
    succeeding fiscal years, and in such fiscal years such additional
    amounts as may be necessary for increases in salary, pay,
    retirement, other employee benefits authorized by law, and other
    nondiscretionary costs.
      (b) For the implementation and funding of section 1257(c) of this
    title, see the provisions of section 1231(c)(9) of this title.
      (c) For the implementation and funding of section 1295 of this
    title and for the administrative and other purposes of this
    chapter, except as otherwise provided for in this chapter,
    authorization is provided for the sum of $20,000,000 for the fiscal
    year ending September 30, 1978, and $30,000,000 for each of the two
    succeeding fiscal years and such funds that are required
    thereafter.
      (d) In order that the implementation of the requirements of this
    chapter may be initiated in a timely and orderly manner, the
    Secretary is authorized, subject to the approval of the
    appropriation Committees of the House and of the Senate, to utilize
    not to exceed $2,000,000 of the appropriations otherwise available
    to him for the fiscal year ending September 30, 1977, for the
    administration and other purposes of this chapter.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 712, Aug. 3, 1977, 91 Stat. 524;
    Pub. L. 95-343, Sec. 1, Aug. 11, 1978, 92 Stat. 473; Pub. L. 101-
    508, title VI, Sec. 6012(b), Nov. 5, 1990, 104 Stat. 1388-298;
    Pub. L. 109-432, div. C, title II, Sec. 201(b), Dec. 20, 2006, 120
    Stat. 3008.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-432 substituted "1231(c)(9)" for
    "1231(c)(11)".
      1990 - Subsec. (b). Pub. L. 101-508 amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "For
    the implementation and funding of section 1257(c) of this title
    there are authorized to be appropriated sums reserved by section
    1231(b)(1) of this title for the purposes of section 1257(c) of
    this title and such additional sums as may be necessary (i) for the
    fiscal year ending September 30, 1978, to provide an amount not to
    exceed $10,000,000 to carry out the purposes of section 1257(c) of
    this title and (ii) for the fiscal years ending September 30, 1979,
    and September 30, 1980, to provide an amount not to exceed
    $25,000,000 to carry out the purposes of section 1257(c) of this
    title."
      1978 - Subsec. (a). Pub. L. 95-343, Sec. 1(1), increased
    authorization from $10,000,000 to $25,000,000 for each of the two
    succeeding fiscal years, and inserted provisions authorizing such
    necessary additional amounts for increases in salary, etc.
      Subsec. (b). Pub. L. 95-343, Sec. 1(2), substituted provisions
    authorizing appropriations of not to exceed $10,000,000 for fiscal
    year ending Sept. 30, 1978, and not to exceed $25,000,000 for each
    of fiscal years ending Sept. 30, 1979, and 1980, for provisions
    authorizing appropriations of not to exceed $10,000,000 and such
    additional amounts as are necessary for fiscal year ending Sept.
    30, 1978, and for each fiscal year for a period of fifteen fiscal
    years thereafter.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508, effective Oct. 1, 1991, see section
    6014 of Pub. L. 101-508 set out as a note under section 1231 of
    this title.

                  CREDITING PERFORMANCE BOND FORFEITURES              
      Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-244, provided in part that:
    "Notwithstanding 31 U.S.C. 3302, an additional amount shall be
    credited to this account, to remain available until expended, from
    performance bond forfeitures in fiscal year 1999 and thereafter."

            COST-BASED FEES FOR PRODUCTS OF MINE MAP REPOSITORY        
      Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-244, provided in part that: "Beginning in
    fiscal year 1999 and thereafter, cost-based fees for the products
    of the Mine Map Repository shall be established (and revised as
    needed) in Federal Register Notices, and shall be collected and
    credited to this account, to be available until expended for the
    costs of administering this program."

-End-



-CITE-
    30 USC Sec. 1303                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1303. Coordination of regulatory and inspection activities

-STATUTE-
      (a) The President shall, to the extent appropriate, and in
    keeping with the particular enforcement requirements of each Act
    referred to herein, insure the coordination of regulatory and
    inspection activities among the departments, agencies, and
    instrumentalities to which such activities are assigned by this
    chapter, by the Clean Air Act [42 U.S.C. 7401 et seq.], by the
    Water Pollution Control Act [33 U.S.C. 1251 et seq.], by the
    Department of Energy Organization Act [42 U.S.C. 7101 et seq.], and
    by existing or subsequently enacted Federal mine safety and health
    laws, except that no such coordination shall be required with
    respect to mine safety and health inspections, advance notice of
    which is or may be prohibited by existing or subsequently enacted
    Federal mine safety and health laws.
      (b) The President may execute the coordination required by this
    section by means of an Executive order, or by any other mechanism
    he determines to be appropriate.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 713, Aug. 3, 1977, 91 Stat. 524.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsec. (a), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 7401 of Title 42
    and Tables.
      The Water Pollution Control Act, referred to in subsec. (a),
    probably means act June 30, 1948, ch. 758, 62 Stat. 1155, known as
    the Federal Water Pollution Control Act, as amended generally by
    Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is
    classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,
    Navigation and Navigable Waters. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1251 of Title 33 and Tables.
      The Department of Energy Organization Act, referred to in subsec.
    (a), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended,
    which is classified principally to chapter 84 (Sec. 7101 et seq.)
    of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7101 of Title 42 and Tables.

-End-



-CITE-
    30 USC Sec. 1304                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1304. Surface owner protection

-STATUTE-
    (a) Applicability
      The provisions of this section shall apply where coal owned by
    the United States under land the surface rights to which are owned
    by a surface owner as defined in this section is to be mined by
    methods other than underground mining techniques.
    (b) Lease of coal deposits governed by section 201 of this title
      Any coal deposits subject to this section shall be offered for
    lease pursuant to section 201(a) of this title.
    (c) Consent to lease by surface owner
      The Secretary shall not enter into any lease of Federal coal
    deposits until the surface owner has given written consent to enter
    and commence surface mining operations and the Secretary has
    obtained evidence of such consent. Valid written consent given by
    any surface owner prior to August 3, 1977, shall be deemed
    sufficient for the purposes of complying with this section.
    (d) Preferences
      In order to minimize disturbance to surface owners from surface
    coal mining of Federal coal deposits and to assist in the
    preparation of comprehensive land-use plans required by section
    201(a) of this title, the Secretary shall consult with any surface
    owner whose land is proposed to be included in a leasing tract and
    shall ask the surface owner to state his preference for or against
    the offering of the deposit under his land for lease. The Secretary
    shall, in his discretion but to the maximum extent practicable,
    refrain from leasing coal deposits for development by methods other
    than underground mining techniques in those areas where a
    significant number of surface owners have stated a preference
    against the offering of the deposits for lease.
    (e) "Surface owner" defined
      For the purpose of this section the term "surface owner" means
    the natural person or persons (or corporation, the majority stock
    of which is held by a person or persons who meet the other
    requirements of this section) who - 
        (1) hold legal or equitable title to the land surface;
        (2) have their principal place of residence on the land; or
      personally conduct farming or ranching operations upon a farm or
      ranch unit to be affected by surface coal mining operations; or
      receive directly a significant portion of their income, if any,
      from such farming or ranching operations; and
        (3) have met the conditions of paragraphs (1) and (2) for a
      period of at least three years prior to the granting of the
      consent.

    In computing the three-year period the Secretary may include
    periods during which title was owned by a relative of such person
    by blood or marriage during which period such relative would have
    met the requirements of this subsection.
    (f) Exception
      This section shall not apply to Indian lands.
    (g) Effect on property rights of United States or any other
      landowner
      Nothing in this section shall be construed as increasing or
    diminishing any property rights by the United States or by any
    other landowner.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 714, Aug. 3, 1977, 91 Stat. 524.)

-End-



-CITE-
    30 USC Sec. 1305                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1305. Federal lessee protection

-STATUTE-
      In those instances where the coal proposed to be mined by surface
    coal mining operations is owned by the Federal Government and the
    surface is subject to a lease or a permit issued by the Federal
    Government, the application for a permit shall include either:
        (1) the written consent of the permittee or lessee of the
      surface lands involved to enter and commence surface coal mining
      operations on such land, or in lieu thereof;
        (2) evidence of the execution of a bond or undertaking to the
      United States or the State, whichever is applicable, for the use
      and benefit of the permittee or lessee of the surface lands
      involved to secure payment of any damages to the surface estate
      which the operations will cause to the crops, or to the tangible
      improvements of the permittee or lessee of the surface lands as
      may be determined by the parties involved, or as determined and
      fixed in an action brought against the operator or upon the bond
      in a court of competent jurisdiction. This bond is in addition to
      the performance bond required for reclamation under this chapter.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 715, Aug. 3, 1977, 91 Stat. 525.)

-End-



-CITE-
    30 USC Sec. 1306                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1306. Effect on rights of owner of coal in Alaska to conduct
      surface mining operations

-STATUTE-
      Nothing in this chapter shall be construed as increasing or
    diminishing the rights of any owner of coal in Alaska to conduct or
    authorize surface coal mining operations for coal which has been or
    is hereafter conveyed out of Federal ownership to the State of
    Alaska or pursuant to the Alaska Native Claims Settlement Act [43
    U.S.C. 1601 et seq.]: Provided, That such surface coal mining
    operations meet the requirements of this chapter.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 716, Aug. 3, 1977, 91 Stat. 526.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Native Claims Settlement Act, referred to in text, is
    Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
    classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,
    Public Lands. For complete classification of this Act to the Code,
    see Short Title note set out under section 1601 of Title 43 and
    Tables.

-End-



-CITE-
    30 USC Sec. 1307                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1307. Water rights and replacement

-STATUTE-
      (a) Nothing in this chapter shall be construed as affecting in
    any way the right of any person to enforce or protect, under
    applicable law, his interest in water resources affected by a
    surface coal mining operation.
      (b) The operator of a surface coal mine shall replace the water
    supply of an owner of interest in real property who obtains all or
    part of his supply of water for domestic, agricultural, industrial,
    or other legitimate use from an underground or surface source where
    such supply has been affected by contamination, diminution, or
    interruption proximately resulting from such surface coal mine
    operation.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 717, Aug. 3, 1977, 91 Stat. 526.)

-End-



-CITE-
    30 USC Sec. 1308                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1308. Advance appropriations

-STATUTE-
      Notwithstanding any other provision of this chapter, no authority
    to make payments under this chapter shall be effective except to
    such extent or in such amounts as are provided in advance in
    appropriation Acts.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 718, Aug. 3, 1977, 91 Stat. 526.)

-End-



-CITE-
    30 USC Sec. 1309                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1309. Certification and training of blasters

-STATUTE-
      In accordance with this chapter, the Secretary of the Interior
    (or the approved State regulatory authority as provided for in
    section 1253 of this title) shall promulgate regulations requiring
    the training, examination, and certification of persons engaging in
    or directly responsible for blasting or use of explosives in
    surface coal mining operations.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 719, Aug. 3, 1977, 91 Stat. 526.)

-End-



-CITE-
    30 USC Sec. 1309a                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1309a. Subsidence

-STATUTE-
    (a) Requirements
      Underground coal mining operations conducted after October 24,
    1992, shall comply with each of the following requirements:
        (1) Promptly repair, or compensate for, material damage
      resulting from subsidence caused to any occupied residential
      dwelling and structures related thereto, or non-commercial
      building due to underground coal mining operations. Repair of
      damage shall include rehabilitation, restoration, or replacement
      of the damaged occupied residential dwelling and structures
      related thereto, or non-commercial building. Compensation shall
      be provided to the owner of the damaged occupied residential
      dwelling and structures related thereto or non-commercial
      building and shall be in the full amount of the diminution in
      value resulting from the subsidence. Compensation may be
      accomplished by the purchase, prior to mining, of a
      noncancellable premium-prepaid insurance policy.
        (2) Promptly replace any drinking, domestic, or residential
      water supply from a well or spring in existence prior to the
      application for a surface coal mining and reclamation permit,
      which has been affected by contamination, diminution, or
      interruption resulting from underground coal mining operations.

    Nothing in this section shall be construed to prohibit or interrupt
    underground coal mining operations.
    (b) Regulations
      Within one year after October 24, 1992, the Secretary shall,
    after providing notice and opportunity for public comment,
    promulgate final regulations to implement subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 720, as added Pub. L. 102-486,
    title XXV, Sec. 2504(a)(1), Oct. 24, 1992, 106 Stat. 3104.)


-MISC1-
          REVIEW OF EXISTING REQUIREMENTS AND REPORT TO CONGRESS      
      Section 2504(a)(2) of Pub. L. 102-486 directed Secretary of the
    Interior to review existing requirements related to underground
    coal mine subsidence and natural gas and petroleum pipeline safety,
    submit a report detailing results of review to Committee on Energy
    and Natural Resources of Senate and Committee on Interior and
    Insular Affairs of House of Representatives within 18 months of
    Oct. 24, 1992, and, where appropriate, to commence a rulemaking to
    address any deficiencies in existing law determined in the review
    regarding notification, coordination and mitigation.

-End-



-CITE-
    30 USC Sec. 1309b                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1309b. Research

-STATUTE-
      The Office of Surface Mining Reclamation and Enforcement is
    authorized to conduct studies, research and demonstration projects
    relating to the implementation of, and compliance with, subchapter
    V of this chapter, and provide technical assistance to states (!1)
    for that purpose. Prior to approving any such studies, research or
    demonstration projects the Director, Office of Surface Mining
    Reclamation and Enforcement, shall first consult with the Director,
    Bureau of Mines, and obtain a determination from such Director that
    the Bureau of Mines is not already conducting like or similar
    studies, research or demonstration projects. Studies, research and
    demonstration projects for the purposes of subchapter IV of this
    chapter shall only be conducted in accordance with section
    1231(c)(6) (!2) of this title.



-SOURCE-
    (Pub. L. 95-87, title VII, Sec. 721, as added Pub. L. 102-486,
    title XXV, Sec. 2504(c)(3), Oct. 24, 1992, 106 Stat. 3105.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1231(c)(6) of this title, referred to in text, was
    repealed and paragraph (8) of section 1231(c) was redesignated (6)
    by Pub. L. 109-432, div. C, title II, Sec. 201(a)(1), Dec. 20,
    2006, 120 Stat. 3006.

-CHANGE-
                              CHANGE OF NAME                          
      Bureau of Mines redesignated United States Bureau of Mines by
    section 10(b) of Pub. L. 102-285, set out as a note under section 1
    of this title. For provisions relating to closure and transfer of
    functions of the United States Bureau of Mines, see Transfer of
    Functions note set out under section 1 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

    (!2) See References in Text note below.


-End-


-CITE-
    30 USC SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH
           LABORATORIES                                    01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
          SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES      

-End-



-CITE-
    30 USC Sec. 1311                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
    Sec. 1311. Establishment of university coal research laboratories

-STATUTE-
    (a) Designation by Secretary of Energy
      The Secretary of Energy, after consultation with the National
    Academy of Engineering, shall designate thirteen institutions of
    higher education at which university coal research laboratories
    will be established and operated. Ten such designations shall be
    made as provided in subsection (e) of this section and the
    remaining three shall be made in fiscal year 1980.
    (b) Criteria
      In making designations under this section, the Secretary of
    Energy shall consider the following criteria:
        (1) Those ten institutions of higher education designated as
      provided in subsection (e) of this section shall be located in a
      State with abundant coal reserves.
        (2) The institution of higher education shall have experience
      in coal research, expertise in several areas of coal research,
      and potential or currently active, outstanding programs in coal
      research.
        (3) The institution of higher education has the capacity to
      establish and operate the coal laboratories to be assisted under
      this subchapter.
    (c) Location of coal laboratories
      Not more than one coal laboratory established pursuant to this
    subchapter shall be located in a single State and at least one coal
    laboratory shall be established within each of the major coal
    provinces recognized by the United States Bureau of Mines,
    including Alaska.
    (d) Period for submission of applications for designation; contents
      The Secretary of Energy shall establish a period, not in excess
    of ninety days after August 3, 1977, for the submission of
    applications for designation under this section. Any institution of
    higher education desiring to be designated under this subchapter
    shall submit an application to the Secretary of Energy in such
    form, at such time, and containing or accompanied by such
    information as the Secretary of Energy may reasonably require. Each
    application shall - 
        (1) describe the facilities to be established for coal energy
      resources and conversion research and research on related
      environmental problems including facilities for interdisciplinary
      academic research projects by the combined efforts of specialists
      such as mining engineers, mineral engineers, geochemists,
      mineralogists, mineral economists, fuel scientists, combustion
      engineers, mineral preparation engineers, coal petrographers,
      geologists, chemical engineers, civil engineers, mechanical
      engineers, and ecologists;
        (2) set forth a program for the establishment of a test
      laboratory for coal characterization which, in addition, may be
      used as a site for the exchange of coal research activities by
      representatives of private industry engaged in coal research and
      characterization;
        (3) set forth a program for providing research and development
      activities for students engaged in advanced study in any
      discipline which is related to the development of adequate energy
      supplies in the United States. The research laboratory shall be
      associated with an ongoing educational and research program on
      extraction and utilization of coal.
    (e) Time limit
      The Secretary of Energy shall designate the ten institutions of
    higher education under this section not later than ninety days
    after the date on which such applications are to be submitted.

-SOURCE-
    (Pub. L. 95-87, title VIII, Sec. 801, Aug. 3, 1977, 91 Stat. 526;
    Pub. L. 95-617, title VI, Sec. 604(a), (c), Nov. 9, 1978, 92 Stat.
    3166, 3167; Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat.
    172.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-617, Sec. 604(a), substituted "The
    Secretary of Energy" for "The Administrator, Energy Research and
    Development Administration (hereafter referred to as
    'Administrator' in this subchapter)" and "shall designate thirteen
    institutions" for "is authorized and directed to designate ten
    institutions" and inserted provision that ten such designations be
    made as provided in subsection (e) of this section and the
    remaining three be made in fiscal year 1980.
      Subsec. (b). Pub. L. 95-617, Sec. 604(a), (c), substituted in
    provisions preceding par. (1) "Secretary of Energy" for
    "Administrator" and in par. (1) "Those ten institutions of higher
    education designated as provided in subsection (e) of this section"
    for "The institution of higher education".
      Subsecs. (d), (e). Pub. L. 95-617, Sec. 604(c), substituted
    "Secretary of Energy" for "Administrator" wherever appearing.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (c) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.

-End-



-CITE-
    30 USC Sec. 1312                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
    Sec. 1312. Financial assistance

-STATUTE-
      (a) The Secretary of Energy is authorized to make grants to any
    institution of higher education designated under section 1311 of
    this title to pay the Federal share of the cost of establishing
    (including the construction of such facilities as may be necessary)
    and maintaining a coal laboratory.
      (b) Each institution of higher education designated pursuant to
    section 1311 of this title shall submit an application to the
    Secretary of Energy. Each such application shall - 
        (1) set forth the program to be conducted at the coal
      laboratory which includes the purposes set forth in section
      1311(d) of this title;
        (2) provide assurances that the university will pay from non-
      Federal sources the remaining costs of carrying out the program
      set forth;
        (3) provide such fiscal control and fund accounting procedures
      as may be necessary to assure the proper disbursement of and
      accounting for Federal funds received under this subchapter;
        (4) provide for making an annual report which shall include a
      description of the activities conducted at the coal laboratory
      and an evaluation of the success of such activities, and such
      other necessary reports in such form and containing such
      information as the Secretary of Energy may require, and for
      keeping such records and affording such access thereto as may be
      necessary to assure the correctness and verification of such
      reports; and
        (5) set forth such policies and procedures as will insure that
      Federal funds made available under this section for any fiscal
      year will be so used as to supplement and, to the extent
      practical, increase the level of funds that would, in the absence
      of such Federal funds, be made available for the purposes of the
      activities described in subsections (d)(1), (2), and (3) of
      section 1311 of this title, and in no case supplant such funds.

-SOURCE-
    (Pub. L. 95-87, title VIII, Sec. 802, Aug. 3, 1977, 91 Stat. 527;
    Pub. L. 95-617, title VI, Sec. 604(c), Nov. 9, 1978, 92 Stat.
    3167.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-617 substituted "Secretary of Energy" for
    "Administrator" wherever appearing.

-End-



-CITE-
    30 USC Sec. 1313                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
    Sec. 1313. Limitation on payments

-STATUTE-
      (a) No institutions of higher education may receive more than
    $4,000,000 for the construction of its coal research laboratory,
    including initially installed fixed equipment, nor may it receive
    more than $1,500,000 for initially installed movable equipment, nor
    may it receive more than $500,000 for new program startup expenses.
      (b) No institution of higher education may receive more than
    $1,500,000 per year from the Federal Government for operating
    expenses.

-SOURCE-
    (Pub. L. 95-87, title VIII, Sec. 803, Aug. 3, 1977, 91 Stat. 528.)

-End-



-CITE-
    30 USC Sec. 1314                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
    Sec. 1314. Payments; Federal share of operating expenses

-STATUTE-
      (a) From the amounts appropriated pursuant to section 1316 of
    this title, the Secretary of Energy shall pay to each institution
    of higher education having an application approved under this
    subchapter an amount equal to the Federal share of the cost of
    carrying out that application. Such payments may be in
    installments, by way of reimbursement, or by way of advance with
    necessary adjustments on account of underpayments or overpayments.
      (b) The Federal share of operating expenses for any fiscal year
    shall not exceed 50 per centum of the cost of the operation of a
    coal research laboratory.

-SOURCE-
    (Pub. L. 95-87, title VIII, Sec. 804, Aug. 3, 1977, 91 Stat. 528;
    Pub. L. 95-617, title VI, Sec. 604(c), Nov. 9, 1978, 92 Stat.
    3167.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-617 substituted "Secretary of
    Energy" for "Administrator" wherever appearing.

-End-



-CITE-
    30 USC Sec. 1315                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
    Sec. 1315. Advisory Council on Coal Research

-STATUTE-
    (a) Establishment; members
      There is established an Advisory Council on Coal Research which
    shall be composed of - 
        (1) the Secretary of Energy, who shall be Chairman;
        (2) the Director of the United States Bureau of Mines of the
      Department of the Interior;
        (3) the President of the National Academy of Sciences;
        (4) the President of the National Academy of Engineering;
        (5) the Director of the United States Geological Survey; and
        (6) six members appointed by the Secretary of Energy from among
      individuals who, by virtue of experience or training, are
      knowledgeable in the field of coal research and mining, and who
      are representatives of institutions of higher education,
      industrial users of coal and coal-derived fuels, the coal
      industry, mine workers, nonindustrial consumer groups, and
      institutions concerned with the preservation of the environment.
    (b) Furnishing advice to Secretary of Energy
      The Advisory Council shall advise the Secretary of Energy with
    respect to the general administration of this subchapter, and
    furnish such additional advice as he may request.
    (c) Annual report to President; transmittal to Congress
      The Advisory Council shall make an annual report of its findings
    and recommendations (including recommendations for changes in the
    provisions of this subchapter) to the President not later than
    December 31 of each calendar year. The President shall transmit
    each such report to the Congress.
    (d) Compensation and travel expenses
      (1) Members of the Council who are not regular officers or
    employees of the United States Government shall, while serving on
    business of the Council, be entitled to receive compensation at
    rates fixed by the Secretary of Energy but not exceeding the daily
    rate prescribed for GS-18 of the General Schedule under section
    5332 of title 5 and while so serving away from their homes or
    regular places of business, they may be allowed travel expenses,
    including per diem in lieu of subsistence, as authorized by section
    5703 of title 5 for persons in the Government service employed
    intermittently.
      (2) Members of the Council who are officers or employees of the
    Government shall be reimbursed for travel, subsistence, and other
    necessary expenses incurred by them in carrying out their duties on
    the Council.
    (e) Alternate members
      Whenever a member of the Council appointed under clauses (1)
    through (5) is unable to attend a meeting, that member shall
    appoint an appropriate alternate to represent him for that meeting.

-SOURCE-
    (Pub. L. 95-87, title VIII, Sec. 805, Aug. 3, 1977, 91 Stat. 528;
    Pub. L. 95-617, title VI, Sec. 604(c), Nov. 9, 1978, 92 Stat. 3167;
    Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-617 substituted "Secretary of Energy" for
    "Administrator" wherever appearing.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (a)(2) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of this title. For provisions
    relating to closure and transfer of functions of the United States
    Bureau of Mines, see Transfer of Functions note set out under
    section 1 of this title.


-MISC2-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (c) of this section relating to requirement that the President
    transmit each annual report to Congress, see section 3003 of Pub.
    L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance, and page 153 of House Document No. 103-
    7.

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a committee
    established by the President or an officer of the Federal
    Government, such committee is renewed by appropriate action prior
    to the expiration of such 2-year period, or in the case of a
    committee established by the Congress, its duration is otherwise
    provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,
    1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-



-CITE-
    30 USC Sec. 1316                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES

-HEAD-
    Sec. 1316. Authorization of appropriations

-STATUTE-
      (a) For the ten institutions referred to in the last sentence of
    section 1311(a) of this title, there are authorized to be
    appropriated not to exceed $30,000,000 for the fiscal year ending
    September 30, 1979 (including the cost of construction, equipment,
    and startup expenses), and not to exceed $7,500,000 for the fiscal
    year 1980 and for each fiscal year thereafter through the fiscal
    year ending before October 1, 1984, to carry out the provisions of
    this subchapter.
      (b) For the three remaining institutions referred to in the last
    sentence of section 1311(a) of this title, there are authorized to
    be appropriated not to exceed $6,500,000 for the fiscal year 1980
    (including the cost of construction, equipment, and startup
    expenses), and not to exceed $2,000,000 for each fiscal year after
    fiscal year 1980 ending before October 1, 1984, to carry out the
    provisions of this subchapter.

-SOURCE-
    (Pub. L. 95-87, title VIII, Sec. 806, Aug. 3, 1977, 91 Stat. 529;
    Pub. L. 95-617, title VI, Sec. 604(b), Nov. 9, 1978, 92 Stat.
    3166.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-617 designated existing provisions as subsec.
    (a), inserted reference to ten institutions referred to in last
    sentence of section 1311(a) of this title and substituted
    provisions authorizing appropriations for each fiscal year
    thereafter through the fiscal year ending before October 1, 1984,
    for provisions authorizing appropriations each fiscal year
    thereafter through the fiscal year ending June 30, 1983, and added
    subsec. (b).

-End-


-CITE-
    30 USC SUBCHAPTER IX - ENERGY RESOURCE GRADUATE
           FELLOWSHIPS                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
           SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS       

-End-



-CITE-
    30 USC Sec. 1321                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1321. Fellowship awards

-STATUTE-
    (a) Graduate study and research in areas of applied science and
      engineering relating to production, conservation, and utilization
      of fuels and energy
      The Secretary of Energy is authorized to award under the
    provisions of this subchapter not to exceed one thousand
    fellowships for the fiscal year ending September 30, 1979, and each
    of the five succeeding fiscal years. Fellowships shall be awarded
    under the provisions of this subchapter for graduate study and
    research in those areas of applied science and engineering that are
    related to the production, conservation, and utilization of fuels
    and energy. Fellowships shall be awarded to students in programs
    leading to master's degrees. Such fellowships may be awarded for
    graduate study and research at any institution of higher education,
    library, archive, or any other research center approved by the
    Secretary of Energy after consultation with the Secretary of
    Education.
    (b) Term
      Such fellowships shall be awarded for such periods as the
    Secretary of Energy may determine, but not to exceed two years.
    (c) Replacement awards
      In addition to the number of fellowships authorized to be awarded
    by subsection (a) of this section, the Secretary of Energy is
    authorized to award fellowships equal to the number previously
    awarded during any fiscal year under this subchapter but vacated
    prior to the end of the period for which they were awarded; except
    that each fellowship awarded under this subsection shall be for
    such period of graduate work or research, not in excess of the
    remainder of the period for which the fellowship which it replaces
    was awarded as the Secretary of Energy may determine.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 901, Aug. 3, 1977, 91 Stat. 529;
    Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,
    Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 96-88, title III,
    Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677,
    692.)

-COD-
                               CODIFICATION                           
      In subsec. (a), the words "(hereafter referred to as
    'Administrator' in this subchapter)," which followed "Secretary of
    Energy" the first time it appears were omitted in view of the
    substitution of "Secretary of Energy" for "Administrator ERDA" and
    "Administrator" wherever such terms appear in this subchapter and
    the fact that the term "Secretary" is defined for the purposes of
    this chapter by section 1291(23) of this title as meaning the
    Secretary of the Interior. See Transfer of Functions note set out
    below.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of Energy" substituted in text for "Administrator
    ERDA" and "Administrator", meaning Administrator of Energy Research
    and Development Administration, pursuant to sections 301(a), 703,
    and 707 of Pub. L. 95-91, which are classified to sections 7151(a),
    7293, 7297 of Title 42, The Public Health and Welfare, and which
    terminated Energy Research and Development Administration and
    transferred its functions and functions of Administrator thereof
    (with certain exceptions) to Secretary of Energy.
      "Secretary of Education" substituted for "Commissioner of
    Education" in subsec. (a), pursuant to sections 301(a)(1) and 507
    of Pub. L. 96-88, which are classified to sections 3441(a)(1) and
    3507 of Title 20, Education, and which transferred all functions of
    Commissioner of Education to Secretary of Education.

-End-



-CITE-
    30 USC Sec. 1322                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1322. Fellowship recipients

-STATUTE-
      Recipients of fellowships under this subchapter shall be - 
        (a) persons who have been accepted by an institution of higher
      education for graduate study leading to an advanced degree or for
      a professional degree, and
        (b) persons who plan a career in the field of energy resources,
      production, or utilization.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 902, Aug. 3, 1977, 91 Stat. 530.)

-End-



-CITE-
    30 USC Sec. 1323                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1323. Distribution of fellowships

-STATUTE-
      In awarding fellowships under the provisions of this subchapter,
    the Secretary of Energy shall endeavor to provide equitable
    distribution of such fellowships throughout the Nation, except that
    the Secretary of Energy shall give special attention to
    institutions of higher education, libraries, archives, or other
    research centers which have a demonstrated capacity to offer
    courses of study or research in the field of energy resources and
    conservation and conversion and related disciplines. In carrying
    out his responsibilities under this section, the Secretary of
    Energy shall take into consideration the projected need for highly
    trained engineers and scientists in the field of energy sources.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 903, Aug. 3, 1977, 91 Stat. 530;
    Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,
    Aug. 4, 1977, 91 Stat. 577, 606, 607.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of Energy" substituted in text for "Administrator",
    meaning Administrator of Energy Research and Development
    Administration, pursuant to sections 301(a), 703, and 707 of Pub.
    L. 95-91, which are classified to sections 7151(a), 7293, 7297 of
    Title 42, The Public Health and Welfare, and which terminated
    Energy Research and Development Administration and transferred its
    functions and functions of Administrator thereof (with certain
    exceptions) to Secretary of Energy.

-End-



-CITE-
    30 USC Sec. 1324                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1324. Stipends and allowances

-STATUTE-
      (a) Each person awarded a fellowship under this subchapter shall
    receive a stipend of not more than $10,000 for each academic year
    of study. An additional amount of $500 for each such calendar year
    of study shall be paid to such person on account of each of his
    dependents.
      (b) In addition to the amount paid to such person pursuant to
    subsection (a) of this section there shall be paid to the
    institution of higher education at which each such person is
    pursuing his course of study, 100 per centum of the amount paid to
    such person less the amount paid on account of such person's
    dependents, to such person less any amount charged such person for
    tuition.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 904, Aug. 3, 1977, 91 Stat. 530.)

-End-



-CITE-
    30 USC Sec. 1325                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1325. Limitation on fellowships

-STATUTE-
      No fellowship shall be awarded under this subchapter for study at
    a school or department of divinity. For the purpose of this
    section, the term "school or department of divinity" means an
    institution or department or branch of an institution, whose
    program is specifically for the education of students to prepare
    them to become ministers of religion or to enter upon some other
    religious vocation or to prepare them to teach theological
    subjects.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 905, Aug. 3, 1977, 91 Stat. 530.)

-End-



-CITE-
    30 USC Sec. 1326                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1326. Fellowship conditions

-STATUTE-
      (a) A person awarded a fellowship under the provisions of this
    subchapter shall continue to receive the payments provided in
    section 1324(a) of this title only during such periods as the
    Secretary of Energy finds that he is maintaining satisfactory
    proficiency in, and devoting essentially full time to, study or
    research in the field in which such fellowship was awarded, in an
    institution of higher education, and is not engaging in gainful
    employment other than part-time employment in teaching, research,
    or similar activities, approved by the Secretary of Energy.
      (b) The Secretary of Energy shall require reports containing such
    information in such forms and to be filed at such times as he
    determines necessary from each person awarded a fellowship under
    the provisions of this subchapter. Such reports shall be
    accompanied by a certificate from an appropriate official at the
    institution of higher education, library, archive, or other
    research center approved by the Secretary of Energy, stating that
    such person is making satisfactory progress in, and is devoting
    essentially full time to the research for which the fellowship was
    awarded.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 906, Aug. 3, 1977, 91 Stat. 530;
    Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,
    Aug. 4, 1977, 91 Stat. 577, 606, 607.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of Energy" substituted in text for "Administrator",
    meaning Administrator of Energy Research and Development
    Administration, pursuant to sections 301(a), 703, and 707 of Pub.
    L. 95-91, which are classified to sections 7151(a), 7293, 7297 of
    Title 42, The Public Health and Welfare, and which terminated
    Energy Research and Development Administration and transferred its
    functions and functions of Administrator thereof (with certain
    exceptions) to Secretary of Energy.

-End-



-CITE-
    30 USC Sec. 1327                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1327. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated $11,000,000 for the
    fiscal year ending September 30, 1979, and for each of the five
    succeeding fiscal years. For payments for the initial awarding of
    fellowships awarded under this subchapter, there are authorized to
    be appropriated for the fiscal year ending September 30, 1979, and
    for each of the five succeeding fiscal years, such sums as may be
    necessary in order that fellowships already awarded might be
    completed.

-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 907, Aug. 3, 1977, 91 Stat. 531.)

-End-



-CITE-
    30 USC Sec. 1328                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION
    SUBCHAPTER IX - ENERGY RESOURCE GRADUATE FELLOWSHIPS

-HEAD-
    Sec. 1328. Research, development projects, etc., relating to
      alternative coal mining technologies

-STATUTE-
    (a) Authority of Secretary of the Interior to conduct, promote,
      etc.
      The Secretary of the Interior is authorized to conduct and
    promote the coordination and acceleration of, research, studies,
    surveys, experiments, demonstration projects, and training relating
    to - 
        (1) the development and application of coal mining technologies
      which provide alternatives to surface disturbance and which
      maximize the recovery of available coal resources, including the
      improvement of present underground mining methods, methods for
      the return of underground mining wastes to the mine void, methods
      for the underground mining of thick coal seams and very deep
      seams; and
        (2) safety and health in the application of such technologies,
      methods, and means.
    (b) Contracts and grants
      In conducting the activities authorized by this section, the
    Secretary of the Interior may enter into contracts with and make
    grants to qualified institutions, agencies, organizations, and
    persons.
    (c) Authorization of appropriations
      There are authorized to be appropriated to the Secretary of the
    Interior, to carry out the purposes of this section, $35,000,000
    for each fiscal year beginning with the fiscal year 1979, and for
    each year thereafter for the next four years.
    (d) Publication in Federal Register; report to Congress
      At least sixty days before any funds are obligated for any
    research studies, surveys, experiments or demonstration projects to
    be conducted or financed under this chapter in any fiscal year, the
    Secretary of the Interior in consultation with the heads of other
    Federal agencies having the authority to conduct or finance such
    projects, shall determine and publish such determinations in the
    Federal Register that such projects are not being conducted or
    financed by any other Federal agency. On December 31 of each
    calendar year, the Secretary shall report to the Congress on the
    research studies, surveys, experiments or demonstration projects,
    conducted or financed under this chapter, including, but not
    limited to, a statement of the nature and purpose of each project,
    the Federal cost thereof, the identity and affiliation of the
    persons engaged in such projects, the expected completion date of
    the projects and the relationship of the projects to other such
    projects of a similar nature.
    (e) Availability of information to public
      Subject to the patent provisions of section 306(d) of this
    Act,(!1) all information and data resulting from any research
    studies, surveys, experiments, or demonstration projects conducted
    or financed under this chapter shall be promptly made available to
    the public.


-SOURCE-
    (Pub. L. 95-87, title IX, Sec. 908, Aug. 3, 1977, 91 Stat. 531;
    Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,
    Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 97-257, title I, Sec.
    100, Sept. 10, 1982, 96 Stat. 841.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 306(d) of this Act, referred to in subsec. (e), was
    classified to section 1226(d) of this title and was omitted from
    the Code pursuant to the replacement of subchapter III (Sec. 1221
    et seq.) of this chapter by Pub. L. 98-409. See section 1226(c) of
    this title.


-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (d) of this section relating to requirement that on December 31 of
    each calendar year, the Secretary report to Congress on research
    studies, surveys, experiments or demonstration projects, conducted
    or financed under this chapter, see section 3003 of Pub. L. 104-66,
    as amended, set out as a note under section 1113 of Title 31, Money
    and Finance, and page 109 of House Document No. 103-7.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of the Interior" substituted for "Secretary of Energy"
    in subsecs. (a) to (d) pursuant to section 100 of Pub. L. 97-257,
    which is set out as a note under section 7152 of Title 42, The
    Public Health and Welfare, and which transferred to, and vested in,
    Secretary of the Interior all functions vested in, or delegated to,
    Secretary of Energy and Department of Energy under this section.
      Previously, "Secretary of Energy" was substituted for
    "Administrator", meaning Administrator of Energy Research and
    Development Administration, in subsecs. (a) to (d) pursuant to
    sections 301(a), 703, and 707 of Pub. L. 95-91, which are
    classified to sections 7151(a), 7293, 7297 of Title 42, and which
    terminated Energy Research and Development Administration and
    transferred its functions and functions of Administrator thereof
    (with certain exceptions) to Secretary of Energy.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    30 USC CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES      01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES

-HEAD-
              CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES          

-MISC1-
    Sec.                                                     
    1401.       Congressional findings and declaration of purpose.    
    1402.       International objectives.                             
    1403.       Definitions.                                          

    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                          UNITED STATES CITIZENS
    1411.       Prohibited activities by United States citizens.      
    1412.       Licenses for exploration and permits for commercial
                 recovery.                                            
    1413.       License and permit applications, review, and
                 certification.                                       
    1414.       License and permit fees.                              
    1415.       License and permit terms, conditions, and
                 restrictions; issuance and transfer of licenses and
                 permits.                                             
    1416.       Denial of certification of applications and of
                 issuance, transfer, suspension, and revocation of
                 licenses and permits; suspension and modification of
                 activities.                                          
    1417.       Duration of licenses and permits.                     
    1418.       Diligence requirements.                               
    1419.       Protection of the environment.                        
    1420.       Conservation of natural resources.                    
    1421.       Prevention of interference with other uses of the high
                 seas.                                                
    1422.       Safety of life and property at sea.                   
    1423.       Records, audits, and public disclosure.               
    1424.       Monitoring of activities of licensees and permittees. 
    1425.       Relinquishment, surrender, and transfer of licenses
                 and permits.                                         
    1426.       Public notice and hearings.                           
    1427.       Civil actions.                                        
    1428.       Reciprocating states.                                 

           SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT       
    1441.       Declaration of Congressional intent.                  
    1442.       Effect of international agreement.                    
    1443.       Protection of interim investments.                    
    1444.       Disclaimer of obligation to pay compensation.         

         SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS     
    1461.       Prohibited acts.                                      
    1462.       Civil penalties.                                      
    1463.       Criminal offenses.                                    
    1464.       Enforcement.                                          
    1465.       Liability of vessels.                                 
    1466.       Civil forfeitures.                                    
    1467.       Jurisdiction of courts.                               
    1468.       Regulations.                                          
    1469.       Omitted.                                              
    1470.       Authorization of appropriations.                      
    1471.       Severability.                                         
    1472.       Deep Seabed Revenue Sharing Trust Fund; establishment.
    1473.       Revenue and customs or tariff treatment of deep seabed
                 mining unaffected.                                   

-End-



-CITE-
    30 USC Sec. 1401                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES

-HEAD-
    Sec. 1401. Congressional findings and declaration of purpose

-STATUTE-
    (a) Findings
      The Congress finds that - 
        (1) the United States' requirements for hard minerals to
      satisfy national industrial needs will continue to expand and the
      demand for such minerals will increasingly exceed the available
      domestic sources of supply;
        (2) in the case of certain hard minerals, the United States is
      dependent upon foreign sources of supply and the acquisition of
      such minerals from foreign sources is a significant factor in the
      national balance-of-payments position;
        (3) the present and future national interest of the United
      States requires the availability of hard mineral resources which
      is independent of the export policies of foreign nations;
        (4) there is an alternate source of supply, which is
      significant in relation to national needs, of certain hard
      minerals, including nickel, copper, cobalt, and manganese,
      contained in the nodules existing in great abundance on the deep
      seabed;
        (5) the nations of the world, including the United States, will
      benefit if the hard mineral resources of the deep seabed beyond
      limits of national jurisdiction can be developed and made
      available for their use;
        (6) in particular, future access to the nickel, copper, cobalt,
      and manganese resources of the deep seabed will be important to
      the industrial needs of the nations of the world, both developed
      and developing;
        (7) on December 17, 1970, the United States supported (by
      affirmative vote) the United Nations General Assembly Resolution
      2749 (XXV) declaring inter alia the principle that the mineral
      resources of the deep seabed are the common heritage of mankind,
      with the expectation that this principle would be legally defined
      under the terms of a comprehensive international Law of the Sea
      Treaty yet to be agreed upon;
        (8) it is in the national interest of the United States and
      other nations to encourage a widely acceptable Law of the Sea
      Treaty, which will provide a new legal order for the oceans
      covering a broad range of ocean interests, including exploration
      for and commercial recovery of hard mineral resources of the deep
      seabed;
        (9) the negotiations to conclude such a Treaty and establish
      the international regime governing the exercise of rights over,
      and exploration of, the resources of the deep seabed, referred to
      in General Assembly Resolution 2749 (XXV) are in progress but may
      not be concluded in the near future;
        (10) even if such negotiations are completed promptly, much
      time will elapse before such an international regime is
      established and in operation;
        (11) development of technology required for the exploration and
      recovery of hard mineral resources of the deep seabed will
      require substantial investment for many years before commercial
      production can occur, and must proceed at this time if deep
      seabed minerals are to be available when needed;
        (12) it is the legal opinion of the United States that
      exploration for and commercial recovery of hard mineral resources
      of the deep seabed are freedoms of the high seas subject to a
      duty of reasonable regard to the interests of other states in
      their exercise of those and other freedoms recognized by general
      principles of international law;
        (13) pending a Law of the Sea Treaty, and in the absence of
      agreement among states on applicable principles of international
      law, the uncertainty among potential investors as to the future
      legal regime is likely to discourage or prevent the investments
      necessary to develop deep seabed mining technology;
        (14) pending a Law of the Sea Treaty, the protection of the
      marine environment from damage caused by exploration or recovery
      of hard mineral resources of the deep seabed depends upon the
      enactment of suitable interim national legislation;
        (15) a Law of the Sea Treaty is likely to establish financial
      arrangements which obligate the United States or United States
      citizens to make payments to an international organization with
      respect to exploration or recovery of the hard mineral resources
      of the deep seabed; and
        (16) legislation is required to establish an interim legal
      regime under which technology can be developed and the
      exploration and recovery of the hard mineral resources of the
      deep seabed can take place until such time as a Law of the Sea
      Treaty enters into force with respect to the United States.
    (b) Purposes
      The Congress declares that the purposes of this chapter are - 
        (1) to encourage the successful conclusion of a comprehensive
      Law of the Sea Treaty, which will give legal definition to the
      principle that the hard mineral resources of the deep seabed are
      the common heritage of mankind and which will assure, among other
      things, nondiscriminatory access to such resources for all
      nations;
        (2) pending the ratification by, and entering into force with
      respect to, the United States of such a Treaty, to provide for
      the establishment of an international revenue-sharing fund the
      proceeds of which shall be used for sharing with the
      international community pursuant to such Treaty;
        (3) to establish, pending the ratification by, and entering
      into force with respect to, the United States of such a Treaty,
      an interim program to regulate the exploration for and commercial
      recovery of hard mineral resources of the deep seabed by United
      States citizens;
        (4) to accelerate the program of environmental assessment of
      exploration for and commercial recovery of hard mineral resources
      of the deep seabed and assure that such exploration and recovery
      activities are conducted in a manner which will encourage the
      conservation of such resources, protect the quality of the
      environment, and promote the safety of life and property at sea;
      and
        (5) to encourage the continued development of technology
      necessary to recover the hard mineral resources of the deep
      seabed.

-SOURCE-
    (Pub. L. 96-283, Sec. 2, June 28, 1980, 94 Stat. 553.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 96-283, June 28, 1980, 94 Stat. 553, as
    amended, known as the Deep Seabed Hard Mineral Resources Act, which
    is classified principally to this chapter (Sec. 1401 et seq.). For
    complete classification of this Act to the Code, see Short Title
    note set out below and Tables.


-MISC1-
                       SHORT TITLE OF 1986 AMENDMENT                   
      Pub. L. 99-507, Sec. 1, Oct. 21, 1986, 100 Stat. 1847, provided
    that: "This Act [amending section 1470 of this title] may be cited
    as the 'Deep Seabed Hard Mineral Resources Reauthorization Act of
    1986'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 96-283 provided that: "This Act [enacting
    this chapter and sections 4495 to 4498 of Title 26, Internal
    Revenue Code, and enacting a provision set out as a note under
    section 4495 of Title 26] may be cited as the 'Deep Seabed Hard
    Mineral Resources Act'."

-End-



-CITE-
    30 USC Sec. 1402                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES

-HEAD-
    Sec. 1402. International objectives

-STATUTE-
    (a) Disclaimer of extraterritorial sovereignty
      By the enactment of this chapter, the United States - 
        (1) exercises its jurisdiction over United States citizens and
      vessels, and foreign persons and vessels otherwise subject to its
      jurisdiction, in the exercise of the high seas freedom to engage
      in exploration for, and commercial recovery of, hard mineral
      resources of the deep seabed in accordance with generally
      accepted principles of international law recognized by the United
      States; but
        (2) does not thereby assert sovereignty or sovereign or
      exclusive rights or jurisdiction over, or the ownership of, any
      areas or resources in the deep seabed.
    (b) Secretary of State
      (1) The Secretary of State is encouraged to negotiate
    successfully a comprehensive Law of the Sea Treaty which, among
    other things, provides assured and nondiscriminatory access to the
    hard mineral resources of the deep seabed for all nations, gives
    legal definition to the principle that the resources of the deep
    seabed are the common heritage of mankind, and provides for the
    establishment of requirements for the protection of the quality of
    the environment as stringent as those promulgated pursuant to this
    chapter.
      (2) Until such a Treaty is concluded, the Secretary of State is
    encouraged to promote any international actions necessary to
    adequately protect the environment from adverse impacts which may
    result from any exploration for and commercial recovery of hard
    mineral resources of the deep seabed carried out by persons not
    subject to this chapter.

-SOURCE-
    (Pub. L. 96-283, Sec. 3, June 28, 1980, 94 Stat. 555.)

-End-



-CITE-
    30 USC Sec. 1403                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES

-HEAD-
    Sec. 1403. Definitions

-STATUTE-
      For purposes of this chapter, the term - 
        (1) "commercial recovery" means - 
          (A) any activity engaged in at sea to recover any hard
        mineral resource at a substantial rate for the primary purpose
        of marketing or commercially using such resource to earn a net
        profit, whether or not such net profit is actually earned;
          (B) if such recovered hard mineral resource will be processed
        at sea, such processing; and
          (C) if the waste of such activity to recover any hard mineral
        resource, or of such processing at sea, will be disposed of at
        sea, such disposal;

        (2) "Continental Shelf" means - 
          (A) the seabed and subsoil of the submarine areas adjacent to
        the coast, but outside the area of the territorial sea, to a
        depth of 200 meters or, beyond that limit, to where the depth
        of the superjacent waters admits of the exploitation of the
        natural resources of such submarine area; and
          (B) the seabed and subsoil of similar submarine areas
        adjacent to the coast of islands;

        (3) "controlling interest", for purposes of paragraph 14(C) of
      this section, means a direct or indirect legal or beneficial
      interest in or influence over another person arising through
      ownership of capital stock, interlocking directorates or
      officers, contractual relations, or other similar means, which
      substantially affect the independent business behavior of such
      person;
        (4) "deep seabed" means the seabed, and the subsoil thereof to
      a depth of ten meters, lying seaward of and outside - 
          (A) the Continental Shelf of any nation; and
          (B) any area of national resource jurisdiction of any foreign
        nation, if such area extends beyond the Continental Shelf of
        such nation and such jurisdiction is recognized by the United
        States;

        (5) "exploration" means - 
          (A) any at-sea observation and evaluation activity which has,
        as its objective, the establishment and documentation of - 
            (i) the nature, shape, concentration, location, and tenor
          of a hard mineral resource; and
            (ii) the environmental, technical, and other appropriate
          factors which must be taken into account to achieve
          commercial recovery; and

          (B) the taking from the deep seabed of such quantities of any
        hard mineral resource as are necessary for the design,
        fabrication, and testing of equipment which is intended to be
        used in the commercial recovery and processing of such
        resource;

        (6) "hard mineral resource" means any deposit or accretion on,
      or just below, the surface of the deep seabed of nodules which
      include one or more minerals, at least one of which contains
      manganese, nickel, cobalt, or copper;
        (7) "international agreement" means a comprehensive agreement
      concluded through negotiations at the Third United Nations
      Conference on the Law of the Sea, relating to (among other
      matters) the exploration for and commercial recovery of hard
      mineral resources and the establishment of an international
      regime for the regulation thereof;
        (8) "licensee" means the holder of a license issued under
      subchapter I of this chapter to engage in exploration;
        (9) "permittee" means the holder of a permit issued under
      subchapter I of this chapter to engage in commercial recovery;
        (10) "person" means any United States citizen, any individual,
      and any corporation, partnership, joint venture, association, or
      other entity organized or existing under the laws of any nation;
        (11) "reciprocating state" means any foreign nation designated
      as such by the Administrator under section 1428 of this title;
        (12) "Administrator" means the Administrator of the National
      Oceanic and Atmospheric Administration;
        (13) "United States" means the several States, the District of
      Columbia, the Commonwealth of Puerto Rico, American Samoa, the
      United States Virgin Islands, Guam, and any other Commonwealth,
      territory, or possession of the United States; and
        (14) "United States citizen" means - 
          (A) any individual who is a citizen of the United States;
          (B) any corporation, partnership, joint venture, association,
        or other entity organized or existing under the laws of any of
        the United States; and
          (C) any corporation, partnership, joint venture, association,
        or other entity (whether organized or existing under the laws
        of any of the United States or a foreign nation) if the
        controlling interest in such entity is held by an individual or
        entity described in subparagraph (A) or (B).

-SOURCE-
    (Pub. L. 96-283, Sec. 4, June 28, 1980, 94 Stat. 555.)

-End-


-CITE-
    30 USC SUBCHAPTER I - REGULATION OF EXPLORATION AND
           COMMERCIAL RECOVERY BY UNITED STATES CITIZENS         01/03/2007 

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                          UNITED STATES CITIZENS

-End-



-CITE-
    30 USC Sec. 1411                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1411. Prohibited activities by United States citizens

-STATUTE-
    (a) Prohibited activities and exceptions
      (1) No United States citizen may engage in any exploration or
    commercial recovery unless authorized to do so under - 
        (A) a license or a permit issued under this subchapter;
        (B) a license, permit, or equivalent authorization issued by a
      reciprocating state; or
        (C) an international agreement which is in force with respect
      to the United States.

      (2) The prohibitions of this subsection shall not apply to any of
    the following activities:
        (A) Scientific research, including that concerning hard mineral
      resources.
        (B) Mapping, or the taking of any geophysical, geochemical,
      oceanographic, or atmospheric measurements or random bottom
      samplings of the deep seabed, if such taking does not
      significantly alter the surface or subsurface of the deep seabed
      or significantly affect the environment.
        (C) The design, construction, or testing of equipment and
      facilities which will or may be used for exploration or
      commercial recovery, if such design, construction, or testing is
      conducted on shore, or does not involve the recovery of any but
      incidental hard mineral resources.
        (D) The furnishing of machinery, products, supplies, services,
      or materials for any exploration or commercial recovery conducted
      under a license or permit issued under this subchapter, a license
      or permit or equivalent authorization issued by a reciprocating
      state, or under an international agreement.
        (E) Activities, other than exploration or commercial recovery
      activities, of the Federal Government.
    (b) Existing exploration
      (1) Subsection (a)(1)(A) of this section shall not be deemed to
    prohibit any United States citizen who is engaged in exploration
    before June 28, 1980, from continuing to engage in such exploration
    - 
        (A) if such citizen applies for a license under section 1413(a)
      of this title with respect to such exploration within such
      reasonable period of time, after the date on which initial
      regulations to implement section 1413(a) of this title are
      issued, as the Administrator shall prescribe; and
        (B) until such license is issued to such citizen or a final
      administrative or judicial determination is made affirming the
      denial of certification of the application for, or issuance of,
      such license.

      (2) Notwithstanding paragraph (1), if the President by Executive
    order determines that immediate suspension of exploration
    activities is necessary for the reasons set forth in section
    1416(a)(2)(B) of this title or the Administrator determines that
    immediate suspension of activities is necessary to prevent a
    significant adverse effect on the environment or to preserve the
    safety of life and property at sea, the Administrator is
    authorized, notwithstanding any other requirement of this chapter,
    to issue an emergency order requiring any United States citizen who
    is engaged in exploration before June 28, 1980, to immediately
    suspend exploration activities. The issuance of such emergency
    order is subject to judicial review as provided in chapter 7 of
    title 5.
      (3) The timely filing of any application for a license under
    paragraph (1)(A) shall entitle the applicant to priority of right
    for the issuance of such license under section 1413(b) of this
    title. In any case in which more than one application referred to
    in paragraph (1) is filed based on exploration plans required by
    section 1413(a)(2) of this title which refer to all or part of the
    same deep seabed area, the Administrator shall, in taking action on
    such applications, apply principles of equity which take into
    consideration, among other things, the date on which the applicants
    or predecessors in interest, or component organizations thereof,
    commenced exploration activities and the continuity and extent of
    such exploration and amount of funds expended with respect to such
    exploration.
    (c) Interference
      No United States citizen may interfere or participate in
    interference with any activity conducted by any licensee or
    permittee which is authorized to be undertaken under a license or
    permit issued by the United States to the licensee or permittee
    under this chapter or with any activity conducted by the holder of,
    and authorized to be undertaken under, a license or permit or
    equivalent authorization issued by a reciprocating state for the
    exploration or commercial recovery of hard mineral resources.
    United States citizens shall exercise their rights on the high seas
    with reasonable regard for the interests of other states in their
    exercise of the freedoms of the high seas.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 101, June 28, 1980, 94 Stat. 557.)

-End-



-CITE-
    30 USC Sec. 1412                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1412. Licenses for exploration and permits for commercial
      recovery

-STATUTE-
    (a) Authority to issue
      Subject to the provisions of this chapter, the Administrator
    shall issue to applicants who are eligible therefor licenses for
    exploration and permits for commercial recovery.
    (b) Nature of licenses and permits
      (1) A license or permit issued under this subchapter shall
    authorize the holder thereof to engage in exploration or commercial
    recovery, as the case may be, consistent with the provisions of
    this chapter, the regulations issued by the Administrator to
    implement the provisions of this chapter, and the specific terms,
    conditions, and restrictions applied to the license or permit by
    the Administrator.
      (2) Any license or permit issued under this subchapter shall be
    exclusive with respect to the holder thereof as against any other
    United States citizen or any citizen, national or governmental
    agency of, or any legal entity organized or existing under the laws
    of, any reciprocating state.
      (3) A valid existing license shall entitle the holder, if
    otherwise eligible under the provisions of this chapter and
    regulations issued under this chapter, to a permit for commercial
    recovery. Such a permit recognizes the right of the holder to
    recover hard mineral resources, and to own, transport, use, and
    sell hard mineral resources recovered, under the permit and in
    accordance with the requirements of this chapter.
      (4) In the event of interference with the exploration or
    commercial recovery activities of a licensee or permittee by
    nationals of other states, the Secretary of State shall use all
    peaceful means to resolve the controversy by negotiation,
    conciliation, arbitration, or resort to agreed tribunals.
    (c) Restrictions
      (1) The Administrator may not issue - 
        (A) any license or permit after the date on which an
      international agreement is ratified by and enters into force with
      respect to the United States, except to the extent that issuance
      of such license or permit is not inconsistent with such
      agreement;
        (B) any license or permit the exploration plan or recovery plan
      of which, submitted pursuant to section 1413(a)(2) of this title,
      would apply to an area to which applies, or would conflict with,
      (i) any exploration plan or recovery plan submitted with any
      pending application to which priority of right for issuance
      applies under section 1413(b) of this title, (ii) any exploration
      plan or recovery plan associated with any existing license or
      permit, or (iii) any equivalent authorization which has been
      issued, or for which formal notice of application has been
      submitted, by a reciprocating state prior to the filing date of
      any relevant application for licenses or permits pursuant to this
      subchapter;
        (C) a permit authorizing commercial recovery within any area of
      the deep seabed in which exploration is authorized under a valid
      existing license if such permit is issued to other than the
      licensee for such area;
        (D) any exploration license before July 1, 1981, or any permit
      which authorizes commercial recovery to commence before January
      1, 1988;
        (E) any license or permit the exploration plan or recovery plan
      for which applies to any area of the deep seabed if, within the 3-
      year period before the date of application for such license or
      permit, (i) the applicant therefor surrendered or relinquished
      such area under an exploration plan or recovery plan associated
      with a previous license or permit issued to such applicant, or
      (ii) a license or permit previously issued to the applicant had
      an exploration plan or recovery plan which applied to such area
      and such license or permit was revoked under section 1416 of this
      title; or
        (F) a license or permit, or approve the transfer of a license
      or permit, except to a United States citizen.

      (2) No permittee may use any vessel for the commercial recovery
    of hard mineral resources or for the processing at sea of hard
    mineral resources recovered under the permit issued to the
    permittee unless the vessel is documented under the laws of the
    United States.
      (3) Each permittee shall use at least one vessel documented under
    the laws of the United States for the transportation from each
    mining site of hard mineral resources recovered under the permit
    issued to the permittee.
      (4) For purposes of the shipping laws of the United States, any
    vessel documented under the laws of the United States and used in
    the commercial recovery, processing, or transportation from any
    mining site of hard mineral resources recovered under a permit
    issued under this subchapter shall be deemed to be used in, and
    used in an essential service in, the foreign commerce or foreign
    trade of the United States, as defined in section 109 of title 46,
    and shall be deemed to be a vessel as defined in section 53701(13)
    of title 46.
      (5) Except as otherwise provided in this paragraph, the
    processing on land of hard mineral resources recovered pursuant to
    a permit shall be conducted within the United States: Provided,
    That the President does not determine that such restrictions
    contravene the overriding national interests of the United States.
    The Administrator may allow the processing of hard mineral
    resources at a place other than within the United States if he
    finds, after opportunity for an agency hearing, that - 
        (A) the processing of the quantity concerned of such resource
      at a place other than within the United States is necessary for
      the economic viability of the commercial recovery activities of a
      permittee; and
        (B) satisfactory assurances have been given by the permittee
      that such resource, after processing, to the extent of the
      permittee's ownership therein, will be returned to the United
      States for domestic use, if the Administrator so requires after
      determining that the national interest necessitates such return.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 102, June 28, 1980, 94 Stat. 558.)

-COD-
                               CODIFICATION                           
      In subsec. (c)(4), "section 109 of title 46" substituted for
    "section 905(a) of the Merchant Marine Act, 1936" and "section
    53701(13) of title 46" substituted for "section 1101(b) of that
    Act" on authority of Pub. L. 109-304, Sec. 18(c), Oct. 6, 2006, 120
    Stat. 1709, which Act enacted sections 109 and 53701 of Title 46,
    Shipping.

-End-



-CITE-
    30 USC Sec. 1413                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1413. License and permit applications, review, and
      certification

-STATUTE-
    (a) Applications
      (1) Any United States citizen may apply to the Administrator for
    the issuance or transfer of a license for exploration or a permit
    for commercial recovery.
      (2)(A) Applications for issuance or transfer of licenses for
    exploration and permits for commercial recovery shall be made in
    such form and manner as the Administrator shall prescribe in
    general and uniform regulations and shall contain such relevant
    financial, technical, and environmental information as the
    Administrator may by regulations require as being necessary and
    appropriate for carrying out the provisions of this subchapter. In
    accordance with such regulations, each applicant for the issuance
    of a license shall submit an exploration plan as described in
    subparagraph (B), and each applicant for a permit shall submit a
    recovery plan as described in subparagraph (C).
      (B) The exploration plan for a license shall set forth the
    activities proposed to be carried out during the period of the
    license, describe the area to be explored, and include the intended
    exploration schedule and methods to be used, the development and
    testing of systems for commercial recovery to take place under the
    terms of the license, an estimated schedule of expenditures,
    measures to protect the environment and to monitor the
    effectiveness of environmental safeguards and monitoring systems
    for commercial recovery, and such other information as is necessary
    and appropriate to carry out the provisions of this subchapter. The
    area set forth in an exploration plan shall be of sufficient size
    to allow for intensive exploration.
      (C) The recovery plan for a permit shall set forth the activities
    proposed to be carried out during the period of the permit, and
    shall include the intended schedule of commercial recovery,
    environmental safeguards and monitoring systems, details of the
    area or areas proposed for commercial recovery, a resource
    assessment thereof, the methods and technology to be used for
    commercial recovery and processing, the methods to be used for
    disposal of wastes from recovery and processing, and such other
    information as is necessary and appropriate to carry out the
    provisions of this subchapter.
      (D) The applicant shall select the size and location of the area
    of the exploration plan or recovery plan, which area shall be
    approved unless the Administrator finds that - 
        (i) the area is not a logical mining unit; or
        (ii) commercial recovery activities in the proposed location
      would result in a significant adverse impact on the quality of
      the environment which cannot be avoided by the imposition of
      reasonable restrictions.

      (E) For purposes of subparagraph (D), "logical mining unit" means
    - 
        (i) in the case of a license for exploration, an area of the
      deep seabed which can be explored under the license in an
      efficient, economical, and orderly manner with due regard for
      conservation and protection of the environment, taking into
      consideration the resource data, other relevant physical and
      environmental characteristics, and the state of the technology of
      the applicant as set forth in the exploration plan; or
        (ii) in the case of a permit, an area of the deep seabed - 
          (I) in which hard mineral resources can be recovered in
        sufficient quantities to satisfy the permittee's estimated
        production requirements over the initial 20-year term of the
        permit in an efficient, economical, and orderly manner with due
        regard for conservation and protection of the environment,
        taking into consideration the resource data, other relevant
        physical and environmental characteristics, and the state of
        the technology of the applicant set out in the recovery plan;
          (II) which is not larger than is necessary to satisfy the
        permittee's estimated production requirements over the initial
        20-year term of the permit; and
          (III) in relation to which the permittee's estimated
        production requirements are not found by the Administrator to
        be unreasonable.
    (b) Priority of right for issuance
      Subject to section 1411(b) of this title, priority of right for
    the issuance of licenses to applicants shall be established on the
    basis of the chronological order in which license applications
    which are in substantial compliance with the requirements
    established under subsection (a)(2) of this section are filed with
    the Administrator. Priority of right shall not be lost in the case
    of any application filed which is in substantial but not full
    compliance with such requirements if the applicant thereafter
    brings the application into conformity with such requirements
    within such reasonable period of time as the Administrator shall
    prescribe in regulations.
    (c) Eligibility for certification
      Before the Administrator may certify any application for issuance
    or transfer of a license for exploration or permit for commercial
    recovery, the Administrator must find in writing, after
    consultation with other departments and agencies pursuant to
    subsection (e) of this section, that - 
        (1) the applicant has demonstrated that, upon issuance or
      transfer of the license or permit, the applicant will be
      financially responsible to meet all obligations which may be
      required of a licensee or permittee to engage in the exploration
      or commercial recovery proposed in the application;
        (2) the applicant has demonstrated that, upon issuance or
      transfer of the license or permit, the applicant will have the
      technological capability to engage in such exploration or
      commercial recovery;
        (3) the applicant has satisfactorily fulfilled all obligations
      under any license or permit previously issued or transferred to
      the applicant under this chapter; and
        (4) the proposed exploration plan or recovery plan of the
      applicant meets the requirements of this chapter and the
      regulations issued under this chapter.
    (d) Antitrust review
      (1) Whenever the Administrator receives any application for
    issuance or transfer of a license for exploration or permit for
    commercial recovery, the Administrator shall transmit promptly a
    complete copy of such application to the Attorney General of the
    United States and the Federal Trade Commission.
      (2) The Attorney General and the Federal Trade Commission shall
    conduct such antitrust review of the application as they deem
    appropriate and shall, if they deem appropriate, advise the
    Administrator of the likely effects of such issuance or transfer on
    competition.
      (3) The Attorney General and the Federal Trade Commission may
    make any recommendations they deem advisable to avoid any action
    upon such application by the Administrator which would create or
    maintain a situation inconsistent with the antitrust laws. Such
    recommendations may include, without limitation, the denial of
    issuance or transfer of the license or permit or issuance or
    transfer upon such terms and conditions as may be appropriate.
      (4) Any advice or recommendation submitted by the Attorney
    General or the Federal Trade Commission pursuant to this subsection
    shall be submitted within 90 days after receipt by them of the
    application. The Administrator shall not issue or transfer the
    license or permit during that 90-day period, except upon written
    confirmation by the Attorney General and the Federal Trade
    Commission that neither intends to submit any further advice or
    recommendation with respect to the application.
      (5) If the Administrator decides to issue or transfer the license
    or permit with respect to which denial of the issuance or transfer
    of the license or permit has been recommended by the Attorney
    General or the Federal Trade Commission, or to issue or transfer
    the license or permit without imposing those terms and conditions
    recommended by the Attorney General or the Federal Trade Commission
    as appropriate to prevent any situation inconsistent with the
    antitrust laws, the Administrator shall, prior to or upon issuance
    or transfer of the license or permit, notify the Attorney General
    and the Federal Trade Commission of the reasons for such decision.
      (6) The issuance or transfer of a license or permit under this
    subchapter shall not be admissible in any way as a defense to any
    civil or criminal action for violation of the antitrust laws of the
    United States, nor shall it in any way modify or abridge any
    private right of action under such laws.
      (7) As used in this subsection, the term "antitrust laws" means
    the Act of July 2, 1890 (commonly known as the Sherman Act; 15
    U.S.C. 1-7); sections 73 through 76 of the Act of August 27, 1894
    (commonly known as the Wilson Tariff Act; 15 U.S.C. 8-11); the
    Clayton Act (15 U.S.C. 12 et seq.); the Act of June 19, 1936
    (commonly known as the Robinson-Patman Price Discrimination Act; 15
    U.S.C. 13-13b and 21a); and the Federal Trade Commission Act (15
    U.S.C. 41 et seq.).
    (e) Other Federal agencies
      The Administrator shall provide by regulation for full
    consultation and cooperation, prior to certification of an
    application for the issuance or transfer of any license for
    exploration or permit for commercial recovery and prior to the
    issuance or transfer of such a license or permit, with other
    Federal agencies or departments which have programs or activities
    within their statutory responsibilities which would be affected by
    the activities proposed in the application for the issuance or
    transfer of a license or permit. Not later than 30 days after June
    28, 1980, the heads of any Federal departments or agencies having
    expertise concerning, or jurisdiction over, any aspect of the
    recovery or processing of hard mineral resources shall transmit to
    the Administrator written comments as to their expertise or
    statutory responsibilities pursuant to this chapter or any other
    Federal law. To the extent possible, such agencies shall cooperate
    to reduce the number of separate actions required to satisfy the
    statutory responsibilities of these agencies. The Administrator
    shall transmit to each such agency or department a complete copy of
    each application and each such agency or department, based on its
    legal responsibilities and authorities, may, not later than 60 days
    after receipt of the application, recommend certification of the
    application, issuance or transfer of the license or permit, or
    denial of such certification, issuance, or transfer. In any case in
    which an agency or department recommends such a denial, it shall
    set forth in detail the manner in which the application does not
    comply with any law or regulation within its area of responsibility
    and shall indicate how the application may be amended, or how
    terms, conditions, or restrictions might be added to the license or
    permit, to assure compliance with such law or regulation.
    (f) Review period
      All time periods for the review of an application for issuance or
    transfer of a license or permit established pursuant to this
    section shall, to the maximum extent practicable, run concurrently
    from the date on which the application is received by the
    Administrator.
    (g) Application certification
      Upon making the applicable determinations and findings required
    in sections 1411, 1412 of this title, and this section with respect
    to any applicant for the issuance or transfer of a license or a
    permit and the exploration or commercial recovery proposed by such
    applicant, after completion of procedures for receiving the
    application required by this chapter, and upon payment by the
    applicant of the fee required under section 1414 of this title, the
    Administrator shall certify the application for the issuance or
    transfer of the license or permit. The Administrator, to the
    maximum extent possible, shall endeavor to complete certification
    action on the application within 100 days after its submission. If
    final certification or denial of certification has not occurred
    within 100 days after submission of the application, the
    Administrator shall inform the applicant in writing of the then
    pending unresolved issues, the Administrator's efforts to resolve
    them, and an estimate of the time required to do so.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 103, June 28, 1980, 94 Stat. 560;
    Pub. L. 107-273, div. C, title IV, Sec. 14102(c)(2)(E), Nov. 2,
    2002, 116 Stat. 1921.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 2, 1890 (commonly known as the Sherman Act; 15 U.S.C.
    1-7), referred to in subsec. (d)(7), is act July 2, 1890, ch. 647,
    26 Stat. 209, as amended, which is classified to sections 1 to 7 of
    Title 15, Commerce and Trade. For complete classification of this
    Act to the Code, see Short Title note set out under section 1 of
    Title 15 and Tables.
      Sections 73 through 76 of the Act of August 27, 1894 (commonly
    known as the Wilson Tariff Act; 15 U.S.C. 8-11), referred to in
    subsec. (d)(7), are sections 73 to 76 of act Aug. 27, 1894, ch.
    349, 28 Stat. 570, as amended, which enacted sections 8 to 11 of
    Title 15. For complete classification of this Act to the Code, see
    Short Title note set out under section 8 of Title 15 and Tables.
      The Clayton Act (15 U.S.C. 12 et seq.), referred to in subsec.
    (d)(7), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended,
    which is classified generally to sections 12, 13, 14 to 19, 21, and
    22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor.
    For further details and complete classification of this Act to the
    Code, see References in Text note set out under section 12 of Title
    15 and Tables.
      Act of June 19, 1936 (commonly known as the Robinson-Patman Price
    Discrimination Act; 15 U.S.C. 13-13b and 21a), referred to in
    subsec. (d)(7), is act June 19, 1936, ch. 592, 49 Stat. 1526, also
    known as the Robinson-Patman Antidiscrimination Act, which enacted
    sections 13a, 13b, and 21a of Title 15, and amended section 13 of
    Title 15. For complete classification of this Act to the Code, see
    Short Title note set out under section 13 of Title 15 and Tables.
      The Federal Trade Commission Act (15 U.S.C. 41 et seq.), referred
    to in subsec. (d)(7), is act Sept. 26, 1914, ch. 311, 38 Stat. 717,
    as amended, which is classified generally to subchapter I (Sec. 41
    et seq.) of chapter 2 of Title 15. For complete classification of
    this Act to the Code, see section 58 of Title 15 and Tables.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (d)(7). Pub. L. 107-273 substituted "76" for "77".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and
    applicable only with respect to cases commenced on or after Nov. 2,
    2002, see section 14103 of Pub. L. 107-273, set out as a note under
    section 3 of Title 15, Commerce and Trade.

-End-



-CITE-
    30 USC Sec. 1414                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1414. License and permit fees

-STATUTE-
      No application for the issuance or transfer of a license for
    exploration or permit for commercial recovery shall be certified
    unless the applicant pays to the Administrator a reasonable
    administrative fee which shall be deposited into miscellaneous
    receipts of the Treasury. The amount of the administrative fee
    imposed by the Administrator on any applicant shall reflect the
    reasonable administrative costs incurred in reviewing and
    processing the application.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 104, June 28, 1980, 94 Stat. 563.)

-End-



-CITE-
    30 USC Sec. 1415                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1415. License and permit terms, conditions, and restrictions;
      issuance and transfer of licenses and permits

-STATUTE-
    (a) Eligibility for issuance or transfer of license or permit
      Before issuing or transferring a license for exploration or
    permit for commercial recovery, the Administrator must find in
    writing, after consultation with interested departments and
    agencies pursuant to section 1413(e) of this title, and upon
    considering public comments received with respect to the license or
    permit, that the exploration or commercial recovery proposed in the
    application - 
        (1) will not unreasonably interfere with the exercise of the
      freedoms of the high seas by other states, as recognized under
      general principles of international law;
        (2) will not conflict with any international obligation of the
      United States established by any treaty or international
      convention in force with respect to the United States;
        (3) will not create a situation which may reasonably be
      expected to lead to a breach of international peace and security
      involving armed conflict;
        (4) cannot reasonably be expected to result in a significant
      adverse effect on the quality of the environment, taking into
      account the analyses and information in any applicable
      environmental impact statement prepared pursuant to section
      1419(c) or 1419(d) of this title; and
        (5) will not pose an inordinate threat to the safety of life
      and property at sea.
    (b) Issuance and transfer of licenses and permits with terms,
      conditions, and restrictions
      (1) Within 180 days after certification of any application for
    the issuance or transfer of a license or permit under section
    1413(g) of this title, the Administrator shall propose terms and
    conditions for, and restrictions on, the exploration or commercial
    recovery proposed in the application which are consistent with the
    provisions of this chapter and regulations issued under this
    chapter. If additional time is needed, the Administrator shall
    notify the applicant in writing of the reasons for the delay and
    indicate the approximate date on which the proposed terms,
    conditions, and restrictions will be completed. The Administrator
    shall provide to each applicant a written statement of the proposed
    terms, conditions, and restrictions. Such terms, conditions, and
    restrictions shall be generally specified in regulations with
    general criteria and standards to be used in establishing such
    terms, conditions, and restrictions for a license or permit and
    shall be uniform in all licenses or permits, except to the extent
    that differing physical and environmental conditions require the
    establishment of special terms, conditions, and restrictions for
    the conservation of natural resources, protection of the
    environment, or the safety of life and property at sea.
      (2) After preparation and consideration of the final
    environmental impact statement pursuant to section 1419(d) of this
    title on the proposed issuance of a license or permit and subject
    to the other provisions of this chapter, the Administrator shall
    issue to the applicant the license or permit with the terms,
    conditions, and restrictions incorporated therein.
      (3) The licensee or permittee to whom a license or permit is
    issued or transferred shall be deemed to have accepted the terms,
    conditions, and restrictions in the license or permit if the
    licensee or permittee does not notify the Administrator within 60
    days after receipt of the license or permit of each term,
    condition, or restriction with which the licensee or permittee
    takes exception. The licensee or permittee may, in addition to such
    objections as may be raised under applicable provisions of law,
    object to any term, condition, or restriction on the ground that
    the term, condition, or restriction is inconsistent with this
    chapter or the regulations promulgated thereunder. If, after the
    Administrator takes final action on these objections, the licensee
    or permittee demonstrates that a dispute remains on a material
    issue of fact, the licensee or permittee is entitled to a decision
    on the record after the opportunity for an agency hearing pursuant
    to sections 556 and 557 of title 5. Any such decision made by the
    Administrator shall be subject to judicial review as provided in
    chapter 7 of title 5.
    (c) Modification and revision of terms, conditions, and
      restrictions
      (1) After the issuance or transfer of any license or permit under
    subsection (b) of this section, the Administrator, after
    consultation with interested agencies and the licensee or
    permittee, may modify any term, condition, or restriction in such
    license or permit - 
        (A) to avoid unreasonable interference with the interests of
      other states in their exercise of the freedoms of the high seas,
      as recognized under general principles of international law;
        (B) if relevant data and other information (including, but not
      limited to, data resulting from exploration or commercial
      recovery activities under the license or permit) indicate that
      modification is required to protect the quality of the
      environment or to promote the safety of life and property at sea
      and if such modification is consistent with the regulations
      issued to carry out section 1419(b) of this title;
        (C) to avoid a conflict with any international obligation of
      the United States, established by any treaty or convention in
      force with respect to the United States, as determined in writing
      by the President; or
        (D) to avoid any situation which may reasonably be expected to
      lead to a breach of international peace and security involving
      armed conflict, as determined in writing by the President.

      (2) During the term of a license or a permit, the licensee or
    permittee may submit to the Administrator an application for a
    revision of the license or permit or the exploration plan or
    recovery plan associated with the license or permit. The
    Administrator shall approve such application upon a finding in
    writing that the revision will comply with the requirements of this
    chapter and the regulations issued under this chapter.
      (3) The Administrator shall establish, by regulation, guidelines
    for a determination of the scale or extent of a proposed
    modification or revision for which any or all license or permit
    application requirements and procedures, including a public
    hearing, shall apply. Any increase in the size of the area, or any
    change in the location of an area, to which an exploration plan or
    a recovery plan applies, except an incidental increase or change,
    must be made by application for another license or permit.
      (4) The procedures set forth in subsection (b)(3) of this section
    shall apply with respect to any modification under this subsection
    in the same manner, and to the same extent, as if such modification
    were an initial term, condition, or restriction proposed by the
    Administrator.
    (d) Prior consultations
      Prior to making a determination to issue, transfer, modify, or
    renew a license or permit under this section, the Administrator
    shall consult with any affected Regional Fishery Management Council
    established pursuant to section 1852 of title 16, if the activities
    undertaken pursuant to such license or permit could adversely
    affect any fishery within the Fishery Conservation Zone, or any
    anadromous species or Continental Shelf fishery resource subject to
    the exclusive management authority of the United States beyond such
    zone.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 105, June 28, 1980, 94 Stat. 563;
    Pub. L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat.
    3300; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
    211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Fishery Conservation Zone, referred to in subsec. (d),
    probably means the fishery conservation zone established by section
    1811 of Title 16, Conservation, which as amended generally by Pub.
    L. 99-659, title I, Sec. 101(b), Nov. 14, 1986, 100 Stat. 3706,
    relates to United States sovereign rights and fishery management
    authority over fish within the exclusive economic zone as defined
    in section 1802 of Title 16.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d). Pub. L. 104-208 made technical amendment to
    reference in original act which appears in text as reference to
    section 1852 of title 16.
      1980 - Subsec. (d). Pub. L. 96-561 made technical amendment to
    reference in original act which appears in text as reference to
    section 1852 of title 16.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-
    208 provided that the amendment made by that section is effective
    15 days after Oct. 11, 1996.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 238(b) of Pub. L. 96-561 provided that the amendment made
    by that section is effective 15 days after Dec. 22, 1980.

-End-



-CITE-
    30 USC Sec. 1416                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1416. Denial of certification of applications and of issuance,
      transfer, suspension, and revocation of licenses and permits;
      suspension and modification of activities

-STATUTE-
    (a) Denial, suspension, modification, and revocation
      (1) The Administrator may deny certification of an application
    for the issuance or transfer of, and may deny the issuance or
    transfer of, a license for exploration or permit for commercial
    recovery if the Administrator finds that the applicant, or the
    activities proposed to be undertaken by the applicant, do not meet
    the requirements set forth in section 1413(c) of this title,
    section 1415(a) of this title, or in any other provision of this
    chapter, or any regulation issued under this chapter, for the
    issuance or transfer of a license or permit.
      (2) The Administrator may - 
        (A) in addition to, or in lieu of, the imposition of any civil
      penalty under section 1462(a) of this title, or in addition to
      the imposition of any fine under section 1463 of this title,
      suspend or revoke any license or permit issued under this
      chapter, or suspend or modify any particular activities under
      such a license or permit, if the licensee or permittee, as the
      case may be, substantially fails to comply with any provision of
      this chapter, any regulation issued under this chapter, or any
      term, condition, or restriction of the license or permit; and
        (B) suspend or modify particular activities under any license
      or permit, if the President determines that such suspension or
      modification is necessary (i) to avoid any conflict with any
      international obligation of the United States established by any
      treaty or convention in force with respect to the United States,
      or (ii) to avoid any situation which may reasonably be expected
      to lead to a breach of international peace and security involving
      armed conflict.

      (3) No action may be taken by the Administrator to deny issuance
    or transfer of or to revoke any license or permit or, except as
    provided in subsection (c) of this section, to suspend any license
    or permit or suspend or modify particular activities under a
    license or permit, unless the Administrator - 
        (A) publishes in the Federal Register and gives the applicant,
      licensee, or permittee, as the case may be, written notice of the
      intention of the Administrator to deny the issuance or transfer
      of or to suspend, modify, or revoke the license or permit and the
      reason therefor; and
        (B) if the reason for the proposed denial, suspension,
      modification, or revocation is a deficiency which the applicant,
      licensee, or permittee can correct, affords the applicant,
      licensee, or permittee a reasonable time, but not more than 180
      days from the date of the notice or such longer period as the
      Administrator may establish for good cause shown, to correct such
      deficiency.

      (4) The Administrator shall deny issuance or transfer of, or
    suspend or revoke, any license or permit or order the suspension or
    modification of particular activities under a license or permit - 
        (A) on the thirtieth day after the date of the notice given to
      the applicant, licensee, or permittee under paragraph (3)(A)
      unless before such day the applicant, licensee, or permittee
      requests a review of the proposed denial, suspension,
      modification, or revocation; or
        (B) on the last day of the period established under paragraph
      (3)(B) in which the applicant, licensee, or permittee must
      correct a deficiency, if such correction has not been made before
      such day.
    (b) Administrative review of proposed denial, suspension,
      modification, or revocation
      Any applicant, licensee, or permittee, as the case may be, who
    makes a timely request under subsection (a) of this section for
    review of a denial of issuance or transfer, or a suspension or
    revocation, of a license for exploration or permit for commercial
    recovery, or a suspension or modification of particular activities
    under such a license or permit, is entitled to an adjudication on
    the record after an opportunity for an agency hearing with respect
    to such denial or suspension, revocation, or modification.
    (c) Effect on activities; emergency orders
      The issuance of any notice of proposed suspension or revocation
    of a license for exploration or permit for commercial recovery or
    proposed suspension or modification of particular activities under
    such a license or permit shall not affect the continuation of
    exploration or commercial recovery activities by the licensee or
    permittee. The provisions of paragraphs (3) and (4) of subsection
    (a) of this section and the first sentence of this subsection shall
    not apply when the President determines by Executive order that an
    immediate suspension of a license for exploration or permit for
    commercial recovery, or immediate suspension or modification of
    particular activities under such a license or permit, is necessary
    for the reasons set forth in subsection (a)(2)(B) of this section,
    or the Administrator determines that an immediate suspension of
    such a license or permit, or immediate suspension or modification
    of particular activities under such a license or permit, is
    necessary to prevent a significant adverse effect on the
    environment or to preserve the safety of life and property at sea,
    and the Administrator issues an emergency order requiring such
    immediate suspension.
    (d) Judicial review
      Any determination of the Administrator, after any appropriate
    administrative review under subsection (b) of this section, to
    certify or deny certification of an application for the issuance or
    transfer of, or to issue, deny issuance of, transfer, deny the
    transfer of, modify, renew, suspend, or revoke any license for
    exploration or permit for commercial recovery, or suspend or modify
    particular activities under such a license or permit, or any
    immediate suspension of such a license or permit, or immediate
    suspension or modification of particular activities under such a
    license or permit, pursuant to subsection (c) of this section, is
    subject to judicial review as provided in chapter 7 of title 5.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 106, June 28, 1980, 94 Stat. 565.)

-End-



-CITE-
    30 USC Sec. 1417                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1417. Duration of licenses and permits

-STATUTE-
    (a) Duration of a license
      Each license for exploration shall be issued for a period of 10
    years. If the licensee has substantially complied with the license
    and the exploration plan associated therewith and has requested
    extensions of the license, the Administrator shall extend the
    license on terms, conditions, and restrictions consistent with this
    chapter and the regulations issued under this chapter for periods
    of not more than 5 years each.
    (b) Duration of a permit
      Each permit for commercial recovery shall be issued for a term of
    20 years and for so long thereafter as hard mineral resources are
    recovered annually in commercial quantities from the area to which
    the recovery plan associated with the permit applies. The permit of
    any permittee who is not recovering hard mineral resources in
    commercial quantities at the end of 10 years shall be terminated;
    except that the Administrator shall for good cause shown, including
    force majeure, adverse economic conditions, unavoidable delays in
    construction, major unanticipated vessel repairs that prevent the
    permittee from conducting commercial recovery activities during an
    annual period, or other circumstances beyond the control of the
    permittee, extend the 10-year period, but not beyond the initial 20-
    year term of the permit.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 107, June 28, 1980, 94 Stat. 567.)

-End-



-CITE-
    30 USC Sec. 1418                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1418. Diligence requirements

-STATUTE-
    (a) In general
      The exploration plan or recovery plan and the terms, conditions,
    and restrictions of each license and permit issued under this
    subchapter shall be designed to assure diligent development. Each
    licensee shall pursue diligently the activities described in the
    exploration plan of the licensee, and each permittee shall pursue
    diligently the activities described in the recovery plan of the
    permittee.
    (b) Expenditures
      Each license shall require such periodic reasonable expenditures
    for exploration by the licensee as the Administrator shall
    establish, taking into account the size of the area of the deep
    seabed to which the exploration plan associated with the license
    applies and the amount of funds which is estimated by the
    Administrator to be required for commercial recovery of hard
    mineral resources to begin within the time limit established by the
    Administrator. Such required expenditures shall not be established
    at a level which would discourage exploration by persons with less
    costly technology than is prevalently in use.
    (c) Commercial recovery
      Once commercial recovery is achieved, the Administrator shall,
    within reasonable limits and taking into consideration all relevant
    factors, require the permittee to maintain commercial recovery
    throughout the period of the permit; except that the Administrator
    shall for good cause shown, including force majeure, adverse
    economic conditions, or other circumstances beyond the control of
    the permittee, authorize the temporary suspension of commercial
    recovery activities. The duration of such a suspension shall not
    exceed one year at any one time, unless the Administrator
    determines that conditions justify an extension of the suspension.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 108, June 28, 1980, 94 Stat. 567.)

-End-



-CITE-
    30 USC Sec. 1419                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1419. Protection of the environment

-STATUTE-
    (a) Environmental assessment
      (1) Deep ocean mining environmental study (DOMES)
        The Administrator shall expand and accelerate the program
      assessing the effects on the environment from exploration and
      commercial recovery activities, including seabased processing and
      the disposal at sea of processing wastes, so as to provide an
      assessment, as accurate as practicable, of environmental impacts
      of such activities for the implementation of subsections (b),
      (c), and (d) of this section.
      (2) Supporting ocean research
        The Administrator also shall conduct a continuing program of
      ocean research to support environmental assessment activity
      through the period of exploration and commercial recovery
      authorized by this chapter. The program shall include the
      development, acceleration, and expansion, as appropriate, of
      studies of the ecological, geological, and physical aspects of
      the deep seabed in general areas of the ocean where exploration
      and commercial development under the authority of this chapter
      are likely to occur, including, but not limited to - 
          (A) natural diversity of the deep seabed biota;
          (B) life histories of major benthic, midwater, and surface
        organisms most likely to be affected by commercial recovery
        activities;
          (C) long- and short-term effects of commercial recovery on
        the deep seabed biota; and
          (D) assessment of the effects of seabased processing
        activities.

      Within 160 days after June 28, 1980, the Administrator shall
      prepare a plan to carry out the program described in this
      subsection, including necessary funding levels for the next five
      fiscal years, and shall submit the plan to the Congress.
    (b) Terms, conditions, and restrictions
      Each license and permit issued under this subchapter shall
    contain such terms, conditions, and restrictions, established by
    the Administrator, which prescribe the actions the licensee or
    permittee shall take in the conduct of exploration and commercial
    recovery activities to assure protection of the environment. The
    Administrator shall require in all activities under new permits,
    and wherever practicable in activities under existing permits, the
    use of the best available technologies for the protection of
    safety, health, and the environment wherever such activities would
    have a significant effect on safety, health, or the environment,
    except where the Administrator determines that the incremental
    benefits are clearly insufficient to justify the incremental costs
    of using such technologies. Before establishing such terms,
    conditions, and restrictions, the Administrator shall consult with
    the Administrator of the Environmental Protection Agency, the
    Secretary of State, and the Secretary of the department in which
    the Coast Guard is operating, concerning such terms, conditions,
    and restrictions, and the Administrator shall take into account and
    give due consideration to the information contained in each final
    environmental impact statement prepared with respect to such
    license or permit pursuant to subsection (d) of this section.
    (c) Programmatic environmental impact statement
      (1) If the Administrator, in consultation with the Administrator
    of the Environmental Protection Agency and with the assistance of
    other appropriate Federal agencies, determines that a programmatic
    environmental impact statement is required, the Administrator
    shall, as soon as practicable after June 28, 1980, with respect to
    the areas of the oceans in which any United States citizen is
    expected to undertake exploration and commercial recovery under the
    authority of this chapter - 
        (A) prepare and publish draft programmatic environmental impact
      statements which assess the environmental impacts of exploration
      and commercial recovery in such areas;
        (B) afford all interested parties a reasonable time after such
      dates of publication to submit comments to the Administrator on
      such draft statements; and
        (C) thereafter prepare (giving full consideration to all
      comments submitted under subparagraph (B)) and publish final
      programmatic environmental impact statements regarding such
      areas.

      (2) With respect to the area of the oceans in which exploration
    and commercial recovery by any United States citizen will likely
    first occur under the authority of this chapter, the Administrator
    shall prepare a draft and final programmatic environmental impact
    statement as required under paragraph (1), except that - 
        (A) the draft programmatic environmental impact statement shall
      be prepared and published as soon as practicable but not later
      than 270 days (or such longer period as the Administrator may
      establish for good cause shown) after June 28, 1980; and
        (B) the final programmatic environmental impact statement shall
      be prepared and published within 180 days (or such longer period
      as the Administrator may establish for good cause shown) after
      the date on which the draft statement is published.
    (d) Environmental impact statements on issuance of licenses and
      permits
      The issuance of, but not the certification of an application for,
    any license or permit under this subchapter shall be deemed to be a
    major Federal action significantly affecting the quality of the
    human environment for purposes of section 4332 of title 42. In
    preparing an environmental impact statement pursuant to this
    subsection, the Administrator shall consult with the agency heads
    referred to in subsection (b) of this section and shall take into
    account, and give due consideration to, the relevant information
    contained in any applicable studies and any other environmental
    impact statement prepared pursuant to this section. Each draft
    environmental impact statement prepared pursuant to this subsection
    shall be published, with the terms, conditions, and restrictions
    proposed pursuant to section 1415(b) of this title, within 180 days
    (or such longer period as the Administrator may establish for good
    cause shown in writing) following the date on which the application
    for the license or permit concerned is certified by the
    Administrator. Each final environmental impact statement shall be
    published 180 days (or such longer period as the Administrator may
    establish for good cause shown in writing) following the date on
    which the draft environmental impact statement is published.
    (e) Effect on other law
      For the purposes of this chapter, any vessel or other floating
    craft engaged in commercial recovery or exploration shall not be
    deemed to be "a vessel or other floating craft" under section
    502(12)(B) of the Clean Water Act [33 U.S.C. 1362(12)(B)] and any
    discharge of a pollutant from such vessel or other floating craft
    shall be subject to the Clean Water Act [33 U.S.C. 1251 et seq.].
    (f) Stable reference areas
      (1) Within one year after June 28, 1980, the Secretary of State
    shall, in cooperation with the Administrator and as part of the
    international consultations pursuant to section 1428(f) of this
    title, negotiate with all nations that are identified in such
    subsection for the purpose of establishing international stable
    reference areas in which no mining shall take place: Provided,
    however, That this subsection shall not be construed as requiring
    any substantial withdrawal of deep seabed areas from deep seabed
    mining authorized by this chapter.
      (2) Nothing in this chapter shall be construed as authorizing the
    United States to unilaterally establish such reference area or
    areas nor shall the United States recognize the unilateral claim to
    such reference area or areas by any State.
      (3) Within four years after June 28, 1980, the Secretary of State
    shall submit a report to Congress on the progress of establishing
    such stable reference areas, including the designation of
    appropriate zones to insure a representative and stable biota of
    the deep seabed.
      (4) For purposes of this section "stable reference areas" shall
    mean an area or areas of the deep seabed to be used as a reference
    zone or zones for purposes of resource evaluation and environmental
    assessment of deep seabed mining in which no mining will occur.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 109, June 28, 1980, 94 Stat. 568.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Water Act, referred to in subsec. (e), is act June 30,
    1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct.
    18, 1972, 86 Stat. 816, also known as the Federal Water Pollution
    Control Act, which is classified generally to chapter 26 (Sec. 1251
    et seq.) of Title 33, Navigation and Navigable Waters. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1251 of Title 33 and Tables.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    30 USC Sec. 1420                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1420. Conservation of natural resources

-STATUTE-
      For the purpose of conservation of natural resources, each
    license and permit issued under this subchapter shall contain, as
    needed, terms, conditions, and restrictions which have due regard
    for the prevention of waste and the future opportunity for the
    commercial recovery of the unrecovered balance of the hard mineral
    resources in the area to which the license or permit applies. In
    establishing these terms, conditions, and restrictions, the
    Administrator shall consider the state of the technology, the
    processing system utilized and the value and potential use of any
    waste, the environmental effects of the exploration or commercial
    recovery activities, economic and resource data, and the national
    need for hard mineral resources. As used in this chapter, the term
    "conservation of natural resources" is not intended to grant,
    imply, or create any inference of production controls or price
    regulation, in particular those which would affect the volume of
    production, prices, profits, markets, or the decision of which
    minerals or metals are to be recovered, except as such effects may
    be incidental to actions taken pursuant to this section.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 110, June 28, 1980, 94 Stat. 570.)

-End-



-CITE-
    30 USC Sec. 1421                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1421. Prevention of interference with other uses of the high
      seas

-STATUTE-
      Each license and permit issued under this subchapter shall
    include such restrictions as may be necessary and appropriate to
    ensure that exploration or commercial recovery activities conducted
    by the licensee or permittee do not unreasonably interfere with the
    interests of other states in their exercise of the freedoms of the
    high seas, as recognized under general principles of international
    law.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 111, June 28, 1980, 94 Stat. 571.)

-End-



-CITE-
    30 USC Sec. 1422                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1422. Safety of life and property at sea

-STATUTE-
    (a) Conditions regarding vessels
      The Secretary of the department in which the Coast Guard is
    operating, in consultation with the Administrator, shall require in
    any license or permit issued under this subchapter, in conformity
    with principles of international law, that vessels documented under
    the laws of the United States and used in activities authorized
    under the license or permit comply with conditions regarding the
    design, construction, alteration, repair, equipment, operation,
    manning, and maintenance relating to vessel and crew safety and the
    promotion of safety of life and property at sea.
    (b) Applicability of other laws
      Notwithstanding any other provision of law, any vessel described
    in subsection (a) of this section shall be subject to the
    provisions of chapter 51 of title 46, and to the provisions of
    titles 52 and 53 of the Revised Statutes and all Acts amendatory
    thereof or supplementary thereto.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 112, June 28, 1980, 94 Stat. 571.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title 52 of the Revised Statutes, referred to in subsec. (b),
    consisted of R.S. Secs. 4399 to 4500, which were classified to
    sections 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234,
    239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384, 385, 391,
    391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453,
    460, 461 to 463, 464, 466, 467 to 482, and 489 to 498 of former
    Title 46, Shipping. For complete classification of R.S. Secs. 4399
    to 4500 to the Code, see Tables. A majority of such sections of the
    Revised Statutes were repealed and various provisions thereof were
    reenacted in Title 46, Shipping, by Pub. L. 98-89, Aug. 26, 1983,
    97 Stat. 500. For disposition of sections of former Title 46 into
    revised Title 46, see Disposition Table preceding section 101 of
    Title 46.
      Title 53 of the Revised Statutes, referred to in subsec. (b),
    consisted of R.S. Secs. 4501 to 4612, which were classified to
    sections 541 to 543, 545 to 549, 561, 562, 564 to 571, 574 to 578,
    591 to 597, 600, 602 to 605, 621 to 628, 641 to 643, 644, 645, 651
    to 660, 661 to 669, 674 to 679, 681 to 687, 701 to 710, and 711 to
    713 of former Title 46, Shipping. For complete classification of
    R.S. Secs. 4501 to 4612 to the Code, see Tables. A majority of such
    sections of the Revised Statutes were repealed and various
    provisions thereof were reenacted in Title 46, Shipping, by Pub. L.
    98-89, Aug. 26, 1983, 97 Stat. 500. For disposition of sections of
    former Title 46 into revised Title 46, see Disposition Table
    preceding section 101 of Title 46.

-COD-
                               CODIFICATION                           
      In subsec. (b), "chapter 51 of title 46" substituted for "the
    International Voyage Load Line Act of 1973" on authority of Pub. L.
    99-509, title V, Sec. 5103(b), Oct. 21, 1986, 100 Stat. 1927,
    section 5101 of which enacted parts C and J of subtitle II of Title
    46, Shipping.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    30 USC Sec. 1423                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1423. Records, audits, and public disclosure

-STATUTE-
    (a) Records and audits
      (1) Each licensee and permittee shall keep such records,
    consistent with standard accounting principles, as the
    Administrator shall by regulation prescribe. Such records shall
    include information which will fully disclose expenditures for
    exploration and commercial recovery, including processing, of hard
    mineral resources, and such other information as will facilitate an
    effective audit of such expenditures.
      (2) The Administrator and the Comptroller General of the United
    States, or any of their duly authorized representatives, shall have
    access, for purposes of audit and examination, to any books,
    documents, papers, and records of licensees and permittees which
    are necessary and directly pertinent to verify the expenditures
    referred to in paragraph (1).
    (b) Submission of data and information
      Each licensee and permittee shall be required to submit to the
    Administrator such data or other information as the Administrator
    may reasonably need for purposes of making determinations with
    respect to the issuance, revocation, modification, or suspension of
    any license or permit; compliance with the reporting requirement
    contained in section 1469 (!1) of this title; and evaluation of the
    exploration or commercial recovery activities conducted by the
    licensee or permittee.

    (c) Public disclosure
      Copies of any document, report, communication, or other record
    maintained or received by the Administrator containing data or
    information required under this subchapter shall be made available
    to any person upon any request which (1) reasonably describes such
    record and (2) is made in accordance with rules adopted by the
    Administrator stating the time, place, fees (if any, not to exceed
    the direct cost of the services rendered), and procedures to be
    followed, except that neither the Administrator nor any other
    officer or employee of the United States may disclose any data or
    information knowingly and willingly required under this subchapter
    the disclosure of which is prohibited by section 1905 of title 18.
    Any officer or employee of the United States who discloses data or
    information in violation of this subsection shall be subject to the
    penalties set forth in section 1463(b) of this title.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 113, June 28, 1980, 94 Stat. 571.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1469 of this title, referred to in subsec. (b), was
    omitted from the Code.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 1424                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1424. Monitoring of activities of licensees and permittees

-STATUTE-
      Each license and permit issued under this subchapter shall
    require the licensee or permittee - 
        (1) to allow the Administrator to place appropriate Federal
      officers or employees as observers aboard vessels used by the
      licensee or permittee in exploration or commercial recovery
      activities (A) to monitor such activities at such time, and to
      such extent, as the Administrator deems reasonable and necessary
      to assess the effectiveness of the terms, conditions, and
      restrictions of the license or permit, and (B) to report to the
      Administrator whenever such officers or employees have reason to
      believe there is a failure to comply with such terms, conditions,
      and restrictions;
        (2) to cooperate with such officers and employees in the
      performance of monitoring functions; and
        (3) to monitor the environmental effects of the exploration and
      commercial recovery activities in accordance with guidelines
      issued by the Administrator and to submit such information as the
      Administrator finds to be necessary and appropriate to assess
      environmental impacts and to develop and evaluate possible
      methods of mitigating adverse environmental effects.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 114, June 28, 1980, 94 Stat. 572.)

-End-



-CITE-
    30 USC Sec. 1425                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1425. Relinquishment, surrender, and transfer of licenses and
      permits

-STATUTE-
    (a) Relinquishment and surrender
      Any licensee or permittee may at any time, without penalty - 
        (1) surrender to the Administrator a license or a permit issued
      to the licensee or permittee; or
        (2) relinquish to the Administrator, in whole or in part, any
      right to conduct any exploration or commercial recovery
      activities authorized by the license or permit.

    Any licensee or permittee who surrenders a license or permit, or
    relinquishes any such right, shall remain liable with respect to
    all violations and penalties incurred, and damage to persons or
    property caused, by the licensee or permittee as a result of
    activities engaged in by the licensee or permittee under such
    license or permit.
    (b) Transfer
      Any license or permit, upon written request of the licensee or
    permittee, may be transferred by the Administrator; except that no
    such transfer may occur unless the proposed transferee is a United
    States citizen and until the Administrator determines that (1) the
    proposed transfer is in the public interest, and (2) the proposed
    transferee and the exploration or commercial recovery activities
    the transferee proposes to conduct meet the requirements of this
    chapter and regulations issued under this chapter.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 115, June 28, 1980, 94 Stat. 572.)

-End-



-CITE-
    30 USC Sec. 1426                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1426. Public notice and hearings

-STATUTE-
    (a) Required procedures
      The Administrator may issue regulations to carry out this
    chapter, establish and significantly modify terms, conditions, and
    restrictions in licenses and permits issued under this subchapter,
    and issue or transfer licenses and permits under this subchapter,
    only after public notice and opportunity for comment and hearings
    in accordance with the following:
        (1) The Administrator shall publish in the Federal Register
      notice of all applications for licenses and permits, all
      proposals to issue or transfer licenses and permits, all
      regulations implementing this chapter, all terms, conditions, and
      restrictions on licenses and permits, and all proposals to
      significantly modify licenses and permits. Interested persons
      shall be permitted to examine the materials relevant to any of
      these actions, and shall have at least 60 days after publication
      of such notice to submit written comments to the Administrator.
        (2) The Administrator shall hold a public hearing in an
      appropriate location and may employ such additional methods as
      the Administrator deems appropriate to inform interested persons
      about each action specified in paragraph (1) and to invite their
      comments thereon.
    (b) Adjudicatory hearing
      If the Administrator determines that there exists one or more
    specific and material factual issues which require resolution by
    formal processes, at least one adjudicatory hearing shall be held
    in the District of Columbia in accordance with the provisions of
    section 554 of title 5. The record developed in any such
    adjudicatory hearing shall be part of the basis for the
    Administrator's decision to take any action referred to in
    subsection (a) of this section. Hearings held pursuant to this
    section shall be consolidated insofar as practicable with hearings
    held by other agencies.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 116, June 28, 1980, 94 Stat. 573.)

-End-



-CITE-
    30 USC Sec. 1427                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1427. Civil actions

-STATUTE-
    (a) Equitable relief
      Except as provided in subsection (b) of this section, any person
    may commence a civil action for equitable relief on that person's
    behalf in the United States District Court for the District of
    Columbia - 
        (1) against any person who is alleged to be in violation of any
      provision of this chapter or any condition of a license or permit
      issued under this subchapter; or
        (2) against the Administrator when there is alleged a failure
      of the Administrator to perform any act or duty under this
      chapter which is not discretionary,

    if the person bringing the action has a valid legal interest which
    is or may be adversely affected by such alleged violation or
    failure to perform. In suits brought under this subsection, the
    district court shall have jurisdiction, without regard to the
    amount in controversy or the citizenship of the parties, to enforce
    the provisions of this chapter, or any term, condition, or
    restriction of a license or permit issued under this subchapter, or
    to order the Administrator to perform such act or duty.
    (b) Notice
      No civil action may be commenced - 
        (1) under subsection (a)(1) of this section - 
          (A) prior to 60 days after the plaintiff has given notice of
        the alleged violation to the Administrator and to any alleged
        violator; or
          (B) if the Administrator or the Attorney General has
        commenced and is diligently prosecuting a civil or criminal
        action with respect to the alleged violation in a court of the
        United States; except that in any such civil action, any person
        having a valid legal interest which is or may be adversely
        affected by the alleged violation may intervene; or

        (2) under subsection (a)(2) of this section, prior to 60 days
      after the plaintiff has given notice of such action to the
      Administrator.

    Notice under this subsection shall be given in such a manner as the
    Administrator shall prescribe by regulation.
    (c) Costs and fees
      The court, in issuing any final order in any action brought under
    subsection (a) of this section, may award costs of litigation,
    including reasonable attorney and expert witness fees, to any party
    whenever the court determines that such an award is appropriate.
    (d) Relationship to other law
      Nothing in this section shall restrict the rights which any
    person or class of persons may have under other law to seek
    enforcement or to seek any other relief. All vessel safety and
    environmental requirements of or under this chapter shall be in
    addition to other requirements of law.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 117, June 28, 1980, 94 Stat. 573.)

-End-



-CITE-
    30 USC Sec. 1428                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
                    UNITED STATES CITIZENS      

-HEAD-
    Sec. 1428. Reciprocating states

-STATUTE-
    (a) Designation
      The Administrator, in consultation with the Secretary of State
    and the heads of other appropriate departments and agencies, may
    designate any foreign nation as a reciprocating state if the
    Secretary of State finds that such foreign nation - 
        (1) regulates the conduct of its citizens and other persons
      subject to its jurisdiction engaged in exploration for, and
      commercial recovery of, hard mineral resources of the deep seabed
      in a manner compatible with that provided in this chapter and the
      regulations issued under this chapter, which includes adequate
      measures for the protection of the environment, the conservation
      of natural resources, and the safety of life and property at sea,
      and includes effective enforcement provisions;
        (2) recognizes licenses and permits issued under this
      subchapter to the extent that such nation, under its laws, (A)
      prohibits any person from engaging in exploration or commercial
      recovery which conflicts with that authorized under any such
      license or permit and (B) complies with the date for issuance of
      licenses and the effective date for permits provided in section
      1412(c)(1)(D) of this title;
        (3) recognizes, under its procedures, priorities of right,
      consistent with those provided in this chapter and the
      regulations issued under this chapter, for applications for
      licenses for exploration or permits for commercial recovery,
      which applications are made either under its procedures or under
      this chapter; and
        (4) provides an interim legal framework for exploration and
      commercial recovery which does not unreasonably interfere with
      the interests of other states in their exercise of the freedoms
      of the high seas, as recognized under general principles of
      international law.
    (b) Effect of designation
      No license or permit shall be issued under this subchapter
    permitting any exploration or commercial recovery which will
    conflict with any license, permit, or equivalent authorization
    issued by any foreign nation which is designated as a reciprocating
    state under subsection (a) of this section.
    (c) Notification
      Upon receipt of any application for a license or permit under
    this subchapter, the Administrator shall immediately notify all
    reciprocating states of such application. The notification shall
    include those portions of the exploration plan or recovery plan
    submitted with respect to the application, or a summary thereof,
    and any other appropriate information not required to be withheld
    from public disclosure by section 1423(c) of this title.
    (d) Revocation of reciprocating state status
      The Administrator, in consultation with the Secretary of State
    and the heads of other appropriate departments and agencies, shall
    revoke the designation of a foreign nation as a reciprocating state
    if the Secretary of State finds that such foreign nation no longer
    complies with the requirements of subsection (a) of this section.
    At the request of any holder of a license, permit, or equivalent
    authorization of such foreign nation, who obtained the license,
    permit, or equivalent authorization while such foreign nation was a
    reciprocating state, the Administrator, in consultation with the
    Secretary of State, may decide to recognize the license, permit, or
    equivalent authorization for purposes of subsection (b) of this
    section.
    (e) Authorization
      The President is authorized to negotiate agreements with foreign
    nations necessary to implement this section.
    (f) International consultations
      The Administrator, in consultation with the Secretary of State
    and the heads of other appropriate departments and agencies, shall
    consult with foreign nations which enact, or are preparing to
    enact, domestic legislation establishing an interim legal framework
    for exploration and commercial recovery of hard mineral resources.
    Such consultations shall be carried out with a view to facilitating
    the designation of such nations as reciprocating states and, as
    necessary, the negotiation of agreements with foreign nations
    authorized by subsection (e) of this section. In addition, the
    Administrator shall provide such foreign nations with information
    on environmental impacts of exploration and commercial recovery
    activities, and shall provide any technical assistance requested in
    designing regulatory measures to protect the environment.

-SOURCE-
    (Pub. L. 96-283, title I, Sec. 118, June 28, 1980, 94 Stat. 574.)

-End-


-CITE-
    30 USC SUBCHAPTER II - TRANSITION TO INTERNATIONAL
           AGREEMENT                                       01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT

-HEAD-
           SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT       

-End-



-CITE-
    30 USC Sec. 1441                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT

-HEAD-
    Sec. 1441. Declaration of Congressional intent

-STATUTE-
      It is the intent of Congress - 
        (1) that any international agreement to which the United States
      becomes a party should, in addition to promoting other national
      oceans objectives - 
          (A) provide assured and nondiscriminatory access, under
        reasonable terms and conditions, to the hard mineral resources
        of the deep seabed for United States citizens, and
          (B) provide security of tenure by recognizing the rights of
        United States citizens who have undertaken exploration or
        commercial recovery under subchapter I of this chapter before
        such agreement enters into force with respect to the United
        States to continue their operations under terms, conditions,
        and restrictions which do not impose significant new economic
        burdens upon such citizens with respect to such operations with
        the effect of preventing the continuation of such operations on
        a viable economic basis;

        (2) that the extent to which any such international agreement
      conforms to the provisions of paragraph (1) should be determined
      by the totality of the provisions of such agreement, including,
      but not limited to, the practical implications for the security
      of investments of any discretionary powers granted to an
      international regulatory body, the structures and decisionmaking
      procedures of such body, the availability of impartial and
      effective procedures for the settlement of disputes, and any
      features that tend to discriminate against exploration and
      commercial recovery activities undertaken by United States
      citizens; and
        (3) that this chapter should be transitional pending - 
          (A) the adoption of an international agreement at the Third
        United Nations Conference on the Law of the Sea, and the
        entering into force of such agreement, or portions thereof,
        with respect to the United States, or
          (B) if such adoption is not forthcoming, the negotiation of a
        multilateral or other treaty concerning the deep seabed, and
        the entering into force of such treaty with respect to the
        United States.

-SOURCE-
    (Pub. L. 96-283, title II, Sec. 201, June 28, 1980, 94 Stat. 575.)

-End-



-CITE-
    30 USC Sec. 1442                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT

-HEAD-
    Sec. 1442. Effect of international agreement

-STATUTE-
      If an international agreement enters into force with respect to
    the United States, any provision of subchapter I of this chapter,
    this subchapter, or subchapter III of this chapter, and any
    regulation issued under any such provision, which is not
    inconsistent with such international agreement shall continue in
    effect with respect to United States citizens. In the
    implementation of such international agreement the Administrator,
    in consultation with the Secretary of State, shall make every
    effort, to the maximum extent practicable consistent with the
    provisions of that agreement, to provide for the continued
    operation of exploration and commercial recovery activities
    undertaken by United States citizens prior to entry into force of
    the agreement. The Administrator shall submit to the Congress,
    within one year after the date of such entry into force, a report
    on the actions taken by the Administrator under this section, which
    report shall include, but not be limited to - 
        (1) a description of the status of deep seabed mining
      operations of United States citizens under the international
      agreement; and
        (2) an assessment of whether United States citizens who were
      engaged in exploration or commercial recovery on the date such
      agreement entered into force have been permitted to continue
      their operations.

-SOURCE-
    (Pub. L. 96-283, title II, Sec. 202, June 28, 1980, 94 Stat. 576.)

-End-



-CITE-
    30 USC Sec. 1443                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT

-HEAD-
    Sec. 1443. Protection of interim investments

-STATUTE-
      In order to further the objectives set forth in section 1441 of
    this title, the Administrator, not more than one year after June
    28, 1980 - 
        (1) shall submit to the Congress proposed legislation necessary
      for the United States to implement a system for the protection of
      interim investments that has been adopted as part of an
      international agreement and any resolution relating to such
      international agreement; or
        (2) if a system for the protection of interim investments has
      not been so adopted, shall report to the Congress on the status
      of negotiations relating to the establishment of such a system.

-SOURCE-
    (Pub. L. 96-283, title II, Sec. 203, June 28, 1980, 94 Stat. 576.)

-End-



-CITE-
    30 USC Sec. 1444                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT

-HEAD-
    Sec. 1444. Disclaimer of obligation to pay compensation

-STATUTE-
      Sections 1441 and 1442 of this title do not create or express any
    legal or moral obligation on the part of the United States
    Government to compensate any person for any impairment of the value
    of that person's investment in any operation for exploration or
    commercial recovery under subchapter I of this chapter which might
    occur in connection with the entering into force of an
    international agreement with respect to the United States.

-SOURCE-
    (Pub. L. 96-283, title II, Sec. 204, June 28, 1980, 94 Stat. 576.)

-End-


-CITE-
    30 USC SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS
           PROVISIONS                                      01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
         SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS     

-End-



-CITE-
    30 USC Sec. 1461                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1461. Prohibited acts

-STATUTE-
      It is unlawful for any person who is a United States citizen, or
    a foreign national on board a vessel documented or numbered under
    the laws of the United States, or subject to the jurisdiction of
    the United States under a reciprocating state agreement negotiated
    under section 1428(e) of this title - 
        (1) to violate any provision of this chapter, any regulation
      issued under this chapter, or any term, condition, or restriction
      of any license or permit issued to such person under this
      chapter;
        (2) to engage in exploration or commercial recovery after the
      revocation, or during the period of suspension, of an applicable
      license or permit issued under this chapter, to engage in a
      particular exploration or commercial recovery activity during the
      period such activity has been suspended under this chapter, or to
      fail to modify a particular exploration or commercial recovery
      activity for which modification was required under this chapter;
        (3) to refuse to permit any Federal officer or employee
      authorized to monitor or enforce the provisions of this chapter,
      as provided in sections 1424 and 1464 of this title, to board a
      vessel documented or numbered under the laws of the United
      States, or any vessel for which such boarding is authorized by a
      treaty or executive agreement, for purposes of conducting any
      search or inspection in connection with the monitoring or
      enforcement of this chapter or any regulation, term, condition,
      or restriction referred to in paragraph (1);
        (4) to forcibly assault, resist, oppose, impede, intimidate, or
      interfere with any such authorized officer or employee in the
      conduct of any search or inspection described in paragraph (3);
        (5) to resist a lawful arrest for any act prohibited by this
      section;
        (6) to ship, transport, offer for sale, sell, purchase, import,
      export, or have custody, control, or possession of any hard
      mineral resource recovered, processed, or retained in violation
      of this chapter or any regulation, term, condition, or
      restriction referred to in paragraph (1); or
        (7) to interfere with, delay, or prevent, by any means, the
      apprehension or arrest of any other person subject to this
      section knowing that such other person has committed any act
      prohibited by this section.

-SOURCE-
    (Pub. L. 96-283, title III, Sec. 301, June 28, 1980, 94 Stat. 577.)

-End-



-CITE-
    30 USC Sec. 1462                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1462. Civil penalties

-STATUTE-
    (a) Assessment of penalty
      Any person subject to section 1461 of this title who is found by
    the Administrator, after notice and an opportunity for a hearing in
    accordance with section 554 of title 5, to have committed any act
    prohibited by section 1461 of this title shall be liable to the
    United States for a civil penalty. The amount of the civil penalty
    shall not exceed $25,000 for each violation. Each day of a
    continuing violation shall constitute a separate offense. The
    amount of such civil penalty shall be assessed by the Administrator
    by written notice. In determining the amount of such penalty, the
    Administrator shall take into account the nature, circumstances,
    extent, and gravity of the prohibited act committed and, with
    respect to the violator, any history of prior offenses, good faith
    demonstrated in attempting to achieve timely compliance after being
    cited for the violation, and such other matters as justice may
    require.
    (b) Review of civil penalty
      Any person subject to section 1461 of this title against whom a
    civil penalty is assessed under subsection (a) of this section may
    obtain review thereof in an appropriate district court of the
    United States by filing a notice of appeal in such court within 30
    days from the date of such order and by simultaneously sending a
    copy of such notice by certified mail to the Administrator. The
    Administrator shall promptly file in such court a certified copy of
    the record upon which the particular violation was found and such
    penalty was imposed, as provided in section 2112 of title 28. The
    findings and order of the Administrator shall be set aside by such
    court if they are not found to be supported by substantial
    evidence, as provided in section 706(2)(E) of title 5.
    (c) Action upon failure to pay assessment
      If any person subject to section 1461 of this title fails to pay
    a civil penalty assessed against such person after the penalty has
    become final, or after the appropriate court has entered final
    judgment in favor of the Administrator, the Administrator shall
    refer the matter to the Attorney General of the United States, who
    shall recover the civil penalty assessed in any appropriate
    district court of the United States. In such action, the validity
    and appropriateness of the final order imposing the civil penalty
    shall not be subject to review.
    (d) Compromise or other action by the Administrator
      The Administrator may compromise, modify, or remit, with or
    without conditions, any civil penalty which is subject to
    imposition or which has been imposed under this section unless an
    action brought under subsection (b) or (c) of this section is
    pending in a court of the United States.

-SOURCE-
    (Pub. L. 96-283, title III, Sec. 302, June 28, 1980, 94 Stat. 577.)

-End-



-CITE-
    30 USC Sec. 1463                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1463. Criminal offenses

-STATUTE-
    (a) Offense
      A person subject to section 1461 of this title is guilty of an
    offense if such person willfully and knowingly commits any act
    prohibited by section 1461 of this title.
    (b) Punishment
      Any offense described in paragraphs (1), (2), and (6) of section
    1461 of this title is punishable by a fine of not more than $75,000
    for each day during which the violation continues. Any offense
    described in paragraphs (3), (4), (5), and (7) of section 1461 of
    this title is punishable by a fine of not more than $75,000 or
    imprisonment for not more than six months, or both. If, in the
    commission of any offense, the person subject to the jurisdiction
    of the United States uses a dangerous weapon, engages in conduct
    that causes bodily injury to any Federal officer or employee, or
    places any such Federal officer or employee in fear of imminent
    bodily injury, the offense is punishable by a fine of not more than
    $100,000 or imprisonment for not more than ten years, or both.

-SOURCE-
    (Pub. L. 96-283, title III, Sec. 303, June 28, 1980, 94 Stat. 578.)

-End-



-CITE-
    30 USC Sec. 1464                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1464. Enforcement

-STATUTE-
    (a) Responsibility
      Subject to the other provisions of this subsection, the
    Administrator shall enforce the provisions of this chapter. The
    Secretary of the department in which the Coast Guard is operating
    shall exercise such other enforcement responsibilities with respect
    to vessels subject to the provisions of this chapter as are
    authorized under other provisions of law and may, upon the specific
    request of the Administrator, assist the Administrator in the
    enforcement of the provisions of this chapter. The Secretary of the
    department in which the Coast Guard is operating shall have the
    exclusive responsibility for enforcement measures which affect the
    safety of life and property at sea. The Administrator and the
    Secretary of the department in which the Coast Guard is operating
    may, by agreement, on a reimbursable basis or otherwise, utilize
    the personnel, services, equipment, including aircraft and vessels,
    and facilities of any other Federal agency or department, and may
    authorize officers or employees of other departments or agencies to
    provide assistance as necessary in carrying out subsection (b) of
    this section. While providing such assistance, these officers and
    employees shall be under the control, authority, and supervision of
    the Coast Guard. The Administrator and the Secretary of the
    department in which the Coast Guard is operating may issue
    regulations jointly or severally as may be necessary and
    appropriate to carry out their duties under this section.
    (b) Powers of authorized officers
      To enforce this chapter on board any vessel subject to the
    provisions of this chapter, any officer who is authorized by the
    Administrator or by the Secretary of the department in which the
    Coast Guard is operating may - 
        (1) board and inspect any vessel which is subject to the
      provisions of this chapter;
        (2) search any such vessel if the officer has reasonable cause
      to believe that the vessel has been used or employed in the
      violation of any provision of this chapter;
        (3) arrest any person subject to section 1461 of this title if
      the officer has reasonable cause to believe that the person has
      committed a criminal offense under section 1463 of this title;
        (4) seize any such vessel together with its gear, furniture,
      appurtenances, stores, and cargo, used or employed in, or with
      respect to which it reasonably appears that such vessel was used
      or employed in, the violation of any provision of this chapter if
      such seizure is necessary to prevent evasion of the enforcement
      of this chapter;
        (5) seize any hard mineral resource recovered or processed in
      violation of any provision of this chapter;
        (6) seize any other evidence related to any violation of any
      provision of this chapter;
        (7) execute any warrant or other process issued by any court of
      competent jurisdiction; and
        (8) exercise any other lawful authority.
    (c) Definitions
      For purposes of this section, the term "provisions of this
    chapter" or "provision of this chapter" means (1) any provision of
    subchapter I or II of this chapter or this subchapter, (2) any
    regulation issued under subchapter I of this chapter, subchapter II
    of this chapter, or this subchapter, and (3) any term, condition,
    or restriction of any license or permit issued under subchapter I
    of this chapter.
    (d) Proprietary information
      Proprietary and privileged information seized or maintained under
    this subchapter concerning a person or vessel engaged in
    exploration or commercial recovery shall not be made available for
    general or public use or inspection. The Administrator and the
    Secretary of the department in which the Coast Guard is operating
    shall issue regulations to insure the confidentiality of privileged
    and proprietary information.

-SOURCE-
    (Pub. L. 96-283, title III, Sec. 304, June 28, 1980, 94 Stat. 578.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    30 USC Sec. 1465                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1465. Liability of vessels

-STATUTE-
      Any vessel documented or numbered under the laws of the United
    States (except a public vessel engaged in noncommercial activities)
    which is used in any violation of this chapter, any regulation
    issued under this chapter, or any term, condition, or restriction
    of any license or permit issued under subchapter I of this chapter
    shall be liable in rem for any civil penalty assessed or criminal
    fine imposed and may be proceeded against in any district court of
    the United States having jurisdiction thereof.

-SOURCE-
    (Pub. L. 96-283, title III, Sec. 305, June 28, 1980, 94 Stat. 579.)

-End-



-CITE-
    30 USC Sec. 1466                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1466. Civil forfeitures

-STATUTE-
    (a) In general
      Any vessel subject to the provisions of sections 1464 and 1465 of
    this title, including its gear, furniture, appurtenances, stores,
    and cargo, which is used, in any manner, in connection with or as a
    result of the commission of any act prohibited by section 1461 of
    this title and any hard mineral resource which is recovered,
    processed, or retained, in any manner, in connection with or as a
    result of the commission of any such act, shall be subject to
    forfeiture to the United States. All or part of such vessel, and
    all such hard mineral resources, may be forfeited to the United
    States pursuant to a civil proceeding under this section. All
    provisions of law relating to the seizure, judicial forfeiture, and
    condemnation of a vessel or cargo for violation of the customs
    laws, and the disposition of the vessel, cargo, or proceeds from
    the sale thereof and the remission or mitigation of such
    forfeitures shall apply to seizures and forfeitures incurred or
    alleged to have been incurred under the provisions of this section
    insofar as such provisions of law are applicable and not
    inconsistent with this chapter.
    (b) Jurisdiction of courts
      Any district court of the United States which has jurisdiction
    under section 1467 of this title shall have jurisdiction, upon
    application by the Attorney General on behalf of the United States,
    to order any forfeiture authorized under subsection (a) of this
    section and any action provided for under subsection (d) of this
    section.
    (c) Judgment
      If a judgment is entered for the United States in a civil
    forfeiture proceeding under this section, the Attorney General may
    seize any property or other interest declared forfeited to the
    United States which has not previously been seized pursuant to this
    chapter or for which security has not previously been obtained
    under subsection (d) of this section.
    (d) Procedure
      Any officer authorized to serve any process in rem which is
    issued by a court having jurisdiction under section 1467 of this
    title shall stay the execution of such process, or discharge any
    property seized pursuant to such process, upon the receipt of a
    satisfactory bond or other security from any person subject to
    section 1461 of this title claiming such property. Such bond or
    other security shall be conditioned upon such person (1) delivering
    such property to the appropriate court upon order thereof, without
    any impairment of its value; or (2) paying the monetary value of
    such property pursuant to any order of such court. Judgment shall
    be recoverable on such bond or other security against both the
    principal and any sureties in the event that any condition thereof
    is breached, as determined by such court.
    (e) Rebuttable presumption
      For purposes of this section, it shall be a rebuttable
    presumption that all hard mineral resources found on board a vessel
    subject to the provisions of sections 1464 and 1465 of this title
    which is seized in connection with an act prohibited by section
    1461 of this title were recovered, processed, or retained in
    violation of this chapter.

-SOURCE-
    (Pub. L. 96-283, title III, Sec. 306, June 28, 1980, 94 Stat. 580.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The customs laws, referred to in subsec. (a), are classified
    generally to Title 19, Customs Duties.

-End-



-CITE-
    30 USC Sec. 1467                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1467. Jurisdiction of courts

-STATUTE-
      The district courts of the United States shall have exclusive
    jurisdiction over any case or controversy arising under the
    provisions of this chapter. These courts may, at any time - 
        (1) enter restraining orders or prohibitions;
        (2) issue warrants, process in rem, or other process;
        (3) prescribe and accept satisfactory bonds or other security;
      and
        (4) take such other actions as are in the interest of justice.

-SOURCE-
    (Pub. L. 96-283, title III, Sec. 307, June 28, 1980, 94 Stat. 580.)

-End-



-CITE-
    30 USC Sec. 1468                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1468. Regulations

-STATUTE-
    (a) Proposed regulations
      Not later than 270 days after June 28, 1980, the Administrator
    shall solicit the views of the agency heads referred to in section
    1419(b) of this title and of interested persons, and issue, in
    accordance with section 553 of title 5, such proposed regulations
    as are required by or are necessary and appropriate to implement
    subchapters I and II of this chapter and this subchapter. The
    Administrator shall hold at least one public hearing on such
    proposed regulations.
    (b) Final regulations
      Not later than 180 days after the date on which proposed
    regulations are issued pursuant to subsection (a) of this section,
    the Administrator shall solicit the views of the agency heads
    referred to in section 1419(b) of this title and of interested
    persons, consider the comments received during the public hearing
    required in subsection (a) of this section and any written comments
    on the proposed regulations received by the Administrator, and
    issue, in accordance with section 553 of title 5, such regulations
    as are required by or are necessary and appropriate to implement
    subchapters I and II of this chapter and this subchapter.
    (c) Amendments
      The Administrator may at any time amend regulations issued
    pursuant to subsection (b) of this section as the Administrator
    determines to be necessary and appropriate in order to provide for
    the conservation of natural resources within the meaning of section
    1420 of this title, protection of the environment, and the safety
    of life and property at sea. Such amended regulations shall apply
    to all exploration or commercial recovery activities conducted
    under any license or permit issued or maintained pursuant to this
    chapter; except that any such amended regulations which provide for
    conservation of natural resources shall apply to exploration or
    commercial recovery conducted under an existing license or permit
    during the present term of such license or permit only if the
    Administrator determines that such amended regulations providing
    for conservation of natural resources will not impose serious or
    irreparable economic hardship on the licensee or permittee. Any
    amendment to regulations under this subsection shall be made on the
    record after an opportunity for an agency hearing.
    (d) Consistency
      This chapter and the regulations issued under this chapter shall
    not be deemed to supersede any other Federal laws or treaties or
    regulations issued thereunder.

-SOURCE-
    (Pub. L. 96-283, title III, Sec. 308, June 28, 1980, 94 Stat. 581.)

-End-



-CITE-
    30 USC Sec. 1469                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1469. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 96-283, title III, Sec. 309, June 28, 1980, 94
    Stat. 581, which required the Administrator of the National Oceanic
    and Atmospheric Administration to submit a biennial report to
    Congress on the administration of this chapter, terminated,
    effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,
    as amended, set out as a note under section 1113 of Title 31, Money
    and Finance. See, also, page 54 of House Document No. 103-7.

-End-



-CITE-
    30 USC Sec. 1470                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1470. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Administrator, for
    purposes of carrying out the provisions of subchapters I and II of
    this chapter and this subchapter, such sums as may be necessary for
    the fiscal years ending September 30, 1981, and September 30, 1982,
    and $1,469,000 for the fiscal year ending September 30, 1983,
    $2,150,000 for the fiscal year ending September 30, 1984,
    $1,500,000 for each of the fiscal years ending September 30, 1985,
    and September 30, 1986, $1,500,000 for each of the fiscal years
    ending September 30, 1987, September 30, 1988, and September 30,
    1989, and $1,525,000 for each of the fiscal years 1990, 1991, 1992,
    1993, and 1994.

-SOURCE-
    (Pub. L. 96-283, title III, Sec. 310, June 28, 1980, 94 Stat. 582;
    Pub. L. 97-416, Jan. 4, 1983, 96 Stat. 2084; Pub. L. 98-623, title
    IV, Sec. 403, Nov. 8, 1984, 98 Stat. 3408; Pub. L. 99-507, Sec. 2,
    Oct. 21, 1986, 100 Stat. 1847; Pub. L. 101-178, Sec. 1, Nov. 28,
    1989, 103 Stat. 1297.)


-MISC1-
                                AMENDMENTS                            
      1989 - Pub. L. 101-178 inserted provisions authorizing
    appropriations of $1,525,000 for each of fiscal years 1990, 1991,
    1992, 1993, and 1994.
      1986 - Pub. L. 99-507 inserted provisions authorizing
    appropriations of $1,500,000 for each of fiscal years ending Sept.
    30, 1987, Sept. 30, 1988, and Sept. 30, 1989.
      1984 - Pub. L. 98-623 inserted provisions authorizing
    appropriations of $1,500,000 for each of fiscal years ending Sept.
    30, 1985, and Sept. 30, 1986.
      1983 - Pub. L. 97-416 inserted provisions authorizing
    appropriations of $1,469,000 for fiscal year ending Sept. 30, 1983,
    and $2,150,000 for fiscal year ending Sept. 30, 1984.

-End-



-CITE-
    30 USC Sec. 1471                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1471. Severability

-STATUTE-
      If any provision of this chapter or any application thereof is
    held invalid, the validity of the remainder of the chapter, or any
    other application, shall not be affected thereby.

-SOURCE-
    (Pub. L. 96-283, title III, Sec. 311, June 28, 1980, 94 Stat. 582.)

-End-



-CITE-
    30 USC Sec. 1472                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1472. Deep Seabed Revenue Sharing Trust Fund; establishment

-STATUTE-
    (a) Creation of Trust Fund
      There is established in the Treasury of the United States a trust
    fund to be known as the "Deep Seabed Revenue Sharing Trust Fund"
    (hereinafter in this section referred to as the "Trust Fund"),
    consisting of such amounts as may be appropriated or credited to
    the Trust Fund as provided in this section.
    (b) Transfer to Trust Fund of amounts equivalent to certain taxes
      (1) In general
        There are hereby appropriated to the Trust Fund amounts
      determined by the Secretary of the Treasury to be equivalent to
      the amounts of the taxes received in the Treasury under section
      4495 (!1) of title 26.

      (2) Method of transfer
        The amounts appropriated by paragraph (1) shall be transferred
      at least quarterly from the general fund of the Treasury to the
      Trust Fund on the basis of estimates made by the Secretary of the
      Treasury of the amounts referred to in paragraph (1) received in
      the Treasury. Proper adjustments shall be made in the amounts
      subsequently transferred to the extent prior estimates were in
      excess of or less than the amount required to be transferred.
    (c) Management of Trust Fund
      (1) Report
        It shall be the duty of the Secretary of the Treasury to hold
      the Trust Fund, and to report to the Congress for the fiscal year
      ending September 30, 1980, and each fiscal year thereafter on the
      financial condition and the results of the operations of the
      Trust Fund during the preceding year and on its expected
      condition and operations during the fiscal year and the next five
      fiscal years after the fiscal year. Such report shall be printed
      as a House document of the session of the Congress to which the
      report is made.
      (2) Investment
        (A) In general
          It shall be the duty of the Secretary of the Treasury to
        invest such portion of the Trust Fund as is not, in his
        judgment, required to meet current withdrawals. Such
        investments may be made only in interest-bearing obligations of
        the United States. For such purpose, such obligations may be
        acquired (i) on original issue at the issue price, or (ii) by
        purchase of outstanding obligations at the market price.
        (B) Sale of obligations
          Any obligation acquired by the Trust Fund may be sold by the
        Secretary at the market price.
        (C) Interest on certain proceeds
          The interest on, and the proceeds from the sale or redemption
        of, any obligations held in the Trust Fund shall be credited to
        and form a part of the Trust Fund.
    (d) Expenditures from Trust Fund
      If an international deep seabed treaty is ratified by and in
    effect with respect to the United States on or before the date ten
    years after June 28, 1980, amounts in the Trust Fund shall be
    available, as provided by appropriations Acts, for making
    contributions required under such treaty for purposes of the
    sharing among nations of the revenues from deep seabed mining.
    Nothing in this subsection shall be deemed to authorize any program
    or other activity not otherwise authorized by law.
    (e) Use of funds
      If an international deep seabed treaty is not in effect with
    respect to the United States on or before the date ten years after
    June 28, 1980, amounts in the Trust Fund shall be available for
    such purposes as Congress may hereafter provide by law.
    (f) International deep seabed treaty
      For purposes of this section, the term "international deep seabed
    treaty" has the meaning given to such term by section 4498(b) (!1)
    of title 26.

-SOURCE-
    (Pub. L. 96-283, title IV, Sec. 403, June 28, 1980, 94 Stat. 584;
    Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 4495 and 4498 of title 26, referred to in subsecs.
    (b)(1) and (f), were repealed by Pub. L. 105-34, title XIV, Sec.
    1432(b)(1), Aug. 5, 1997, 111 Stat. 1050.

-COD-
                               CODIFICATION                           
      Section was enacted as part of title IV of Pub. L. 96-283, and
    not as part of title III of Pub. L. 96-283, which comprises this
    subchapter.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (b)(1). 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.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (c)(1) of this section relating to the duty of the Secretary of the
    Treasury to report annually to Congress, see section 3003 of Pub.
    L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance, and page 143 of House Document No. 103-
    7.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 1473                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
    SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1473. Revenue and customs or tariff treatment of deep seabed
      mining unaffected

-STATUTE-
      Except as otherwise provided in sections 4495 to 4498 (!1) of
    title 26, nothing in this chapter shall affect the application of
    title 26. Nothing in this chapter shall affect the application of
    the customs or tariff laws of the United States.


-SOURCE-
    (Pub. L. 96-283, title IV, Sec. 404, June 28, 1980, 94 Stat. 586;
    Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 4495 to 4498 of title 26, referred to in text, were in
    the original "section 402", meaning section 402 of Pub. L. 96-283,
    title IV, June 28, 1980, 94 Stat. 582, which enacted sections 4495
    to 4498 of Title 26, Internal Revenue Code, and enacted a provision
    set out as a note under section 4495 of Title 26. Sections 4495 to
    4498 of title 26 were repealed by Pub. L. 105-34, title XIV, Sec.
    1432(b)(1), Aug. 5, 1997, 111 Stat. 1050.
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 96-283, June 28, 1980, 94 Stat. 553, as
    amended, known as the Deep Seabed Hard Mineral Resources Act, which
    is classified principally to this chapter (Sec. 1401 et seq.). For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1401 of this title and Tables.
      The customs or tariff laws of the United States, referred to in
    text, are classified generally to Title 19, Customs Duties.

-COD-
                               CODIFICATION                           
      Section was enacted as part of title IV of Pub. L. 96-283, and
    not as part of title III of Pub. L. 96-283 which comprises this
    subchapter.


-MISC1-
                                AMENDMENTS                            
      1986 - 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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    30 USC CHAPTER 27 - GEOTHERMAL ENERGY                       01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY

-HEAD-
                      CHAPTER 27 - GEOTHERMAL ENERGY                  

-MISC1-
    Sec.                                                     
    1501.       Congressional statement of findings.                  

                       SUBCHAPTER I - PROJECT LOANS                   
    1511.       Loans for geothermal reservoir confirmation.          
    1512.       Loan size limitation.                                 
    1513.       Loan interest rates; repayment periods.               
    1514.       Program termination.                                  
    1515.       Regulations.                                          
    1516.       Authorizations.                                       

        SUBCHAPTER II - STUDY, ESTABLISHMENT, AND IMPLEMENTATION OF
                             INSURANCE PROGRAM
    1521.       Reservoir insurance program study.                    
    1522.       Establishment of program.                             

           SUBCHAPTER III - ESTABLISHMENT OF ASSISTANCE PROGRAM       
    1531.       Feasibility study loan program.                       

                    SUBCHAPTER IV - FEDERAL FACILITIES                
    1541.       Use of geothermal energy in Federal facilities.       
    1542.       Regulations.                                          

-End-



-CITE-
    30 USC Sec. 1501                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY

-HEAD-
    Sec. 1501. Congressional statement of findings

-STATUTE-
      The Congress finds that - 
        (1) domestic geothermal reserves can be developed into
      regionally significant energy sources promoting the economic
      health and national security of the Nation;
        (2) there are institutional and economic barriers to the
      commercialization of geothermal technology; and
        (3) Federal agencies should consider the use of geothermal
      energy in the Government's buildings.

-SOURCE-
    (Pub. L. 96-294, title VI, Sec. 602, June 30, 1980, 94 Stat. 763.)


-MISC1-
                                SHORT TITLE                            
      Section 601 of title VI of Pub. L. 96-294 provided that: "This
    title [enacting this chapter and sections 1146 and 1147 of this
    title and amending sections 1141 and 1143 of this title and
    sections 796, 824a-3, 824i, and 824j of Title 16, Conservation] may
    be cited as the 'Geothermal Energy Act of 1980'."

-End-


-CITE-
    30 USC SUBCHAPTER I - PROJECT LOANS                         01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER I - PROJECT LOANS

-HEAD-
                       SUBCHAPTER I - PROJECT LOANS                   

-End-



-CITE-
    30 USC Sec. 1511                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER I - PROJECT LOANS

-HEAD-
    Sec. 1511. Loans for geothermal reservoir confirmation

-STATUTE-
    (a) Authorization; purposes
      The Secretary of Energy (hereafter in this chapter referred to as
    the "Secretary") is authorized to make a loan to any person, from
    funds appropriated (pursuant to this subchapter) to the Geothermal
    Resources Development Fund established under section 1144 of this
    title, to assist such person in undertaking and carrying out a
    project which (1) is designed to explore for or determine the
    economic viability of a geothermal reservoir and (2) consists of
    surface exploration and the drilling of one or more exploratory
    wells.
    (b) Repayment rates
      Subject to subsection (c) of this section and to section 1513(b)
    of this title, any loan under subsection (a) of this section shall
    be repayable out of revenue from production of the geothermal
    energy reservoir with respect to which the loan was made, at a
    rate, in any year, not to exceed 20 per centum of the gross revenue
    from the reservoir in that year; except that if any disposition of
    the geothermal rights to the reservoir is made to one or more other
    persons by the borrower, the full amount of the loan balance
    outstanding, or so much of the loan balance outstanding as is equal
    to the full amount of the compensation realized by the borrower
    upon such disposition, whichever is less, shall be repaid
    immediately. In any case where the reservoir is confirmed (as
    determined by the Secretary), the Secretary may impute a reasonable
    revenue for purposes of determining repayment if - 
        (1) reasonable efforts are not made to put such reservoir in
      commercial operation,
        (2) the borrower (or any such other person) utilizes the
      resources of the reservoir without a sale of the energy or
      geothermal energy resources therefrom, or
        (3) a sale of energy or geothermal energy resources from the
      reservoir is made for an unreasonably low price;

    except that no such imputation of revenue shall be made during the
    three-year period immediately following such reservoir
    confirmation. In the event of failure to begin production of
    revenue (or, where no sale of energy or geothermal energy resources
    is made, to begin production of energy for commercial use) within
    five years after the date of such reservoir confirmation, the
    Secretary may take action to recover the value, not to exceed the
    amount of the unpaid balance of the loan plus any accrued interest
    thereon, of any assets of the project in question, including
    resource rights.
    (c) Cancellation of unpaid balance and accrued interest
      The Secretary may at any time cancel the unpaid balance and any
    accrued interest on any loan made under this section if he
    determines, on the basis of evidence presented by the loan
    recipient or otherwise, that the geothermal energy reservoir with
    respect to which the loan was made has characteristics which make
    that reservoir economically or technically unacceptable for
    commercial development.
    (d) "Person" defined
      As used in this subchapter, the term "person" includes
    municipalities, electric cooperatives, industrial development
    agencies, nonprofit organizations, and Indian tribes, as well as
    the entities included within such term under section 1 of title 1.

-SOURCE-
    (Pub. L. 96-294, title VI, Sec. 611, June 30, 1980, 94 Stat. 763.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this title", meaning title VI of Pub. L. 96-294, June 30, 1980, 94
    Stat. 763, known as the Geothermal Energy Act of 1980. For complete
    classification of title VI to the Code, see Short Title note set
    out under section 1501 of this title and Tables.

-End-



-CITE-
    30 USC Sec. 1512                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER I - PROJECT LOANS

-HEAD-
    Sec. 1512. Loan size limitation

-STATUTE-
      The amount of any loan made under section 1511(a) of this title
    with respect to a project described in that section shall not
    exceed 50 percent of the cost of such project; except that if the
    loan is made to a person proposing to make application of the
    resources of the reservoir involved primarily for space heating or
    cooling or process heat for one or more structures or facilities
    then existing or under construction, the loan may be in any amount
    up to 90 per centum of such cost. In any event no loan shall be
    made in an amount in excess of $3,000,000.

-SOURCE-
    (Pub. L. 96-294, title VI, Sec. 612, June 30, 1980, 94 Stat. 764.)

-End-



-CITE-
    30 USC Sec. 1513                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER I - PROJECT LOANS

-HEAD-
    Sec. 1513. Loan interest rates; repayment periods

-STATUTE-
      (a) Each loan made under section 1511 of this title shall bear
    interest at a discount or interest rate equal to the rate in effect
    (at the time the loan is made) for water resources planning
    projects under section 80 of the Water Resources Development Act of
    1974 (42 U.S.C. 1962(d)-17(a)).(!1)

      (b) Each such loan shall be for a term which the Secretary deems
    appropriate, except that no loan term shall exceed twenty years
    beyond the date on which production of energy or geothermal energy
    resources begins from the reservoir involved. If revenues are
    inadequate (as determined by the Secretary) to fully repay the
    principal and accrued interest within twenty years after production
    begins, any remaining unpaid amounts shall be forgiven.

-SOURCE-
    (Pub. L. 96-294, title VI, Sec. 613, June 30, 1980, 94 Stat. 764.)

-FOOTNOTE-               

    (!1) So in original. Should be "(42 U.S.C. 1962d-17(a))."


-End-



-CITE-
    30 USC Sec. 1514                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER I - PROJECT LOANS

-HEAD-
    Sec. 1514. Program termination

-STATUTE-
      No new loans shall be made under this subchapter after September
    30, 1986. Amounts repaid on or before September 30, 1986, on loans
    theretofore made under section 1511 of this title shall be
    deposited in the Geothermal Resources Development Fund for purposes
    of this subchapter. Amounts repaid after that date on loans
    theretofore made under section 1511 of this title, and amounts
    deposited in the Fund for purposes of this subchapter which remain
    in the Fund after that date and are not required to secure
    outstanding obligations under this subchapter, shall be deposited
    into the United States Treasury as miscellaneous receipts.

-SOURCE-
    (Pub. L. 96-294, title VI, Sec. 614, June 30, 1980, 94 Stat. 764.)

-End-



-CITE-
    30 USC Sec. 1515                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER I - PROJECT LOANS

-HEAD-
    Sec. 1515. Regulations

-STATUTE-
      The Secretary shall promulgate regulations to carry out this
    subchapter no later than six months after June 30, 1980.

-SOURCE-
    (Pub. L. 96-294, title VI, Sec. 615, June 30, 1980, 94 Stat. 764.)

-End-



-CITE-
    30 USC Sec. 1516                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER I - PROJECT LOANS

-HEAD-
    Sec. 1516. Authorizations

-STATUTE-
      There are hereby authorized to be appropriated for loans under
    this subchapter not to exceed $5,000,000 for fiscal year 1981, and
    not to exceed $20,000,000 for each of the four succeeding fiscal
    years. Amounts so appropriated shall be deposited in the Geothermal
    Resources Development Fund for purposes of this subchapter, and
    shall remain available for such purposes until expended.

-SOURCE-
    (Pub. L. 96-294, title VI, Sec. 616, June 30, 1980, 94 Stat. 765.)

-End-


-CITE-
    30 USC SUBCHAPTER II - STUDY, ESTABLISHMENT, AND
           IMPLEMENTATION OF INSURANCE PROGRAM             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER II - STUDY, ESTABLISHMENT, AND IMPLEMENTATION OF
                     INSURANCE PROGRAM         

-HEAD-
        SUBCHAPTER II - STUDY, ESTABLISHMENT, AND IMPLEMENTATION OF
                             INSURANCE PROGRAM

-End-



-CITE-
    30 USC Sec. 1521                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER II - STUDY, ESTABLISHMENT, AND IMPLEMENTATION OF
                     INSURANCE PROGRAM         

-HEAD-
    Sec. 1521. Reservoir insurance program study

-STATUTE-
      The Secretary shall conduct a detailed study of the need for and
    feasibility of establishing a reservoir insurance and reinsurance
    program incorporating the terms, conditions, and provisions set
    forth in section 1522 of this title, and shall submit to the
    Congress within one year after June 30, 1980, a report on the
    results of such study including his findings and recommendations
    with respect thereto.

-SOURCE-
    (Pub. L. 96-294, title VI, Sec. 621, June 30, 1980, 94 Stat. 765.)

-End-



-CITE-
    30 USC Sec. 1522                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER II - STUDY, ESTABLISHMENT, AND IMPLEMENTATION OF
                     INSURANCE PROGRAM         

-HEAD-
    Sec. 1522. Establishment of program

-STATUTE-
    (a) Authorization; requirements; scope
      If the report of the Secretary submitted pursuant to section 1521
    of this title affirmatively recommends the establishment of the
    program and the Congress by law (after review of such
    recommendation) specifically authorizes the establishment of the
    program, the Secretary shall establish and implement within six
    months after the date of the enactment of such authorization a
    program, in cooperation with the insurance and reinsurance
    industry, to provide reservoir insurance to qualified eligible
    applicants in accordance with this section.
    (b) Definitions
      For the purpose of this section - 
        (1) the term "investment" means the expenditure of, and any
      irrevocable legal obligation to expend, funds (together with the
      reasonable interest costs thereof) for the purchase or
      construction of machinery, equipment, and facilities
      manufactured, or for services contracted to be furnished, for the
      development and utilization of a geothermal resource in the
      United States to provide energy in the form of heat for direct
      use or for generation of electricity;
        (2) the term "geothermal resource" means a resource in the
      United States including (A) all products of geothermal processes
      embracing indigenous steam, hot water, and hot brines; (B) steam
      and other gases, hot water and hot brines resulting from water,
      gas, or other fluids artificially introduced into geothermal
      formations; (C) heat or other associated energy found in
      geothermal formations; and (D) any byproducts derived from them,
      where "byproduct" means any mineral or minerals (exclusive of
      oil, hydrocarbon gas, and helium) which are found in solution or
      in association with other geothermal resources and which have a
      value of less than 75 per centum of the value of the geothermal
      steam or are not, because of quantity, quality, or technical
      difficulties in extraction and production, of sufficient value to
      warrant extraction and production by themselves;
        (3) the term "risk" means the hazard that a reservoir of
      geothermal resources will cease to provide sufficient quantities
      of geothermal resources at minimum conditions required to
      maintain an economically or technically viable operation for
      utilization of the geothermal resource;
        (4) the term "reasonable premiums" means premium amounts
      determined by the Secretary to be reasonable in light of the
      amount of investment subject to the risk and premiums charged in
      similar or analogous situations by private insurers where private
      insurance is concerned and by insurers or guarantors, both public
      and private, where public insurance is concerned;
        (5) the term "other insurance" means any combination of private
      or public insurance other than investment insurance provided by
      the Secretary under this section;
        (6) the term "reservoir" means the physical subsurface geologic
      structure which forms the natural repository for the undisturbed
      geothermal resource; and
        (7) the term "person" means any public or private agency,
      institution, association, partnership, corporation, political
      subdivision, or other legal entity which is a United States
      citizen as determined by application of the test for United
      States citizenship contained in section 50501 of title 46, or in
      the first sentence of section 27A of the Merchant Marine Act,
      1920 (46 U.S.C. 883-1(a)-(e)).(!1)

    (c) Eligibility for investment insurance
      Any person with a total direct investment of not less than
    $1,000,000 in the development and use, not including exploration
    and testing, of a geothermal resource associated with a reservoir,
    and unable to obtain other insurance at reasonable premiums for the
    amount of the investment subject to risk, as determined by the
    Secretary under this section, shall be eligible for investment
    insurance.
    (d) Application for investment insurance; contents, etc.
      Any eligible person seeking investment insurance under this
    section shall file an application with the Secretary setting forth
    (1) the total amount of the contemplated investment in a geothermal
    resource and associated reservoir; (2) the views of the applicant
    concerning the nature and extent of the risk, including a geologic,
    engineering, and financial assessment based on site specific
    results of exploration and testing of the geothermal resource and
    the reservoir, stated with as much specificity as is possible; (3)
    the status of all required Federal, State, and local approvals,
    permits, and leases for the proposed development and utilization
    operations at the site; (4) the extent to which the applicant has
    been able to obtain other insurance against the risk; and (5) such
    other information as the Secretary may require.
    (e) Determinations respecting application for insurance
      Unless the Secretary determines the risk proposed by the
    applicant is unreasonable, the Secretary, within ninety days after
    receipt of a satisfactory application, shall determine in writing
    and submit to the applicant (1) the risk which may cause loss of
    investment for the applicant; (2) the total investment subject to
    the risk; (3) the amount of the other insurance which is available
    at reasonable premiums for the purpose of indemnifying the
    applicant against the risk; (4) the amount of investment insurance
    available pursuant to this section, which shall be the difference
    between the total investment subject to the risk and the total
    other insurance determined to be available at reasonable premiums,
    but not in excess of the lesser of 90 per centum of, or $50,000,000
    of, the loss of investment subject to the risk; and (5) any
    reasonable terms and conditions necessary for the prudent
    administration of the program, including reasonable premiums for
    the insurance pursuant to this section (which shall be deposited in
    the Geothermal Resources Development Fund).
    (f) Certificate of insurance; issuance, etc.
      The Secretary, within ninety days after making and submitting the
    determinations under subsection (e) of this section, and upon
    agreement of the applicant to such determinations, shall issue a
    certificate of insurance containing such terms and conditions as
    the Secretary shall specify, which shall not be transferrable
    without the express approval of the Secretary for good cause shown,
    and shall execute a contract with the applicant setting forth the
    terms and conditions of the investment insurance and such other
    provisions as may be necessary to protect the interests of the
    United States, including provisions with respect to the ownership,
    use, and disposition of any currency, credits, assets, or
    investments on account of which payment under such insurance is to
    be made and any right, title, claim, or course of action existing
    in relation thereto.
    (g) Compensation payable to holder of certificate of insurance;
      amount, etc.
      Any holder of a certificate of insurance pursuant to subsection
    (f) of this section who claims a loss of value of his investment by
    reason of the specified risk shall receive compensation, to the
    extent the Secretary determines that the holder is eligible to
    receive compensation pursuant to the certificate and the contract,
    in the amount of the loss incurred by the holder which is subject
    to insurance and for which the holder has not received and will not
    receive compensation from other insurance.
    (h) Withdrawal and payment of compensation
      Any compensation received by the holder shall be withdrawn from
    the Geothermal Resources Development Fund. The full faith and
    credit of the United States is hereby pledged to the payment of any
    compensation under this section.
    (i) Denial of insurance
      A person shall not be denied insurance pursuant to this section
    solely because such person is the recipient of other Federal
    assistance under this or any other Act.
    (j) Appropriations
      There may be appropriated to the Geothermal Resources Development
    Fund (established pursuant to section 1144 of this title), for
    purposes of this section, such amounts as are authorized for such
    purposes in the law referred to in subsection (a) of this section
    or in other legislation hereafter enacted.
    (k) Reinsurance agreements; procedures applicable; criteria; report
      to Congress
      The Secretary may enter into agreements to reinsure any private
    insurer for any risk associated with insurance for the development
    and utilization of a geothermal resource and associated reservoir,
    using the procedures set forth in subsections (c) through (i) of
    this section, to the extent that he deems it appropriate in order
    to provide an incentive for the participation of the private
    insurance industry in geothermal development; and he may also use
    any other available authority to obtain such participation. The
    Secretary shall submit a report to the Congress, within one year
    after the enactment of the law referred to in subsection (a) of
    this section, on the need for any additional authority to obtain
    such participation.

-SOURCE-
    (Pub. L. 96-294, title VI, Sec. 622, June 30, 1980, 94 Stat. 765.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 27A of the Merchant Marine Act, 1920, referred to in
    subsec. (b)(7), is section 27A of ch. 250 of act June 5, 1920, as
    added Pub. L. 85-902, Sept. 2, 1958, 72 Stat. 1736, which was
    classified to section 883-1 of the former Appendix to Title 46,
    Shipping, and was repealed and restated in section 12118 of Title
    46, by Pub. L. 109-304, Secs. 5, 19, Oct. 6, 2006, 120 Stat. 1491,
    1710.
      This Act, referred to in subsec. (i), is Pub. L. 96-294, June 30,
    1980, 94 Stat. 611, as amended, known as the Energy Security Act.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 8801 of Title 42, The Public
    Health and Welfare, and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (b)(7), "section 50501 of title 46" substituted for
    "section 2(a)-(c) of the Shipping Act, 1916 (46 U.S.C. 802)" on
    authority of Pub. L. 109-304, Sec. 18(c), Oct. 6, 2006, 120 Stat.
    1709, which Act enacted section 50501 of Title 46, Shipping.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-


-CITE-
    30 USC SUBCHAPTER III - ESTABLISHMENT OF ASSISTANCE
           PROGRAM                                         01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER III - ESTABLISHMENT OF ASSISTANCE PROGRAM

-HEAD-
           SUBCHAPTER III - ESTABLISHMENT OF ASSISTANCE PROGRAM       

-End-



-CITE-
    30 USC Sec. 1531                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER III - ESTABLISHMENT OF ASSISTANCE PROGRAM

-HEAD-
    Sec. 1531. Feasibility study loan program

-STATUTE-
    (a) Authorization; purposes
      The Secretary is authorized and directed to establish a program
    of assistance for the accelerated development of geothermal
    resources for nonelectric applications by geothermal utility
    districts, geothermal industrial development districts, and other
    persons.
    (b) Maximum amount of loan for costs of administration;
      cancellation of unpaid balance and accrued interest
      (1) In providing assistance under the program established
    pursuant to subsection (a) of this section, the Secretary is
    authorized to make a loan to any person to defray up to 90 per
    centum of the costs of (A) studies to determine the feasibility of
    any geothermal development described in such subsection, and (B)
    preparing applications for any necessary licenses or other Federal,
    State, and local approvals respecting such development.
      (2) The Secretary may cancel the unpaid balance and any accrued
    interest on any loan granted for a study pursuant to clause (A) of
    paragraph (1) if he determines, on the basis of the study, that the
    geothermal development is not technically or economically feasible.
    (c) Maximum amount of loan for costs of construction
      In providing assistance under such program, the Secretary is also
    authorized to make a loan to any person to defray up to 75 per
    centum of the costs directly related to the construction of a
    system or systems for nonelectric geothermal development pursuant
    to such subsection, where the Secretary finds that - 
        (1) all necessary licenses and other required Federal, State,
      and local approvals for construction of such system or systems
      have been or will be issued,
        (2) the project involved will comply with all applicable laws
      relating to protection of the environment, and
        (3) the applicant requires such assistance to undertake and
      complete the project.
    (d) Interest rate; term
      Each loan made pursuant to this section shall bear interest at a
    discount or interest rate equal to the rate in effect (at the time
    the loan is made) for water resources planning projects under
    section 80 of the Water Resources Development Act of 1974 (42
    U.S.C. 1962(d)-17(a)).(!1) Each loan shall be for such term as the
    Secretary deems appropriate, but not in excess of ten years for
    loans under subsection (b) of this section or thirty years for
    loans under subsection (c) of this section.

    (e) Funding; deposit of amount repaid
      Loans pursuant to this section shall be made from funds
    appropriated (pursuant to this subchapter) to the Geothermal
    Resources Development Fund established under section 1144 of this
    title; and amounts repaid on such loans shall be deposited in the
    Geothermal Resources Development Fund for purposes of this
    subchapter.
    (f) Authorization of appropriations
      For loans under clause (A) of subsection (b)(1) of this section
    for fiscal year 1981, there is authorized to be appropriated to the
    Geothermal Resources Development Fund not to exceed $5,000,000,
    which shall remain available until expended. For loans under such
    clause (A) for subsequent fiscal years, and for loans under clause
    (B) of subsection (b)(1) of this section or under subsection (c) of
    this section (for any such subsequent fiscal year), there may be
    appropriated to such Fund only such sums as are authorized by
    legislation hereafter enacted.
    (g) "Person" defined
      As used in this section, the term "person" includes
    municipalities, cooperatives, industrial development agencies,
    nonprofit organizations, and Indian tribes, as well as the
    districts referred to in subsection (a) of this section and the
    other entities included within such term under section 1 of title
    1.

-SOURCE-
    (Pub. L. 96-294, title VI, Sec. 631, June 30, 1980, 94 Stat. 767.)

-FOOTNOTE-
    (!1) So in original. Should be "(42 U.S.C. 1962d-17(a))."


-End-


-CITE-
    30 USC SUBCHAPTER IV - FEDERAL FACILITIES                   01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER IV - FEDERAL FACILITIES

-HEAD-
                    SUBCHAPTER IV - FEDERAL FACILITIES                

-End-



-CITE-
    30 USC Sec. 1541                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER IV - FEDERAL FACILITIES

-HEAD-
    Sec. 1541. Use of geothermal energy in Federal facilities

-STATUTE-
      The option of using geothermal energy or geothermal energy
    resources shall be considered fully in any new Federal building,
    facility, or installation which is located in a geothermal resource
    area as designated by the Secretary.

-SOURCE-
    (Pub. L. 96-294, title VI, Sec. 642, June 30, 1980, 94 Stat. 769.)

-End-



-CITE-
    30 USC Sec. 1542                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 27 - GEOTHERMAL ENERGY
    SUBCHAPTER IV - FEDERAL FACILITIES

-HEAD-
    Sec. 1542. Regulations

-STATUTE-
      All regulations made with respect to this subchapter shall be
    promulgated no later than six months after June 30, 1980.

-SOURCE-
    (Pub. L. 96-294, title VI, Sec. 644, June 30, 1980, 94 Stat. 770.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    subtitle", meaning subtitle D of title VI of Pub. L. 96-294, June
    30, 1980, 94 Stat. 768, which enacted this subchapter and sections
    1146 and 1147 of this title and amended sections 1141 and 1143 of
    this title and sections 796, 824a-3, 824i, and 824j of Title 16,
    Conservation.

-End-


-CITE-
    30 USC CHAPTER 28 - MATERIALS AND MINERALS POLICY,
           RESEARCH, AND DEVELOPMENT                       01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND
                  DEVELOPMENT                     

-HEAD-
         CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND
                                DEVELOPMENT

-MISC1-
    Sec.                                                     
    1601.       Congressional statement of findings; "materials"
                 defined.                                             
    1602.       Congressional declaration of policies.                
    1603.       Implementation of policies.                           
    1604.       Program administration.                               
    1605.       Applicability to other statutory national mining and
                 minerals policies.                                   

-End-



-CITE-
    30 USC Sec. 1601                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND
                  DEVELOPMENT                     

-HEAD-
    Sec. 1601. Congressional statement of findings; "materials" defined

-STATUTE-
      (a) The Congress finds that - 
        (1) the availability of materials is essential for national
      security, economic well-being, and industrial production;
        (2) the availability of materials is affected by the stability
      of foreign sources of essential industrial materials, instability
      of materials markets, international competition and demand for
      materials, the need for energy and materials conservation, and
      the enhancement of environmental quality;
        (3) extraction, production, processing, use, recycling, and
      disposal of materials are closely linked with national concerns
      for energy and the environment;
        (4) the United States is strongly interdependent with other
      nations through international trade in materials and other
      products;
        (5) technological innovation and research and development are
      important factors which contribute to the availability and use of
      materials;
        (6) the United States lacks a coherent national materials
      policy and a coordinated program to assure the availability of
      materials critical for national economic well-being, national
      defense, and industrial production, including interstate commerce
      and foreign trade; and
        (7) notwithstanding the enactment of section 21a of this title,
      the United States does not have a coherent national materials and
      minerals policy.

      (b) As used in this chapter, the term "materials" means
    substances, including minerals, of current or potential use that
    will be needed to supply the industrial, military, and essential
    civilian needs of the United States in the production of goods or
    services, including those which are primarily imported or for which
    there is a prospect of shortages or uncertain supply, or which
    present opportunities in terms of new physical properties, use,
    recycling, disposal or substitution, with the exclusion of food and
    of energy fuels used as such.

-SOURCE-
    (Pub. L. 96-479, Sec. 2, Oct. 21, 1980, 94 Stat. 2305.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 96-479 provided: "That this Act [enacting
    this chapter] may be cited as the 'National Materials and Minerals
    Policy, Research and Development Act of 1980'."

-End-



-CITE-
    30 USC Sec. 1602                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND
                  DEVELOPMENT                     

-HEAD-
    Sec. 1602. Congressional declaration of policies

-STATUTE-
      The Congress declares that it is the continuing policy of the
    United States to promote an adequate and stable supply of materials
    necessary to maintain national security, economic well-being and
    industrial production with appropriate attention to a long-term
    balance between resource production, energy use, a healthy
    environment, natural resources conservation, and social needs. The
    Congress further declares that implementation of this policy
    requires that the President shall, through the Executive Office of
    the President, coordinate the responsible departments and agencies
    to, among other measures - 
        (1) identify materials needs and assist in the pursuit of
      measures that would assure the availability of materials critical
      to commerce, the economy, and national security;
        (2) establish a mechanism for the coordination and evaluation
      of Federal materials programs, including those involving research
      and development so as to complement related efforts by the
      private sector as well as other domestic and international
      agencies and organizations;
        (3) establish a long-range assessment capability concerning
      materials demands, supply and needs, and provide for the policies
      and programs necessary to meet those needs;
        (4) promote a vigorous, comprehensive, and coordinated program
      of materials research and development consistent with the
      policies and priorities set forth in the National Science and
      Technology Policy, Organization, and Priorities Act of 1976 (42
      U.S.C. 6601 et seq.);
        (5) promote cooperative research and development programs with
      other nations for the equitable and frugal use of materials and
      energy;
        (6) promote and encourage private enterprise in the development
      of economically sound and stable domestic materials industries;
      and
        (7) encourage Federal agencies to facilitate availability and
      development of domestic resources to meet critical materials
      needs.

-SOURCE-
    (Pub. L. 96-479, Sec. 3, Oct. 21, 1980, 94 Stat. 2305.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Science and Technology Policy, Organization, and
    Priorities Act of 1976, referred to in par. (4), is Pub. L. 94-282,
    May 11, 1976, 90 Stat. 459, as amended, which is classified
    principally to chapter 79 (Sec. 6601 et seq.) of Title 42, The
    Public Health and Welfare. For complete classification of this Act
    to the Code, see Short Title note set out under section 6601 of
    Title 42 and Tables.

-End-



-CITE-
    30 USC Sec. 1603                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND
                  DEVELOPMENT                     

-HEAD-
    Sec. 1603. Implementation of policies

-STATUTE-
      For the purpose of implementing the policies set forth in section
    1602 of this title and the provisions of section 1604 of this
    title, the Congress declares that the President shall, through the
    Executive Office of the President, coordinate the responsible
    departments and agencies, and shall - 
        (1) direct that the responsible departments and agencies
      identify, assist, and make recommendations for carrying out
      appropriate policies and programs to ensure adequate, stable, and
      economical materials supplies essential to national security,
      economic well-being, and industrial production;
        (2) support basic and applied research and development to
      provide for, among other objectives - 
          (A) advanced science and technology for the exploration,
        discovery, and recovery of nonfuel materials;
          (B) enhanced methods or processes for the more efficient
        production and use of renewable and nonrenewable resources;
          (C) improved methods for the extraction, processing, use,
        recovery, and recycling of materials which encourage the
        conservation of materials, energy, and the environment; and
          (D) improved understanding of current and new materials
        performance, processing, substitution, and adaptability in
        engineering designs;

        (3) provide for improved collection, analysis, and
      dissemination of scientific, technical and economic materials
      information and data from Federal, State, and local governments
      and other sources as appropriate;
        (4) assess the need for and make recommendations concerning the
      availability and adequacy of supply of technically trained
      personnel necessary for materials research, development,
      extraction, harvest and industrial practice, paying particular
      regard to the problem of attracting and maintaining high quality
      materials professionals in the Federal service;
        (5) establish early warning systems for materials supply
      problems;
        (6) recommend to the Congress appropriate measures to promote
      industrial innovation in materials and materials technologies;
        (7) encourage cooperative materials research and problem-
      solving by - 
          (A) private corporations performing the same or related
        activities in materials industries; and
          (B) Federal and State institutions having shared interests or
        objectives;

        (8) assess Federal policies which adversely or positively
      affect all stages of the materials cycle, from exploration to
      final product recycling and disposal including but not limited
      to, financial assistance and tax policies for recycled and virgin
      sources of materials and make recommendations for equalizing any
      existing imbalances, or removing any impediments, which may be
      created by the application of Federal law and regulations to the
      market for materials; and
        (9) assess the opportunities for the United States to promote
      cooperative multilateral and bilateral agreements for materials
      development in foreign nations for the purpose of increasing the
      reliability of materials supplies to the Nation.

-SOURCE-
    (Pub. L. 96-479, Sec. 4, Oct. 21, 1980, 94 Stat. 2306.)

-End-



-CITE-
    30 USC Sec. 1604                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND
                  DEVELOPMENT                     

-HEAD-
    Sec. 1604. Program administration

-STATUTE-
    (a) President; preparation of plan and submission to Congress of
      report
      Within 1 year after October 21, 1980, the President shall submit
    to the Congress - 
        (1) a program plan to implement such existing or prospective
      proposals and organizational structures within the executive
      branch as he finds necessary to carry out the provisions set
      forth in sections 1602 and 1603 of this title. The plan shall
      include program and budget proposals and organizational
      structures providing for the following minimum elements:
          (A) policy analysis and decision determination within the
        Executive Office of the President;
          (B) continuing long-range analysis of materials use to meet
        national security, economic, industrial and social needs; the
        adequacy and stability of supplies; and the industrial and
        economic implications of supply shortages or disruptions;
          (C) continuing private sector consultation in Federal
        materials programs; and
          (D) interagency coordination at the level of the President's
        Cabinet;

        (2) recommendations for the collection, analysis, and
      dissemination of information concerning domestic and
      international long-range materials demand, supply and needs,
      including consideration of the establishment of a separate
      materials information agency patterned after the Bureau of Labor
      Statistics; and
        (3) recommendations for legislation and administrative
      initiatives necessary to reconcile policy conflicts and to
      establish programs and institutional structures necessary to
      achieve the goals of a national materials policy.
    (b) Director of Office of Science and Technology Policy;
      coordination, etc., activities
      In accordance with the provisions of the National Science and
    Technology Policy, Organization, and Priorities Act of 1976 (42
    U.S.C. 6601 et seq.), the Director of the Office of Science and
    Technology Policy shall:
        (1) through the Federal Coordinating Council for Science,
      Engineering, and Technology coordinate Federal materials research
      and development and related activities in accordance with the
      policies and objectives established in this chapter;
        (2) place special emphasis on the long-range assessment of
      national materials needs related to scientific and technological
      concerns and the research and development, Federal and private,
      necessary to meet those needs; and
        (3) prepare an assessment of national materials needs related
      to scientific and technological changes over the next five years.
      Such assessment shall be revised on an annual basis. Where
      possible, the Director shall extend the assessment in 10- and 25-
      year increments over the whole expected lifetime of such needs
      and technologies.
    (c) Secretary of Commerce; consultative, etc., requirements;
      identification and assessment activities
      The Secretary of Commerce, in consultation with the Federal
    Emergency Management Administration, the Secretary of the Interior,
    the Secretary of Defense, the Director of the Central Intelligence
    Agency, and such other members of the Cabinet as may be appropriate
    shall - 
        (1) within 3 months after October 21, 1980, identify and submit
      to the Congress a specific materials needs case related to
      national security, economic well-being and industrial production
      which will be the subject of the report required by paragraph (2)
      of this subsection;
        (2) within 1 year after October 21, 1980, submit to the
      Congress a report which assesses critical materials needs in the
      case identified in paragraph (1) of this subsection, and which
      recommends programs that would assist in meeting such needs,
      including an assessment of economic stockpiles; and
        (3) continually thereafter identify and assess additional
      cases, as necessary, to ensure an adequate and stable supply of
      materials to meet national security, economic well-being and
      industrial production needs.
    (d) Secretary of Defense and other Cabinet members; assessment,
      etc., activities
      The Secretary of Defense, together with such other members of the
    Cabinet as are deemed necessary by the President, shall prepare a
    report assessing critical materials needs related to national
    security and identifying the steps necessary to meet those needs.
    The report shall include an assessment of the Defense Production
    Act of 1950 (50 U.S.C. App. 2061 et seq.), and the Strategic and
    Critical Materials Stock Piling Act (50 U.S.C. App. 98 et seq.) [50
    U.S.C. 98 et seq.]. Such report shall be made available to the
    Congress within 1 year after October 21, 1980, and shall be revised
    periodically as deemed necessary.
    (e) Secretary of the Interior; initiation of actions; report
      The Secretary of the Interior shall promptly initiate actions to -
     
        (1) improve the capacity of the United States Bureau of Mines
      to assess international minerals supplies;
        (2) increase the level of mining and metallurgical research by
      the United States Bureau of Mines in critical and strategic
      minerals; and
        (3) improve the availability and analysis of mineral data in
      Federal land use decisionmaking.

    A report summarizing actions required by this subsection shall be
    made available to the Congress within 1 year after October 21,
    1980.
    (f) Secretary of the Interior; collection, evaluation, and analysis
      activities concerning information
      In furtherance of the policies of this chapter, the Secretary of
    the Interior shall collect, evaluate, and analyze information
    concerning mineral occurrence, production, and use from industry,
    academia, and Federal and State agencies. Notwithstanding the
    provisions of section 552 of title 5, data and information provided
    to the Department by persons or firms engaged in any phase of
    mineral or mineral-material production or large-scale consumption
    shall not be disclosed outside of the Department of the Interior in
    a nonaggregated form so as to disclose data and information
    supplied by a single person or firm, unless there is no objection
    to the disclosure of such data and information by the donor:
    Provided, however, That the Secretary may disclose nonaggregated
    data and information to Federal defense agencies, or to the
    Congress upon official request for appropriate purposes.

-SOURCE-
    (Pub. L. 96-479, Sec. 5, Oct. 21, 1980, 94 Stat. 2307; Pub. L. 102-
    285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Science and Technology Policy, Organization, and
    Priorities Act of 1976, referred to in subsec. (b), is Pub. L. 94-
    282, May 11, 1976, 90 Stat. 459, as amended, which is classified
    principally to chapter 79 (Sec. 6601 et seq.) of Title 42, The
    Public Health and Welfare. For complete classification of this Act
    to the Code, see Short Title note set out under section 6601 of
    Title 42 and Tables.
      The Defense Production Act of 1950, referred to in subsec. (d),
    is act Sept. 8, 1950, ch. 932, 64 Stat. 798, as amended, which is
    classified to section 2061 et seq. of Title 50, Appendix, War and
    National Defense. For complete classification of this Act to the
    Code, see section 2061 of Title 50, Appendix, and Tables.
      The Strategic and Critical Materials Stock Piling Act, referred
    to in subsec. (d), is act June 7, 1939, ch. 190, as revised
    generally by Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319,
    which is classified generally to subchapter III (Sec. 98 et seq.)
    of chapter 5 of Title 50. For complete classification of this Act
    to the Code, see section 98 of Title 50 and Tables.

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (e)(1), (2) pursuant to section 10(b) of Pub. L. 102-
    285, set out as a note under section 1 of this title. For
    provisions relating to closure and transfer of functions of the
    United States Bureau of Mines, see Transfer of Functions note set
    out under section 1 of this title.

-End-



-CITE-
    30 USC Sec. 1605                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND
                  DEVELOPMENT                     

-HEAD-
    Sec. 1605. Applicability to other statutory national mining and
      minerals policies

-STATUTE-
      Nothing in this chapter shall be interpreted as changing in any
    manner or degree the provisions of and requirements of section 21a
    of this title. For the purposes of achieving the objectives set
    forth in section 1602 of this title, the Congress declares that the
    President shall direct (1) the Secretary of the Interior to act
    immediately within the Department's statutory authority to attain
    the goals contained in section 21a of this title and (2) the
    Executive Office of the President to act immediately to promote the
    goals contained in section 21a of this title among the various
    departments and agencies.

-SOURCE-
    (Pub. L. 96-479, Sec. 6, Oct. 21, 1980, 94 Stat. 2309.)

-End-


-CITE-
    30 USC CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT          01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT

-HEAD-
                CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT            

-MISC1-
    Sec.                                                     
    1701.       Congressional statement of findings and purposes.     
    1702.       Definitions.                                          

         SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT     
    1711.       Duties of Secretary.                                  
    1712.       Duties of lessees, operators, and motor vehicle
                 transporters.                                        
    1713.       Required recordkeeping.                               
    1714.       Deposit of royalty funds to Indian accounts.          
    1715.       Explanation of payments.                              
    1716.       Liabilities and bonding.                              
    1717.       Hearings and investigations.                          
    1718.       Inspections.                                          
    1719.       Civil penalties.                                      
    1720.       Criminal penalties.                                   
    1721.       Royalty terms and conditions, interest, and penalties.
    1721a.      Adjustments and refunds.                              
    1722.       Injunction and specific enforcement authority.        
    1723.       Rewards.                                              
    1724.       Secretarial and delegated States' actions and
                 limitation periods.                                  
    1725.       Assessments.                                          
    1726.       Alternatives for marginal properties.                 

                 SUBCHAPTER II - STATES AND INDIAN TRIBES             
    1731.       Application of subchapter.                            
    1731a.      Application of subchapter to leases of lands within
                 three miles of seaward boundaries of coastal States. 
    1732.       Cooperative agreements.                               
    1733.       Information.                                          
    1734.       State suits under Federal law.                        
    1735.       Delegation of royalty collections and related
                 activities.                                          
    1736.       Shared civil penalties.                               

                    SUBCHAPTER III - GENERAL PROVISIONS                
    1751.       Secretarial authority.                                
    1752.       Reports.                                              
    1753.       Relation to other laws.                               
    1754.       Funding.                                              
    1755.       Statute of limitations.                               
    1756.       Expanded royalty obligations.                         
    1757.       Severability.                                         
    1758.       Use of royalty-in-kind revenue by Minerals Management
                 Service.                                             

-End-



-CITE-
    30 USC Sec. 1701                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT

-HEAD-
    Sec. 1701. Congressional statement of findings and purposes

-STATUTE-
      (a) Congress finds that - 
        (1) the Secretary of the Interior should enforce effectively
      and uniformly existing regulations under the mineral leasing laws
      providing for the inspection of production activities on lease
      sites on Federal and Indian lands;
        (2) the system of accounting with respect to royalties and
      other payments due and owing on oil and gas produced from such
      lease sites is archaic and inadequate;
        (3) it is essential that the Secretary initiate procedures to
      improve methods of accounting for such royalties and payments and
      to provide for routine inspection of activities related to the
      production of oil and gas on such lease sites; and
        (4) the Secretary should aggressively carry out his trust
      responsibility in the administration of Indian oil and gas.

      (b) It is the purpose of this chapter - 
        (1) to clarify, reaffirm, expand, and define the
      responsibilities and obligations of lessees, operators, and other
      persons involved in transportation or sale of oil and gas from
      the Federal and Indian lands and the Outer Continental Shelf;
        (2) to clarify, reaffirm, expand and define the authorities and
      responsibilities of the Secretary of the Interior to implement
      and maintain a royalty management system for oil and gas leases
      on Federal lands, Indian lands, and the Outer Continental Shelf;
        (3) to require the development of enforcement practices that
      ensure the prompt and proper collection and disbursement of oil
      and gas revenues owed to the United States and Indian lessors and
      those inuring to the benefit of States;
        (4) to fulfill the trust responsibility of the United States
      for the administration of Indian oil and gas resources; and
        (5) to effectively utilize the capabilities of the States and
      Indian tribes in developing and maintaining an efficient and
      effective Federal royalty management system.

-SOURCE-
    (Pub. L. 97-451, Sec. 2, Jan. 12, 1983, 96 Stat. 2448.)


-MISC1-
                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Pub. L. 104-185, Sec. 11, Aug. 13, 1996, 110 Stat. 1717, provided
    that: "Except as provided by section 115(h) [30 U.S.C. 1724(h)],
    section 111(h) [30 U.S.C. 1721(h)], section 111(k)(5) [30 U.S.C.
    1721(k)(5)], and section 117 [30 U.S.C. 1726] of the Federal Oil
    and Gas Royalty Management Act of 1982 (as added by this Act), this
    Act [see Short Title of 1996 Amendment note below], and the
    amendments made by this Act, shall apply with respect to the
    production of oil and gas after the first day of the month
    following the date of the enactment of this Act [Aug. 13, 1996]."

                              EFFECTIVE DATE                          
      Section 305 of Pub. L. 97-451 provided that: "The provisions of
    this Act [enacting this chapter, amending sections 188 and 191 of
    this title, and enacting provisions set out as notes under this
    section and sections 1714 and 1752 of this title] shall apply to
    oil and gas leases issued before, on, or after the date of the
    enactment of this Act [Jan. 12, 1983], except that in the case of a
    lease issued before such date, no provision of this Act or any rule
    or regulation prescribed under this Act shall alter the express and
    specific provisions of such a lease."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-185, Sec. 1, Aug. 13, 1996, 110 Stat. 1700, provided
    that: "This Act [enacting sections 1721a and 1724 to 1726 of this
    title, amending sections 1702, 1712, 1721, and 1735 of this title,
    repealing section 1339 of Title 43, Public Lands, and enacting
    provisions set out as notes under this section, section 1732 of
    this title, and section 1339 of Title 43] may be cited as the
    'Federal Oil and Gas Royalty Simplification and Fairness Act of
    1996'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 97-451 provided that: "This Act [enacting
    this chapter, amending sections 188 and 191 of this title, and
    enacting provisions set out as notes under this section and
    sections 1714 and 1752 of this title] may be cited as the 'Federal
    Oil and Gas Royalty Management Act of 1982'."

                      APPLICABILITY OF 1996 AMENDMENT                  
      Pub. L. 104-185, Sec. 9, Aug. 13, 1996, 110 Stat. 1717, provided
    that: "The amendments made by this Act [see Short Title of 1996
    Amendment note above] shall not apply with respect to Indian lands,
    and the provisions of the Federal Oil and Gas Royalty Management
    Act of 1982 [30 U.S.C. 1701 et seq.] as in effect on the day before
    the date of enactment of this Act [Aug. 13, 1996] shall continue to
    apply after such date with respect to Indian lands."
      Pub. L. 104-185, Sec. 10, Aug. 13, 1996, 110 Stat. 1717, provided
    that: "This Act [see Short Title of 1996 Amendment note above]
    shall not apply to any privately owned minerals."

                      CONSTRUCTION OF 1996 AMENDMENT                  
      Pub. L. 104-185, Sec. 12, Aug. 13, 1996, 110 Stat. 1717, provided
    that: "Nothing in this Act [see Short Title of 1996 Amendment note
    above] shall be construed to give a State a property right or
    interest in any Federal lease or land."

-End-



-CITE-
    30 USC Sec. 1702                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT

-HEAD-
    Sec. 1702. Definitions

-STATUTE-
      For the purposes of this chapter, the term - 
        (1) "Federal land" means all land and interests in land owned
      by the United States which are subject to the mineral leasing
      laws, including mineral resources or mineral estates reserved to
      the United States in the conveyance of a surface or nonmineral
      estate;
        (2) "Indian allottee" means any Indian for whom land or an
      interest in land is held in trust by the United States or who
      holds title subject to Federal restriction against alienation;
        (3) "Indian lands" means any lands or interest in lands of an
      Indian tribe or an Indian allottee held in trust by the United
      States or which is subject to Federal restriction against
      alienation or which is administered by the United States pursuant
      to section 1613(g) of title 43, including mineral resources and
      mineral estates reserved to an Indian tribe or an Indian allottee
      in the conveyance of a surface or nonmineral estate, except that
      such term does not include any lands subject to the provisions of
      section 3 of the Act of June 28, 1906 (34 Stat. 539);
        (4) "Indian tribe" means any Indian tribe, band, nation,
      pueblo, community, rancheria, colony, or other group of Indians,
      including the Metlakatla Indian Community of Annette Island
      Reserve, for which any land or interest in land is held by the
      United States in trust or which is subject to Federal restriction
      against alienation or which is administered by the United States
      pursuant to section 1613(g) of title 43;
        (5) "lease" means any contract, profit-share arrangement, joint
      venture, or other agreement issued or approved by the United
      States under a mineral leasing law that authorizes exploration
      for, extraction of, or removal of oil or gas;
        (6) "lease site" means any lands or submerged lands, including
      the surface of a severed mineral estate, on which exploration
      for, or extraction or removal of, oil or gas is authorized
      pursuant to a lease;
        (7) "lessee" means any person to whom the United States issues
      an oil and gas lease or any person to whom operating rights in a
      lease have been assigned;
        (8) "mineral leasing law" means any Federal law administered by
      the Secretary authorizing the disposition under lease of oil or
      gas;
        (9) "oil or gas" means any oil or gas originating from, or
      allocated to, the Outer Continental Shelf, Federal, or Indian
      lands;
        (10) "Outer Continental Shelf" has the same meaning as provided
      in the Outer Continental Shelf Lands Act (Public Law 95-372);
        (11) "operator" means any person, including a lessee, who has
      control of, or who manages operations on, an oil and gas lease
      site on Federal or Indian lands or on the Outer Continental
      Shelf;
        (12) "person" means any individual, firm, corporation,
      association, partnership, consortium, or joint venture;
        (13) "production" means those activities which take place for
      the removal of oil or gas, including such removal, field
      operations, transfer of oil or gas off the lease site, operation
      monitoring, maintenance, and workover drilling;
        (14) "royalty" means any payment based on the value or volume
      of production which is due to the United States or an Indian
      tribe or an Indian allottee on production of oil or gas from the
      Outer Continental Shelf, Federal, or Indian lands, or any minimum
      royalty owed to the United States or an Indian tribe or an Indian
      allottee under any provision of a lease;
        (15) "Secretary" means the Secretary of the Interior or his
      designee;
        (16) "State" means the several States of the Union, the
      District of Columbia, Puerto Rico, the territories and
      possessions of the United States, and the Trust Territory of the
      Pacific Islands;
        (17) "adjustment" means an amendment to a previously filed
      report on an obligation, and any additional payment or credit, if
      any, applicable thereto, to rectify an underpayment or
      overpayment on an obligation;
        (18) "administrative proceeding" means any Department of the
      Interior agency process in which a demand, decision or order
      issued by the Secretary or a delegated State is subject to appeal
      or has been appealed;
        (19) "assessment" means any fee or charge levied or imposed by
      the Secretary or a delegated State other than - 
          (A) the principal amount of any royalty, minimum royalty,
        rental bonus, net profit share or proceed of sale;
          (B) any interest; or
          (C) any civil or criminal penalty;

        (20) "commence" means - 
          (A) with respect to a judicial proceeding, the service of a
        complaint, petition, counterclaim, cross claim, or other
        pleading seeking affirmative relief or seeking credit or
        recoupment: Provided, That if the Secretary commences a
        judicial proceeding against a designee, the Secretary shall
        give notice of that commencement to the lessee who designated
        the designee, but the Secretary is not required to give notice
        to other lessees who may be liable pursuant to section 1712(a)
        of this title, for the obligation that is the subject of the
        judicial proceeding; or
          (B) with respect to a demand, the receipt by the Secretary or
        a delegated State or a lessee or its designee (with written
        notice to the lessee who designated the designee) of the
        demand;

        (21) "credit" means the application of an overpayment (in whole
      or in part) against an obligation which has become due to
      discharge, cancel or reduce the obligation;
        (22) "delegated State" means a State which, pursuant to an
      agreement or agreements under section 1735 of this title,
      performs authorities, duties, responsibilities, or activities of
      the Secretary;
        (23) "demand" means - 
          (A) an order to pay issued by the Secretary or the applicable
        delegated State to a lessee or its designee (with written
        notice to the lessee who designated the designee) that has a
        reasonable basis to conclude that the obligation in the amount
        of the demand is due and owing; or
          (B) a separate written request by a lessee or its designee
        which asserts an obligation due the lessee or its designee that
        provides a reasonable basis to conclude that the obligation in
        the amount of the demand is due and owing, but does not mean
        any royalty or production report, or any information contained
        therein, required by the Secretary or a delegated State;

        (24) "designee" means the person designated by a lessee
      pursuant to section 1712(a) of this title, with such written
      designation effective on the date such designation is received by
      the Secretary and remaining in effect until the Secretary
      receives notice in writing that the designation is modified or
      terminated;
        (25) "obligation" means - 
          (A) any duty of the Secretary or, if applicable, a delegated
        State - 
            (i) to take oil or gas royalty in kind; or
            (ii) to pay, refund, offset, or credit monies including
          (but not limited to) - 
              (I) the principal amount of any royalty, minimum royalty,
            rental, bonus, net profit share or proceed of sale; or
              (II) any interest; and

          (B) any duty of a lessee or its designee (subject to the
        provisions of section 1712(a) of this title) - 
            (i) to deliver oil or gas royalty in kind; or
            (ii) to pay, offset or credit monies including (but not
          limited to) - 
              (I) the principal amount of any royalty, minimum royalty,
            rental, bonus, net profit share or proceed of sale;
              (II) any interest;
              (III) any penalty; or
              (IV) any assessment,

          which arises from or relates to any lease administered by the
          Secretary for, or any mineral leasing law related to, the
          exploration, production and development of oil or gas on
          Federal lands or the Outer Continental Shelf;

        (26) "order to pay" means a written order issued by the
      Secretary or the applicable delegated State to a lessee or its
      designee (with notice to the lessee who designated the designee)
      which - 
          (A) asserts a specific, definite, and quantified obligation
        claimed to be due, and
          (B) specifically identifies the obligation by lease,
        production month and monetary amount of such obligation claimed
        to be due and ordered to be paid, as well as the reason or
        reasons such obligation is claimed to be due, but such term
        does not include any other communication or action by or on
        behalf of the Secretary or a delegated State;

        (27) "overpayment" means any payment by a lessee or its
      designee in excess of an amount legally required to be paid on an
      obligation and includes the portion of any estimated payment for
      a production month that is in excess of the royalties due for
      that month;
        (28) "payment" means satisfaction, in whole or in part, of an
      obligation;
        (29) "penalty" means a statutorily authorized civil fine levied
      or imposed for a violation of this chapter, any mineral leasing
      law, or a term or provision of a lease administered by the
      Secretary;
        (30) "refund" means the return of an overpayment;
        (31) "State concerned" means, with respect to a lease, a State
      which receives a portion of royalties or other payments under the
      mineral leasing laws from such lease;
        (32) "underpayment" means any payment or nonpayment by a lessee
      or its designee that is less than the amount legally required to
      be paid on an obligation; and
        (33) "United States" means the United States Government and any
      department, agency, or instrumentality thereof, the several
      States, the District of Columbia, and the territories of the
      United States.

-SOURCE-
    (Pub. L. 97-451, Sec. 3, Jan. 12, 1983, 96 Stat. 2448; Pub. L. 92-
    203, Sec. 29(f)(1), as added Pub. L. 100-241, Sec. 15, Feb. 3,
    1988, 101 Stat. 1813; Pub. L. 104-185, Sec. 2, Aug. 13, 1996, 110
    Stat. 1700; Pub. L. 104-200, Sec. 1(1), Sept. 22, 1996, 110 Stat.
    2421.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3 of the Act of June 28, 1906 (34 Stat. 539), referred to
    in par. (3), is not classified to the Code.
      "Outer Continental Shelf" as provided in the Outer Continental
    Shelf Lands Act (Public Law 95-372), referred to in par. (10), is
    defined in section 1331(a) of Title 43, Public Lands.


-MISC1-
                                AMENDMENTS                            
      1996 - Par. (7). Pub. L. 104-185, Sec. 2(1), amended par. (7)
    generally. Prior to amendment, par. (7) read as follows: " 'lessee'
    means any person to whom the United States, an Indian tribe, or an
    Indian allottee, issues a lease, or any person who has been
    assigned an obligation to make royalty or other payments required
    by the lease;".
      Pars. (17) to (25). Pub. L. 104-185, Sec. 2(2), added pars. (17)
    to (25).
      Par. (25)(B). Pub. L. 104-200, substituted "provisions of section
    1712(a)" for "provision of section 1712(a)" in introductory
    provisions.
      Pars. (26) to (33). Pub. L. 104-185, Sec. 2(2), added pars. (26)
    to (33).
      1988 - Pars. (3), (4). Pub. L. 92-203 inserted "or which is
    administered by the United States pursuant to section 1613(g) of
    title 43" after "alienation".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-185 applicable with respect to
    production of oil and gas after the first day of the month
    following Aug. 13, 1996, see section 11 of Pub. L. 104-185, set out
    as a note under section 1701 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 29(f)(2) of Pub. L. 92-203, as added by Pub. L. 100-241,
    Sec. 15, Feb. 3, 1988, 101 Stat. 1813, provided that: "The
    amendment made by paragraph (1) [amending this section] shall be
    effective as if originally included in section 3 of Public Law 97-
    451 [this section]."

                      APPLICABILITY OF 1996 AMENDMENT                  
      Amendment by Pub. L. 104-185 not applicable to any privately
    owned minerals or with respect to Indian lands, see sections 9 and
    10 of Pub. L. 104-185, set out as a note under section 1701 of this
    title.


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-


-CITE-
    30 USC SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND
           ENFORCEMENT                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
         SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT     

-End-



-CITE-
    30 USC Sec. 1711                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1711. Duties of Secretary

-STATUTE-
    (a) Establishment of inspection, collection, and accounting and
      auditing system
      The Secretary shall establish a comprehensive inspection,
    collection and fiscal and production accounting and auditing system
    to provide the capability to accurately determine oil and gas
    royalties, interest, fines, penalties, fees, deposits, and other
    payments owed, and to collect and account for such amounts in a
    timely manner.
    (b) Annual inspection of lease sites; training
      The Secretary shall - 
        (1) establish procedures to ensure that authorized and properly
      identified representatives of the Secretary will inspect at least
      once annually each lease site producing or expected to produce
      significant quantities of oil or gas in any year or which has a
      history of noncompliance with applicable provisions of law or
      regulations; and
        (2) establish and maintain adequate programs providing for the
      training of all such authorized representatives in methods and
      techniques of inspection and accounting that will be used in the
      implementation of this chapter.
    (c) Audit and reconciliation of lease accounts; contracts with
      certified public accountants; availability of books, accounts,
      records, etc., necessary for audit
      (1) The Secretary shall audit and reconcile, to the extent
    practicable, all current and past lease accounts for leases of oil
    or gas and take appropriate actions to make additional collections
    or refunds as warranted. The Secretary shall conduct audits and
    reconciliations of lease accounts in conformity with the business
    practices and recordkeeping systems which were required of the
    lessee by the Secretary for the period covered by the audit. The
    Secretary shall give priority to auditing those lease accounts
    identified by a State or Indian tribe as having significant
    potential for underpayment. The Secretary may also audit accounts
    and records of selected lessees and operators.
      (2) The Secretary may enter into contracts or other appropriate
    arrangements with independent certified public accountants to
    undertake audits of accounts and records of any lessee or operator
    relating to the lease of oil or gas. Selection of such independent
    certified public accountants shall be by competitive bidding in
    accordance with the Federal Property and Administrative Services
    Act of 1949 (!1) (41 U.S.C. 252), except that the Secretary may not
    enter into a contract or other arrangement with any independent
    certified public accountant to audit any lessee or operator where
    such lessee or operator is a primary audit client of such certified
    public accountant.

      (3) All books, accounts, financial records, reports, files, and
    other papers of the Secretary, or used by the Secretary, which are
    reasonably necessary to facilitate the audits required under this
    section shall be made available to any person or governmental
    entity conducting audits under this chapter.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 101, Jan. 12, 1983, 96 Stat. 2449.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (c)(2), is act June 30, 1949, ch. 288, 63
    Stat. 377, as amended. Except for title III of the Act, which is
    classified generally to subchapter IV (Sec. 251 et seq.) of chapter
    4 of Title 41, Public Contracts, the Act was repealed and reenacted
    by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
    and Works.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    30 USC Sec. 1712                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1712. Duties of lessees, operators, and motor vehicle
      transporters

-STATUTE-
    (a) Liability for royalty payments
      In order to increase receipts and achieve effective collections
    of royalty and other payments, a lessee who is required to make any
    royalty or other payment under a lease or under the mineral leasing
    laws, shall make such payments in the time and manner as may be
    specified by the Secretary or the applicable delegated State. A
    lessee may designate a person to make all or part of the payments
    due under a lease on the lessee's behalf and shall notify the
    Secretary or the applicable delegated State in writing of such
    designation, in which event said designated person may, in its own
    name, pay, offset or credit monies, make adjustments, request and
    receive refunds and submit reports with respect to payments
    required by the lessee. Notwithstanding any other provision of this
    chapter to the contrary, a designee shall not be liable for any
    payment obligation under the lease. The person owning operating
    rights in a lease shall be primarily liable for its pro rata share
    of payment obligations under the lease. If the person owning the
    legal record title in a lease is other than the operating rights
    owner, the person owning the legal record title shall be
    secondarily liable for its pro rata share of such payment
    obligations under the lease.
    (b) Development of and compliance with site security plan and
      minimum site security measures by operators; notification to
      Secretary of well production
      An operator shall - 
        (1) develop and comply with a site security plan designed to
      protect the oil or gas produced or stored on an onshore lease
      site from theft, which plan shall conform with such minimum
      standards as the Secretary may prescribe by rule, taking into
      account the variety of circumstances at lease sites;
        (2) develop and comply with such minimum site security measures
      as the Secretary deems appropriate to protect oil or gas produced
      or stored on a lease site or on the Outer Continental Shelf from
      theft; and
        (3) not later than the 5th business day after any well begins
      production anywhere on a lease site or allocated to a lease site,
      or resumes production in the case of a well which has been off of
      production for more than 90 days, notify the Secretary, in the
      manner prescribed by the Secretary, of the date on which such
      production has begun or resumed.
    (c) Possession of documentation by transporters of oil or gas by
      motor vehicle or pipeline
      (1) Any person engaged in transporting by motor vehicle any oil
    from any lease site, or allocated to any such lease site, shall
    carry, on his person, in his vehicle, or in his immediate control,
    documentation showing, at a minimum, the amount, origin, and
    intended first destination of the oil.
      (2) Any person engaged in transporting any oil or gas by pipeline
    from any lease site, or allocated to any lease site, on Federal or
    Indian lands shall maintain documentation showing, at a minimum,
    amount, origin, and intended first destination of such oil or gas.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 102, Jan. 12, 1983, 96 Stat. 2450;
    Pub. L. 104-185, Sec. 6(g), Aug. 13, 1996, 110 Stat. 1715.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-185 inserted heading and amended
    text generally. Prior to amendment, text read as follows: "A lessee
    - 
        "(1) who is required to make any royalty or other payment under
      a lease or under the mineral leasing laws, shall make such
      payments in the time and manner as may be specified by the
      Secretary; and
        "(2) shall notify the Secretary, in the time and manner as may
      be specified by the Secretary, of any assignment the lessee may
      have made of the obligation to make any royalty or other payment
      under a lease or under the mineral leasing laws."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-185 applicable with respect to the
    production of oil and gas after the first day of the month
    following Aug. 13, 1996, see section 11 of Pub. L. 104-185, set out
    as a note under section 1701 of this title.

                      APPLICABILITY OF 1996 AMENDMENT                  
      Amendment by Pub. L. 104-185 not applicable to any privately
    owned minerals or with respect to Indian lands, see sections 9 and
    10 of Pub. L. 104-185, set out as a note under section 1701 of this
    title.

-End-



-CITE-
    30 USC Sec. 1713                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1713. Required recordkeeping

-STATUTE-
    (a) Maintenance and availability of records, reports, and
      information for inspection and duplication
      A lessee, operator, or other person directly involved in
    developing, producing, transporting, purchasing, or selling oil or
    gas subject to this chapter through the point of first sale or the
    point of royalty computation, whichever is later, shall establish
    and maintain any records, make any reports, and provide any
    information that the Secretary may, by rule, reasonably require for
    the purposes of implementing this chapter or determining compliance
    with rules or orders under this chapter. Upon the request of any
    officer or employee duly designated by the Secretary or any State
    or Indian tribe conducting an audit or investigation pursuant to
    this chapter, the appropriate records, reports, or information
    which may be required by this section shall be made available for
    inspection and duplication by such officer or employee, State, or
    Indian tribe.
    (b) Length of time maintenance required
      Records required by the Secretary with respect to oil and gas
    leases from Federal or Indian lands or the Outer Continental Shelf
    shall be maintained for 6 years after the records are generated
    unless the Secretary notifies the record holder that he has
    initiated an audit or investigation involving such records and that
    such records must be maintained for a longer period. In any case
    when an audit or investigation is underway, records shall be
    maintained until the Secretary releases the record holder of the
    obligation to maintain such records.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 103, Jan. 12, 1983, 96 Stat. 2451.)

-End-



-CITE-
    30 USC Sec. 1714                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1714. Deposit of royalty funds to Indian accounts

-STATUTE-
      Deposits of any royalty funds derived from the production of oil
    or gas from, or allocated to, Indian lands shall be made by the
    Secretary to the appropriate Indian account at the earliest
    practicable date after such funds are received by the Secretary but
    in no case later than the last business day of the month in which
    such funds are received.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 104(b), Jan. 12, 1983, 96 Stat.
    2452.)


-MISC1-
                              EFFECTIVE DATE                          
      Section 104(c) of Pub. L. 97-451 provided that: "The provisions
    of this section [enacting this section and amending section 191 of
    this title] shall apply with respect to payments received by the
    Secretary after October 1, 1983, unless the Secretary, by rule,
    prescribes an earlier effective date."

-End-



-CITE-
    30 USC Sec. 1715                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1715. Explanation of payments

-STATUTE-
    (a) Description, period, source, etc., of payments to States or
      Indians
      When any payment (including amounts due from receipt of any
    royalty, bonus, interest charge, fine, or rental) is made by the
    United States to a State with respect to any oil or gas lease on
    Federal lands or is deposited in the appropriate Indian account on
    behalf of an Indian tribe or Indian allottee with respect to any
    oil and gas lease on Indian lands, there shall be provided,
    together with such payment, a description of the type of payment
    being made, the period covered by such payment, the source of such
    payment, production amounts, the royalty rate, unit value and such
    other information as may be agreed upon by the Secretary and the
    recipient State, Indian tribe, or Indian allottee.
    (b) Effective date
      This section shall take effect with respect to payments made
    after October 1, 1983, unless the Secretary, by rule, prescribes an
    earlier effective date.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 105, Jan. 12, 1983, 96 Stat. 2452.)

-End-



-CITE-
    30 USC Sec. 1716                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1716. Liabilities and bonding

-STATUTE-
      A person (including any agent or employee of the United States
    and any independent contractor) authorized to collect, receive,
    account for, or otherwise handle any moneys payable to, or received
    by, the Department of the Interior which are derived from the sale,
    lease, or other disposal of any oil or gas shall be - 
        (1) liable to the United States for any losses caused by any
      intentional or reckless action or inaction of such individual
      with respect to such moneys; and
        (2) in the case of an independent contractor, required as the
      Secretary deems necessary to maintain a bond commensurate with
      the amount of money for which such individual could be liable to
      the United States.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 106, Jan. 12, 1983, 96 Stat. 2452.)

-End-



-CITE-
    30 USC Sec. 1717                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1717. Hearings and investigations

-STATUTE-
    (a) Authorization; affidavits, oaths, subpenas, testimony, and
      payment of witnesses
      In carrying out his duties under this chapter the Secretary may
    conduct any investigation or other inquiry necessary and
    appropriate and may conduct, after notice, any hearing or audit,
    necessary and appropriate to carrying out his duties under this
    chapter. In connection with any such hearings, inquiry,
    investigation, or audit, the Secretary is also authorized where
    reasonably necessary - 
        (1) to require by special or general order, any person to
      submit in writing such affidavits and answers to questions as the
      Secretary may reasonably prescribe, which submission shall be
      made within such reasonable period and under oath or otherwise,
      as may be necessary;
        (2) to administer oaths;
        (3) to require by subpena the attendance and testimony of
      witnesses and the production of all books, papers, production and
      financial records, documents, matter, and materials, as the
      Secretary may request;
        (4) to order testimony to be taken by deposition before any
      person who is designated by the Secretary and who has the power
      to administer oaths, and to compel testimony and the production
      of evidence in the same manner as authorized under paragraph (3)
      of this subsection; and
        (5) to pay witnesses the same fees and mileage as are paid in
      like circumstances in the courts of the United States.
    (b) Refusal to obey subpena
      In case of refusal to obey a subpena served upon any person under
    this section, the district court of the United States for any
    district in which such person is found, resides, or transacts
    business, upon application by the Attorney General at the request
    of the Secretary and after notice to such person, shall have
    jurisdiction to issue an order requiring such person to appear and
    give testimony before the Secretary or to appear and produce
    documents before the Secretary. Any failure to obey such order of
    the court may be punished by such court as contempt thereof and
    subject to a penalty of up to $10,000 a day.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 107, Jan. 12, 1983, 96 Stat. 2452.)

-End-



-CITE-
    30 USC Sec. 1718                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1718. Inspections

-STATUTE-
    (a) Motor vehicles on lease sites; vehicles not on lease site
      (1) On any lease site on Federal or Indian lands, any authorized
    and properly identified representative of the Secretary may stop
    and inspect any motor vehicle that he has probable cause to believe
    is carrying oil from a lease site on Federal or Indian lands or
    allocated to such a lease site, for the purpose of determining
    whether the driver of such vehicle has documentation related to
    such oil as required by law.
      (2) Any authorized and properly identified representative of the
    Secretary, accompanied by any appropriate law enforcement officer,
    or an appropriate law enforcement officer alone, may stop and
    inspect any motor vehicle which is not on a lease site if he has
    probable cause to believe the vehicle is carrying oil from a lease
    site on Federal or Indian lands or allocated to such a lease site.
    Such inspection shall be for the purpose of determining whether the
    driver of such vehicle has the documentation required by law.
    (b) Inspection of lease sites for compliance with mineral leasing
      laws and this chapter
      Authorized and properly identified representatives of the
    Secretary may without advance notice, enter upon, travel across and
    inspect lease sites on Federal or Indian lands and may obtain from
    the operator immediate access to secured facilities on such lease
    sites, for the purpose of making any inspection or investigation
    for determining whether there is compliance with the requirements
    of the mineral leasing laws and this chapter. The Secretary shall
    develop guidelines setting forth the coverage and the frequency of
    such inspections.
    (c) Right of Secretary to enter upon and travel across lease sites
      For the purpose of making any inspection or investigation under
    this chapter, the Secretary shall have the same right to enter upon
    or travel across any lease site as the lessee or operator has
    acquired by purchase, condemnation, or otherwise.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 108, Jan. 12, 1983, 96 Stat. 2453.)

-End-



-CITE-
    30 USC Sec. 1719                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1719. Civil penalties

-STATUTE-
    (a) Failure to comply with applicable law, to permit inspection, or
      to notify Secretary of assignment; exceptions to application of
      penalty
      Any person who - 
        (1) after due notice of violation or after such violation has
      been reported under subparagraph (A), fails or refuses to comply
      with any requirements of this chapter or any mineral leasing law,
      any rule or regulation thereunder, or the terms of any lease or
      permit issued thereunder; or
        (2) fails to permit inspection authorized in section 1718 of
      this title or fails to notify the Secretary of any assignment
      under section 1712(a)(2) (!1) of this title


    shall be liable for a penalty of up to $500 per violation for each
    day such violation continues, dating from the date of such notice
    or report. A penalty under this subsection may not be applied to
    any person who is otherwise liable for a violation of paragraph (1)
    if:
        (A) the violation was discovered and reported to the Secretary
      or his authorized representative by the liable person and
      corrected within 20 days after such report or such longer time as
      the Secretary may agree to; or
        (B) after the due notice of violation required in paragraph (1)
      has been given to such person by the Secretary or his authorized
      representative, such person has corrected the violation within 20
      days of such notification or such longer time as the Secretary
      may agree to.
    (b) Failure to take corrective action
      If corrective action in not taken within 40 days or a longer
    period as the Secretary may agree to, after due notice or the
    report referred to in subsection (a)(1) of this section, such
    person shall be liable for a civil penalty of not more than $5,000
    per violation for each day such violation continues, dating from
    the date of such notice or report.
    (c) Failure to make royalty payment; failure to permit lawful
      entry, inspection, or audit; failure to notify Secretary of well
      production
      Any person who - 
        (1) knowingly or willfully fails to make any royalty payment by
      the date as specified by statute, regulation, order or terms of
      the lease;
        (2) fails or refuses to permit lawful entry, inspection, or
      audit; or
        (3) knowingly or willfully fails or refuses to comply with
      section 1712(b)(3) of this title,

    shall be liable for a penalty of up to $10,000 per violation for
    each day such violation continues.
    (d) False information; unauthorized removal, etc., of oil or gas;
      purchase, sale, etc., of stolen oil or gas
      Any person who - 
        (1) knowingly or willfully prepares, maintains, or submits
      false, inaccurate, or misleading reports, notices, affidavits,
      records, data, or other written information;
        (2) knowingly or willfully takes or removes, transports, uses
      or diverts any oil or gas from any lease site without having
      valid legal authority to do so; or
        (3) purchases, accepts, sells, transports, or conveys to
      another, any oil or gas knowing or having reason to know that
      such oil or gas was stolen or unlawfully removed or diverted,

    shall be liable for a penalty of up to $25,000 per violation for
    each day such violation continues.
    (e) Hearing
      No penalty under this section shall be assessed until the person
    charged with a violation has been given the opportunity for a
    hearing on the record.
    (f) Deduction of penalty from sums owed by United States
      The amount of any penalty under this section, as finally
    determined (!2) may be deducted from any sums owing by the United
    States to the person charged.

    (g) Compromise or reduction of penalties
      On a case-by-case basis the Secretary may compromise or reduce
    civil penalties under this section.
    (h) Notice
      Notice under subsection (a) of this section shall be by personal
    service by an authorized representative of the Secretary or by
    registered mail. Any person may, in the manner prescribed by the
    Secretary, designate a representative to receive any notice under
    this subsection.
    (i) Reasons on record for amount of penalty
      In determining the amount of such penalty, or whether it should
    be remitted or reduced, and in what amount, the Secretary shall
    state on the record the reasons for his determinations.
    (j) Review
      Any person who has requested a hearing in accordance with
    subsection (e) of this section within the time the Secretary has
    prescribed for such a hearing and who is aggrieved by a final order
    of the Secretary under this section may seek review of such order
    in the United States district court for the judicial district in
    which the violation allegedly took place. Review by the district
    court shall be only on the administrative record and not de novo.
    Such an action shall be barred unless filed within 90 days after
    the Secretary's final order.
    (k) Failure to pay penalty
      If any person fails to pay an assessment of a civil penalty under
    this chapter - 
        (1) after the order making the assessment has become a final
      order and if such person does not file a petition for judicial
      review of the order in accordance with subsection (j) of this
      section, or
        (2) after a court in an action brought under subsection (j) of
      this section has entered a final judgment in favor of the
      Secretary,

    the court shall have jurisdiction to award the amount assessed plus
    interest from the date of the expiration of the 90-day period
    referred to in subsection (j) of this section. Judgment by the
    court shall include an order to pay.
    (l) Nonliability for leases automatically terminated
      No person shall be liable for a civil penalty under subsection
    (a) or (b) of this section for failure to pay any rental for any
    lease automatically terminated pursuant to section 188 of this
    title.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 109, Jan. 12, 1983, 96 Stat. 2454.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1712(a) of this title, referred to in subsec. (a)(2), was
    amended generally by Pub. L. 104-185, Sec. 6(g), Aug. 13, 1996, 110
    Stat. 1715, and, as so amended, no longer contains a par. (2). See
    section 1712(a) of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be followed by a comma.


-End-



-CITE-
    30 USC Sec. 1720                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1720. Criminal penalties

-STATUTE-
      Any person who commits an act for which a civil penalty is
    provided in section 1719(d) of this title shall, upon conviction,
    be punished by a fine of not more than $50,000, or by imprisonment
    for not more than 2 years, or both.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 110, Jan. 12, 1983, 96 Stat. 2455.)

-End-



-CITE-
    30 USC Sec. 1721                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1721. Royalty terms and conditions, interest, and penalties

-STATUTE-
    (a) Charge on late royalty payment or royalty payment deficiency
      In the case of oil and gas leases where royalty payments are not
    received by the Secretary on the date that such payments are due,
    or are less than the amount due, the Secretary shall charge
    interest on such late payments or underpayments at the rate
    applicable under section 6621 of title 26. In the case of an
    underpayment or partial payment, interest shall be computed and
    charged only on the amount of the deficiency and not on the total
    amount due.
    (b) Charge on late payment made by Secretary to States
      Any payment made by the Secretary to a State under section 191 of
    this title and any other payment made by the Secretary to a State
    from any oil or gas royalty received by the Secretary which is not
    paid on the date required under section 191 of this title shall
    include an interest charge computed at the rate applicable under
    section 6621 of title 26.
    (c) Deposit in royalty accounts of charges on royalties due and
      owing Indians
      All interest charges collected under this chapter or under other
    applicable laws because of nonpayment, late payment or underpayment
    of royalties due and owing an Indian tribe or an Indian allottee
    shall be deposited to the same account as the royalty with respect
    to which such interest is paid.
    (d) Charge on late deposit of royalty fund to an Indian account
      Any deposit of royalty funds made by the Secretary to an Indian
    account which is not made by the date required under section 1714
    of this title shall include an interest charge computed at the rate
    applicable under section 6621 of title 26.
    (e) Nonliability of States for Secretary's failure to comply with
      the Emergency Petroleum Allocation Act of 1973 or regulations
      thereunder
      Notwithstanding any other provision of law, no State will be
    assessed for any interest or penalties found to be due against the
    Secretary for failure to comply with the Emergency Petroleum
    Allocation Act of 1973 [15 U.S.C. 751 et seq.] or regulation of the
    Secretary of Energy thereunder concerning crude oil certification
    or pricing with respect to crude oil taken by the Secretary in kind
    as royalty. Any State share of an overcharge, resulting from such
    failure to comply, shall be assessed against moneys found to be due
    and owing to such State as a result of audits of royalty accounts
    for transactions which took place prior to January 12, 1983, except
    that if after the completion of such audits, sufficient moneys have
    not been found due and owing to any State, the State shall be
    assessed the balance of that State's share of the overcharge.
    (f) Limitation on interest charged
      Interest shall be charged under this section only for the number
    of days a payment is late.
    (g) Omitted
    (h) Lessee or designee interest
      Interest shall be allowed and paid or credited on any
    overpayment, with such interest to accrue from the date such
    overpayment was made, at the rate obtained by applying the
    provisions of subparagraphs (A) and (B) of section 6621(a)(1) of
    title 26, but determined without regard to the sentence following
    subparagraph (B) of section 6621(a)(1). Interest which has accrued
    on any overpayment may be applied to reduce an underpayment. This
    subsection applies to overpayments made later than six months after
    August 13, 1996, or September 1, 1996, whichever is later. Such
    interest shall be paid from amounts received as current receipts
    from sales, bonuses, royalties (including interest charges
    collected under this section) and rentals of the public lands and
    the Outer Continental Shelf under the provisions of the Mineral
    Leasing Act [30 U.S.C. 181 et seq.], and the Outer Continental
    Shelf Lands Act [43 U.S.C. 1331 et seq.], which are not payable to
    a State or the Reclamation Fund. The portion of any such interest
    payment attributable to any amounts previously disbursed to a
    State, the Reclamation Fund, or any other recipient designated by
    law shall be deducted from the next disbursements to that recipient
    made under the applicable law. Such amounts deducted from
    subsequent disbursements shall be credited to miscellaneous
    receipts in the Treasury.
    (i) Limitation on interest
      Upon a determination by the Secretary that an excessive
    overpayment (based upon all obligations of a lessee or its designee
    for a given reporting month) was made for the sole purpose of
    receiving interest, interest shall not be paid on the excessive
    amount of such overpayment. For purposes of this chapter, an
    "excessive overpayment" shall be the amount that any overpayment a
    lessee or its designee pays for a given reporting month (excluding
    payments for demands for obligations determined to be due as a
    result of judicial or administrative proceedings or agreed to be
    paid pursuant to settlement agreements) for the aggregate of all of
    its Federal leases exceeds 10 percent of the total royalties paid
    that month for those leases.
    (j) Estimated payment
      A lessee or its designee may make a payment for the approximate
    amount of royalties (hereinafter in this subsection "estimated
    payment") that would otherwise be due for such lease by the date
    royalties are due for that lease. When an estimated payment is
    made, actual royalties are payable at the end of the month
    following the month in which the estimated payment is made. If the
    estimated payment was less than the amount of actual royalties due,
    interest is owed on the underpaid amount. If the estimated payment
    exceeds the actual royalties due, interest is owed on the
    overpayment. If the lessee or its designee makes a payment for such
    actual royalties, the lessee or its designee may apply the
    estimated payment to future royalties. Any estimated payment may be
    adjusted, recouped, or reinstated at any time by the lessee or its
    designee.
    (k) Volume allocation of oil and gas production
      (1) Except as otherwise provided by this subsection - 
        (A) a lessee or its designee of a lease in a unit or
      communitization agreement which contains only Federal leases with
      the same royalty rate and funds distribution shall report and pay
      royalties on oil and gas production for each production month
      based on the actual volume of production sold by or on behalf of
      that lessee;
        (B) a lessee or its designee of a lease in any other unit or
      communitization agreement shall report and pay royalties on oil
      and gas production for each production month based on the volume
      of oil and gas produced from such agreement and allocated to the
      lease in accordance with the terms of the agreement; and
        (C) a lessee or its designee of a lease that is not contained
      in a unit or communitization agreement shall report and pay
      royalties on oil and gas production for each production month
      based on the actual volume of production sold by or on behalf of
      that lessee.

      (2) This subsection applies only to requirements for reporting
    and paying royalties. Nothing in this subsection is intended to
    alter a lessee's liability for royalties on oil or gas production
    based on the share of production allocated to the lease in
    accordance with the terms of the lease, a unit or communitization
    agreement, or any other agreement.
      (3) For any unit or communitization agreement if all lessees
    contractually agree to an alternative method of royalty reporting
    and payment, the lessees may submit such alternative method to the
    Secretary or the delegated State for approval and make payments in
    accordance with such approved alternative method so long as such
    alternative method does not reduce the amount of the royalty
    obligation.
      (4) The Secretary or the delegated State shall grant an exception
    from the reporting and payment requirements for marginal properties
    by allowing for any calendar year or portion thereof royalties to
    be paid each month based on the volume of production sold. Interest
    shall not accrue on the difference for the entire calendar year or
    portion thereof between the amount of oil and gas actually sold and
    the share of production allocated to the lease until the beginning
    of the month following such calendar year or portion thereof. Any
    additional royalties due or overpaid royalties and associated
    interest shall be paid, refunded, or credited within six months
    after the end of each calendar year in which royalties are paid
    based on volumes of production sold. For the purpose of this
    subsection, the term "marginal property" means a lease that
    produces on average the combined equivalent of less than 15 barrels
    of oil per well per day or 90 thousand cubic feet of gas per well
    per day, or a combination thereof, determined by dividing the
    average daily production of crude oil and natural gas from
    producing wells on such lease by the number of such wells, unless
    the Secretary, together with the State concerned, determines that a
    different production is more appropriate.
      (5) Not later than two years after August 13, 1996, the Secretary
    shall issue any appropriate demand for all outstanding royalty
    payment disputes regarding who is required to report and pay
    royalties on production from units and communitization agreements
    outstanding on August 13, 1996, and collect royalty amounts owed on
    such production.
    (l) Production allocation
      The Secretary shall issue all determinations of allocations of
    production for units and communitization agreements within 120 days
    of a request for determination. If the Secretary fails to issue a
    determination within such 120-day period, the Secretary shall waive
    interest due on obligations subject to the determination until the
    end of the month following the month in which the determination is
    made.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 111, Jan. 12, 1983, 96 Stat. 2455;
    Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 104-
    185, Sec. 6(a)-(e), (h)(1), Aug. 13, 1996, 110 Stat. 1712-1715;
    Pub. L. 104-200, Sec. 1(3)-(6), Sept. 22, 1996, 110 Stat. 2421.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Emergency Petroleum Allocation Act of 1973, referred to in
    subsec. (e), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as
    amended, which was classified generally to chapter 16A (Sec. 751 et
    seq.) of Title 15, Commerce and Trade, and was omitted from the
    Code pursuant to section 760g of Title 15, which provided for the
    expiration of the President's authority under that chapter on Sept.
    30, 1981.
      The Mineral Leasing Act, referred to in subsec. (h), is act Feb.
    25, 1920, ch. 85, 41 Stat. 437, as amended, which is classified
    generally to chapter 3A (Sec. 181 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 181 of this title and Tables.
      The Outer Continental Shelf Lands Act, referred to in subsec.
    (h), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which
    is classified generally to subchapter III (Sec. 1331 et seq.) of
    chapter 29 of Title 43, Public Lands. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1301 of Title 43 and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of section 111 of Pub. L. 97-451. Subsec.
    (g) of section 111 of Pub. L. 97-451 amended section 191(a) of this
    title.


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-185, Sec. 6(h)(1), substituted "Royalty terms
    and conditions, interest, and penalties" for "Royalty interest,
    penalties and payments" in section catchline.
      Subsec. (h). Pub. L. 104-185, Sec. 6(a), added subsec. (h).
      Subsec. (i). Pub. L. 104-200, Sec. 1(3), inserted "not" after
    "receiving interest, interest shall".
      Pub. L. 104-185, Sec. 6(b), added subsec. (i).
      Subsec. (j). Pub. L. 104-200, Sec. 1(4), (5), substituted "date
    royalties are due" for "rate royalties are due", "interest is owed
    on the underpaid amount" for "interest is owned on the underpaid
    amount", and "interest is owed on the overpayment" for "interest is
    owned on the overpayment".
      Pub. L. 104-185, Sec. 6(c), added subsec. (j).
      Subsec. (k). Pub. L. 104-185, Sec. 6(d), added subsec. (k).
      Subsec. (k)(4). Pub. L. 104-200, Sec. 1(6), substituted
    "additional royalties due" for "additional royalties dues".
      Subsec. (l). Pub. L. 104-185, Sec. 6(e), added subsec. (l).
      1986 - Subsecs. (a), (b), (d). 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.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-185 applicable with respect to
    production of oil and gas after the first day of the month
    following Aug. 13, 1996, except as provided by subsecs. (h) and
    (k)(5) of this section, see section 11 of Pub. L. 104-185, set out
    as a note under section 1701 of this title.

                      APPLICABILITY OF 1996 AMENDMENT                  
      Amendment by Pub. L. 104-185 not applicable to any privately
    owned minerals or with respect to Indian lands, see sections 9 and
    10 of Pub. L. 104-185, set out as a note under section 1701 of this
    title.

             PAYMENT OF INTEREST CHARGES FROM CURRENT RECEIPTS         
      Pub. L. 108-447, div. E, title I, Dec. 8, 2004, 118 Stat. 3053,
    provided in part: "That in fiscal year 2005 and thereafter,
    notwithstanding 30 U.S.C. 191(a) and 43 U.S.C. 1338, the Secretary
    shall pay amounts owed to States under the provision of 30 U.S.C.
    1721(b) from amounts received as current receipts from bonuses,
    royalties, interest collected from lessees and designees, and
    rentals of the public lands and the outer continental shelf under
    provisions of the Mineral Leasing Act (30 U.S.C. 181 et seq.), and
    the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
    which are not payable to a State or the Reclamation Fund."

-End-



-CITE-
    30 USC Sec. 1721a                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1721a. Adjustments and refunds

-STATUTE-
    (a) Adjustments to royalties paid to Secretary or a delegated State
      (1) If, during the adjustment period, a lessee or its designee
    determines that an adjustment or refund request is necessary to
    correct an underpayment or overpayment of an obligation, the lessee
    or its designee shall make such adjustment or request a refund
    within a reasonable period of time and only during the adjustment
    period. The filing of a royalty report which reflects the
    underpayment or overpayment of an obligation shall constitute prior
    written notice to the Secretary or the applicable delegated State
    of an adjustment.
      (2)(A) For any adjustment, the lessee or its designee shall
    calculate and report the interest due attributable to such
    adjustment at the same time the lessee or its designee adjusts the
    principle (!1) amount of the subject obligation, except as provided
    by subparagraph (B).

      (B) In the case of a lessee or its designee who determines that
    subparagraph (A) would impose a hardship, the Secretary or such
    delegated State shall calculate the interest due and notify the
    lessee or its designee within a reasonable time of the amount of
    interest due, unless such lessee or its designee elects to
    calculate and report interest in accordance with subparagraph (A).
      (3) An adjustment or a request for a refund for an obligation may
    be made after the adjustment period only upon written notice to and
    approval by the Secretary or the applicable delegated State, as
    appropriate, during an audit of the period which includes the
    production month for which the adjustment is being made. If an
    overpayment is identified during an audit, then the Secretary or
    the applicable delegated State, as appropriate, shall allow a
    credit or refund in the amount of the overpayment.
      (4) For purposes of this section, the adjustment period for any
    obligation shall be the six-year period following the date on which
    an obligation became due. The adjustment period shall be suspended,
    tolled, extended, enlarged, or terminated by the same actions as
    the limitation period in section 1724 of this title.
    (b) Refunds
      (1) In general
        A request for refund is sufficient if it - 
          (A) is made in writing to the Secretary and, for purposes of
        section 1724 of this title, is specifically identified as a
        demand;
          (B) identifies the person entitled to such refund;
          (C) provides the Secretary information that reasonably
        enables the Secretary to identify the overpayment for which
        such refund is sought; and
          (D) provides the reasons why the payment was an overpayment.
      (2) Payment by Secretary of the Treasury
        The Secretary shall certify the amount of the refund to be paid
      under paragraph (1) to the Secretary of the Treasury who shall
      make such refund. Such refund shall be paid from amounts received
      as current receipts from sales, bonuses, royalties (including
      interest charges collected under this section) and rentals of the
      public lands and the Outer Continental Shelf under the provisions
      of the Mineral Leasing Act [30 U.S.C. 181 et seq.] and the Outer
      Continental Shelf Lands Act [43 U.S.C. 1331 et seq.], which are
      not payable to a State or the Reclamation Fund. The portion of
      any such refund attributable to any amounts previously disbursed
      to a State, the Reclamation Fund, or any recipient prescribed by
      law shall be deducted from the next disbursements to that
      recipient made under the applicable law. Such amounts deducted
      from subsequent disbursements shall be credited to miscellaneous
      receipts in the Treasury.
      (3) Payment period
        A refund under this subsection shall be paid or denied (with an
      explanation of the reasons for the denial) within 120 days of the
      date on which the request for refund is received by the
      Secretary. Such refund shall be subject to later audit by the
      Secretary or the applicable delegated State and subject to the
      provisions of this chapter.
      (4) Prohibition against reduction of refunds or credits
        In no event shall the Secretary or any delegated State directly
      or indirectly claim or offset any amount or amounts against, or
      reduce any refund or credit (or interest accrued thereon) by the
      amount of any obligation the enforcement of which is barred by
      section 1724 of this title.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 111A, as added Pub. L. 104-185, Sec.
    5(a), Aug. 13, 1996, 110 Stat. 1710.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mineral Leasing Act, referred to in subsec. (b)(2), is act
    Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which is
    classified generally to chapter 3A (Sec. 181 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 181 of this title and
    Tables.
      The Outer Continental Shelf Lands Act, referred to in subsec.
    (b)(2), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended,
    which is classified generally to subchapter III (Sec. 1331 et seq.)
    of chapter 29 of Title 43, Public Lands. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1301 of Title 43 and Tables.


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable with respect to production of oil and gas
    after the first day of the month following Aug. 13, 1996, see
    section 11 of Pub. L. 104-185, set out as an Effective Date of 1996
    Amendment note under section 1701 of this title.

                               APPLICABILITY                           
      Section not applicable to any privately owned minerals or with
    respect to Indian lands, see sections 9 and 10 of Pub. L. 104-185,
    set out as an Applicability of 1996 Amendment note under section
    1701 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "principal".


-End-



-CITE-
    30 USC Sec. 1722                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1722. Injunction and specific enforcement authority

-STATUTE-
    (a) Civil action by Attorney General
      In addition to any other remedy under this chapter or any mineral
    leasing law, the Attorney General of the United States or his
    designee may bring a civil action in a district court of the United
    States, which shall have jurisdiction over such actions - 
        (1) to restrain any violation of this chapter; or
        (2) to compel the taking of any action required by or under
      this chapter or any mineral leasing law of the United States.
    (b) Venue
      A civil action described in subsection (a) of this section may be
    brought only in the United States district court for the judicial
    district wherein the act, omission, or transaction constituting a
    violation under this chapter or any other mineral leasing law
    occurred, or wherein the defendant is found or transacts business.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 112, Jan. 12, 1983, 96 Stat. 2456.)

-End-



-CITE-
    30 USC Sec. 1723                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1723. Rewards

-STATUTE-
      Where amounts representing royalty or other payments owed to the
    United States with respect to any oil and gas lease on Federal
    lands or the Outer Continental Shelf are recovered pursuant to any
    action taken by the Secretary under this chapter as a result of
    information provided to the Secretary by any person, the Secretary
    is authorized to pay to such person an amount equal to not more
    than 10 percent of such recovered amounts. The preceding sentence
    shall not apply to information provided by an officer or employee
    of the United States, an officer or employee of a State or Indian
    tribe acting pursuant to a cooperative agreement or delegation
    under this chapter, or any person acting pursuant to a contract
    authorized by this chapter.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 113, Jan. 12, 1983, 96 Stat. 2456.)

-End-



-CITE-
    30 USC Sec. 1724                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1724. Secretarial and delegated States' actions and limitation
      periods

-STATUTE-
    (a) In general
      The respective duties, responsibilities, and activities with
    respect to a lease shall be performed by the Secretary, delegated
    States, and lessees or their designees in a timely manner.
    (b) Limitation period
      (1) In general
        A judicial proceeding or demand which arises from, or relates
      to an obligation, shall be commenced within seven years from the
      date on which the obligation becomes due and if not so commenced
      shall be barred. If commencement of a judicial proceeding or
      demand for an obligation is barred by this section, the
      Secretary, a delegated State, or a lessee or its designee (A)
      shall not take any other or further action regarding that
      obligation, including (but not limited to) the issuance of any
      order, request, demand or other communication seeking any
      document, accounting, determination, calculation, recalculation,
      payment, principal, interest, assessment, or penalty or the
      initiation, pursuit or completion of an audit with respect to
      that obligation; and (B) shall not pursue any other equitable or
      legal remedy, whether under statute or common law, with respect
      to an action on or an enforcement of said obligation.
      (2) Rule of construction
        A judicial proceeding or demand that is timely commenced under
      paragraph (1) against a designee shall be considered timely
      commenced as to any lessee who is liable pursuant to section
      1712(a) of this title for the obligation that is the subject of
      the judicial proceeding or demand.
      (3) Application of certain limitations
        The limitations set forth in sections 2401, 2415, 2416, and
      2462 of title 28 and section 226-2 of this title shall not apply
      to any obligation to which this chapter applies. Section 3716 of
      title 31 may be applied to an obligation the enforcement of which
      is not barred by this chapter, but may not be applied to any
      obligation the enforcement of which is barred by this chapter.
    (c) Obligation becomes due
      (1) In general
        For purposes of this chapter, an obligation becomes due when
      the right to enforce the obligation is fixed.
      (2) Royalty obligations
        The right to enforce any royalty obligation for any given
      production month for a lease is fixed for purposes of this
      chapter on the last day of the calendar month following the month
      in which oil or gas is produced.
    (d) Tolling of limitation period
      The running of the limitation period under subsection (b) of this
    section shall not be suspended, tolled, extended, or enlarged for
    any obligation for any reason by any action, including an action by
    the Secretary or a delegated State, other than the following:
      (1) Tolling agreement
        A written agreement executed during the limitation period
      between the Secretary or a delegated State and a lessee or its
      designee (with notice to the lessee who designated the designee)
      shall toll the limitation period for the amount of time during
      which the agreement is in effect.
      (2) Subpoena
        (A) The issuance of a subpoena to a lessee or its designee
      (with notice to the lessee who designated the designee, which
      notice shall not constitute a subpoena to the lessee) in
      accordance with the provisions of subparagraph (B)(i) shall toll
      the limitation period with respect to the obligation which is the
      subject of a subpoena only for the period beginning on the date
      the lessee or its designee receives the subpoena and ending on
      the date on which (i) the lessee or its designee has produced
      such subpoenaed records for the subject obligation, (ii) the
      Secretary or a delegated State receives written notice that the
      subpoenaed records for the subject obligation are not in
      existence or are not in the lessee's or its designee's possession
      or control, or (iii) a court has determined in a final decision
      that such records are not required to be produced, whichever
      occurs first.
        (B)(i) A subpoena for the purposes of this section which
      requires a lessee or its designee to produce records necessary to
      determine the proper reporting and payment of an obligation due
      the Secretary may be issued only by an Assistant Secretary of the
      Interior or an Acting Assistant Secretary of the Interior who is
      a schedule C employee (as defined by section 213.3301 of title 5,
      Code of Federal Regulations), or the Director or Acting Director
      of the respective bureau or agency, and may not be delegated to
      any other person. If a State has been delegated authority
      pursuant to section 1735 of this title, the State, acting through
      the highest State official having ultimate authority over the
      collection of royalties from leases on Federal lands within the
      State, may issue such subpoena, but may not delegate such
      authority to any other person.
        (ii) A subpoena described in clause (i) may only be issued
      against a lessee or its designee during the limitation period
      provided in this section and only after the Secretary or a
      delegated State has in writing requested the records from the
      lessee or its designee related to the obligation which is the
      subject of the subpoena and has determined that - 
          (I) the lessee or its designee has failed to respond within a
        reasonable period of time to the Secretary's or the applicable
        delegated State's written request for such records necessary
        for an audit, investigation or other inquiry made in accordance
        with the Secretary's or such delegated State's responsibilities
        under this chapter; or
          (II) the lessee or its designee has in writing denied the
        Secretary's or the applicable delegated State's written request
        to produce such records in the lessee's or its designee's
        possession or control necessary for an audit, investigation or
        other inquiry made in accordance with the Secretary's or such
        delegated State's responsibilities under this chapter; or
          (III) the lessee or its designee has unreasonably delayed in
        producing records necessary for an audit, investigation or
        other inquiry made in accordance with the Secretary's or the
        applicable delegated State's responsibilities under this
        chapter after the Secretary's or delegated State's written
        request.

        (C) In seeking records, the Secretary or the applicable
      delegated State shall afford the lessee or its designee a
      reasonable period of time after a written request by the
      Secretary or such delegated State in which to provide such
      records prior to the issuance of any subpoena.
      (3) Misrepresentation or concealment
        The intentional misrepresentation or concealment of a material
      fact for the purpose of evading the payment of an obligation in
      which case the limitation period shall be tolled for the period
      of such misrepresentation or such concealment.
      (4) Order to perform restructured accounting
        (A)(i) The issuance of a notice under subparagraph (D) that the
      lessee or its designee has not substantially complied with the
      requirement to perform a restructured accounting shall toll the
      limitation period with respect to the obligation which is the
      subject of the notice only for the period beginning on the date
      the lessee or its designee receives the notice and ending 120
      days after the date on which (I) the Secretary or the applicable
      delegated State receives written notice that the accounting or
      other requirement has been performed, or (II) a court has
      determined in a final decision that the lessee is not required to
      perform the accounting, whichever occurs first.
        (ii) If the lessee or its designee initiates an administrative
      appeal or judicial proceeding to contest an order to perform a
      restructured accounting issued under subparagraph (B)(i), the
      limitation period in subsection (b) of this section shall be
      tolled from the date the lessee or its designee received the
      order until a final, nonappealable decision is issued in any such
      proceeding.
        (B)(i) The Secretary or the applicable delegated State may
      issue an order to perform a restructured accounting to a lessee
      or its designee when the Secretary or such delegated State
      determines during an audit of a lessee or its designee that the
      lessee or its designee should recalculate royalty due on an
      obligation based upon the Secretary's or the delegated State's
      finding that the lessee or its designee has made identified
      underpayments or overpayments which are demonstrated by the
      Secretary or the delegated State to be based upon repeated,
      systemic reporting errors for a significant number of leases or a
      single lease for a significant number of reporting months with
      the same type of error which constitutes a pattern of violations
      and which are likely to result in either significant
      underpayments or overpayments.
        (ii) The power of the Secretary to issue an order to perform a
      restructured accounting may not be delegated below the most
      senior career professional position having responsibility for the
      royalty management program, which position is currently
      designated as the "Associate Director for Royalty Management",
      and may not be delegated to any other person. If a State has been
      delegated authority pursuant to section 1735 of this title, the
      State, acting through the highest ranking State official having
      ultimate authority over the collection of royalties from leases
      on Federal lands within the State, may issue such order to
      perform, which may not be delegated to any other person. An order
      to perform a restructured accounting shall - 
          (I) be issued within a reasonable period of time from when
        the audit identifies the systemic, reporting errors;
          (II) specify the reasons and factual bases for such order;
          (III) be specifically identified as an "order to perform a
        restructured accounting";
          (IV) provide the lessee or its designee a reasonable period
        of time (but not less than 60 days) within which to perform the
        restructured accounting; and
          (V) provide the lessee or its designee 60 days within which
        to file an administrative appeal of the order to perform a
        restructured accounting.

        (C) An order to perform a restructured accounting shall not
      mean or be construed to include any other action by or on behalf
      of the Secretary or a delegated State.
        (D) If a lessee or its designee fails to substantially comply
      with the requirement to perform a restructured accounting
      pursuant to this subsection, a notice shall be issued to the
      lessee or its designee that the lessee or its designee has not
      substantially complied with the requirements to perform a
      restructured accounting. A lessee or its designee shall be given
      a reasonable time within which to perform the restructured
      accounting. Such notice may be issued under this section only by
      an Assistant Secretary of the Interior or an acting Assistant
      Secretary of the Interior who is a schedule C employee (as
      defined by section 213.3301 of title 5, Code of Federal
      Regulations) and may not be delegated to any other person. If a
      State has been delegated authority pursuant to section 1735 of
      this title, the State, acting through the highest State official
      having ultimate authority over the collection of royalties from
      leases on Federal lands within the State, may issue such notice,
      which may not be delegated to any other person.
    (e) Termination of limitations period
      An action or an enforcement of an obligation by the Secretary or
    delegated State or a lessee or its designee shall be barred under
    this section prior to the running of the seven-year period provided
    in subsection (b) of this section in the event - 
        (1) the Secretary or a delegated State has notified the lessee
      or its designee in writing that a time period is closed to
      further audit; or
        (2) the Secretary or a delegated State and a lessee or its
      designee have so agreed in writing.

    For purposes of this subsection, notice to, or an agreement by, the
    designee shall be binding on any lessee who is liable pursuant to
    section 1712(a) of this title for obligations that are the subject
    of the notice or agreement.
    (f) Records required for determining collections
      Records required pursuant to section 1713 of this title by the
    Secretary or any delegated State for the purpose of determining
    obligations due and compliance with any applicable mineral leasing
    law, lease provision, regulation or order with respect to oil and
    gas leases from Federal lands or the Outer Continental Shelf shall
    be maintained for the same period of time during which a judicial
    proceeding or demand may be commenced under subsection (b) of this
    section. If a judicial proceeding or demand is timely commenced,
    the record holder shall maintain such records until the final
    nonappealable decision in such judicial proceeding is made, or with
    respect to that demand is rendered, unless the Secretary or the
    applicable delegated State authorizes in writing an earlier release
    of the requirement to maintain such records. Notwithstanding
    anything herein to the contrary, under no circumstance shall a
    record holder be required to maintain or produce any record
    relating to an obligation for any time period which is barred by
    the applicable limitation in this section. In connection with any
    hearing, administrative proceeding, inquiry, investigation, or
    audit by the Secretary or a delegated State under this chapter, the
    Secretary or the delegated State shall minimize the submission of
    multiple or redundant information and make a good faith effort to
    locate records previously submitted by a lessee or a designee to
    the Secretary or the delegated State, prior to requiring the lessee
    or the designee to provide such records.
    (g) Timely collections
      In order to most effectively utilize resources available to the
    Secretary to maximize the collection of oil and gas receipts from
    lease obligations to the Treasury within the seven-year period of
    limitations, and consequently to maximize the State share of such
    receipts, the Secretary should not perform or require accounting,
    reporting, or audit activities if the Secretary and the State
    concerned determine that the cost of conducting or requiring the
    activity exceeds the expected amount to be collected by the
    activity, based on the most current 12 months of activity. This
    subsection shall not provide a defense to a demand or an order to
    perform a restructured accounting. To the maximum extent possible,
    the Secretary and delegated States shall reduce costs to the United
    States Treasury and the States by discontinuing requirements for
    unnecessary or duplicative data and other information, such as
    separate allowances and payor information, relating to obligations
    due. If the Secretary and the State concerned determine that
    collection will result sooner, the Secretary or the applicable
    delegated State may waive or forego interest in whole or in part.
    (h) Appeals and final agency action
      (1) 33-month period
        Demands or orders issued by the Secretary or a delegated State
      are subject to administrative appeal in accordance with the
      regulations of the Secretary. No State shall impose any
      conditions which would hinder a lessee's or its designee's
      immediate appeal of an order to the Secretary or the Secretary's
      designee. The Secretary shall issue a final decision in any
      administrative proceeding, including any administrative
      proceedings pending on August 13, 1996, within 33 months from the
      date such proceeding was commenced or 33 months from August 13,
      1996, whichever is later. The 33-month period may be extended by
      any period of time agreed upon in writing by the Secretary and
      the appellant.
      (2) Effect of failure to issue decision
        If no such decision has been issued by the Secretary within the
      33-month period referred to in paragraph (1) - 
          (A) the Secretary shall be deemed to have issued and granted
        a decision in favor of the appellant as to any nonmonetary
        obligation and any monetary obligation the principal amount of
        which is less than $10,000; and
          (B) the Secretary shall be deemed to have issued a final
        decision in favor of the Secretary, which decision shall be
        deemed to affirm those issues for which the agency rendered a
        decision prior to the end of such period, as to any monetary
        obligation the principal amount of which is $10,000 or more,
        and the appellant shall have a right to judicial review of such
        deemed final decision in accordance with title 5.
    (i) Collections of disputed amounts due
      To expedite collections relating to disputed obligations due
    within the seven-year period beginning on the date the obligation
    became due, the parties shall hold not less than one settlement
    consultation and the Secretary and the State concerned may take
    such action as is appropriate to compromise and settle a disputed
    obligation, including waiving or reducing interest and allowing
    offsetting of obligations among leases.
    (j) Enforcement of claim for judicial review
      In the event a demand subject to this section is properly and
    timely commenced, the obligation which is the subject of the demand
    may be enforced beyond the seven-year limitations period without
    being barred by this statute of limitations. In the event a demand
    subject to this section is properly and timely commenced, a
    judicial proceeding challenging the final agency action with
    respect to such demand shall be deemed timely so long as such
    judicial proceeding is commenced within 180 days from receipt of
    notice by the lessee or its designee of the final agency action.
    (k) Implementation of final decision
      In the event a judicial proceeding or demand subject to this
    section is timely commenced and thereafter the limitation period in
    this section lapses during the pendency of such proceeding, any
    party to such proceeding shall not be barred from taking such
    action as is required or necessary to implement a final
    unappealable judicial or administrative decision, including any
    action required or necessary to implement such decision by the
    recovery or recoupment of an underpayment or overpayment by means
    of refund or credit.
    (l) Stay of payment obligation pending review
      Any person ordered by the Secretary or a delegated State to pay
    any obligation (other than an assessment) shall be entitled to a
    stay of such payment without bond or other surety instrument
    pending an administrative or judicial proceeding if the person
    periodically demonstrates to the satisfaction of the Secretary that
    such person is financially solvent or otherwise able to pay the
    obligation. In the event the person is not able to so demonstrate,
    the Secretary may require a bond or other surety instrument
    satisfactory to cover the obligation. Any person ordered by the
    Secretary or a delegated State to pay an assessment shall be
    entitled to a stay without bond or other surety instrument.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 115, as added Pub. L. 104-185, Sec.
    4(a), Aug. 13, 1996, 110 Stat. 1704; amended Pub. L. 104-200, Sec.
    1(2), Sept. 22, 1996, 110 Stat. 2421.)

-COD-
                               CODIFICATION                           
      Pub. L. 104-185, Sec. 4(a), which directed the addition of this
    section after section 114 of the Federal Oil and Gas Royalty
    Management Act of 1982, Pub. L. 97-451, was executed by adding this
    section after section 113 to reflect the probable intent of
    Congress because Pub. L. 97-451 did not contain a section 114.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (l). Pub. L. 104-200 inserted "so" after "the
    person is not able to".

                              EFFECTIVE DATE                          
      Section applicable with respect to production of oil and gas
    after the first day of the month following Aug. 13, 1996, except as
    provided by subsec. (h) of this section, see section 11 of Pub. L.
    104-185, set out as an Effective Date of 1996 Amendment note under
    section 1701 of this title.

                               APPLICABILITY                           
      Section not applicable to any privately owned minerals or with
    respect to Indian lands, see sections 9 and 10 of Pub. L. 104-185,
    set out as an Applicability of 1996 Amendment note under section
    1701 of this title.

-End-



-CITE-
    30 USC Sec. 1725                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1725. Assessments

-STATUTE-
      Beginning eighteen months after August 13, 1996, to encourage
    proper royalty payment the Secretary or the delegated State shall
    impose assessments on a person who chronically submits erroneous
    reports under this chapter. Assessments under this chapter may only
    be issued as provided for in this section.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 116, as added Pub. L. 104-185, Sec.
    6(f)(1), Aug. 13, 1996, 110 Stat. 1714.)

-COD-
                               CODIFICATION                           
      Pub. L. 104-185, Sec. 4(a), which directed the addition of this
    section at the end of the Federal Oil and Gas Royalty Management
    Act of 1982, was executed by adding this section at the end of
    title I of that Act to reflect the probable intent of Congress.


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable with respect to production of oil and gas
    after the first day of the month following Aug. 13, 1996, see
    section 11 of Pub. L. 104-185, set out as an Effective Date of 1996
    Amendment note under section 1701 of this title.

                               APPLICABILITY                           
      Section not applicable to any privately owned minerals or with
    respect to Indian lands, see sections 9 and 10 of Pub. L. 104-185,
    set out as an Applicability of 1996 Amendment note under section
    1701 of this title.

-End-



-CITE-
    30 USC Sec. 1726                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER I - FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

-HEAD-
    Sec. 1726. Alternatives for marginal properties

-STATUTE-
    (a) Determination of best interests of State concerned and United
      States
      The Secretary and the State concerned, acting in the best
    interests of the United States and the State concerned to promote
    production, reduce administrative costs, and increase net receipts
    to the United States and the States, shall jointly determine, on a
    case by case basis, the amount of what marginal production from a
    lease or leases or well or wells, or parts thereof, shall be
    subject to a prepayment under subsection (b) of this section or
    regulatory relief under subsection (c) of this section. If the
    State concerned does not consent, such prepayments or regulatory
    relief shall not be made available under this section for such
    marginal production: Provided, That if royalty payments from a
    lease or leases, or well or wells are not shared with any State,
    such determination shall be made solely by the Secretary.
    (b) Prepayment of royalty
      (1) In general
        Notwithstanding the provisions of any lease to the contrary,
      for any lease or leases or well or wells identified by the
      Secretary and the State concerned pursuant to subsection (a) of
      this section, the Secretary is authorized to accept a prepayment
      for royalties in lieu of monthly royalty payments under the lease
      for the remainder of the lease term if the affected lessee so
      agrees. Any prepayment agreed to by the Secretary, State
      concerned and lessee which is less than an average $500 per month
      in total royalties shall be effectuated under this section not
      earlier than two years after August 13, 1996, and, any prepayment
      which is greater than an average $500 per month in total
      royalties shall be effectuated under this section not earlier
      than three years after August 13, 1996. The Secretary and the
      State concerned may condition their acceptance of the prepayment
      authorized under this section on the lessee's agreeing to such
      terms and conditions as the Secretary and the State concerned
      deem appropriate and consistent with the purposes of this
      chapter. Such terms may - 
          (A) provide for prepayment that does not result in a loss of
        revenue to the United States in present value terms;
          (B) include provisions for receiving additional prepayments
        or royalties for developments in the lease or leases or well or
        wells that deviate significantly from the assumptions and facts
        on which the valuation is determined; and
          (C) require the lessee or its designee to provide such
        periodic production reports as may be necessary to allow the
        Secretary and the State concerned to monitor production for the
        purposes of subparagraph (B).
      (2) State share
        A prepayment under this section shall be shared by the
      Secretary with any State or other recipient to the same extent as
      any royalty payment for such lease.
      (3) Satisfaction of obligation
        Except as may be provided in the terms and conditions
      established by the Secretary under subsection (b) of this
      section, a lessee or its designee who makes a prepayment under
      this section shall have satisfied in full the lessee's obligation
      to pay royalty on the production stream sold from the lease or
      leases or well or wells.
    (c) Alternative accounting and auditing requirements
      Within one year after August 13, 1996, the Secretary or the
    delegated State shall provide accounting, reporting, and auditing
    relief that will encourage lessees to continue to produce and
    develop properties subject to subsection (a) of this section:
    Provided, That such relief will only be available to lessees in a
    State that concurs, which concurrence is not required if royalty
    payments from the lease or leases or well or wells are not shared
    with any State. Prior to granting such relief, the Secretary and,
    if appropriate, the State concerned shall agree that the type of
    marginal wells and relief provided under this paragraph is in the
    best interest of the United States and, if appropriate, the State
    concerned.

-SOURCE-
    (Pub. L. 97-451, title I, Sec. 117, as added Pub. L. 104-185, Sec.
    7(a), Aug. 13, 1996, 110 Stat. 1715; amended Pub. L. 104-200, Sec.
    1(7), Sept. 22, 1996, 110 Stat. 2421.)

-COD-
                               CODIFICATION                           
      Pub. L. 104-185, Sec. 4(a), which directed the addition of this
    section at the end of the Federal Oil and Gas Royalty Management
    Act of 1982, was executed by adding this section at the end of
    title I of that Act to reflect the probable intent of Congress.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(1)(C). Pub. L. 104-200, Sec. 1(7), substituted
    "its designee" for "it designee".

                              EFFECTIVE DATE                          
      Section applicable with respect to production of oil and gas
    after the first day of the month following Aug. 13, 1996, except as
    provided by this section, see section 11 of Pub. L. 104-185, set
    out as an Effective Date of 1996 Amendment note under section 1701
    of this title.

                               APPLICABILITY                           
      Section not applicable to any privately owned minerals or with
    respect to Indian lands, see sections 9 and 10 of Pub. L. 104-185,
    set out as an Applicability of 1996 Amendment note under section
    1701 of this title.

-End-


-CITE-
    30 USC SUBCHAPTER II - STATES AND INDIAN TRIBES             01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER II - STATES AND INDIAN TRIBES

-HEAD-
                 SUBCHAPTER II - STATES AND INDIAN TRIBES             

-End-



-CITE-
    30 USC Sec. 1731                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER II - STATES AND INDIAN TRIBES

-HEAD-
    Sec. 1731. Application of subchapter

-STATUTE-
      This subchapter shall apply only with respect to oil and gas
    leases on Federal lands or Indian lands. Nothing in this subchapter
    shall be construed to apply to any lease on the Outer Continental
    Shelf.

-SOURCE-
    (Pub. L. 97-451, title II, Sec. 201, Jan. 12, 1983, 96 Stat. 2457.)

-End-



-CITE-
    30 USC Sec. 1731a                                           01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER II - STATES AND INDIAN TRIBES

-HEAD-
    Sec. 1731a. Application of subchapter to leases of lands within
      three miles of seaward boundaries of coastal States

-STATUTE-
      For fiscal year 1990 and each fiscal year thereafter,
    notwithstanding the provisions of section 1731 of this title,
    sections 1732 through 1736 of this title shall apply to any lease
    or portion of a lease subject to section 1337(g) of title 43,
    which, for purposes of those provisions and for no other purposes,
    shall be regarded as within the coastal State or States entitled to
    receive revenues from it under section 1337(g) of title 43.

-SOURCE-
    (Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 711.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of the Interior and
    Related Agencies Appropriations Act, 1990, and not as part of the
    Federal Oil and Gas Royalty Management Act of 1982 which comprises
    this chapter.


-MISC1-
                            SIMILAR PROVISIONS                        
      Similar provisions were contained in Pub. L. 100-446, title I,
    Sept. 27, 1988, 102 Stat. 1791.

-End-



-CITE-
    30 USC Sec. 1732                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER II - STATES AND INDIAN TRIBES

-HEAD-
    Sec. 1732. Cooperative agreements

-STATUTE-
    (a) Authorization of Secretary; permission of Indian tribe required
      for activities on Indian lands
      The Secretary is authorized to enter into a cooperative agreement
    or agreements with any State or Indian tribe to share oil or gas
    royalty management information, to carry out inspection, auditing,
    investigation or enforcement (not including the collection of
    royalties, civil or criminal penalties or other payments)
    activities under this chapter in cooperation with the Secretary,
    and to carry out any other activity described in section 1718 of
    this title. The Secretary shall not enter into any such cooperative
    agreement with a State with respect to any such activities on
    Indian lands, except with the permission of the Indian tribe
    involved.
    (b) Access to royalty accounting information
      Except as provided in section 1733 of this title, and pursuant to
    a cooperative agreement - 
        (1) each State shall, upon request, have access to all royalty
      accounting information in the possession of the Secretary
      respecting the production, removal, or sale of oil or gas from
      leases on Federal lands within the State; and
        (2) each Indian tribe shall, upon request, have access to all
      royalty accounting information in the possession of the Secretary
      respecting the production, removal, or sale of oil or gas from
      leases on Indian lands under the jurisdiction of such tribe.

    Information shall be made available under paragraphs (1) and (2) as
    soon as practicable after it comes into the possession of the
    Secretary. Effective October 1, 1983, such information shall be
    made available under paragraphs (1) and (2) not later than 30 days
    after such information comes into the possession of the Secretary.
    (c) Agreements in accordance with chapter 63 of title 31; terms and
      conditions
      Any cooperative agreement entered into pursuant to this section
    shall be in accordance with the provisions of chapter 63 of title
    31, and shall contain such terms and conditions as the Secretary
    deems appropriate and consistent with the purposes of this chapter,
    including, but not limited to, a limitation on the use of Federal
    assistance to those costs which are directly required to carry out
    the agreed upon activities.

-SOURCE-
    (Pub. L. 97-451, title II, Sec. 202, Jan. 12, 1983, 96 Stat. 2457.)

-COD-
                               CODIFICATION                           
      In subsec. (c), "chapter 63 of title 31" substituted for "the
    Federal Grant and Cooperative Agreement Act of 1977 [41 U.S.C. 501
    et seq.]" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,
    1982, 96 Stat. 1067, the first section of which enacted Title 31,
    Money and Finance.


-MISC1-
                               APPLICABILITY                           
      Pub. L. 104-185, Sec. 8(a), Aug. 13, 1996, 110 Stat. 1717,
    provided that: "With respect to Federal lands, sections 202 and 307
    of the Federal Oil and Gas Royalty Management Act of 1982 (30
    U.S.C. 1732 and 1755), are no longer applicable. The applicability
    of those sections to Indian leases is not affected."

-End-



-CITE-
    30 USC Sec. 1733                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER II - STATES AND INDIAN TRIBES

-HEAD-
    Sec. 1733. Information

-STATUTE-
    (a) Availability of confidential information by Secretary pursuant
      to cooperative agreements; conditions
      Trade secrets, proprietary and other confidential information
    shall be made available by the Secretary, pursuant to a cooperative
    agreement, to a State or Indian tribe upon request only if - 
        (1) such State or Indian tribe consents in writing to restrict
      the dissemination of the information to those who are directly
      involved in an audit or investigation under this chapter and who
      have a need to know;
        (2) such State or tribe accepts liability for wrongful
      disclosure;
        (3) in the case of a State, such State demonstrates that such
      information is essential to the conduct of an audit or
      investigation or to litigation under section 1734 of this title;
      and
        (4) in the case of an Indian tribe, such tribe demonstrates
      that such information is essential to the conduct of an audit or
      investigation and waives sovereign immunity by express consent
      for wrongful disclosure by such tribe.
    (b) Nonliability of United States for wrongful disclosure
      The United States shall not be liable for the wrongful disclosure
    by any individual, State, or Indian tribe of any information
    provided to such individual, State, or Indian tribe pursuant to any
    cooperative agreement or a delegation, authorized by this chapter.
    (c) Law governing disclosure
      Whenever any individual, State, or Indian tribe has obtained
    possession of information pursuant to a cooperative agreement
    authorized by this section, or any individual or State has obtained
    possession of information pursuant to a delegation under section
    1735 of this title, the individual shall be subject to the same
    provisions of law with respect to the disclosure of such
    information as would apply to an officer or employee of the United
    States or of any department or agency thereof and the State or
    Indian tribe shall be subject to the same provisions of law with
    respect to the disclosure of such information as would apply to the
    United States or any department or agency thereof. No State or
    State officer or employee who receives trade secrets, proprietary
    information, or other confidential information under this chapter
    may be required to disclose such information under State law.

-SOURCE-
    (Pub. L. 97-451, title II, Sec. 203, Jan. 12, 1983, 96 Stat. 2458.)

-End-



-CITE-
    30 USC Sec. 1734                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER II - STATES AND INDIAN TRIBES

-HEAD-
    Sec. 1734. State suits under Federal law

-STATUTE-
    (a) Action for royalty, interest, or civil penalty; limitations;
      notice of suit; award of costs and fees
      (1) A State may commence a civil action under this section
    against any person to recover any royalty, interest, or civil
    penalty which the State believes is due, based upon credible
    evidence, with respect to any oil and gas lease on Federal lands
    located within the State.
      (2)(A) No action may be commenced under paragraph (1) prior to 90
    days after the State has given notice in writing to the Secretary
    of the payment required. Such 90-day limitation may be waived by
    the Secretary on a case-by-case basis.
      (B) If, within the 90-day period specified in subparagraph (A),
    the Secretary issues a demand for the payment concerned, no action
    may be commenced under paragraph (1) with respect to such payment
    during a 45-day period after issuance of such demand. If, during
    such 45-day period, the Secretary receives payment in full, no
    action may be commenced under paragraph (1).
      (C) If the Secretary refers the case to the Attorney General of
    the United States within the 45-day period referred to in
    subparagraph (B) or within 10 business days after the expiration of
    such 45-day period, no action may be commenced under paragraph (1)
    if the Attorney General, within 45 days after the date of such
    referral, commences, and thereafter diligently prosecutes, a civil
    action in a court of the United States with respect to the payment
    concerned.
      (3) The State shall notify the Secretary and the Attorney General
    of the United States of any suit filed by the State under this
    section.
      (4) A court in issuing any final order in any action brought
    under paragraph (1) may award costs of litigation including
    reasonable attorney and expert witness fees, to any party in such
    action if the court determines such an award is appropriate.
    (b) Venue; jurisdiction of district court
      An action brought under subsection (a) of this section may be
    brought only in a United States district court for the judicial
    district in which the lease site or the leasing activity complained
    of is located. Such district court shall have jurisdiction, without
    regard to the amount in controversy or the citizenship of the
    parties, to require compliance or order payment in any such action.
    (c) Recovery of civil penalty by State; deposit of rent, royalty,
      or interest recovery in Treasury of the United States
      (1) Notwithstanding any other provision of law, any civil penalty
    recovered by a State under subsection (a) of this section shall be
    retained by the State and may be expended in such manner and for
    such purposes as the State deems appropriate.
      (2) Any rent, royalty, or interest recovered by a State under
    subsection (a) of this section shall be deposited in the Treasury
    of the United States in the same manner, and subject to the same
    requirements, as are applicable in the case of any rent, royalty,
    or interest collected by an officer or employee of the United
    States, except that such amounts shall be deposited in the Treasury
    not later than 10 days after receipt by the State.

-SOURCE-
    (Pub. L. 97-451, title II, Sec. 204, Jan. 12, 1983, 96 Stat. 2458.)

-End-



-CITE-
    30 USC Sec. 1735                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER II - STATES AND INDIAN TRIBES

-HEAD-
    Sec. 1735. Delegation of royalty collections and related activities

-STATUTE-
    (a) Authorization of Secretary
      Upon written request of any State, the Secretary is authorized to
    delegate, in accordance with the provisions of this section, all or
    part of the authorities and responsibilities of the Secretary under
    this chapter to:
        (1) conduct inspections, audits, and investigations;
        (2) receive and process production and financial reports;
        (3) correct erroneous report data;
        (4) perform automated verification; and
        (5) issue demands, subpoenas, and orders to perform
      restructured accounting, for royalty management enforcement
      purposes,

    to any State with respect to all Federal land within the State.
    (b) Prerequisites
      After notice and opportunity for a hearing, the Secretary is
    authorized to delegate such authorities and responsibilities
    granted under this section as the State has requested, if the
    Secretary finds that - 
        (1) it is likely that the State will provide adequate resources
      to achieve the purposes of this chapter;
        (2) the State has demonstrated that it will effectively and
      faithfully administer the rules and regulations of the Secretary
      under this chapter in accordance with the requirements of
      subsections (c) and (d) of this section;
        (3) such delegation will not create an unreasonable burden on
      any lessee;
        (4) the State agrees to adopt standardized reporting procedures
      prescribed by the Secretary for royalty and production accounting
      purposes, unless the State and all affected parties (including
      the Secretary) otherwise agree;
        (5) the State agrees to follow and adhere to regulations and
      guidelines issued by the Secretary pursuant to the mineral
      leasing laws regarding valuation of production; and
        (6) where necessary for a State to have authority to carry out
      and enforce a delegated activity, the State agrees to enact such
      laws and promulgate such regulations as are consistent with
      relevant Federal laws and regulations

    with respect to the Federal lands within the State.
    (c) Ruling as to consistency of State's proposal
      After notice and opportunity for hearing, the Secretary shall
    issue a ruling as to the consistency of a State's proposal with the
    provisions of this section and regulations under subsection (d) of
    this section within 90 days after submission of such proposal. In
    any unfavorable ruling, the Secretary shall set forth the reasons
    therefor and state whether the Secretary will agree to delegate to
    the State if the State meets the conditions set forth in such
    ruling.
    (d) Promulgation of standards and regulations with respect to
      delegation
      After consultation with State authorities, the Secretary shall by
    rule promulgate, within 12 months after August 13, 1996, standards
    and regulations pertaining to the authorities and responsibilities
    to be delegated under subsection (a) of this section, including
    standards and regulations pertaining to - 
        (1) audits to be performed;
        (2) records and accounts to be maintained;
        (3) reporting procedures to be required by States under this
      section;
        (4) receipt and processing of production and financial reports;
        (5) correction of erroneous report data;
        (6) performance of automated verification;
        (7) issuance of standards and guidelines in order to avoid
      duplication of effort;
        (8) transmission of report data to the Secretary; and
        (9) issuance of demands, subpoenas, and orders to perform
      restructured accounting, for royalty management enforcement
      purposes.

    Such standards and regulations shall be designed to provide
    reasonable assurance that a uniform and effective royalty
    management system will prevail among the States. The records and
    accounts under paragraph (2) shall be sufficient to allow the
    Secretary to monitor the performance of any State under this
    section.
    (e) Revocation; issuance of demand or order by Secretary
      If, after notice and opportunity for a hearing, the Secretary
    finds that any State to which any authority or responsibility of
    the Secretary has been delegated under this section is in violation
    of any requirement of this section or any rule thereunder, or that
    an affirmative finding by the Secretary under subsection (b) of
    this section can no longer be made, the Secretary may revoke such
    delegation. If, after providing written notice to a delegated State
    and a reasonable opportunity to take corrective action requested by
    the Secretary, the Secretary determines that the State has failed
    to issue a demand or order to a Federal lessee within the State,
    that such failure may result in an underpayment of an obligation
    due the United States by such lessee, and that such underpayment
    may be uncollected without Secretarial intervention, the Secretary
    may issue such demand or order in accordance with the provisions of
    this chapter prior to or absent the withdrawal of delegated
    authority.
    (f) Compensation to State for costs of delegation; allocation of
      costs
      Subject to appropriations, the Secretary shall compensate any
    State for those costs which may be necessary to carry out the
    delegated activities under this Section.(!1) Payment shall be made
    no less than every quarter during the fiscal year. Compensation to
    a State may not exceed the Secretary's reasonably anticipated
    expenditure for performance of such delegated activities by the
    Secretary. Such costs shall be allocable for the purposes of
    section 191(b) of this title to the administration and enforcement
    of laws providing for the leasing of any onshore lands or interests
    in land owned by the United States. Any further allocation of costs
    under section 191(b) of this title made by the Secretary for oil
    and gas activities, other than those costs to compensate States for
    delegated activities under this chapter, shall be only those costs
    associated with onshore oil and gas activities and may not include
    any duplication of costs allocated pursuant to the previous
    sentence. Nothing in this section affects the Secretary's authority
    to make allocations under section 191(b) of this title for non-oil
    and gas mineral activities. All moneys received from sales,
    bonuses, rentals, royalties, assessments and interest, including
    money claimed to be due and owing pursuant to a delegation under
    this section, shall be payable and paid to the Treasury of the
    United States.

    (g) Judicial review
      Any action of the Secretary to approve or disapprove a proposal
    submitted by a State under this section shall be subject to
    judicial review in the United States district court which includes
    the capital of the State submitting the proposal.
    (h) Existing delegation
      Any State operating pursuant to a delegation existing on August
    13, 1996, may continue to operate under the terms and conditions of
    the delegation, except to the extent that a revision of the
    existing agreement is adopted pursuant to this section.

-SOURCE-
    (Pub. L. 97-451, title II, Sec. 205, Jan. 12, 1983, 96 Stat. 2459;
    Pub. L. 104-185, Sec. 3(a), Aug. 13, 1996, 110 Stat. 1702.)

-COD-
                               CODIFICATION                           
      August 13, 1996, referred to in subsec. (d), was in the original
    "the date of enactment of this section", which was translated as
    meaning the date of enactment of Pub. L. 104-185, which amended
    this section generally, to reflect the probable intent of Congress.
      August 13, 1996, referred to in subsec. (h), was in the original
    "the date of enactment of this Act", which was translated as
    meaning the date of enactment of Pub. L. 104-185, which amended
    this section generally, to reflect the probable intent of Congress.


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-185 amended section generally, substituting
    present provisions for provisions which stated in subsec. (a),
    authorization of Secretary to delegate to States except permission
    of Indian tribe required with respect to Indian lands; subsec. (b),
    prerequisites; subsec. (c), promulgation of regulations defining
    joint functions; subsec. (d), promulgation of standards and
    regulations with respect to delegation; subsec. (e), revocation;
    and subsec. (f), compensation to State for costs of delegation.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-185 applicable with respect to
    production of oil and gas after the first day of the month
    following Aug. 13, 1996, see section 11 of Pub. L. 104-185, set out
    as a note under section 1701 of this title.

                      APPLICABILITY OF 1996 AMENDMENT                  
      Amendment by Pub. L. 104-185 not applicable to any privately
    owned minerals or with respect to Indian lands, see sections 9 and
    10 of Pub. L. 104-185, set out as a note under section 1701 of this
    title.

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.


-End-



-CITE-
    30 USC Sec. 1736                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER II - STATES AND INDIAN TRIBES

-HEAD-
    Sec. 1736. Shared civil penalties

-STATUTE-
      An amount equal to 50 per centum of any civil penalty collected
    by the Federal Government under this chapter resulting from
    activities conducted by a State or Indian tribe pursuant to a
    cooperative agreement under section 1732 of this title or a State
    under a delegation under section 1735 of this title, shall be
    payable to such State or tribe. Such amount shall be deducted from
    any compensation due such State or Indian tribe under section 1732
    of this title or such State under section 1735 of this title.

-SOURCE-
    (Pub. L. 97-451, title II, Sec. 206, Jan. 12, 1983, 96 Stat. 2460.)

-End-


-CITE-
    30 USC SUBCHAPTER III - GENERAL PROVISIONS                  01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
                    SUBCHAPTER III - GENERAL PROVISIONS                

-End-



-CITE-
    30 USC Sec. 1751                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 1751. Secretarial authority

-STATUTE-
    (a) Prescription of rules and regulations
      The Secretary shall prescribe such rules and regulations as he
    deems reasonably necessary to carry out this chapter.
    (b) Conformity with rulemaking provisions
      Rules and regulations issued to implement this chapter shall be
    issued in conformity with section 553 of title 5, notwithstanding
    section 553(a)(2) of that title.
    (c) Contracts with non-Federal Government inspectors, auditors,
      etc.; coordination of auditing and enforcement functions
      In addition to entering into cooperative agreements or delegation
    of authority authorized under this chapter, the Secretary may
    contract with such non-Federal Government inspectors, auditors, and
    other persons as he deems necessary to aid in carrying out his
    functions under this chapter and its implementation. With respect
    to his auditing and enforcement functions under this chapter, the
    Secretary shall coordinate such functions so as to avoid to the
    maximum extent practicable, subjecting lessees, operators, or other
    persons to audits or investigations of the same subject matter by
    more than one auditing or investigating entity at the same time.

-SOURCE-
    (Pub. L. 97-451, title III, Sec. 301, Jan. 12, 1983, 96 Stat.
    2460.)

-End-



-CITE-
    30 USC Sec. 1752                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 1752. Reports

-STATUTE-
      The Secretary shall submit to the Congress an annual report on
    the implementation of this chapter. The information to be included
    in the report and the format of the report shall be developed by
    the Secretary after consulting with the Committees on Natural
    Resources of the House of Representatives and on Energy and Natural
    Resources of the Senate. The Secretary shall also report on the
    progress of the Department in reconciling account balances.

-SOURCE-
    (Pub. L. 97-451, title III, Sec. 302, Jan. 12, 1983, 96 Stat. 2461;
    Pub. L. 103-437, Sec. 11(a)(2), Nov. 2, 1994, 108 Stat. 4589; Pub.
    L. 105-362, title IX, Sec. 901(j)(1), Nov. 10, 1998, 112 Stat.
    3290.)


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-362 struck out subsec. (a) designation and
    struck out subsec. (b) which read as follows: "Commencing with
    fiscal year 1984, the Inspector General of the Department of the
    Interior shall conduct a biennial audit of the Federal royalty
    management system. The Inspector General shall submit the results
    of such audit to the Secretary and to the Congress."
      1994 - Subsec. (a). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" after "Committees
    on".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under this section is listed on page 111),
    see section 3003 of Pub. L. 104-66, as amended, set out as a note
    under section 1113 of Title 31, Money and Finance.

    STUDY OF THE ADEQUACY OF ROYALTY MANAGEMENT FOR MINERALS ON FEDERAL
                             AND INDIAN LANDS
      Section 303 of Pub. L. 97-451 directed Secretary to study
    question of adequacy of royalty management for coal, uranium and
    other energy and nonenergy minerals on Federal and Indian lands,
    include proposed legislation if Secretary determined that such
    legislation was necessary to ensure prompt and proper collection of
    revenues owed to the United States, the States and Indian tribes or
    Indian allottees from the sale, lease or other disposal of such
    minerals, with study to be submitted to Congress not later than one
    year from Jan. 12, 1983.

-End-



-CITE-
    30 USC Sec. 1753                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 1753. Relation to other laws

-STATUTE-
    (a) Supplemental nature of chapter
      The penalties and authorities provided in this chapter are
    supplemental to, and not in derogation of, any penalties or
    authorities contained in any other provision of law.
    (b) Responsibilities of Secretary related to minerals on Federal
      and Indian lands
      Nothing in this chapter shall be construed to reduce the
    responsibilities of the Secretary to ensure prompt and proper
    collection of revenues from coal, uranium and other energy and
    nonenergy minerals on Federal and Indian lands, or to restrain the
    Secretary from entering into cooperative agreements or other
    appropriate arrangements with States and Indian tribes to share
    royalty management responsibilities and activities for such
    minerals under existing authorities.
    (c) Authority and responsibilities of Inspector General and
      Comptroller General unaffected
      Nothing in this chapter shall be construed to enlarge, diminish,
    or otherwise affect the authority or responsibility of the
    Inspector General of the Department of the Interior or of the
    Comptroller General of the United States.
    (d) Lands and land interests entrusted to Tennessee Valley
      Authority unaffected
      No provision of this chapter impairs or affects lands and
    interests in land entrusted to the Tennessee Valley Authority.

-SOURCE-
    (Pub. L. 97-451, title III, Sec. 304, Jan. 12, 1983, 96 Stat. 2461;
    Pub. L. 105-362, title IX, Sec. 901(j)(2), Nov. 10, 1998, 112 Stat.
    3290.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (c). Pub. L. 105-362 substituted "Nothing" for
    "Except as expressly provided in section 1752(b) of this title,
    nothing".

-End-



-CITE-
    30 USC Sec. 1754                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 1754. Funding

-STATUTE-
      Effective October 1, 1983, there are hereby authorized to be
    appropriated such sums as may be necessary to carry out the
    provisions of this chapter, including such sums as may be necessary
    for the cooperative agreements, contracts, and delegations
    authorized by this chapter: Provided, That nothing in this chapter
    shall be construed to affect or impair any authority to enter into
    contracts or make payments under any other provision of law.

-SOURCE-
    (Pub. L. 97-451, title III, Sec. 306, Jan. 12, 1983, 96 Stat.
    2462.)

-End-



-CITE-
    30 USC Sec. 1755                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 1755. Statute of limitations

-STATUTE-
      Except in the case of fraud, any action to recover penalties
    under this chapter shall be barred unless the action is commenced
    within 6 years after the date of the act or omission which is the
    basis for the action.

-SOURCE-
    (Pub. L. 97-451, title III, Sec. 307, Jan. 12, 1983, 96 Stat.
    2462.)


-MISC1-
                               APPLICABILITY                           
      Section no longer applicable with respect to Federal lands, but
    applicability of section to Indian leases not affected, see section
    8(a) of Pub. L. 104-185, set out as a note under section 1732 of
    this title.

-End-



-CITE-
    30 USC Sec. 1756                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 1756. Expanded royalty obligations

-STATUTE-
      Any lessee is liable for royalty payments on oil or gas lost or
    wasted from a lease site when such loss or waste is due to
    negligence on the part of the operator of the lease, or due to the
    failure to comply with any rule or regulation, order or citation
    issued under this chapter or any mineral leasing law.

-SOURCE-
    (Pub. L. 97-451, title III, Sec. 308, Jan. 12, 1983, 96 Stat.
    2462.)

-End-



-CITE-
    30 USC Sec. 1757                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 1757. Severability

-STATUTE-
      If any provision of this chapter or the applicability thereof to
    any person or circumstances is held invalid, the remainder of this
    chapter and the application of such provision to other persons or
    circumstances shall not be affected thereby.

-SOURCE-
    (Pub. L. 97-451, title III, Sec. 309, Jan. 12, 1983, 96 Stat.
    2462.)

-End-



-CITE-
    30 USC Sec. 1758                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 29 - OIL AND GAS ROYALTY MANAGEMENT
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 1758. Use of royalty-in-kind revenue by Minerals Management
      Service

-STATUTE-
      That in fiscal year 2006 and thereafter, the MMS may under the
    royalty-in-kind program, or under its authority to transfer oil to
    the Strategic Petroleum Reserve, use a portion of the revenues from
    royalty-in-kind sales, without regard to fiscal year limitation, to
    pay for transportation to wholesale market centers or upstream
    pooling points, to process or otherwise dispose of royalty
    production taken in kind, and to recover MMS transportation costs,
    salaries, and other administrative costs directly related to the
    royalty-in-kind program.

-SOURCE-
    (Pub. L. 109-54, title I, Aug. 2, 2005, 119 Stat. 512.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      MMS, referred to in text, means the Minerals Management Service.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of the Interior,
    Environment, and Related Agencies Appropriations Act, 2006, and not
    as part of the Federal Oil and Gas Royalty Management Act of 1982
    which comprises this chapter.


-MISC1-
                            SIMILAR PROVISIONS                        
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-447, div. E, title I, Dec. 8, 2004, 118 Stat. 3053.
      Pub. L. 108-108, title I, Nov. 10, 2003, 117 Stat. 1255.
      Pub. L. 108-7, div. F, title I, Feb. 20, 2003, 117 Stat. 229.
      Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 428.
      Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 932.

-End-


-CITE-
    30 USC CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL

-HEAD-
             CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL         

-MISC1-
    Sec.                                                     
    1801.       Congressional findings and declaration of purposes.   
    1802.       Establishment of National Critical Materials Council. 
    1803.       Responsibilities and authorities of Council.          
    1804.       Program and policy for advanced materials research and
                 technology.                                          
    1805.       Innovation in basic and advanced materials industries.
    1806.       Compensation of members and reimbursement.            
    1807.       Executive Director.                                   
    1808.       Responsibilities and duties of Director.              
    1809.       General authority of Council.                         
    1810.       Authorization of appropriations.                      
    1811.       "Materials" defined.                                  

-End-



-CITE-
    30 USC Sec. 1801                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL

-HEAD-
    Sec. 1801. Congressional findings and declaration of purposes

-STATUTE-
      (a) The Congress finds that - 
        (1) the availability of adequate supplies of strategic and
      critical industrial minerals and materials continues to be
      essential for national security, economic well-being, and
      industrial production;
        (2) the United States is increasingly dependent on foreign
      sources of materials and vulnerable to supply interruption in the
      case of many of those minerals and materials essential to the
      Nation's defense and economic well-being;
        (3) together with increasing import dependence, the Nation's
      industrial base, including the capacity to process minerals and
      materials, is deteriorating - both in terms of facilities and in
      terms of a trained labor force;
        (4) research, development, and technological innovation,
      especially related to improved materials and new processing
      technologies, are important factors which affect our long-term
      capability for economic competitiveness, as well as for
      adjustment to interruptions in supply of critical minerals and
      materials;
        (5) while other nations have developed and implemented specific
      long-term research and technology programs to develop high-
      performance materials, no such policy and program evolution has
      occurred in the United States;
        (6) establishing critical materials reserves, by both the
      public and private sectors and with proper organization and
      management, represents one means of responding to the genuine
      risks to our economy and national defense from dependency on
      foreign sources;
        (7) there exists no single Federal entity with the authority
      and responsibility for establishing critical materials policy and
      for coordinating and implementing that policy; and
        (8) the importance of materials to national goals requires an
      organizational means for establishing responsibilities for
      materials programs and for the coordination, within and at a
      suitably high level of the Executive Office of the President,
      with other existing policies within the Federal Government.

      (b) It is the purpose of this chapter - 
        (1) to establish a National Critical Materials Council under
      and reporting to the Executive Office of the President which
      shall - 
          (A) establish responsibilities for and provide for necessary
        coordination of critical materials policies, including all
        facets of research and technology, among the various agencies
        and departments of the Federal Government, and make
        recommendations for the implementation of such policies;
          (B) bring to the attention of the President, the Congress,
        and the general public such materials issues and concerns,
        including research and development, as are deemed critical to
        the economic and strategic health of the Nation; and
          (C) ensure adequate and continuing consultation with the
        private sector concerning critical materials, materials
        research and development, use of materials, Federal materials
        policies, and related matters;

        (2) to establish a national Federal program for advanced
      materials research and technology, including basic phenomena
      through processing and manufacturing technology; and
        (3) to stimulate innovation and technology utilization in basic
      as well as advanced materials industries.

-SOURCE-
    (Pub. L. 98-373, title II, Sec. 202, July 31, 1984, 98 Stat. 1249.)


-MISC1-
                                SHORT TITLE                            
      Section 201 of Pub. L. 98-373 provided that: "This title
    [enacting this chapter] may be cited as the 'National Critical
    Materials Act of 1984'."

-End-



-CITE-
    30 USC Sec. 1802                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL

-HEAD-
    Sec. 1802. Establishment of National Critical Materials Council

-STATUTE-
      There is hereby established a National Critical Materials Council
    (hereinafter referred to as the "Council") under and reporting to
    the Executive Office of the President. The Council shall be
    composed of three members who shall be appointed by the President
    and who shall serve at the pleasure of the President. Members so
    appointed who are not already Senate-confirmed officers of the
    Government shall be appointed by and with the advice and consent of
    the Senate. The President shall designate one of the members to
    serve as Chairman. Each member shall be a person who, as a result
    of training, experience, and achievement, is qualified to carry out
    the duties and functions of the Council, with particular emphasis
    placed on fields relating to materials policy or materials science
    and engineering. In addition, at least one of the members shall
    have a background in and understanding of environmentally related
    issues.

-SOURCE-
    (Pub. L. 98-373, title II, Sec. 203, July 31, 1984, 98 Stat. 1250.)

-End-



-CITE-
    30 USC Sec. 1803                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL

-HEAD-
    Sec. 1803. Responsibilities and authorities of Council

-STATUTE-
    (a) Primary responsibilities of Council
      It shall be the primary responsibility of the Council - 
        (1) to assist and advise the President in establishing coherent
      national materials policies consistent with other Federal
      policies, and making recommendations necessary to implement such
      policies;
        (2) to assist in establishing responsibilities for, and to
      coordinate, Federal materials-related policies, programs, and
      research and technology activities, as well as recommending to
      the Office of Management and Budget budget priorities for
      materials activities in each of the Federal departments and
      agencies;
        (3) to review and appraise the various programs and activities
      of the Federal Government in accordance with the policy and
      directions given in the National Materials and Minerals Policy,
      Research and Development Act of 1980 (30 U.S.C. 1601) [30 U.S.C.
      1601 et seq.], and to determine the extent to which such programs
      and activities are contributing to the achievement of such policy
      and directions;
        (4) to monitor and evaluate the critical materials needs of
      basic and advanced technology industries and the Government,
      including the critical materials research and development needs
      of the private and public sectors;
        (5) to advise the President of mineral and material (!1)
      trends, both domestic and foreign, the implications thereof for
      the United States and world economies and the national security,
      and the probable effects of such trends on domestic industries;

        (6) to assess through consultation with the materials academic
      community the adequacy and quality of materials-related
      educational institutions and the supply of materials scientists
      and engineers;
        (7) to make or furnish such studies, analyses, reports, and
      recommendations with respect to matters of materials-related
      policy and legislation as the President may request;
        (8)(A) to prepare a report providing a domestic inventory of
      critical materials with projections on the prospective needs of
      Government and industry for these materials, including a long-
      range assessment, prepared in conjunction with the Office of
      Science and Technology Policy in accordance with the National
      Materials and Minerals Policy, Research and Development Act of
      1980, and in conjunction with such other Government departments
      or agencies as may be considered necessary, of the prospective
      major critical materials problems which the United States is
      likely to confront in the immediate years ahead and providing
      advice as to how these problems may best be addressed, with the
      first such report being due on April 1, 1985, and (B) review and
      update such report and assessment as appropriate and report
      thereon to the Congress at least biennially; and
        (9) to recommend to the Congress such changes in current
      policies, activities, and regulations of the Federal Government,
      and such legislation, as may be considered necessary to carry out
      the intent of this chapter and the National Materials and
      Minerals Policy, Research and Development Act of 1980.
    (b) Specific authorities of Council
      In carrying out its responsibilities under this section the
    Council shall have the authority - 
        (1) to establish such special advisory panels as it considers
      necessary, with each such panel consisting of representatives of
      industry, academia, and other members of the private sector, not
      to exceed ten members, and being limited in scope of subject and
      duration; and
        (2) to establish and convene such Federal interagency
      committees as it considers necessary in carrying out the intent
      of this chapter.
    (c) Collaboration and cooperation of Council and Federal agencies
      with responsibilities related to materials
      In seeking to achieve the goals of this chapter and related Acts,
    the Council and other Federal departments and agencies with
    responsibilities or jurisdiction related to materials or materials
    policy, including the National Security Council, the Council on
    Environmental Quality, the Office of Management and Budget, and the
    Office of Science and Technology Policy, shall work collaboratively
    and in close cooperation.

-SOURCE-
    (Pub. L. 98-373, title II, Sec. 204, July 31, 1984, 98 Stat. 1250.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Materials and Minerals Policy, Research and
    Development Act of 1980, referred to in subsec. (a)(3), (8), and
    (9), is Pub. L. 96-479, Oct. 21, 1980, 94 Stat. 2305, which is
    classified generally to chapter 28 (Sec. 1601 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1601 of this title and
    Tables.


-MISC1-
     REVIEW OF RESEARCH AND DEVELOPMENT PRIORITIES IN SUPERCONDUCTORS 
      Pub. L. 100-418, title V, Sec. 5143, Aug. 23, 1988, 102 Stat.
    1446, provided that:
      "(a) National Commission on Superconductivity. - The President
    shall appoint a National Commission on Superconductivity to review
    all major policy issues regarding United States applications of
    recent research advances in superconductors in order to assist the
    Congress in devising a national strategy, including research and
    development priorities, the development of which will assure United
    States leadership in the development and application of
    superconducting technologies.
      "(b) Membership. - The membership of the National Commission on
    Superconductivity shall include representatives of - 
        "(1) the National Critical Materials Council, the National
      Academy of Sciences, the National Academy of Engineering, the
      National Science Foundation, the National Aeronautics and Space
      Administration, the Department of Energy, the Department of
      Justice, the Department of Commerce (including the National
      Institute of Standards and Technology), the Department of
      Transportation, the Department of the Treasury, and the
      Department of Defense;
        "(2) organizations whose membership is comprised of physicists,
      engineers, chemical scientists, or material scientists; and
        "(3) industries, universities, and national laboratories
      engaged in superconductivity research.
      "(c) Chairman. - A representative of the private sector shall be
    designated as chairman of the Commission.
      "(d) Coordination. - The National Critical Materials Council
    shall be the coordinating body of the National Commission on
    Superconductivity and shall provide staff support for the
    Commission.
      "(e) Report. - Within 6 months after the date of the enactment of
    this Act [Aug. 23, 1988], the National Commission on
    Superconductivity shall submit a report to the President and the
    Congress with recommendations regarding methods of enhancing the
    research, development, and implementation of improved
    superconductor technologies in all major applications.
      "(f) Scope of Review. - In preparing the report required by
    subsection (e), the Commission shall consider addressing, but need
    not limit, its review to - 
        "(1) the state of United States competitiveness in the
      development of improved superconductors;
        "(2) methods to improve and coordinate the collection and
      dissemination of research data relating to superconductivity;
        "(3) methods to improve and coordinate funding of research and
      development of improved superconductors;
        "(4) methods to improve and coordinate the development of
      viable commercial and military applications of improved
      superconductors;
        "(5) foreign government activities designed to promote
      research, development, and commercial application of improved
      superconductors;
        "(6) the need to provide increased Federal funding of research
      and development of improved superconductors;
        "(7) the impact on the United States national security if the
      United States must rely on foreign producers of superconductors;
        "(8) the benefit, if any, of granting private companies partial
      exemptions from United States antitrust laws to allow them to
      coordinate research, development, and products containing
      improved superconductors;
        "(9) options for providing income tax incentives for
      encouraging research, development, and production in the United
      States of products containing improved superconductors; and
        "(10) methods to strengthen domestic patent and trademark laws
      to ensure that qualified superconductivity discoveries receive
      the fullest protection from infringement.
      "(g) Sunset. - The Commission shall disband within a year of its
    establishment. Thereafter the National Critical Materials Council
    may review and update the report required by subsection (e) and
    make further recommendations as it deems appropriate."

-FOOTNOTE-
    (!1) So in original. Probably should be "materials".


-End-



-CITE-
    30 USC Sec. 1804                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL

-HEAD-
    Sec. 1804. Program and policy for advanced materials research and
      technology

-STATUTE-
    (a) Functions of Council
      In addition to the responsibilities described in section 1803 of
    this title, the Council shall be responsible for coordination with
    appropriate agencies and departments of the Federal Government
    relative to Federal materials research and development policies and
    programs. Such policies and programs shall be consistent with the
    policies and goals described in the National Materials and Minerals
    Policy, Research and Development Act of 1980 [30 U.S.C. 1601 et
    seq.]. In carrying out this responsibility the Council shall - 
        (1)(A) establish a national Federal program plan for advanced
      materials research and development, recommend the designation of
      the key responsibilities for carrying out such research, and to
      provide (!1) for coordination of this plan with the Office of
      Science and Technology Policy, the Office of Management and
      Budget, and such other Federal offices and agencies as may be
      deemed appropriate, and (B) annually review such plan and report
      thereon to the Congress;

        (2) review annually the materials research, development, and
      technology authorization requests and budgets of all Federal
      agencies and departments; and in this activity the Council shall
      make recommendations, in cooperation with the Office of Science
      and Technology Policy, the Office of Management and Budget, and
      all other Federal offices and agencies deemed appropriate, to
      ensure close coordination of the goals and directions of such
      programs with the policies determined by the Council; and
        (3) assist the Office of Science and Technology Policy in the
      preparation of such long-range materials assessments and reports
      as may be required by the National Materials and Minerals Policy,
      Research and Development Act of 1980, and assist other Federal
      entities in the preparation of analyses and reporting relating to
      critical and advanced materials.
    (b) Review by Office of Management and Budget
      The Office of Management and Budget, in reviewing the materials
    research, development, and technology authorization requests of the
    various Federal departments and agencies for any fiscal year, and
    the recommendations of the Council, shall consider all of such
    requests and recommendations as an integrated, coherent,
    multiagency request which shall be reviewed by the Office of
    Management and Budget for its adherence to the national Federal
    materials program plan in effect for such fiscal year under
    subsection (a) of this section.

-SOURCE-
    (Pub. L. 98-373, title II, Sec. 205, July 31, 1984, 98 Stat. 1251.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Materials and Minerals Policy, Research and
    Development Act of 1980, referred to in subsec. (a), is Pub. L. 96-
    479, Oct. 21, 1980, 94 Stat. 2305, which is classified generally
    to chapter 28 (Sec. 1601 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1601 of this title and Tables.


-MISC1-
     NATIONAL FEDERAL PROGRAM PLAN FOR ADVANCED MATERIALS RESEARCH AND
                                DEVELOPMENT
      Pub. L. 100-418, title V, Sec. 5181, Aug. 23, 1988, 102 Stat.
    1454, directed National Critical Materials Council to prepare the
    national Federal program plan for advanced materials research and
    development under 30 U.S.C. 1804(a)(1)(A) and to submit such plan
    to Congress not later than 180 days after Aug. 23, 1988.

-FOOTNOTE-
    (!1) So in original. Probably should be "and provide".


-End-



-CITE-
    30 USC Sec. 1805                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL

-HEAD-
    Sec. 1805. Innovation in basic and advanced materials industries

-STATUTE-
    (a) Centers for Industrial Technology; recommendations for
      establishment; activities
      (1) In order to promote the use of more cost-effective, advanced
    technology and other means of providing for innovation and
    increased productivity within the basic and advanced materials
    industries, the Council shall evaluate and make recommendations
    regarding the establishment of Centers for Industrial Technology as
    provided in Public Law 96-480 (15 U.S.C. 3705).
      (2) The activities of such Centers shall focus on, but not be
    limited to, the following generic materials areas: corrosion;
    welding and joining of materials; advanced processing and
    fabrication technologies; microfabrication; and fracture and
    fatigue.
    (b) Mechanism for dissemination of data; establishment;
      computerization
      In order to promote better use and innovation of materials in
    design for improved safety or efficiency, the Council shall
    establish in cooperation with the appropriate Federal agencies and
    private industry, an effective mechanism for disseminating
    materials property data in an efficient and timely manner. In
    carrying out this responsibility, the Council shall consider, where
    appropriate, the establishment of a computerized system taking into
    account, to the maximum extent practicable, existing available
    resources.

-SOURCE-
    (Pub. L. 98-373, title II, Sec. 206, July 31, 1984, 98 Stat. 1252.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 96-480, referred to in subsec. (a)(1), is Pub. L. 96-
    480, Oct. 21, 1980, 94 Stat. 2311, known as the Stevenson-Wydler
    Technology Innovation Act of 1980, which is classified generally to
    chapter 63 (Sec. 3701 et seq.) of Title 15, Commerce and Trade. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3701 of Title 15 and Tables.

-End-



-CITE-
    30 USC Sec. 1806                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL

-HEAD-
    Sec. 1806. Compensation of members and reimbursement

-STATUTE-
    (a) Basic pay for levels II and III of Executive Schedule
      The Chairman of the Council, if not otherwise a paid officer or
    employee of the Federal Government, shall be paid at the rate not
    to exceed the rate of basic pay provided for level II of the
    Executive Schedule. The other members of the Council, if not
    otherwise paid officers or employees of the Federal Government,
    shall be paid at a per diem rate comparable to the rate not to
    exceed the rate of basic pay provided for level III of the
    Executive Schedule.
    (b) Reimbursement of travel expenses for attendance at meetings
      Subject to existing law and regulations governing conflicts of
    interest, the Council may accept reimbursement from any private
    nonprofit organization or from any department, agency, or
    instrumentality of the Federal Government, or from any State or
    local government, for reasonable travel expenses incurred by any
    member or employee of the Council in connection with such member's
    or employee's attendance at any conference, seminar, or similar
    meeting.

-SOURCE-
    (Pub. L. 98-373, title II, Sec. 207, July 31, 1984, 98 Stat. 1252.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Levels II and III of the Executive Schedule, referred to in
    subsec. (a), are set out in sections 5313 and 5314, respectively,
    of Title 5, Government Organization and Employees.

-End-



-CITE-
    30 USC Sec. 1807                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL

-HEAD-
    Sec. 1807. Executive Director

-STATUTE-
    (a) Function, appointment, and compensation
      There shall be an Executive Director (hereinafter referred to as
    the "Director"), who shall be chief administrator of the Council.
    The Director shall be appointed by the Council full time and shall
    be paid at the rate not to exceed the rate of basic pay provided
    for level III of the Executive Schedule.
    (b) Personnel and services of experts and consultants; rules and
      regulations
      The Director is authorized - 
        (1) to employ such personnel as may be necessary for the
      Council to carry out its duties and functions under this chapter,
      but not to exceed twelve compensated employees;
        (2) to obtain the services of experts and consultants in
      accordance with the provisions of section 3109 of title 5; and
        (3) to develop, subject to approval by the Council, rules and
      regulations necessary to carry out the purposes of this chapter.
    (c) Consultation with other groups; utilization of public and
      private services, facilities, and information
      In exercising his responsibilities and duties under this chapter,
    the Director - 
        (1) may consult with representatives of academia, industry,
      labor, State and local governments, and other groups; and
        (2) shall utilize to the fullest extent possible the services,
      facilities, and information (including statistical information)
      of public and private agencies, organizations, and individuals.
    (d) Utilization of voluntary and uncompensated labor and services
      Notwithstanding section 1342 of title 31, the Council may utilize
    voluntary and uncompensated labor and services in carrying out its
    duties and functions.

-SOURCE-
    (Pub. L. 98-373, title II, Sec. 208, July 31, 1984, 98 Stat. 1253.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Level III of the Executive Schedule, referred to in subsec. (a),
    is set out in section 5314 of Title 5, Government Organization and
    Employees.

-COD-
                               CODIFICATION                           
      In subsec. (d), "section 1342 of title 31" substituted for
    "section 367(b) of the Revised Statutes (31 U.S.C. 665(b))" on
    authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.


-MISC1-
                             PERSONNEL MATTERS                         
      Pub. L. 100-418, title V, Sec. 5182, Aug. 23, 1988, 102 Stat.
    1454, provided that:
      "(a) Requirement To Increase Staff. - Not later than 30 days
    after the date of the enactment of this Act [Aug. 23, 1988], the
    Executive Director of the National Critical Materials Council shall
    increase the number of employees of the Council by the equivalent
    of 5 full-time employees over the number of employees of the
    Council on the date of the enactment of this Act.
      "(b) Qualifications of Staff. - Not less than the equivalent of 4
    full-time employees appointed pursuant to subsection (a) shall be
    permanent professional employees who have expertise in technical
    fields that are relevant to the responsibilities of the National
    Critical Materials Council, such as materials science and
    engineering, environmental matters, minerals and natural resources,
    ceramic or composite engineering, metallurgy, and geology."

-End-



-CITE-
    30 USC Sec. 1808                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL

-HEAD-
    Sec. 1808. Responsibilities and duties of Director

-STATUTE-
      In carrying out his functions the Director shall assist and
    advise the Council on policies and programs of the Federal
    Government affecting critical and advanced materials by - 
        (1) providing the professional and administrative staff and
      support for the Council;
        (2) assisting the Federal agencies and departments in
      appraising the effectiveness of existing and proposed facilities,
      programs, policies, and activities of the Federal Government,
      including research and development, which affect critical
      materials availability and needs;
        (3) cataloging, as fully as possible, research and development
      activities of the Government, private industry, and public and
      private institutions; and
        (4) initiating Government and private studies and analyses,
      including those to be conducted by or under the auspices of the
      Council, designed to advance knowledge of critical or advanced
      materials issues and develop alternative proposals, including
      research and development, to resolve national critical materials
      problems.

-SOURCE-
    (Pub. L. 98-373, title II, Sec. 209, July 31, 1984, 98 Stat. 1253.)

-End-



-CITE-
    30 USC Sec. 1809                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL

-HEAD-
    Sec. 1809. General authority of Council

-STATUTE-
      The Council is authorized - 
        (1) to establish such internal rules and regulations as may be
      necessary for its operation;
        (2) to enter into contracts and acquire materials and supplies
      necessary for its operation to such extent or in such amounts as
      are provided for in appropriation Acts;
        (3) to publish, consistent with title 44, or arrange to publish
      critical materials information that it deems to be useful to the
      public and private industry to the extent that such publication
      is consistent with the national defense and economic interest;
        (4) to utilize such services or personnel as may be provided to
      the Council on a nonreimbursable basis by any agency of the
      United States; and
        (5) to exercise such authorities as may be necessary and
      incidental to carrying out its responsibilities and duties under
      this chapter.

-SOURCE-
    (Pub. L. 98-373, title II, Sec. 210, July 31, 1984, 98 Stat. 1253;
    Pub. L. 100-418, title V, Sec. 5183, Aug. 23, 1988, 102 Stat.
    1454.)


-MISC1-
                                AMENDMENTS                            
      1988 - Par. (4). Pub. L. 100-418 substituted "nonreimbursable"
    for "reimbursable".

-End-



-CITE-
    30 USC Sec. 1810                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL

-HEAD-
    Sec. 1810. Authorization of appropriations

-STATUTE-
      There are hereby authorized to be appropriated to carry out the
    provisions of this chapter a sum not to exceed $500,000 for the
    fiscal year ending September 30, 1985, and such sums as may be
    necessary thereafter: Provided, That the authority provided for in
    this chapter shall expire on September 30, 1992, unless otherwise
    authorized by Congress.

-SOURCE-
    (Pub. L. 98-373, title II, Sec. 211, July 31, 1984, 98 Stat. 1254;
    Pub. L. 100-418, title V, Sec. 5184, Aug. 23, 1988, 102 Stat.
    1454.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-418 substituted "1992" for "1990".

-End-



-CITE-
    30 USC Sec. 1811                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL

-HEAD-
    Sec. 1811. "Materials" defined

-STATUTE-
      As used in this chapter, the term "materials" has the meaning
    given it by section 1601(b) of this title.

-SOURCE-
    (Pub. L. 98-373, title II, Sec. 212, July 31, 1984, 98 Stat. 1254.)

-End-


-CITE-
    30 USC CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH       01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH

-HEAD-
              CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH          

-MISC1-
    Sec.                                                     
    1901.       Definitions.                                          
    1902.       Research program.                                     
    1903.       Grants, contracts, and cooperative agreements.        
    1904.       Marine mineral research centers.                      
    1905.       Authorization of appropriations.                      

-End-



-CITE-
    30 USC Sec. 1901                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH

-HEAD-
    Sec. 1901. Definitions

-STATUTE-
      In this chapter:
        (1) The term "contract" has the same meaning as "procurement
      contract" in section 6303 of title 31.
        (2) The term "cooperative agreement" has the same meaning as in
      section 6305 of title 31.
        (3) The term "eligible entity" means - 
          (A) a research or educational entity chartered or
        incorporated under Federal or State law;
          (B) an individual who is a United States citizen; or
          (C) a State or regional agency.

        (4) The term "grant" has the same meaning as "grant agreement"
      in section 6304 of title 31.
        (5) The term "in-kind contribution" means a noncash
      contribution provided by a non-Federal entity that directly
      benefits and is related to a specific project or program. An in-
      kind contribution may include real property, equipment,
      supplies, other expendable property, goods, and services.
        (6) The term "marine mineral resource" means - 
          (A) sand and aggregates;
          (B) placers;
          (C) phosphates;
          (D) manganese nodules;
          (E) cobalt crusts;
          (F) metal sulfides;
          (G) for purposes of this section and sections 1902 through
        1905 of this title only, methane hydrate; and
          (H) other marine resources that are not - 
            (i) oil and gas;
            (ii) fisheries; or
            (iii) marine mammals.

        (7) The term "methane hydrate" means - 
          (A) a methane clathrate that is in the form of a methane-
        water ice-like crystalline material and is stable and occurs
        naturally in deep-ocean and permafrost areas; and
          (B) other natural gas hydrates found in association with deep-
        ocean and permafrost deposits of methane hydrate.

        (8) The term "Secretary" means the Secretary of the Interior.

-SOURCE-
    (Pub. L. 91-631, title II, Sec. 201, as added Pub. L. 104-325, Sec.
    2(3), Oct. 19, 1996, 110 Stat. 3994; amended Pub. L. 106-193, Sec.
    4, May 2, 2000, 114 Stat. 236.)


-MISC1-
                                AMENDMENTS                            
      2000 - Par. (6)(G), (H). Pub. L. 106-193, Sec. 4(1), added
    subpar. (G) and redesignated former subpar. (G) as (H).
      Pars. (7), (8). Pub. L. 106-193, Sec. 4(2), (3), added par. (7)
    and redesignated former par. (7) as (8).

                                SHORT TITLE                            
      Section 1 of Pub. L. 104-325 provided that: "This Act [enacting
    this chapter] may be cited as the 'Marine Mineral Resources
    Research Act of 1996'."

-End-



-CITE-
    30 USC Sec. 1902                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH

-HEAD-
    Sec. 1902. Research program

-STATUTE-
    (a) In general
      The Secretary shall establish and carry out a program of research
    on marine mineral resources.
    (b) Program goal
      The goal of the program shall be to - 
        (1) promote research, identification, assessment, and
      exploration of marine mineral resources in an environmentally
      responsible manner;
        (2) assist in developing domestic technologies required for
      efficient and environmentally sound development of marine mineral
      resources;
        (3) coordinate and promote the use of technologies developed
      with Federal assistance, and the use of available Federal assets,
      for research, identification, assessment, exploration, and
      development of marine mineral resources; and
        (4) encourage academia and industry to conduct basic and
      applied research, on a joint basis, through grants, cooperative
      agreements, or contracts with the Federal Government.
    (c) Responsibilities of Secretary
      In carrying out the program, the Secretary shall - 
        (1) promote and coordinate partnerships between industry,
      government, and academia to research, identify, assess, and
      explore marine mineral resources in an environmentally sound
      manner;
        (2) undertake programs to develop the basic information
      necessary to the long-term national interest in marine mineral
      resources (including seabed mapping) and to ensure that data and
      information are accessible and widely disseminated as needed and
      appropriate;
        (3) identify, and promote cooperation among agency programs
      that are developing, technologies developed by other Federal
      programs that may hold promise for facilitating undersea
      applications related to marine mineral resources, including
      technologies related to vessels and other platforms, underwater
      vehicles, survey and mapping systems, remote power sources, data
      collection and transmission systems, and various seabed research
      systems; and
        (4) foster communication and coordination between Federal and
      State agencies, universities, and private entities concerning
      marine mineral research on seabeds of the continental shelf,
      ocean basins, and arctic and cold water areas.

    In carrying out these responsibilities, the Secretary shall ensure
    the participation of non-Federal users of technologies and data
    related to marine mineral resources in planning and priority
    setting.

-SOURCE-
    (Pub. L. 91-631, title II, Sec. 202, as added Pub. L. 104-325, Sec.
    2(3), Oct. 19, 1996, 110 Stat. 3995.)


-MISC1-
                 METHANE HYDRATE RESEARCH AND DEVELOPMENT             
      Pub. L. 106-193, May 2, 2000, 114 Stat. 234, known as the Methane
    Hydrate Research and Development Act of 2000, which was set out as
    a note under this section, was amended and transferred to chapter
    32 (Sec. 2001 et seq.) of this title by Pub. L. 109-58, title IX,
    Sec. 968, Aug. 8, 2005, 119 Stat. 894.

-End-



-CITE-
    30 USC Sec. 1903                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH

-HEAD-
    Sec. 1903. Grants, contracts, and cooperative agreements

-STATUTE-
    (a) Assistance and coordination
      (1) In general
        The Secretary shall award grants or contracts to, or enter into
      cooperative agreements with, eligible entities to support
      research for the development or utilization of - 
          (A) methods, equipment, systems, and components necessary for
        the identification, assessment, and exploration of marine
        mineral resources in an environmentally responsible manner;
          (B) methods of detecting, monitoring, and predicting the
        presence of adverse environmental effects in the marine
        environment and remediating the environmental effects of marine
        mineral resource exploration, development, and production; and
          (C) education and training material in marine mineral
        research and resource management.
      (2) Cost-sharing for contracts or cooperative agreements
        (A) Federal share
          Except as provided in subparagraph (B)(ii), the Federal share
        of the cost of a contract or cooperative agreement carried out
        under this subsection shall not be greater than 80 percent of
        the total cost of the project.
        (B) Non-Federal share
          The remaining non-Federal share of the cost of a project
        carried out under this section may be - 
            (i) in the form of cash or in-kind contributions, or both;
          and
            (ii) comprised of funds made available under other Federal
          programs, except that non-Federal funds shall be used to
          defray at least 10 percent of the total cost of the project.
        (C) Consultation
          Not later than 180 days after October 19, 1996, the Secretary
        shall establish, after consultation with other Federal
        agencies, terms and conditions under which Federal funding will
        be provided under this subsection that are consistent with the
        Agreement on Subsidies and Countervailing Measures referred to
        in section 3511(d)(12) of title 19.
    (b) Competitive review
      (1) In general
        An entity shall not be eligible to receive a grant or contract,
      or participate in a cooperative agreement, under subsection (a)
      of this section unless - 
          (A) the entity submits a proposal to the Secretary at such
        time, in such manner, and accompanied by such information as
        the Secretary may reasonably require; and
          (B) the proposal has been evaluated by a competitive review
        panel under paragraph (3).
      (2) Competitive review panels
        (A) Composition
          A competitive review panel shall be chaired by the Secretary
        or by the Secretary's designee and shall be composed of members
        who meet the following criteria:
          (i) Appointment
            The members shall be appointed by the Secretary.
          (ii) Experience
            Not less than 50 percent of the members shall represent or
          be employed by private marine resource companies that are
          involved in exploration of the marine environment or
          development of marine mineral resources.
          (iii) Interest
            None of the members may have an interest in a grant,
          contract, or cooperative agreement being evaluated by the
          panel.
        (B) No compensation
          A review panel member who is not otherwise a Federal employee
        shall receive no compensation for performing duties under this
        section, except that, while engaged in the performance of
        duties away from the home or regular place of business of the
        member, the member may be allowed travel expenses, including
        per diem in lieu of subsistence, in the same manner as a person
        employed intermittently in the Government service under section
        5703 of title 5.
      (3) Evaluation
        A competitive review panel shall base an evaluation of a
      proposal on criteria developed by the Secretary that shall
      include - 
          (A) the merits of the proposal;
          (B) the research methodology and costs of the proposal;
          (C) the capability of the entity submitting the proposal and
        any other participating entity to perform the proposed work and
        provide in-kind contributions;
          (D) the amount of matching funds provided by the entity
        submitting the proposal or provided by other Federal, State, or
        private entities;
          (E) the extent of collaboration with other Federal, State, or
        private entities;
          (F) in the case of a noncommercial entity, the existence of a
        cooperative agreement with a commercial entity that provides
        for collaboration in the proposed research;
          (G) whether the proposal promotes responsible environmental
        stewardship; and
          (H) such other factors as the Secretary considers
        appropriate.
    (c) Limitations
      (1) Administrative expenses
        Not more than 10 percent of the amount made available to carry
      out this section during a fiscal year may be used by the
      Secretary for expenses associated with administration of the
      program authorized by this section.
      (2) Construction costs
        None of the funds made available under this section may be used
      for the construction of a new building or the acquisition,
      expansion, remodeling, or alteration of an existing building
      (including site grading and improvement and architect fees).
    (d) Reports
      An eligible entity that receives a grant or contract or enters
    into a cooperative agreement under this section shall submit an
    annual progress report and a final technical report to the
    Secretary that - 
        (1) describes project activities, implications of the project,
      the significance of the project to marine mineral research,
      identification, assessment, and exploration, and potential
      commercial and economic benefits and effects of the project; and
        (2) in the case of an annual progress report, includes a
      project plan for the subsequent year.

-SOURCE-
    (Pub. L. 91-631, title II, Sec. 203, as added Pub. L. 104-325, Sec.
    2(3), Oct. 19, 1996, 110 Stat. 3995.)

-COD-
                               CODIFICATION                           
      October 19, 1996, referred to in subsec. (a)(2)(C), was in the
    original "the date of enactment of this Act", which was translated
    as meaning the date of enactment of Pub. L. 104-135, which enacted
    this chapter, to reflect the probable intent of Congress.

-End-



-CITE-
    30 USC Sec. 1904                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH

-HEAD-
    Sec. 1904. Marine mineral research centers

-STATUTE-
    (a) In general
      No later than 90 days after October 19, 1996, the Secretary shall
    designate 3 centers for marine mineral research and related
    activities.
    (b) Concentration
      One center shall concentrate primarily on research in the
    continental shelf regions of the United States, 1 center shall
    concentrate primarily on research in deep seabed and near-shore
    environments of islands, and 1 center shall concentrate primarily
    on research in arctic and cold water regions.
    (c) Criteria
      In designating a center under this section, the Secretary shall
    give priority to a university that - 
        (1) administers a federally funded center for marine minerals
      research;
        (2) matriculates students for advanced degrees in marine
      geological sciences, nonenergy natural resources, and related
      fields of science and engineering;
        (3) is a United States university with established programs and
      facilities that primarily focus on marine mineral resources;
        (4) has engaged in collaboration and cooperation with industry,
      governmental agencies, and other universities in the field of
      marine mineral resources;
        (5) has demonstrated significant engineering, development, and
      design experience in two or more of the following areas; (!1)

          (A) seabed exploration systems;
          (B) marine mining systems; and
          (C) marine mineral processing systems; and

        (6) has been designated by the Secretary as a State Mining and
      Mineral Resources Research Institute.
    (d) Center activities
      A center shall - 
        (1) provide technical assistance to the Secretary concerning
      marine mineral resources;
        (2) advise the Secretary on pertinent international activities
      in marine mineral resources development;
        (3) engage in research, training, and education transfer
      associated with the characterization and utilization of marine
      mineral resources; and
        (4) promote the efficient identification, assessment,
      exploration, and management of marine mineral resources in an
      environmentally sound manner.
    (e) Allocation of funds
      In distributing funds to the centers designated under subsection
    (a) of this section, the Secretary shall, to the extent
    practicable, allocate an equal amount to each center.
    (f) Limitations
      (1) Administrative expenses
        Not more than 5 percent of the amount made available to carry
      out this section during a fiscal year may be used by the
      Secretary for expenses associated with administration of the
      program authorized by this section.
      (2) Construction costs
        None of the funds made available under this section may be used
      for the construction of a new building or the acquisition,
      expansion, remodeling, or alteration of an existing building
      (including site grading and improvement and architect fees).

-SOURCE-
    (Pub. L. 91-631, title II, Sec. 204, as added Pub. L. 104-325, Sec.
    2(3), Oct. 19, 1996, 110 Stat. 3998.)

-FOOTNOTE-               

    (!1) So in original. The semicolon probably should be a colon.


-End-



-CITE-
    30 USC Sec. 1905                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH

-HEAD-
    Sec. 1905. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated such sums as are necessary
    to carry out this chapter.

-SOURCE-
    (Pub. L. 91-631, title II, Sec. 205, as added Pub. L. 104-325, Sec.
    2(3), Oct. 19, 1996, 110 Stat. 3999.)

-End-


-CITE-
    30 USC CHAPTER 32 - METHANE HYDRATE RESEARCH AND
           DEVELOPMENT                                     01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 32 - METHANE HYDRATE RESEARCH AND DEVELOPMENT

-HEAD-
           CHAPTER 32 - METHANE HYDRATE RESEARCH AND DEVELOPMENT       

-MISC1-
    Sec.                                                     
    2001.       Findings.                                             
    2002.       Definitions.                                          
    2003.       Methane hydrate research and development program.     
    2004.       National Research Council study.                      
    2005.       Reports and studies for Congress.                     
    2006.       Authorization of appropriations.                      

-COD-
                               CODIFICATION                           
      This chapter is comprised of Pub. L. 106-193, as amended
    generally by Pub. L. 109-58, title IX, Sec. 968(a), Aug. 8, 2005,
    119 Stat. 894, known as the Methane Hydrate Research and
    Development Act of 2000, which was formerly set out as a note under
    section 1902 of this title.

-End-



-CITE-
    30 USC Sec. 2001                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 32 - METHANE HYDRATE RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2001. Findings

-STATUTE-
      Congress finds that - 
        (1) in order to promote energy independence and meet the
      increasing demand for energy, the United States will require a
      diversified portfolio of substantially increased quantities of
      electricity, natural gas, and transportation fuels;
        (2) according to the report submitted to Congress by the
      National Research Council entitled "Charting the Future of
      Methane Hydrate Research in the United States", the total United
      States resources of gas hydrates have been estimated to be on the
      order of 200,000 trillion cubic feet;
        (3) according to the report of the National Commission on
      Energy Policy entitled "Ending the Energy Stalemate - A
      Bipartisan Strategy to Meet America's Energy Challenge", and
      dated December 2004, the United States may be endowed with over
      one-fourth of the methane hydrate deposits in the world;
        (4) according to the Energy Information Administration, a
      shortfall in natural gas supply from conventional and
      unconventional sources is expected to occur in or about 2020; and
        (5) the National Academy of Sciences states that methane
      hydrate may have the potential to alleviate the projected
      shortfall in the natural gas supply.

-SOURCE-
    (Pub. L. 106-193, Sec. 2, as added Pub. L. 109-58, title IX, Sec.
    968(a), Aug. 8, 2005, 119 Stat. 894.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2 of Pub. L. 106-193 was set out in a note under
    section 1902 of this title prior to the general amendment of Pub.
    L. 106-193 by Pub. L. 109-58.

                                SHORT TITLE                            
      Pub. L. 106-193, Sec. 1, as added by Pub. L. 109-58, title IX,
    Sec. 968(a), Aug. 8, 2005, 119 Stat. 894, provided that: "This Act
    [enacting this chapter] may be cited as the 'Methane Hydrate
    Research and Development Act of 2000'."

                             RECLASSIFICATION                         
      Pub. L. 109-58, title IX, Sec. 968(b), Aug. 8, 2005, 119 Stat.
    898, provided that: "The Law Revision Counsel shall reclassify the
    Methane Hydrate Research and Development Act of 2000 (30 U.S.C.
    1902 note; Public Law 106-193) to a new chapter at the end of title
    30, United States Code."

-End-



-CITE-
    30 USC Sec. 2002                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 32 - METHANE HYDRATE RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2002. Definitions

-STATUTE-
      In this chapter:
      (1) Contract
        The term "contract" means a procurement contract within the
      meaning of section 6303 of title 31.
      (2) Cooperative agreement
        The term "cooperative agreement" means a cooperative agreement
      within the meaning of section 6305 of title 31.
      (3) Director
        The term "Director" means the Director of the National Science
      Foundation.
      (4) Grant
        The term "grant" means a grant awarded under a grant agreement
      (within the meaning of section 6304 of title 31).
      (5) Industrial enterprise
        The term "industrial enterprise" means a private,
      nongovernmental enterprise that has an expertise or capability
      that relates to methane hydrate research and development.
      (6) Institution of higher education
        The term "institution of higher education" means an institution
      of higher education (as defined in section 1002 of title 20).
      (7) Secretary
        The term "Secretary" means the Secretary of Energy, acting
      through the Assistant Secretary for Fossil Energy.
      (8) Secretary of Commerce
        The term "Secretary of Commerce" means the Secretary of
      Commerce, acting through the Administrator of the National
      Oceanic and Atmospheric Administration.
      (9) Secretary of Defense
        The term "Secretary of Defense" means the Secretary of Defense,
      acting through the Secretary of the Navy.
      (10) Secretary of the Interior
        The term "Secretary of the Interior" means the Secretary of the
      Interior, acting through the Director of the United States
      Geological Survey, the Director of the Bureau of Land Management,
      and the Director of the Minerals Management Service.

-SOURCE-
    (Pub. L. 106-193, Sec. 3, as added Pub. L. 109-58, title IX, Sec.
    968(a), Aug. 8, 2005, 119 Stat. 895.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3 of Pub. L. 106-193 was set out in a note under
    section 1902 of this title prior to the general amendment of Pub.
    L. 106-193 by Pub. L. 109-58.

-End-



-CITE-
    30 USC Sec. 2003                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 32 - METHANE HYDRATE RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2003. Methane hydrate research and development program

-STATUTE-
    (a) In general
      (1) Commencement of program
        Not later than 90 days after August 8, 2005, the Secretary, in
      consultation with the Secretary of Commerce, the Secretary of
      Defense, the Secretary of the Interior, and the Director, shall
      commence a program of methane hydrate research and development in
      accordance with this section.
      (2) Designations
        The Secretary, the Secretary of Commerce, the Secretary of
      Defense, the Secretary of the Interior, and the Director shall
      designate individuals to carry out this section.
      (3) Coordination
        The individual designated by the Secretary shall coordinate all
      activities within the Department of Energy relating to methane
      hydrate research and development.
      (4) Meetings
        The individuals designated under paragraph (2) shall meet not
      later than 180 days after August 8, 2005, and not less frequently
      than every 180 days thereafter to - 
          (A) review the progress of the program under paragraph (1);
        and
          (B) coordinate interagency research and partnership efforts
        in carrying out the program.
    (b) Grants, contracts, cooperative agreements, interagency funds
      transfer agreements, and field work proposals
      (1) Assistance and coordination
        In carrying out the program of methane hydrate research and
      development authorized by this section, the Secretary may award
      grants to, or enter into contracts or cooperative agreements
      with, institutions of higher education, oceanographic
      institutions, and industrial enterprises to - 
          (A) conduct basic and applied research to identify, explore,
        assess, and develop methane hydrate as a commercially viable
        source of energy;
          (B) identify methane hydrate resources through remote
        sensing;
          (C) acquire and reprocess seismic data suitable for
        characterizing methane hydrate accumulations;
          (D) assist in developing technologies required for efficient
        and environmentally sound development of methane hydrate
        resources;
          (E) promote education and training in methane hydrate
        resource research and resource development through fellowships
        or other means for graduate education and training;
          (F) conduct basic and applied research to assess and mitigate
        the environmental impact of hydrate degassing (including both
        natural degassing and degassing associated with commercial
        development);
          (G) develop technologies to reduce the risks of drilling
        through methane hydrates; and
          (H) conduct exploratory drilling, well testing, and
        production testing operations on permafrost and non-permafrost
        gas hydrates in support of the activities authorized by this
        paragraph, including drilling of one or more full-scale
        production test wells.
      (2) Competitive peer review
        Funds made available under paragraph (1) shall be made
      available based on a competitive process using external
      scientific peer review of proposed research.
    (c) Methane hydrates advisory panel
      (1) In general
        The Secretary shall establish an advisory panel (including the
      hiring of appropriate staff) consisting of representatives of
      industrial enterprises, institutions of higher education,
      oceanographic institutions, State agencies, and environmental
      organizations with knowledge and expertise in the natural gas
      hydrates field, to - 
          (A) assist in developing recommendations and broad
        programmatic priorities for the methane hydrate research and
        development program carried out under subsection (a)(1);
          (B) provide scientific oversight for the methane hydrates
        program, including assessing progress toward program goals,
        evaluating program balance, and providing recommendations to
        enhance the quality of the program over time; and
          (C) not later than 2 years after August 8, 2005, and at such
        later dates as the panel considers advisable, submit to
        Congress - 
            (i) an assessment of the methane hydrate research program;
          and
            (ii) an assessment of the 5-year research plan of the
          Department of Energy.
      (2) Conflicts of interest
        In appointing each member of the advisory panel established
      under paragraph (1), the Secretary shall ensure, to the maximum
      extent practicable, that the appointment of the member does not
      pose a conflict of interest with respect to the duties of the
      member under this chapter.
      (3) Meetings
        The advisory panel shall - 
          (A) hold the initial meeting of the advisory panel not later
        than 180 days after the date of establishment of the advisory
        panel; and
          (B) meet biennially thereafter.
      (4) Coordination
        The advisory panel shall coordinate activities of the advisory
      panel with program managers of the Department of Energy at
      appropriate National Laboratories.
    (d) Construction costs
      None of the funds made available to carry out this section may be
    used for the construction of a new building or the acquisition,
    expansion, remodeling, or alteration of an existing building
    (including site grading and improvement and architect fees).
    (e) Responsibilities of the Secretary
      In carrying out subsection (b)(1), the Secretary shall - 
        (1) facilitate and develop partnerships among government,
      industrial enterprises, and institutions of higher education to
      research, identify, assess, and explore methane hydrate
      resources;
        (2) undertake programs to develop basic information necessary
      for promoting long-term interest in methane hydrate resources as
      an energy source;
        (3) ensure that the data and information developed through the
      program are accessible and widely disseminated as needed and
      appropriate;
        (4) promote cooperation among agencies that are developing
      technologies that may hold promise for methane hydrate resource
      development;
        (5) report annually to Congress on the results of actions taken
      to carry out this chapter; and
        (6) ensure, to the maximum extent practicable, greater
      participation by the Department of Energy in international
      cooperative efforts.

-SOURCE-
    (Pub. L. 106-193, Sec. 4, as added Pub. L. 109-58, title IX, Sec.
    968(a), Aug. 8, 2005, 119 Stat. 895.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 4 of Pub. L. 106-193 was set out in a note under
    section 1902 of this title prior to the general amendment of Pub.
    L. 106-193 by Pub. L. 109-58.

-End-



-CITE-
    30 USC Sec. 2004                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 32 - METHANE HYDRATE RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2004. National Research Council study

-STATUTE-
    (a) Agreement for Study
      The Secretary shall offer to enter into an agreement with the
    National Research Council under which the National Research Council
    shall - 
        (1) conduct a study of the progress made under the methane
      hydrate research and development program implemented under this
      chapter; and
        (2) make recommendations for future methane hydrate research
      and development needs.
    (b) Report
      Not later than September 30, 2009, the Secretary shall submit to
    Congress a report containing the findings and recommendations of
    the National Research Council under this section.

-SOURCE-
    (Pub. L. 106-193, Sec. 5, as added Pub. L. 109-58, title IX, Sec.
    968(a), Aug. 8, 2005, 119 Stat. 898.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 5 of Pub. L. 106-193 was set out in a note under
    section 1902 of this title prior to the general amendment of Pub.
    L. 106-193 by Pub. L. 109-58.

-End-



-CITE-
    30 USC Sec. 2005                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 32 - METHANE HYDRATE RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2005. Reports and studies for Congress

-STATUTE-
      The Secretary shall provide to the Committee on Science of the
    House of Representatives and the Committee on Energy and Natural
    Resources of the Senate copies of any report or study that the
    Department of Energy prepares at the direction of any committee of
    Congress relating to the methane hydrate research and development
    program implemented under this chapter.

-SOURCE-
    (Pub. L. 106-193, Sec. 6, as added Pub. L. 109-58, title IX, Sec.
    968(a), Aug. 8, 2005, 119 Stat. 898.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 6 of Pub. L. 106-193 was set out in a note under
    section 1902 of this title prior to the general amendment of Pub.
    L. 106-193 by Pub. L. 109-58.

-End-



-CITE-
    30 USC Sec. 2006                                            01/03/2007

-EXPCITE-
    TITLE 30 - MINERAL LANDS AND MINING
    CHAPTER 32 - METHANE HYDRATE RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2006. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Secretary to carry
    out this chapter, to remain available until expended - 
        (1) $15,000,000 for fiscal year 2006;
        (2) $20,000,000 for fiscal year 2007;
        (3) $30,000,000 for fiscal year 2008;
        (4) $40,000,000 for fiscal year 2009; and
        (5) $50,000,000 for fiscal year 2010.

-SOURCE-
    (Pub. L. 106-193, Sec. 7, as added Pub. L. 109-58, title IX, Sec.
    968(a), Aug. 8, 2005, 119 Stat. 898.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 7 of Pub. L. 106-193 was set out in a note under
    section 1902 of this title prior to the general amendment of Pub.
    L. 106-193 by Pub. L. 109-58.

-End-