Title 30 USCTitle 30 Online@118-34not31 no OLRC 2023-12-19T11:28:34 USCConverter 1.7.2  Title 30 MINERAL LANDS AND MINING Current through 118-34not31    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 Coal Mine Safety [Repealed] 451  11.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 Mineral Development of Lands Withdrawn for Power Development 621  17.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 Metal and Nonmetallic Mine Safety [Repealed] 721  22.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 Geothermal Energy Research, Development, and Demonstration [Repealed] 1101  25.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 National Critical Materials Council [Repealed] 1801  31. Marine Mineral Resources Research 1901  32. Methane Hydrate Research and Development 2001 CHAPTER 1 UNITED STATES BUREAU OF MINES    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 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.  1. United States Bureau of Mines; establishment; director; experts and other employees  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. ( May 16, 1910, ch. 240,  1 36 Stat. 369 Feb. 25, 1913, ch. 72,  1 37 Stat. 681 June 4, 1925 Feb. 22, 1934 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted in text for Bureau of Mines pursuant to section 10(b) of Pub. L. 102285 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172 The Bureau of Mines established by the Act of May 16, 1910 30 U.S.C. 1 May 18, 1992  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. 10499, title I,  123 Jan. 26, 1996 110 Stat. 32 Pub. L. 104134, title I,  101(c) [title I] Pub. L. 104134, title I,  101(c) [title I] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 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 Provided further Provided further Pub. L. 104134, title I,  101(c) Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Provided further Apr. 26, 1996 Provided further [ Pub. L. 104208, div. A, title I,  101(e) [title II] Sept. 30, 1996 110 Stat. 3009233 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 104134 section 1531 of title 31 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. 97257 96 Stat. 841 section 7152 of Title 42 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. 9591 Aug. 4, 1977 91 Stat. 565 section 7152(d) of Title 42 Executive Documents  Transfer of Functions 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,  1, 2, eff. May 24, 1950 64 Stat. 1262 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.  1a. Transfer of activities, employees, records, etc., from Bureau of Foreign and Domestic Commerce to the United States Bureau of Mines  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. ( May 9, 1935, ch. 101,  1 49 Stat. 205 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted in text for Bureau of Mines pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title  2. Performance of duties in absence of director  On and after July 1, 1916 ( July 1, 1916, ch. 209,  1 39 Stat. 303 June 4, 1925 Feb. 22, 1934 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted in text for Bureau of Mines pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title  3. Duties of United States Bureau of Mines  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. ( May 16, 1910, ch. 240,  2 36 Stat. 370 Feb. 25, 1913, ch. 72,  2 37 Stat. 681 June 4, 1925 Feb. 22, 1934 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted in text for Bureau of Mines pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title  4. Investigation of lignite coal and peat  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 chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41 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. ( Feb. 25, 1919, ch. 23 40 Stat. 1154 June 4, 1925 Feb. 22, 1934 Oct. 31, 1951, ch. 654,  2(18) 65 Stat. 707 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Editorial Notes Codification In text, chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41 substituted for the Federal Property and Administrative Services Act of 1949, as amended on authority of Pub. L. 107217,  5(c) Aug. 21, 2002 116 Stat. 1303 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854 First sentence of this section is from first clause of section 1 of act Feb. 25, 1919 Amendments 1951Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted in text for Bureau of Mines pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title  4a. Omitted  Editorial Notes Codification Section, act June 25, 1926, ch. 674,  1 44 Stat. 768 June 30, 1927  4b. Cooperation with individuals, municipalities, etc.; contracts with owners; agreements as to prices  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 Provided further Provided further ( June 25, 1926, ch. 674,  2 44 Stat. 768 Mar. 3, 1927, ch. 356 44 Stat. 1388  Editorial Notes Amendments 1927Act Mar. 3, 1927  4c. Investigation of sub-bituminous and lignite coal  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. ( May 15, 1936, ch. 397,  1 49 Stat. 1275 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted in text for Bureau of Mines pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title  4d. Plants, machinery, and equipment  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 ( May 15, 1936, ch. 397,  2 49 Stat. 1275 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted in text for Bureau of Mines pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title  4e. Omitted  Editorial Notes Codification Section, act May 15, 1936, ch. 397,  3 49 Stat. 1275 June 30, 1939  4f to 4o. Transferred  Editorial Notes Codification Sections 4f to 4 o Pub. L. 91173, title V,  509 Dec. 30, 1969 83 Stat. 803  5. Reports of investigations  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. ( May 16, 1910, ch. 240,  3 36 Stat. 370 Feb. 25, 1913, ch. 72,  3 37 Stat. 681 June 4, 1925 Feb. 22, 1934 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted in text for Bureau of Mines pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title  6. Personal interest of director and members of Bureau in mines  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. ( May 16, 1910, ch. 240,  4 36 Stat. 370 Feb. 25, 1913, ch. 72,  4 37 Stat. 682 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted in text for Bureau of Mines pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title  7. Fees for tests or investigations  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. ( May 16, 1910, ch. 240,  5 36 Stat. 370 Feb. 25, 1913, ch. 72,  5 37 Stat. 682 June 30, 1932, ch. 314 47 Stat. 410 June 4, 1935 Feb. 22, 1934 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Editorial Notes Amendments 1932Act June 30, 1932 Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted in text for Bureau of Mines pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title Effective Date of 1932 Amendment Amendment by act June 30, 1932 July 1, 1932 act June 30, 1932, ch. 314 47 Stat. 411  8. Additional mining experiment stations and mine safety stations authorized  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 ( Mar. 3, 1915, ch. 95,  1 38 Stat. 959 June 4, 1925 Feb. 22, 1934 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted in text for Bureau of Mines pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  9. Acceptance of lands from States  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 ( Mar. 3, 1915, ch. 95,  2 38 Stat. 959 Feb. 22, 1934  Statutory Notes and Related Subsidiaries  Transfer of Functions See note set out under section 1 of this title  10. Headquarters of mine rescue cars; site for experimental work; leases and donations  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. ( June 5, 1920, ch. 235,  1 41 Stat. 912 Feb. 22, 1934  Statutory Notes and Related Subsidiaries  Transfer of Functions See note set out under section 1 of this title  11. Omitted  Editorial Notes Codification Section, act May 9, 1938, ch. 187,  1 52 Stat. 329  12. Repealed. Oct. 25, 1951, ch. 562,  1(16) 65 Stat. 638   Section, act Aug. 13, 1946, ch. 961 60 Stat. 1057  13. Research laboratory for utilization of anthracite coal; establishment and maintenance  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. ( Dec. 18, 1942, ch. 764,  1 56 Stat. 1056  Statutory Notes and Related Subsidiaries  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 Authorization of Appropriations Act Dec. 18, 1942, ch. 764,  5 56 Stat. 1057 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.  14. Acquisition of land; cooperation with other agencies  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. ( Dec. 18, 1942, ch. 764,  2 56 Stat. 1057  Statutory Notes and Related Subsidiaries  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  15. Repealed. Pub. L. 86533,  1(17) June 29, 1960 74 Stat. 248   Section, act Dec. 18, 1942, ch. 764,  3 56 Stat. 1057  16. Research laboratory for utilization of anthracite coal; establishment of advisory committee; composition; functions; appointment  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. ( Dec. 18, 1942, ch. 764,  4 56 Stat. 1057  Statutory Notes and Related Subsidiaries  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 Termination of Advisory Committees Advisory committees in existence on Jan. 5, 1973 Jan. 5, 1973 Jan. 5, 1973 section 1013 of Title 5 CHAPTER 2 MINERAL LANDS AND REGULATIONS IN GENERAL    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-owners succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure.  281. Inclusion of certain surveys in labor requirements of mining claims; conditions and restrictions.  282. 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.  28l. Collection of mining law administration fees.  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 claimants 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.  21. Mineral lands reserved  In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. (R.S.  2318.)  Editorial Notes Codification R.S.  2318 derived from act July 4, 1866, ch. 166,  5 14 Stat. 86  21a. National mining and minerals policy; minerals defined; execution of policy under other authorized programs  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. ( Pub. L. 91631, title I,  101 Dec. 31, 1970 84 Stat. 1876 Pub. L. 10466, title I,  1081(b) Dec. 21, 1995 109 Stat. 721 Pub. L. 104325,  2(1) Oct. 19, 1996 110 Stat. 3994  Editorial Notes Amendments 1995 Pub. L. 10466 Statutory Notes and Related Subsidiaries Short Title Pub. L. 91631,  1 Dec. 31, 1970 84 Stat. 1876 That this Act [enacting this section] may be cited as the Mining and Minerals Policy Act of 1970.  22. Lands open to purchase by citizens  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. (R.S.  2319.)  Editorial Notes Codification R.S.  2319 derived from act May 10, 1872, ch. 152,  1 17 Stat. 91 Words Except as otherwise provided, were editorially supplied on authority of act Feb. 25, 1920, ch. 85 41 Stat. 437 Statutory Notes and Related Subsidiaries 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  23. Length of claims on veins or lodes  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 (R.S.  2320.)  Editorial Notes Codification R.S.  2320 derived from act May 10, 1872, ch. 152,  2 17 Stat. 91  24. Proof of citizenship  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 (R.S.  2321.)  Editorial Notes  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 Codification R.S.  2321 derived from act May 10, 1872, ch. 152,  7 17 Stat. 94  25. Affidavit of citizenship  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. ( Apr. 26, 1882, ch. 106,  2 22 Stat. 49  26. Locators rights of possession and enjoyment  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. (R.S.  2322.)  Editorial Notes Codification R.S.  2322 derived from act May 10, 1872, ch. 152,  3 17 Stat. 91  27. Mining tunnels; right to possession of veins on line with; abandonment of right  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. (R.S.  2323.)  Editorial Notes Codification R.S.  2323 derived from act May 10, 1872, ch. 152,  4 17 Stat. 92 Short Title This section is popularly known as the Tunnel Site Act.  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-owners succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure  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 section 28f of this title May 10, 1872 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 December 31, 1921 July 1, 1922 (R.S.  2324; Feb. 11, 1875, ch. 41 18 Stat. 315 Jan. 22, 1880, ch. 9,  2 21 Stat. 61 Aug. 24, 1921, ch. 84 42 Stat. 186 Pub. L. 85736,  1 Aug. 23, 1958 72 Stat. 829 Pub. L. 10366, title X,  10105(b) Aug. 10, 1993 107 Stat. 406 Pub. L. 110161, div. F, title I Dec. 26, 2007 121 Stat. 2101  Editorial Notes Codification R.S.  2324 derived from act May 10, 1872, ch. 152,  5 17 Stat. 92 Pub. L. 110161 section 28 of title 30 Amendments 2007 Pub. L. 110161 1993 Pub. L. 10366 section 28f of this title 1958 Pub. L. 85736 Statutory Notes and Related Subsidiaries Assessment Work Years, 195758 and 195859 Pub. L. 85736,  2 Aug. 23, 1958 72 Stat. 829 Sept. 1, 1959 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  281. Inclusion of certain surveys in labor requirements of mining claims; conditions and restrictions  The term labor, as used in the third sentence of section 28 of this title ( Pub. L. 85876,  1 Sept. 2, 1958 72 Stat. 1701  282. Definitions As used in section 281 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. ( Pub. L. 85876,  2 Sept. 2, 1958 72 Stat. 1701  28a. Omitted  Editorial Notes Codification Section, act June 29, 1950, ch. 404 64 Stat. 275 July 1, 1949 Oct. 1, 1950 July 1, 1951 July 1, 1950  28b. Annual assessment work on mining claims; temporary deferment; conditions  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 ( June 21, 1949, ch. 232,  1 63 Stat. 214  28c. Length and termination of deferment  The period for which said deferment may be granted shall end when the conditions justifying deferment have been removed: Provided Provided further ( June 21, 1949, ch. 232,  2 63 Stat. 215  28d. Performance of deferred work  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. ( June 21, 1949, ch. 232,  3 63 Stat. 215  28e. Recordation of deferment  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 claimants 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. ( June 21, 1949, ch. 232,  4 63 Stat. 215  28f. Fee (a) Claim maintenance fee (1) Lode mining claims, mill sites, and tunnel sites The holder of each unpatented lode mining claim, mill site, or tunnel site, located pursuant to the mining laws of the United States before, on, or after August 10, 1993 30 U.S.C. 2828e 1 1 (2) Placer mining claims The holder of each unpatented placer mining claim located pursuant to the mining laws of the United States before, on, or after August 10, 1993 30 U.S.C. 28 1 (b) Time of payment The claim main tenance 2 2 section 28g of this title (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 102486 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. 2828e 1 (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 (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. ( Pub. L. 10366, title X,  10101 Aug. 10, 1993 107 Stat. 405 Pub. L. 105240,  116 Sept. 25, 1998 112 Stat. 1570 Pub. L. 105277, div. A,  101(e) [title I] Oct. 21, 1998 112 Stat. 2681231 Pub. L. 10763, title I Nov. 5, 2001 115 Stat. 418 Pub. L. 108108, title I Nov. 10, 2003 117 Stat. 1245 Pub. L. 110161, div. F, title I Dec. 26, 2007 121 Stat. 2101 Pub. L. 1118, div. E, title I Mar. 11, 2009 123 Stat. 704 Pub. L. 11188, div. A, title I Oct. 30, 2009 123 Stat. 2907 Pub. L. 11274, div. E, title IV,  430 Dec. 23, 2011 125 Stat. 1047 Pub. L. 1136, div. F, title IV,  1403 Mar. 26, 2013 127 Stat. 419  Editorial Notes  References in Text The Mining Law of 1872 ( 30 U.S.C. 2828e act May 10, 1872, ch. 152 17 Stat. 91 Codification Pub. L. 11188 section 28f of title 30 section 10101 of Pub. L. 10366 Pub. L. 110161 section 28 of title 30 section 10101 of Pub. L. 10366 Pub. L. 108108 section 28 of title 30 section 10101 of Pub. L. 10366 Pub. L. 10763 section 28f of title 30 section 10101 of Pub. L. 10366 Pub. L. 105277 section 28f of title 30 section 10101 of Pub. L. 10366 Pub. L. 105240 section 28f of title 30 section 10101 of Pub. L. 10366 Amendments 2013Subsec. (a)(1). Pub. L. 1136,  1403(1) August 10, 1993 August 10, 1993 Subsec. (a)(2). Pub. L. 1136,  1403(2) 30 U.S.C. 28 2011Subsec. (a)(1). Pub. L. 11274,  430(1)(A) August 10, 1993 August 10, 1993 Subsec. (a)(2). Pub. L. 11274,  430(1)(B) Subsec. (b). Pub. L. 11274,  430(2) 2009Subsec. (a). Pub. L. 11188 Pub. L. 1118 Pub. L. 110161 2007Subsec. (a). Pub. L. 110161 2003Subsec. (a). Pub. L. 108108 2001Subsec. (a). Pub. L. 10763 August 10, 1993 August 10, 1993 1998Subsec. (a). Pub. L. 105277 October 1, 1998 September 1, 1999 Pub. L. 105240 October 1, 1998 September 1, 1999 August 10, 1993 Subsec. (d)(3). Pub. L. 105277 Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1378  28g. Location fee  Notwithstanding any other provision of law, for every unpatented mining claim, mill or tunnel site located after August 10, 1993 section 28f of this title ( Pub. L. 10366, title X,  10102 Aug. 10, 1993 107 Stat. 406 Pub. L. 105277, div. A,  101(e) [title I] Oct. 21, 1998 112 Stat. 2681231 Pub. L. 10763, title I Nov. 5, 2001 115 Stat. 419 Pub. L. 108108, title I Nov. 10, 2003 117 Stat. 1245 Pub. L. 110161, div. F, title I Dec. 26, 2007 121 Stat. 2101 Pub. L. 1118, div. E, title I Mar. 11, 2009 123 Stat. 704 Pub. L. 11188, div. A, title I Oct. 30, 2009 123 Stat. 2907  Editorial Notes Codification Pub. L. 11188 section 28g of title 30 section 10102 of Pub. L. 10366 Pub. L. 110161 section 28 of title 30 section 10102 of Pub. L. 10366 Pub. L. 108108 section 28 of title 30 section 10102 of Pub. L. 10366 Pub. L. 10763 section 28f(a) of title 30 section 10102 of Pub. L. 10366 Pub. L. 105277 section 28g of title 30 section 10102 of Pub. L. 10366 Amendments 2009 Pub. L. 11188 September 30, 2008 Pub. L. 1118 Pub. L. 110161 September 30, 2008 2007 Pub. L. 110161 September 30, 2008 2003 Pub. L. 108108 2001 Pub. L. 10763 1998 Pub. L. 105277 Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1378  28h. Co-ownership  The co-ownership provisions of the Mining Law of 1872 ( 30 U.S.C. 28 1 1 ( Pub. L. 10366, title X,  10103 Aug. 10, 1993 107 Stat. 406  Editorial Notes  References in Text The Mining Law of 1872 ( 30 U.S.C. 28 act May 10, 1872, ch. 152 17 Stat. 91 This Act, referred to in text, is Pub. L. 10366 Aug. 10, 1993 107 Stat. 312 section 28f of this title Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1378  28i. Failure to pay  Failure to pay the claim maintenance fee or the location fee as required by sections 28f to 28 l ( Pub. L. 10366, title X,  10104 Aug. 10, 1993 107 Stat. 406 Pub. L. 11188, div. A, title I Oct. 30, 2009 123 Stat. 2908  Editorial Notes Codification Pub. L. 11188 section 28i of title 30 section 10104 of Pub. L. 10366 Amendments 2009 Pub. L. 11188 l Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1378  28j. Other requirements (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) 43 U.S.C. 1744(c) (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 (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. ( Pub. L. 10366, title X,  10105 Aug. 10, 1993 107 Stat. 406  Editorial Notes Codification Section is comprised of section 10105 of Pub. L. 10366 section 10105 of Pub. L. 10366 section 28 of this title Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1378  28k. Regulations  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 ( Pub. L. 10366, title X,  10106 Aug. 10, 1993 107 Stat. 407  Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1378  28l. Collection of mining law administration fees  In fiscal year 2009 and each fiscal year thereafter, the Bureau of Land Management shall collect from mining claim holders the mining claim maintenance fees and location fees; such fees shall be collected in the same manner as authorized by sections 28f and 28g of this title only to the extent provided in advance in appropriations Acts. ( Pub. L. 1118, div. E, title I Mar. 11, 2009 123 Stat. 704 Pub. L. 11188, div. A, title I Oct. 30, 2009 123 Stat. 2907  Editorial Notes Amendments 2009 Pub. L. 11188  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 claimants agent for execution of application and affidavits  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 section 661 of title 43 section 661 of title 43 (R.S.  2325; Jan. 22, 1880, ch. 9,  1 21 Stat. 61 Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100  Editorial Notes  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 Codification R.S.  2325 derived from act May 10, 1872, ch. 152,  6 17 Stat. 92 Amendments 1925Act Mar. 3, 1925 Executive Documents  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,  403, eff. July 16, 1946 60 Stat. 1100 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,  403, set out in the Appendix to Title 5. See also Transfer of Functions note set out under section 1 of this title  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  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. (R.S.  2326; Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  2326 derived from act May 10, 1872, ch. 152,  7 17 Stat. 93 Amendments 1925Act Mar. 3, 1925 section 29 of this title Executive Documents  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,  403, eff. July 16, 1946 60 Stat. 1100 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  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,  403, set out in the Appendix to Title 5.  31. Oath: agent or attorney in fact, beyond district of claim  The adverse claim required by section 30 of this title ( Apr. 26, 1882, ch. 106,  1 22 Stat. 49  32. Findings by jury; costs  If, in any action brought pursuant to section 30 of this title ( Mar. 3, 1881, ch. 140 21 Stat. 505  33. Existing rights  All patents for mining claims upon veins or lodes issued prior to May 10, 1872 section 661 of title 43 (R.S.  2328.)  Editorial Notes  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 Codification R.S.  2328 derived from act May 10, 1872, ch. 152,  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  34. Description of vein claims on surveyed and unsurveyed lands; monuments on ground to govern conflicting calls  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. (R.S.  2327; Apr. 28, 1904, ch. 1796 33 Stat. 545 Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  2327 derived from act May 10, 1872, ch. 152,  8 17 Stat. 94 Amendments 1925Act Mar. 3, 1925 Executive Documents  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,  403, eff. July 16, 1946 60 Stat. 1100 See also note set out under section 1 of this title  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  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. (R.S.  2329, 2331; Mar. 3, 1891, ch. 561,  4 26 Stat. 1097  Editorial Notes Codification R.S.  2329 derived from act July 9, 1870, ch. 235,  12 16 Stat. 217 R.S.  2331 derived from act May 10, 1872, ch. 152,  10 17 Stat. 94 Statutory Notes and Related Subsidiaries Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43  36. Subdivisions of 10-acre tracts; maximum of placer locations; homestead claims of agricultural lands; sale of improvements  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. (R.S.  2330; Mar. 3, 1891, ch. 561,  4 26 Stat. 1097  Editorial Notes Codification R.S.  2330 derived from act July 9, 1870, ch. 235,  12 16 Stat. 217 Statutory Notes and Related Subsidiaries Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43  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  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 section 23 of this title (R.S.  2333.)  Editorial Notes  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 Codification R.S.  2333 derived from act May 10, 1872, ch. 152,  11 17 Stat. 94  38. Evidence of possession and work to establish right to patent  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 (R.S.  2332.)  Editorial Notes  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 Codification R.S.  2332 derived from act July 9, 1870, ch. 235,  13 16 Stat. 217 Statutory Notes and Related Subsidiaries Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43  39. Surveyors of mining claims  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 (R.S.  2334; Mar. 3, 1925, ch. 462 43 Stat. 1144 July 16, 1946 60 Stat. 1100  Editorial Notes  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 Codification R.S.  2334 derived from act May 10, 1872, ch. 152,  12 17 Stat. 95 Amendments 1925Act Mar. 3, 1925 section 29 of this title Executive Documents  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,  403, eff. July 16, 1946 60 Stat. 1100 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,  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,  403, set out in the Appendix to Title 5. See also note set out under section 1 of this title  40. Verification of affidavits  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 (R.S.  2335; Mar. 3, 1925, ch. 462 43 Stat. 1145 July 16, 1946 60 Stat. 1100  Editorial Notes  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 Codification R.S.  2335 derived from act May 10, 1872, ch. 152,  13 17 Stat. 95 Amendments 1925Act Mar. 3, 1925 section 29 of this title Executive Documents  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,  403, eff. July 16, 1946 60 Stat. 1100 See also note set out under section 1 of this title  41. Intersecting or crossing veins  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. (R.S.  2336.)  Editorial Notes Codification R.S.  2336 derived from act May 10, 1872, ch. 152,  14 17 Stat. 96  42. Patents for nonmineral lands: application, survey, notice, acreage limitation, payment (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 section 661 of title 43 (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. (R.S.  2337; Pub. L. 86390 Mar. 18, 1960 74 Stat. 7  Editorial Notes  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 Codification R.S.  2337 derived from act May 10, 1872, ch. 152,  15 17 Stat. 96 Amendments 1960 Pub. L. 86390  43. Conditions of sale by local legislature  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. (R.S.  2338.)  Editorial Notes Codification R.S.  2338 derived from act July 26, 1866, ch. 262,  5 14 Stat. 252 Statutory Notes and Related Subsidiaries Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43  44, 45. Omitted  Editorial Notes Codification Section 44, R.S.  2341; act Mar. 3, 1891, ch. 561,  4 26 Stat. 1097 Section 45, R.S.  2342; act Mar. 3, 1891, ch. 561,  4 26 Stat. 1097  46. Additional land districts and officers  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 (R.S.  2343.)  Editorial Notes  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 Codification R.S.  2343 derived from act July 26, 1866, ch. 262,  7 14 Stat. 252 Statutory Notes and Related Subsidiaries Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43 Executive Documents  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 section 301 of Title 3  47. Impairment of rights or interests in certain mining property  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 July 9, 1870 July 25, 1866 (R.S.  2344.)  Editorial Notes  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 Codification R.S.  2344 derived from acts July 9, 1870, ch. 235,  17 16 Stat. 218 May 10, 1872, ch. 152,  16 17 Stat. 96 Statutory Notes and Related Subsidiaries Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43  48. Lands in Michigan, Wisconsin, and Minnesota; sale and disposal as public lands  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 (R.S.  2345; Mar. 3, 1891, ch. 561,  4 26 Stat. 1097 Feb. 25, 1920, ch. 85,  1 41 Stat. 437  Editorial Notes  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 Codification R.S.  2345 derived from act Feb. 18, 1873, ch. 159 17 Stat. 465 Amendments 1920The exception clause has been inserted at beginning of this section because of act Feb. 25, 1920  49. Lands in Missouri and Kansas; disposal as agricultural lands  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. ( May 5, 1876, ch. 91 19 Stat. 52 Feb. 25, 1920, ch. 85,  1 41 Stat. 437  Editorial Notes  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 Amendments 1920The exception clause has been inserted at beginning of this section because of act Feb. 25, 1920  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  The laws of the United States relating to mining claims, mineral locations, and rights incident thereto are extended to the Territory of Alaska: Provided Provided further 1 1 ( June 6, 1900, ch. 786 31 Stat. 329 May 31, 1938, ch. 297 52 Stat. 588 Aug. 8, 1947, ch. 514,  1 61 Stat. 916 Pub. L. 85662 Aug. 14, 1958 72 Stat. 615  Editorial Notes  References in Text Section 687a2 of title 43 Pub. L. 94579, title VII Oct. 21, 1976 90 Stat. 2789 Codification Section was formerly classified to section 381 of Title 48 Amendments 1958 Pub. L. 85662 1947Act Aug. 8, 1947 1938Act May 31, 1938 Statutory Notes and Related Subsidiaries Non-Impairment of Valid Claims and Rights Act Aug. 8, 1947, ch. 514,  2 61 Stat. 916 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 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  49b. Mining laws relating to placer claims extended to Alaska  The general mining laws of the United States so far as they are applicable to placer-mining claims, as prior to May 4, 1934 Provided May 4, 1934 August 1, 1912 37 Stat. 242 March 3, 1925 43 Stat. 1118 ( May 4, 1934, ch. 211,  2 48 Stat. 663  Editorial Notes  References in Text Act August 1, 1912 37 Stat. 242 March 3, 1925 43 Stat. 1118 May 4, 1934 Codification Section was formerly classified to sections 119 and 381a of Title 48, Territories and Insular Possessions. Statutory Notes and Related Subsidiaries Effective Date Act May 4, 1934, ch. 211,  3 48 Stat. 663 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 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  49c. Recording notices of location of Alaskan mining claims  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. ( June 6, 1900, ch. 786 31 Stat. 327  Editorial Notes Codification Section is comprised of the proviso of section 15 of act June 6, 1900 section 382 of Title 48 section 119 of Title 48  49d. Miners regulations for recording notices in Alaska; certain records legalized  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 June 6, 1900 June 6, 1900 ( June 6, 1900, ch. 786 31 Stat. 328  Editorial Notes  References in Text This Act, referred to in text, means act June 6, 1900, ch. 786 31 Stat. 321 Codification Section is comprised of the two provisos of section 16 of act June 6, 1900 section 383 of Title 48 section 120 of Title 48  49e. Annual labor or improvements on Alaskan mining claims; affidavits; burden of proof; forfeitures; location anew of claims; perjury  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. ( Mar. 2, 1907, ch. 2559,  1 34 Stat. 1243  Editorial Notes 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 Section was formerly classified to section 384 of Title 48 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  49f. Fees of recorders in Alaska for filing proofs of work and improvements  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 ( Mar. 2, 1907, ch. 2559,  2 34 Stat. 1243  Editorial Notes Codification Section was formerly classified to section 385 of Title 48 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  50. Grants to States or corporations not to include mineral lands  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. (R.S.  2346.)  Editorial Notes  References in Text The first session of the Thirty-eighth Congress, referred to in text, was begun Dec. 7, 1863 July 4, 1864 13 Stat. 1 Codification R.S.  2346 derived from Res. Jan. 30, 1865 13 Stat. 567  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  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. 1 1 (R.S.  2339.)  Editorial Notes Codification R.S.  2339 derived from act July 26, 1866, ch. 262,  9 14 Stat. 253 Section is also set out as the first par. of section 661 of Title 43 Statutory Notes and Related Subsidiaries Repeal; Savings Provision 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. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of Title 43 Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43  52. Patents or homesteads subject to vested and accrued water rights  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, 1 1 section 51 of this title (R.S.  2340; Mar. 3, 1891, ch. 561,  4 26 Stat. 1097  Editorial Notes Codification R.S.  2340 derived from act July 9, 1870, ch. 235,  17 16 Stat. 218 Section is also set out as the second par. of section 661 of Title 43 Statutory Notes and Related Subsidiaries Repeal; Savings Provision Provision of this section, , or rights to ditches and reservoirs used in connection with such water rights, was repealed by Pub. L. 94579, title VII,  706(a) Oct. 21, 1976 90 Stat. 2793 Oct. 21, 1976 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of Title 43 Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43  53. Possessory actions for recovery of mining titles or for damages to such title  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. (R.S.  910.)  Editorial Notes Codification R.S.  910 derived from act Feb. 27, 1865, ch. 64,  9 13 Stat. 441 Section was formerly classified to section 690 of Title 28 act June 25, 1948, ch. 646,  1 62 Stat. 869  54. Liability for damages to stock raising and homestead entries by mining activities  Notwithstanding the provisions of any Act of Congress to the contrary, any person who on and after June 21, 1949 June 21, 1949 ( June 21, 1949, ch. 232,  5 63 Stat. 215  Statutory Notes and Related Subsidiaries Similar Provisions Provisions similar to this section were contained in act June 17, 1949, ch. 221,  2 63 Stat. 201 CHAPTER 3 LANDS CONTAINING COAL, OIL, GAS, SALTS, ASPHALTIC MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE    SUBCHAPTER ICOAL 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 IICOAL 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 IIIPETROLEUM, 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 IVHOMESTEAD ENTRY OF LANDS IN UTAH, WITHDRAWN OR CLASSIFIED AS OIL LANDS  111 113. Repealed.  SUBCHAPTER VAGRICULTURAL 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 VILOCATION OF PHOSPHATE ROCK LANDS UNDER PLACER-MINING LAWS  131. Omitted.  SUBCHAPTER VIIPERMITS TO PROSPECT FOR CHLORIDES, SULPHATES, CARBONATES, BORATES, SILICATES, OR NITRATES OF POTASSIUM  141 152. Repealed.  SUBCHAPTER VIIIBUILDING 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 IXDISPOSAL OF ALABAMA LANDS AS AGRICULTURAL LANDS  171. Disposal as agricultural lands.  172. Certain Alabama lands subject to homestead entry. SUBCHAPTER I COAL LAND ENTRIES IN GENERAL  71. Entry of unappropriated or unreserved Federal coal lands; eligibility; application; acreage limitation; price per acre  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. (R.S.  2347; Mar. 3, 1925, ch. 462 43 Stat. 1145  Editorial Notes Codification R.S.  2347 derived from act Mar. 3, 1873, ch. 279,  1 17 Stat. 607 Amendments 1925Act Mar. 3, 1925 Executive Documents  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,  403, eff. July 16, 1946 60 Stat. 1100 See also note set out under section 1 of this title 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  72. Preference right of coal mine entry; acreage limitation  Any person or association of persons severally qualified, as provided in section 71 of this title section 71 of this title Provided section 71 of this title (R.S.  2348.)  Editorial Notes Codification R.S.  2348 derived from act Mar. 3, 1873, ch. 279,  2 17 Stat. 607 Executive Documents Indian Lands Excepted See note set out under section 71 of this title  73. Presentation of claims  All claims under section 72 of this title (R.S.  2349.)  Editorial Notes Codification R.S.  2349 derived from act Mar. 3, 1873, ch. 279,  3 17 Stat. 607 Executive Documents  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,  403, eff. July 16, 1946 60 Stat. 1100 See also note set out under section 1 of this title Indian Lands Excepted See note set out under section 71 of this title  74. Number of coal land entries; other entries upon noncompliance with conditions  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 (R.S.  2350.)  Editorial Notes Codification R.S.  2350 derived from act Mar. 3, 1873, ch. 279,  4 17 Stat. 607 Executive Documents Indian Lands Excepted See note set out under section 71 of this title  75. Conflicting claims upon coal lands; rules and regulations  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. (R.S.  2351; 1946 Reorg. Plan No. 3,  403, eff. July 16, 1946 60 Stat. 1100  Editorial Notes Codification R.S.  2351 derived from act Mar. 3, 1873, ch. 279,  5 17 Stat. 608  Transfer of Functi Executive Documentsons 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,  403, set out in the Appendix to Title 5, Government Organization and Employees. See also note set out under section 1 of this title Indian Lands Excepted See note set out under section 71 of this title  76. Reservation of rights upon coal lands; sale of certain mining lands  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. (R.S.  2352.)  Editorial Notes Codification R.S.  2352 derived from act Mar. 3, 1873, ch. 279,  6 17 Stat. 608 Executive Documents Indian Lands Excepted See note set out under section 71 of this title  77. Alabama coal lands; agricultural entry  Unreserved public lands containing coal deposits in the State of Alabama which on April 23, 1912 section 171 of this title ( Apr. 23, 1912, ch. 87 37 Stat. 90 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  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. ( Mar. 3, 1909, ch. 270 35 Stat. 844  Statutory Notes and Related Subsidiaries Protection of Sanctity of Contracts and Leases of Surface Patent Holders With Respect to Coalbed Methane Gas Pub. L. 105367,  1 Nov. 10, 1998 112 Stat. 3313  (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 June 22, 1910 30 U.S.C. 83 (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 (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 June 22, 1910 30 U.S.C. 83 (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 48 Stat. 984 25 U.S.C. 5101 June 28, 1938 52 Stat. 1209 September 14, 1938 section 3 of Public Law 98290 25 U.S.C. 668 (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 Similar provisions were contained in Pub. L. 105277, div. A,  101(e) [title III,  349] Oct. 21, 1998 112 Stat. 2681231 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  82. New or supplemental patents, in case of lands subsequently classified as noncoal  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. ( Apr. 14, 1914, ch. 55 38 Stat. 335  83. Homestead or desert-land and other entries  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 section 218 of title 43 June 22, 1910 ( June 22, 1910, ch. 318,  1 36 Stat. 583 June 16, 1955, ch. 145,  1 69 Stat. 138  Editorial Notes  References in Text The Act approved June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of Title 43 Amendments 1955Act June 16, 1955 Statutory Notes and Related Subsidiaries Additional Desert-Land Entry Act June 16, 1955, ch. 145,  3 69 Stat. 138 Pub. L. 85641,  2 Aug. 14, 1958 72 Stat. 596 Any person who, prior to June 16, 1955 June 22, 1910 July 17, 1914 June 28, 1934 48 Stat. 1269 43 U.S.C. 315f Supplemental Provisions Section 90 of this title act Apr. 30, 1912, ch. 99 37 Stat. 105  84. Applications for entry  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 ( June 22, 1910, ch. 318,  2 36 Stat. 584  Editorial Notes  References in Text The Reclamation Act, referred to in text, is act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of Title 43 Statutory Notes and Related Subsidiaries Supplemental Provisions See note set out under section 83 of this title  85. Patents for lands, with reservation of coal; disposal of coal deposits  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. ( June 22, 1910, ch. 318,  3 36 Stat. 584  Statutory Notes and Related Subsidiaries Supplemental Provisions See note set out under section 83 of this title  86. Disposition of lands in Indian reservations with reservation of coal; examination and appraisal of lands  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. ( Feb. 27, 1917, ch. 133,  1 39 Stat. 944  87. Statements in application; patents  Any applicant for lands mentioned in section 86 of this title ( Feb. 27, 1917, ch. 133,  2 39 Stat. 945  88. Disposition of coal by United States  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. ( Feb. 27, 1917, ch. 133,  3 39 Stat. 945  89. Disposition of proceeds  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. ( Feb. 27, 1917, ch. 133,  4 39 Stat. 945  90. Selection of coal lands by States; sale in isolated or disconnected tracts  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. ( Apr. 30, 1912, ch. 99 37 Stat. 105  Statutory Notes and Related Subsidiaries Supplemental Provisions Act Apr. 30, 1912 SUBCHAPTER III PETROLEUM, OTHER MINERAL OIL, OR GAS LAND ENTRIES UNDER MINING LAWS  101. Omitted  Editorial Notes Codification Section, act Feb. 11, 1897, ch. 216 29 Stat. 526 Statutory Notes and Related Subsidiaries Savings Provision Section 193 of this title Feb. 20, 1920  102. Assessment work on contiguous oil lands, located as claims, of same owner  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 ( Feb. 12, 1903, ch. 548 32 Stat. 825  Editorial Notes  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  103. Patents for oil or gas lands not denied because of transfer before discovery of oil or gas; acreage limitation; nonapplication to withdraw lands  In no case shall patent be denied to or for any lands located or claimed prior to March 2, 1911 ( Mar. 2, 1911, ch. 201,  1 36 Stat. 1015  104. Agreements with applicants for patents as to disposition of oil or gas, or proceeds thereof, pending determination of title; Navy Petroleum Fund  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 October 3, 1910 ( Mar. 2, 1911, ch. 201,  2 Aug. 25, 1914, ch. 287 38 Stat. 708 SUBCHAPTER IV HOMESTEAD ENTRY OF LANDS IN UTAH, WITHDRAWN OR CLASSIFIED AS OIL LANDS  111 to 113. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1028   Section 111, act Aug. 24, 1912, ch. 367,  1 37 Stat. 496  Section 112, act Aug. 24, 1912, ch. 367,  2 37 Stat. 496  Section 113, act Aug. 24, 1912, ch. 367,  3 37 Stat. 496  Provisions on entry of lands withdrawn or classified as oil lands are contained in sections 121 to 123 of this title. 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  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. ( July 17, 1914, ch. 142,  1 38 Stat. 509 June 16, 1955, ch. 145,  2 69 Stat. 138  Editorial Notes Amendments 1955Act June 16, 1955 Statutory Notes and Related Subsidiaries 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  122. Patents; reservation in the United States of reserved deposits; acquisition of right to remove deposits; application for entry to disprove classification  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 February 25, 1920 30 U.S.C. 181 ( July 17, 1914, ch. 142,  2 38 Stat. 509 July 20, 1956, ch. 652 70 Stat. 592  Editorial Notes  References in Text The Mineral Leasing Act of February 25, 1920 act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of this title Amendments 1956Act July 20, 1956 Feb. 25, 1920 Statutory Notes and Related Subsidiaries 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  123. Persons locating lands subsequently withdrawn or classified; patents to  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 ( July 17, 1914, ch. 142,  3 38 Stat. 510  Statutory Notes and Related Subsidiaries North Platte Reclamation Project; Entry Prior to July 17, 1914 Patents for lands in North Platte Reclamation Project not to contain reservations of minerals in certain cases, see section 125 of this title  124. Agricultural entry or purchase of lands withdrawn or classified as containing sodium or sulphur  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 30 U.S.C. 181 July 17, 1914 Provided, however ( Mar. 4, 1933, ch. 278 47 Stat. 1570  Editorial Notes  References in Text The General Leasing Act of February 25, 1920 act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of this title The Act of Congress approved July 17, 1914 act July 17, 1914, ch. 142 38 Stat. 509  125. Patents in North Platte Reclamation Project; mineral rights; subrogation  Where reclamation homestead entry was made prior to July 17, 1914 June 17, 1902 32 Stat. 389 ( Apr. 17, 1954, ch. 152 68 Stat. 56  Editorial Notes  References in Text Act of June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of Title 43 SUBCHAPTER VI LOCATION OF PHOSPHATE ROCK LANDS UNDER PLACER-MINING LAWS  131. Omitted  Editorial Notes Codification Section, act Jan. 11, 1915, ch. 9 38 Stat. 792 Jan. 11, 1915 SUBCHAPTER VII PERMITS TO PROSPECT FOR CHLORIDES, SULPHATES, CARBONATES, BORATES, SILICATES, OR NITRATES OF POTASSIUM  141 to 152. Repealed. Feb. 7, 1927, ch. 66,  6 44 Stat. 1058   Section 141, act Oct. 2, 1917, ch. 62,  1 40 Stat. 297  Section 142, act Oct. 2, 1917, ch. 62,  2 40 Stat. 298  Section 143, act Oct. 2, 1917, ch. 62,  3 40 Stat. 298  Section 144, act Oct. 2, 1917, ch. 62,  4 40 Stat. 299  Section 145, act Oct. 2, 1917, ch. 62,  5 40 Stat. 299  Section 146, act Oct. 2, 1917, ch. 62 40 Stat. 299  Section 147, act Oct. 2, 1917, ch. 62,  8 40 Stat. 300  Section 148, act Oct. 2, 1917, ch. 62,  9 40 Stat. 300  Section 149, act Oct. 2, 1917, ch. 62,  10 40 Stat. 300  Section 150, act Oct. 2, 1917, ch. 62,  11 40 Stat. 300  Section 151, act Oct. 2, 1917, ch. 62,  12 40 Stat. 300  Section 152, act Oct. 2, 1917, ch. 62,  13 40 Stat. 300 SUBCHAPTER VIII BUILDING STONE OR SALINE LAND ENTRIES UNDER PLACER-MINING LAWS  161. Entry of building-stone lands; previous law unaffected  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 State shall not be subject to entry under this section. Nothing contained in this section shall be construed to repeal section 471 of title 16 ( Aug. 4, 1892, ch. 375 27 Stat. 348  Editorial Notes  References in Text Section 471 of title 16 Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 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  162. Entry of saline lands; limitation  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. ( Jan. 31, 1901, ch. 186 31 Stat. 745 SUBCHAPTER IX DISPOSAL OF ALABAMA LANDS AS AGRICULTURAL LANDS  171. Disposal as agricultural lands  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 ( Mar. 3, 1883, ch. 118 22 Stat. 487 Feb. 25, 1920, ch. 85,  1 41 Stat. 437  Editorial Notes Codification Section is from act Mar. 3, 1883 Amendments 1920The exception clause was inserted at beginning of this section because of act Feb. 25, 1920 Executive Documents  Transfer of Functions General Land Office abolished and functions transferred to Bureau of Land Management by Reorg. Plan No. 3 of 1946,  403, eff. July 16, 1946 60 Stat. 1100 section 1 of Title 43  172. Certain Alabama lands subject to homestead entry  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 ( Mar. 27, 1906, ch. 1347,  2 34 Stat. 88  Editorial Notes  References in Text Act March 27, 1906 CHAPTER 3A LEASES AND PROSPECTING PERMITS    SUBCHAPTER IGENERAL 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 IICOAL  201. Leases and exploration.  2011 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.  2081. Exploratory program for evaluation of known recoverable coal resources.  2082 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 IIIPHOSPHATES  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 IVOIL AND GAS  221 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.  2261. Extension of noncompetitive oil or gas lease issued before September 2, 1960  2262. Limitations for filing oil and gas contests.  2263. Lands not subject to oil and gas leasing.  226a 226b. Repealed.  226c. Reduction of royalties under existing leases.  226d 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.  230 233. Repealed.  233a. Permits or leases of certain lands in Oklahoma; retention of royalties.  234 236. 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 VOIL SHALE  241. Leases of lands.  242. Oil shale claims.  SUBCHAPTER VIALASKA OIL PROVISO  251. Leases to claimants of withdrawn lands; terms and conditions; acreage; annual rentals and royalties; fraud of claimants.  SUBCHAPTER VIISODIUM  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 VIIISULPHUR  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 IXPOTASH  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. SUBCHAPTER I GENERAL PROVISIONS  181. Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved  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 February 25, 1920 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 November 16, 1981 The term special tar sand area means (1) an area designated by the Secretary of the Interiors orders of November 20, 1980 January 21, 1981 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 ( Feb. 25, 1920, ch. 85,  1 41 Stat. 437 Feb. 7, 1927, ch. 66,  5 44 Stat. 1058 Aug. 8, 1946, ch. 916,  1 60 Stat. 950 Pub. L. 86705,  7(a) Sept. 2, 1960 74 Stat. 790 Pub. L. 9778,  1(1) Nov. 16, 1981 95 Stat. 1070 Pub. L. 1169, title I,  1109 Mar. 12, 2019 133 Stat. 610  Editorial Notes  References in Text The Appalachian Forest Act, referred to in the first undesignated paragraph, is act Mar. 1, 1911, ch. 186 36 Stat. 961 section 552 of Title 16 Amendments 2019 Pub. L. 1169 1981 Pub. L. 9778 1960 Pub. L. 86705 1946Act Aug. 8, 1946 February 25, 1920 1927Act Feb. 7, 1927 Statutory Notes and Related Subsidiaries Short Title of 2000 Amendments Pub. L. 106463,  1 Nov. 7, 2000 114 Stat. 2010 This Act [amending section 184 of this title section 184 of this title Pub. L. 106393, title V,  501 Oct. 30, 2000 114 Stat. 1624 This title [amending section 191 of this title section 191 of this title Short Title of 1987 Amendment Pub. L. 100203, title V,  5101(a) Dec. 22, 1987 101 Stat. 1330256 This subtitle [subtitle B ( 51015113) of Pub. L. 100203 section 3148 of Title 16 section 226 of this title Short Title of 1981 Amendment Pub. L. 9778 Nov. 16, 1981 95 Stat. 1070 Short Title of 1976 Amendment Pub. L. 94377,  1(a) Aug. 4, 1976 90 Stat. 1083 Pub. L. 95554,  8 Oct. 30, 1978 92 Stat. 2075 This Act [enacting sections 202a, 2081, and 2082 of this title, amending sections 184, 191, 201, 203, 207, 209, and 352 of this title, repealing sections 2011 and 204 of this title, and enacting provisions set out as notes under sections 184, 201, 2011, 203, and 204 of this title] may be cited as the Federal Coal Leasing Amendments Act of 1976. Short Title of 1960 Amendment Pub. L. 86705,  1 Sept. 2, 1960 74 Stat. 781 That this Act [amending this section and sections 182, 184, 187a, 226, 2261, 2262, 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,  44 Dec. 22, 1987 Pub. L. 100203, title V,  5113 101 Stat. 1330263 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. 94579 Oct. 21, 1976 90 Stat. 2743 Feb. 25, 1920 section 701(d) of Pub. L. 94579 section 1701 of Title 43 Act Aug. 8, 1946, ch. 916,  15 60 Stat. 950 No repeal or amendment made by this Act [enacting sections 187a, 187b, 226c226e, 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 Construction and Applicability of 1981 Amendments Pub. L. 9778,  1(10) Nov. 16, 1981 95 Stat. 1072  (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 96223 (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. 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. Selection of Lands by Alaska 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. 85508 section 21 of Title 48 Executive Documents Admission of Alaska as State: Selection of Lands Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  182. Lands disposed of with reservation of deposits of coal, etc.  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. ( Feb. 25, 1920, ch. 85,  34 41 Stat. 450 Pub. L. 86705,  7(a) Sept. 2, 1960 74 Stat. 790 Pub. L. 9778,  1(1) Nov. 16, 1981 95 Stat. 1070  Editorial Notes Amendments 1981 Pub. L. 9778 1960 Pub. L. 86705  183. Cancellation of prospecting permits  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. ( Feb. 25, 1920, ch. 85,  26 41 Stat. 448  184. Limitations on leases held, owned or controlled by persons, associations or corporations (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 Provided, further (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 1 Provided, however (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 optionors 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 optionors 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 lessees 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 2 3 3 (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 September 2, 1960 September 2, 1960 (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 (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 (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 (C) the Federal Trade Commission Act ( 15 U.S.C. 41 (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 (E) the Act of June 19, 1936 15 U.S.C. 13 ( Feb. 25, 1920, ch. 85,  27 41 Stat. 448 Apr. 30, 1926, ch. 197 44 Stat. 373 July 3, 1930, ch. 854,  1 46 Stat. 1007 Mar. 4, 1931, ch. 506 46 Stat. 1524 Aug. 8, 1946, ch. 916,  6 60 Stat. 954 June 1, 1948, ch. 365 62 Stat. 285 June 3, 1948, ch. 379,  6 62 Stat. 291 Aug. 2, 1954, ch. 650 68 Stat. 648 Pub. L. 85122 Aug. 13, 1957 71 Stat. 341 Pub. L. 85698 Aug. 21, 1958 72 Stat. 688 Pub. L. 86294,  1 Sept. 21, 1959 73 Stat. 571 Pub. L. 86391,  1(c) Mar. 18, 1960 74 Stat. 8 Pub. L. 86705,  3 Sept. 2, 1960 74 Stat. 785 Pub. L. 88526,  1 Aug. 31, 1964 78 Stat. 710 Pub. L. 88548 Aug. 31, 1964 78 Stat. 754 Pub. L. 94377 Aug. 4, 1976 90 Stat. 1090 Pub. L. 9778,  1(2) Nov. 16, 1981 95 Stat. 1070 Pub. L. 106191,  2 Apr. 28, 2000 114 Stat. 232 Pub. L. 106463,  3 Nov. 7, 2000 114 Stat. 2011 Pub. L. 10958, title III,  352 Aug. 8, 2005 119 Stat. 714  Editorial Notes  References in Text The date of enactment of this section, referred to in subsec. (a), probably means the date of enactment of Pub. L. 94377 Aug. 4, 1976 The Act entitled An Act to protect trade and commerce against unlawful restraints and monopolies, approved July 2, 1890 l act July 2, 1890, ch. 647 26 Stat. 209 section 1 of Title 15 The Act entitled An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes, approved October 15, 1914 l act Oct. 15, 1914, ch. 323 38 Stat. 730 section 12 of Title 15 The Federal Trade Commission Act, referred to in subsec. ( l act Sept. 26, 1914, ch. 311 38 Stat. 717 section 58 of Title 15 Act of June 19, 1936 l act June 19, 1936, ch. 592 49 Stat. 1526 section 13 of Title 15 section 13 of Title 15 Codification In subsec. ( l Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 Amendments 2005Subsec. (d)(1). Pub. L. 10958 2000Subsec. (a). Pub. L. 106463 Subsec. (b)(2). Pub. L. 106191 1981Subsec. (d)(1). Pub. L. 9778,  1(5) Subsec. (k). Pub. L. 9778,  1(2) 1976Subsec. (a)(1). Pub. L. 94377,  11(a) Subsec. (a)(2). Pub. L. 94377,  11(b) Subsec. ( l Pub. L. 94377,  15 l 1964Subsec. (a)(1). Pub. L. 88526 Subsec. (c). Pub. L. 88548 1960 Pub. L. 86705 Pub. L. 86391 1959 Pub. L. 86294 1958 Pub. L. 85698 1957 Pub. L. 85122 1954Act Aug. 2, 1954 1948Act June 1, 1948 August 8, 1950 Act June 3, 1948 1946Act Aug. 8, 1946 1931Act Mar. 4, 1931 1930Act July 3, 1930 1926Act Apr. 30, 1926 Statutory Notes and Related Subsidiaries Effective Date of 1959 Amendment Pub. L. 86294,  2 Sept. 21, 1959 73 Stat. 571 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 Pub. L. 94377,  11(b) Aug. 4, 1976 90 Stat. 1090  Transfer of Functions Functions of Secretary of the Interior, referred to in subsec. ( l section 7152(b) of Title 42 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981 Findings Pub. L. 106463,  2 Nov. 7, 2000 114 Stat. 2010  Congress finds that (1) Federal land contains commercial deposits of coal, the Nations 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 30 U.S.C. 181 (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 mineralsthe advent of modern mine technology, changes in industry economics, greater global competition, and the need to conserve Federal resourcesapply 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. 106191,  1 Apr. 28, 2000 114 Stat. 231  The Congress finds and declares that (1) The Federal lands contain commercial deposits of trona, with the worlds 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 (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 (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. Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  184a. Authorization of States to include in agreements for conservation of oil and gas resources lands acquired from United States  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 ( Jan. 26, 1940, ch. 14 54 Stat. 17  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437  185. Rights-of-way for pipelines through Federal lands (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 (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 heads 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) 42 U.S.C. 4321 (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 (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 (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 applicants 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 (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 terminals 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 November 28, 1995 (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 (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 section 1652 of title 43 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 50 U.S.C. 1601 42 U.S.C. 627176 (4) The Secretary of Commerce shall issue any rules necessary for implementation of the Presidents 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 90190 42 U.S.C. 4321 1 1 Public Law 91190 42 U.S.C. 4332(2)(C) (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) 2 2 Provided (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 Secretarys or agency heads 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. ( Feb. 25, 1920, ch. 85,  28 41 Stat. 449 Aug. 21, 1935, ch. 599,  1 49 Stat. 678 Aug. 12, 1953, ch. 408 67 Stat. 557 Pub. L. 93153, title I,  101 Nov. 16, 1973 87 Stat. 576 Pub. L. 9591, title III Aug. 4, 1977 91 Stat. 578 Pub. L. 9964, title I,  123(b) July 12, 1985 99 Stat. 156 Pub. L. 101475,  1 Oct. 30, 1990 104 Stat. 1102 Pub. L. 103437,  11(a)(1) Nov. 2, 1994 108 Stat. 4589 Pub. L. 10458, title II,  201 Nov. 28, 1995 109 Stat. 560 Pub. L. 10466, title I,  1121(k) Dec. 21, 1995 109 Stat. 724  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (h)(1), is Pub. L. 91190 83 Stat. 852 section 4321 of Title 42 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. 93153 Nov. 16, 1973 The Natural Gas Act, referred to in subsec. (r)(3)(A), is act June 21, 1938, ch. 556 52 Stat. 821 section 717w of Title 15 The International Emergency Economic Powers Act, referred to in subsec. (s)(3), is title II of Pub. L. 95223 Dec. 28, 1977 91 Stat. 1626 section 1701 of Title 50 The National Emergencies Act, referred to in subsec. (s)(3), is Pub. L. 94412 Sept. 14, 1976 90 Stat. 1255 section 1601 of Title 50 The Energy Policy and Conservation Act, referred to in subsec. (s)(3), is Pub. L. 94163 Dec. 22, 1975 89 Stat. 871 section 6201 of Title 42 The Export Administration Act of 1979, referred to in subsec. (u), is Pub. L. 9672 Sept. 29, 1979 93 Stat. 503 Pub. L. 115232, div. A, title XVII,  1766(a) Aug. 13, 2018 132 Stat. 2232 50 U.S.C. 4611 Codification In subsec. (s)(2),  section 50501 of title 46 Pub. L. 109304,  18(c) Oct. 6, 2006 120 Stat. 1709 section 50501 of Title 46 Amendments 1995Subsec. (s). Pub. L. 10458 July 1, 1975 Subsec. (w)(4). Pub. L. 10466 1994Subsec. (w)(1), (2). Pub. L. 103437 1990Subsec. (w)(1). Pub. L. 101475,  1(a) Subsec. (w)(2). Pub. L. 101475,  1(b) 1985Subsec. (u). Pub. L. 9964 December 30, 1969 83 Stat. 841 1973 Pub. L. 93153 1953Act Aug. 12, 1953 1935Act Aug. 21, 1935 Statutory Notes and Related Subsidiaries  Transfer of Functions 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. 9591 Reimbursement of Administrative and Other Costs Pub. L. 105277, div. A,  101(e) [title II] Oct. 21, 1998 112 Stat. 2681231 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 93153 30 U.S.C. 185(1) l Similar provisions were contained in the following prior appropriation acts: Pub. L. 10583, title II Nov. 14, 1997 111 Stat. 1576 Pub. L. 104208, div. A, title I,  101(d) [title II] Sept. 30, 1996 110 Stat. 3009181 Pub. L. 104134, title I,  101(c) [title II] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 103332, title II Sept. 30, 1994 108 Stat. 2524 Pub. L. 103138, title II Nov. 11, 1993 107 Stat. 1403 Pub. L. 102381, title II Oct. 5, 1992 106 Stat. 1401 Pub. L. 102154, title II Nov. 13, 1991 105 Stat. 1017 GAO Report Pub. L. 10458, title II,  202 Nov. 28, 1995 109 Stat. 562 Nov. 28, 1995 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 Executive Documents  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,  102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373 July 1, 1979 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  Exports of Alaskan North Slope (ANS) Crude Oil Memorandum of President of the United States, Apr. 28, 1996 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 43 U.S.C. 1652 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 groups 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 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 Guards Navigation and Inspection Circular No. 1591 as amended, which shall include an annual internal survey of the vessels 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.  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  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. ( Feb. 25, 1920, ch. 85,  29 41 Stat. 449  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  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. ( Feb. 25, 1920, ch. 85,  30 41 Stat. 449 Pub. L. 95554,  5 Oct. 30, 1978 92 Stat. 2074  Editorial Notes Amendments 1978 Pub. L. 95554  187a. Oil or gas leases; partial assignments Notwithstanding anything to the contrary in section 187 of this title Provided, however (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 ( Feb. 25, 1920, ch. 85,  30A Aug. 8, 1946, ch. 916,  7 60 Stat. 955 July 29, 1954, ch. 644,  1(6) 68 Stat. 585 Pub. L. 86705,  6 Sept. 2, 1960 74 Stat. 790 Pub. L. 100203, title V,  5103 Dec. 22, 1987 101 Stat. 1330258  Editorial Notes Amendments 1987 Pub. L. 100203 Provided, however 1960 Pub. L. 86705 Sept. 2, 1960 1954Act July 29, 1954 Statutory Notes and Related Subsidiaries Savings Provision See note set out under section 181 of this title Leases Issued Prior to September 2, 1960 Pub. L. 86705,  6 Sept. 2, 1960 74 Stat. 790 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  187b. Oil or gas leases; written relinquishment of rights; release of obligations  Notwithstanding any provision to the contrary in section 187 of this title ( Feb. 25, 1920, ch. 85,  30B Aug. 8, 1946, ch. 916,  8 60 Stat. 956 Pub. L. 100203, title V,  5103 Dec. 22, 1987 101 Stat. 1330258  Statutory Notes and Related Subsidiaries Savings Provision See note set out under section 181 of this title  188. Failure to comply with provisions of lease (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 section 226 of this title section 226(m) of this title Provided, however Provided May 12, 1970 (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 (d) Additional grounds for reinstatement (1) Where any oil and gas lease issued pursuant to section 226(b) of this title 30 U.S.C. 351 (2) No lease shall be reinstated under paragraph (1) of this subsection unless (A) with respect to any lease that terminated under subsection (b) on or before August 8, 2005 (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) after August 8, 2005 (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 (2) payment of back rentals and the inclusion in a reinstated lease issued pursuant to the provisions of section 226(b) of this title (3) payment of back royalties and the inclusion in a reinstated lease issued pursuant to the provisions of section 226(b) of this title 1 1 Provided (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) Treatment of leases (1) Except as otherwise provided in this section, a reinstated lease shall be treated in the same manner as the original lease issued pursuant to section 226 of this title (2) Notwithstanding any other provision of law, any lease issued pursuant to section 223 of this title (3) Notwithstanding any other provision of law, any lease issued pursuant to section 223 of this title November 15, 1990 (g) Statutory provisions applicable to leases The minimum royalty provisions of section 226(m) of this title section 209 of this title (h) Royalty reduction in reinstated leases In acting on a petition for reinstatement pursuant to subsection (d) 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 lessees 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. (i) 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 2261(d) of this title 2 2 ( Feb. 25, 1920, ch. 85,  31 41 Stat. 450 Aug. 8, 1946, ch. 916,  9 60 Stat. 956 July 29, 1954, ch. 644,  1(7) 68 Stat. 585 Pub. L. 87822,  1 Oct. 15, 1962 76 Stat. 943 Pub. L. 91245 May 12, 1970 84 Stat. 206 Pub. L. 97451, title IV,  401 Jan. 12, 1983 96 Stat. 2462 Pub. L. 100203, title V Dec. 22, 1987 101 Stat. 1330258 Pub. L. 101567,  1 Nov. 15, 1990 104 Stat. 2802 Pub. L. 103437,  11(a)(1) Nov. 2, 1994 108 Stat. 4589 Pub. L. 10958, title III,  371(b) Aug. 8, 2005 119 Stat. 734 Pub. L. 117169, title V,  50262(a)(2) Aug. 16, 2022 136 Stat. 20562058  Editorial Notes  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 section 351 of this title Amendments 2022Subsec. (d)(1). Pub. L. 117169,  50262(e)(2)(A) section 226(b) of this title Subsec. (e)(2). Pub. L. 117169,  50262(e)(2)(B)(i) section 226(c) of this title Pub. L. 117169,  50262(c)(2) Subsec. (e)(3). Pub. L. 117169,  50262(e)(2)(B)(ii) section 226(c) of this title Provided Pub. L. 117169,  50262(a)(2) Subsec. (f). Pub. L. 117169,  50262(e)(2)(F) Subsec. (g). Pub. L. 117169,  50262(e)(2)(G) Subsec. (g)(1). Pub. L. 117169,  50262(e)(2)(C)(i) section 226 of this title Subsec. (g)(2) to (4). Pub. L. 117169,  50262(e)(2)(C)(ii) section 226(c) of this title section 226(c) of this title Subsec. (h). Pub. L. 117169,  50262(e)(2)(G) Pub. L. 117169,  50262(e)(2)(D) Subsec. (i). Pub. L. 117169,  50262(e)(2)(G) Pub. L. 117169,  50262(e)(2)(E) (2) In acting on a petition for reinstatement pursuant to subsection (d) of this section. Subsec. (j). Pub. L. 117169,  50262(e)(2)(G) 2005Subsec. (d)(2)(A), (B). Pub. L. 10958 Jan. 12, 1983 Jan. 12, 1983 1994Subsec. (e). Pub. L. 103437 1990Subsec. (g)(3), (4). Pub. L. 101567 1987Subsec. (b). Pub. L. 100203,  5104 August 21, 1935 section 226 of this title Subsec. (h). Pub. L. 100203,  5102(d)(2) 1983Subsecs. (d) to (j). Pub. L. 97451 1970Subsec. (b). Pub. L. 91245,  1 May 12, 1970 Subsec. (c). Pub. L. 91245,  2 Oct. 15, 1962 Oct. 15, 1962 1962 Pub. L. 87822 1954Act July 29, 1954 1946Act Aug. 8, 1946 Statutory Notes and Related Subsidiaries Savings Provision See note set out under section 181 of this title Reinstatement of Leases Pub. L. 10958, title III,  371(a) Aug. 8, 2005 119 Stat. 734  Notwithstanding section 31(d)(2)(B) of the Mineral Leasing Act ( 30 U.S.C. 188(d)(2)(B) Pub. L. 10958 Aug. 8, 2005 30 U.S.C. 181 September 1, 2001 June 30, 2004 (1) not later than 120 days after the date of enactment of this Act [ Aug. 8, 2005 (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) (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 Pub. L. 87822,  2 Oct. 15, 1962 76 Stat. 943 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.  188a. Surrender of leases  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. ( Nov. 28, 1943, ch. 329 57 Stat. 593 July 16, 1946 60 Stat. 1100  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437 Executive Documents  Transfer of Functions Bureau of Land Management substituted in text for General Land Office on authority of Reorg. Plan No. 3 of 1946,  403, set out in the Appendix to Title 5, Government Organization and Employees.  189. Rules and regulations; boundary lines; State rights unaffected; taxation  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. ( Feb. 25, 1920, ch. 85,  32 41 Stat. 450  Statutory Notes and Related Subsidiaries  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 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981 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  190. Oath; requirement; form; blanks  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. ( Feb. 25, 1920, ch. 85,  33 41 Stat. 450  191. Disposition of moneys received (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 30 U.S.C. 1001 January 1, 1976 June 17, 1902 Provided section 8733(b) of title 10 (b) Deduction for administrative costs In determining the amount of payments to the States under this section, beginning in fiscal year 2014 and for each year thereafter, the amount of such payments shall be reduced by 2 percent for any administrative or other costs incurred by the United States in carrying out the program authorized by this chapter, and the amount of such reduction shall be deposited to miscellaneous receipts of the Treasury. (c) Rentals received on or after August 8, 2005 (1) Notwithstanding the first sentence of subsection (a), any rentals received from leases in any State (other than the State of Alaska) on or after August 8, 2005 (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)  Use of fund. (A)  In general 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 and Indian trust mineral estate land. (B)  Accounts The Secretary shall divide the Fund into (i) a Rental Account (referred to in this subsection as the Rental Account) comprised of rental receipts collected under this section; and (ii) a Fee Account (referred to in this subsection as the Fee Account) comprised of fees collected under subsection (d). (4)  Rental account. (A)  In general The Secretary shall use the Rental Account for (i) the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land under the jurisdiction of the Project offices identified under section 15924(d) of title 42 (ii) training programs for development of expertise related to coordinating and processing oil and gas use authorizations. (B)  Allocation In determining the allocation of the Rental Account among Project offices for a fiscal year, the Secretary shall consider (i) the number of applications for permit to drill received in a Project office during the previous fiscal year; (ii) the backlog of applications described in clause (i) in a Project office; (iii) publicly available industry forecasts for development of oil and gas resources under the jurisdiction of a Project office; and (iv) any opportunities for partnership with local industry organizations and educational institutions in developing training programs to facilitate the coordination and processing of oil and gas use authorizations. (5)  Fee account. (A)  In general The Secretary shall use the Fee Account for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land. (B)  Allocation The Secretary shall transfer not less than 75 percent of the revenues collected by an office for the processing of applications for permits to the State office of the State in which the fees were collected. (d) BLM oil and gas permit processing fee (1) In general Notwithstanding any other provision of law, for each of fiscal years 2016 through 2026, the Secretary, acting through the Director of the Bureau of Land Management, shall collect a fee for each new application for a permit to drill that is submitted to the Secretary. (2) Amount The amount of the fee shall be $9,500 for each new application, as indexed for United States dollar inflation from October 1, 2015 (3) Use Of the fees collected under this subsection for a fiscal year, the Secretary shall transfer (A) for each of fiscal years 2016 through 2019 (i) 15 percent to the field offices that collected the fees and used to process protests, leases, and permits under this chapter, subject to appropriation; and (ii) 85 percent to the BLM Permit Processing Improvement Fund established under subsection (c)(2)(B) (referred to in this subsection as the Fund); and (B) for each of fiscal years 2020 through 2026, all of the fees to the Fund. (4) Additional costs During each of fiscal years of 2016 through 2026, the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing applications for permits to drill. ( Feb. 25, 1920, ch. 85,  35 41 Stat. 450 May 27, 1947, ch. 83 61 Stat. 119 Aug. 3, 1950, ch. 527 64 Stat. 402 Pub. L. 8588,  2 July 10, 1957 71 Stat. 282 Pub. L. 85508 July 7, 1958 72 Stat. 343 Pub. L. 94273,  6(2) Apr. 21, 1976 90 Stat. 377 Pub. L. 94377,  9 Aug. 4, 1976 90 Stat. 1089 Pub. L. 94422, title III,  301 Sept. 28, 1976 90 Stat. 1323 Pub. L. 94579, title III,  317(a) Oct. 21, 1976 90 Stat. 2770 Pub. L. 97451, title I Jan. 12, 1983 96 Stat. 2451 Pub. L. 100203, title V,  5109 Dec. 22, 1987 101 Stat. 1330261 Pub. L. 100443,  5(b) Sept. 22, 1988 102 Stat. 1768 Pub. L. 10366, title X,  10201 Aug. 10, 1993 107 Stat. 407 Pub. L. 106393, title V,  503 Oct. 30, 2000 114 Stat. 1624 Pub. L. 10958, title III,  365(g) Aug. 8, 2005 119 Stat. 725 Pub. L. 11367, div. A, title III,  302 Dec. 26, 2013 127 Stat. 1181 Pub. L. 113291, div. B, title XXX,  3021(b) Dec. 19, 2014 128 Stat. 3760 Pub. L. 115232, div. A, title VIII,  809(i)(1) Aug. 13, 2018 132 Stat. 1843  Editorial Notes  References in Text The Federal Oil and Gas Royalty Management Act of 1982, referred to in subsec. (a), is Pub. L. 97451 Jan. 12, 1983 96 Stat. 2447 section 1701 of this title The Geothermal Steam Act of 1970, referred to in subsec. (a), is Pub. L. 91581 Dec. 24, 1970 84 Stat. 1566 section 1001 of this title The Reclamation Act, approved June 17, 1902 act June 17, 1902, ch. 1093 32 Stat. 388 section 371 of Title 43 Codification 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. Amendments 2018Subsec. (a). Pub. L. 115232 section 8733(b) of title 10 June 4, 1920 41 Stat. 813 June 30, 1938 52 Stat. 1252 2014Subsec. (c)(3) to (5). Pub. L. 113291,  3021(c)(1) section 15924(d) of title 42 Subsec. (d). Pub. L. 113291,  3021(b) 2013Subsec. (b). Pub. L. 11367 2005Subsec. (c). Pub. L. 10958 2000Subsec. (b). Pub. L. 106393 1993 Pub. L. 10366 1988 Pub. L. 100443 1987 Pub. L. 100203 1983 Pub. L. 97451,  111(g) Pub. L. 97451,  104(a) 1976 Pub. L. 94579 Pub. L. 94422 Pub. L. 94377 Pub. L. 94273 1958 Pub. L. 85508 1957 Pub. L. 8588 1950Act Aug. 3, 1950 1947Act May 27, 1947 Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Amendment by Pub. L. 115232 Feb. 1, 2019 section 800 of Pub. L. 115232 section 3001 of Title 10 Effective Date of 1983 Amendment Amendment by section 104(a) of Pub. L. 97451 Oct. 1, 1983 section 104(c) of Pub. L. 97451 section 1714 of this title Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of Title 43 Findings Pub. L. 106393, title V,  502 Oct. 30, 2000 114 Stat. 1624  The Congress finds the following: (1) Section 10201 of the Omnibus Budget Reconciliation Act of 1993 ( Public Law 10366 107 Stat. 407 30 U.S.C. 191 (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 Funds Held by Colorado and Utah From Interior Department Oil Shale Test Leases Pub. L. 94579, title III,  317(b) Oct. 21, 1976 90 Stat. 2771 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 CA; CB; UA and UB 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. 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. Executive Documents Admission of Alaska as State Effectiveness of amendment by Pub. L. 85508 Pub. L. 85508 Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 section 21 of Title 48  191a. Late payment charges under Federal mineral leases (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) shall apply with respect to any interest, or other charge referred to in subsection (a), 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), which was paid to the United States before July 1, 1988 ( Pub. L. 100524,  7 Oct. 24, 1988 102 Stat. 2607  Editorial Notes 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  191b. Collection of unpaid and underpaid royalties and late payment interest owed by lessees  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. ( Pub. L. 104134, title I,  101(c) [title I] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437 Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in the following prior appropriation act: Pub. L. 103332, title I Sept. 30, 1994 108 Stat. 2508  192. Payment of royalties in oil or gas; sale of such oil or gas  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 Provided further Provided, however And provided further ( Feb. 25, 1920, ch. 85,  36 41 Stat. 451 July 13, 1946, ch. 574 60 Stat. 533  Editorial Notes Amendments 1946Act July 13, 1946 Statutory Notes and Related Subsidiaries 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  192a. Cancellation or modification of contracts Where, under any existing contract entered into pursuant to the first proviso in the second paragraph of section 192 of this title (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 ( Sept. 1, 1949, ch. 529,  1 63 Stat. 682  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437  192b. Application to contracts  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 September 1, 1949 section 192 of this title ( Sept. 1, 1949, ch. 529,  2 63 Stat. 682  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437  192c. Rules and regulations governing issuance of certain leases; disposition of receipts  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 Provided March 19, 1948 And provided further ( Sept. 1, 1949, ch. 529,  3 63 Stat. 683  Editorial Notes  References in Text Act of March 19, 1948 act Mar. 19, 1948, ch. 139 62 Stat. 83 Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437 Statutory Notes and Related Subsidiaries  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. 86509 June 11, 1960 74 Stat. 205 section 2201 of Title 7  193. Disposition of deposits of coal, and so forth  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 ( Feb. 25, 1920, ch. 85,  37 41 Stat. 451 Feb. 7, 1927, ch. 66,  5 44 Stat. 1058 Aug. 8, 1946, ch. 916,  11 60 Stat. 957 Pub. L. 95554,  4 Oct. 30, 1978 92 Stat. 2074  Editorial Notes Codification Section was from act Feb. 25, 1920 August 12, 1912 Amendments 1978 Pub. L. 95554 1946Act Aug. 8, 1946 Feb. 7, 1927 section 181 of this title 1927Act Feb. 7, 1927  193a. Preference right of United States to purchase coal for Army and Navy; price for coal; civil actions; jurisdiction  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. ( May 28, 1908, ch. 211,  2 35 Stat. 424 Pub. L. 97164, title I,  160(a)(10) Apr. 2, 1982 96 Stat. 48 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516  Editorial Notes  References in Text This Act, referred to in text, is act May 28, 1908, ch. 211 35 Stat. 424 Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437 Section was formerly classified to section 453 of Title 48 Amendments 1992 Pub. L. 102572 1982 Pub. L. 97164 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of Title 28 Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of Title 28  194. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 644   Section, acts Feb. 25, 1920, ch. 85,  38 41 Stat. 451 Mar. 3, 1925, ch. 462 43 Stat. 1145  195. Enforcement (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. ( Feb. 25, 1920, ch. 85,  41 Pub. L. 100203, title V,  5108 Dec. 22, 1987 101 Stat. 1330260  196. Cooperative agreements; delegation of authority 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 Provided further section 1734 of this title section 1337(g) of title 43 Provided further ( Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1001  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437 SUBCHAPTER II COAL  201. Leases and exploration (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 43 U.S.C. 1761 Provided February 25, 1920 (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 August 4, 1976 (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 (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. 1151117 33 U.S.C. 1251 42 U.S.C. 7401 (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 (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 1 (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. ( Feb. 25, 1920, ch. 85,  2(a) 41 Stat. 438 June 3, 1948, ch. 379,  1 62 Stat. 289 Pub. L. 86252,  2 Sept. 9, 1959 73 Stat. 490 Pub. L. 88526,  2(a) Aug. 31, 1964 78 Stat. 710 Pub. L. 94377 Aug. 4, 1976 90 Stat. 1083 Pub. L. 95554,  2 Oct. 30, 1978 92 Stat. 2073 Pub. L. 10958, title IV,  436 Aug. 8, 2005 119 Stat. 762  Editorial Notes  References in Text This section, referred to in subsec. (a)(1), is section 2 of act Feb. 25, 1920 section 202 of this title section 5(b) of Pub. L. 94377 section 202a of this title The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(1), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of Title 43 The Federal Water Pollution Control Act, referred to in subsec. (a)(3)(E), is act June 30, 1948, ch. 758 62 Stat. 1155 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of Title 33 The Clean Air Act, referred to in subsec. (a)(3)(E), is act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42 Codification Section is comprised of subsecs. (a) and (b) of section 2 of act Feb. 25, 1920 June 3, 1948 Feb. 25, 1920 section 202 of this title Pub. L. 94377,  5(b) Aug. 4, 1976 90 Stat. 1086 section 202a of this title Amendments 2005Subsec. (a)(4), (5). Pub. L. 10958 1978Subsec. (a)(1). Pub. L. 95554 1976Subsec. (a). Pub. L. 94377,  2 Subsec. (b). Pub. L. 94377,  4 1964Subsec. (a). Pub. L. 88526,  2(a) Subsec. (b). Pub. L. 88526,  2(b) 1959Subsec. (a). Pub. L. 86252 1948Act June 3, 1948 section 202 of this title Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Pub. L. 10958, title IV,  438 Aug. 8, 2005 119 Stat. 763 The amendments made by this subtitle [subtitle D ( 431438) of title IV of Pub. L. 10958 Aug. 8, 2005 Effective Date of 1976 Amendment Pub. L. 99190,  101(d) [title III,  320] Dec. 19, 1985 99 Stat. 1224 The provisions of section 2(a)(2)(A) of the Mineral Lands Leasing Act of 1920 ( 41 Stat. 437 90 Stat. 1083 Pub. L. 94377 December 31, 1986 Savings Provision Pub. L. 94377,  4 Aug. 4, 1976 90 Stat. 1085  Transfer of Functions Functions of Secretary of the Interior, referred to in 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 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981 Exchange of Coal Preference Right Lease Applications Pub. L. 1169, title I,  1121(a) Mar. 12, 2019 133 Stat. 636  (1)  Definition of bidding right In this subsection, the term bidding right means an appropriate legal instrument or other written documentation, including an entry in an account managed by the Secretary [of the Interior], issued or created under subpart 3435 of title 43, Code of Federal Regulations, that may be used (A) in lieu of a monetary payment for 50 percent of a bonus bid for a coal lease sale under the Mineral Leasing Act ( 30 U.S.C. 181 (B) as a monetary credit against 50 percent of any rental or royalty payments due under any Federal coal lease. (2)  Use of bidding right. (A)  In general If the Secretary retires a coal preference right lease application under the Mineral Leasing Act ( 30 U.S.C. 181 (i) a bonus in a coal lease sale; or (ii) rental or royalty under a Federal coal lease. (B)  Payment calculation. (i)  In general The Secretary shall calculate a payment of amounts owed to a relevant State under section 35(a) of the Mineral Leasing Act ( 30 U.S.C. 191(a) (ii)  Amounts received Except as provided in this paragraph, for purposes of calculating the payment of amounts owed to a relevant State under clause (i) only, a bidding right shall be considered amounts received. (C)  Requirement The total number of bidding rights issued by the Secretary under subparagraph (A) before October 1, 2029 (3)  Source of payments The Secretary shall make payments to the relevant State under paragraph (2) from monetary payments received by the Secretary when bidding rights are exercised under this section [probably means this subsection]. (4)  Treatment of payments A payment to a State under this subsection shall be treated as a payment under section 35(a) of the Mineral Leasing Act ( 30 U.S.C. 191(a) (5)  Transferability; limitation. (A)  Transferability A bidding right issued for a coal preference right lease application under the Mineral Leasing Act ( 30 U.S.C. 181 (B)  Notification of secretary A person who transfers a bidding right shall notify the Secretary of the transfer by any method determined to be appropriate by the Secretary. (C)  Effective period. (i)  In general A bidding right issued under the Mineral Leasing Act ( 30 U.S.C. 181 (ii)  Tolling of period The 7-year period described in clause (i) shall be tolled during any period in which exercise of the bidding right is precluded by temporary injunctive relief granted under, or administrative, legislative, or judicial suspension of, the Federal coal leasing program. (6)  Deadline. (A)  In general If an existing settlement of a coal preference right lease application has not been implemented as of the date of enactment of this Act [ March 12, 2019 (B)  Date of valuation For purposes of the valuation process under subparagraph (A), the market price of coal shall be determined as of the date of the settlement. Study of Coal Leases by Director of the Office of Technology Assessment Pub. L. 94377,  10 Aug. 4, 1976 90 Stat. 1090 Aug. 4, 1976 Coal Mining on Areas of National Park, Wildlife, Wilderness Preservation, Trail, Scenic Rivers, Systems Not Authorized Pub. L. 94377,  16 Aug. 4, 1976 90 Stat. 1092 Nothing in this Act [see Short Title of 1976 Amendment note under section 181 of this title section 1276(a) of Title 16 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  2011. Repealed. Pub. L. 94377,  5(a) Aug. 4, 1976 90 Stat. 1086   Section, Pub. L. 88526,  2(c) Aug. 31, 1964 78 Stat. 710 Statutory Notes and Related Subsidiaries Savings Provision Pub. L. 94377,  5(a) Aug. 4, 1976 90 Stat. 1086  201a. Repealed. June 3, 1948, ch. 379,  8 62 Stat. 291   Section, act Mar. 9, 1928, ch. 159,  1 45 Stat. 251  201b. Omitted  Editorial Notes Codification Section, act Mar. 9, 1928, ch. 159,  2 45 Stat. 251 Mar. 9, 1928  202. Common carriers; limitations of lease or permit  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 ( Feb. 25, 1920, ch. 85,  2(c) 41 Stat. 438 June 13, 1944, ch. 244 58 Stat. 275 June 3, 1948, ch. 379,  1 62 Stat. 289  Editorial Notes Codification Section is comprised of subsec. (c) of section 2 of act Feb. 25, 1920 June 3, 1948 Feb. 25, 1920 section 201 of this title Pub. L. 94377,  5(b) Aug. 4, 1976 90 Stat. 1086 section 202a of this title Amendments 1948Act June 3, 1948 Feb. 25, 1920 1944Act June 13, 1944  202a. Consolidation of coal leases into logical mining unit (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 ( Feb. 25, 1920, ch. 85,  2(d) Pub. L. 94377,  5(b) Aug. 4, 1976 90 Stat. 1086 Pub. L. 10958, title IV,  433 Aug. 8, 2005 119 Stat. 761  Editorial Notes  References in Text The date of enactment of this Act, referred to in par. (5), probably means the date of enactment of Pub. L. 94377 Aug. 4, 1976 This section, referred to in pars. (5) and (8), is section 2 of act Feb. 25, 1920 section 201 of this title section 202 of this title section 5(b) of Pub. L. 94377 Codification Section is comprised of subsec. (d) of section 2 of act Feb. 25, 1920 Pub. L. 94377 section 201 of this title section 202 of this title Amendments 2005Par. (2). Pub. L. 10958 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Amendment by Pub. L. 10958 Aug. 8, 2005 section 438 of Pub. L. 10958 section 201 of this title  203. Additional lands or deposits (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 1 (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 ( Feb. 25, 1920, ch. 85,  3 41 Stat. 439 Pub. L. 94377,  13(b) Aug. 4, 1976 90 Stat. 1090 Pub. L. 95554,  3 Oct. 30, 1978 92 Stat. 2074 Pub. L. 10958, title IV,  432 Aug. 8, 2005 119 Stat. 760  Editorial Notes  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) The effective date of this Act, referred to in subsec. (c), probably means the date of enactment of Pub. L. 95554 Oct. 30, 1978 Amendments 2005 Pub. L. 10958 1978 Pub. L. 95554 section 207(a) of this title 1976 Pub. L. 94377 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Amendment by Pub. L. 10958 Aug. 8, 2005 section 438 of Pub. L. 10958 section 201 of this title Savings Provision Pub. L. 94377,  13(b) Aug. 4, 1976 90 Stat. 1090  204. Repealed. Pub. L. 94377,  13(a) Aug. 4, 1976 90 Stat. 1090   Section, act Feb. 25, 1920, ch. 85,  4 41 Stat. 439 Statutory Notes and Related Subsidiaries Savings Provision Pub. L. 94377,  13(a) Aug. 4, 1976 90 Stat. 1090  205. Consolidation of leases  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. ( Feb. 25, 1920, ch. 85,  5 41 Stat. 439  206. Noncontiguous coal or phosphate tracts in single lease  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. ( Feb. 25, 1920, ch. 85,  6 41 Stat. 439  207. Conditions of lease (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 1212 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 1 (6)  1 (7) Nothing in this subsection shall be construed to affect the requirement contained in the second sentence of subsection (a) 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 Secretarys 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. ( Feb. 25, 1920, ch. 85,  7 41 Stat. 439 Pub. L. 94377,  6 Aug. 4, 1976 90 Stat. 1087 Pub. L. 10958, title IV Aug. 8, 2005 119 Stat. 761  Editorial Notes Amendments 2005Subsec. (b). Pub. L. 10958,  434 Subsec. (c). Pub. L. 10958,  435 1976 Pub. L. 94377 Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Amendment by Pub. L. 10958 Aug. 8, 2005 section 438 of Pub. L. 10958 section 201 of this title  208. Permits to take coal for local domestic needs without royalty payments; corporation exclusion; area to municipalities for household use without profit  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 ( Feb. 25, 1920, ch. 85,  8 41 Stat. 440  2081. Exploratory program for evaluation of known recoverable coal resources (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 (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). 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), and maps and reports pursuant to subsection (f). 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) 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), the Secretary shall require all those authorized to conduct stratigraphic drilling pursuant to subsection (b) 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. ( Feb. 25, 1920, ch. 85,  8A Pub. L. 94377,  7 Aug. 4, 1976 90 Stat. 1087  Editorial Notes  References in Text Section 2, referred to in subsec. (a)(1), means section 2 of act Feb. 25, 1920 section 201 of this title section 202 of this title section 5(b) of Pub. L. 94377 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. 94377 Aug. 4, 1976  2082. Repealed. Pub. L. 10466, title I,  1091(e) Dec. 21, 1995 109 Stat. 722   Section, act Feb. 25, 1920, ch. 85,  8B Aug. 4, 1976 Pub. L. 94377,  8 90 Stat. 1089  208a. Repealed. Pub. L. 97468, title VI,  615(a)(3) Jan. 14, 1983 96 Stat. 2578   Section, act July 19, 1932, ch. 513 47 Stat. 707  Section was formerly classified to section 445a of Title 48 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal by Pub. L. 97468 Jan. 5, 1985 section 1203 of Title 45 Pub. L. 97468, title VI,  615(a) Jan. 14, 1983 96 Stat. 2577  209. Suspension, waiver, or reduction of rents or royalties to promote development or operation; extension of lease on suspension of operations and production  The Secretary of the Interior, for the purpose of encouraging the greatest ultimate recovery of coal, oil, gas, oil shale 1 1 2 2 3 3 Provided, however ( Feb. 25, 1920, ch. 85,  39 Feb. 9, 1933, ch. 45 47 Stat. 798 Aug. 8, 1946, ch. 916,  10 60 Stat. 957 June 3, 1948, ch. 379,  7 62 Stat. 291 Pub. L. 94377,  14 Aug. 4, 1976 90 Stat. 1091 Pub. L. 9778,  1(3) Nov. 16, 1981 95 Stat. 1070  Editorial Notes Amendments 1981 Pub. L. 9778 1976 Pub. L. 94377 1948Act June 3, 1948 1946Act Aug. 8, 1946 Statutory Notes and Related Subsidiaries Savings Provision See note set out under section 181 of this title SUBCHAPTER III PHOSPHATES  211. Phosphate deposits (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. ( Feb. 25, 1920, ch. 85,  9 41 Stat. 440 June 3, 1948, ch. 379,  2 62 Stat. 290 Pub. L. 86391,  1(a) Mar. 18, 1960 74 Stat. 7  Editorial Notes Amendments 1960 Pub. L. 86391 1948Act June 3, 1948  212. Surveys; royalties; time payable; annual rentals; term of leases; readjustment on renewals; minimum production; suspension of operation  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. ( Feb. 25, 1920, ch. 85,  10 41 Stat. 440 June 3, 1948, ch. 379,  3 62 Stat. 290  Editorial Notes Amendments 1948Act June 3, 1948  213. Royalties for use of deposits of silica, limestone, or other rock embraced in lease  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. ( Feb. 25, 1920, ch. 85,  11 41 Stat. 440 June 3, 1948, ch. 379,  4 62 Stat. 291  Editorial Notes Amendments 1948Act June 3, 1948  214. Use of surface of other public lands; acreage; forest lands exception  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. ( Feb. 25, 1920, ch. 85,  12 41 Stat. 441 June 3, 1948, ch. 379,  5 62 Stat. 291 Pub. L. 86391,  1(b) Mar. 18, 1960 74 Stat. 8  Editorial Notes Amendments 1960 Pub. L. 86391 1948Act June 3, 1948 SUBCHAPTER IV OIL AND GAS  221 to 222i. Omitted  Editorial Notes Codification Sections expired by their own terms. They provided as follows: Section 221, acts Feb. 25, 1920, ch. 85,  13 41 Stat. 441 Aug. 21, 1935, ch. 599,  1 49 Stat. 674 Dec. 31, 1938 Section 222, act Jan. 11, 1922, ch. 28 42 Stat. 356 Section 222a, act Apr. 5, 1926, ch. 107,  1 44 Stat. 236 Section 222b, act Apr. 5, 1926, ch. 107,  2 44 Stat. 236 Apr. 5, 1926 Section 222c, act Mar. 9, 1928, ch. 168,  1 45 Stat. 252 Section 222d, act Mar. 9, 1928, ch. 168,  2 45 Stat. 252 Section 222e, act Jan. 23, 1930, ch. 25,  1 46 Stat. 58 Section 222f, act Jan. 23, 1930, ch. 25,  2 46 Stat. 59 Jan. 23, 1930 Section 222g, act June 30, 1932, ch. 319,  1 47 Stat. 445 Section 222h, act June 30, 1932, ch. 319,  2 47 Stat. 446 June 30, 1932 Section 222i, acts Aug. 26, 1937, ch. 828 50 Stat. 842 Aug. 11, 1939, ch. 716 53 Stat. 1418 Dec. 31, 1937 Dec. 31, 1939 Statutory Notes and Related Subsidiaries Compromise of Claims for Accrued Rental Act July 29, 1942, ch. 534,  2 56 Stat. 726 section 221 of this title  223. Leases; amount and survey of land; term of lease; royalties and annual rental  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 section 226 of this title August 21, 1935 January 1, 1935 section 226 of this title Provided further ( Feb. 25, 1920, ch. 85,  14 41 Stat. 442 Aug. 21, 1935, ch. 599,  1 49 Stat. 676  Editorial Notes Amendments 1935Act Aug. 21, 1935 section 226 of this title August 21, 1935 section 226 of this title section 226 of this title Statutory Notes and Related Subsidiaries Limitation of Royalty on Discoveries During War Period Act Dec. 24, 1942, ch. 812 56 Stat. 1080 July 25, 1947, ch. 327,  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.  223a. Repealed. Aug. 8, 1946, ch. 916,  14 60 Stat. 958   Section, act Aug. 21, 1935, ch. 599,  2 49 Stat. 679 Statutory Notes and Related Subsidiaries Savings Provision See note set out under section 181 of this title  224. Payments for oil or gas taken prior to application for lease  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. ( Feb. 25, 1920, ch. 85,  15 41 Stat. 442  225. Condition of lease, forfeiture for violation  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. ( Feb. 25, 1920, ch. 85,  16 41 Stat. 443 Aug. 8, 1946, ch. 916,  2 60 Stat. 951  Editorial Notes Amendments 1946Act Aug. 8, 1946 Statutory Notes and Related Subsidiaries 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  226. Lease of oil and gas lands (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 paragraph (2) 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, except as provided in subparagraph (C). 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 1623 percent in amount or value of the production removed or sold from the lease or, in the case of a lease issued during the 10-year period beginning on August 16, 2022 (B) The national minimum acceptable bid shall be $10 per acre during the 10-year period beginning on August 16, 2022 section 4332(2)(C) of title 42 (C) In order to diversify and expand the Nations onshore leasing program to ensure the best return to the Federal taxpayer, reduce fraud, and secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods. Each individual Internet-based lease sale shall conclude within 7 days. (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 1623 percent in amount or value of production removed or sold from the lease, subject to subsection (k)(1)(c). 1 1 (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 $10 per acre. (D) The Secretary may waive, suspend, or alter any requirement under section 183 of this title (c) Additional rounds of competitive bidding Land made available for leasing under subsection (b)(1) for which no bid is accepted or received, or the land for which a lease terminates, expires, is cancelled, or is relinquished, may be made available by the Secretary of the Interior for a new round of competitive bidding under that subsection. (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 $3 per acre per year during the 2-year period beginning on the date the lease begins for new leases, and after the end of that 2-year period, $5 per acre per year for the following 6-year period, and not less than $15 per acre per year thereafter, or, in the case of a lease issued during the 10-year period beginning on August 16, 2022 (e) Term of lease (1) In general Any lease issued under this section, including a lease for tar sand areas, shall be for a primary term of 10 years. (2) Continuation of lease A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. (3) Additional extensions 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 and diligently prosecuted prior to the end of the primary term of the lease shall be extended for 2 years and for any period thereafter during which 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 September 2, 1960 (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 August 8, 1946 May 27, 1941 May 27, 1941 (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 Provided, however 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 January 21, 1926 November 16, 1981 (B) The Secretary shall issue final regulations to implement this section within six months of November 16, 1981 November 16, 1981 (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, 1623 percent 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 (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 (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. (q) Fee for expression of interest (1) In general The Secretary shall assess a nonrefundable fee against any person that, in accordance with procedures established by the Secretary to carry out this subsection, submits an expression of interest in leasing land available for disposition under this section for exploration for, and development of, oil or gas. (2) Amount of fee (A) In general Subject to subparagraph (B), the fee assessed under paragraph (1) shall be $5 per acre of the area covered by the applicable expression of interest. (B) Adjustment of fee The Secretary shall, by regulation, not less frequently than every 4 years, adjust the amount of the fee under subparagraph (A) to reflect the change in inflation. ( Feb. 25, 1920, ch. 85,  17 41 Stat. 443 July 3, 1930, ch. 854,  1 46 Stat. 1007 Mar. 4, 1931, ch. 506 46 Stat. 1523 Aug. 21, 1935, ch. 599,  1 49 Stat. 676 Aug. 8, 1946, ch. 916,  3 60 Stat. 951 July 29, 1954, ch. 644,  1(1) 68 Stat. 583 Pub. L. 86507,  1(21) June 11, 1960 74 Stat. 201 Pub. L. 86705,  2 Sept. 2, 1960 74 Stat. 781 Pub. L. 9778,  1(6) Nov. 16, 1981 95 Stat. 1070 Pub. L. 100203, title V,  5102(a) Dec. 22, 1987 101 Stat. 1330256 Pub. L. 102486, title XXV Oct. 24, 1992 106 Stat. 31073109 Pub. L. 103437,  11(a)(1) Nov. 2, 1994 108 Stat. 4589 Pub. L. 10466, title I,  1081(a) Dec. 21, 1995 109 Stat. 721 Pub. L. 10958, title III Aug. 8, 2005 119 Stat. 711 Pub. L. 113291, div. B, title XXX,  3022(a) Dec. 19, 2014 128 Stat. 3762 Pub. L. 117169, title V,  50262(a)(1) Aug. 16, 2022 136 Stat. 2056  Editorial Notes  References in Text Act of March 1, 1911 o act Mar. 1, 1911, ch. 186 36 Stat. 961 section 552 of Title 16 The Federal Onshore Oil and Gas Leasing Reform Act of 1987, referred to in subsec. (d), is subtitle B ( 5101 to 5113) of title V of Pub. L. 100203 Dec. 22, 1987 101 Stat. 1330256 section 181 of this title The Combined Hydrocarbon Leasing Act of 1981, referred to in subsec. (n)(2), is Pub. L. 9778 Nov. 16, 1981 95 Stat. 1070 section 181 of this title section 181 of this title The National Environmental Policy Act of 1969, referred to in subsec. (p)(2)(A), (3)(A), (B), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 2022 Pub. L. 117169,  50262(a)(1)(B) Subsec. (b)(1)(A). Pub. L. 117169,  50262(e)(1)(A)(i) Pub. L. 117169,  50262(a)(1)(A) August 16, 2022 Subsec. (b)(1)(B). Pub. L. 117169,  50262(b)(1) August 16, 2022 December 22, 1987 Subsec. (b)(2)(C). Pub. L. 117169,  50262(b)(2) Subsec. (b)(3). Pub. L. 117169,  50262(e)(1)(A)(ii) Subsec. (c). Pub. L. 117169,  50262(e)(1)(B) Subsec. (d). Pub. L. 117169,  50262(c)(1) August 16, 2022 Subsec. (e). Pub. L. 117169,  50262(e)(1)(C) Provided, however Subsec. (q). Pub. L. 117169,  50262(d) 2014Subsec. (b)(1)(A). Pub. L. 113291,  3022(a)(1) Subsec. (b)(1)(C). Pub. L. 113291,  3022(a)(2) 2005Subsec. (b)(1)(B). Pub. L. 10958,  350(b) Subsec. (b)(2). Pub. L. 10958,  350(a) Subsec. (b)(2)(A). Pub. L. 10958,  369(j)(1) Subsec. (p). Pub. L. 10958,  366 1995Subsec. (j). Pub. L. 10466 1994Subsec. (b)(1)(B). Pub. L. 103437 1992Subsec. (b)(1)(A). Pub. L. 102486,  2507(a)(1) Subsec. (b)(3). Pub. L. 102486,  2507(a)(2) Subsec. (e). Pub. L. 102486,  2509 Provided, however Provided, however,. Subsec. ( o Pub. L. 102486,  2508(a) o 1987Subsec. (b)(1). Pub. L. 100203,  5102(a) Subsec. (c). Pub. L. 100203,  5102(b) Subsec. (d). Pub. L. 100203,  5102(c) Subsecs. (f) to (n). Pub. L. 100203,  5102(d)(1) 1981Subsec. (b). Pub. L. 9778,  1(6)(a) Subsec. (c). Pub. L. 9778,  1(6)(b) Subsec. (e). Pub. L. 9778,  1(6)(c) Subsec. (k). Pub. L. 9778,  1(8) 1960 Pub. L. 86705 Pub. L. 86507 1954Act July 29, 1954 Act July 29, 1954 Act July 29, 1954 1946Act Aug. 8, 1946 1935Act Aug. 21, 1935 1931Act Mar. 4, 1931 1930Act July 3, 1930 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Pub. L. 102486, title XXV,  2507(b) Oct. 24, 1992 106 Stat. 3108 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. 10958, title III,  350(c) Aug. 8, 2005 119 Stat. 711 Not later than 45 days after the date of enactment of this Act [ Aug. 8, 2005 Pub. L. 102486, title XXV,  2508(b) Oct. 24, 1992 106 Stat. 3109 Within 90 days after the enactment of this Act [ Oct. 24, 1992 Pub. L. 100203, title V,  5107 Dec. 22, 1987 101 Stat. 1330259  (a)  Regulations The Secretary shall issue final regulations to implement this subtitle [subtitle B ( 51015113) of title V of Pub. L. 100203 section 181 of this title Dec. 22, 1987 (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 Pub. L. 86705,  8 Sept. 2, 1960 74 Stat. 791 No amendment made by this Act [see Short Title of 1960 Amendment note set out under section 181 of this title Sept. 2, 1960 See note set out under section 181 of this title  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 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981 Pending Applications, Offers, and Bids Pub. L. 100203, title V,  5106 Dec. 22, 1987 101 Stat. 1330259  (a) Notwithstanding any other provision of this subtitle [subtitle B ( 51015113) of title V of Pub. L. 100203 section 181 of this title Dec. 22, 1987 February 25, 1920 (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 February 25, 1920 (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 Report to Congress Pub. L. 100203, title V,  5110 Dec. 22, 1987 101 Stat. 1330261 Dec. 22, 1987 Pub. L. 100203 section 3148 of Title 16 section 226 of this title Land Use Study Pub. L. 100203, title V,  5111 Dec. 22, 1987 101 Stat. 1330262  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. 94579 43 U.S.C. 1701 88 Stat. 476 Pub. L. 93378 16 U.S.C. 1600 90 Stat. 2949 Pub. L. 94588 16 U.S.C. 1600 (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 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 August 21, 1935 49 Stat. 674 August 8, 1946 act Aug. 8, 1946, ch. 916,  3 60 Stat. 951 July 14, 1952 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.  2261. Extension of noncompetitive oil or gas lease issued before September 2, 1960 (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 (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 ( Pub. L. 86705,  4 Sept. 2, 1960 74 Stat. 789  Editorial Notes 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  2262. Limitations for filing oil and gas contests  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 September 2, 1960 ( Feb. 25, 1920, ch. 85,  42 Pub. L. 86705,  5 Sept. 2, 1960 74 Stat. 790  2263. Lands not subject to oil and gas leasing (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 (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 96119), 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. ( Feb. 25, 1920, ch. 85,  43 Pub. L. 100203, title V,  5112 Dec. 22, 1987 101 Stat. 1330262 Pub. L. 100443,  5(c) Sept. 22, 1988 102 Stat. 1768  Editorial Notes  References in Text The Geothermal Steam Act of 1970, referred to in subsec. (a), is Pub. L. 91581 Dec. 24, 1970 84 Stat. 1566 section 1001 of this title Amendments 1988Subsec. (a). Pub. L. 100443,  5(c)(1) Subsec. (b). Pub. L. 100443,  5(c)(2)  226a, 226b. Repealed. Aug. 8, 1946, ch. 916,  14 60 Stat. 958   Section 226a, act July 8, 1940, ch. 548 54 Stat. 742 section 226 of this title  Section 226b, acts July 29, 1942, ch. 534,  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 section 226 of this title Statutory Notes and Related Subsidiaries Savings Provision See note set out under section 181 of this title  226c. Reduction of royalties under existing leases  From and after August 8, 1946 August 8, 1946 May 27, 1941 May 27, 1941 ( Aug. 8, 1946, ch. 916,  12 60 Stat. 957  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437 Statutory Notes and Related Subsidiaries 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  226d, 226e. Omitted  Editorial Notes Codification Sections were completely amended by Pub. L. 86705,  2 Sept. 2, 1960 74 Stat. 781 Feb. 25, 1920 section 226 of this title Section 226d, act Feb. 25, 1920, ch. 85,  17a Aug. 8, 1946, ch. 916,  4 60 Stat. 952 Section 226e, act Feb. 25, 1920, ch. 85,  17b Aug. 8, 1946, ch. 916,  5 60 Stat. 952 July 29, 1954, ch. 644,  1(4) 68 Stat. 585  227. Omitted  Editorial Notes Codification Section, acts Feb. 25, 1920, ch. 85,  18 41 Stat. 443 Feb. 25, 1928, ch. 104 45 Stat. 148 July 3, 1910 Feb. 25, 1920  228. Prospecting permits and leases to persons of lands not withdrawn; terms and conditions of; fraud of claimants  Any person who on October 1, 1919 February 25, 1920 February 25, 1920 February 25, 1920 1 1 Provided Provided, however 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. ( Feb. 25, 1920, ch. 85,  19 41 Stat. 445  Editorial Notes  References in Text Section 227 of this title  229. Preference right to permits or leases of claimants of lands bona fide entered as agricultural land; terms and conditions  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 section 223 of this title ( Feb. 25, 1920, ch. 85,  20 41 Stat. 445  229a. Water struck while drilling for oil and gas (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 (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. ( Feb. 25, 1920, ch. 85,  40 June 16, 1934, ch. 557 48 Stat. 977 Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792  Editorial Notes Amendments 1976Subsec. (a). Pub. L. 94579 section 300 of title 43 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Amendment by Pub. L. 94579 Oct. 21, 1976 section 701 of Pub. L. 94579 section 1701 of Title 43  230 to 233. Repealed. June 22, 1948, ch. 605,  3 62 Stat. 576   Section 230, act Mar. 4, 1923, ch. 249,  1 42 Stat. 1448  Section 231, act Mar. 4, 1923, ch. 249,  2 42 Stat. 1448 Mar. 4, 1923  Section 232, act Mar. 4, 1923, ch. 249,  3 42 Stat. 1448  Section 233, act Mar. 4, 1923, ch. 249,  4 42 Stat. 1448 Statutory Notes and Related Subsidiaries Savings Provision Act June 22, 1948, ch. 605,  3 62 Stat. 576  233a. Permits or leases of certain lands in Oklahoma; retention of royalties  The Secretary of the Interior is directed to retain in his custody until otherwise directed by law the 1212 per centum and other royalties heretofore or hereafter received by him in pursuance of section 233 1 1 ( Mar. 4, 1925, ch. 550,  2 43 Stat. 1302  Editorial Notes  References in Text Section 233 of this title act June 22, 1948, ch. 605,  3 62 Stat. 576 Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437  234 to 236. Repealed. June 22, 1948, ch. 605,  3 62 Stat. 576   Section 234, act Mar. 4, 1923, ch. 249,  5 42 Stat. 1449  Section 235, act Mar. 4, 1923, ch. 249,  6 42 Stat. 1449  Section 236, act Mar. 4, 1923, ch. 249,  7 42 Stat. 1450 Statutory Notes and Related Subsidiaries Savings Provision Act June 22, 1948, ch. 605,  3 62 Stat. 576  236a. Lands in naval petroleum reserves and naval oil-shale reserves; effect of other laws  Nothing in sections 185, 221, 1 1 1 ( Aug. 21, 1935, ch. 599,  3 49 Stat. 679  Editorial Notes  References in Text Section 221 of this title Section 223a of this title act Aug. 8, 1946, ch. 916,  14 60 Stat. 958 Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437  236b. Existing leases within naval petroleum reserves not affected  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. ( Aug. 8, 1946, ch. 916,  13 60 Stat. 958 Aug. 10, 1956, ch. 1041,  53 70A Stat. 675  Editorial Notes  References in Text This act, referred to in text, is act Aug. 8, 1946, ch. 916 60 Stat. 950 Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437 Amendments 1956Act Aug. 10, 1956 section 236e of this title  237. Omitted  Editorial Notes Codification Section, Pub. L. 95372, title VI,  602 Sept. 18, 1978 92 Stat. 694 May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 SUBCHAPTER V OIL SHALE  241. Leases of lands (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 (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 1 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 (1) The Secretary may within the State of Colorado lease to the holder of the Federal oil shale lease known as Federal Prototype Tract Ca 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 section 191 of this title (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), 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 2 (3) Before determining whether to offer an offsite lease under subsection (c), 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 States 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 Governors recommendations. ( Feb. 25, 1920, ch. 85,  21 41 Stat. 445 Pub. L. 86705,  7 Sept. 2, 1960 74 Stat. 790 Pub. L. 9778,  1(1) Nov. 16, 1981 95 Stat. 1070 Pub. L. 97394, title III,  318 Dec. 30, 1982 96 Stat. 1999 Pub. L. 10958, title III,  369(j)(2) Aug. 8, 2005 119 Stat. 731  Editorial Notes Amendments 2005Subsec. (a). Pub. L. 10958 1982Subsecs. (c), (d). Pub. L. 97394 1981Subsec. (a). Pub. L. 9778 Subsec. (c). Pub. L. 9778 1960 Pub. L. 86705 Statutory Notes and Related Subsidiaries  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 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981  242. Oil shale claims (a) Notice Notwithstanding any other provision of law, within 60 days from October 24, 1992 (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 (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 October 24, 1992 October 24, 1992 (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) 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), 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 (A) proceed to limited patent as provided in subsection (e)(1); or (B) maintain the unpatented claim as provided for in subsection (e)(2). (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) 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 (2) Notwithstanding any other provision of law, a claim holder referred to in subsection (c) or a claim holder subject to the election requirements of subsection (d) 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. ( Pub. L. 102486, title XXV,  2511 Oct. 24, 1992 106 Stat. 3109  Editorial Notes  References in Text This Act, referred to in subsec. (a), is Pub. L. 102486 Oct. 24, 1992 106 Stat. 2776 section 13201 of Title 42 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 SUBCHAPTER VI ALASKA OIL PROVISO  251. Leases to claimants of withdrawn lands; terms and conditions; acreage; annual rentals and royalties; fraud of claimants  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 February 25, 1920 Provided May 3, 1958 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. ( Feb. 25, 1920, ch. 85,  22 41 Stat. 446 Pub. L. 85505,  10 July 3, 1958 72 Stat. 324  Editorial Notes Amendments 1958 Pub. L. 85505 May 3, 1958 Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 SUBCHAPTER VII SODIUM  261. Prospecting permits; lands included; acreage  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 ( Feb. 25, 1920, ch. 85,  23 41 Stat. 447 Dec. 11, 1928, ch. 19 45 Stat. 1019  Editorial Notes Amendments 1928Act Dec. 11, 1928 Provided further  262. Leases to permittees; survey of lands; royalties and annual rentals  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 section 261 of this title Provided Provided further ( Feb. 25, 1920, ch. 85,  24 41 Stat. 447 Dec. 11, 1928, ch. 19 45 Stat. 1019  Editorial Notes  References in Text Subchapter VII [ 141 et seq.] of chapter 3 of this title, referred to in text, was repealed by act Feb. 7, 1927, ch. 66,  6 44 Stat. 1058 Subchapter IX of this chapter, referred to in text, was in the original act February 7, 1927 act Feb. 7, 1927, ch. 66 44 Stat. 1057 Amendments 1928Act Dec. 11, 1928 Statutory Notes and Related Subsidiaries Soda Ash Royalties Pub. L. 11340,  10(e) Oct. 2, 2013 127 Stat. 546 Notwithstanding section 24 of the Mineral Leasing Act ( 30 U.S.C. 262 30 U.S.C. 181 Oct. 2, 2013 Soda Ash Royalty Reduction Pub. L. 109338, title I Oct. 12, 2006 120 Stat. 1786  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) 30 U.S.C. 262 30 U.S.C. 181 Oct. 12, 2006 SEC. 103. STUDY. After the end of the 4-year period beginning on the date of enactment of this Act [ Oct. 12, 2006 (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.  263. Permits to use or lease of nonmineral lands for camp sites, and other purposes; annual rentals; acreage  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. ( Feb. 25, 1920, ch. 85,  25 41 Stat. 447 SUBCHAPTER VIII SULPHUR  271. Prospecting permits; lands included; acreage  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 ( Apr. 17, 1926, ch. 158,  1 44 Stat. 301 July 16, 1932, ch. 498 47 Stat. 701  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437 Amendments 1932Act July 16, 1932  272. Leases to permittees; privileges extended to oil and gas permittees  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 ( Apr. 17, 1926, ch. 158,  2 44 Stat. 301  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437  273. Lease of lands not covered by permits or leases; acreage; rental  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. ( Apr. 17, 1926, ch. 158,  3 44 Stat. 301  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437  274. Lands containing coal or other minerals  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. ( Apr. 17, 1926, ch. 158,  4 44 Stat. 302  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437  275. Laws applicable  The general provisions of sections 181 to 184, 185 to 188, 189 to 192, 193, and 194 1 1 section 184 of this title ( Apr. 17, 1926, ch. 158,  5 44 Stat. 302  Editorial Notes  References in Text Section 194 of this title Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 644 Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437  276. Application of subchapter to Louisiana and New Mexico only  The provisions of this subchapter shall apply only to the States of Louisiana and New Mexico. ( Apr. 17, 1926, ch. 158,  6 44 Stat. 302 July 16, 1932, ch. 498 47 Stat. 701  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437 Amendments 1932Act July 16, 1932 SUBCHAPTER IX POTASH  281. Prospecting permits for chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium; authorization; acreage; lands affected  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 Provided further ( Feb. 7, 1927, ch. 66,  1 44 Stat. 1057  Editorial Notes  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 Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437  282. Leases to permittees of lands showing valuable deposits; royalty  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. ( Feb. 7, 1927, ch. 66,  2 44 Stat. 1057  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437  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  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. ( Feb. 7, 1927, ch. 66,  3 44 Stat. 1057 June 3, 1948, ch. 379,  9 62 Stat. 292  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437 Amendments 1948Act June 3, 1948  284. Lands containing coal or other minerals in addition to potassium deposits; issuance of prospecting permits and leases; covenants in potassium leases  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 Provided further ( Feb. 7, 1927, ch. 66,  4 44 Stat. 1058  Editorial Notes  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 act Feb. 25, 1920, ch. 85 41 Stat. 447 Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437  285. Laws applicable  The general provisions of sections 182 to 184, 185 to 188, 189 to 192, 193, and 194 1 1 ( Feb. 7, 1927, ch. 66,  5 44 Stat. 1058 Aug. 8, 1946, ch. 916,  11 60 Stat. 957  Editorial Notes  References in Text Section 194 of this title Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 644 Codification Provision of this section that section 193 of this title section 193 of this title Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437 Amendments 1946Act Aug. 8, 1946 section 181 of this title Statutory Notes and Related Subsidiaries Savings Provision See note set out under section 181 of this title  286. Disposition of royalties and rents from potassium leases  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: 5212 per centum to the Reclamation Fund, 10 per centum to the Treasury of the United States as miscellaneous receipts, and 3712 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. ( Feb. 7, 1927, ch. 66,  6 44 Stat. 1058 June 1, 1948, ch. 356 62 Stat. 279  Editorial Notes  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 act Oct. 2, 1917, ch. 62 40 Stat. 297 act Feb. 7, 1927, ch. 66,  6 44 Stat. 1058 Codification Section is composed of the second sentence of section 6 of act Feb. 7, 1927 June 1, 1948 Jan. 1, 1926 Feb. 7, 1927 Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437  287. Extension of prospecting permits  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. ( Feb. 7, 1927, ch. 66,  7 May 7, 1932, ch. 174 47 Stat. 151  Editorial Notes Codification Section was not enacted as part of act Feb. 25, 1920, ch. 85 41 Stat. 437 CHAPTER 4 LEASE OF GOLD, SILVER, OR QUICKSILVER DEPOSITS WHEN TITLE CONFIRMED BY COURT OF PRIVATE LAND CLAIMS    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.  291. Lease of gold, silver, or quicksilver deposits on lands title to which confirmed by Court of Private Land Claims  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. ( June 8, 1926, ch. 503,  1 44 Stat. 710  292. Royalties and rentals; disposition  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 1212 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 ( June 8, 1926, ch. 503,  2 44 Stat. 710  293. Duties of Secretary of the Interior  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. ( June 8, 1926, ch. 503,  3 44 Stat. 710 CHAPTER 5 LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND OTHER RIGHTS-OF-WAY    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.  301. Authorization for lease of oil and gas deposits; by and to whom leased  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 ( May 21, 1930, ch. 307,  1 46 Stat. 373  302. Assignment of lease; subletting  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. ( May 21, 1930, ch. 307,  2 46 Stat. 373  303. Conditions precedent to award of lease; preferred class; bidding  Prior to the award of any lease under section 301 of this title ( May 21, 1930, ch. 307,  3 46 Stat. 374  304. Provisions authorized in lease  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. ( May 21, 1930, ch. 307,  4 46 Stat. 374  305. Royalties under lease  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 1212 per centum in amount or value of the production, nor for more than twenty years: Provided Provided further ( May 21, 1930, ch. 307,  5 46 Stat. 374  306. Rules and regulations  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. ( May 21, 1930, ch. 307,  6 46 Stat. 374 CHAPTER 6 SYNTHETIC LIQUID FUEL DEMONSTRATION PLANTS  321 to 325. Omitted  Editorial Notes Codification Section 321, acts Apr. 5, 1944, ch. 172,  1 58 Stat. 190 Mar. 15, 1948, ch. 117 62 Stat. 79 Sept. 22, 1950, ch. 988,  1 64 Stat. 905 Section 322, act Apr. 5, 1944, ch. 172,  2 58 Stat. 190 Section 323, acts Apr. 5, 1944, ch. 172,  3 58 Stat. 191 Oct. 31, 1951, ch. 654,  4(2) 65 Stat. 709 Section 324, act Apr. 5, 1944, ch. 172,  4 58 Stat. 191 Section 325, act Apr. 5, 1944, ch. 172,  5 58 Stat. 191 Statutory Notes and Related Subsidiaries Authorization of Appropriations Act Apr. 5, 1944, ch. 172,  6 58 Stat. 191 Mar. 15, 1948, ch. 117,  1 62 Stat. 79 Sept. 22, 1950, ch. 988,  1 64 Stat. 905 Morgantown, W. Va., Experiment Station Act Sept. 22, 1950, ch. 988,  2 64 Stat. 905 CHAPTER 7 LEASE OF MINERAL DEPOSITS WITHIN ACQUIRED LANDS    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.  351. Definitions  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 October 20, 1914 38 Stat. 741 February 25, 1920 41 Stat. 437 April 17, 1926 44 Stat. 301 February 7, 1927 44 Stat. 1057 ( Aug. 7, 1947, ch. 513,  2 61 Stat. 913 Pub. L. 9778,  1(9)(a) Nov. 16, 1981 95 Stat. 1072  Editorial Notes  References in Text Act of March 1, 1911 act Mar. 1, 1911, ch. 186 36 Stat. 961 section 552 of Title 16 Act of October 20, 1914 act Oct. 20, 1914, ch. 330 38 Stat. 741 Pub. L. 86252,  1 Sept. 9, 1959 73 Stat. 490 Act of February 25, 1920 act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of this title Act of April 17, 1926 act Apr. 17, 1926, ch. 158 44 Stat. 301 Act of February 7, 1927 act Feb. 7, 1927, ch. 66 44 Stat. 1057 Amendments 1981 Pub. L. 9778 Statutory Notes and Related Subsidiaries Short Title Act Aug. 7, 1947, ch. 513,  1 61 Stat. 913 That this Act [enacting this chapter] may be cited as the Mineral Leasing Act for Acquired Lands. 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. Executive Documents Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  352. Deposits subject to lease; consent of department heads; lands excluded  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 1 1 Provided ( Aug. 7, 1947, ch. 513,  3 61 Stat. 914 Pub. L. 94377,  12 Aug. 4, 1976 90 Stat. 1090 Pub. L. 9778,  1(9)(b) Nov. 16, 1981 95 Stat. 1072  Editorial Notes  References in Text The Surplus Property Act of October 3, 1944 act Oct. 3, 1944, ch. 479 58 Stat. 765 July 1, 1949 act June 30, 1949, ch. 288, title VI,  602(a)(1) 63 Stat. 399 Sept. 5, 1950, ch. 849,  6(a) 64 Stat. 583 section 545 of Title 40 Pub. L. 103272 July 5, 1994 108 Stat. 12781280 act June 7, 1939, ch. 190,  6(e) act July 23, 1946, ch. 590 60 Stat. 599 act June 25, 1948, ch. 645,  21 62 Stat. 862 Sept. 1, 1948 section 3287 of Title 18 Pub. L. 87256,  111(a)(1) Sept. 21, 1961 75 Stat. 538 Pub. L. 107217 Aug. 21, 2002 116 Stat. 1062 Subchapter VIII ( 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 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 Amendments 1981 Pub. L. 9778 1976 Pub. L. 94377 Statutory Notes and Related Subsidiaries 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.  353. Sale of lands unaffected; reservation of mineral rights; sale subject to prior lease; naval petroleum reserves unaffected  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 Provided further ( Aug. 7, 1947, ch. 513,  4 61 Stat. 914 Pub. L. 115232, div. A, title VIII,  809(i)(2) Aug. 13, 2018 132 Stat. 1843  Editorial Notes Amendments 2018 Pub. L. 115232 June 30, 1938 32 Stat. 1252 June 4, 1920 41 Stat. 813 Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Amendment by Pub. L. 115232 Feb. 1, 2019 section 800 of Pub. L. 115232 section 3001 of Title 10  354. Lease of partial or future interests in deposits  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 ( Aug. 7, 1947, ch. 513,  5 61 Stat. 914  355. Disposition of receipts (a) Subject to the provisions of section 35(b) of the Mineral Leasing Act ( 30 U.S.C. 191(b) Provided, however section 35 of the Act of February 25, 1920 41 Stat. 450 30 U.S.C. 191 30 U.S.C. 181 (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 1 1 ( Aug. 7, 1947, ch. 513,  6 61 Stat. 915 Pub. L. 9794,  1 Dec. 17, 1981 95 Stat. 1205 Pub. L. 102486, title XXV,  2506(a) Oct. 24, 1992 106 Stat. 3106 Pub. L. 10366, title X,  10202(a) Aug. 10, 1993 107 Stat. 408 Pub. L. 10776, title VII,  751(e)(2) Nov. 28, 2001 115 Stat. 739  Editorial Notes  References in Text The Mineral Leasing Act, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of this title Section 1721 of this title section 1721 of this title section 191 of this title Amendments 2001Subsec. (b). Pub. L. 10776 section 520 of title 16 1993Subsec. (a). Pub. L. 10366 30 U.S.C. 191(b) 1992 Pub. L. 102486 1981 Pub. L. 9794 section 35 of the Act of February 25, 1920 Statutory Notes and Related Subsidiaries Effective Date of 1981 Amendment Pub. L. 9794,  2 Dec. 17, 1981 95 Stat. 1205 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.  356. Furnishing description of lands and title documents; recordation of documents; authenticated copies  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 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. ( Aug. 7, 1947, ch. 513,  7 61 Stat. 915  Statutory Notes and Related Subsidiaries  Transfer of Functions See note set out under section 1 of this title  357. State or local government rights; taxation  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. ( Aug. 7, 1947, ch. 513,  8 61 Stat. 915  358. Rights under prior leases; priority of pending applications; exchange of leases  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 August 7, 1947 August 7, 1947 ( Aug. 7, 1947, ch. 513,  9 61 Stat. 915  Statutory Notes and Related Subsidiaries 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.  359. Rules and regulations  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. ( Aug. 7, 1947, ch. 513,  10 61 Stat. 915  Editorial Notes  References in Text For definition of mineral leasing laws, see section 351 of this title Statutory Notes and Related Subsidiaries  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 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981  360. Authority to manage certain mineral leases  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 October 24, 1992 October 24, 1992 section 355 of this title ( Aug. 7, 1947, ch. 513,  11 Pub. L. 102486, title XXV,  2506(b) Oct. 24, 1992 106 Stat. 3106 CHAPTER 8 DEVELOPMENT OF LIGNITE COAL RESOURCES    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.  401. Establishment of research laboratory; duties  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. ( Mar. 25, 1948, ch. 146,  1 62 Stat. 85  Editorial Notes  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 Statutory Notes and Related Subsidiaries Appropriations Act Mar. 25, 1948, ch. 146,  5 62 Stat. 85 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.  402. Acquisition of lands and property; utilization of voluntary services; cooperation with other Federal, State, and private agencies  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. ( Mar. 25, 1948, ch. 146,  2 62 Stat. 85  Statutory Notes and Related Subsidiaries  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  403. Repealed. Pub. L. 93608,  1(12) Jan. 2, 1975 88 Stat. 1969   Section, act Mar. 25, 1948, ch. 146,  3 62 Stat. 85  404. Establishment of an advisory committee; composition and appointment  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. ( Mar. 25, 1948, ch. 146,  4 62 Stat. 85  Statutory Notes and Related Subsidiaries  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 Termination of Advisory Committees Advisory committees in existence on Jan. 5, 1973 Jan. 5, 1973 Jan. 5, 1973 section 1013 of Title 5 CHAPTER 9 RARE AND PRECIOUS METALS EXPERIMENT STATION    Sec.  411. Establishment and operation of experimental plant.  412. Acquisition of lands and interests; acceptance of money and property; disposition and use of money.  411. Establishment and operation of experimental plant  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. ( June 21, 1950, ch. 338,  1 64 Stat. 248 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted in text for Bureau of Mines pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title Appropriations Act June 21, 1950, ch. 338,  3 64 Stat. 248 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.  412. Acquisition of lands and interests; acceptance of money and property; disposition and use of money  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. ( June 21, 1950, ch. 338,  2 64 Stat. 248 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted in text for Bureau of Mines pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title CHAPTER 10 COAL MINE SAFETY  Statutory Notes and Related Subsidiaries Repeal of Chapter Chapter repealed by Pub. L. 91173, title V,  509 Dec. 30, 1969 83 Stat. 803 Pub. L. 91173 Dec. 30, 1969  451 to 460, 471 to 483. Repealed. Pub. L. 91173, title V,  509 Dec. 30, 1969 83 Stat. 803   Section 451, act May 7, 1941, ch. 87 55 Stat. 177 July 16, 1952, ch. 877,  4(4) 66 Stat. 710  Section 452, act May 7, 1941, ch. 87, title I,  102 55 Stat. 178 July 16, 1952, ch. 877,  4(3) 66 Stat. 710  Section 453, act May 7, 1941, ch. 87, title I,  103 55 Stat. 178 July 16, 1952, ch. 877,  4(5) 66 Stat. 710  Section 454, act May 7, 1941, ch. 87, title I,  104 55 Stat. 178 July 16, 1952, ch. 877,  4(5) 66 Stat. 709  Section 455, act May 7, 1941, ch. 87, title I,  105 55 Stat. 178 July 16, 1952, ch. 877 66 Stat. 709  Section 456, act May 7, 1941, ch. 87, title I,  106 55 Stat. 178 July 16, 1952, ch. 877,  4(3) 66 Stat. 710  Section 457, act May 7, 1941, ch. 87, title I,  107 55 Stat. 179 July 16, 1952, ch. 877,  4(3) 66 Stat. 710  Section 458, act May 7, 1941, ch. 87, title I,  108 55 Stat. 179 July 16, 1952, ch. 877,  4(3) 66 Stat. 710  Section 459, act May 7, 1941, ch. 87, title I,  109 55 Stat. 179 Oct. 28, 1949, ch. 782,  1106(a) 63 Stat. 972 July 16, 1952, ch. 877,  4(3) 66 Stat. 710  Section 460, act May 7, 1941, ch. 87, title I,  111 55 Stat. 179 July 16, 1952, ch. 877,  4(3) 66 Stat. 710  Section 471, act May 7, 1941, ch. 87, title II,  201 July 16, 1952, ch. 877,  1 66 Stat. 692 Mar. 26, 1966 Pub. L. 89376,  2(a) 80 Stat. 84  Section 472, act May 7, 1941, ch. 87, title II,  202 July 16, 1952, ch. 877,  1 66 Stat. 693 Mar. 26, 1966 Pub. L. 89376,  3(b) 80 Stat. 87  Section 473, act May 7, 1941, ch. 87, title II,  203 July 16, 1952, ch. 877,  1 66 Stat. 694 Mar. 26, 1966 Pub. L. 89376,  3(a) 80 Stat. 85  Section 474, act May 7, 1941, ch. 87, title II,  204 July 16, 1952, ch. 877,  1 66 Stat. 696  Section 475, act May 7, 1941, ch. 87, title II,  205 July 16, 1952, ch. 877,  1 66 Stat. 697 Mar. 26, 1966 Pub. L. 89376,  3(c) 80 Stat. 87  Section 476, act May 7, 1941, ch. 87, title II,  206 July 16, 1952, ch. 877,  1 66 Stat. 699 Mar. 26, 1966 Pub. L. 89376,  3(e) 80 Stat. 88  Section 477, act May 7, 1941, ch. 87, title II,  207 July 16, 1952, ch. 877,  1 66 Stat. 700 June 11, 1960 Pub. L. 86507,  1(22) 74 Stat. 201 Mar. 26, 1966 Pub. L. 89376,  3(f) 80 Stat. 90  Section 478, act May 7, 1941, ch. 87, title II,  208 July 16, 1952, ch. 877,  1 66 Stat. 702 June 11, 1960 Pub. L. 86507,  1(24) 74 Stat. 201  Section 479, act May 7, 1941, ch. 87, title II,  209 July 16, 1952, ch. 877,  1 66 Stat. 703  Section 480, act May 7, 1941, ch. 87, title II,  210 July 16, 1952, ch. 877,  1 66 Stat. 708 Mar. 26, 1966 Pub. L. 89376,  4 80 Stat. 91  Section 481, act May 7, 1941, ch. 87, title II,  211 July 16, 1952, ch. 877,  1 66 Stat. 708  Section 482, act May 7, 1941, ch. 87, title II,  212 July 16, 1952, ch. 877,  1 66 Stat. 709 Mar. 26, 1966 Pub. L. 89376,  5 80 Stat. 91  Section 483, act May 7, 1941, ch. 87, title II,  213 July 16, 1952, ch. 877,  1 66 Stat. 709  For subject matter formerly contained in this chapter, see section 801 et seq. of this title. CHAPTER 11 MINING CLAIMS ON LANDS SUBJECT TO MINERAL LEASING LAWS    Sec.  501. Mining claims located between July 31, 1939 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.  501. Mining claims located between July 31, 1939 January 1, 1953 (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 January 1, 1953 (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 August 12, 1953 (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 ( Aug. 12, 1953, ch. 405,  1 67 Stat. 539  502. Reservation of minerals to the United States; rights of entry, disposition and removal  Any mining claim given force and effect as provided in section 501 of this title August 12, 1953 ( Aug. 12, 1953, ch. 405,  2 67 Stat. 539  Editorial Notes  References in Text For definition of mineral leasing laws, see section 505 of this title  503. Reservations required by law; atomic energy materials  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. ( Aug. 12, 1953, ch. 405,  3 67 Stat. 540  Editorial Notes  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  504. Power to make arrangements respecting atomic energy materials as unaffected  Except as this chapter provides for (a) validation of certain mining claims located on lands described in section 501 of this title ( Aug. 12, 1953, ch. 405,  4 67 Stat. 540  Editorial Notes  References in Text Section 5(b)(1) of the Atomic Energy Act of 1946, referred to in text, was formerly classified to section 1805(b)(1) of Title 42 section 2014(z) of Title 42 Statutory Notes and Related Subsidiaries  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.  505. Mineral leasing laws defined  As used in this chapter mineral leasing laws shall mean the Act of October 20, 1914 38 Stat. 741 February 25, 1920 41 Stat. 437 30 U.S.C. 181 April 17, 1926 44 Stat. 301 30 U.S.C. 271 February 7, 1927 44 Stat. 1057 30 U.S.C. 281 ( Aug. 12, 1953, ch. 405,  5 67 Stat. 540  Editorial Notes  References in Text Act of October 20, 1914 act Oct. 20, 1914, ch. 330 38 Stat. 741 Pub. L. 86252,  1 Sept. 9, 1959 73 Stat. 490 Act of February 25, 1920 act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of this title Act of April 17, 1926 act Apr. 17, 1926, ch. 158 44 Stat. 301 Act of February 7, 1927 act Feb. 7, 1927, ch. 66 44 Stat. 1057 CHAPTER 12 MULTIPLE MINERAL DEVELOPMENT OF THE SAME TRACTS    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.  521. Mineral leasing claims (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 February 10, 1954 (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 January 1, 1953 And provided further December 31, 1952 February 10, 1954 August 13, 1954 (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 ( Aug. 13, 1954, ch. 730,  1 68 Stat. 708  Statutory Notes and Related Subsidiaries Short Title Act Aug. 13, 1954 section 1805 of Title 42 section 1805 of Title 42  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. Separability Act Aug. 13, 1954, ch. 730,  13 68 Stat. 717 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.  522. Conflicting periods of location of claims (a) If any mining claim which shall have been located subsequent to December 31, 1952 December 11, 1953 January 1, 1953 December 31, 1952 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 August 13, 1954 ( Aug. 13, 1954, ch. 730,  2 68 Stat. 709  523. Uranium leases (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 (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 August 13, 1954 (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 ( Aug. 13, 1954, ch. 730,  3 68 Stat. 709  Statutory Notes and Related Subsidiaries  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.  524. Reservation of minerals to United States 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 section 526 of this title (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. ( Aug. 13, 1954, ch. 730,  4 68 Stat. 710  525. Future location of claims on mineral lands 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. ( Aug. 13, 1954, ch. 730,  5 68 Stat. 710  526. Mining and Leasing Act operations (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 partys improvements, workings, facilities, or with the utilization thereof shall result from such partys 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 attorneys 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. ( Aug. 13, 1954, ch. 730,  6 68 Stat. 710  527. Determination of unpatented mining claims  (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 companys, abstractors, or attorneys 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 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 companys or title abstractors or attorneys 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 persons 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 (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 claimants 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 claimants 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. ( Aug. 13, 1954, ch. 730,  7 68 Stat. 711 Pub. L. 86507,  1(25) June 11, 1960 74 Stat. 201  Editorial Notes Amendments 1960Subsec. (a). Pub. L. 86507  528. Waiver and relinquishment of mineral rights  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 ( Aug. 13, 1954, ch. 730,  8 68 Stat. 715  529. Helium lands subject to entry  Lands withdrawn from the public domain which are within (a) Helium Reserve Numbered 1, pursuant to Executive orders of March 21, 1924 January 28, 1926 June 26, 1933 30 U.S.C. 181 Provided And provided further ( Aug. 13, 1954, ch. 730,  9 68 Stat. 715  Editorial Notes  References in Text The Mineral Leasing Act, referred to in text, is act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of this title  530. Definitions  As used in this chapter mineral leasing laws shall mean the Act of February 25, 1920 41 Stat. 437 30 U.S.C. 181 April 17, 1926 44 Stat. 301 30 U.S.C. 271 February 7, 1927 44 Stat. 1057 30 U.S.C. 281 30 U.S.C. 1001 August 13, 1954 August 1, 1946 60 Stat. 755 42 U.S.C. 2011 ( Aug. 13, 1954, ch. 730,  11 68 Stat. 716 Pub. L. 91581,  26 Dec. 24, 1970 84 Stat. 1573 Pub. L. 10958, title II,  236(24) Aug. 8, 2005 119 Stat. 673  Editorial Notes  References in Text Act of February 25, 1920 act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of this title Act of April 17, 1926 act Apr. 17, 1926, ch. 158 44 Stat. 301 Act of February 7, 1927 act Feb. 7, 1927, ch. 66 44 Stat. 1057 The Geothermal Steam Act of 1970, referred to in text, is Pub. L. 91581 Dec. 24, 1970 84 Stat. 1566 section 1001 of this title The effective date of the Geothermal Steam Act of 1970, referred to in text, probably means the date of enactment of Pub. L. 91581 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 act Aug. 30, 1954, ch. 1073 68 Stat. 919 section 2011 of Title 42 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 section 2014(z) of Title 42 Amendments 2005 Pub. L. 10958 Pub. L. 91581,  26 1970 Pub. L. 91581,  26 Pub. L. 10958 October 20, 1914 Statutory Notes and Related Subsidiaries  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.  531. Approval of United States officials  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. ( Aug. 13, 1954, ch. 730,  12 68 Stat. 717 CHAPTER 12A ENTRY AND LOCATION ON COAL LANDS ON DISCOVERY OF SOURCE MATERIAL    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  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.  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  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 Provided further section 541e of this title ( Aug. 11, 1955, ch. 795,  1 69 Stat. 679  541a. Claims located prior to May 25, 1955  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 May 25, 1955 section 541 of this title Provided And provided further August 11, 1955 ( Aug. 11, 1955, ch. 795,  2 69 Stat. 679  Statutory Notes and Related Subsidiaries Extension of Time for Annual Assessment Work Act June 29, 1956, ch. 478 70 Stat. 438 Pub. L. 8568 June 29, 1957 71 Stat. 226 July 1, 1955 July 1, 1958 section 28 of this title July 1, 1956 July 1, 1958 section 28 of this title  541b. Mining, removal, and disposal of lignite  Subject to the provisos of section 541a of this title section 541 of this title section 541 of this title 42 U.S.C. 2011 section 541 of this title Provided ( Aug. 11, 1955, ch. 795,  3 69 Stat. 680  Editorial Notes  References in Text The Atomic Energy Act of 1954, referred to in text, is act Aug. 1, 1946, ch. 724 act Aug. 30, 1954, ch. 1073,  1 68 Stat. 919 section 2011 of Title 42 The 1872 Mining Act, as amended, referred to in text, is act May 10, 1872, ch. 152 17 Stat. 91  541c. Lands where coal deposits have been reserved to the United States  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 section 541 of this title 42 U.S.C. 2011 section 541 of this title ( Aug. 11, 1955, ch. 795,  4 69 Stat. 680  Editorial Notes  References in Text The Atomic Energy Act of 1954, referred to in text, is act Aug. 1, 1946, ch. 724 act Aug. 30, 1954, ch. 1073,  1 68 Stat. 919 section 2011 of Title 42  541d. Location of source materials by holders of coal leases  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 42 U.S.C. 2011 Provided section 541c of this title ( Aug. 11, 1955, ch. 795,  5 69 Stat. 680  Editorial Notes  References in Text The Atomic Energy Act of 1954, referred to in text, is act Aug. 1, 1946, ch. 724 act Aug. 30, 1954, ch. 1073,  1 68 Stat. 919 section 2011 of Title 42  541e. Definitions  As used in this chapter mineral leasing laws shall mean the Act of October 20, 1914 38 Stat. 741 February 25, 1920 41 Stat. 437 30 U.S.C. 181 April 17, 1926 44 Stat. 301 30 U.S.C. 271 February 7, 1927 44 Stat. 1057 30 U.S.C. 281 August 11, 1955 section 2091 of title 42 ( Aug. 11, 1955, ch. 795,  6 69 Stat. 680  Editorial Notes  References in Text Act of October 20, 1914 act Oct. 20, 1914, ch. 330 38 Stat. 741 Pub. L. 86252,  1 Sept. 9, 1959 73 Stat. 490 Act of February 25, 1920 act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of this title Act of April 17, 1926 act Apr. 17, 1926, ch. 158 44 Stat. 301 Act of February 7, 1927 act Feb. 7, 1927, ch. 66 44 Stat. 1057 Statutory Notes and Related Subsidiaries  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.  541f. Disbursement of moneys  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 1 1 ( Aug. 11, 1955, ch. 795,  7 69 Stat. 681  Editorial Notes  References in Text Sections 437, 438, and 439 of title 48, referred to in text, were repealed by Pub. L. 86252,  1 Sept. 9, 1959 73 Stat. 490  541g. Rules and regulations  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. ( Aug. 11, 1955, ch. 795,  8 69 Stat. 681  541h. Savings provision  Nothing in this chapter shall be deemed to amend or repeal any provisions of chapter 12 of this title, or any right granted thereunder. ( Aug. 11, 1955, ch. 795,  9 69 Stat. 681  541i. Withdrawal of lands from entry; expiration of claims  Twenty years after August 11, 1955 section 541 of this title Provided August 11, 1955 ( Aug. 11, 1955, ch. 795,  10 69 Stat. 681 CHAPTER 13 CONTROL OF COAL-MINE FIRES    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.  551. Declaration of policy  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. ( Aug. 31, 1954, ch. 1156,  1 68 Stat. 1009  Statutory Notes and Related Subsidiaries Coal Formations Pub. L. 102486, title XXV,  2504(d)(1) Oct. 24, 1992 106 Stat. 3105  (1) In furtherance of the purposes of the Act of August 31, 1954 30 U.S.C. 551558 30 U.S.C. 1235 section 3(b) of the Act of August 31, 1954 30 U.S.C. 553(b) (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  552. Definitions  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. ( Aug. 31, 1954, ch. 1156,  2 68 Stat. 1009  553. Duties of Secretary; surveys, research, etc.; projects The Secretary of the Interior, in order to effectuate the policy declared in section 551 of this title (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. ( Aug. 31, 1954, ch. 1156,  3 68 Stat. 1009  554. Lands subject to chapter The acts authorized in section 553 of this title (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 section 553(a) of this title ( Aug. 31, 1954, ch. 1156,  4 68 Stat. 1009  555. Conditions precedent for aid to non-Federal lands (a) Enactment of local laws; agreements As a condition to the extending of any benefits under section 553(b) of this title (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. ( Aug. 31, 1954, ch. 1156,  5 68 Stat. 1010  556. Administration In carrying out the provisions of section 553 of this title (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 6101 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. ( Aug. 31, 1954, ch. 1156,  6 68 Stat. 1010  Editorial Notes 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. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 In subsec. (b),  section 6101 of title 41 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854  557. Rules and regulations  The Secretary of the Interior may issue rules and regulations to effectuate the purposes of this chapter. ( Aug. 31, 1954, ch. 1156,  7 68 Stat. 1011  558. Authorization of appropriations  There are hereby authorized to be appropriated such sums, 1 1 ( Aug. 31, 1954, ch. 1156,  8 68 Stat. 1011 Pub. L. 102486, title XXV,  2504(d)(3) Oct. 24, 1992 106 Stat. 3106  Editorial Notes Amendments 1992 Pub. L. 102486 CHAPTER 14 ANTHRACITE MINE DRAINAGE AND FLOOD CONTROL    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.  571. Declaration of policy  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. ( July 15, 1955, ch. 369,  1 69 Stat. 352 Pub. L. 87818,  1(1) Oct. 15, 1962 76 Stat. 934  Editorial Notes Amendments 1962 Pub. L. 87818  572. United States contributions to Pennsylvania: authority, conditions, limitations The Secretary of the Interior is authorized, in order to carry out the purposes mentioned in section 571 of this title (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 (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. ( July 15, 1955, ch. 369,  2 69 Stat. 353 Pub. L. 87818,  1(2) Oct. 15, 1962 76 Stat. 934  Editorial Notes Amendments 1962 Pub. L. 87818,  1(2) Subsec. (b). Pub. L. 87818,  1(3) July 31, 1962 Subsec. (c). Pub. L. 87818,  1(4) Subsec. (d). Pub. L. 87818,  1(5) Subsec. (e). Pub. L. 87818,  1(6) Subsec. (f). Pub. L. 87818,  1(7)  573. Statement by Commonwealth for Secretary  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. ( July 15, 1955, ch. 369,  3 69 Stat. 353  574. Hearings; withholding payments  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. ( July 15, 1955, ch. 369,  4 69 Stat. 353  575. Repealed. Pub. L. 105362, title IX,  901(i)(1) Nov. 10, 1998 112 Stat. 3290   Section, acts July 15, 1955, ch. 369,  5 69 Stat. 353 Pub. L. 87818,  1(8) Oct. 15, 1962 76 Stat. 935  576. Authorization of appropriations  There is hereby authorized to be appropriated such amounts as may be necessary to carry out the provisions of this chapter. ( July 15, 1955, ch. 369,  5 69 Stat. 353 Pub. L. 105362, title IX,  901(i)(2) Nov. 10, 1998 112 Stat. 3290  Editorial Notes Prior Provisions A prior section 5 of act July 15, 1955, ch. 369 section 575 of this title Pub. L. 105362,  901(i)(1) CHAPTER 15 SURFACE RESOURCES    SUBCHAPTER IDISPOSAL 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 IIMINING 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. SUBCHAPTER I DISPOSAL OF MATERIALS ON PUBLIC LANDS  601. Rules and regulations governing disposal of materials; payment; removal without charge; lands excluded  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 7 U.S.C. 1010 ( July 31, 1947, ch. 406,  1 61 Stat. 681 July 23, 1955, ch. 375,  1 69 Stat. 367  Editorial Notes  References in Text Subchapter V ( 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 June 24, 1954 68 Stat. 270 Subchapter I ( 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 section 315 of Title 43 The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517 50 Stat. 522 section 1000 of Title 7 Amendments 1955Act July 23, 1955 Statutory Notes and Related Subsidiaries Short Title Act July 31, 1947, ch. 406 61 Stat. 681 Executive Documents  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,  102(e), (f), 203(a), eff. July 1, 1979 93 Stat. 1373 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  602. Bidding; advertising and other notice; conditions for negotiation of contract (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 (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. 96470, title I,  102(a) Oct. 19, 1980 94 Stat. 2237 ( July 31, 1947, ch. 406,  2 61 Stat. 681 Pub. L. 87689,  1 Sept. 25, 1962 76 Stat. 587 Pub. L. 94273,  20 Apr. 21, 1976 90 Stat. 379 Pub. L. 96470, title I,  102(a) Oct. 19, 1980 94 Stat. 2237  Editorial Notes Amendments 1980Subsec. (b). Pub. L. 96470 1976Subsec. (b). Pub. L. 94273 1962 Pub. L. 87689 Executive Documents  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  603. Disposition of moneys from disposal of materials  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 I of chapter 44 of title 43 and subchapter III of chapter 44 of title 43 shall be disposed of in accordance with said subchapters 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 ( July 31, 1947, ch. 406,  3 61 Stat. 681 Aug. 31, 1950, ch. 830 64 Stat. 571 July 23, 1955, ch. 375,  2 69 Stat. 368  Editorial Notes  References in Text Subchapter I of chapter 44 of title 43, referred to in text, was in the original a reference to act Aug. 28, 1937, ch. 876 50 Stat. 874 Subchapter III of chapter 44 of title 43, referred to in text, was in the original a reference to act June 24, 1954, ch. 357 68 Stat. 270 Act of March 4, 1915 38 Stat. 1214 act Mar. 4, 1915, ch. 181 38 Stat. 1214 section 353 of Title 48 Pub. L. 85508,  6(k) July 7, 1958 72 Stat. 343 Amendments 1955Act July 23, 1955 1950Act Aug. 31, 1950 Executive Documents  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 Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48  604. Disposal of sand, peat moss, etc., in Alaska; contracts  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. ( July 31, 1947, ch. 406,  4 Aug. 31, 1950, ch. 830 64 Stat. 572  Executive Documents  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 Admission of Alaska as State Admission of Alaska into the Union was accomplished Jan. 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 SUBCHAPTER II MINING LOCATIONS  611. Common varieties of sand, stone, gravel, pumice, pumicite, or cinders, and petrified wood  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 ( July 23, 1955, ch. 375,  3 69 Stat. 368 Pub. L. 87713,  1 Sept. 28, 1962 76 Stat. 652  Editorial Notes Amendments 1962 Pub. L. 87713 Statutory Notes and Related Subsidiaries Regulations for Removal of Limited Quantities of Petrified Wood Pub. L. 87713,  2 Sept. 28, 1962 76 Stat. 652 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.  612. Unpatented mining claims (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 Provided further Provided further (c) Severance or removal of timber Except to the extent required for the mining claimants 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 the preceding subsection (b). 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. ( July 23, 1955, ch. 375,  4 69 Stat. 368  613. Procedure for determining title uncertainties  (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 companys abstractors, or attorneys 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 section 612 of this title section 612 of this title 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 companys or title abstractors or attorneys 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 persons 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 section 612 of this title section 612 of this title (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 1 1 (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. ( July 23, 1955, ch. 375,  5 69 Stat. 369 Pub. L. 86507,  1(26) June 11, 1960 74 Stat. 201  Editorial Notes Amendments 1960Subsec. (a). Pub. L. 86507  614. Waiver of rights  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 section 612 of this title July 23, 1955 ( July 23, 1955, ch. 375,  6 69 Stat. 372  615. Limitation of existing rights  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 section 614 of this title ( July 23, 1955, ch. 375,  7 69 Stat. 372 CHAPTER 16 MINERAL DEVELOPMENT OF LANDS WITHDRAWN FOR POWER DEVELOPMENT    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.  621. Entry to lands reserved for power development (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 Provided further April 8, 1948 And provided further 16 U.S.C. 791a (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 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. ( Aug. 11, 1955, ch. 797,  2 69 Stat. 682 Pub. L. 86507,  1(27) June 11, 1960 74 Stat. 202 Pub. L. 9591, title IV,  402(a)(1)(A) Aug. 4, 1977 91 Stat. 584  Editorial Notes  References in Text Act of April 8, 1948 act Apr. 8, 1948, ch. 179 62 Stat. 162 The Federal Power Act, referred to in subsec. (a), is act June 10, 1920, ch. 285 41 Stat. 1063 section 791a of Title 16 Amendments 1960Subsec. (b). Pub. L. 86507 Short Title Act Aug. 11, 1955, ch. 797,  1 69 Stat. 681 That this Act [enacting this chapter] may be cited as the Mining Claims Rights Restoration Act of 1955. Statutory Notes and Related Subsidiaries  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. 9591 16 U.S.C. 791a  622. Liability for damage, destruction, or loss of claim  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 ( Aug. 11, 1955, ch. 797,  3 69 Stat. 682  623. Recording and reporting of unpatented claims; time  The owner of any unpatented mining claim located on land described in section 621 of this title August 11, 1955 ( Aug. 11, 1955, ch. 797,  4 69 Stat. 683  624. Protection of existing valid claims  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 ( Aug. 11, 1955, ch. 797,  5 69 Stat. 683  625. Prohibition of unspecified use  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 section 621 of this title ( Aug. 11, 1955, ch. 797,  6 69 Stat. 683 CHAPTER 17 EXPLORATION PROGRAM FOR DISCOVERY OF MINERALS    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.  641. Establishment and maintenance of program for exploration; financial assistance  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. ( Pub. L. 85701,  1 Aug. 21, 1958 72 Stat. 700  Statutory Notes and Related Subsidiaries Congressional Declaration of Policy The recital clause of Pub. L. 85701 Aug. 21, 1958 72 Stat. 700 That it is declared to be the policy of the Congress to stimulate exploration for minerals within the United States, its Territories and possessions.  642. Exploration contracts (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 paragraph (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 Provided further (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. ( Pub. L. 85701,  2 Aug. 21, 1958 72 Stat. 700  643. Exploration defined  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. ( Pub. L. 85701,  3 Aug. 21, 1958 72 Stat. 701  644. Advice and assistance by Government departments and agencies; expenditure of funds  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. ( Pub. L. 85701,  4 Aug. 21, 1958 72 Stat. 701  645. Repealed. Pub. L. 93608,  1(13) Jan. 2, 1975 88 Stat. 1969   Section, Pub. L. 85701,  5 Aug. 21, 1958 72 Stat. 701 Pub. L. 89348,  2(5) Nov. 8, 1965 79 Stat. 1312  646. Authorization of appropriations  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. ( Pub. L. 85701,  6 Aug. 21, 1958 72 Stat. 701 CHAPTER 18 COAL RESEARCH AND DEVELOPMENT    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.  661. Short title; definitions (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. ( Pub. L. 86599,  1 Pub. L. 10958, title X,  1009(a)(1)(A) Aug. 8, 2005 119 Stat. 934  Editorial Notes Prior Provisions A prior section 661, Pub. L. 86599,  1 July 7, 1960 74 Stat. 336 Pub. L. 10958, title X,  1009(a)(1)(A) Aug. 8, 2005 119 Stat. 934  662. Powers and duties of Secretary 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. ( Pub. L. 86599,  2 July 7, 1960 74 Stat. 336 Pub. L. 10958, title X,  1009(a)(1)(B) Aug. 8, 2005 119 Stat. 934  Editorial Notes Amendments 2005 Pub. L. 10958 Statutory Notes and Related Subsidiaries Termination of Advisory Committees Advisory committees in existence on Jan. 5, 1973 Jan. 5, 1973 Jan. 5, 1973 section 1013 of Title 5  663, 664. Repealed. Pub. L. 10958, title X,  1009(a)(1)(C) Aug. 8, 2005 119 Stat. 934   Section 663, Pub. L. 86599,  3 July 7, 1960 74 Stat. 336  Section 664, Pub. L. 86599,  4 July 7, 1960 74 Stat. 336  665. Sites for conducting research; availability of personnel and facilities  Research authorized by this chapter may be conducted wherever suitable personnel and facilities are available. ( Pub. L. 86599,  3 July 7, 1960 74 Stat. 337 Pub. L. 10958, title X,  1009(a)(1)(D) Aug. 8, 2005 119 Stat. 934  Editorial Notes Prior Provisions A prior section 3 of Pub. L. 86599 section 663 of this title Pub. L. 10958,  1009(a)(1)(C)  666. Public-availability requirement; national defense; patent agreements  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. ( Pub. L. 86599,  4 July 7, 1960 74 Stat. 337 Pub. L. 10958, title X,  1009(a)(1)(D) Aug. 8, 2005 119 Stat. 934  Editorial Notes Prior Provisions A prior section 4 of Pub. L. 86599 section 664 of this title Pub. L. 10958,  1009(a)(1)(C)  667. Repealed. Pub. L. 10958, title X,  1009(a)(1)(C) Aug. 8, 2005 119 Stat. 934   Section, Pub. L. 86599,  7 July 7, 1960 74 Stat. 337  668. Authorization of appropriations (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 (c) Availability of sums Sums appropriated to carry out the purposes of this chapter shall remain available until expended. ( Pub. L. 86599,  5 July 7, 1960 74 Stat. 337 Pub. L. 10958, title X,  1009(a)(1)(D) Aug. 8, 2005 119 Stat. 934  Editorial Notes Prior Provisions A prior section 5 of Pub. L. 86599 section 665 of this title CHAPTER 19 LEAD AND ZINC STABILIZATION PROGRAM  681 to 689. Omitted  Editorial Notes Codification Section 681, Pub. L. 87347,  1 Oct. 3, 1961 75 Stat. 766 December 31, 1969 Section 682, Pub. L. 87347,  2 Oct. 3, 1961 75 Stat. 766 Pub. L. 89238,  1(1) Oct. 5, 1965 79 Stat. 925 December 31, 1969 Section 683, Pub. L. 87347,  3 Oct. 3, 1961 75 Stat. 767 Pub. L. 89238,  1(2) Oct. 5, 1965 79 Stat. 925 December 31, 1969 Section 684, Pub. L. 87347,  4 Oct. 3, 1961 75 Stat. 767 December 31, 1969 Section 685, Pub. L. 87347,  5 Oct. 3, 1961 75 Stat. 768 December 31, 1969 Section 686, Pub. L. 87347,  6 Oct. 3, 1961 75 Stat. 768 Pub. L. 8875 July 25, 1963 77 Stat. 92 Pub. L. 89238,  1(3) Oct. 5, 1965 79 Stat. 925 December 31, 1969 Section 687, Pub. L. 87347,  7 Oct. 3, 1961 75 Stat. 768 Pub. L. 89238,  1(4) Oct. 5, 1965 79 Stat. 925 Dec. 31, 1969 Mar. 31, 1970 Section 688, Pub. L. 87347,  8 Oct. 3, 1961 75 Stat. 768 December 31, 1969 Section 689, Pub. L. 87347,  9 Oct. 3, 1961 75 Stat. 768 Pub. L. 89238,  1(5) Oct. 5, 1965 79 Stat. 925 December 31, 1969 CHAPTER 20 CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS    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.  701. Authorization to convey; acreage limitations; qualified applicants; payment; qualified officer of the United States defined  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 June 30, 1971 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 ( Pub. L. 87851,  1 Oct. 23, 1962 76 Stat. 1127 Pub. L. 90111,  1 Oct. 23, 1967 81 Stat. 311  Editorial Notes Amendments 1967 Pub. L. 90111 Oct. 23, 1967 June 30, 1971  702. Qualified applicant defined  For the purposes of this chapter a qualified applicant is a residential occupant-owner, as of October 23, 1962 July 23, 1962 ( Pub. L. 87851,  2 Oct. 23, 1962 76 Stat. 1127  703. Withdrawal of lands in aid of a governmental unit  Where the lands for which application is made under section 701 of this title ( Pub. L. 87851,  3 Oct. 23, 1962 76 Stat. 1127  704. Purchase of substitute lands; limitations; conditions; payment; conveyance of less than a fee (a) If the Secretary of the Interior determines that conveyance of an interest under section 701 of this title section 703 of this title section 315f of title 43 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. ( Pub. L. 87851,  4 Oct. 23, 1962 76 Stat. 1127  705. Purchase price of conveyed interest; installment payments  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. ( Pub. L. 87851,  5 Oct. 23, 1962 76 Stat. 1128  706. Liabilities of occupants; trespass; limitations (a) The execution of a conveyance as authorized by section 701 of this title (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 June 30, 1971 ( Pub. L. 87851,  6 Oct. 23, 1962 76 Stat. 1128 Pub. L. 90111,  2 Oct. 23, 1967 81 Stat. 311  Editorial Notes Amendments 1967Subsec. (b). Pub. L. 90111 Oct. 23, 1967 June 30, 1971 section 701 of this title  707. Reservation of mineral rights  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. ( Pub. L. 87851,  7 Oct. 23, 1962 76 Stat. 1128  708. Assignments; succession  Rights and privileges to qualify as an applicant under this chapter shall not be assignable, but may pass through devise or descent. ( Pub. L. 87851,  8 Oct. 23, 1962 76 Stat. 1128  709. Disposition of payments and fees  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. ( Pub. L. 87851,  9 Oct. 23, 1962 76 Stat. 1128 CHAPTER 21 METAL AND NONMETALLIC MINE SAFETY  721 to 740. Repealed. Pub. L. 95164, title III,  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. 95164  Section 721, Pub. L. 89577,  2 Sept. 16, 1966 80 Stat. 772 section 802 of this title  Section 722, Pub. L. 89577,  3 Sept. 16, 1966 80 Stat. 773  Section 723, Pub. L. 89577,  4 Sept. 16, 1966 80 Stat. 773 section 811 of this title  Section 724, Pub. L. 89577,  5 Sept. 16, 1966 80 Stat. 773 section 813 of this title  Section 725, Pub. L. 89577,  6 Sept. 16, 1966 80 Stat. 774 section 811 of this title  Section 726, Pub. L. 89577,  7 Sept. 16, 1966 80 Stat. 775 section 812 of this title  Section 727, Pub. L. 89577,  8 Sept. 16, 1966 80 Stat. 775 section 814 of this title  Section 728, Pub. L. 89577,  9 Sept. 16, 1966 80 Stat. 777 section 815 of this title  Section 729, Pub. L. 89577,  10 Sept. 16, 1966 80 Stat. 778 section 823 of this title  Section 730, Pub. L. 89577,  11 Sept. 16, 1966 80 Stat. 779 section 823 of this title  Section 731, Pub. L. 89577,  12 Sept. 16, 1966 80 Stat. 781 section 816 of this title  Section 732, Pub. L. 89577,  13 Sept. 16, 1966 80 Stat. 782 section 813 of this title  Section 733, Pub. L. 89577,  14 Sept. 16, 1966 80 Stat. 782 section 820 of this title  Section 734, Pub. L. 89577,  15 Sept. 16, 1966 80 Stat. 782 section 825 of this title  Section 735, Pub. L. 89577,  16 Sept. 16, 1966 80 Stat. 782 section 811 of this title  Section 736, Pub. L. 89577,  17 Sept. 16, 1966 80 Stat. 783 section 557a of Title 29  Section 737, Pub. L. 89577,  18 Sept. 16, 1966 80 Stat. 784 section 815 of this title  Section 738, Pub. L. 89577,  19 Sept. 16, 1966 80 Stat. 784 section 811 of this title  Section 739, Pub. L. 89577,  20 Sept. 16, 1966 80 Stat. 784 section 557a of Title 29  Section 740, Pub. L. 89577,  21 Sept. 16, 1966 80 Stat. 784 section 824 of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective 120 days after Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title CHAPTER 22 MINE SAFETY AND HEALTH    Sec.  801. Congressional findings and declaration of purpose.  802. Definitions.  803. Mines subject to coverage.  804. Interim Compliance Panel.  SUBCHAPTER IGENERAL  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 IIINTERIM 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 IIIINTERIM 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 IVBLACK LUNG BENEFITS  Part AGeneral Provisions  901. Congressional findings and declaration of purpose; short title.  902. Definitions.  903. Field offices.  904. Repealed.  Part BClaims 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 CClaims for Benefits After December 31, 1973  931. Benefits under State workmens compensation laws.  932. Failure to meet workmens compensation requirements.  932a. Appointment of qualified individuals to hear and determine claims for benefits.  933. Duties of operators in States not qualifying under workmens 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 VADMINISTRATIVE 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.  966. Retention of fees.  801. Congressional findings and declaration of purpose 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 resourcethe 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 Nations 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 Nations 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 Nations 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. ( Pub. L. 91173,  2 Dec. 30, 1969 83 Stat. 742 Pub. L. 95164, title I,  102(a) Nov. 9, 1977 91 Stat. 1290 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Editorial Notes  References in Text This chapter, referred to in par. (g), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 Amendments 1977Pars. (a) to (d), (f). Pub. L. 95164,  102(a)(1) Par. (g). Pub. L. 95164,  102(a)(1) Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date of 1977 Amendment Pub. L. 95164, title III,  307 Nov. 9, 1977 91 Stat. 1322 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 section 842(e) of this title section 878 of this title Nov. 9, 1977 Effective Date Pub. L. 91173, title V,  509 Dec. 30, 1969 83 Stat. 803 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 Dec. 30, 1969 Short Title of 2006 Amendment Pub. L. 109236,  1 June 15, 2006 120 Stat. 493 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 Short Title of 2002 Amendment Pub. L. 107275,  1 Nov. 2, 2002 116 Stat. 1925 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. 97119, title II,  201(a) Dec. 29, 1981 95 Stat. 1643 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 Short Title of 1978 Amendment Pub. L. 95239,  1 Mar. 1, 1978 92 Stat. 95 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 section 675 of Title 29 Short Title of 1977 Amendment Pub. L. 95164,  1 Nov. 9, 1977 91 Stat. 1290 That this Act [enacting sections 822 to 825 and 961 of this title and section 557a of Title 29 section 1456a of Title 43 section 954 of this title Short Title of 1972 Amendment Pub. L. 92303,  1(a) May 19, 1972 86 Stat. 150 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 Pub. L. 91173,  1 Dec. 30, 1969 83 Stat. 742 Pub. L. 95164, title I,  101 Nov. 9, 1977 91 Stat. 1290 That this Act [which was known as the Federal Coal Mine Health and Safety Act of 1969 prior to the amendment by Pub. L. 95164 section 636 of Title 15 For short title of subchapter IV of this chapter as the Black Lung Benefits Act, see section 901(b) of this title Separability Pub. L. 91173, title V,  510 Dec. 30, 1969 83 Stat. 803 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. 109236,  7 June 15, 2006 120 Stat. 500  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.  802. Definitions 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, 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. ( Pub. L. 91173,  3 Dec. 30, 1969 83 Stat. 743 Pub. L. 95164, title I,  102(b) Nov. 9, 1977 91 Stat. 1290  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1977Par. (a). Pub. L. 95164,  102(b)(1) Par. (d). Pub. L. 95164,  102(b)(2) Pars. (e), (g). Pub. L. 95164,  102(b)(4) Par. (h). Pub. L. 95164,  102(b)(3) Par. (j). Pub. L. 95164,  102(b)(4) Pars. (n), ( o Pub. L. 95164,  102(b)(5) o Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Executive Documents  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  803. Mines subject to coverage  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. ( Pub. L. 91173,  4 Dec. 30, 1969 83 Stat. 744 Pub. L. 95164, title I,  102(c) Nov. 9, 1977 91 Stat. 1291  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1977 Pub. L. 95164 Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title  804. Interim Compliance Panel (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 (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 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. ( Pub. L. 91173,  5 Dec. 30, 1969 83 Stat. 744 Pub. L. 95164, title I,  102(d) Nov. 9, 1977 91 Stat. 1291 Pub. L. 95251,  2(a)(9) Mar. 27, 1978 92 Stat. 183 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695 Pub. L. 100418, title V,  5115(c) Aug. 23, 1988 102 Stat. 1433 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Editorial Notes  References in Text This chapter, referred to in subsecs. (c), (e), and (f)(1), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1988Subsec. (a)(2). Pub. L. 100418 1978Subsec. (e). Pub. L. 95251 1977Subsec. (c). Pub. L. 95164 Statutory Notes and Related Subsidiaries  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. 102285 section 1 of this title 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. 9688 section 3508(b) of Title 20 Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 SUBCHAPTER I GENERAL  811. Mandatory safety and health standards (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 (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 section 812(c) of this title (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 committees 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 (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), 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. ( Pub. L. 91173, title I,  101 Dec. 30, 1969 83 Stat. 745 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1291 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Editorial Notes  References in Text This chapter, referred to in subsec. (a)(1), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1977Subsec. (a). Pub. L. 95164 Subsec. (b). Pub. L. 95164 Subsec. (c). Pub. L. 95164 Subsec. (d). Pub. L. 95164 Subsec. (e). Pub. L. 95164 Subsecs. (f) to (j). Pub. L. 95164 Subsec. (k). Pub. L. 95164 Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title Sealing of Abandoned Areas Pub. L. 109236,  10 June 15, 2006 120 Stat. 501 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  812. Advisory committees (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 GS18 as provided in the General Schedule under section 5332 of title 5 ( Pub. L. 91173, title I,  102 Dec. 30, 1969 83 Stat. 747 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1295 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695 Pub. L. 100418, title V,  5115(c) Aug. 23, 1988 102 Stat. 1433 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Editorial Notes  References in Text This chapter, referred to in subsec. (c), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1988Subsec. (a)(1)(B). Pub. L. 100418 1977Subsec. (a). Pub. L. 95164 Subsec. (b). Pub. L. 95164 Subsec. (c). Pub. L. 95164 Subsec. (d). Pub. L. 95164 Statutory Notes and Related Subsidiaries  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. 102285 section 1 of this title 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. 9688 section 3508(b) of Title 20 Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title Termination of Advisory Committees Advisory committees in existence on Jan. 5, 1973 Jan. 5, 1973 Jan. 5, 1973 section 1013 of Title 5 References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 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,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5 Executive Documents  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 76 Stat. 1253 July 1, 1973 87 Stat. 1089  813. Inspections, investigations, and recordkeeping (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 (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), 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 1 (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 Secretarys 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. ( Pub. L. 91173, title I,  103 Dec. 30, 1969 83 Stat. 749 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1297 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695 Pub. L. 109236,  5(a) June 15, 2006 120 Stat. 498  Editorial Notes  References in Text This chapter, referred to in subsecs. (a), (c), and (e) to (h), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 2006Subsec. (j). Pub. L. 109236 1977Subsec. (a). Pub. L. 95164 Subsec. (b). Pub. L. 95164 Subsecs. (c) to (e). Pub. L. 95164 Subsec. (f). Pub. L. 95164 Subsec. (g). Pub. L. 95164 Subsec. (h). Pub. L. 95164 Subsec. (i). Pub. L. 95164 Subsecs. (j), (k). Pub. L. 95164 Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  814. Citations and orders (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) 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), 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) 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), 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 section 842(a) of this title (g) Untrained miners (1) If, upon any inspection or investigation pursuant to section 813 of this title section 825 of this title 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. ( Pub. L. 91173, title I,  104 Dec. 30, 1969 83 Stat. 750 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1300  Editorial Notes  References in Text This chapter, referred to in subsecs. (a), (d)(1), and (f), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1977Subsec. (a). Pub. L. 95164 Subsec. (b). Pub. L. 95164 Subsec. (c). Pub. L. 95164 Subsec. (d). Pub. L. 95164 Subsec. (e). Pub. L. 95164 Subsec. (f). Pub. L. 95164 Subsec. (g). Pub. L. 95164 Subsec. (h). Pub. L. 95164 Subsec. (i). Pub. L. 95164 Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  815. Procedure for enforcement (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 section 820(a) of this title (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 (B) In determining whether to propose a penalty to be assessed under section 820(b) of this title (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 (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 (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 operators 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 (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 Secretarys 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 1 1 (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 Secretarys 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 section 816 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 section 814 of this title section 814 of this title section 814 of this title section 554 of title 5 section 814 of this title ( Pub. L. 91173, title I,  105 Dec. 30, 1969 83 Stat. 753 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1303  Editorial Notes  References in Text This chapter, referred to in subsec. (c)(1), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1977Subsec. (a). Pub. L. 95164 section 814 of this title Subsec. (b). Pub. L. 95164 Subsec. (c). Pub. L. 95164 Subsec. (d). Pub. L. 95164 Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  816. Judicial review of Commission orders (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 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 (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), is filed within 30 days after issuance of the Commissions order, the Commissions 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 section 820 of this title (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. ( Pub. L. 91173, title I,  106 Dec. 30, 1969 83 Stat. 754 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1306 Pub. L. 98620, title IV,  402(34) Nov. 8, 1984 98 Stat. 3360  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1984Subsec. (a)(1). Pub. L. 98620 1977Subsec. (a)(1). Pub. L. 95164 Subsec. (a)(2). Pub. L. 95164 section 817(a) of this title section 814(a) of this title Subsec. (a)(3). Pub. L. 95164 Subsec. (b). Pub. L. 95164 Subsec. (c). Pub. L. 95164 Subsec. (d). Pub. L. 95164 Subsec. (e). Pub. L. 95164 Subsec. (f). Pub. L. 95164 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98620 Nov. 8, 1984 section 403 of Pub. L. 98620 section 1657 of Title 28 Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  817. Procedures to counteract dangerous conditions (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 section 814 of this title 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 section 554 of title 5 (c) Form and content of orders Orders issued pursuant to subsection (a) 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) may be modified or terminated by an authorized representative of the Secretary. Any order issued under subsection (a) or (b) shall remain in effect until vacated, modified, or terminated by the Secretary, or modified or vacated by the Commission pursuant to subsection (e), 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 (2) The Commission shall take whatever action is necessary to expedite proceedings under this subsection. ( Pub. L. 91173, title I,  107 Dec. 30, 1969 83 Stat. 755 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1307  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1977 Pub. L. 95164 section 819 of this title Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  818. Injunctions (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), the court shall have jurisdiction to provide such relief as may be appropriate. In the case of an action under subsection (a)(2), 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) 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 ( Pub. L. 91173, title I,  108 Dec. 30, 1969 83 Stat. 756 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1309 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695 Pub. L. 109236,  9 June 15, 2006 120 Stat. 501  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(1)(A), (B), (E), (F), (2) and (b), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title 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. Amendments 2006Subsec. (a)(1)(A). Pub. L. 109236 1977 Pub. L. 95164 Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  819. Posting of orders and decisions (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. ( Pub. L. 91173, title I,  109 Dec. 30, 1969 83 Stat. 756 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1310  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1977 Pub. L. 95164 section 820 of this title Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  820. Penalties (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 (3) (A) The minimum penalty for any citation or order issued under section 814(d)(1) of this title (B) The minimum penalty for any order issued under section 814(d)(2) of this title (4) Nothing in this subsection shall be construed to prevent an operator from obtaining a review, in accordance with section 816 of this title (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 1 1 (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) or section 815(c) of this title (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 section 817 of this title section 815(c) of this title (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 operators 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 operators 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 (l) Inapplicability to black lung benefit provisions The provisions of this section shall not be applicable with respect to subchapter IV of this chapter. ( Pub. L. 91173, title I,  110 Dec. 30, 1969 83 Stat. 758 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1311 Pub. L. 101508, title III,  3102 Nov. 5, 1990 104 Stat. 138829 Pub. L. 109236,  5(b) June 15, 2006 120 Stat. 498 Pub. L. 109280, title XIII,  1301 Aug. 17, 2006 120 Stat. 1108  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(1), (c) to (f), and (h) to (j), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 2006Subsec. (a). Pub. L. 109280,  1301(2) Pub. L. 109236,  8(a)(1) Pub. L. 109236,  5(b) Subsec. (b). Pub. L. 109280,  1301(3) Pub. L. 109236,  8(a)(2) Subsec. (d). Pub. L. 109280,  1301(2)(B)(ii) Pub. L. 109280,  1301(1) section 814 of this title section 817 of this title section 815(c) of this title 1990Subsec. (a). Pub. L. 101508,  3102(1) Subsec. (b). Pub. L. 101508,  3102(2) 1977 Pub. L. 95164 section 821 of this title Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title Regulations Pub. L. 109236,  8(b) June 15, 2006 120 Stat. 501 Not later than December 30, 2006  821. Entitlement of miners to full compensation  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 section 817 of this title section 814 of this title section 817 of this title section 813 of this title section 814 of this title section 817 of this title section 554 of title 5 ( Pub. L. 91173, title I,  111 Dec. 30, 1969 83 Stat. 759 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1312  Editorial Notes Amendments 1977 Pub. L. 95164 section 813 of this title Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  822. Representation of Secretary in civil litigation by Solicitor of Labor  Except as provided in section 518(a) of title 28 ( Pub. L. 91173, title I,  112 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1313  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Prior Provisions Provisions similar to this section were contained in section 816(f) of this title Pub. L. 95164 Statutory Notes and Related Subsidiaries Effective Date Section effective 120 days after Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title  823. Federal Mine Safety and Health Review Commission (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 (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 Commissions 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 (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 partys 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 Commissions 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 (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. ( Pub. L. 91173, title I,  113 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1313 Jan. 1, 1979 92 Stat. 3783  Editorial Notes  References in Text This chapter, referred to in subsecs. (a), (d), and (e), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title 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. 95164 section 801 of this title Prior Provisions Provisions similar to this section were contained in section 729 of this title Pub. L. 95164 Statutory Notes and Related Subsidiaries Effective Date Section effective 120 days after Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Executive Documents  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,  102, 43 F.R. 36037, 92 Stat. 3783 section 1101 of Title 5 Jan. 1, 1979 Dec. 28, 1978 section 1101 of Title 5  823a. Principal office in District of Columbia; proceedings held elsewhere  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. ( Pub. L. 95164, title III,  302(d) Nov. 9, 1977 91 Stat. 1320  Editorial Notes Codification Section was enacted as part of Pub. L. 95164 Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 Statutory Notes and Related Subsidiaries Effective Date Section effective 120 days after Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title  824. Authorization of appropriations  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. ( Pub. L. 91173, title I,  114 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1315  Statutory Notes and Related Subsidiaries Effective Date Section effective 120 days after Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title  825. Mandatory health and safety training (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) 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 operators 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. ( Pub. L. 91173, title I,  115 Pub. L. 95164, title II,  201 Nov. 9, 1977 91 Stat. 1315 Pub. L. 109236,  4 June 15, 2006 120 Stat. 497  Editorial Notes  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. 95164 section 801 of this title This chapter, referred to in subsec. (a)(1), (2), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 2006Subsec. (e). Pub. L. 109236 Statutory Notes and Related Subsidiaries Effective Date Section effective 120 days after Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title  826. Limitation on certain liability for rescue operations (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 employees legal or statutory employer pursuant to applicable State law. ( Pub. L. 91173, title I,  116 Pub. L. 109236,  3 June 15, 2006 120 Stat. 496  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title SUBCHAPTER II INTERIM MANDATORY HEALTH STANDARDS  841. Mandatory health standards for underground mines; enforcement; review; purpose (a) The provisions of sections 842 through 846 of this title and the applicable provisions of section 878 of this title section 811 of this title section 811 of this title (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. ( Pub. L. 91173, title II,  201 Dec. 30, 1969 83 Stat. 760  Statutory Notes and Related Subsidiaries Effective Date Section operative six months after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  842. Dust concentration and respiratory equipment (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 section 814(i) of this title (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 (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 (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 December 30, 1969 (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 (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 section 811 of this title (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. ( Pub. L. 91173, title II,  202 Dec. 30, 1969 83 Stat. 760 Pub. L. 95164, title II,  202(a) Nov. 9, 1977 91 Stat. 1317 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Editorial Notes  References in Text For the operative date of this subchapter, referred to in subsecs. (b)(1) and (d), see section 509 of Pub. L. 91173 section 801 of this title This chapter, referred to in subsec. (h), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1977Subsec. (e). Pub. L. 95164 Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative six months after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  843. Medical examinations (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 (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 1 1 (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 miners physician or other interested person. Such autopsy shall be paid for by the Secretary of Health and Human Services. ( Pub. L. 91173, title II,  203 Dec. 30, 1969 83 Stat. 763 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title For operative date of this subchapter, referred to in subsec. (b)(1), see section 509 of Pub. L. 91173 section 801 of this title Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date Section operative six months after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  844. Rock dust and gas hazards; controls  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. ( Pub. L. 91173, title II,  204 Dec. 30, 1969 83 Stat. 764 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date Section operative six months after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  845. Dust standards in presence of quartz  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. ( Pub. L. 91173, title II,  205 Dec. 30, 1969 83 Stat. 765 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date Section operative six months after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  846. Noise standards; promulgation of new standards; tests; procedures; protective devices  On and after the operative date of this subchapter, the standards on noise prescribed under chapter 65 of title 41, in effect October 1, 1969 December 30, 1969 section 811 of this title ( Pub. L. 91173, title II,  206 Dec. 30, 1969 83 Stat. 765 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Editorial Notes  References in Text For the operative date of this subchapter, referred to in text, see section 509 of Pub. L. 91173 section 801 of this title Codification In text, chapter 65 of title 41 substituted for the Walsh-Healey Public Contracts Act, as amended on authority of Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854 Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date Section operative six months after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title SUBCHAPTER III INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND COAL MINES  861. Mandatory safety standards for underground mines (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 section 811 of this title (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. ( Pub. L. 91173, title III,  301 Dec. 30, 1969 83 Stat. 765 Pub. L. 95164, title II,  203 Nov. 9, 1977 91 Stat. 1317  Editorial Notes Amendments 1977Subsec. (b). Pub. L. 95164,  203(a) Subsecs. (c), (d). Pub. L. 95164,  203(b) section 553 of title 5 Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  862. Roof support (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. ( Pub. L. 91173, title III,  302 Dec. 30, 1969 83 Stat. 766  Editorial Notes  References in Text For the operative date of this subchapter, referred to in subsec. (a), see section 509 of Pub. L. 91173 section 801 of this title Statutory Notes and Related Subsidiaries Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  863. Ventilation (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 1 (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 (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 (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 (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 (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 (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 (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 (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. ( Pub. L. 91173, title III,  303 Dec. 30, 1969 83 Stat. 767  Editorial Notes  References in Text For the operative date of this subchapter, referred to in subsecs. (b), ( l o section 509 of Pub. L. 91173 section 801 of this title Statutory Notes and Related Subsidiaries Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title Belt Haulage Entries for Ventilation Pub. L. 110161, div. G, title I,  112(a) Dec. 26, 2007 121 Stat. 2168 Not later than June 20, 2008 30 U.S.C. 863(y) Public Law 109236 section 963 of this title December 31, 2008  864. Combustible materials and rock dusting (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. ( Pub. L. 91173, title III,  304 Dec. 30, 1969 83 Stat. 774  Statutory Notes and Related Subsidiaries Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  865. Electrical equipment (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 section 804 of this title (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 (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 wiremans 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. ( Pub. L. 91173, title III,  305 Dec. 30, 1969 83 Stat. 775  Editorial Notes  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. 91173 section 801 of this title Statutory Notes and Related Subsidiaries Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  866. Trailing cables (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. ( Pub. L. 91173, title III,  306 Dec. 30, 1969 83 Stat. 779  Statutory Notes and Related Subsidiaries Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  867. Grounding of equipment (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. ( Pub. L. 91173, title III,  307 Dec. 30, 1969 83 Stat. 780  Editorial Notes  References in Text For the operative date of this subchapter, referred to in subsec. (d), see section 509 of Pub. L. 91173 section 801 of this title Statutory Notes and Related Subsidiaries Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  868. Underground high-voltage distribution (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 (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 wiremans gloves. ( Pub. L. 91173, title III,  308 Dec. 30, 1969 83 Stat. 780  Editorial Notes  References in Text For the operative date of this subchapter, referred to in subsec. (d), see section 509 of Pub. L. 91173 section 801 of this title Statutory Notes and Related Subsidiaries Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  869. Underground low- and medium-voltage alternating current circuits (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. ( Pub. L. 91173, title III,  309 Dec. 30, 1969 83 Stat. 782  Editorial Notes  References in Text For the operative date of this subchapter, referred to in subsecs. (c) and (d), see section 509 of Pub. L. 91173 section 801 of this title Statutory Notes and Related Subsidiaries Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  870. Trolley wires and trolley feeder wires (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. ( Pub. L. 91173, title III,  310 Dec. 30, 1969 83 Stat. 783  Statutory Notes and Related Subsidiaries Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  871. Fire protection (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. ( Pub. L. 91173, title III,  311 Dec. 30, 1969 83 Stat. 783 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Editorial Notes  References in Text For the operative date of this subchapter, referred to subsecs. (a), (e), (g), and (h), see section 509 of Pub. L. 91173 section 801 of this title Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted for Bureau of Mines in subsec. (a) pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  872. Maps (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. ( Pub. L. 91173, title III,  312 Dec. 30, 1969 83 Stat. 785  Editorial Notes  References in Text This chapter, referred to in subsec. (b), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Statutory Notes and Related Subsidiaries Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  873. Blasting and explosives (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. ( Pub. L. 91173, title III,  313 Dec. 30, 1969 83 Stat. 785  Statutory Notes and Related Subsidiaries Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  874. Hoisting and mantrips (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. ( Pub. L. 91173, title III,  314 Dec. 30, 1969 83 Stat. 786  Editorial Notes  References in Text For the operative date of this subchapter, referred to in subsec. (f), see section 509 of Pub. L. 91173 section 801 of this title Statutory Notes and Related Subsidiaries Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  875. Emergency shelters; construction; contents; implementation plans  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. ( Pub. L. 91173, title III,  315 Dec. 30, 1969 83 Stat. 787  Editorial Notes Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title Statutory Notes and Related Subsidiaries Regulations Pub. L. 110161, div. G, title I,  112(b) Dec. 26, 2007 121 Stat. 2168 Not later than June 15, 2008 30 U.S.C. 875 Public Law 109236 120 Stat. 504 December 31, 2008  876. Communication facilities; locations and emergency response plans (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 (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 (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 1 1 (G) Plan dispute resolution (i) In general Any dispute between the Secretary and an operator with respect to the content of the operators 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. ( Pub. L. 91173, title III,  316 Dec. 30, 1969 83 Stat. 787 Pub. L. 109236,  2 June 15, 2006 120 Stat. 493  Editorial Notes  References in Text This chapter, referred to in subsec. (b)(2)(C)(iv), (H), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 2006 Pub. L. 109236 Statutory Notes and Related Subsidiaries Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  877. General safety provisions (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 (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. ( Pub. L. 91173, title III,  317 Dec. 30, 1969 83 Stat. 787 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Editorial Notes  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. 91173 section 801 of this title This chapter, referred to in subsec. (i), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title  878. Definitions 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 2 (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 (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. 95164, title II,  202(b) Nov. 9, 1977 91 Stat. 1317 (l) coal mine includes areas of adjoining mines connected underground. ( Pub. L. 91173, title III,  318 Dec. 30, 1969 83 Stat. 791 Pub. L. 95164, title II,  202(b) Nov. 9, 1977 91 Stat. 1317 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Editorial Notes  References in Text This chapter, referred to in par. (b)(1), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title For the operative date of this subchapter, referred to in par. (i), see section 509 of Pub. L. 91173 section 801 of this title Amendments 1977Par. (k). Pub. L. 95164 Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted for Bureau of Mines in par. (i) pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Section operative 90 days after Dec. 30, 1969 Pub. L. 91173 section 509 of Pub. L. 91173 section 801 of this title SUBCHAPTER IV BLACK LUNG BENEFITS Part A General Provisions  901. Congressional findings and declaration of purpose; short title (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 Nations 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. ( Pub. L. 91173, title IV,  401 Dec. 30, 1969 83 Stat. 792 Pub. L. 92303 May 19, 1972 86 Stat. 153 Pub. L. 95239,  16 Mar. 1, 1978 92 Stat. 105 Pub. L. 97119, title II,  203(a)(4) Dec. 29, 1981 95 Stat. 1644  Editorial Notes Amendments 1981Subsec. (a). Pub. L. 97119 1978 Pub. L. 95239 1972 Pub. L. 92303,  3(a) Statutory Notes and Related Subsidiaries Effective Date of 1981 Amendment Pub. L. 97119, title II,  206(a) Dec. 29, 1981 95 Stat. 1645 Except as otherwise provided, the provisions of this title [see Short Title of 1981 Amendment note set out under section 801 of this title January 1, 1982 Effective Date of 1978 Amendment Pub. L. 95239,  20(a) Mar. 1, 1978 92 Stat. 106 The provisions of this Act [see Short Title of 1978 Amendment note set out under section 801 of this title Mar. 1, 1978 Effective Date of 1972 Amendment Pub. L. 92303,  3(c) May 19, 1972 86 Stat. 153 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. 92303 Dec. 30, 1969 section 4(g) of Pub. L. 92303 section 921 of this title Effective Date Subchapter effective Dec. 30, 1969 section 509 of Pub. L. 91173 section 801 of this title Separability Pub. L. 97119, title II,  206(b) Dec. 29, 1981 95 Stat. 1645 If any provision of this title [see Short Title of 1981 Amendment note, set out under section 801 of this title Special Benefits for Disabled Coal Miners Pub. L. 102394, title II Oct. 6, 1992 106 Stat. 1806 For carrying out title IV of the Federal Mine Safety and Health Act of 1977 [ 30 U.S.C. 901 Provided 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 Pub. L. 97119, title II,  202(e) Dec. 29, 1981 95 Stat. 1643 Jan. 1, 1982 Study of Benefits Under This Subchapter, Other Benefits Received, and Benefits if State Workers Compensation Programs Applicable; Report to Congress Pub. L. 97119, title II,  203(c) Dec. 29, 1981 95 Stat. 1644 Jan. 1, 1982  902. Definitions For purposes of this subchapter (a) The term dependent means (1) a child as defined in subsection (g) 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 individuals status as the wife of a miner shall be made in accordance with section 416(h)(1) of title 42 section 416(d)(1) of title 42 (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 1 section 416(k) of title 42 section 416(h)(1) of title 42 section 416(d)(2) of title 42 (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 section 923 of this title (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 miners 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 miners 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 (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 (B) any claim which is subject to review by the Secretary of Labor under section 945(b) 1 (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 (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 (C) a student. The term student means a full-time student as defined in section 402(d)(7) of title 42 section 8101(17) of title 5 (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 section 9501 of title 26 (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 March 1, 1978 ( Pub. L. 91173, title IV,  402 Dec. 30, 1969 83 Stat. 792 Pub. L. 92303 May 19, 1972 86 Stat. 151153 Pub. L. 95239,  2 Mar. 1, 1978 92 Stat. 95 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695 Pub. L. 97119, title I,  104(b)(1) Dec. 29, 1981 95 Stat. 1639 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 103296, title I,  108(i)(1) Aug. 15, 1994 108 Stat. 1488 Pub. L. 107275,  2(b)(1) Nov. 2, 2002 116 Stat. 1925  Editorial Notes  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. 108203, title IV,  414(a)(2) Mar. 2, 2004 118 Stat. 529 Section 945 of this title Pub. L. 107275,  2(c)(1) Nov. 2, 2002 116 Stat. 1926 Amendments 2002Subsec. (c). Pub. L. 107275,  2(b)(1)(A) Subsec. (f)(1). Pub. L. 107275,  2(b)(1)(B) November 2, 2002 Subsec. (f)(2)(A). Pub. L. 107275,  2(b)(1)(C)(ii) Pub. L. 107275,  2(b)(1)(C)(i) Subsec. (i)(1). Pub. L. 107275,  2(b)(1)(D) 1994Subsec. (c). Pub. L. 103296 1986Subsecs. (h), (i). Pub. L. 99514 1981Subsec. (h). Pub. L. 97119,  104(b)(1) section 9501 of title 26 section 934a(a)(1) of this title Subsec. (i). Pub. L. 97119,  205(b) 1978Subsec. (b). Pub. L. 95239,  2(a) Subsec. (d). Pub. L. 95239,  2(b) Subsec. (f). Pub. L. 95239,  2(c) section 923 of this title Subsec. (h). Pub. L. 95239,  2(d) 1972Subsec. (a). Pub. L. 92303,  1(c)(2) section 8110 of title 5 Subsecs. (b), (d). Pub. L. 92303,  3(b) Subsec. (e). Pub. L. 92303,  1(c)(3) Subsec. (f). Pub. L. 92303,  4(a) Subsec. (g). Pub. L. 92303,  1(c)(4) Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date of 2002 Amendment Pub. L. 107275,  4 Nov. 2, 2002 116 Stat. 1928 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. 103296 Mar. 31, 1995 section 110(a) of Pub. L. 103296 section 401 of Title 42 Effective Date of 1981 Amendment Amendment by section 205(b) of Pub. L. 97119 Jan. 1, 1982 section 206(a) of Pub. L. 97119 section 901 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95239 Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title Effective Date of 1972 Amendment Amendment by section 3(b) of Pub. L. 92303 Dec. 30, 1969 section 3(c) of Pub. L. 92303 section 901 of this title Amendment by section 4(a) of Pub. L. 92303 Dec. 30, 1969 section 4(g) of Pub. L. 92303 section 921 of this title  903. Field offices (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) such sums as may be necessary. ( Pub. L. 95239,  18 Mar. 1, 1978 92 Stat. 105  Editorial Notes 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. Statutory Notes and Related Subsidiaries Effective Date Section effective Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title  904. Repealed. Pub. L. 107275,  2(c)(2) Nov. 2, 2002 116 Stat. 1926   Section, Pub. L. 95239,  19 Mar. 1, 1978 92 Stat. 106 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective 90 days after Nov. 2, 2002 section 4 of Pub. L. 107275 section 902 of this title Part B Claims for Benefits Filed on or Before December  921. Regulations and presumptions (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) 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 (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 1 (4) if 2 2 (5) In the case of a miner who dies on or before March 1, 1978 June 30, 1971 section 922(a)(2) of this title (d) Applicability of presumptions Nothing in subsection (c) shall be deemed to affect the applicability of subsection (a) in the case of a claim where the presumptions provided for therein are inapplicable. ( Pub. L. 91173, title IV,  411 Dec. 30, 1969 83 Stat. 793 Pub. L. 92303 May 19, 1972 86 Stat. 153 Pub. L. 95239,  3(a) Mar. 1, 1978 92 Stat. 96 Pub. L. 97119, title II Dec. 29, 1981 95 Stat. 1643 Pub. L. 103296, title I,  108(i)(2) Aug. 15, 1994 108 Stat. 1488 Pub. L. 107275,  2(a) Nov. 2, 2002 116 Stat. 1925 Pub. L. 111148, title I,  1556(a) Mar. 23, 2010 124 Stat. 260  Editorial Notes  References in Text The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsecs. (a) and (c)(2), (5), is Jan. 1, 1982 section 206(a) of Pub. L. 97119 section 901 of this title Amendments 2010Subsec. (c)(4). Pub. L. 111148 2002Subsecs. (a), (b), (c)(4), (5). Pub. L. 107275 1994Subsecs. (a), (b), (c)(4), (5). Pub. L. 103296 1981Subsec. (a). Pub. L. 97119,  203(a)(5) Subsec. (c)(2), (4). Pub. L. 97119,  202(b)(1) Subsec. (c)(5). Pub. L. 97119,  202(b)(2) 1978Subsec. (c). Pub. L. 95239 1972Subsec. (a). Pub. L. 92303,  4(b)(1) Subsec. (b). Pub. L. 92303,  4(d) Subsec. (c)(1), (2). Pub. L. 92303,  3(a) Subsec. (c)(3). Pub. L. 92303,  4(b)(3) Subsec. (c)(4). Pub. L. 92303,  4(c) Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111148, title I,  1556(c) Mar. 23, 2010 124 Stat. 260 The amendments made by this section [amending this section and section 932 of this title 30 U.S.C. 921 January 1, 2005 Mar. 23, 2010 Effective Date of 2002 Amendment Amendment by Pub. L. 107275 Nov. 2, 2002 section 4 of Pub. L. 107275 section 902 of this title Effective Date of 1994 Amendment Amendment by Pub. L. 103296 Mar. 31, 1995 section 110(a) of Pub. L. 103296 section 401 of Title 42 Effective Date of 1981 Amendment Amendment by Pub. L. 97119 Jan. 1, 1982 section 206(a) of Pub. L. 97119 section 901 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95239 Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title Effective Date of 1972 Amendment Amendment by section 3(a) of Pub. L. 92303 Dec. 30, 1969 section 3(c) of Pub. L. 92303 section 901 of this title Pub. L. 92303,  4(g) May 19, 1972 86 Stat. 154 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. 107275,  3 Nov. 2, 2002 116 Stat. 1926  (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 30 U.S.C. 921 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 (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.  922. Payment of benefits (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 3712 per centum of the monthly pay rate for Federal employees in grade GS2, 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 Provided section 902(g) of this title And provided further (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 section 921(c) of this title 42 U.S.C. 401 (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) 42 U.S.C. 402(d)(1)(B)(ii) (C) a student as defined in section 902(g) of this title (2) who is, at the time of the miners death, disabled as determined in accordance with section 223(d) of the Social Security Act [ 42 U.S.C. 423(d) l 42 U.S.C. 403(b) l 42 U.S.C. 402 (6) If an individuals 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), 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 workmens 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 42 U.S.C. 403(b) l 42 U.S.C. 402 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. ( Pub. L. 91173, title IV,  412 Dec. 30, 1969 83 Stat. 794 Pub. L. 92303 May 19, 1972 86 Stat. 150 Pub. L. 95239 Mar. 1, 1978 92 Stat. 96 Pub. L. 97119, title II,  203(a)(1) Dec. 29, 1981 95 Stat. 1643 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 103296, title I,  108(i)(2) Aug. 15, 1994 108 Stat. 1488 Pub. L. 107275,  2(a) Nov. 2, 2002 116 Stat. 1925  Editorial Notes  References in Text Grade GS2, referred to in subsec. (a)(1), is contained in the General Schedule which is set out under section 5332 of Title 5 The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsec. (a)(2), (3), and (5), is Jan. 1, 1982 section 206(a) of Pub. L. 97119 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 section 1305 of Title 42 The Internal Revenue Code of 1986, referred to in subsec. (c), is classified to Title 26, Internal Revenue Code. Amendments 2002Subsec. (a). Pub. L. 107275 1994Subsec. (a). Pub. L. 103296 1986Subsec. (c). Pub. L. 99514 1981Subsec. (a)(1). Pub. L. 97119,  203(d) Subsec. (a)(2). Pub. L. 97119,  203(a)(1) Subsec. (a)(3). Pub. L. 97119,  203(a)(2) Subsec. (a)(5). Pub. L. 97119,  203(a)(3) 1978Subsec. (a)(3). Pub. L. 95239,  3(b)(1)(A) section 921(c) of this title Subsec. (a)(5). Pub. L. 95239,  3(b)(1)(B) section 921(c) of this title Subsec. (b). Pub. L. 95239,  4 1972Subsec. (a)(3), (4). Pub. L. 92303,  1(b)(1) Subsec. (a)(5), (6). Pub. L. 92303,  1(b)(2) Subsec. (b). Pub. L. 92303 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107275 Nov. 2, 2002 section 4 of Pub. L. 107275 section 902 of this title Effective Date of 1994 Amendment Amendment by Pub. L. 103296 Mar. 31, 1995 section 110(a) of Pub. L. 103296 section 401 of Title 42 Effective Date of 1981 Amendment Amendment by Pub. L. 97119 Jan. 1, 1982 section 206(a) of Pub. L. 97119 section 901 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95239 Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title Effective Date of 1972 Amendment Pub. L. 92303,  2(b) May 19, 1972 86 Stat. 153 The amendment made by this section [amending this section] shall be effective as of December 30, 1969 Calculation of Monthly Benefit Payments Pub. L. 103333, title V,  512 Sept. 30, 1994 108 Stat. 2573 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 30 U.S.C. 922(a)(1) Pub. L. 103112, title V,  508(a) Oct. 21, 1993 107 Stat. 1113 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  923. Filing of notice of claim (a) Promulgation of regulations; time requirement Except as otherwise provided in section 924 of this title December 31, 1973 (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 claimants physician, or his wifes affidavits, and in the case of a deceased miner, other appropriate affidavits of persons with knowledge of the miners 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 radiologists 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) l 42 U.S.C. 404 l 42 U.S.C. 401 (c) Filing of claim for workmens 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 workmens 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 ( Pub. L. 91173, title IV,  413 Dec. 30, 1969 83 Stat. 794 Pub. L. 92303 May 19, 1972 86 Stat. 152 Pub. L. 95239,  5 Mar. 1, 1978 92 Stat. 97 Pub. L. 97119, title II,  202(a) Dec. 29, 1981 95 Stat. 1643 Pub. L. 103296, title I,  108(i)(2) Aug. 15, 1994 108 Stat. 1488 Pub. L. 107275,  2(a) Nov. 2, 2002 116 Stat. 1925  Editorial Notes  References in Text The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsec. (b), is Jan. 1, 1982 section 206(a) of Pub. L. 97119 section 901 of this title The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 Amendments 2002Subsec. (a). Pub. L. 107275,  2(a) Subsec. (b). Pub. L. 107275,  2(b)(2) Pub. L. 107275,  2(a) Subsec. (c). Pub. L. 107275,  2(a) 1994Subsecs. (a) to (c). Pub. L. 103296 1981Subsec. (b). Pub. L. 97119,  202(a) 1978Subsec. (b). Pub. L. 95239,  5(a) section 405 of Title 42 Subsec. (d). Pub. L. 95239,  5(d) 1972Subsec. (a). Pub. L. 92303,  5(2) Subsec. (b). Pub. L. 92303 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendments by Pub. L. 107275 Nov. 2, 2002 section 4 of Pub. L. 107275 section 902 of this title Effective Date of 1994 Amendment Amendment by Pub. L. 103296 Mar. 31, 1995 section 110(a) of Pub. L. 103296 section 401 of Title 42 Effective Date of 1981 Amendment Amendment by Pub. L. 97119 Jan. 1, 1982 section 206(a) of Pub. L. 97119 section 901 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95239 Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title Effective Date of 1972 Amendment Amendment by section 4(f) of Pub. L. 92303 Dec. 30, 1969 section 4(g) of Pub. L. 92303 section 921 of this title Effective Date for the Application of Section 405 of Title 42 Pub. L. 92303,  1(c)(5)(B) May 19, 1972 86 Stat. 152 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. 92303 Pub. L. 92303 Dec. 30, 1969  924. Time for filing claims (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 December 31, 1973 (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 section 922(a)(3) of this title December 30, 1969 December 30, 1969 (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 December 30, 1969 (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 (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 (b) Filing of claims after June 30, 1973 No benefits shall be paid under this part after December 31, 1973 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 (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 section 921(c) of this title ( Pub. L. 91173, title IV,  414 Dec. 30, 1969 83 Stat. 795 Pub. L. 92303 May 19, 1972 86 Stat. 151 Pub. L. 95239,  3(b)(2) Mar. 1, 1978 92 Stat. 97 Pub. L. 103296, title I,  108(i)(2) Aug. 15, 1994 108 Stat. 1488 Pub. L. 107275,  2(a) Nov. 2, 2002 116 Stat. 1925  Editorial Notes Amendments 2002Subsec. (a)(2)(D). Pub. L. 107275 1994Subsec. (a)(2)(D). Pub. L. 103296 1978Subsec. (e). Pub. L. 95239 section 921(c) of this title 1972Subsec. (a). Pub. L. 92303 Subsec. (b). Pub. L. 92303 June 30, 1973 December 31, 1971 December 31, 1973 December 31, 1971 Subsec. (e). Pub. L. 92303 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107275 Nov. 2, 2002 section 4 of Pub. L. 107275 section 902 of this title Effective Date of 1994 Amendment Amendment by Pub. L. 103296 Mar. 31, 1995 section 110(a) of Pub. L. 103296 section 401 of Title 42 Effective Date of 1978 Amendment Amendment by Pub. L. 95239 Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title  924a. Repealed. Pub. L. 107275,  2(c)(2) Nov. 2, 2002 116 Stat. 1926   Section, Pub. L. 95239,  11 Mar. 1, 1978 92 Stat. 101 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective 90 days after Nov. 2, 2002 section 4 of Pub. L. 107275 section 902 of this title  925. Procedure for the determination of claims during transition period (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 workmens compensation agency or the Secretary of Labor, any claim for benefits under this part filed during the period from July 1, 1973 December 31, 1973 (1) Such claim shall be determined and, where appropriate under this part or section 9501(d) of title 26 (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 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. ( Pub. L. 91173, title IV,  415 Pub. L. 92303,  7 May 19, 1972 86 Stat. 156 Pub. L. 97119, title I,  104(b)(2) Dec. 29, 1981 95 Stat. 1639 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 103296, title I,  108(i)(2) Aug. 15, 1994 108 Stat. 1488 Pub. L. 107275,  2(b)(3) Nov. 2, 2002 116 Stat. 1925  Editorial Notes Amendments 2002Subsec. (a)(2) to (5). Pub. L. 107275,  2(b)(3)(A) Subsec. (b). Pub. L. 107275,  2(b)(3)(B) 1994Subsecs. (a)(2), (b). Pub. L. 103296 1986Subsec. (a)(1). Pub. L. 99514 1981Subsec. (a)(1). Pub. L. 97119 section 9501(d) of title 26 section 934 of this title Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107275 Nov. 2, 2002 section 4 of Pub. L. 107275 section 902 of this title Effective Date of 1994 Amendment Amendment by Pub. L. 103296 Mar. 31, 1995 section 110(a) of Pub. L. 103296 section 401 of Title 42 Part C Claims for Benefits After December  931. Benefits under State workmens compensation laws (a) Filing On and after January 1, 1974 section 921(c) of this title 1 1 (b) Adequacy of compensation; listing of States providing adequate compensation; requisites for listing (1) For purposes of this section, a State workmens 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 (2) The Secretary shall include a State workmens 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 miners last employment in a coal mine terminated before the Secretarys 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 (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 (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 (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 March 4, 1927 33 U.S.C. 901 section 932(a) of this title The action of the Secretary in including or failing to include any State workmens 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. ( Pub. L. 91173, title IV,  421 Dec. 30, 1969 83 Stat. 795 Pub. L. 92303 May 19, 1972 86 Stat. 151 Pub. L. 95239 Mar. 1, 1978 92 Stat. 97  Editorial Notes  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 section 901 of Title 33 Amendments 1978Subsec. (a). Pub. L. 95239,  3(b)(3) section 921(c) of this title Subsec. (b)(2)(A). Pub. L. 95239,  6(a) Subsec. (b)(2)(C). Pub. L. 95239,  6(b) Subsec. (b)(2)(D). Pub. L. 95239,  6(c) 1972Subsec. (a). Pub. L. 92303 Subsec. (b)(2)(C). Pub. L. 92303,  4(e) section 902(f) of this title section 921 of this title Subsec. (c). Pub. L. 92303,  5(5) Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95239 Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title Effective Date of 1972 Amendment Amendment by section 4(e) of Pub. L. 92303 Dec. 30, 1969 section 4(g) of Pub. L. 92303 section 921 of this title  932. Failure to meet workmens compensation requirements (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 section 931(b) of this title 44 Stat. 1424 March 4, 1927 33 U.S.C. 901 1 1 33 U.S.C. 901 section 9501(d) of title 26 section 921(c) of this title (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 (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 Provided December 31, 1969 March 1, 1978 2 2 (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 section 934(b)(5) of this title (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 workmens 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 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 January 1, 1970 section 933 of this title (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 (j) Failure of operators to secure benefits Notwithstanding the provisions of this section, section 9501 of title 26 (1) described in section 9501(d)(1) of title 26 (2) in which the miners last coal mine employment was before January 1, 1970 (3) in which there was a claim denied before March 1, 1978 2 (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,. 3 3 ( Pub. L. 91173, title IV,  422 Dec. 30, 1969 83 Stat. 796 Pub. L. 92303 May 19, 1972 86 Stat. 153 Pub. L. 95239 Mar. 1, 1978 92 Stat. 9799 Pub. L. 97119, title I,  104(b)(3) Dec. 29, 1981 95 Stat. 1639 Pub. L. 98426,  28(h)(2) Sept. 28, 1984 98 Stat. 1655 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 111148, title I,  1556(b) Mar. 23, 2010 124 Stat. 260  Editorial Notes  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. 98426 section 907 of Title 33 Public Law 803, 69th Congress, referred to in subsec. (a), is act Mar. 4, 1927, ch. 509 44 Stat. 1424 section 901 of Title 33 Section 42 of Public Law 803, referred to in subsec. (a), was repealed by Pub. L. 89-554,  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,  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. 98426,  25 Sept. 28, 1984 98 Stat. 1654 Section 945 of this title Pub. L. 107275,  2(c)(1) Nov. 2, 2002 The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsecs. (d) and (g), is Jan. 1, 1982 section 206(a) of Pub. L. 97119 section 901 of this title Amendments 2010Subsec. ( l Pub. L. 111148 1986Subsecs. (a), (i)(4), (j). Pub. L. 99514 1984Subsec. (a). Pub. L. 98426 1981Subsec. (a). Pub. L. 97119,  104(b)(3) section 9501(d) of title 26 section 934 of this title Subsec. (c). Pub. L. 97119,  205(a)(1) Subsec. (d). Pub. L. 97119,  204 Subsec. (g). Pub. L. 97119,  203(b) Subsec. (i)(4). Pub. L. 97119,  104(b)(4) section 9501(d) of title 26 section 934 of this title Subsec. (j). Pub. L. 97119 section 9501 of title 26 section 934 of this title section 9501(d)(1) of title 26 section 934(a)(1) of this title Subsec. ( l Pub. L. 97119,  203(a)(6) 1978Subsec. (a). Pub. L. 95239 section 934 of this title section 921(c) of this title Subsec. (b). Pub. L. 95239,  7(b) Subsec. (c). Pub. L. 95239,  7(c) December 31, 1969 Subsec. (e)(3). Pub. L. 95239,  7(d) Dec. 30, 1969 Subsec. (f). Pub. L. 95239,  7(e) March 1, 1978 Subsec. (h). Pub. L. 95239,  7(f) section 921 of this title Subsec. (i)(1). Pub. L. 95239,  7(g) Jan. 1, 1970 Subsec. (i)(2). Pub. L. 95239,  7(g) Subsec. (i)(3), (4). Pub. L. 95239,  7(g) Subsecs. (j) to ( l Pub. L. 95239,  7(h) l 1972Subsec. (a). Pub. L. 92303 44 Stat. 1424 March 4, 1927 Subsec. (e)(2). Pub. L. 92303,  5(3) January 1, 1974 January 1, 1973 Subsec. (e)(3). Pub. L. 92303,  5(4) Subsec. (f). Pub. L. 92303,  8 Subsec. (h). Pub. L. 92303,  3(a) Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Amendment by Pub. L. 111148 Jan. 1, 2005 Mar. 23, 2010 section 1556(c) of Pub. L. 111148 section 921 of this title Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(a) of Pub. L. 98426 section 901 of Title 33 Effective Date of 1981 Amendment Amendment by sections 203(a)(6), (b), 204, 205(a) of Pub. L. 97119 Jan. 1, 1982 section 206(a) of Pub. L. 97119 section 901 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95239 Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title Effective Date of 1972 Amendment Amendment by section 3(a), (b) of Pub. L. 92303 Dec. 30, 1969 section 3(c) of Pub. L. 92303 section 901 of this title  932a. Appointment of qualified individuals to hear and determine claims for benefits  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 1 30 U.S.C. 921 30 U.S.C. 925 section 3105 of title 5 ( Pub. L. 94504 Oct. 15, 1976 90 Stat. 2428 Pub. L. 107275,  2(b)(5) Nov. 2, 2002 116 Stat. 1926  Editorial Notes  References in Text The Federal Coal Mine Health and Safety Act of 1969, referred to in text, is Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 Pub. L. 95164, title I,  101 Nov. 9, 1977 91 Stat. 1290 section 801 of this title 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. Amendments 2002 Pub. L. 107275 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107275 Nov. 2, 2002 section 4 of Pub. L. 107275 section 902 of this title Extension of Adjudication Period Through March 1, 1979 Pub. L. 95239,  7(i) Mar. 1, 1978 92 Stat. 100 section 925 of this title section 932(a) of this title Mar. 1, 1978  933. Duties of operators in States not qualifying under workmens compensation laws (a) Securing of benefits for miners; self-insurers; mutual companies During any period in which a State workmens compensation law is not included on the list published by the Secretary under section 931(b) of this title section 932 of this title (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 (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 1 (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 2 (3) This subsection shall not affect any other liability of the employer under this part. ( Pub. L. 91173, title IV,  423 Dec. 30, 1969 83 Stat. 797 Pub. L. 92303,  3(b) May 19, 1972 86 Stat. 153 Pub. L. 95239,  8 Mar. 1, 1978 92 Stat. 100  Editorial Notes Amendments 1978Subsec. (d). Pub. L. 95239 1972Subsec. (a). Pub. L. 92303 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95239 Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92303 Dec. 30, 1969 section 3(c) of Pub. L. 92303 section 901 of this title  934. Fund defined; liability of operators to United States for repayments to fund; procedures applicable; rate of interest (a) For purposes of this section, the term fund has the meaning set forth in section 902(h) of this title (b) (1) If (A) an amount is paid out of the fund to an individual entitled to benefits under section 932 of this title (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 (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 (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 (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 ( Pub. L. 91173, title IV,  424 Dec. 30, 1969 83 Stat. 798 Pub. L. 92303,  1(c)(1) May 19, 1972 86 Stat. 151 Pub. L. 95227,  3(d) Feb. 10, 1978 92 Stat. 13 Pub. L. 96222, title I,  108(b)(2)(A) Apr. 1, 1980 94 Stat. 226 Pub. L. 97119, title I,  104(a)(1) Dec. 29, 1981 95 Stat. 1639 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  Editorial Notes  References in Text Section 424(b)(2) of the Federal Mine Safety and Health Act of 1977, referred to in subsec. (b)(3)(A)(i), is subsec. (b)(2) of this section. Section 6321, referred to in subsec. (b)(3)(A)(i), means section 6321 of Title 26 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 Oct. 1, 1979 Pub. L. 95598 Nov. 6, 1978 92 Stat. 2682 Codification In subsec. (b)(3)(B),  section 3713(a) of title 31 31 U.S.C. 191 Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 Amendments 1986Subsec. (b)(3)(A), (C), (D), (5)(B). Pub. L. 99514 1981Subsec. (a). Pub. L. 97119,  104(b)(6) Subsec. (b)(1). Pub. L. 97119,  104(a)(2) Subsec. (b)(5). Pub. L. 97119,  104(a)(1) 1980Subsec. (b)(3)(A)(i). Pub. L. 96222 1978 Pub. L. 95227 1972 Pub. L. 92303 Statutory Notes and Related Subsidiaries Effective Date of 1981 Amendment Pub. L. 97119, title I,  104(a)(3) Dec. 29, 1981 95 Stat. 1639 The amendment made by paragraph (1) [amending this section] shall take effect on January 1, 1982 Effective Date of 1980 Amendment Amendment by Pub. L. 96222 Pub. L. 95227 Apr. 1, 1978 section 108(b)(4) of Pub. L. 96222 section 192 of Title 26 Effective Date of 1978 Amendment Pub. L. 95227,  3(e) Feb. 10, 1978 92 Stat. 15 This section [enacting section 934a of this title April 1, 1978  934a. Repealed. Pub. L. 97119, title I,  103(b) Dec. 29, 1981 95 Stat. 1638   Section, Pub. L. 95227,  3(a) Feb. 10, 1978 92 Stat. 12 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695 Pub. L. 96222, title I,  108(b)(2)(A) Apr. 1, 1980 94 Stat. 226 section 9501 of Title 26 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1982 section 103(d)(1) of Pub. L. 97119 section 9501 of Title 26 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. 95239,  20(b) Mar. 1, 1978 92 Stat. 106 Mar. 1, 1978  935. Utilization of services of State and local agencies  With the consent and cooperation of State agencies charged with administration of State workmens compensation laws, the Secretary may, for the purpose of carrying out his functions and duties under section 932 of this title ( Pub. L. 91173, title IV,  425 Dec. 30, 1969 83 Stat. 798  936. Regulations and reports (a) Promulgation; applicability of section 553 of title 5 The Secretary of Labor and the Secretary of Health and Human Services are authorized to issue such regulations as each deems appropriate to carry out the provisions of this subchapter. Such regulations shall be issued in conformity with section 553 of title 5 (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 workmens compensation laws; conflicts between State and Federal provisions Nothing in this subchapter shall relieve any operator of the duty to comply with any State workmens 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 workmens 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. ( Pub. L. 91173, title IV,  426 Dec. 30, 1969 83 Stat. 798 Pub. L. 92303,  5(3) May 19, 1972 86 Stat. 155 Pub. L. 103296, title I,  108(i)(3) Aug. 15, 1994 108 Stat. 1488 Pub. L. 10466, title I,  1102(b)(2) Dec. 21, 1995 109 Stat. 723 Pub. L. 107275,  2(b)(4) Nov. 2, 2002 116 Stat. 1926  Editorial Notes  References in Text Section 942 of title 33 Amendments 2002Subsec. (a). Pub. L. 107275,  2(b)(4)(A) Subsec. (b). Pub. L. 107275,  2(b)(4)(B) January 1, 1974 1995Subsec. (b). Pub. L. 10466 section 942 of title 33 1994Subsec. (a). Pub. L. 103296,  108(i)(3)(A) Subsec. (b). Pub. L. 103296,  108(i)(3)(B) 1972Subsec. (b). Pub. L. 92303 January 1, 1974 January 1, 1973 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107275 Nov. 2, 2002 section 4 of Pub. L. 107275 section 902 of this title Effective Date of 1994 Amendment Amendment by Pub. L. 103296 Mar. 31, 1995 section 110(a) of Pub. L. 103296 section 401 of Title 42  937. Contracts and grants (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. ( Pub. L. 91173, title IV,  427 Pub. L. 92303,  5(6) May 19, 1972 86 Stat. 155 Pub. L. 95239,  9 Mar. 1, 1978 92 Stat. 100 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Editorial Notes Amendments 1978Subsec. (c). Pub. L. 95239 June 30, 1973 June 30, 1974 June 30, 1975 Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date of 1978 Amendment Amendment by Pub. L. 95239 Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title  938. Miners suffering from pneumoconiosis; discrimination prohibited (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 section 5372 of title 5 (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 attorneys 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. ( Pub. L. 91173, title IV,  428 Pub. L. 92303,  5(7) May 19, 1972 86 Stat. 155 Pub. L. 95251,  2(a)(9) Mar. 27, 1978 92 Stat. 183 Pub. L. 101509, title V,  529 [title I,  104(d)(3)] Nov. 5, 1990 104 Stat. 1427  Editorial Notes Amendments 1990Subsec. (b). Pub. L. 101509 section 5372 of title 5 section 5332 of title 5 1978Subsec. (b). Pub. L. 95251 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101509 Nov. 5, 1990 Pub. L. 101509 section 5301 of Title 5  939. Authorization of appropriations  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. ( Pub. L. 91173, title IV,  429 Pub. L. 92303,  5(8) May 19, 1972 86 Stat. 156  940. Applicability of amendments to part B of this subchapter to this part  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. ( Pub. L. 91173, title IV,  430 Pub. L. 92303,  5(10) May 19, 1972 86 Stat. 156 Pub. L. 95239,  10 Mar. 1, 1978 92 Stat. 100 Pub. L. 97119, title II,  202(d) Dec. 29, 1981 95 Stat. 1643  Editorial Notes  References in Text The Black Lung Benefits Act of 1972, referred to in text, is Pub. L. 92303 May 19, 1972 86 Stat. 150 section 901 of this title The Black Lung Benefits Reform Act of 1977, referred to in text, is Pub. L. 95239 Mar. 1, 1978 92 Stat. 95 section 801 of this title The Black Lung Benefits Amendments of 1981, referred to in text, is Pub. L. 97119, title II Dec. 29, 1981 95 Stat. 1643 section 901 of this title section 801 of this title Amendments 1981 Pub. L. 97119 1978 Pub. L. 95239 June 30, 1971 Statutory Notes and Related Subsidiaries Effective Date of 1981 Amendment Amendment by Pub. L. 97119 Jan. 1, 1982 section 206(a) of Pub. L. 97119 section 901 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95239 Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title  941. Penalty for false statements or representations  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. ( Pub. L. 91173, title IV,  431 Pub. L. 92303,  6 May 19, 1972 86 Stat. 156 Pub. L. 95239,  12(a) Mar. 1, 1978 92 Stat. 101  Editorial Notes Amendments 1978 Pub. L. 95239 May 19, 1972 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95239 Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title  942. Miner benefit entitlement reports; penalty for failure or refusal to file (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. ( Pub. L. 91173, title IV,  432 Pub. L. 95239,  12(b) Mar. 1, 1978 92 Stat. 101  Statutory Notes and Related Subsidiaries Effective Date Section effective Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title  943. Black lung insurance program (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 section 933 of this title (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), 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). (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) 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). 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 1 ( Pub. L. 91173, title IV,  433 Pub. L. 95239,  13 Mar. 1, 1978 92 Stat. 101  Editorial Notes  References in Text Section 934a of this title Pub. L. 97119, title I,  103(b) Dec. 29, 1981 95 Stat. 1638 section 9501(c) of Title 26 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 section 3003 of Pub. L. 10466 section 1113 of Title 31 Statutory Notes and Related Subsidiaries Effective Date Section effective Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title  944. Statement of reasons for denial of claim  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. ( Pub. L. 91173, title IV,  434 Pub. L. 95239,  14 Mar. 1, 1978 92 Stat. 103  Statutory Notes and Related Subsidiaries Effective Date Section effective Mar. 1, 1978 section 20(a) of Pub. L. 95239 section 901 of this title  945. Repealed. Pub. L. 107275,  2(c)(1) Nov. 2, 2002 116 Stat. 1926   Section, Pub. L. 91173, title IV,  435 Pub. L. 95239,  15 Mar. 1, 1978 92 Stat. 103 Pub. L. 103296, title I,  108(i)(4) Aug. 15, 1994 108 Stat. 1488 Mar. 1, 1978 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective 90 days after Nov. 2, 2002 section 4 of Pub. L. 107275 section 902 of this title SUBCHAPTER V ADMINISTRATIVE PROVISIONS  951. Studies and research (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 (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 June 30, 1970 June 30, 1971 June 30, 1972 (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. ( Pub. L. 91173, title V,  501 Dec. 30, 1969 83 Stat. 798 Pub. L. 95164, title III,  303(a) Nov. 9, 1977 91 Stat. 1320 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(12), (c), (e), and (f), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title The Occupational Safety and Health Act of 1970, referred to in subsec. (b), is Pub. L. 91596 Dec. 29, 1970 84 Stat. 1590 section 651 of Title 29 Amendments 1977Subsec. (a). Pub. L. 95164,  303(a)(1) Subsec. (b). Pub. L. 95164,  303(a)(1) Subsec. (c). Pub. L. 95164,  303(a)(4) Subsec. (d). Pub. L. 95164,  303(a)(1) Subsec. (e). Pub. L. 95164,  303(a)(5) Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Effective Date Subchapter effective Dec. 30, 1969 section 509 of Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title  951a. Health, Safety, and Mining Technology Research program (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 ( Pub. L. 102486, title XXV,  2512 Oct. 24, 1992 106 Stat. 3111  Editorial Notes 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. Statutory Notes and Related Subsidiaries  Change of Name Bureau of Mines redesignated United States Bureau of Mines by section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title  952. Training and education (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 section 557a of title 29 (2) Repealed. Pub. L. 9638, title I,  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 ( Pub. L. 91173, title V,  502 Dec. 30, 1969 83 Stat. 800 Pub. L. 95164, title III,  303(b) Nov. 9, 1977 91 Stat. 1320 Pub. L. 9638, title I,  100 July 25, 1979 93 Stat. 111  Editorial Notes  References in Text This chapter, referred to in subsec. (b), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1979Subsec. (c)(1). Pub. L. 9638 Subsec. (c)(2). Pub. L. 9638 1977Subsecs. (a), (b). Pub. L. 95164,  303(b) Subsec. (c). Pub. L. 95164,  303(h) Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title  953. Assistance to States (a) Development and enforcement of health and safety regulations; improvement of workmens 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 workmens 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 workmens 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. ( Pub. L. 91173, title V,  503 Dec. 30, 1969 83 Stat. 800 Pub. L. 95164, title III,  303(c) Nov. 9, 1977 91 Stat. 1320 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Editorial Notes Amendments 1977Subsec. (a). Pub. L. 95164,  303(c)(1) Subsecs. (b), (f), (g). Pub. L. 95164,  303(c)(1) Subsec. (h). Pub. L. 95164,  303(c)(2) Statutory Notes and Related Subsidiaries  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. 9688 section 3508(b) of Title 20 Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title  954. Appointment of administrative personnel and inspectors; qualifications; training programs  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 82 Stat. 251 ( Pub. L. 91173, title V,  505 Dec. 30, 1969 83 Stat. 802 Pub. L. 95164, title III,  303(d) Nov. 9, 1977 91 Stat. 1320  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Section 201 of the Revenue and Expenditure Control Act of 1968 ( 82 Stat. 251 section 201 of Pub. L. 90364 June 28, 1968 82 Stat. 270 section 3101 of Title 5 Pub. L. 9147, title V,  503 July 22, 1969 83 Stat. 83 Amendments 1977 Pub. L. 95164 Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Number of Inspectors Pub. L. 95164, title III,  304 Nov. 9, 1977 91 Stat. 1320 Nothing contained in this Act [see Short Title of 1977 Amendment note under section 801 of this title Nov. 9, 1977  955. State laws (a) No State law in effect on December 30, 1969 (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 on December 30, 1969 ( Pub. L. 91173, title V,  506 Dec. 30, 1969 83 Stat. 803 Pub. L. 95164, title III,  303(e) Nov. 9, 1977 91 Stat. 1321  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title For the operative date of this chapter, referred to in subsec. (b), see section 509 of Pub. L. 91173 section 801 of this title Amendments 1977Subsec. (b). Pub. L. 95164 Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title  956. Applicability of administrative procedure provisions  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. ( Pub. L. 91173, title V,  507 Dec. 30, 1969 83 Stat. 803  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title  957. Promulgation of regulations  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. ( Pub. L. 91173, title V,  508 Dec. 30, 1969 83 Stat. 803 Pub. L. 103296, title I,  108(i)(5) Aug. 15, 1994 108 Stat. 1488  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1994 Pub. L. 103296 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103296 Mar. 31, 1995 section 110(a) of Pub. L. 103296 section 401 of Title 42  958. Annual reports to Congress; contents (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. 96470, title I,  106(f) Oct. 19, 1980 94 Stat. 2238 ( Pub. L. 91173, title V,  511 Dec. 30, 1969 83 Stat. 803 Pub. L. 95164, title III,  303(f) Nov. 9, 1977 91 Stat. 1321 Pub. L. 96470, title I,  106(f) Oct. 19, 1980 94 Stat. 2238  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original this Act, meaning Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 section 801 of this title Amendments 1980Subsec. (b). Pub. L. 96470 1977Subsecs. (a), (b). Pub. L. 95164 Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Executive Documents  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 76 Stat. 1253 July 1, 1973 87 Stat. 1089  959. Study of coordination of Federal and State activities; report (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 ( Pub. L. 91173, title V,  512 Dec. 30, 1969 83 Stat. 804 Pub. L. 95164, title III,  303(g) Nov. 9, 1977 91 Stat. 1321  Editorial Notes Amendments 1977Subsec. (a). Pub. L. 95164 Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95164 Nov. 9, 1977 section 307 of Pub. L. 95164 section 801 of this title  960. Limitation on issuance of temporary restraining order or preliminary injunction  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. ( Pub. L. 91173, title V,  513 Dec. 30, 1969 83 Stat. 804  961. Functions transferred under 1977 amendments (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 30 U.S.C. 801 30 U.S.C. 721 1 1 (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 30 U.S.C. 801 November 9, 1977 30 U.S.C. 801 (2) Within 60 days after November 9, 1977 30 U.S.C. 812 (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) 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 2 (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. ( Pub. L. 95164, title III,  301 Nov. 9, 1977 91 Stat. 1317 Pub. L. 9638, title I,  100 July 25, 1979 93 Stat. 111  Editorial Notes  References in Text The Federal Coal Mine Health and Safety Act of 1969, referred to in subsecs. (a) and (b)(1), is Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 Pub. L. 95164, title I,  101 Nov. 9, 1977 91 Stat. 1290 section 801 of this title The Federal Metal and Nonmetallic Mine Safety Act, referred to in subsecs. (a) and (b), is Pub. L. 89577 Sept. 16, 1966 80 Stat. 772 Pub. L. 95164, title III,  306(a) Nov. 9, 1977 91 Stat. 1322 This Act, referred to in subsecs. (a), (c)(1), and (e), means Pub. L. 95164 Nov. 9, 1977 91 Stat. 1290 section 557a of Title 29 section 1456a of Title 43 section 801 of this title The date of enactment of this Act, referred to in subsec. (a), is the date of enactment of Pub. L. 95164 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. 91173 Dec. 30, 1969 83 Stat. 742 Pub. L. 95164, title I,  101 Nov. 9, 1977 91 Stat. 1290 section 801 of this title 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 Codification Section was enacted as part of Pub. L. 95164 Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 Amendments 1979Subsec. (a). Pub. L. 9638 Statutory Notes and Related Subsidiaries Effective Date For the effective date of this section, see section 307 of Pub. L. 95164 section 801 of this title  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  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: Provided further Provided further Provided further ( Pub. L. 117328, div. H, title I Dec. 29, 2022 136 Stat. 4845  Editorial Notes  References in Text Secretary, referred to in text, is the Secretary of Labor as referred to in title I of division H of Pub. L. 117328 136 Stat. 4834 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. Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in the following prior appropriation acts: Pub. L. 117103, div. H, title I Mar. 15, 2022 136 Stat. 432 Pub. L. 116260, div. H, title I Dec. 27, 2020 134 Stat. 1558 Pub. L. 11694, div. A, title I Dec. 20, 2019 133 Stat. 2547 Pub. L. 115245, div. B, title I Sept. 28, 2018 132 Stat. 3058 Pub. L. 115141, div. H, title I Mar. 23, 2018 132 Stat. 706 Pub. L. 11531, div. H, title I May 5, 2017 131 Stat. 512 Pub. L. 114113, div. H, title I Dec. 18, 2015 129 Stat. 2593 Pub. L. 113235, div. G, title I Dec. 16, 2014 128 Stat. 2460 Pub. L. 11376, div. H, title I Jan. 17, 2014 128 Stat. 357 Pub. L. 11274, div. F, title I Dec. 23, 2011 125 Stat. 1060 Pub. L. 111117, div. D, title I Dec. 16, 2009 123 Stat. 3235 Pub. L. 1118, div. F, title I Mar. 11, 2009 123 Stat. 759 Pub. L. 110161, div. G, title I Dec. 26, 2007 121 Stat. 2164 Pub. L. 109149, title I Dec. 30, 2005 119 Stat. 2841 Pub. L. 108447, div. F, title I Dec. 8, 2004 118 Stat. 3120 Pub. L. 108199, div. E, title I Jan. 23, 2004 118 Stat. 233 Pub. L. 1087, div. G, title I Feb. 20, 2003 117 Stat. 305 Pub. L. 107116, title I Jan. 10, 2002 115 Stat. 2183 Pub. L. 106554,  1(a)(1) [title I] Dec. 21, 2000 114 Stat. 2763 Pub. L. 106113, div. B,  1000(a)(4) [title I] Nov. 29, 1999 113 Stat. 1535 Pub. L. 105277, div. A,  101(f) [title I] Oct. 21, 1998 112 Stat. 2681337 Pub. L. 10578, title I Nov. 13, 1997 111 Stat. 1475 Pub. L. 104208, div. A, title I,  101(e) [title I] Sept. 30, 1996 110 Stat. 3009233 Pub. L. 104134, title I,  101(d) [title I] Apr. 26, 1996 110 Stat. 1321211 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 103333, title I Sept. 30, 1994 108 Stat. 2545 Pub. L. 103112, title I Oct. 21, 1993 107 Stat. 1088 Pub. L. 102394, title I Oct. 6, 1992 106 Stat. 1797 Pub. L. 102170, title I Nov. 26, 1991 105 Stat. 1112 Pub. L. 101517, title I Nov. 5, 1990 104 Stat. 2195 Pub. L. 101166, title I Nov. 21, 1989 103 Stat. 1164 Pub. L. 100436, title I Sept. 20, 1988 102 Stat. 1686 Pub. L. 100202,  101(h) [title I] Dec. 22, 1987 101 Stat. 1329256 Pub. L. 99500,  101(i) [H.R. 5233, title I] Oct. 18, 1986 100 Stat. 1783287 Pub. L. 99591,  101(i) [H.R. 5233, title I] Oct. 30, 1986 100 Stat. 3341287 Pub. L. 99178, title I Dec. 12, 1985 99 Stat. 1107 Pub. L. 98619, title I Nov. 8, 1984 98 Stat. 3310 Pub. L. 98139, title I Oct. 31, 1983 97 Stat. 876 Pub. L. 97377, title I,  101(e)(1) [title I] Dec. 21, 1982 96 Stat. 1878 Pub. L. 9792,  101(a) [H.R. 4560, title I] Dec. 15, 1981 95 Stat. 1183 Pub. L. 96536,  101(a) [incorporating H.R. 4389, title I, for FY 1980] Dec. 16, 1980 94 Stat. 3166 Pub. L. 96123,  101(g) [H.R. 4389, title I] Nov. 20, 1979 93 Stat. 925 Pub. L. 95480, title I Oct. 18, 1978 92 Stat. 1570 Pub. L. 95355, title I Sept. 8, 1978 92 Stat. 529  963. Technical Study Panel (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 ( Pub. L. 91173, title V,  514 Pub. L. 109236,  11 June 15, 2006 120 Stat. 501  964. Scholarships (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 associates 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 bachelors 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 bachelors 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 bachelors 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. ( Pub. L. 91173, title V,  515 Pub. L. 109236,  12 June 15, 2006 120 Stat. 502  965. Brookwood-Sago Mine Safety Grants (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 1 (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. ( Pub. L. 109236,  14 June 15, 2006 120 Stat. 504  Editorial Notes 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.  966. Retention of fees  The Mine Safety and Health Administration may retain up to $2,499,000 in this fiscal year and each fiscal year thereafter from fees collected for the approval and certification of equipment, materials, and explosives for use in mines, and may utilize such sums for such activities. ( Pub. L. 11376, div. H, title I Jan. 17, 2014 128 Stat. 357  Editorial Notes  References in Text This fiscal year, referred to in text, is fiscal year 2014. Codification Section was enacted as part of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Federal Mine Safety and Health Act of 1977 which comprises this chapter. Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in the following appropriation acts: Pub. L. 117328, div. H, title I Dec. 29, 2022 136 Stat. 4845 Pub. L. 117103, div. H, title I Mar. 15, 2022 136 Stat. 432 Pub. L. 116260, div. H, title I Dec. 27, 2020 134 Stat. 1558 Pub. L. 11694, div. A, title I Dec. 20, 2019 133 Stat. 2547 Pub. L. 115245, div. B, title I Sept. 28, 2018 132 Stat. 3058 Pub. L. 115141, div. H, title I Mar. 23, 2018 132 Stat. 706 Pub. L. 11531, div. H, title I May 5, 2017 131 Stat. 512 Pub. L. 114113, div. H, title I Dec. 18, 2015 129 Stat. 2593 Pub. L. 113235, div. G, title I Dec. 16, 2014 128 Stat. 2460 CHAPTER 23 GEOTHERMAL RESOURCES    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.  1001. Definitions 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 1 (1) Thermal features within units of the National Park System listed in Section 1 August 3, 1987 (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 (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 2 ( Pub. L. 91581,  2 Dec. 24, 1970 84 Stat. 1566 Pub. L. 100443,  2(a) Sept. 22, 1988 102 Stat. 1766 Pub. L. 10958, title II,  236(1) Aug. 8, 2005 119 Stat. 671  Editorial Notes Amendments 2005 Pub. L. 10958,  236(5) Par. (c). Pub. L. 10958,  236(1) Par. (g). Pub. L. 10958,  236(2) 1988Par. (f). Pub. L. 100443 Statutory Notes and Related Subsidiaries Short Title of 2005 Amendment Pub. L. 10958, title II,  221 Aug. 8, 2005 119 Stat. 660 This subtitle [subtitle B ( 221237) of title II of Pub. L. 10958 section 1004 of this title Short Title of 1988 Amendment Pub. L. 100443,  1 Sept. 22, 1988 102 Stat. 1766 This Act [enacting sections 1026 and 1027 of this title, amending this section and sections 191, 2263, 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. 91581,  1 Dec. 24, 1970 84 Stat. 1566 Pub. L. 10958, title II,  236(4) Aug. 8, 2005 119 Stat. 671 This Act [enacting this chapter and amending section 530 of this title  1002. Lands subject to geothermal leasing  Subject to the provisions of section 1014 of this title ( Pub. L. 91581,  3 Dec. 24, 1970 84 Stat. 1566 Pub. L. 10958, title II,  236(1) Aug. 8, 2005 119 Stat. 671  Editorial Notes Amendments 2005 Pub. L. 10958  1002a. Repealed. Pub. L. 97214,  7(16) July 12, 1982 96 Stat. 174   Section, Pub. L. 95356, title VIII,  803(a) Sept. 8, 1978 92 Stat. 585 Pub. L. 96125, title VIII,  802(2) Nov. 26, 1979 93 Stat. 948 Pub. L. 9799, title IX,  908 Dec. 23, 1981 95 Stat. 1385  Pub. L. 95356, title VIII,  803(c) Sept. 8, 1978 92 Stat. 585 Oct. 1, 1978 Pub. L. 97214,  7(16) July 12, 1982 96 Stat. 174 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1982 section 12(a) of Pub. L. 97214 section 2801 of Title 10  1003. Leasing procedures (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) 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) 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. (4) Land subject to oil and gas lease Land under an oil and gas lease issued pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 30 U.S.C. 351 (A) on a determination that geothermal energy will be produced from a well producing or capable of producing oil and gas; and (B) to provide for the coproduction of geothermal energy with oil and gas. (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 1 (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 (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), 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 ( Pub. L. 91581,  4 Dec. 24, 1970 84 Stat. 1566 Pub. L. 10958, title II Aug. 8, 2005 119 Stat. 660 Pub. L. 116260, div. Z, title III,  3105 Dec. 27, 2020 134 Stat. 2516  Editorial Notes  References in Text The Mineral Leasing Act, referred to in subsec. (b)(4), is act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of this title The Mineral Leasing Act for Acquired Lands, referred to in subsec. (b)(4), is act Aug. 7, 1947, ch. 513 61 Stat. 913 section 351 of this title Codification August 8, 2005 Pub. L. 10958 Amendments 2020Subsec. (b)(4). Pub. L. 116260 2005 Pub. L. 10958,  222 Subsecs. (f), (g). Pub. L. 10958,  223(b)  1004. Rents and royalties (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 30 U.S.C. 181 (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 1 (b) Direct use (1) In general Notwithstanding subsection (a)(1), 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 30 U.S.C. 191 section 355 of this title (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. ( Pub. L. 91581,  5 Dec. 24, 1970 84 Stat. 1567 Pub. L. 10958, title II Aug. 8, 2005 119 Stat. 661  Editorial Notes  References in Text The Mineral Leasing Act, referred to in subsec. (a)(2), is act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of this title Amendments 2005 Pub. L. 10958 Subsec. (b). Pub. L. 10958,  223(a)(4) Subsecs. (c), (d). Pub. L. 10958,  224(a)(2) Subsec. (e). Pub. L. 10958,  230(4) Subsec. (f). Pub. L. 10958,  232 Subsec. (g). Pub. L. 10958,  233(b) Statutory Notes and Related Subsidiaries Effective Date of 2005 Amendment Pub. L. 10958, title II,  223(c) Aug. 8, 2005 119 Stat. 662 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 30 U.S.C. 1019 Aug. 8, 2005 Incentives and Royalties for Existing Leases Pub. L. 10958, title II,  224(c) Aug. 8, 2005 119 Stat. 663  (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) Aug. 8, 2005 (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 (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 (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 Aug. 8, 2005 (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 (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 (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 (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.  1005. Lease term and work commitment requirements (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) 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). (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) 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), 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). (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 August 8, 2005 (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 68 Stat. 708 30 U.S.C. 521 ( Pub. L. 91581,  6 Dec. 24, 1970 84 Stat. 1568 Pub. L. 100443 Sept. 22, 1988 102 Stat. 1766 Pub. L. 10958, title II Aug. 8, 2005 119 Stat. 668  Editorial Notes  References in Text The Multiple Mineral Development Act, referred to in subsec. (i), is act Aug. 13, 1954, ch. 730 68 Stat. 708 section 521 of this title Codification August 8, 2005 Pub. L. 10958 Amendments 2005 Pub. L. 10958 1988Subsec. (d). Pub. L. 100443,  2(b) Subsecs. (g) to (j). Pub. L. 100443,  3 Statutory Notes and Related Subsidiaries Consistency Provision Pub. L. 100443,  9 Sept. 22, 1988 102 Stat. 1771 To the extent that any provision in this Act [see Short Title of 1988 Amendment note set out under section 1001 of this title section 101(h) of Public Law 99591 100 Stat. 3341264 100 Stat. 3341266 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. 99500,  101(h) [title I,  115] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I,  115] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 106510,  3(a)(2) Nov. 13, 2000 114 Stat. 2363  (1) The primary term of any geothermal lease in effect as of July 27, 1984 Public Law 91581 84 Stat. 1566 30 U.S.C. 1001102 December 31, 1988 (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 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; Hawaii 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 91581 84 Stat. 1566 30 U.S.C. 1001 (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 Secretarys 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 (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 98473 98 Stat. 1837 Public Law 99190 99 Stat. 1267 (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.  1006. Acreage limitations  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 ( Pub. L. 91581,  7 Dec. 24, 1970 84 Stat. 1569 Pub. L. 10958, title II,  235 Aug. 8, 2005 119 Stat. 671  Editorial Notes Amendments 2005 Pub. L. 10958 December 24, 1970  1007. Readjustment of lease terms and conditions (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 1 (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. ( Pub. L. 91581,  8 Dec. 24, 1970 84 Stat. 1569 Pub. L. 10958, title II Aug. 8, 2005 119 Stat. 668  Editorial Notes Amendments 2005 Pub. L. 10958,  236(8) Subsec. (b). Pub. L. 10958,  229  1008. Byproducts  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. ( Pub. L. 91581,  9 Dec. 24, 1970 84 Stat. 1570 Pub. L. 10958, title II,  236(9) Aug. 8, 2005 119 Stat. 672  Editorial Notes Amendments 2005 Pub. L. 10958  1009. Relinquishment of geothermal rights  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. ( Pub. L. 91581,  10 Dec. 24, 1970 84 Stat. 1570 Pub. L. 10958, title II,  236(10) Aug. 8, 2005 119 Stat. 672  Editorial Notes Amendments 2005 Pub. L. 10958  1010. Suspension of operations and production  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. ( Pub. L. 91581,  11 Dec. 24, 1970 84 Stat. 1570 Pub. L. 10958, title II,  236(11) Aug. 8, 2005 119 Stat. 672  Editorial Notes Amendments 2005 Pub. L. 10958  1011. Termination of leases  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 Secretarys decision after such hearing if the Secretary shall find that a violation exists. ( Pub. L. 91581,  12 Dec. 24, 1970 84 Stat. 1570 Pub. L. 10958, title II,  236(12) Aug. 8, 2005 119 Stat. 672  Editorial Notes Amendments 2005 Pub. L. 10958  1012. Waiver, suspension, or reduction of rental or royalty  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. ( Pub. L. 91581,  13 Dec. 24, 1970 84 Stat. 1570 Pub. L. 10958, title II,  236(13) Aug. 8, 2005 119 Stat. 672  Editorial Notes Amendments 2005 Pub. L. 10958  1013. Surface land use  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. ( Pub. L. 91581,  14 Dec. 24, 1970 84 Stat. 1571 Pub. L. 10958, title II,  236(14) Aug. 8, 2005 119 Stat. 672  Editorial Notes Amendments 2005 Pub. L. 10958  1014. Lands subject to geothermal leasing (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 (c) Exemption of certain Federal lands Geothermal leases under this chapter shall not be issued for lands administered in accordance with (1) the Act of August 25, 1916 39 Stat. 535 1 1 ( Pub. L. 91581,  15 Dec. 24, 1970 84 Stat. 1571 Pub. L. 9591, title III,  301(b) Aug. 4, 1977 91 Stat. 578 Pub. L. 10958, title II,  236(15) Aug. 8, 2005 119 Stat. 672  Editorial Notes  References in Text The Act of August 25, 1916 39 Stat. 535 act Aug. 25, 1916, ch. 408 39 Stat. 535 section 100101 of Title 54 section 1865(a) of Title 18 Pub. L. 113287 Dec. 19, 2014 128 Stat. 3094 section 100101 of Title 54 Amendments 2005 Pub. L. 10958 Statutory Notes and Related Subsidiaries  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. 9591  1015. Requirement for lessees  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. ( Pub. L. 91581,  16 Dec. 24, 1970 84 Stat. 1571 Pub. L. 10958, title II,  236(16) Aug. 8, 2005 119 Stat. 672  Editorial Notes Amendments 2005 Pub. L. 10958  1016. Administration  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. ( Pub. L. 91581,  17 Dec. 24, 1970 84 Stat. 1571 Pub. L. 10958, title II,  236(17) Aug. 8, 2005 119 Stat. 672  Editorial Notes Amendments 2005 Pub. L. 10958  1017. Unit and communitization agreements (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 (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. ( Pub. L. 91581,  18 Dec. 24, 1970 84 Stat. 1571 Pub. L. 100443,  4 Sept. 22, 1988 102 Stat. 1768 Pub. L. 10958, title II,  227 Aug. 8, 2005 119 Stat. 666  Editorial Notes Amendments 2005 Pub. L. 10958 1988 Pub. L. 100443,  4  1018. Data from Federal agencies  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. ( Pub. L. 91581,  19 Dec. 24, 1970 84 Stat. 1572 Pub. L. 10958, title II,  236(18) Aug. 8, 2005 119 Stat. 673  Editorial Notes Amendments 2005 Pub. L. 10958  1019. Disposal of moneys from sales, bonuses, rentals, and royalties (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 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) shall be used consistent with the terms of section 191 of this title ( Pub. L. 91581,  20 Dec. 24, 1970 84 Stat. 1572 Pub. L. 100443,  5(a) Sept. 22, 1988 102 Stat. 1768 Pub. L. 10366, title X,  10202(b) Aug. 10, 1993 107 Stat. 408 Pub. L. 10958, title II,  224(b) Aug. 8, 2005 119 Stat. 663  Editorial Notes Amendments 2005 Pub. L. 10958 section 191(b) of this title section 1005(i) of this title section 191 of this title section 355 of this title 1993 Pub. L. 10366 section 191(b) of this title 1988 Pub. L. 100443  1020. Publication in Federal Register; reservation of mineral rights  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 ( Pub. L. 91581,  21 Dec. 24, 1970 84 Stat. 1572 Pub. L. 10958, title II,  236(1) Aug. 8, 2005 119 Stat. 671  Editorial Notes Amendments 2005 Pub. L. 10958 December 24, 1970 December 24, 1970  1021. Federal exemption from State water laws  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. ( Pub. L. 91581,  22 Dec. 24, 1970 84 Stat. 1573 Pub. L. 10958, title II,  236(20) Aug. 8, 2005 119 Stat. 673  Editorial Notes Amendments 2005 Pub. L. 10958  1022. Prevention of waste; exclusivity (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. ( Pub. L. 91581,  23 Dec. 24, 1970 84 Stat. 1573 Pub. L. 10958, title II,  236(1) Aug. 8, 2005 119 Stat. 671  Editorial Notes Amendments 2005 Pub. L. 10958  1023. Rules and regulations  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. ( Pub. L. 91581,  24 Dec. 24, 1970 84 Stat. 1573 Pub. L. 10958, title II,  236(22) Aug. 8, 2005 119 Stat. 673  Editorial Notes Amendments 2005 Pub. L. 10958 Statutory Notes and Related Subsidiaries  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 Section 7152(b) of Title 42 Pub. L. 97100, title II,  201 Dec. 23, 1981 95 Stat. 1407 Nov. 5, 1981  1024. Inclusion of geothermal leasing under certain other laws  As to any land subject to geothermal leasing under section 1002 of this title December 24, 1970 ( Pub. L. 91581,  25 Dec. 24, 1970 84 Stat. 1573 Pub. L. 10958, title II,  236(1) Aug. 8, 2005 119 Stat. 671  Editorial Notes Amendments 2005 Pub. L. 10958  1025. Federal reservation of certain mineral rights  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 ( Pub. L. 91581,  27 Dec. 24, 1970 84 Stat. 1574 Pub. L. 10958, title II,  236(1) Aug. 8, 2005 119 Stat. 671  Editorial Notes Amendments 2005 Pub. L. 10958  1026. Significant thermal features (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 (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) Hawaii 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 Public Law 98473 ( Pub. L. 91581,  28 Pub. L. 100443,  6 Sept. 22, 1988 102 Stat. 1769 Pub. L. 106510,  3(a)(2) Nov. 13, 2000 114 Stat. 2363 Pub. L. 10958, title II,  236(1) Aug. 8, 2005 119 Stat. 671  Editorial Notes  References in Text Public Law 98473 Pub. L. 98473 Oct. 12, 1984 98 Stat. 1837 Amendments 2005 Pub. L. 10958,  236(26) Subsec. (d)(3). Pub. L. 10958,  236(1) 2000Subsec. (a)(1)(N). Pub. L. 106510,  3(a)(2) Subsec. (a)(1)(O). Pub. L. 106510,  3(b)(2) Statutory Notes and Related Subsidiaries Corwin Springs Known Geothermal Resource Area Study Pub. L. 100443,  8 Sept. 22, 1988 102 Stat. 1771  (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 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. 1001102 (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.  1027. Land subject to prohibition on leasing  The Secretary shall not issue any lease under this chapter on those lands subject to the prohibition provided under section 2263 of this title ( Pub. L. 91581,  29 Pub. L. 100443,  5(d) Sept. 22, 1988 102 Stat. 1769 Pub. L. 10958, title II,  236(27) Aug. 8, 2005 119 Stat. 673  Editorial Notes Amendments 2005 Pub. L. 10958  1028. Hot dry rock geothermal energy (a) Definition of enhanced geothermal systems In this section, the term enhanced geothermal systems has the meaning given the term in section 17191 of title 42 (b) 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 (c) Update to geothermal resource assessment The Secretary of the Interior, acting through the United States Geological Survey, and in consultation with the Secretary of Energy, shall update the 2008 United States geothermal resource assessment carried out by the United States Geological Survey, including (1) with respect to areas previously identified by the Department of Energy or the United States Geological Survey as having significant potential for hydrothermal energy or enhanced geothermal systems energy, by focusing on (A) improving the resolution of resource potential at systematic temperatures and depths, including temperatures and depths appropriate for power generation and direct use applications; (B) quantifying the total potential to coproduce geothermal energy and minerals; (C) incorporating data relevant to underground thermal energy storage and exchange, such as aquifer and soil properties; and (D) producing high resolution maps, including (i) maps that indicate key subsurface parameters for electric and direct use resources; and (ii) risk maps for induced seismicity based on geologic, geographic, and operational parameters; and (2) to the maximum extent practicable, by coordinating with relevant State officials and institutions of higher education to expand geothermal assessments, including enhanced geothermal systems assessments, to include assessments for the Commonwealth of Puerto Rico and the States of Alaska and Hawaii. (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. ( Pub. L. 102486, title XXV,  2501 Oct. 24, 1992 106 Stat. 3101 Pub. L. 116260, div. Z, title III,  3002(m) Dec. 27, 2020 134 Stat. 2496  Editorial Notes 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. Amendments 2020Subsec. (a). Pub. L. 116260,  3002(m)(2) Subsec. (b). Pub. L. 116260,  3002(m)(1) Subsec. (c). Pub. L. 116260,  3002(m)(3) Subsec. (d). Pub. L. 116260,  3002(m)(1) CHAPTER 24 GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION  1101 to 1164. Repealed. Pub. L. 116260, div. Z, title III,  3002(i)(3) Dec. 27, 2020 134 Stat. 2495   Section 1101, Pub. L. 93410,  2 Sept. 3, 1974 88 Stat. 1079  Section 1102, Pub. L. 93410,  3 Sept. 3, 1974 88 Stat. 1080  Section 1121, Pub. L. 93410, title I,  101 Sept. 3, 1974 88 Stat. 1080 Pub. L. 95238, title V,  502 Feb. 25, 1978 92 Stat. 86  Section 1122, Pub. L. 93410, title I,  102 Sept. 3, 1974 88 Stat. 1081 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Section 1123, Pub. L. 93410, title I,  103 Sept. 3, 1974 88 Stat. 1082 Pub. L. 95238, title V,  503 Feb. 25, 1978 92 Stat. 86 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Section 1124, Pub. L. 93410, title I,  104 Sept. 3, 1974 88 Stat. 1083  Section 1125, Pub. L. 93410, title I,  105 Sept. 3, 1974 88 Stat. 1084 Pub. L. 95238, title V,  504 Feb. 25, 1978 92 Stat. 86  Section 1126, Pub. L. 93410, title I,  106 Sept. 3, 1974 88 Stat. 1085  Section 1141, Pub. L. 93410, title II,  201 Sept. 3, 1974 88 Stat. 1086 Pub. L. 9591, title III,  301(a) Aug. 4, 1977 91 Stat. 577 Pub. L. 95238, title V Feb. 25, 1978 92 Stat. 86 Pub. L. 96294, title VI,  641(1) June 30, 1980 94 Stat. 768 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 103437,  11(b) Nov. 2, 1994 108 Stat. 4589  Section 1142, Pub. L. 93410, title II,  202 Sept. 3, 1974 88 Stat. 1087 Pub. L. 9591, title III,  301(a) Aug. 4, 1977 91 Stat. 577 Pub. L. 95238, title V,  510 Feb. 25, 1978 92 Stat. 88  Section 1143, Pub. L. 93410, title II,  203 Sept. 3, 1974 88 Stat. 1087 Pub. L. 96294, title VI,  641(2) June 30, 1980 94 Stat. 769 Pub. L. 102558, title III,  301 Oct. 28, 1992 106 Stat. 4224  Section 1144, Pub. L. 93410, title II,  204 Sept. 3, 1974 88 Stat. 1087 Pub. L. 9591, title III,  301(a) Aug. 4, 1977 91 Stat. 577 Pub. L. 95238, title V,  511 Feb. 25, 1978 92 Stat. 89  Section 1145, Pub. L. 93410, title II,  205 Pub. L. 95238, title V,  512 Feb. 25, 1978 92 Stat. 89 Pub. L. 9591, title III,  301(a) Aug. 4, 1977 91 Stat. 577  Section 1146, Pub. L. 93410, title II,  206 Pub. L. 96294, title VI,  641(3) June 30, 1980 94 Stat. 769  Section 1147, Pub. L. 93410, title II,  207 Pub. L. 96294, title VI,  641(3) June 30, 1980 94 Stat. 769  Section 1161, Pub. L. 93410, title III,  301 Sept. 3, 1974 88 Stat. 1088  Section 1162, Pub. L. 93410, title III,  302 Sept. 3, 1974 88 Stat. 1088 Pub. L. 10466, title I,  1051(m) Dec. 21, 1995 109 Stat. 717  Section 1163, Pub. L. 93410, title III,  303 Sept. 3, 1974 88 Stat. 1088  Section 1164, Pub. L. 93410, title III,  304 Sept. 3, 1974 88 Stat. 1089 Statutory Notes and Related Subsidiaries Short Title Pub. L. 93410,  1 Sept. 3, 1974 88 Stat. 1079 Pub. L. 93410 Pub. L. 116260, div. Z, title III,  3002(i)(3) Dec. 27, 2020 134 Stat. 2495 CHAPTER 25 SURFACE MINING CONTROL AND RECLAMATION    SUBCHAPTER ISTATEMENT OF FINDINGS AND POLICY  Sec.  1201. Congressional findings.  1202. Statement of purpose.  SUBCHAPTER IIOFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT  1211. Office of Surface Mining Reclamation and Enforcement.  SUBCHAPTER IIISTATE 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 IVABANDONED MINE RECLAMATIONS  1231. Abandoned Mine Reclamation Fund.  1231a. Abandoned mine reclamation fund authorization of appropriations.  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.  1245. Abandoned hardrock mine reclamation.  SUBCHAPTER VCONTROL 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 VIDESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING  1281. Designation procedures.  SUBCHAPTER VIIADMINISTRATIVE 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. Experimental 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.  1308a. Use of civil penalty funds to reclaim lands.  1308b. Transfer of computer hardware, software and other technical equipment.  1309. Certification and training of blasters.  1309a. Subsidence.  1309b. Research.  SUBCHAPTER VIIIUNIVERSITY 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 IXENERGY 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. SUBCHAPTER I STATEMENT OF FINDINGS AND POLICY  1201. Congressional findings 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 Nations energy requirements; surface coal mining constitutes one method of extraction of the resource; the overwhelming percentage of the Nations 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 Nations 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 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. ( Pub. L. 9587, title I,  101 Aug. 3, 1977 91 Stat. 447  Editorial Notes  References in Text This chapter, referred to in pars. (e), (f), and (k), was in the original this Act, meaning Pub. L. 9587 Aug. 3, 1977 91 Stat. 445 section 1114 of Title 18 Statutory Notes and Related Subsidiaries Short Title of 2020 Amendment Pub. L. 116260, div. Y,  1 Dec. 27, 2020 134 Stat. 2417 This division [amending section 1232 of this title section 1232 of this title Short Title of 2019 Amendment Pub. L. 11694, div. M,  101 Dec. 20, 2019 133 Stat. 3091 This division [amending section 1232 of this title section 1232 of this title section 401 of Title 26 Short Title of 2017 Amendment Pub. L. 114223, div. C,  202(a) Pub. L. 11530 Apr. 28, 2017 131 Stat. 134 This section [amending section 1232 of this title Short Title of 2016 Amendment Pub. L. 114223, div. C,  167(a) Pub. L. 114254, div. A,  101(3) Dec. 10, 2016 130 Stat. 1009 This section [amending section 1232 of this title Short Title of 2006 Amendment Pub. L. 109432, div. C, title II,  200 Dec. 20, 2006 120 Stat. 3006 This title [enacting section 1244 of this title section 1232 of this title Short Title of 1990 Amendments Pub. L. 101508, title VI,  6001 Nov. 5, 1990 104 Stat. 1388289 This subtitle [subtitle A ( 60016014) of title VI of Pub. L. 101508 section 1240a of this title section 1231 of this title Pub. L. 101498,  1 Nov. 2, 1990 104 Stat. 1207 This Act [enacting section 1230a of this title Short Title of 1988 Amendment Pub. L. 100483,  13 Oct. 12, 1988 102 Stat. 2341 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 Short Title Pub. L. 9587,  1 Aug. 3, 1977 91 Stat. 445 That this Act [enacting this chapter and amending section 1114 of Title 18 Pub. L. 98409,  11 Pub. L. 100483,  12 Oct. 12, 1988 102 Stat. 2341 Pub. L. 104312,  1(b) Oct. 19, 1996 110 Stat. 3819 This Act [enacting subchapter III of this chapter] may be cited as the Mining and Mineral Resources Institutes Act.  1202. Statement of purpose 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 Nations 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 Nations 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 (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. ( Pub. L. 9587, title I,  102 Aug. 3, 1977 91 Stat. 448 SUBCHAPTER II OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT  1211. Office of Surface Mining Reclamation and Enforcement (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 1 section 5108 of title 5 83 Stat. 742 30 U.S.C. 801 (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 (e) Repealed. Pub. L. 96511,  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 section 553 of title 5 section 1296 of this title (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 (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. ( Pub. L. 9587, title II,  201 Aug. 3, 1977 91 Stat. 449 Pub. L. 95240, title I,  100 Mar. 7, 1978 92 Stat. 109 Jan. 1, 1979 92 Stat. 3783 Pub. L. 96511,  4(b) Dec. 11, 1980 94 Stat. 2826  Editorial Notes  References in Text The Federal Coal Mine Health and Safety Act of 1969, referred to in subsecs. (b) and (d), is Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 Pub. L. 95164, title I,  101 Nov. 9, 1977 91 Stat. 1290 section 801 of this title Amendments 1980Subsec. (e). Pub. L. 96511 section 3502(10) of Title 44 1978Subsec. (b). Pub. L. 95240 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96511 Apr. 1, 1981 section 5 of Pub. L. 96511 section 2904 of Title 44 Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 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,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5 Travel and Per Diem Expenses Pub. L. 100446, title I Sept. 27, 1988 102 Stat. 1793 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. 117328, div. G, title I Dec. 29, 2022 136 Stat. 4770 Pub. L. 117103, div. G, title I Mar. 15, 2022 136 Stat. 359 Pub. L. 116260, div. G, title I Dec. 27, 2020 134 Stat. 1489 Pub. L. 11694, div. D, title I Dec. 20, 2019 133 Stat. 2697 Pub. L. 1166, div. E, title I Feb. 15, 2019 133 Stat. 216 Pub. L. 115141, div. G, title I Mar. 23, 2018 132 Stat. 645 Pub. L. 11531, div. G, title I May 5, 2017 131 Stat. 446 Pub. L. 114113, div. G, title I Dec. 18, 2015 129 Stat. 2536 Pub. L. 113235, div. F, title I Dec. 16, 2014 128 Stat. 2406 Pub. L. 11376, div. G, title I Jan. 17, 2014 128 Stat. 298 Pub. L. 11274, div. E, title I Dec. 23, 2011 125 Stat. 995 Pub. L. 11188, div. A, title I Oct. 30, 2009 123 Stat. 2915 Pub. L. 1118, div. E, title I Mar. 11, 2009 123 Stat. 712 Pub. L. 110161, div. F, title I Dec. 26, 2007 121 Stat. 2109 Pub. L. 10954, title I Aug. 2, 2005 119 Stat. 512 Pub. L. 108447, div. E, title I Dec. 8, 2004 118 Stat. 3054 Pub. L. 108108, title I Nov. 10, 2003 117 Stat. 1256 Pub. L. 1087, div. F, title I Feb. 20, 2003 117 Stat. 230 Pub. L. 10763, title I Nov. 5, 2001 115 Stat. 429 Pub. L. 106291, title I Oct. 11, 2000 114 Stat. 933 Pub. L. 106113, div. B,  1000(a)(3) [title I] Nov. 29, 1999 113 Stat. 1535 Pub. L. 105277, div. A,  101(e) [title I] Oct. 21, 1998 112 Stat. 2681231 Pub. L. 10583, title I Nov. 14, 1997 111 Stat. 1553 Pub. L. 104208, div. A, title I,  101(d) [title I] Sept. 30, 1996 110 Stat. 3009181 Pub. L. 104134, title I,  101(c) [title I] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 103332, title I Sept. 30, 1994 108 Stat. 2510 Pub. L. 103138, title I Nov. 11, 1993 107 Stat. 1389 Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1387 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1002 Pub. L. 101512, title I Nov. 5, 1990 104 Stat. 1927 Pub. L. 101121, title I Oct. 23, 1989 103 Stat. 712 Executive Documents  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,  102, 43 F.R. 36037, 92 Stat. 3783 section 1101 of Title 5 Jan. 1, 1979 Dec. 28, 1978 section 1101 of Title 5 SUBCHAPTER III STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES  Editorial Notes Codification Subchapter was not enacted as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter.  1221. Authorization of State allotments to institutes (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 September 30, 1994 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 section 1229 of this title (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. ( Pub. L. 98409,  1 Aug. 29, 1984 98 Stat. 1536 Pub. L. 100483 Oct. 12, 1988 102 Stat. 2339  Editorial Notes 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. Prior Provisions A prior section 1221, Pub. L. 9587, title III,  301 Aug. 3, 1977 91 Stat. 451 Amendments 1988Subsec. (a)(1). Pub. L. 100483,  2 September 30, 1990 September 30, 1994 September 30, 1985 Subsec. (a)(2)(A). Pub. L. 100483,  3 September 30, 1985 September 30, 1986 September 30, 1987 September 30, 1988 September 30, 1989 Subsec. (b). Pub. L. 100483,  4 Statutory Notes and Related Subsidiaries Short Title For short title of Pub. L. 98409 section 11 of Pub. L. 98409 section 1201 of this title  1222. Research funds to institutes (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 September 30, 1994 (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 Nations 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. ( Pub. L. 98409,  2 Aug. 29, 1984 98 Stat. 1537 Pub. L. 100483,  5 Oct. 12, 1988 102 Stat. 2339 Pub. L. 104312,  1(a) Oct. 19, 1996 110 Stat. 3819  Editorial Notes 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. Prior Provisions A prior section 1222, Pub. L. 9587, title III,  302 Aug. 3, 1977 91 Stat. 452 Amendments 1996Subsec. (a). Pub. L. 104312 1988Subsec. (a). Pub. L. 100483 September 30, 1990 September 30, 1994 September 30, 1985  1223. Funding criteria (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. ( Pub. L. 98409,  3 Aug. 29, 1984 98 Stat. 1538  Editorial Notes 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. Prior Provisions A prior section 1223, Pub. L. 9587, title III,  303 Aug. 3, 1977 91 Stat. 453  1224. Duties of Secretary (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 section 1223(a) of this title ( Pub. L. 98409,  4 Aug. 29, 1984 98 Stat. 1538 Pub. L. 100483,  6 Oct. 12, 1988 102 Stat. 2340 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Editorial Notes 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 section 3003 of Pub. L. 10466 section 1113 of Title 31 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. Prior Provisions A prior section 1224, Pub. L. 9587, title III,  304 Aug. 3, 1977 91 Stat. 454 Amendments 1988Subsec. (a). Pub. L. 100483 Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted for Bureau of Mines in subsec. (a) pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title  1225. Effect on colleges and universities  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. ( Pub. L. 98409,  5 Aug. 29, 1984 98 Stat. 1539  Editorial Notes 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. Prior Provisions A prior section 1225, Pub. L. 9587, title III,  305 Aug. 3, 1977 91 Stat. 454  1226. Research (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 96517 (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 September 30, 1994 (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. ( Pub. L. 98409,  6 Aug. 29, 1984 98 Stat. 1539 Pub. L. 100483,  7 Oct. 12, 1988 102 Stat. 2340  Editorial Notes  References in Text Public Law 96517 Pub. L. 96517 Dec. 12, 1980 94 Stat. 3015 Section 6(a) of Pub. L. 96517 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. Prior Provisions A prior section 1226, Pub. L. 9587, title III,  306 Aug. 3, 1977 91 Stat. 454 Amendments 1988Subsec. (d). Pub. L. 100483 September 30, 1984  1227. Center for cataloging  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. ( Pub. L. 98409,  7 Aug. 29, 1984 98 Stat. 1540  Editorial Notes 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. Prior Provisions A prior section 1227, Pub. L. 9587, title III,  307 Aug. 3, 1977 91 Stat. 455  1228. Interagency cooperation 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. ( Pub. L. 98409,  8 Aug. 29, 1984 98 Stat. 1540  Editorial Notes 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. Prior Provisions A prior section 1228, Pub. L. 9587, title III,  308 Aug. 3, 1977 91 Stat. 455  1229. Committee on Mining and Mineral Resources Research (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 1 section 5332 of title 5 (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 (f) Application of chapter 10 of title 5 Section 1009 of title 5 ( Pub. L. 98409,  9 Aug. 29, 1984 98 Stat. 1540 Pub. L. 100483 Oct. 12, 1988 102 Stat. 2340 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172 Pub. L. 117286,  4(a)(193) Dec. 27, 2022 136 Stat. 4327  Editorial Notes Codification Section was enacted as part of the Mining and Mineral Resources Institutes Act, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. Prior Provisions A prior section 1229, Pub. L. 9587, title III,  309 Aug. 3, 1977 91 Stat. 455 Amendments 2022Subsec. (f). Pub. L. 117286 Section 1009 of title 5 1988Subsec. (a)(7). Pub. L. 100483,  8 Subsec. (e). Pub. L. 100483,  9 Statutory Notes and Related Subsidiaries  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. 102285 section 1 of this title section 1 of this title Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 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,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5 Reports Pub. L. 100483,  11 Oct. 12, 1988 102 Stat. 2341 Jan. 15, 1992 section 1230 of this title Jan. 15, 1990  1230. Eligibility criteria (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), those colleges or universities which, on October 12, 1988 January 15, 1992 (2) Generic mineral technology centers established by the Secretary under this subchapter are to be composed of institutes eligible pursuant to subsection (a). Existing generic mineral technology centers shall continue to be eligible under this subchapter subject to at least one review prior to January 15, 1992 ( Pub. L. 98409,  10 Aug. 29, 1984 98 Stat. 1541 Pub. L. 100483,  10 Oct. 12, 1988 102 Stat. 2340  Editorial Notes  References in Text The Mining and Mineral Resources Research Institute Amendments of 1988, referred to in subsec. (b), is Pub. L. 100483 Oct. 12, 1988 102 Stat. 2339 section 1229 of this title section 1201 of this title 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. Amendments 1988Subsec. (b). Pub. L. 100483 August 29, 1984 91 Stat. 445 October 1, 1984  1230a. Strategic Resources Generic Mineral Technology Center (a) Establishment The Secretary of 1 1 (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) 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. ( Pub. L. 98409,  12 Pub. L. 101498,  2 Nov. 2, 1990 104 Stat. 1207  Editorial Notes 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. SUBCHAPTER IV ABANDONED MINE RECLAMATIONS  1231. Abandoned Mine Reclamation Fund (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). (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 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 (10) for the purpose described in section 1232(h) of this title (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 (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 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 (2) Amounts (A) For fiscal years 2008 through 2035 For each of fiscal years 2008 through 2035, 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 (ii) the amount needed for the adjustment under section 1232(g)(8) of this title (B) Fiscal years 2036 and thereafter For fiscal year 2036 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 2035. (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 section 1232(g) of this title section 1240a(h)(3) of this title section 1240a(h)(2) of this title section 1232(g)(5) of this title (ii) the amounts allocated under section 1232(g)(8) of this title (B) Exclusion Beginning on October 1, 2007 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 (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. ( Pub. L. 9587, title IV,  401 Aug. 3, 1977 91 Stat. 456 Pub. L. 98473, title I,  101(c) [title III,  324] Oct. 12, 1984 98 Stat. 1837 Pub. L. 101508, title VI,  6002 Nov. 5, 1990 104 Stat. 1388289 Pub. L. 102486, title XIX,  19143(b)(3)(A) Oct. 24, 1992 106 Stat. 3056 Pub. L. 109432, div. C, title II,  201(a) Dec. 20, 2006 120 Stat. 3006 Pub. L. 11758, div. D, title VII,  40703 Nov. 15, 2021 135 Stat. 1093  Editorial Notes Amendments 2021Subsec. (f)(2)(A). Pub. L. 11758,  40703(1) Subsec. (f)(2)(B). Pub. L. 11758,  40703(2) 2006Subsec. (c)(2) to (13). Pub. L. 109432,  201(a)(1) (2) for transfer on an annual basis to the Secretary of Agriculture for use under section 1236 of this title (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. 109432,  201(a)(2) Subsec. (e). Pub. L. 109432,  201(a)(3) section 1232(h) of this title section 1232(h) of this title Subsec. (f). Pub. L. 109432,  201(a)(4) 1992Subsec. (c)(6). Pub. L. 102486,  2504(c)(1) Subsec. (c)(12), (13). Pub. L. 102486,  19143(b)(3)(A) 1990Subsec. (b)(1). Pub. L. 101508,  6002(a)(1) section 1232 of this title Provided section 1257(c) of this title section 1302 of this title Provided further Subsec. (b)(5). Pub. L. 101508,  6002(a)(2) Subsec. (c)(1). Pub. L. 101508,  6002(b)(1) Subsec. (c)(2). Pub. L. 101508,  6002(b)(2) section 1236 of this title Subsec. (c)(6). Pub. L. 101508,  6002(b)(3) Subsec. (c)(10) to (12). Pub. L. 101508,  6002(b)(5) Subsec. (e). Pub. L. 101508,  6002(c) 1984Subsec. (c)(1). Pub. L. 98473 section 1253 of this title Provided section 1232(g)(2) of this title Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Pub. L. 101508, title VI,  6014 Nov. 5, 1990 104 Stat. 1388298 The amendments made by this subtitle [subtitle A ( 60016014) of title VI of Pub. L. 101508 section 1240a of this title Oct. 1, 1991 Savings Provision Pub. L. 101508, title VI,  6013 Nov. 5, 1990 104 Stat. 1388298 Nothing in this subtitle [subtitle A ( 60016014) of title VI of Pub. L. 101508 section 1201 of this title Nov. 5, 1990 Wage Rate Requirements For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758 section 18851 of Title 42 Abandoned Mine Reclamation Fund; Deposit and Expenditure of Certain Donations Pub. L. 105277, div. A,  101(e) [title I] Oct. 21, 1998 112 Stat. 2681231 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 Abandoned Mine Reclamation Research and Development Pub. L. 99509, title III,  3501 Oct. 21, 1986 100 Stat. 1891 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172 Pub. L. 99509  1231a. Abandoned mine reclamation fund authorization of appropriations (a) In general There is authorized to be appropriated, for deposit into the Abandoned Mine Reclamation Fund established by section 401(a) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231(a) (b) Use of funds (1) In general Subject to subsection (g), amounts made available under subsection (a) shall be used to provide, as expeditiously as practicable, to States and Indian Tribes described in paragraph (2) annual grants for abandoned mine land and water reclamation projects under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 (2) Eligible grant recipients Grants may be made under paragraph (1) to (A) States and Indian Tribes that have a State or Tribal program approved under section 405 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1235 (B) States and Indian Tribes that are certified under section 411(a) of that Act ( 30 U.S.C. 1240a(a) (C) States and Indian Tribes that are referred to in section 402(g)(8)(B) of that Act ( 30 U.S.C. 1232(g)(8)(B) (3) Contract aggregation In applying for grants under paragraph (1), States and Indian Tribes may aggregate bids into larger statewide or regional contracts. (c) Covered activities (1) In general Except as provided in paragraph (2), grants under subsection (b)(1) shall only be used for activities described in subsections (a) and (b) of section 403 and section 410 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1233 (2) Long-term abandoned mine land reclamation (A) In general Not more than 30 percent of the total amount of a grant made annually under subsection (b)(1) may be retained by the recipient of the grant if those amounts are deposited into a long-term abandoned mine land reclamation fund established under State law, from which amounts (together with all interest earned on the amounts) are expended by the State or Indian Tribe, as applicable, for (i) the abatement of the causes and the treatment of the effects of acid mine drainage resulting from coal mining practices, including for the costs of building, operating, maintaining, and rehabilitating acid mine drainage treatment systems; (ii) the prevention, abatement, and control of subsidence; or (iii) the prevention, abatement, and control of coal mine fires. (B) Reporting requirements Each recipient of a grant under subsection (b)(1) that deposits grant amounts into a long-term abandoned mine land reclamation fund under subparagraph (A) shall (i) offer amendments to the inventory maintained under section 403(c) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1233(c) (I) acid mine drainage abatement and treatment; (II) subsidence prevention, abatement, and control; and (III) coal mine fire prevention, abatement, and control; and (ii) include in the annual grant report of the recipient information on the status and balance of amounts in the long-term abandoned mine land reclamation fund. (C) Term Amounts retained under subparagraph (A) shall not be subject to (i) subsection (d)(4)(B); or (ii) any other limitation on the length of the term of an annual grant under subsection (b)(1). (d) Allocation (1) In general Subject to subsection (e), the Secretary of the Interior shall allocate and distribute amounts made available for grants under subsection (b)(1) to States and Indian Tribes on an equal annual basis over a 15-year period beginning on November 15, 2021 August 3, 1977 30 U.S.C. 1240a(a) (2) Surface Mining Control and Reclamation Act exception Section 401(f)(3)(B) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231(f)(3)(B) (3) Report to Congress on allocations (A) In general Not later than 6 years after the date on which the first allocation to States and Indian Tribes is made under paragraph (1), the Secretary of the Interior shall submit to Congress a report that describes any progress made under this section in addressing outstanding reclamation needs under subsection (a) or (b) of section 403 or section 410 of the Surface Mining Control and Reclamation and 1 1 30 U.S.C. 1233 (B) Input The Secretary of the Interior shall (i) prior to submitting the report under subparagraph (A), solicit the input of the States and Indian Tribes regarding the progress referred to in that subparagraph; and (ii) include in the report submitted to Congress under that subparagraph a description of any input received under clause (i). (4) Redistribution of funds (A) Evaluation Not later than 20 years after November 15, 2021 (B) Unused funds On completion of the evaluation under subparagraph (A), States and Indian Tribes shall return any unused funds under this section to the Abandoned Mine Reclamation Fund. (e) Total amount of grant The total amount of grant funding provided under subsection (b)(1) to an eligible State or Indian Tribe shall be not less than $20,000,000, to the extent that the amount needed for reclamation projects described in that subsection on the land of the State or Indian Tribe is not less than $20,000,000. (f) Priority In addition to the priorities described in section 403(a) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1233(a) (g) Reservation Of the funds made available under subsection (a), $25,000,000 shall be made available to the Secretary of the Interior to provide States and Indian Tribes with the financial and technical assistance necessary for the purpose of making amendments to the inventory maintained under section 403(c) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1233(c) ( Pub. L. 11758, div. D, title VII,  40701 Nov. 15, 2021 135 Stat. 1091 Pub. L. 117328, div. DD, title VIII,  801 Dec. 29, 2022 136 Stat. 5622  Editorial Notes  References in Text The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (b)(1), is Pub. L. 9587 Aug. 3, 1977 91 Stat. 445 section 1201 of this title Codification Section was enacted as part of the Infrastructure Investment and Jobs Act, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. Amendments 2022Subsec. (c). Pub. L. 117328 Statutory Notes and Related Subsidiaries Wage Rate Requirements For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758 section 18851 of Title 42  Definitions For definition of Indian Tribe as used in this section, see section 5304 of Title 25 section 18701(2) of Title 42  1232. Reclamation fee (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 22.4 cents per ton of coal produced by surface coal mining and 9.6 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 6.4 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 September 30, 2034 (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 1 section 1256 of this title (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) 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), 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 section 1240a(a) of this title section 1240a(b) of this title 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 2 section 1235 of this title (ii) Lands and waters which are eligible pursuant to section 1234 of this title section 1240a(a) of this title section 1240a(b) of this title 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 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 section 1231(c)(9) of this title (B) For the purpose of section 1240 of this title (C) For the purpose of meeting the objectives of the fund set forth in section 1233(a) of this title section 1234 of this title 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 section 1253 of this title (ii) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977 November 5, 1990 November 5, 1990 (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 (D) Amounts collected from the assessment of civil penalties under section 1268 of this title (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 section 1233(a) of this title (F) For the purposes of the certification referred to in section 1240a(a) of this title section 1233(a) of this title section 1234 of this title 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 section 1233(a) of this title August 3, 1977 (B) Any amount that is reallocated and available under section 1240a(h)(3) of this title (6) (A) Any State with an approved abandoned mine reclamation program pursuant to section 1235 of this title (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 section 1233(a) of this title (II) the subject of expenditures by the State from the forfeiture of bonds required under section 1259 of this title (7) In complying with the priorities described in section 1233(a) of this title section 1233(a)(3) of this title section 1233(a) of this title December 20, 2006 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 section 1234 of this title 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 (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 (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 (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 (i) Transfer to the Plan A transfer to the Multiemployer Health Benefit Plan established after July 20, 1992 (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 (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. (ii) Calculation of excess The excess determined under clause (i) shall be calculated by taking into account only (I) those beneficiaries actually enrolled in the Plan as of December 27, 2020 (II) those beneficiaries whose health benefits, defined as those benefits payable, following death or retirement or upon a finding of disability, directly by an employer in the bituminous coal industry under a coal wage agreement (as defined in section 9701(b)(1) of title 26 1 1 (III) the cost of administering the resolution of disputes process administered (as of December 27, 2020 For purposes of subclause (I), a beneficiary enrolled in the Plan as of December 27, 2020 January 1, 2020 (iii) Eligibility of certain retirees Individuals referred to in clause (ii)(II) shall be treated as eligible to receive health benefits under the Plan. (iv) Requirements for transfer The amount of the transfer otherwise determined under this subparagraph for a fiscal year shall be reduced by any amount transferred for the fiscal year to the Plan, to pay benefits required under the Plan, from a voluntary employees beneficiary association established as a result of a bankruptcy proceeding described in clause (ii). (v) VEBA transfer The administrator of such voluntary employees beneficiary association shall transfer to the Plan any amounts received as a result of such bankruptcy proceeding, reduced by an amount for administrative costs of such association. (vi) Related coal wage agreement For purposes of clause (ii), the term related coal wage agreement means an agreement between the United Mine Workers of America and an employer in the bituminous coal industry that (I) is a signatory operator; or (II) is or was a debtor in a bankruptcy proceeding that was consolidated, administratively or otherwise, with the bankruptcy proceeding of a signatory operator or a related person to a signatory operator (as those terms are defined in section 9701(c) of title 26 (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 September 30, 2004 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 section 1236 of this title December 20, 2006 (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 December 31, 2010 December 20, 2006 (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 (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 section 9706(h)(1) of title 26 (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 October 1, 2008 October 1, 2009 October 1, 2010 section 9704(a) of title 26 September 7, 2000 section 9701(c) of title 26 (i) prior to December 20, 2006 (I) had all of its beneficiary assignments made under section 9706 of title 26 (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 (ii) on or before September 7, 2000 (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 $750,000,000. (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 under paragraph (1) so that (i) each such 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 paragraph (1) for the fiscal year. (C) Increase in limitation to account for calculation of health benefit plan excess The dollar limitation under subparagraph (A) shall be increased by the amount of the cost to provide benefits which are taken into account under subsection (h)(2)(C)(ii) solely by reason of the amendments made by section 2(a) of the American Miner Benefits Improvement Act of 2020. (4) Additional amounts (A) Calculation If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount equal to the difference between such dollar limitation and such aggregate amount to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan. (B) Cessation of transfers The transfers described in subparagraph (A) shall cease as of the first fiscal year beginning after the first plan year for which the funded percentage (as defined in section 432(j)(2) of title 26 (C) Prohibition on benefit increases, etc. During a fiscal year in which the 1974 UMWA Pension Plan is receiving transfers under subparagraph (A), no amendment of such plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 of title 26 [ 26 U.S.C. 401 (D) Critical status to be maintained Until such time as the 1974 UMWA Pension Plan ceases to be eligible for the transfers described in subparagraph (A) (i) the Plan shall be treated as if it were in critical status for purposes of sections 412(b)(3), 432(e)(3), and 4971(g)(1)(A) of title 26 and sections 1082(b)(3) and 1085(e)(3) of title 29; (ii) the Plan shall maintain and comply with its rehabilitation plan under section 432(e) of such Code and section 1085(e) of title 29 (iii) the provisions of subsections (c) and (d) of section 432 of such Code and subsections (c) and (d) of section 1085 of title 29 (E) Treatment of transfers for purposes of withdrawal liability under ERISA The amount of any transfer made under subparagraph (A) (and any earnings attributable thereto) shall be disregarded in determining the unfunded vested benefits of the 1974 UMWA Pension Plan and the allocation of such unfunded vested benefits to an employer for purposes of determining the employers withdrawal liability under section 1381 of title 29 (F) Requirement to maintain contribution rate A transfer under subparagraph (A) shall not be made for a fiscal year unless the persons that are obligated to contribute to the 1974 UMWA Pension Plan 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, 2019 (G) Enhanced annual reporting (i) In general Not later than the 90th day of each plan year beginning after December 20, 2019 (I) whether the plan is in endangered or critical status under section 1085 of title 29 section 432 of title 26 (II) the funded percentage (as defined in section 432(j)(2) of title 26 (III) the market value of the assets of the plan as of the last day of the plan year preceding such plan year; (IV) the total value of all contributions made during the plan year preceding such plan year; (V) the total value of all benefits paid during the plan year preceding such plan year; (VI) cash flow projections for such plan year and either the 6 or 10 succeeding plan years, at the election of the trustees, and the assumptions relied upon in making such projections; (VII) funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections; (VIII) the total value of all investment gains or losses during the plan year preceding such plan year; (IX) any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction; (X) a list of employers that withdrew from the plan in the plan year preceding such plan year, and the resulting reduction in contributions; (XI) a list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability; (XII) any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year; (XIII) any scheduled benefit increase or decrease in the plan year preceding such plan year having a material effect on liabilities of the plan; (XIV) details regarding any funding improvement plan or rehabilitation plan and updates to such plan; (XV) the number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries; (XVI) the information contained on the most recent annual funding notice submitted by the plan under section 1021(f) of title 29 (XVII) the information contained on the most recent Department of Labor Form 5500 of the plan; and (XVIII) copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, copies of collective bargaining agreements, and financial reports, and such other information as the Secretary of the Treasury or the Secretarys delegate, in consultation with the Secretary of Labor and the Director of the Pension Benefit Guaranty Corporation, may require. (ii) Electronic submission The report required under clause (i) shall be submitted electronically. (iii) Information sharing The Secretary of the Treasury or the Secretarys delegate shall share the information in the report under clause (i) with the Secretary of Labor. (iv) Penalty Any failure to file the report required under clause (i) on or before the date described in such clause shall be treated as a failure to file a report required to be filed under section 6058(a) of title 26 section 6652(e) of title 26 (H) 1974 UMWA Pension Plan defined For purposes of this paragraph, the term 1974 UMWA Pension Plan has the meaning given the term in section 9701(a)(3) of title 26 (5) 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. ( Pub. L. 9587, title IV,  402 Aug. 3, 1977 91 Stat. 457 Pub. L. 10034, title I,  101 May 7, 1987 101 Stat. 300 Pub. L. 101508, title VI Nov. 5, 1990 104 Stat. 1388290 Pub. L. 102486, title XIX,  19143(b)(1) Oct. 24, 1992 106 Stat. 3056 Pub. L. 108447, div. E, title I,  135(a) Dec. 8, 2004 118 Stat. 3068 Pub. L. 10913, div. A, title VI,  6035 May 11, 2005 119 Stat. 289 Pub. L. 10954, title I,  129 Aug. 2, 2005 119 Stat. 525 Pub. L. 109234, title VII,  7007 June 15, 2006 120 Stat. 483 Pub. L. 109432, div. C, title II,  202 Dec. 20, 2006 120 Stat. 3008 Pub. L. 110343, div. C, title VI,  602 Oct. 3, 2008 122 Stat. 3911 Pub. L. 114223, div. C,  167(b) Pub. L. 114254, div. A,  101(3) Dec. 10, 2016 130 Stat. 1009 Pub. L. 114223, div. C,  202(b) Pub. L. 11530 Apr. 28, 2017 131 Stat. 134 Pub. L. 11531, div. M, title I,  104(a) May 5, 2017 131 Stat. 803 Pub. L. 11694, div. M Dec. 20, 2019 133 Stat. 3091 Pub. L. 116260, div. Y,  2(a) Dec. 27, 2020 134 Stat. 2417 Pub. L. 11758, div. D, title VII,  40702 Nov. 15, 2021 135 Stat. 1092  Editorial Notes  References in Text The amendments made by section 2(a) of the American Miner Benefits Improvement Act of 2020, referred to in subsec. (i)(3)(C), are the amendments made to subsec. (h)(2)(C)(ii) of this section made by section 2(a) of div. Y of Pub. L. 116260 Codification November 5, 1990 Pub. L. 101508 Amendments 2021Subsec. (a). Pub. L. 11758,  40702(a) Subsec. (b). Pub. L. 11758,  40702(b) September 30, 2034 September 30, 2021 2020Subsec. (h)(2)(C)(ii). Pub. L. 116260,  2(a)(4) January 1, 2020 January 1, 2019 Pub. L. 116260,  2(a)(1) December 27, 2020 December 20, 2019 Subsec. (h)(2)(C)(ii)(II). Pub. L. 116260,  2(a)(3) Pub. L. 116260,  2(a)(2) Subsec. (i)(3)(C). Pub. L. 116260,  2(b) 2019Subsec. (h)(2)(C)(ii). Pub. L. 11694,  103(4) January 1, 2019 January 1, 2017 Pub. L. 11694,  103(1) December 20, 2019 May 5, 2017 Subsec. (h)(2)(C)(ii)(II). Pub. L. 11694,  103(2) Subsec. (h)(2)(C)(ii)(III). Pub. L. 11694,  103(3) Subsec. (h)(2)(C)(vi). Pub. L. 11694,  103(5) Subsec. (i)(3)(A). Pub. L. 11694,  102(a)(1) Subsec. (i)(4), (5). Pub. L. 11694,  102(a)(2) 2017Subsec. (h)(2)(C)(ii). Pub. L. 11531 Pub. L. 114223, div. C,  202(b)(3) Pub. L. 11530 April 28, 2017 January 1, 2017 Subsec. (h)(2)(C)(ii)(II). Pub. L. 114223, div. C,  202(b)(1) Pub. L. 11530 May 5, 2017 April 30, 2017 Subsec. (h)(2)(C)(ii)(II)(aa). Pub. L. 114223, div. C,  202(b)(2) Pub. L. 11530 April 28, 2017 December 10, 2016 Subsec. (h)(2)(C)(iii), (iv). Pub. L. 11531 (iii) Eligibility of certain retirees January 1, 2017 (iv) Requirements for transfer 2016Subsec. (h)(2)(C). Pub. L. 114223, div. C,  167(b) Pub. L. 114254, div. A,  101(3) December 31, 2006 Subsec. (i)(3)(B). Pub. L. 114223, div. C,  167(c) Pub. L. 114254, div. A,  101(3) 2008Subsec. (i)(1)(C). Pub. L. 110343 October 1, 2009 October 1, 2010 October 1, 2009 2006Subsec. (a). Pub. L. 109432,  202(a)(2) Pub. L. 109432,  202(a)(1) Subsec. (b). Pub. L. 109432,  202(b) September 30, 2021 September 30, 2007 Pub. L. 109234 September 30, 2007 June 30, 2006 Subsec. (g)(1)(D). Pub. L. 109432,  202(c)(1) Subsec. (g)(2). Pub. L. 109432,  202(c)(2) section 1231(e) of this title section 1231(c)(2) of this title Subsec. (g)(3). Pub. L. 109432,  202(c)(3)(A) Subsec. (g)(3)(A). Pub. L. 109432,  202(c)(3)(B) Subsec. (g)(3)(E). Pub. L. 109432,  202(c)(3)(C) Subsec. (g)(5). Pub. L. 109432,  202(c)(4) Subsec. (g)(6) to (8). Pub. L. 109432,  202(c)(5) Subsecs. (h), (i). Pub. L. 109432,  202(d) 2005Subsec. (b). Pub. L. 10954 June 30, 2006 September 30, 2005 Pub. L. 10913 September 30, 2005 June 30, 2005 2004Subsec. (b). Pub. L. 108447 June 30, 2005 September 30, 2004 1992Subsec. (b). Pub. L. 102486,  2515 Pub. L. 102486,  19143(b)(1) Pub. L. 102486,  19143(b)(1) Subsec. (g)(1). Pub. L. 102486,  19143(b)(3)(B) Subsec. (h). Pub. L. 102486,  19143(b)(2) 1990Subsec. (b). Pub. L. 101508,  6003(a) September 30, 1995 August 3, 1977 Subsec. (c). Pub. L. 101508,  6003(b) section 1256 of this title Subsec. (d). Pub. L. 101508,  6003(c) Subsec. (f). Pub. L. 101508,  6003(d) section 4121 of title 26 Subsec. (g). Pub. L. 101508,  6004 1987Subsec. (g)(3), (4). Pub. L. 10034 Statutory Notes and Related Subsidiaries Effective Date of 2020 Amendment Pub. L. 116260, div. Y,  2(c) Dec. 27, 2020 134 Stat. 2418  (1)  In general Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [ Dec. 27, 2020 (2)  Subsection The amendment made by subsection (a)(3) [amending this section] shall apply to denials and reductions after December 31, 2019 Effective Date of 2019 Amendment Pub. L. 11694, div. M,  102(b) Dec. 20, 2019 133 Stat. 3094  (1)  In general The amendments made by this section [amending this section] shall apply to fiscal years beginning after September 30, 2016 (2)  Reporting requirements Section 402(i)(4)(G) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(i)(4)(G) Dec. 20, 2019 Effective Date of 2017 Amendment Pub. L. 11531, div. M, title I,  104(b) May 5, 2017 131 Stat. 804 The amendments made by this section [amending this section] shall apply to fiscal years beginning after September 30, 2016 Effective Date of 2006 Amendment Pub. L. 109432, div. C, title II,  202(a)(1) Dec. 20, 2006 120 Stat. 3008 Oct. 1, 2007 Pub. L. 109432, div. C, title II,  202(a)(2) Dec. 20, 2006 120 Stat. 3008 Oct. 1, 2012 Pub. L. 109432, div. C, title II,  202(b) Dec. 20, 2006 120 Stat. 3008 Sept. 30, 2007 Effective Date of 1990 Amendment Amendment by Pub. L. 101508 Oct. 1, 1991 section 6014 of Pub. L. 101508 section 1231 of this title Wage Rate Requirements For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758 section 18851 of Title 42  1233. Objectives of fund (a) Priorities Expenditure of moneys from the fund on lands and water eligible pursuant to section 1234 of this title section 1240a of this title (1) (A) the protection; 1 1 (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 section 1232(g) of this title (2) If the adverse effect on water supplies referred to in this subsection occurred both prior to and after August 3, 1977 section 1232(g)(4)(B) of this title section 1234 of this title August 3, 1977 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 section 1240a(a) of this title section 1234 of this title section 1235 of this title section 1235 of this title ( Pub. L. 9587, title IV,  403 Aug. 3, 1977 91 Stat. 458 Pub. L. 101508, title VI,  6005 Nov. 5, 1990 104 Stat. 1388294 Pub. L. 102486, title XXV,  2504(c)(2) Oct. 24, 1992 106 Stat. 3105 Pub. L. 109432, div. C, title II,  203 Dec. 20, 2006 120 Stat. 3015  Editorial Notes Amendments 2006Subsec. (a)(1). Pub. L. 109432,  203(1)(A) Subsec. (a)(2). Pub. L. 109432,  203(1)(B) Subsec. (a)(3). Pub. L. 109432,  203(1)(C) Subsec. (a)(4), (5). Pub. L. 109432,  203(1)(D) (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. 109432,  203(2)(A) Subsec. (b)(1). Pub. L. 109432,  203(2)(B) Subsec. (c). Pub. L. 109432,  203(3) 1992Subsec. (a)(4) to (6). Pub. L. 102486,  2504(c)(2) Subsec. (b)(2). Pub. L. 102486,  2504(e) section 1232(g)(4)(B) of this title 1990 Pub. L. 101508 section 1240a of this title Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101508 Oct. 1, 1991 section 6014 of Pub. L. 101508 section 1231 of this title  1234. Eligible lands and water  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 August 3, 1977 section 1232(g)(4) of this title section 1233(b)(1) of this title section 1239 of this title section 1269 of this title section 1240 of this title ( Pub. L. 9587, title IV,  404 Aug. 3, 1977 91 Stat. 459 Pub. L. 101508, title VI,  6006 Nov. 5, 1990 104 Stat. 1388295 Pub. L. 102486, title XXV,  2503(d) Oct. 24, 1992 106 Stat. 3103  Editorial Notes Amendments 1992 Pub. L. 102486 section 1269 of this title section 1240 of this title 1990 Pub. L. 101508 section 1240a of this title section 1232(g)(4) of this title section 1233(b)(1) of this title section 1239 of this title Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101508 Oct. 1, 1991 section 6014 of Pub. L. 101508 section 1231 of this title  1235. State reclamation program (a) Promulgation of regulations Not later than the end of the one hundred and eighty-day period immediately following August 3, 1977 (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 (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 years grant: which inventory shall include details of financial expenditures on such project together with a brief description of each such project, including project locations, landowners 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 section 1232(g) of this title (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 (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. ( Pub. L. 9587, title IV,  405 Aug. 3, 1977 91 Stat. 459 Pub. L. 10071, title I July 11, 1987 101 Stat. 416 Pub. L. 101508, title VI Nov. 5, 1990 104 Stat. 1388295  Editorial Notes Amendments 1990Subsec. (a). Pub. L. 101508,  6012(d)(1) Subsec. (h). Pub. L. 101508,  6012(d)(2) Subsec. ( l Pub. L. 101508,  6007 l 1987Subsec. (k). Pub. L. 10071 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101508 Oct. 1, 1991 section 6014 of Pub. L. 101508 section 1231 of this title Grant of Funds to States Under Surface Mining Control and Reclamation Act Pub. L. 97377, title I,  150 Dec. 21, 1982 96 Stat. 1918 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. 9587 section 1201 of this title  1236. Reclamation of rural lands (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 (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. ( Pub. L. 9587, title IV,  406 Aug. 3, 1977 91 Stat. 460 Pub. L. 9798, title XV,  1551 Dec. 22, 1981 95 Stat. 1344 Pub. L. 101508, title VI Nov. 5, 1990 104 Stat. 1388295 Pub. L. 109432, div. C, title II,  204 Dec. 20, 2006 120 Stat. 3016  Editorial Notes Amendments 2006Subsec. (h). Pub. L. 109432,  204(a) Subsec. (i). Pub. L. 109432,  204(b) 1990Subsec. (a). Pub. L. 101508,  6012(d)(3) Subsec. (d). Pub. L. 101508,  6008 Subsec. (i). Pub. L. 101508,  6012(c) section 1231 of this title 1981Subsec. (d). Pub. L. 9798 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101508 Oct. 1, 1991 section 6014 of Pub. L. 101508 section 1231 of this title Effective Date of 1981 Amendment Amendment by Pub. L. 9798 Dec. 22, 1981 section 1801 of Pub. L. 9798 section 4301 of Title 7  1237. Acquisition and reclamation of land adversely affected by past coal mining practices (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 (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), 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 Provided ( Pub. L. 9587, title IV,  407 Aug. 3, 1977 91 Stat. 462 Pub. L. 101508, title VI,  6012(d)(4) Nov. 5, 1990 104 Stat. 1388298  Editorial Notes Amendments 1990Subsec. (a). Pub. L. 101508,  6012(d)(4) Subsec. (e). Pub. L. 101508,  6012(d)(6) Subsec. (g)(2). Pub. L. 101508,  6012(d)(7) Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101508 Oct. 1, 1991 section 6014 of Pub. L. 101508 section 1231 of this title  1238. Liens (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. ( Pub. L. 9587, title IV,  408 Aug. 3, 1977 91 Stat. 465 Pub. L. 109432, div. C, title II,  205 Dec. 20, 2006 120 Stat. 3016  Editorial Notes Amendments 2006Subsec. (a). Pub. L. 109432 May 2, 1977  1239. Filling voids and sealing tunnels (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 1 (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 section 1233(a)(1) of this title (2) The provisions of section 1234 of this title (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. ( Pub. L. 9587, title IV,  409 Aug. 3, 1977 91 Stat. 465 Pub. L. 101508, title VI,  6009 Nov. 5, 1990 104 Stat. 1388296  Editorial Notes Amendments 1990Subsec. (a). Pub. L. 101508,  6009(1) Subsec. (b). Pub. L. 101508,  6009(2) section 1232(g) of this title section 1232(g) of this title Subsec. (c). Pub. L. 101508,  6009(3) section 1234 of this title Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101508 Oct. 1, 1991 section 6014 of Pub. L. 101508 section 1231 of this title  1240. Emergency powers (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 ( Pub. L. 9587, title IV,  410 Aug. 3, 1977 91 Stat. 466  1240a. Certification (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 section 1233(a) of this title section 1234 of this title (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 section 1233(a) of this title section 1234 of this title (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), 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 (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 (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 August 28, 1974 November 26, 1980 (c) Priorities Expenditures of moneys for lands, waters, and facilities referred to in subsection (b) 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 42 U.S.C. 9601 (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). (f) Public facilities related to coal or minerals industry Notwithstanding subsection (e), where the Secretary has concurred in the certification referenced in subsection (a) 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 (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 section 1232(i)(2) of this title 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 section 1232(g)(5) of this title (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 section 1232(g)(1) of this title (C) Schedule (i) In general Payments under subparagraph (A) shall be made in 7 equal annual installments, beginning with fiscal year 2008. (ii) Certain payments required Not withstanding any other provision of this chapter, as soon as practicable, but not later than December 10, 2015 (I) the final 2 installments in 2 separate payments of $82,700,000 each; and (II) 2 separate payments of $38,250,000 each. (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 section 1232(i)(2) of this title October 1, 2007 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 (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 annual amount allocated under subparagraph (A) or (B) of section 1232(g)(1) of this title 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 section 1232(g)(5) of this title ( Pub. L. 9587, title IV,  411 Pub. L. 101508, title VI,  6010(2) Nov. 5, 1990 104 Stat. 1388296 Pub. L. 109432, div. C, title II,  206 Dec. 20, 2006 120 Stat. 3016 Pub. L. 112141, div. F, title I,  100125 July 6, 2012 126 Stat. 915 Pub. L. 112175,  142 Sept. 28, 2012 126 Stat. 1321 Pub. L. 11340,  10(d) Oct. 2, 2013 127 Stat. 546 Pub. L. 11494, div. D, title XLIII,  43001 Dec. 4, 2015 129 Stat. 1762  Editorial Notes  References in Text The Uranium Mill Tailings Radiation Control Act of 1978, referred to in subsec. (d), is Pub. L. 95604 Nov. 8, 1978 92 Stat. 3021 section 7901 of Title 42 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. 96510 Dec. 11, 1980 94 Stat. 2767 section 9601 of Title 42 Prior Provisions A prior section 411 of Pub. L. 9587 section 1241 of this title Amendments 2015Subsec. (h)(1)(C). Pub. L. 11494,  43001(1) Subsec. (h)(5), (6). Pub. L. 11494,  43001(2) 2013Subsec. (h)(6). Pub. L. 11340 2012Subsec. (h)(4)(A). Pub. L. 112175 section 1232(g)(1) of this title section 1232(g)(5) of this title Subsec. (h)(5). Pub. L. 112141 2006Subsec. (a). Pub. L. 109432,  206(1) Subsec. (h). Pub. L. 109432,  206(2) Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1991 section 6014 of Pub. L. 101508 section 1231 of this title  1241. Omitted  Editorial Notes Codification Section, Pub. L. 9587, title IV,  412 Aug. 3, 1977 91 Stat. 466 Pub. L. 101508, title VI,  6010(1) Nov. 5, 1990 104 Stat. 1388296 May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1242. Powers of Secretary or State (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 33 U.S.C. 1251 (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. ( Pub. L. 9587, title IV,  413 Aug. 3, 1977 91 Stat. 466 Pub. L. 101508, title VI,  6010(1) Nov. 5, 1990 104 Stat. 1388296  Editorial Notes  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 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of Title 33 Prior Provisions A prior section 413 of Pub. L. 9587 section 1243 of this title  1243. Interagency cooperation  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. ( Pub. L. 9587, title IV,  414 Aug. 3, 1977 91 Stat. 467 Pub. L. 101508, title VI,  6010(1) Nov. 5, 1990 104 Stat. 1388296  1244. Remining incentives (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 (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 (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. ( Pub. L. 9587, title IV,  415 Pub. L. 109432, div. C, title II,  207 Dec. 20, 2006 120 Stat. 3018  1245. Abandoned hardrock mine reclamation (a) Establishment Not later than 90 days after November 15, 2021 (b) Award of grants Subject to the availability of funds, the Secretary shall provide grants on a competitive or formula basis to States and Indian Tribes that have jurisdiction over abandoned hardrock mine land to reclaim that land. (c) Eligibility Amounts made available under this section may only be used for Federal, State, Tribal, local, and private land that has been affected by past hardrock mining activities, and water resources that traverse or are contiguous to such land, including any of the following: (1) Land and water resources that were (A) used for, or affected by, hardrock mining activities; and (B) abandoned or left in an inadequate reclamation status before November 15, 2021 (2) Land for which the Secretary makes a determination that there is no continuing reclamation responsibility of a claim holder, liable party, operator, or other person that abandoned the site prior to completion of required reclamation under Federal or State law. (d) Eligible activities (1) In general Amounts made available to carry out this section shall be used to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on the priorities described in subsection (a). (2) Exclusion Amounts made available to carry out this section may not be used to fulfill obligations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 (e) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $3,000,000,000, to remain available until expended, of which (A) 50 percent shall be for grants to States and Indian Tribes under subsection (b) for eligible activities described in subsection (d)(1); and (B) 50 percent shall be for available to the Secretary for eligible activities described in subsection (d)(1) on Federal land. (2) Transfer The Secretary may transfer amounts made available to the Secretary under paragraph (1)(B) to the Secretary of Agriculture for activities described in subsection (a) on National Forest System land. ( Pub. L. 11758, div. D, title VII,  40704 Nov. 15, 2021 135 Stat. 1093  Editorial Notes  References in Text The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (d)(2), is Pub. L. 96510 Dec. 11, 1980 94 Stat. 2767 section 9601 of Title 42 Codification Section was enacted as part of the Infrastructure Investment and Jobs Act, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. Statutory Notes and Related Subsidiaries Wage Rate Requirements For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758 section 18851 of Title 42  Definitions For definition of Indian Tribe as used in this section, see section 5304 of Title 25 section 18701(2) of Title 42 SUBCHAPTER V CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING  1251. Environmental protection standards (a) Not later than the end of the ninety-day period immediately following August 3, 1977 section 1252(c) of this title 1 1 (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 42 U.S.C. 7401 (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 ( Pub. L. 9587, title V,  501 Aug. 3, 1977 91 Stat. 467  Editorial Notes  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 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of Title 33 The Clean Air Act, referred to in subsec. (a)(B), is act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42  1251a. Abandoned coal refuse sites (1) Notwithstanding any other provision of the Surface Mining Control and Reclamation Act of 1977 [ 30 U.S.C. 1201 October 24, 1992 30 U.S.C. 1234 (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 (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. ( Pub. L. 102486, title XXV,  2503(e) Oct. 24, 1992 106 Stat. 3103  Editorial Notes  References in Text The Surface Mining Control and Reclamation Act of 1977, referred to in par. (1), is Pub. L. 9587 Aug. 3, 1977 91 Stat. 445 section 1201 of this title 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. Statutory Notes and Related Subsidiaries  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  1252. Initial regulatory procedures (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 States 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 (c) Full compliance with environmental protection performance standards On and after nine months from August 3, 1977 section 1265 of this title Provided, however August 3, 1977 section 1291(19) of this title May 2, 1977 section 1265(d)(1) of this title 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 section 1254 of this title August 3, 1977 (e) Federal enforcement program Within six months after August 3, 1977 (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 1 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 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. ( Pub. L. 9587, title V,  502 Aug. 3, 1977 91 Stat. 468  1253. State programs (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 1 August 3, 1977 (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 1 (5) establishment of a process for the designation of areas as unsuitable for surface coal mining in accordance with section 1272 of this title 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 42 U.S.C. 7401 (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 section 1252 of this title section 1254 of this title ( Pub. L. 9587, title V,  503 Aug. 3, 1977 91 Stat. 470  Editorial Notes  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 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of Title 33 The Clean Air Act, referred to in subsec. (b)(2), is act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42  1254. Federal programs (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 (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 (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 States 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 (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 (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 (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 section 1251 of this title (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. ( Pub. L. 9587, title V,  504 Aug. 3, 1977 91 Stat. 471  1255. State laws (a) No State law or regulation in effect on August 3, 1977 (b) Any provision of any State law or regulation in effect upon August 3, 1977 August 3, 1977 ( Pub. L. 9587, title V,  505 Aug. 3, 1977 91 Stat. 473  1256. Permits (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 section 1254 of this title section 1252 of this title (b) Term All permits issued pursuant to the requirements of this chapter shall be issued for a term not to exceed five years: Provided (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 Provided further 30 U.S.C. 181 30 U.S.C. 207 Provided further (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 operators 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 (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 section 1260(b)(5) of this title section 1258 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. ( Pub. L. 9587, title V,  506 Aug. 3, 1977 91 Stat. 473  Editorial Notes  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 section 181 of this title  1257. Application requirements (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 1 (6) a copy of the applicants 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 2 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 Provided further (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 operators 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 (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), including the engineering analyses and designs necessary for the determination. (B) The development of cross-section maps and plans required by subsection (b)(14). (C) The geologic drilling and statement of results of test borings and core samplings required by subsection (b)(15). (D) The collection of archaeological information required by subsection (b)(13) 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) shall reimburse the regulatory authority for the cost of the services rendered if the program administrator finds that the operators 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. ( Pub. L. 9587, title V,  507 Aug. 3, 1977 91 Stat. 474 Pub. L. 101508, title VI,  6011 Nov. 5, 1990 104 Stat. 1388297 Pub. L. 102486, title XXV,  2513 Oct. 24, 1992 106 Stat. 3112  Editorial Notes Amendments 1992Subsec. (c). Pub. L. 102486,  2513(a) Subsec. (h). Pub. L. 102486,  2513(b) 1990Subsec. (c). Pub. L. 101508 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101508 Oct. 1, 1991 section 6014 of Pub. L. 101508 section 1231 of this title Discretionary Offsetting Collections Pub. L. 11376, div. G, title I Jan. 17, 2014 128 Stat. 299 That, in subsequent fiscal years [after fiscal year 2014], all amounts collected by the Office of Surface Mining from permit fees pursuant to section 507 of Public Law 9587 30 U.S.C. 1257 Office of Surface Mining Reclamation and Enforcementregulation and technology Similar provisions were contained in the following appropriations acts: Pub. L. 117328, div. G, title I Dec. 29, 2022 136 Stat. 4770 Pub. L. 117103, div. G, title I Mar. 15, 2022 136 Stat. 359 Pub. L. 116260, div. G, title I Dec. 27, 2020 134 Stat. 1489 Pub. L. 11694, div. D, title I Dec. 20, 2019 133 Stat. 2697 Pub. L. 1166, div. E, title I Feb. 15, 2019 133 Stat. 216 Pub. L. 115141, div. G, title I Mar. 23, 2018 132 Stat. 645 Pub. L. 11531, div. G, title I May 5, 2017 131 Stat. 446 Pub. L. 114113, div. G, title I Dec. 18, 2015 129 Stat. 2536 Pub. L. 113235, div. F, title I Dec. 16, 2014 128 Stat. 2406 Pub. L. 11274, div. E, title I Dec. 23, 2011 125 Stat. 996 Preparation of Cross-Sections, Maps, and Plans of Land By or Under Direction of Qualified Registered Professional Engineers, Geologists, or Land Surveyors Pub. L. 98146, title I,  115 Nov. 4, 1983 97 Stat. 938 Notwithstanding section 507(b)(14) of the Surface Mining Control and Reclamation Act of 1977 ( Public Law 9587  1258. Reclamation plan requirements (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 (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 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 (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. ( Pub. L. 9587, title V,  508 Aug. 3, 1977 91 Stat. 478  1259. Performance bonds (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 operators responsibility for revegetation requirements in section 1265 of this title (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 applicants 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. ( Pub. L. 9587, title V,  509 Aug. 3, 1977 91 Stat. 479  1260. Permit approval or denial (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 (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 (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 section 1272(c) of this title section 1272(a)(4)(D) of this title January 1, 1977 (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 farms 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): Provided August 3, 1977 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 section 1716 of title 43 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 (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 1 (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 2 2 section 1265(b)(7) of this title August 3, 1977 (2) Nothing in this subsection shall apply to any permit issued prior to August 3, 1977 August 3, 1977 (e) Modification of prohibition After October 24, 1992 ( Pub. L. 9587, title V,  510 Aug. 3, 1977 91 Stat. 480 Pub. L. 102486, title XXV,  2503(a) Oct. 24, 1992 106 Stat. 3102 Pub. L. 109432, div. C, title II,  208 Dec. 20, 2006 120 Stat. 3019  Editorial Notes Amendments 2006Subsec. (e). Pub. L. 109432 section 1265(b)(20)(B) of this title September 30, 2004 1992Subsec. (e). Pub. L. 102486  1261. Revision of permits (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 (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 ( Pub. L. 9587, title V,  511 Aug. 3, 1977 91 Stat. 483  1262. Coal exploration permits (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 (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 ( Pub. L. 9587, title V,  512 Aug. 3, 1977 91 Stat. 483  Editorial Notes  References in Text Section 4 of the Federal Coal Leasing Amendments Act of 1975 ( 90 Stat. 1085 section 4 of Pub. L. 94377 Aug. 4, 1976 90 Stat. 1085 section 201(b) of this title  1263. Public notice and public hearings (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 1 (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 applicants 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 ( Pub. L. 9587, title V,  513 Aug. 3, 1977 91 Stat. 484  1264. Decisions of regulatory authority and appeals (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 (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 (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 section 1263(b) of this title (d) Temporary relief Where a hearing is requested pursuant to subsection (c), 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 ( Pub. L. 9587, title V,  514 Aug. 3, 1977 91 Stat. 485  1265. Environmental protection performance standards (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) 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 And provided further (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 (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 83566 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 1 (9) conducting 2 2 Provided (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 3 (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 (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. 4 4 (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 (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 (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 section 1269 of this title 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 operators 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 Provided further (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 operators 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. 4 (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. 4 (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 5 5 (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 6 6 (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 (F) insure stability of the spoil retained on the mountaintop and meet the other requirements of this chapter; 7 7 (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 (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 (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 (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). (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 section 1266(b)(5) of this title ( Pub. L. 9587, title V,  515 Aug. 3, 1977 91 Stat. 486 Pub. L. 99500,  101(h) [title I,  123] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I,  123] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 102486, title XXV,  2503(b) Oct. 24, 1992 106 Stat. 3102  Editorial Notes  References in Text Public Law 83566 act Aug. 4, 1954, ch. 656 68 Stat. 666 section 1001 of Title 16 Codification Pub. L. 99591 Pub. L. 99500 Amendments 1992Subsec. (b)(20). Pub. L. 102486 1986Subsec. (b)(10)(B)(ii). Pub. L. 99500 Pub. L. 99591  1266. Surface effects of underground coal mining operations (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 30 U.S.C. 801 (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 (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 (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 Provided (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 ( Pub. L. 9587, title V,  516 Aug. 3, 1977 91 Stat. 495  Editorial Notes  References in Text The Federal Coal Mine Health and Safety Act of 1969, referred to in subsec. (a), is Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 Pub. L. 95164, title I,  101 Nov. 9, 1977 91 Stat. 1290 section 801 of this title  1267. Inspections and monitoring (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 section 553 of title 5 section 1296 of this title (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 Secretarys 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 Secretarys determination that adequate and complete inspections have or have not been conducted. ( Pub. L. 9587, title V,  517 Aug. 3, 1977 91 Stat. 498  Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1268. Penalties (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 section 1271 of this title section 1271 of this title (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 section 554 of title 5 (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 section 1271 of this title section 1276 of this title section 1294 of this title (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 section 1271 of this title section 1271 of this title section 1293 of this title (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 section 1275 of this title section 1276 of this title (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 ( Pub. L. 9587, title V,  518 Aug. 3, 1977 91 Stat. 499  1269. Release of performance bonds or deposits (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 operators 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), and if there has been a public hearing held pursuant to subsection (f), 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 section 1265(b)(10) of this title section 1257(b)(16) of this title section 1265(b)(8) of this title (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 (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 (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. ( Pub. L. 9587, title V,  519 Aug. 3, 1977 91 Stat. 501  1270. Citizens suits (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 Workmens Compensation laws. ( Pub. L. 9587, title V,  520 Aug. 3, 1977 91 Stat. 503  Editorial Notes  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.  1271. Enforcement (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 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 (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 (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 (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 1 1 (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 ( Pub. L. 9587, title V,  521 Aug. 3, 1977 91 Stat. 504  Editorial Notes  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.  1272. Designating areas unsuitable for surface coal mining (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 (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 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 section 1254 of this title (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 1 (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 August 3, 1977 (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 (2) on any Federal lands within the boundaries of any national forest: Provided, however (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. 528531 And provided further (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. ( Pub. L. 9587, title V,  522 Aug. 3, 1977 91 Stat. 507  Editorial Notes  References in Text The Multiple-Use Sustained-Yield Act of 1960, referred to in subsec. (e)(2)(B), is Pub. L. 86517 June 12, 1960 74 Stat. 215 section 528 of Title 16 The Federal Coal Leasing Amendments Act of 1975, referred to in subsec. (e)(2)(B), is Pub. L. 94377 Aug. 4, 1976 90 Stat. 1083 Pub. L. 95554,  8 Oct. 30, 1978 92 Stat. 2075 section 181 of this title The National Forest Management Act of 1976, referred to in subsec. (e)(2)(B), is Pub. L. 94588 Oct. 22, 1976 90 Stat. 2949 section 1600 of Title 16  1273. Federal lands (a) Promulgation and implementation of Federal lands program No later than one year after August 3, 1977 Provided section 1300 of this title Provided 1 1 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), 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 section 1252 of this title section 1272 of this title (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. ( Pub. L. 9587, title V,  523 Aug. 3, 1977 91 Stat. 510  1274. Public agencies, public utilities, and public corporations  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. ( Pub. L. 9587, title V,  524 Aug. 3, 1977 91 Stat. 511  1275. Review by Secretary (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 (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 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 Provided section 1271 of this title (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 section 554 of title 5 (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. ( Pub. L. 9587, title V,  525 Aug. 3, 1977 91 Stat. 511  1276. Judicial review (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 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), 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 section 1271 of this title (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 ( Pub. L. 9587, title V,  526 Aug. 3, 1977 91 Stat. 512  1277. Special bituminous coal mines (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 (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 January 1, 1972 (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. ( Pub. L. 9587, title V,  527 Aug. 3, 1977 91 Stat. 513  1278. Surface mining operations not subject to this chapter 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. ( Pub. L. 9587, title V,  528 Aug. 3, 1977 91 Stat. 514 Pub. L. 10034, title II,  201(a) May 7, 1987 101 Stat. 300  Editorial Notes Amendments 1987 Pub. L. 10034 Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Pub. L. 10034, title II,  201(b) May 7, 1987 101 Stat. 300  (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 (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 30 U.S.C. 1201 30 U.S.C. 1278(2) (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)  1279. Anthracite coal mines (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 Provided, however (b) Omitted. ( Pub. L. 9587, title V,  529 Aug. 3, 1977 91 Stat. 514  Editorial Notes 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 section 3003 of Pub. L. 10466 section 1113 of Title 31 SUBCHAPTER VI DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING  1281. Designation procedures (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 (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) hereof. 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), 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 Secretarys determination pursuant to this section and who is aggrieved by the Secretarys 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. ( Pub. L. 9587, title VI,  601 Aug. 3, 1977 91 Stat. 515 SUBCHAPTER VII ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS  1291. Definitions 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 1 1 (5) Federal lands program means a program established by the Secretary pursuant to section 1273 of this title (6) Federal program means a program established by the Secretary pursuant to section 1254 of this title (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 operators bond as required by section 1259 of this title (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. 1 (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 (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 Provided, however section 1262 of this title (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 2 2 (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 3 3 (33) the term unanticipated event or condition as used in section 1260(e) of this title (34) the term lands eligible for remining means those lands that would otherwise be eligible for expenditures under section 1234 of this title section 1232(g)(4) of this title ( Pub. L. 9587, title VII,  701 Aug. 3, 1977 91 Stat. 516 Pub. L. 102486, title XXV,  2503(c) Oct. 24, 1992 106 Stat. 3103 Pub. L. 105244, title I,  102(a)(10) Oct. 7, 1998 112 Stat. 1620  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 9587 Aug. 3, 1977 91 Stat. 445 section 1114 of Title 18 section 1201 of this title Section 1001 of title 20 section 101 of Pub. L. 89329 Pub. L. 105244 Amendments 1998Par. (32). Pub. L. 105244 1992Pars. (33), (34). Pub. L. 102486 Statutory Notes and Related Subsidiaries Effective Date of 1998 Amendment Amendment by Pub. L. 105244 Oct. 1, 1998 Pub. L. 105244 section 3 of Pub. L. 105244 section 1001 of Title 20  1292. Other Federal laws (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 42 U.S.C. 432147 (1) The Federal Metal and Nonmetallic Mine Safety Act ( 30 U.S.C. 721740 (2) The Federal Coal Mine Health and Safety Act of 1969 ( 83 Stat. 742 30 U.S.C. 801 (3) The Federal Water Pollution Control Act ( 79 Stat. 903 33 U.S.C. 1251 (4) The Clean Air Act, as amended [ 42 U.S.C. 7401 (5) The Solid Waste Disposal Act [ 42 U.S.C. 6901 (6) The Refuse Act of 1899 ( 33 U.S.C. 407 (7) The Fish and Wildlife Coordination Act of 1934 ( 16 U.S.C. 661666c (8) The Mineral Leasing Act of 1920, as amended ( 30 U.S.C. 181 (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 section 1254 of this title section 1273 of this title 42 U.S.C. 4332 section 1251(b) of this title 42 U.S.C. 4332 ( Pub. L. 9587, title VII,  702 Aug. 3, 1977 91 Stat. 519  Editorial Notes  References in Text The Mining and Minerals Policy Act of 1970 ( 30 U.S.C. 21a Pub. L. 91631 Dec. 31, 1970 84 Stat. 1876 section 21a of this title section 21a of this title section 21a of this title The National Environmental Policy Act of 1969 ( 42 U.S.C. 432147 Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Federal Metal and Nonmetallic Mine Safety Act ( 30 U.S.C. 721740 Pub. L. 89577 Sept. 16, 1966 80 Stat. 772 Pub. L. 95164, title III,  306(a) Nov. 9, 1977 91 Stat. 1322 The Federal Coal Mine Health and Safety Act of 1969 ( 83 Stat. 742 Pub. L. 91173 Dec. 30, 1969 83 Stat. 742 Pub. L. 95164, title I,  101 Nov. 9, 1977 91 Stat. 1290 section 801 of this title The Federal Water Pollution Control Act ( 79 Stat. 903 act June 30, 1948, ch. 758 62 Stat. 1155 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of Title 33 The Clean Air Act, referred to in subsec. (a)(4), is act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42 The Solid Waste Disposal Act ( 42 U.S.C. 3251325 Pub. L. 89272 Oct. 20, 1965 79 Stat. 997 Pub. L. 94580,  2 Oct. 21, 1976 90 Stat. 2795 section 6901 of Title 42 The Refuse Act of 1899 ( 33 U.S.C. 407 act Mar. 3, 1899, ch. 425,  13 30 Stat. 1152 section 407 of Title 33 The Fish and Wildlife Coordination Act of 1934 ( 16 U.S.C. 661666c act Mar. 10, 1934, ch. 55 48 Stat. 401 section 661(a) of Title 16 section 661 of Title 16 The Mineral Leasing Act of 1920, as amended ( 30 U.S.C. 181 act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of this title  1293. Employee protection (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 (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. ( Pub. L. 9587, title VII,  703 Aug. 3, 1977 91 Stat. 520  1294. Penalty  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. ( Pub. L. 9587, title VII,  704 Aug. 3, 1977 91 Stat. 520  Editorial Notes Codification Section 704 of Pub. L. 9587 section 1114 of Title 18  1295. Grants to States (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 ( Pub. L. 9587, title VII,  705 Aug. 3, 1977 91 Stat. 520  1296. Annual report to President and Congress  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. ( Pub. L. 9587, title VII,  706 Aug. 3, 1977 91 Stat. 521  Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1297. Separability  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. ( Pub. L. 9587, title VII,  707 Aug. 3, 1977 91 Stat. 521  1298. Alaskan surface coal mine study (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 August 3, 1977 (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 (f) Authorization of appropriations There is authorized to be appropriated for the purpose of this section $250,000: Provided ( Pub. L. 9587, title VII,  708 Aug. 3, 1977 91 Stat. 521  1299. Study of reclamation standards for surface mining of other minerals (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 August 3, 1977 Provided further August 3, 1977 (c) Authorization of appropriations There are authorized to be appropriated for the purpose of this section $500,000: Provided ( Pub. L. 9587, title VII,  709 Aug. 3, 1977 91 Stat. 522  1300. Indian lands (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) 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 section 1265 of this title (d) Compliance with permanent environmental protection standards of this chapter On and after thirty months from August 3, 1977 (e) Inclusion and enforcement of terms and conditions of leases With respect to leases issued after August 3, 1977 (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 (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 (h) Jurisdictional status The Secretary shall analyze and make recommendations regarding the jurisdictional status of Indian Lands 1 1 Provided 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 (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 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 section 1270 of this title (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 (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 (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 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 ( Pub. L. 9587, title VII,  710 Aug. 3, 1977 91 Stat. 523 Pub. L. 102486, title XXV,  2514 Oct. 24, 1992 106 Stat. 3112 Pub. L. 109432, div. C, title II,  209 Dec. 20, 2006 120 Stat. 3019  Editorial Notes Amendments 2006Subsec. (i). Pub. L. 109432,  209(b) section 1253 of this title Subsec. (j). Pub. L. 109432,  209(a) 1992Subsec. (i). Pub. L. 102486  1301. Experimental practices  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. ( Pub. L. 9587, title VII,  711 Aug. 3, 1977 91 Stat. 523  1302. Authorization of appropriations 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 (b) For the implementation and funding of section 1257(c) of this title section 1231(c)(9) of this title (c) For the implementation and funding of section 1295 of this title September 30, 1978 (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 ( Pub. L. 9587, title VII,  712 Aug. 3, 1977 91 Stat. 524 Pub. L. 95343,  1 Aug. 11, 1978 92 Stat. 473 Pub. L. 101508, title VI,  6012(b) Nov. 5, 1990 104 Stat. 1388298 Pub. L. 109432, div. C, title II,  201(b) Dec. 20, 2006 120 Stat. 3008  Editorial Notes Amendments 2006Subsec. (b). Pub. L. 109432 1990Subsec. (b). Pub. L. 101508 section 1257(c) of this title section 1231(b)(1) of this title section 1257(c) of this title September 30, 1978 section 1257(c) of this title September 30, 1979 September 30, 1980 section 1257(c) of this title 1978Subsec. (a). Pub. L. 95343,  1(1) Subsec. (b). Pub. L. 95343,  1(2) Sept. 30, 1978 Sept. 30, 1979 Sept. 30, 1978 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101508 Oct. 1, 1991 section 6014 of Pub. L. 101508 section 1231 of this title Crediting Performance Bond Forfeitures Pub. L. 105277, div. A,  101(e) [title I] Oct. 21, 1998 112 Stat. 2681231 Notwithstanding 31 U.S.C. 3302 Cost-Based Fees for Products of Mine Map Repository Pub. L. 105277, div. A,  101(e) [title I] Oct. 21, 1998 112 Stat. 2681231 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.  1303. Coordination of regulatory and inspection activities (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 33 U.S.C. 1251 42 U.S.C. 7101 (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. ( Pub. L. 9587, title VII,  713 Aug. 3, 1977 91 Stat. 524  Editorial Notes  References in Text The Clean Air Act, referred to in subsec. (a), is act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42 The Water Pollution Control Act, referred to in subsec. (a), probably means act June 30, 1948, ch. 758 62 Stat. 1155 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of Title 33 The Department of Energy Organization Act, referred to in subsec. (a), is Pub. L. 9591 Aug. 4, 1977 91 Stat. 565 section 7101 of Title 42  1304. Surface owner protection (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 (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 (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. ( Pub. L. 9587, title VII,  714 Aug. 3, 1977 91 Stat. 524  1305. Federal lessee protection 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. ( Pub. L. 9587, title VII,  715 Aug. 3, 1977 91 Stat. 525  1306. Effect on rights of owner of coal in Alaska to conduct surface mining operations  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 Provided ( Pub. L. 9587, title VII,  716 Aug. 3, 1977 91 Stat. 526  Editorial Notes  References in Text The Alaska Native Claims Settlement Act, referred to in text, is Pub. L. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of Title 43  1307. Water rights and replacement (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. ( Pub. L. 9587, title VII,  717 Aug. 3, 1977 91 Stat. 526  1308. Advance appropriations  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. ( Pub. L. 9587, title VII,  718 Aug. 3, 1977 91 Stat. 526  1308a. Use of civil penalty funds to reclaim lands  In fiscal year 2009 and thereafter, the Secretary of the Interior, pursuant to regulations, may use directly or through grants to States, moneys collected for civil penalties assessed under section 1268 of this title August 3, 1977 ( Pub. L. 1118, div. E, title I Mar. 11, 2009 123 Stat. 712  Editorial Notes Codification Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter.  1308b. Transfer of computer hardware, software and other technical equipment  In fiscal year 2015 and each fiscal year thereafter, with funds available for the Technical Innovation and Professional Services program in this or any other Act with respect to any fiscal year, the Secretary may transfer title for computer hardware, software and other technical equipment to State and tribal regulatory and reclamation programs. ( Pub. L. 113235, div. F, title I Dec. 16, 2014 128 Stat. 2407  Editorial Notes  References in Text This Act, referred to in text, is div. F of Pub. L. 113235 Dec. 16, 2014 128 Stat. 2396 Codification Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in the following prior appropriations act: Pub. L. 11376, div. G, title I Jan. 17, 2014 128 Stat. 299  1309. Certification and training of blasters  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 ( Pub. L. 9587, title VII,  719 Aug. 3, 1977 91 Stat. 526  1309a. Subsidence (a) Requirements Underground coal mining operations conducted after October 24, 1992 (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 ( Pub. L. 9587, title VII,  720 Pub. L. 102486, title XXV,  2504(a)(1) Oct. 24, 1992 106 Stat. 3104  Statutory Notes and Related Subsidiaries Review of Existing Requirements and Report to Congress Pub. L. 102486, title XXV,  2504(a)(2) Oct. 24, 1992 106 Stat. 3104 Oct. 24, 1992  1309b. Research  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 1 2 2 ( Pub. L. 9587, title VII,  721 Pub. L. 102486, title XXV,  2504(c)(3) Oct. 24, 1992 106 Stat. 3105  Editorial Notes  References in Text Section 1231(c)(6) of this title Pub. L. 109432, div. C, title II,  201(a)(1) Dec. 20, 2006 120 Stat. 3006 Statutory Notes and Related Subsidiaries  Change of Name Bureau of Mines redesignated United States Bureau of Mines by section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title SUBCHAPTER VIII UNIVERSITY COAL RESEARCH LABORATORIES  1311. Establishment of university coal research laboratories (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) 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) 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 (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. ( Pub. L. 9587, title VIII,  801 Aug. 3, 1977 91 Stat. 526 Pub. L. 95617, title VI,  604(a) Nov. 9, 1978 92 Stat. 3166 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Editorial Notes Amendments 1978Subsec. (a). Pub. L. 95617,  604(a) Subsec. (b). Pub. L. 95617,  604(a) Subsecs. (d), (e). Pub. L. 95617,  604(c) Statutory Notes and Related Subsidiaries  Change of Name United States Bureau of Mines substituted for Bureau of Mines in subsec. (c) pursuant to section 10(b) of Pub. L. 102285 section 1 of this title section 1 of this title  1312. Financial assistance (a) The Secretary of Energy is authorized to make grants to any institution of higher education designated under section 1311 of this title (b) Each institution of higher education designated pursuant to section 1311 of this title (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 ( Pub. L. 9587, title VIII,  802 Aug. 3, 1977 91 Stat. 527 Pub. L. 95617, title VI,  604(c) Nov. 9, 1978 92 Stat. 3167  Editorial Notes Amendments 1978 Pub. L. 95617  1313. Limitation on payments (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. ( Pub. L. 9587, title VIII,  803 Aug. 3, 1977 91 Stat. 528  1314. Payments; Federal share of operating expenses (a) From the amounts appropriated pursuant to section 1316 of this title (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. ( Pub. L. 9587, title VIII,  804 Aug. 3, 1977 91 Stat. 528 Pub. L. 95617, title VI,  604(c) Nov. 9, 1978 92 Stat. 3167  Editorial Notes Amendments 1978Subsec. (a). Pub. L. 95617  1315. Advisory Council on Coal Research (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 section 5703 of title 5 (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. ( Pub. L. 9587, title VIII,  805 Aug. 3, 1977 91 Stat. 528 Pub. L. 95617, title VI,  604(c) Nov. 9, 1978 92 Stat. 3167 Pub. L. 102285,  10(b) May 18, 1992 106 Stat. 172  Editorial Notes Amendments 1978 Pub. L. 95617 Statutory Notes and Related Subsidiaries  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. 102285 section 1 of this title section 1 of this title Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Termination of Advisory Committees Advisory committees established after Jan. 5, 1973 section 1013 of Title 5 References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 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,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5  1316. Authorization of appropriations (a) For the ten institutions referred to in the last sentence of section 1311(a) of this title September 30, 1979 (b) For the three remaining institutions referred to in the last sentence of section 1311(a) of this title October 1, 1984 ( Pub. L. 9587, title VIII,  806 Aug. 3, 1977 91 Stat. 529 Pub. L. 95617, title VI,  604(b) Nov. 9, 1978 92 Stat. 3166  Editorial Notes Amendments 1978 Pub. L. 95617 section 1311(a) of this title October 1, 1984 June 30, 1983 SUBCHAPTER IX ENERGY RESOURCE GRADUATE FELLOWSHIPS  1321. Fellowship awards (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 (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. ( Pub. L. 9587, title IX,  901 Aug. 3, 1977 91 Stat. 529 Pub. L. 9591, title III,  301(a) Aug. 4, 1977 91 Stat. 577 Pub. L. 9688, title III,  301(a)(1) Oct. 17, 1979 93 Stat. 677  Editorial Notes 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 Statutory Notes and Related Subsidiaries  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. 9591 Secretary of Education substituted for Commissioner of Education in subsec. (a), pursuant to sections 301(a)(1) and 507 of Pub. L. 9688  1322. Fellowship recipients 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. ( Pub. L. 9587, title IX,  902 Aug. 3, 1977 91 Stat. 530  1323. Distribution of fellowships  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. ( Pub. L. 9587, title IX,  903 Aug. 3, 1977 91 Stat. 530 Pub. L. 9591, title III,  301(a) Aug. 4, 1977 91 Stat. 577  Statutory Notes and Related Subsidiaries  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. 9591  1324. Stipends and allowances (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) 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 persons dependents, to such person less any amount charged such person for tuition. ( Pub. L. 9587, title IX,  904 Aug. 3, 1977 91 Stat. 530  1325. Limitation on fellowships  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. ( Pub. L. 9587, title IX,  905 Aug. 3, 1977 91 Stat. 530  1326. Fellowship conditions (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 (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. ( Pub. L. 9587, title IX,  906 Aug. 3, 1977 91 Stat. 530 Pub. L. 9591, title III,  301(a) Aug. 4, 1977 91 Stat. 577  Statutory Notes and Related Subsidiaries  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. 9591  1327. Authorization of appropriations  There are authorized to be appropriated $11,000,000 for the fiscal year ending September 30, 1979 September 30, 1979 ( Pub. L. 9587, title IX,  907 Aug. 3, 1977 91 Stat. 531  1328. Research, development projects, etc., relating to alternative coal mining technologies (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 1 ( Pub. L. 9587, title IX,  908 Aug. 3, 1977 91 Stat. 531 Pub. L. 9591, title III,  301(a) Aug. 4, 1977 91 Stat. 577 Pub. L. 97257, title I,  100 Sept. 10, 1982 96 Stat. 841  Editorial Notes  References in Text Section 306(d) of this Act, referred to in subsec. (e), was classified to section 1226(d) of this title Pub. L. 98409 section 1226(c) of this title Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  Transfer of Functions Secretary of the Interior substituted for Secretary of Energy in subsecs. (a) to (d) pursuant to section 100 of Pub. L. 97257 section 7152 of Title 42 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. 9591 CHAPTER 26 DEEP SEABED HARD MINERAL RESOURCES    Sec.  1401. Congressional findings and declaration of purpose.  1402. International objectives.  1403. Definitions.  SUBCHAPTER IREGULATION 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 IITRANSITION 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 IIIENFORCEMENT 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.  1401. Congressional findings and declaration of purpose (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 (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. ( Pub. L. 96283,  2 June 28, 1980 94 Stat. 553  Editorial Notes  References in Text This chapter, referred to in subsec. (b), was in the original this Act, meaning Pub. L. 96283 June 28, 1980 94 Stat. 553 Statutory Notes and Related Subsidiaries Short Title of 1986 Amendment Pub. L. 99507,  1 Oct. 21, 1986 100 Stat. 1847 This Act [amending section 1470 of this title Short Title Pub. L. 96283,  1 June 28, 1980 94 Stat. 553 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  1402. International objectives (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. ( Pub. L. 96283,  3 June 28, 1980 94 Stat. 555  1403. Definitions 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). ( Pub. L. 96283,  4 June 28, 1980 94 Stat. 555 SUBCHAPTER I REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY UNITED STATES CITIZENS  1411. Prohibited activities by United States citizens (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) shall not be deemed to prohibit any United States citizen who is engaged in exploration before June 28, 1980 (A) if such citizen applies for a license under section 1413(a) of this title section 1413(a) of this title (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 June 28, 1980 (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 section 1413(a)(2) of this title (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. ( Pub. L. 96283, title I,  101 June 28, 1980 94 Stat. 557  1412. Licenses for exploration and permits for commercial recovery (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 section 1413(b) of this title (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 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 (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 1 1 (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 (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 permittees 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. ( Pub. L. 96283, title I,  102 June 28, 1980 94 Stat. 558  Editorial Notes  References in Text Section 53701(13) of title 46 section 53701(14) of title 46 Pub. L. 114120, title III,  302(a)(1)(A) Feb. 8, 2016 130 Stat. 51 Codification In subsec. (c)(4),  section 109 of title 46 section 53701(13) of title 46 Pub. L. 109304,  18(c) Oct. 6, 2006 120 Stat. 1709  1413. License and permit applications, review, and certification (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 permittees 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 permittees estimated production requirements over the initial 20-year term of the permit; and (III) in relation to which the permittees 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 (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 15 U.S.C. 17 August 27, 1894 15 U.S.C. 811 15 U.S.C. 12 June 19, 1936 15 U.S.C. 1313b 15 U.S.C. 41 (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 (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 ( Pub. L. 96283, title I,  103 June 28, 1980 94 Stat. 560 Pub. L. 107273, div. C, title IV,  14102(c)(2)(E) Nov. 2, 2002 116 Stat. 1921  Editorial Notes  References in Text Act of July 2, 1890 15 U.S.C. 17 act July 2, 1890, ch. 647 26 Stat. 209 section 1 of Title 15 Sections 73 through 76 of the Act of August 27, 1894 15 U.S.C. 811 act Aug. 27, 1894, ch. 349 28 Stat. 570 section 8 of Title 15 The Clayton Act ( 15 U.S.C. 12 act Oct. 15, 1914, ch. 323 38 Stat. 730 section 12 of Title 15 Act of June 19, 1936 15 U.S.C. 1313b act June 19, 1936, ch. 592 49 Stat. 1526 section 13 of Title 15 section 13 of Title 15 The Federal Trade Commission Act ( 15 U.S.C. 41 act Sept. 26, 1914, ch. 311 38 Stat. 717 section 58 of Title 15 Amendments 2002Subsec. (d)(7). Pub. L. 107273 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107273 Nov. 2, 2002 Nov. 2, 2002 section 14103 of Pub. L. 107273 section 3 of Title 15  1414. License and permit fees  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. ( Pub. L. 96283, title I,  104 June 28, 1980 94 Stat. 563  1415. License and permit terms, conditions, and restrictions; issuance and transfer of licenses and permits (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 (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 (2) After preparation and consideration of the final environmental impact statement pursuant to section 1419(d) of this title (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), 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 ( Pub. L. 96283, title I,  105 June 28, 1980 94 Stat. 563 Pub. L. 96561, title II,  238(b) Dec. 22, 1980 94 Stat. 3300 Pub. L. 104208, div. A, title I,  101(a) [title II,  211(b)] Sept. 30, 1996 110 Stat. 3009  Editorial Notes  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 Pub. L. 99659, title I,  101(b) Nov. 14, 1986 100 Stat. 3706 section 1802 of Title 16 Amendments 1996Subsec. (d). Pub. L. 104208 section 1852 of title 16 1980Subsec. (d). Pub. L. 96561 section 1852 of title 16 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104208, div. A, title I,  101(a) [title II,  211(b)] Sept. 30, 1996 110 Stat. 300941 Oct. 11, 1996 Effective Date of 1980 Amendment Pub. L. 96561, title II,  238(b) Dec. 22, 1980 94 Stat. 3300 Dec. 22, 1980  1416. Denial of certification of applications and of issuance, transfer, suspension, and revocation of licenses and permits; suspension and modification of activities (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 (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 section 1463 of this title (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), 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) 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) 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), 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), 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), is subject to judicial review as provided in chapter 7 of title 5. ( Pub. L. 96283, title I,  106 June 28, 1980 94 Stat. 565  1417. Duration of licenses and permits (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. ( Pub. L. 96283, title I,  107 June 28, 1980 94 Stat. 567  1418. Diligence requirements (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. ( Pub. L. 96283, title I,  108 June 28, 1980 94 Stat. 567  1419. Protection of the environment (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). (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 (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). (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 (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 (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 section 1415(b) of this title (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) 33 U.S.C. 1251 (f) Stable reference areas (1) Within one year after June 28, 1980 section 1428(f) of this title Provided, however (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 (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. ( Pub. L. 96283, title I,  109 June 28, 1980 94 Stat. 568  Editorial Notes  References in Text The Clean Water Act, referred to in subsec. (e), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of Title 33 Statutory Notes and Related Subsidiaries  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 section 542 of Title 6  1420. Conservation of natural resources  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. ( Pub. L. 96283, title I,  110 June 28, 1980 94 Stat. 570  1421. Prevention of interference with other uses of the high seas  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. ( Pub. L. 96283, title I,  111 June 28, 1980 94 Stat. 571  1422. Safety of life and property at sea (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) 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. ( Pub. L. 96283, title I,  112 June 28, 1980 94 Stat. 571  Editorial Notes  References in Text Title 52 of the Revised Statutes, referred to in subsec. (b), consisted of R.S.  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.  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. 9889 Aug. 26, 1983 97 Stat. 500 section 101 of Title 46 Title 53 of the Revised Statutes, referred to in subsec. (b), consisted of R.S.  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.  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. 9889 Aug. 26, 1983 97 Stat. 500 section 101 of Title 46 Codification In subsec. (b), chapter 51 of title 46 substituted for the International Voyage Load Line Act of 1973 on authority of Pub. L. 99509, title V,  5103(b) Oct. 21, 1986 100 Stat. 1927 Statutory Notes and Related Subsidiaries  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 section 542 of Title 6  1423. Records, audits, and public disclosure (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 1 (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 section 1463(b) of this title ( Pub. L. 96283, title I,  113 June 28, 1980 94 Stat. 571  Editorial Notes  References in Text Section 1469 of this title  1424. Monitoring of activities of licensees and permittees 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. ( Pub. L. 96283, title I,  114 June 28, 1980 94 Stat. 572  1425. Relinquishment, surrender, and transfer of licenses and permits (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. ( Pub. L. 96283, title I,  115 June 28, 1980 94 Stat. 572  1426. Public notice and hearings (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 ( Pub. L. 96283, title I,  116 June 28, 1980 94 Stat. 573  1427. Civil actions (a) Equitable relief Except as provided in subsection (b) of this section, any person may commence a civil action for equitable relief on that persons 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. ( Pub. L. 96283, title I,  117 June 28, 1980 94 Stat. 573  1428. Reciprocating states (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). (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). 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). (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). 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. ( Pub. L. 96283, title I,  118 June 28, 1980 94 Stat. 574 SUBCHAPTER II TRANSITION TO INTERNATIONAL AGREEMENT  1441. Declaration of Congressional intent 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 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. ( Pub. L. 96283, title II,  201 June 28, 1980 94 Stat. 575  1442. Effect of international agreement If an international agreement enters into force with respect to the United States, any provision of subchapter I, this subchapter, or subchapter III, 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. ( Pub. L. 96283, title II,  202 June 28, 1980 94 Stat. 576  1443. Protection of interim investments In order to further the objectives set forth in section 1441 of this title 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. ( Pub. L. 96283, title II,  203 June 28, 1980 94 Stat. 576  1444. Disclaimer of obligation to pay compensation  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 persons investment in any operation for exploration or commercial recovery under subchapter I which might occur in connection with the entering into force of an international agreement with respect to the United States. ( Pub. L. 96283, title II,  204 June 28, 1980 94 Stat. 576 SUBCHAPTER III ENFORCEMENT AND MISCELLANEOUS PROVISIONS  1461. Prohibited acts 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. ( Pub. L. 96283, title III,  301 June 28, 1980 94 Stat. 577  1462. Civil penalties (a) Assessment of penalty Any person subject to section 1461 of this title section 554 of title 5 section 1461 of this title (b) Review of civil penalty Any person subject to section 1461 of this title section 2112 of title 28 section 706(2)(E) of title 5 (c) Action upon failure to pay assessment If any person subject to section 1461 of this title (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) is pending in a court of the United States. ( Pub. L. 96283, title III,  302 June 28, 1980 94 Stat. 577  1463. Criminal offenses (a) Offense A person subject to section 1461 of this title section 1461 of this title (b) Punishment Any offense described in paragraphs (1), (2), and (6) of section 1461 of this title section 1461 of this title ( Pub. L. 96283, title III,  303 June 28, 1980 94 Stat. 578  1464. Enforcement (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). 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 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 or this subchapter, (2) any regulation issued under subchapter I, subchapter II, or this subchapter, and (3) any term, condition, or restriction of any license or permit issued under subchapter I. (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. ( Pub. L. 96283, title III,  304 June 28, 1980 94 Stat. 578  Statutory Notes and Related Subsidiaries  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 section 542 of Title 6  1465. Liability of vessels  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 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. ( Pub. L. 96283, title III,  305 June 28, 1980 94 Stat. 579  1466. Civil forfeitures (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 (b) Jurisdiction of courts Any district court of the United States which has jurisdiction under section 1467 of this title (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). (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 section 1461 of this title (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 ( Pub. L. 96283, title III,  306 June 28, 1980 94 Stat. 580  1467. Jurisdiction of courts 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. ( Pub. L. 96283, title III,  307 June 28, 1980 94 Stat. 580  1468. Regulations (a) Proposed regulations Not later than 270 days after June 28, 1980 section 1419(b) of this title section 553 of title 5 (b) Final regulations Not later than 180 days after the date on which proposed regulations are issued pursuant to subsection (a), the Administrator shall solicit the views of the agency heads referred to in section 1419(b) of this title section 553 of title 5 (c) Amendments The Administrator may at any time amend regulations issued pursuant to subsection (b) 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 (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. ( Pub. L. 96283, title III,  308 June 28, 1980 94 Stat. 581  1469. Omitted  Editorial Notes Codification Section, Pub. L. 96283, title III,  309 June 28, 1980 94 Stat. 581 May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1470. Authorization of appropriations  There are authorized to be appropriated to the Administrator, for purposes of carrying out the provisions of subchapters I and II and this subchapter, such sums as may be necessary for the fiscal years ending September 30, 1981 September 30, 1982 September 30, 1983 September 30, 1984 September 30, 1985 September 30, 1986 September 30, 1987 September 30, 1988 September 30, 1989 ( Pub. L. 96283, title III,  310 June 28, 1980 94 Stat. 582 Pub. L. 97416 Jan. 4, 1983 96 Stat. 2084 Pub. L. 98623, title IV,  403 Nov. 8, 1984 98 Stat. 3408 Pub. L. 99507,  2 Oct. 21, 1986 100 Stat. 1847 Pub. L. 101178,  1 Nov. 28, 1989 103 Stat. 1297  Editorial Notes Amendments 1989 Pub. L. 101178 1986 Pub. L. 99507 Sept. 30, 1987 Sept. 30, 1988 Sept. 30, 1989 1984 Pub. L. 98623 Sept. 30, 1985 Sept. 30, 1986 1983 Pub. L. 97416 Sept. 30, 1983 Sept. 30, 1984  1471. Severability  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. ( Pub. L. 96283, title III,  311 June 28, 1980 94 Stat. 582  1472. Deep Seabed Revenue Sharing Trust Fund; establishment (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 1 (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 (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 (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 (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 ( Pub. L. 96283, title IV,  403 June 28, 1980 94 Stat. 584 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095   References in Text Sections 4495 and 4498 of title 26, referred to in subsecs. (b)(1) and (f), were repealed by Pub. L. 10534, title XIV,  1432(b)(1) Aug. 5, 1997 111 Stat. 1050 Codification Section was enacted as part of title IV of Pub. L. 96283 Pub. L. 96283 Amendments 1986Subsec. (b)(1). Pub. L. 99514 Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1473. Revenue and customs or tariff treatment of deep seabed mining unaffected  Except as otherwise provided in sections 4495 to 4498 1 1 ( Pub. L. 96283, title IV,  404 June 28, 1980 94 Stat. 586 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  Editorial Notes  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. 96283 June 28, 1980 94 Stat. 582 section 4495 of Title 26 Pub. L. 10534, title XIV,  1432(b)(1) Aug. 5, 1997 111 Stat. 1050 This chapter, referred to in text, was in the original this Act, meaning Pub. L. 96283 June 28, 1980 94 Stat. 553 section 1401 of this title Codification Section was enacted as part of title IV of Pub. L. 96283 Pub. L. 96283 Amendments 1986 Pub. L. 99514 CHAPTER 27 GEOTHERMAL ENERGY    Sec.  1501. Congressional statement of findings.  SUBCHAPTER IPROJECT 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 IISTUDY, ESTABLISHMENT, AND IMPLEMENTATION OF INSURANCE PROGRAM  1521. Reservoir insurance program study.  1522. Establishment of program.  SUBCHAPTER IIIESTABLISHMENT OF ASSISTANCE PROGRAM  1531. Feasibility study loan program.  SUBCHAPTER IVFEDERAL FACILITIES  1541. Use of geothermal energy in Federal facilities.  1542. Regulations.  1501. Congressional statement of findings 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 Governments buildings. ( Pub. L. 96294, title VI,  602 June 30, 1980 94 Stat. 763  Statutory Notes and Related Subsidiaries Short Title Pub. L. 96294, title VI,  601 June 30, 1980 94 Stat. 763 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, 824a3, 824i, and 824j of Title 16, Conservation] may be cited as the Geothermal Energy Act of 1980. SUBCHAPTER I PROJECT LOANS  1511. Loans for geothermal reservoir confirmation (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 1 1 (b) Repayment rates Subject to subsection (c) and to section 1513(b) of this title (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 ( Pub. L. 96294, title VI,  611 June 30, 1980 94 Stat. 763  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original this title, meaning title VI of Pub. L. 96294 June 30, 1980 94 Stat. 763 section 1501 of this title Section 1144 of this title Pub. L. 116260, div. Z, title III,  3002(i)(3) Dec. 27, 2020 134 Stat. 2495  1512. Loan size limitation  The amount of any loan made under section 1511(a) of this title ( Pub. L. 96294, title VI,  612 June 30, 1980 94 Stat. 764  1513. Loan interest rates; repayment periods (a) Each loan made under section 1511 of this title 42 U.S.C. 1962(d) 1 1 42 U.S.C. 1962d17(a) (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. ( Pub. L. 96294, title VI,  613 June 30, 1980 94 Stat. 764  1514. Program termination  No new loans shall be made under this subchapter after September 30, 1986 September 30, 1986 section 1511 of this title section 1511 of this title ( Pub. L. 96294, title VI,  614 June 30, 1980 94 Stat. 764  1515. Regulations  The Secretary shall promulgate regulations to carry out this subchapter no later than six months after June 30, 1980 ( Pub. L. 96294, title VI,  615 June 30, 1980 94 Stat. 764  1516. Authorizations  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. ( Pub. L. 96294, title VI,  616 June 30, 1980 94 Stat. 765 SUBCHAPTER II STUDY, ESTABLISHMENT, AND IMPLEMENTATION OF INSURANCE PROGRAM  1521. Reservoir insurance program study  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 June 30, 1980 ( Pub. L. 96294, title VI,  621 June 30, 1980 94 Stat. 765  1522. Establishment of program (a) Authorization; requirements; scope If the report of the Secretary submitted pursuant to section 1521 of this title (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 46 U.S.C. 8831(a) 1 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), 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) 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 1 (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), 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), on the need for any additional authority to obtain such participation. ( Pub. L. 96294, title VI,  622 June 30, 1980 94 Stat. 765  Editorial Notes  References in Text Section 27A of the Merchant Marine Act, 1920, referred to in subsec. (b)(7), is section 27A of act June 5, 1920, ch. 250 Pub. L. 85902 Sept. 2, 1958 72 Stat. 1736 section 12118 of Title 46 Pub. L. 109304 Oct. 6, 2006 120 Stat. 1491 This Act, referred to in subsec. (i), is Pub. L. 96294 June 30, 1980 94 Stat. 611 section 8801 of Title 42 Section 1144 of this title Pub. L. 116260, div. Z, title III,  3002(i)(3) Dec. 27, 2020 134 Stat. 2495 Codification In subsec. (b)(7),  section 50501 of title 46 46 U.S.C. 802 Pub. L. 109304,  18(c) Oct. 6, 2006 120 Stat. 1709 section 50501 of Title 46 SUBCHAPTER III ESTABLISHMENT OF ASSISTANCE PROGRAM  1531. Feasibility study loan program (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), 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) 1 1 42 U.S.C. 1962d17(a) (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 2 2 (f) Authorization of appropriations For loans under clause (A) of subsection (b)(1) 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) or under subsection (c) (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) and the other entities included within such term under section 1 of title 1 ( Pub. L. 96294, title VI,  631 June 30, 1980 94 Stat. 767  Editorial Notes  References in Text Section 1144 of this title Pub. L. 116260, div. Z, title III,  3002(i)(3) Dec. 27, 2020 134 Stat. 2495 SUBCHAPTER IV FEDERAL FACILITIES  1541. Use of geothermal energy in Federal facilities  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. ( Pub. L. 96294, title VI,  642 June 30, 1980 94 Stat. 769  1542. Regulations  All regulations made with respect to this subchapter shall be promulgated no later than six months after June 30, 1980 ( Pub. L. 96294, title VI,  644 June 30, 1980 94 Stat. 770  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this subtitle, meaning subtitle D of title VI of Pub. L. 96294 June 30, 1980 94 Stat. 768 CHAPTER 28 MATERIALS AND MINERALS POLICY, RESEARCH, AND DEVELOPMENT    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.  1606. Mineral security.  1607. Critical minerals supply chains and reliability.  1601. Congressional statement of findings; materials defined (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 (b)  Definitions In this chapter: (1)  Critical mineral The term critical mineral means any mineral, element, substance, or material designated as critical by the Secretary under section 1606(c) of this title (2)  Materials 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. ( Pub. L. 96479,  2 Oct. 21, 1980 94 Stat. 2305 Pub. L. 116260, div. Z, title VII,  7002(b)(2) Dec. 27, 2020 134 Stat. 2563  Editorial Notes Amendments 2020Subsec. (b). Pub. L. 116260 Statutory Notes and Related Subsidiaries Short Title Pub. L. 96479,  1 Oct. 21, 1980 94 Stat. 2305 That this Act [enacting this chapter] may be cited as the National Materials and Minerals Policy, Research and Development Act of 1980. Executive Documents  Ex. Ord. No. 13817. A Federal Strategy To Ensure Secure and Reliable Supplies of Critical Minerals Ex. Ord. No. 13817, Dec. 20, 2017 Sept. 30, 2020 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section Findings Sec Definition (b) The Secretary of the Interior, in coordination with the Secretary of Defense and in consultation with the heads of other relevant executive departments and agencies (agencies), shall publish a list of critical minerals in the Federal Register Sec Policy (a) identifying new sources of critical minerals; (b) increasing activity at all levels of the supply chain, including exploration, mining, concentration, separation, alloying, recycling, and reprocessing critical minerals; (c) ensuring that our miners and producers have electronic access to the most advanced topographic, geologic, and geophysical data within U.S. territory to the extent permitted by law and subject to appropriate limitations for purposes of privacy and security, including appropriate limitations to protect critical infrastructure data such as those related to national security areas; and (d) streamlining leasing and permitting processes to expedite exploration, production, processing, reprocessing, recycling, and domestic refining of critical minerals. Sec Implementation (i) a strategy to reduce the Nations reliance on critical minerals; (ii) an assessment of progress toward developing critical minerals recycling and reprocessing technologies, and technological alternatives to critical minerals; (iii) options for accessing and developing critical minerals through investment and trade with our allies and partners; (iv) a plan to improve the topographic, geologic, and geophysical mapping of the United States and make the resulting data and metadata electronically accessible, to the extent permitted by law and subject to appropriate limitations for purposes of privacy and security, to support private sector mineral exploration of critical minerals; and (v) recommendations to streamline permitting and review processes related to developing leases; enhancing access to critical mineral resources; and increasing discovery, production, and domestic refining of critical minerals. (b) Agencies shall implement subsection (a) of this section in a manner consistent with, and when possible complementary to, implementation of Executive Order 13771 of January 30, 2017 March 28, 2017 August 15, 2017 September 30, 1993 Sec General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or (iii) existing treaties or international agreements relating to mineral production, imports, or exports. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  Donald J. Trump.  Ex. Ord. No. 13953. Addressing the Threat to the Domestic Supply Chain From Reliance on Critical Minerals From Foreign Adversaries and Supporting the Domestic Mining and Processing Industries Ex. Ord. No. 13953, Sept. 30, 2020 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq 50 U.S.C. 1601 et seq section 301 of title 3 I, DONALD J. TRUMP, President of the United States of America, find that a strong America cannot be dependent on imports from foreign adversaries for the critical minerals that are increasingly necessary to maintain our economic and military strength in the 21st century. Because of the national importance of reliable access to critical minerals, I signed Executive Order 13817 of December 20, 2017 These critical minerals are necessary inputs for the products our military, national infrastructure, and economy depend on the most. Our country needs critical minerals to make airplanes, computers, cell phones, electricity generation and transmission systems, and advanced electronics. Though these minerals are indispensable to our country, we presently lack the capacity to produce them in processed form in the quantities we need. American producers depend on foreign countries to supply and process them. For 31 of the 35 critical minerals, the United States imports more than half of its annual consumption. The United States has no domestic production for 14 of the critical minerals and is completely dependent on imports to supply its demand. Whereas the United States recognizes the continued importance of cooperation on supply chain issues with international partners and allies, in many cases, the aggressive economic practices of certain non-market foreign producers of critical minerals have destroyed vital mining and manufacturing jobs in the United States. Our dependence on one country, the Peoples Republic of China (China), for multiple critical minerals is particularly concerning. The United States now imports 80 percent of its rare earth elements directly from China, with portions of the remainder indirectly sourced from China through other countries. In the 1980s, the United States produced more of these elements than any other country in the world, but China used aggressive economic practices to strategically flood the global market for rare earth elements and displace its competitors. Since gaining this advantage, China has exploited its position in the rare earth elements market by coercing industries that rely on these elements to locate their facilities, intellectual property, and technology in China. For instance, multiple companies were forced to add factory capacity in China after it suspended exports of processed rare earth elements to Japan in 2010, threatening that countrys industrial and defense sectors and disrupting rare earth elements prices worldwide. The United States also disproportionately depends on foreign sources for barite. The United States imports over 75 percent of the barite it consumes, and over 50 percent of its barite imports come from China. Barite is of critical importance to the hydraulic fracturing (fracking) industry, which is vital to the energy independence of the United States. The United States depends on foreign sources for 100 percent of its gallium, with China producing around 95 percent of the global supply. Gallium-based semiconductors are indispensable for cellphones, blue and violet light-emitting diodes (LEDs), diode lasers, and fifth-generation (5G) telecommunications. Like for gallium, the United States is 100 percent reliant on imports for graphite, which is used to make advanced batteries for cellphones, laptops, and hybrid and electric cars. China produces over 60 percent of the worlds graphite and almost all of the worlds production of high-purity graphite needed for rechargeable batteries. For these and other critical minerals identified by the Secretary of the Interior, we must reduce our vulnerability to adverse foreign government action, natural disaster, or other supply disruptions. Our national security, foreign policy, and economy require a consistent supply of each of these minerals. I therefore determine that our Nations undue reliance on critical minerals, in processed or unprocessed form, from foreign adversaries constitutes an unusual and extraordinary threat, which has its source in substantial part outside the United States, to the national security, foreign policy, and economy of the United States. I hereby declare a national emergency to deal with that threat. In addition, I find that the United States must broadly enhance its mining and processing capacity, including for minerals not identified as critical minerals and not included within the national emergency declared in this order. By expanding and strengthening domestic mining and processing capacity today, we guard against the possibility of supply chain disruptions and future attempts by our adversaries or strategic competitors to harm our economy and military readiness. Moreover, additional domestic capacity will reduce United States and global dependence on minerals produced in countries that do not endorse and pursue appropriate minerals supply chain standards, leading to human rights violations, forced and child labor, violent conflict, and health and environmental damage. Finally, a stronger domestic mining and processing industry fosters a healthier and faster-growing economy for the United States. Mining and mineral processing provide jobs to hundreds of thousands of Americans whose daily work allows our country and the world to Buy American for critical technology. I hereby determine and order: Section 50 U.S.C. 1702(a)(1)(B) Sept. 30, 2020 (b) By January 1, 2021 (c) The Secretary of the Interior, in consultation with the heads of other agencies, as appropriate, is hereby authorized to submit recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA ( 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) Sec. (i) the United States develops secure critical minerals supply chains that do not depend on resources or processing from foreign adversaries; (ii) the United States establishes, expands, and strengthens commercially viable critical minerals mining and minerals processing capabilities; and (iii) the United States develops globally competitive, substantial, and resilient domestic commercial supply chain capabilities for critical minerals mining and processing. (b) Within 30 days of the date of this order, the heads of all relevant agencies shall each submit a report to the President, through the Director of the Office of Management and Budget, the Assistant to the President for National Security Affairs, and the Assistant to the President for Economic Policy, that identifies all legal authorities and appropriations that the agency can use to meet the goals identified in subsection (a) of this section. (c) Within 60 days of the date of this order, the heads of all relevant agencies shall each submit a report as provided in subsection (b) of this section that details the agencys strategy for using the legal authorities and appropriations identified pursuant to that subsection to meet the goals identified in subsection (a) of this section. The report shall explain how the agencys activities will be organized and how it proposes to coordinate relevant activities with other agencies. (d) Within 60 days of the date of this order, the Director of the Office of Science and Technology Policy shall submit a report to the President, through the Director of the Office of Management and Budget, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and the Assistant to the President for Trade and Manufacturing Policy, that describes the current state of research and development activities undertaken by the Federal Government that relate to the mapping, extraction, processing, and use of minerals and that identifies future research and development needs and funding opportunities to strengthen domestic supply chains for minerals. (e) Within 45 days of the date of this order, the Secretary of State, in consultation with the United States Trade Representative, shall submit a report to the President, through the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and the Assistant to the President for Trade and Manufacturing Policy, that details existing and planned efforts and policy options to: (i) reduce the vulnerability of the United States to the disruption of critical mineral supply chains through cooperation and coordination with partners and allies, including the private sector; (ii) build resilient critical mineral supply chains, including through initiatives to help allies build reliable critical mineral supply chains within their own territories; (iii) promote responsible minerals sourcing, labor, and business practices; and (iv) reduce the dependence of the United States on minerals produced using methods that do not adhere to responsible mining standards. Sec. March 16, 2012 50 U.S.C. 4553 Sec. 42 U.S.C. 16511 et seq 42 U.S.C. 17013 (i) shall consider whether the relevant provisions of Title XVII can be interpreted in a manner that better promotes the expansion and protection of the domestic supply chain for minerals (including the development of new supply chains and the processing, remediation, and reuse of materials already in interstate commerce or otherwise available domestically); (ii) shall examine the meaning of the terms avoid, reduce, or sequester and other key terms in section 16513(a) of title 42 (iii) shall consider whether relevant provisions of the ATVM statute may be interpreted in a manner that better promotes the expansion and protection of the domestic supply chain for minerals (including the development of new supply chains and the processing, remediation, and reuse of materials already in interstate commerce or otherwise available domestically), including in such consideration the application of these provisions to minerals determined to be components installed for the purpose of meeting the performance requirements of advanced technology vehicles; and (iv) shall examine the meaning of the terms qualifying components and other key terms in sub section 17013(a) of title 42 (b) Within 30 days of the date of this order, the Secretary of Energy shall review the Department of Energys regulations (including any preambles thereto) interpreting Title XVII and the ATVM statute, including the regulations published at 81 Fed. Reg Dec. 15, 2016 Fed. Reg Nov. 12, 2008 Sec. Sec. Sec. Amendment Sec. Definitions (a) the term critical minerals means the minerals and materials identified by the Secretary of the Interior pursuant to section 2(b) of Executive Order 13817, as amended by this order; and (b) the term supply chain, when used with reference to minerals, includes the exploration, mining, concentration, separation, alloying, recycling, and reprocessing of minerals. Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  Donald J. Trump.  1602. Congressional declaration of policies 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. 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 an analytical and forecasting capability for identifying critical mineral demand, supply, and other factors to allow informed actions to be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts; (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 (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; (7) facilitate the availability, development, and environmentally responsible production of domestic resources to meet national material or critical mineral needs; (8) avoid duplication of effort, prevent unnecessary paperwork, and minimize delays in the administration of applicable laws (including regulations) and the issuance of permits and authorizations necessary to explore for, develop, and produce critical minerals and to construct critical mineral manufacturing facilities in accordance with applicable environmental and land management laws; (9) strengthen (A) educational and research capabilities at not lower than the secondary school level; and (B) workforce training for exploration and development of critical minerals and critical mineral manufacturing; (10) bolster international cooperation through technology transfer, information sharing, and other means; (11) promote the efficient production, use, and recycling of critical minerals; (12) develop alternatives to critical minerals; and (13) establish contingencies for the production of, or access to, critical minerals for which viable sources do not exist within the United States. ( Pub. L. 96479,  3 Oct. 21, 1980 94 Stat. 2305 Pub. L. 116260, div. Z, title VII,  7002(b)(1) Dec. 27, 2020 134 Stat. 2563  Editorial Notes  References in Text The National Science and Technology Policy, Organization, and Priorities Act of 1976, referred to in par. (4), is Pub. L. 94282 May 11, 1976 90 Stat. 459 section 6601 of Title 42 Amendments 2020 Pub. L. 116260,  7002(m)(2) Par. (3). Pub. L. 116260,  7002(b)(1)(A) Pars. (7) to (13). Pub. L. 116260,  7002(b)(1)(B)  1603. Implementation of policies The President shall, through the Executive Office of the President, coordinate the responsible departments and agencies to implement the policy described in section 1602 of this title (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. ( Pub. L. 96479,  4 Oct. 21, 1980 94 Stat. 2306 Pub. L. 116260, div. Z, title VII,  7002(m)(3) Dec. 27, 2020 134 Stat. 2576  Editorial Notes Amendments 2020 Pub. L. 116260 section 1602 of this title section 1604 of this title section 1602 of this title  1604. Program administration (a) President; preparation of plan and submission to Congress of report Within 1 year after December 27, 2020 (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 Presidents 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 (1) through the National Science and Technology Council 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 such other members of the Cabinet as may be appropriate, shall (1) not later than 1 year after December 27, 2020 (2) assess the adequacy and stability of the supply of materials necessary to maintain national security, economic well-being, public health, and industrial production. (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.) [now 50 U.S.C. 4501 50 U.S.C. 98 December 27, 2020 (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 Geological Survey to assess international minerals supplies; (2) increase the level of mining and metallurgical research by the United States Geological Survey 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 December 27, 2020 (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 Provided, however ( Pub. L. 96479,  5 Oct. 21, 1980 94 Stat. 2307 Pub. L. 116260, div. Z, title VII,  7002(m)(1) Dec. 27, 2020 134 Stat. 2575  Editorial Notes  References in Text The National Science and Technology Policy, Organization, and Priorities Act of 1976, referred to in subsec. (b), is Pub. L. 94282 May 11, 1976 90 Stat. 459 section 6601 of Title 42 The Defense Production Act of 1950, referred to in subsec. (d), is act Sept. 8, 1950, ch. 932 64 Stat. 798 The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (d), is act June 7, 1939, ch. 190 Pub. L. 9641,  2 July 30, 1979 93 Stat. 319 section 98 of Title 50 Amendments 2020 Pub. L. 116260,  7002(m)(1)(A) December 27, 2020 October 21, 1980 Subsec. (b)(1). Pub. L. 116260,  7002(m)(1)(B) Subsec. (c). Pub. L. 116260,  7002(m)(1)(C)(i) Subsec. (c)(1). Pub. L. 116260,  7002(m)(1)(C)(ii) October 21, 1980 Pub. L. 116260,  7002(m)(1)(C)(iv)(I) October 21, 1980 December 27, 2020 October 21, 1980 Subsec. (c)(2). Pub. L. 116260,  7002(m)(1)(C)(v) Subsec. (c)(3). Pub. L. 116260,  7002(m)(1)(C)(ii) Subsec. (e). Pub. L. 116260,  7002(m)(1)(D)  1605. Applicability to other statutory national mining and minerals policies  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 section 1602 of this title section 21a of this title section 21a of this title ( Pub. L. 96479,  6 Oct. 21, 1980 94 Stat. 2309  1606. Mineral security (a) Definitions In this section: (1) Byproduct The term byproduct means a critical mineral (A) the recovery of which depends on the production of a host mineral that is not designated as a critical mineral; and (B) that exists in sufficient quantities to be recovered during processing or refining. (2) Critical material The term critical material means (A) any non-fuel mineral, element, substance, or material that the Secretary of Energy determines (i) has a high risk of a supply chain disruption; and (ii) serves an essential function in 1 or more energy technologies, including technologies that produce, transmit, store, and conserve energy; or (B) a critical mineral. (3) Critical mineral (A) In general The term critical mineral means any mineral, element, substance, or material designated as critical by the Secretary under subsection (c). (B) Exclusions The term critical mineral does not include (i) fuel minerals; (ii) water, ice, or snow; (iii) common varieties of sand, gravel, stone, pumice, cinders, and clay. (4) Indian Tribe The term Indian Tribe has the meaning given the term in section 5304 of title 25 (5) Secretary The term Secretary means the Secretary of the Interior. (6) State The term State means (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands. (7) Institution of higher education The term institution of higher education means (A) an institution of higher education (as defined in section 1001(a) of title 20 (B) a postsecondary vocational institution (as defined in section 1002(c) of title 20 (b) Omitted (c) Critical mineral designations (1) Draft methodology and list The Secretary, acting through the Director of the United States Geological Survey (referred to in this subsection as the Secretary), shall publish in the Federal Register for public comment (A) a description of the draft methodology used to identify a draft list of critical minerals; (B) a draft list of minerals, elements, substances, and materials that qualify as critical minerals; and (C) a draft list of critical minerals recovered as byproducts and their host minerals. (2) Availability of data If available data is insufficient to provide a quantitative basis for the methodology developed under this subsection, qualitative evidence may be used to the extent necessary. (3) Final methodology and list After reviewing public comments on the draft methodology and the draft lists published under paragraph (1) and updating the methodology and lists as appropriate, not later than 45 days after the date on which the public comment period with respect to the draft methodology and draft lists closes, the Secretary shall publish in the Federal Register (A) a description of the final methodology for determining which minerals, elements, substances, and materials qualify as critical minerals; (B) the final list of critical minerals; and (C) the final list of critical minerals recovered as byproducts and their host minerals. (4) Designations (A) In general For purposes of carrying out this subsection, the Secretary shall maintain a list of minerals, elements, substances, and materials designated as critical, pursuant to the final methodology published under paragraph (3), that the Secretary determines (i) are essential to the economic or national security of the United States; (ii) the supply chain of which is vulnerable to disruption (including restrictions associated with foreign political risk, abrupt demand growth, military conflict, violent unrest, anti-competitive or protectionist behaviors, and other risks throughout the supply chain); and (iii) serve an essential function in the manufacturing of a product (including energy technology-, defense-, currency-, agriculture-, consumer electronics-, and health care-related applications), the absence of which would have significant consequences for the economic or national security of the United States. (B) Inclusions Notwithstanding the criteria under paragraph (3), the Secretary may designate and include on the list any mineral, element, substance, or material determined by another Federal agency to be strategic and critical to the defense or national security of the United States. (C) Required consultation The Secretary shall consult with the Secretaries of Defense, Commerce, Agriculture, and Energy and the United States Trade Representative in designating minerals, elements, substances, and materials as critical under this paragraph. (5) Subsequent review (A) In general The Secretary, in consultation with the Secretaries of Defense, Commerce, Agriculture, and Energy and the United States Trade Representative, shall review the methodology and list under paragraph (3) and the designations under paragraph (4) at least every 3 years, or more frequently as the Secretary considers to be appropriate. (B) Revisions Subject to paragraph (4)(A), the Secretary may (i) revise the methodology described in this subsection; (ii) determine that minerals, elements, substances, and materials previously determined to be critical minerals are no longer critical minerals; and (iii) designate additional minerals, elements, substances, or materials as critical minerals. (6) Notice On finalization of the methodology and the list under paragraph (3), or any revision to the methodology or list under paragraph (5), the Secretary shall submit to Congress written notice of the action. (d) Resource assessment (1) In general Not later than 4 years after December 27, 2020 (A) identifies and quantifies known critical mineral resources, using all available public and private information and datasets, including exploration histories; and (B) provides a quantitative and qualitative assessment of undiscovered critical mineral resources throughout the United States, including probability estimates of tonnage and grade, using all available public and private information and datasets, including exploration histories. (2) Supplementary information In carrying out this subsection, the Secretary may carry out surveys and field work (including drilling, remote sensing, geophysical surveys, topographical and geological mapping, and geochemical sampling and analysis) to supplement existing information and datasets available for determining the existence of critical minerals in the United States. (3) Public access Subject to applicable law, to the maximum extent practicable, the Secretary shall make all data and metadata collected from the comprehensive national assessment carried out under paragraph (1) publically and electronically accessible. (4) Technical assistance At the request of the Governor of a State or the head of an Indian Tribe, the Secretary may provide technical assistance to State governments and Indian Tribes conducting critical mineral resource assessments on non-Federal land. (5) Prioritization (A) In general The Secretary may sequence the completion of resource assessments for each critical mineral such that critical minerals considered to be most critical under the methodology established under subsection (c) are completed first. (B) Reporting During the period beginning not later than 1 year after December 27, 2020 (i) identifies the sequence and schedule for completion of the assessments if the Secretary sequences the assessments; or (ii) describes the progress of the assessments if the Secretary does not sequence the assessments. (6) Updates The Secretary may periodically update the assessments conducted under this subsection based on (A) the generation of new information or datasets by the Federal Government; or (B) the receipt of new information or datasets from critical mineral producers, State geological surveys, academic institutions, trade associations, or other persons. (7) Additional surveys The Secretary shall complete a resource assessment for each additional mineral or element subsequently designated as a critical mineral under subsection (c)(5)(B) not later than 2 years after the designation of the mineral or element. (8) Report Not later than 2 years after December 27, 2020 (A) for which the United States was dependent on a foreign country for more than 25 percent of the United States supply, as depicted in the report issued by the United States Geological Survey entitled Mineral Commodity Summaries 2021; but (B) that is not designated as a critical mineral under subsection (c). (e) Report of Small Business Administration Not later than 1 year and 300 days after December 27, 2020 (1) complying with chapter 6 of title 5 (commonly known as the Regulatory Flexibility Act), in promulgating regulations applicable to the critical minerals industry; and (2) performing an analysis of the efficiency of regulations applicable to the critical minerals industry, including those that are disproportionately burdensome to small businesses. (f) Federal Register process (1) Departmental review Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary and the Secretary of Agriculture shall ensure that each Federal Register notice described in paragraph (2) shall be (A) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and (B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice. (2) Preparation The preparation of Federal Register notices required by law associated with the issuance of a critical mineral exploration or mine permit shall be delegated to the organizational level within the agency responsible for issuing the critical mineral exploration or mine permit. (3) Transmission All Federal Register notices regarding official document availability, announcements of meetings, or notices of intent to undertake an action shall be originated in, and transmitted to the Federal Register from, the office in which, as applicable (A) the documents or meetings are held; or (B) the activity is initiated. (4) Application of certain provisions (A) In general Subsection (f) shall also apply to (i) an exploration project in which the presence of a byproduct is reasonably expected, based on known mineral companionality, geologic formation, mineralogy, or other factors; and (ii) a project that demonstrates that a byproduct is of sufficient grade that, when combined with the production of a host mineral, the byproduct is economic to recover, as determined by the applicable Secretary in accordance with subparagraph (B), and that the byproduct will be recovered in commercial quantities. (B) Requirement In making the determination under subparagraph (A)(ii), the applicable Secretary shall consider the cost effectiveness of the byproducts recovery. (g) Recycling, innovation, efficiency, and alternatives (1) Establishment The Secretary of Energy (referred to in this subsection as the Secretary) shall conduct a program (referred to in this subsection as the program) of research, development, demonstration, and commercialization (A) to develop alternatives to critical materials that do not occur in significant abundance in the United States; (B) to promote the efficient production, use, and recycling of critical materials, with special consideration for domestic critical materials, throughout the supply chain; (C) to ensure the long-term, secure, and sustainable supply of critical materials; and (D) to prioritize work in areas that the private sector by itself is not likely to undertake due to financial or technical limitations. (2) Cooperation In carrying out the program, the Secretary shall cooperate with appropriate (A) Federal agencies, including the Department of the Interior; (B) the National Laboratories; (C) critical material producers, processors, and manufacturers; (D) trade associations; (E) academic institutions (including students and postdoctoral staff at institutions of higher education); (F) small businesses; (G) nongovernmental organizations; and (H) other relevant entities or individuals. (3) Energy Innovation Hub In carrying out the program, the Secretary may use an Energy Innovation Hub authorized under section 18632 of title 42 (4) Activities Under the program, the Secretary shall carry out activities that include the identification and development of (A) alternative materials, particularly materials available in abundance within the United States and not subject to potential supply restrictions, that lessen the need for critical materials; (B) alternative energy technologies or alternative designs of existing energy technologies, particularly technologies or designs that use materials that (i) occur in abundance in the United States; and (ii) are not subject to potential supply restrictions; (C) technologies or process improvements that minimize the use and content, or lead to more efficient use, of critical materials across the full supply chain; (D) innovative technologies and practices to diversify commercially viable and sustainable domestic sources of critical materials, including technologies for recovery from waste streams; (E) technologies, process improvements, or design optimizations that facilitate the recycling of critical materials, and options for improving the rates of collection of products and scrap containing critical materials from post-consumer, industrial, or other waste streams; (F) advanced critical material extraction, production, separation, alloying, or processing technologies that decrease the energy consumption, environmental impact, and costs of those activities, including (i) efficient water and wastewater management strategies; (ii) technologies and management strategies to control the environmental impacts of radionuclides in ore tailings; (iii) technologies for separation and processing; and (iv) technologies for increasing the recovery rates of coproducts and byproducts from host metal ores; (G) commercial markets, advanced storage methods, energy applications, and other beneficial uses of critical materials; and (H) advanced theoretical, computational, and experimental tools necessary to support the crosscutting research and development needs of diverse critical minerals stakeholders. (5) Plan (A) In general Not later than 1 year after December 27, 2020 (B) Inclusions The plan under subparagraph (A) shall include a description of (i) the research and development activities to be carried out under the program during the subsequent 2 years; (ii) the expected contributions under the program to the creation of innovative methods and technologies for the efficient and sustainable provision of critical materials to the domestic economy; (iii) the expected activities under the program to mitigate the environmental and health impacts of the extraction, processing, manufacturing, use, recovery, and recycling of critical materials; and (iv) how the program will promote the broadest possible participation by academic, industrial, and other contributors and the public. (6) Coordination and nonduplication To the maximum extent practicable, the Secretary shall ensure that the activities carried out under this subsection are coordinated with, and do not duplicate the efforts of, other programs within the Federal Government, including the work underway by the Critical Materials Institute and the National Minerals Information Center. (7) Standard of review Not later than 2 years after December 27, 2020 (8) Critical materials consortium (A) In general Not later than 1 year after December 27, 2020 (B) Leadership If an Energy Innovation Hub authorized under section 18632 of title 42 December 27, 2020 (C) Membership The members of the Consortium shall be representatives from relevant Federal agencies, the National Laboratories, the National Minerals Information Center, institutions of higher education, private sector entities, multiinstitutional collaborations, and other appropriate entities. (D) Responsibilities The Consortium shall (i) develop and implement a multiyear plan that (I) identifies technical goals and milestones for the program; (II) utilizes the high performance computing capabilities of the Department; and (III) leverages the expertise of the National Laboratories and the United States Geological Survey; and (ii) submit an annual report to the Secretary summarizing the activities of the Consortium, including an evaluation of the role of the Consortium in the achievement of the technical milestones identified under clause (i)(I). (E) Sunset; termination (i) In general The Secretary may provide support to the Consortium for a period of not more than 10 years, subject to the availability of appropriations. (ii) Merit review Not later than 5 years after the date on which the Consortium is established, the Secretary shall conduct a rigorous merit review to determine whether the Consortium helped the program achieve the technical milestones identified under subparagraph (D)(i)(I). (iii) Termination If the Secretary determines that the Consortium has not helped the program achieve the technical milestones identified under subparagraph (D)(i)(I), the Secretary may terminate any financial or technical support that the Department provides to the Consortium. (9) Reports Not later than 2 years after December 27, 2020 (10) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this subsection (A) $125,000,000 for fiscal year 2021; (B) $105,000,000 for fiscal year 2022; (C) $100,000,000 for fiscal year 2023; (D) $135,000,000 for fiscal year 2024; and (E) $135,000,000 for fiscal year 2025. (h) Critical Materials Supply Chain Research Facility (1) In general The Secretary of Energy (referred to in this subsection as the Secretary) shall support construction of a Critical Materials Supply Chain Research Facility (referred to in this subsection as the facility). (2) Requirements The facility (A) shall be used to further enable research, development, demonstration, and commercialization activities throughout the supply chain for critical materials; and (B) shall provide an integrated, rapidly reconfigurable research platform. (3) Authorization of appropriations There are authorized to be appropriated to the Secretary to fund the design and construction of the facility, to remain available until expended (A) $10,000,000 for fiscal year 2021; (B) $30,000,000 for fiscal year 2022; and (C) $35,000,000 for fiscal year 2023. (i) Critical Materials Research Database and Information Portal (1) In general In carrying out the program established under subsection (g)(1), the Secretary and the Secretary of Energy (referred to in this subsection as the Secretaries), in consultation with the Director of the National Science Foundation, shall establish and operate a Critical Materials Information Portal (referred to in this subsection as the Portal) to collect, catalogue, disseminate, and archive information on critical materials. (2) Cooperation In carrying out paragraph (1), the Secretaries shall leverage the expertise of the National Minerals Information Center, the Office of Scientific and Technical Information, and the Critical Materials Consortium established under subsection (g)(8)(A). (3) Purpose The purpose of the Portal is to support the development of a web-based platform to provide public access to a database of computed information on known and predicted critical materials and related material properties and computational tools in order (A) to accelerate breakthroughs in critical materials identification and design; (B) to strengthen the foundation for technologies that will enable more sustainable recycling, substitution, use, and recovery and minimize the environmental impacts of methods for extraction, processing, and manufacturing of critical materials; and (C) to drive the development of advanced materials for applications that span the missions of the Department of Energy and the Department of the Interior (referred to in this subsection as the Departments) in energy, environment, and national security. (4) Activities In carrying out this subsection, the Secretaries shall (A) conduct cooperative research with industry, academia, and other research institutions to facilitate the design of novel materials, including critical materials and substitutes for critical materials; (B) leverage existing high-performance computing systems to conduct high throughput calculations and develop computing and data mining algorithms for the prediction of material properties, including a focus on critical materials; (C) leverage and support research in mineralogy and mineral chemistry to enhance the understanding, prediction, and manipulation of critical materials; (D) assist scientists and engineers in making the fullest possible use of the relevant data holdings of the Departments, including the scientific and technical data generated by the research and development activities funded under subsection (g); (E) seek and incorporate other information on critical materials to enhance the Departments utility for program participants and other users; and (F) manage and make available to researchers and the public accessible, curated, standardized, secure, and privacy-protected data sets from the public and private sectors for the purposes of critical materials research and development activities. (5) Proprietary information In carrying out this subsection, the Secretaries shall ensure, consistent with section 1604(f) of this title (A) no person uses the information and data collected for the Portal for a purpose other than the development of, or reporting of, aggregate data in a manner such that the identity of the person or firm who supplied the information is not discernible and is not material to the intended uses of the information; (B) no person discloses any information or data collected for the Portal unless the information or data has been transformed into a statistical or aggregate form that does not allow the identification of the person or firm who supplied particular information; and (C) procedures are established to require the withholding of any information or data collected for the Portal if at least 1 of the Secretaries determines that the withholding is necessary to protect proprietary information, including any trade secrets or other confidential information. (j) Analysis and forecasting (1) Capabilities In order to evaluate existing critical mineral policies and inform future actions that may be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts, the Secretary (acting through the Director of the United States Geological Survey) or a designee of the Secretary, in consultation with the Energy Information Administration, academic institutions, and others in order to maximize the application of existing competencies related to developing and maintaining computer-models and similar analytical tools, shall conduct and publish the results of an annual report that includes (A) as part of the annually published Mineral Commodity Summaries from the United States Geological Survey, a comprehensive review of critical mineral production, consumption, and recycling patterns, including (i) the quantity of each critical mineral domestically produced during the preceding year; (ii) the quantity of each critical mineral domestically consumed during the preceding year; (iii) market price data or other price data for each critical mineral; (iv) an assessment of (I) critical mineral requirements to meet the national security, energy, economic, industrial, technological, and other needs of the United States during the preceding year; (II) the reliance of the United States on foreign sources to meet those needs during the preceding year; and (III) the implications of any supply shortages, restrictions, or disruptions during the preceding year; (v) the quantity of each critical mineral domestically recycled during the preceding year; (vi) the market penetration during the preceding year of alternatives to each critical mineral; (vii) a discussion of international trends associated with the discovery, production, consumption, use, costs of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and (viii) such other data, analyses, and evaluations as the Secretary finds are necessary to achieve the purposes of this subsection; and (B) a comprehensive forecast, entitled the Annual Critical Minerals Outlook, of projected critical mineral production, consumption, and recycling patterns, including (i) the quantity of each critical mineral projected to be domestically produced over the subsequent 1-year, 5-year, and 10-year periods; (ii) the quantity of each critical mineral projected to be domestically consumed over the subsequent 1-year, 5-year, and 10-year periods; (iii) an assessment of (I) critical mineral requirements to meet projected national security, energy, economic, industrial, technological, and other needs of the United States; (II) the projected reliance of the United States on foreign sources to meet those needs; and (III) the projected implications of potential supply shortages, restrictions, or disruptions; (iv) the quantity of each critical mineral projected to be domestically recycled over the subsequent 1-year, 5-year, and 10-year periods; (v) the market penetration of alternatives to each critical mineral projected to take place over the subsequent 1-year, 5-year, and 10-year periods; (vi) a discussion of reasonably foreseeable international trends associated with the discovery, production, consumption, use, costs of production, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and (vii) such other projections relating to each critical mineral as the Secretary determines to be necessary to achieve the purposes of this subsection. (2) Proprietary information In preparing a report described in paragraph (1), the Secretary shall ensure, consistent with section 1604(f) of this title (A) no person uses the information and data collected for the report for a purpose other than the development of or reporting of aggregate data in a manner such that the identity of the person or firm who supplied the information is not discernible and is not material to the intended uses of the information; (B) no person discloses any information or data collected for the report unless the information or data has been transformed into a statistical or aggregate form that does not allow the identification of the person or firm who supplied particular information; and (C) procedures are established to require the withholding of any information or data collected for the report if the Secretary determines that withholding is necessary to protect proprietary information, including any trade secrets or other confidential information. (k) Education and workforce (1) Workforce assessment Not later than 1 year and 300 days after December 27, 2020 (A) skills that are in the shortest supply as of the date of the assessment; (B) skills that are projected to be in short supply in the future; (C) the demographics of the critical minerals industry and how the demographics will evolve under the influence of factors such as an aging workforce; (D) the effectiveness of training and education programs in addressing skills shortages; (E) opportunities to hire locally for new and existing critical mineral activities; (F) the sufficiency of personnel within relevant areas of the Federal Government for achieving the policies described in section 1602 of this title (G) the potential need for new training programs to have a measurable effect on the supply of trained workers in the critical minerals industry. (2) Curriculum study (A) In general The Secretary and the Secretary of Labor shall jointly enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering under which the Academies shall coordinate with the National Science Foundation on conducting a study (i) to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain and improve the ability of the United States to increase domestic, critical mineral exploration, development, production, manufacturing, research, including fundamental research into alternatives, and recycling; (ii) to address undergraduate and graduate education, especially to assist in the development of graduate level programs of research and instruction that lead to advanced degrees with an emphasis on the critical mineral supply chain or other positions that will increase domestic, critical mineral exploration, development, production, manufacturing, research, including fundamental research into alternatives, and recycling; (iii) to develop guidelines for proposals from institutions of higher education with substantial capabilities in the required disciplines for activities to improve the critical mineral supply chain and advance the capacity of the United States to increase domestic, critical mineral exploration, research, development, production, manufacturing, and recycling; and (iv) to outline criteria for evaluating performance and recommendations for the amount of funding that will be necessary to establish and carry out the program described in paragraph (3). (B) Report Not later than 2 years after December 27, 2020 (3) Program (A) Establishment The Secretary and the Secretary of Labor shall jointly conduct a competitive grant program under which institutions of higher education may apply for and receive 4-year grants for (i) startup costs for newly designated faculty positions in integrated critical mineral education, research, innovation, training, and workforce development programs consistent with paragraph (2); (ii) internships, scholarships, and fellowships for students enrolled in programs related to critical minerals; (iii) equipment necessary for integrated critical mineral innovation, training, and workforce development programs; and (iv) research of critical minerals and their applications, particularly concerning the manufacture of critical components vital to national security. (B) Renewal A grant under this paragraph shall be renewable for up to 2 additional 3-year terms based on performance criteria outlined under paragraph (2)(A)(iv). (l) , (m) Omitted (n) Administration (1) , (2) Omitted (3) Savings clauses (A) In general Nothing in this section or an amendment made by this section modifies any requirement or authority provided by (i) the matter under the heading geological survey of the first section of the Act of March 3, 1879 43 U.S.C. 31(a) (ii) the first section of Public Law 87626 43 U.S.C. 31(b) (B) Effect on Department of Defense Nothing in this section or an amendment made by this section affects the authority of the Secretary of Defense with respect to the work of the Department of Defense on critical material supplies in furtherance of the national defense mission of the Department of Defense. (C) Secretarial order not affected This section shall not apply to any mineral described in Secretarial Order No. 3324, issued by the Secretary on December 3, 2012 (o) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2021 through 2029. ( Pub. L. 116260, div. Z, title VII,  7002 Dec. 27, 2020 134 Stat. 2562  Editorial Notes  References in Text An amendment made by this section, referred to in subsec. (n)(3)(A), (B), means an amendment made by subsec. (b), ( l Codification Section was enacted as part of the Energy Act of 2020, and not as part of the National Materials and Minerals Policy, Research and Development Act of 1980 which comprises this chapter. Section is comprised of section 7002 of div. Z of Pub. L. 116260 l section 15908 of Title 42 section 5202 of Title 15 Statutory Notes and Related Subsidiaries Department of Defense Research and Development Priorities Pub. L. 11781, div. A, title VIII,  845 Dec. 27, 2021 135 Stat. 1842 The Secretary of Defense shall cooperate with the Secretary of Energy to ensure that the priorities of the Department of Defense with respect to the research and development of alternative technologies to, and methods for the extraction, processing, and recycling of, critical minerals (as defined in section 2(b) of the National Materials and Minerals Policy, Research, and Development Act of 1980 ( 30 U.S.C. 1601(b) Public Law 116260 30 U.S.C. 1606(g)  1607. Critical minerals supply chains and reliability (a) Definition of critical mineral In this section, the term critical mineral has the meaning given the term in section 1606(a) of this title (b) Sense of Congress It is the sense of Congress that (1) critical minerals are fundamental to the economy, competitiveness, and security of the United States; (2) many critical minerals are only economic to recover when combined with the production of a host mineral; (3) to the maximum extent practicable, the critical mineral needs of the United States should be satisfied by minerals responsibly produced and recycled in the United States; and (4) the Federal permitting process has been identified as an impediment to mineral production and the mineral security of the United States. (c) Federal permitting and review performance improvements To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the Secretaries), to the maximum extent practicable, shall complete the Federal permitting and review processes with maximum efficiency and effectiveness, while supporting vital economic growth, by (1) establishing and adhering to timelines and schedules for the consideration of, and final decisions regarding, applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (2) establishing clear, quantifiable, and temporal permitting performance goals and tracking progress against those goals; (3) engaging in early collaboration among agencies, project sponsors, and affected stakeholders (A) to incorporate and address the interests of those parties; and (B) to minimize delays; (4) ensuring transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual projects and agency performance; (5) engaging in early and active consultation with State, local, and Tribal governments (A) to avoid conflicts or duplication of effort; (B) to resolve concerns; and (C) to allow for concurrent, rather than sequential, reviews; (6) providing demonstrable improvements in the performance of Federal permitting and review processes, including lower costs and more timely decisions; (7) expanding and institutionalizing Federal permitting and review process improvements that have proven effective; (8) developing mechanisms to better communicate priorities and resolve disputes among agencies at the national, regional, State, and local levels; and (9) developing other practices, such as preapplication procedures. (d) Review and report Not later than 1 year after November 15, 2021 (1) identifies additional measures, including regulatory and legislative proposals, if appropriate, that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals; (2) identifies options, including cost recovery paid by permit applicants, for ensuring adequate staffing and training of Federal entities and personnel responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (3) quantifies the period of time typically required to complete each step associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land, including by (A) calculating the range, the mean, the median, the variance, and other statistical measures or representations of the period of time; and (B) taking into account other aspects that affect the period of time that are outside the control of the Executive branch, such as judicial review, applicant decisions, or State and local government involvement; and (4) describes actions carried out pursuant to subsection (c). (e) Performance metric Not later than 90 days after the date of submission of the report under subsection (d), and after providing public notice and an opportunity to comment, the Secretaries, using as a baseline the period of time quantified under paragraph (3) of that subsection, shall develop and publish a performance metric for evaluating the progress made by the Executive branch to expedite the permitting of activities that will increase exploration for, and development of, domestic critical minerals, while maintaining environmental standards. (f) Annual reports Not later than the date on which the President submits the first budget of the President under section 1105 of title 31 (1) summarizes the implementation of recommendations, measures, and options identified in paragraphs (1) and (2) of subsection (d); (2) using the performance metric developed under subsection (e), describes progress made by the Executive branch, as compared to the baseline developed pursuant to subsection (d)(3), in expediting the permitting of activities that will increase exploration for, and development of, domestic critical minerals; and (3) compares the United States to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry. (g) Individual projects Each year, using data contained in the reports submitted under subsection (f), the Director of the Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31 ( Pub. L. 11758, div. D, title II,  40206 Nov. 15, 2021 135 Stat. 961  Editorial Notes Codification Section was enacted as part of the Infrastructure Investment and Jobs Act, and not as part of the National Materials and Minerals Policy, Research and Development Act of 1980 which comprises this chapter. Statutory Notes and Related Subsidiaries Wage Rate Requirements For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758 section 18851 of Title 42 CHAPTER 29 OIL AND GAS ROYALTY MANAGEMENT    Sec.  1701. Congressional statement of findings and purposes.  1702. Definitions.  SUBCHAPTER IFEDERAL 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.  1720a. Applicability of civil and criminal penalties to various uses of Federal or Indian lands and Outer Continental Shelf.  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.  1727. Royalties on all extracted methane.  SUBCHAPTER IISTATES 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 IIIGENERAL 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.  1759. Fees and charges.  1701. Congressional statement of findings and purposes (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. ( Pub. L. 97451,  2 Jan. 12, 1983 96 Stat. 2448  Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104185,  11 Aug. 13, 1996 110 Stat. 1717 Except as provided by section 115(h) [ 30 U.S.C. 1724(h) 30 U.S.C. 1721(h) 30 U.S.C. 1721(k)(5) 30 U.S.C. 1726 Aug. 13, 1996 Effective Date Pub. L. 97451, title III,  305 Jan. 12, 1983 96 Stat. 2461 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 Short Title of 1996 Amendment Pub. L. 104185,  1 Aug. 13, 1996 110 Stat. 1700 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 section 1732 of this title section 1339 of Title 43 Short Title Pub. L. 97451,  1 Jan. 12, 1983 96 Stat. 2447 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. 104185,  9 Aug. 13, 1996 110 Stat. 1717 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 Aug. 13, 1996 Pub. L. 104185,  10 Aug. 13, 1996 110 Stat. 1717 This Act [see Short Title of 1996 Amendment note above] shall not apply to any privately owned minerals. Construction of 1996 Amendment Pub. L. 104185,  12 Aug. 13, 1996 110 Stat. 1717 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.  1702. Definitions 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 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 95372 (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 section 1712(a) of this title (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 (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 (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. ( Pub. L. 97451,  3 Jan. 12, 1983 96 Stat. 2448 Pub. L. 92203,  29(f)(1) Pub. L. 100241,  15 Feb. 3, 1988 101 Stat. 1813 Pub. L. 104185,  2 Aug. 13, 1996 110 Stat. 1700 Pub. L. 104200,  1(1) Sept. 22, 1996 110 Stat. 2421  Editorial Notes  References in Text Section 3 of the Act of June 28, 1906 34 Stat. 539 Outer Continental Shelf as provided in the Outer Continental Shelf Lands Act ( Public Law 95372 section 1331(a) of Title 43 Amendments 1996Par. (7). Pub. L. 104185,  2(1) Pars. (17) to (25). Pub. L. 104185,  2(2) Par. (25)(B). Pub. L. 104200 Pars. (26) to (33). Pub. L. 104185,  2(2) 1988Pars. (3), (4). Pub. L. 92203 section 1613(g) of title 43 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104185 Aug. 13, 1996 section 11 of Pub. L. 104185 section 1701 of this title Effective Date of 1988 Amendment Pub. L. 92203,  29(f)(2) Pub. L. 100241,  15 Feb. 3, 1988 101 Stat. 1813 The amendment made by paragraph (1) [amending this section] shall be effective as if originally included in section 3 of Public Law 97451 Applicability of 1996 Amendment Amendment by Pub. L. 104185 Pub. L. 104185 section 1701 of this title Executive Documents  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 SUBCHAPTER I FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT  1711. Duties of Secretary (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 chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, 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. ( Pub. L. 97451, title I,  101 Jan. 12, 1983 96 Stat. 2449  Editorial Notes Codification In subsec. (c)(2), chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 substituted for the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 252 Pub. L. 107217,  5(c) Aug. 21, 2002 116 Stat. 1303 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854  1712. Duties of lessees, operators, and motor vehicle transporters (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 lessees 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. ( Pub. L. 97451, title I,  102 Jan. 12, 1983 96 Stat. 2450 Pub. L. 104185,  6(g) Aug. 13, 1996 110 Stat. 1715  Editorial Notes Amendments 1996Subsec. (a). Pub. L. 104185 (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. Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104185 Aug. 13, 1996 section 11 of Pub. L. 104185 section 1701 of this title Applicability of 1996 Amendment Amendment by Pub. L. 104185 Pub. L. 104185 section 1701 of this title  1713. Required recordkeeping (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. ( Pub. L. 97451, title I,  103 Jan. 12, 1983 96 Stat. 2451  1714. Deposit of royalty funds to Indian accounts  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. ( Pub. L. 97451, title I,  104(b) Jan. 12, 1983 96 Stat. 2452  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 97451, title I,  104(c) Jan. 12, 1983 96 Stat. 2452 The provisions of this section [enacting this section and amending section 191 of this title October 1, 1983  1715. Explanation of payments (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 ( Pub. L. 97451, title I,  105 Jan. 12, 1983 96 Stat. 2452  1716. Liabilities and bonding 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. ( Pub. L. 97451, title I,  106 Jan. 12, 1983 96 Stat. 2452  1717. Hearings and investigations (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. ( Pub. L. 97451, title I,  107 Jan. 12, 1983 96 Stat. 2452  1718. Inspections (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. ( Pub. L. 97451, title I,  108 Jan. 12, 1983 96 Stat. 2453  1719. Civil penalties (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 1 1 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), 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 2 (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 this 3 3 (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) 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 Secretarys 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), or (2) after a court in an action brought under subsection (j) 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). 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) for failure to pay any rental for any lease automatically terminated pursuant to section 188 of this title ( Pub. L. 97451, title I,  109 Jan. 12, 1983 96 Stat. 2454  Editorial Notes  References in Text Section 1712(a) of this title Pub. L. 104185,  6(g) Aug. 13, 1996 110 Stat. 1715 section 1712(a) of this title  1720. Criminal penalties  Any person who commits an act for which a civil penalty is provided in section 1719(d) of this title ( Pub. L. 97451, title I,  110 Jan. 12, 1983 96 Stat. 2455  1720a. Applicability of civil and criminal penalties to various uses of Federal or Indian lands and Outer Continental Shelf  Notwithstanding any other provision of law, Sections 1 1 2 2 ( Pub. L. 11188, div. A, title I,  114 Oct. 30, 2009 123 Stat. 2928  Editorial Notes  References in Text Sections 1719 and 1720 of this title, referred to in text, was in the original Sections 109 and 110 of the Federal Oil and Gas Royalty Management Act and was translated as meaning sections 109 and 110 of the Federal Oil and Gas Royalty Management Act of 1982, to reflect the probable intent of Congress. Codification Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010, and not as part of the Federal Oil and Gas Royalty Management Act of 1982 which comprises this chapter.  1721. Royalty terms and conditions, interest, and penalties (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 (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 section 191 of this title 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 section 6621 of title 26 (e) Nonliability of States for Secretarys 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 January 12, 1983 (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) 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 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. (i) 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 lessees 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 August 13, 1996 (j) 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. ( Pub. L. 97451, title I,  111 Jan. 12, 1983 96 Stat. 2455 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 104185,  6(a) Aug. 13, 1996 110 Stat. 17121715 Pub. L. 104200,  1(3) Sept. 22, 1996 110 Stat. 2421 Pub. L. 11367, div. A, title III,  305(a) Dec. 26, 2013 127 Stat. 1183 Pub. L. 113291, div. B, title XXX,  3021(c)(2) Dec. 19, 2014 128 Stat. 3761 Pub. L. 11494, div. C, title XXXII,  32301 Dec. 4, 2015 129 Stat. 1741  Editorial Notes  References in Text The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (e), is Pub. L. 93159 Nov. 27, 1973 87 Stat. 628 section 760g of Title 15 Sept. 30, 1981 Codification Section is comprised of section 111 of Pub. L. 97451 section 111 of Pub. L. 97451 section 191(a) of this title Amendments 2015Subsec. (h). Pub. L. 11494 Subsec. (i). Pub. L. 11494,  32301(1) Subsec. (j). Pub. L. 11494,  32301(2) l Subsecs. (k), ( l Pub. L. 11494,  32301(2) l 2014Subsec. (h). Pub. L. 113291 section 6621(b) of title 26 section 6621(a)(1) of title 26 2013Subsec. (i). Pub. L. 11367 1996 Pub. L. 104185,  6(h)(1) Subsec. (h). Pub. L. 104185,  6(a) Subsec. (i). Pub. L. 104200,  1(3) Pub. L. 104185,  6(b) Subsec. (j). Pub. L. 104200,  1(4) Pub. L. 104185,  6(c) Subsec. (k). Pub. L. 104185,  6(d) Subsec. (k)(4). Pub. L. 104200,  1(6) Subsec. ( l Pub. L. 104185,  6(e) l 1986Subsecs. (a), (b), (d). Pub. L. 99514 Statutory Notes and Related Subsidiaries Effective Date of 2013 Amendment Pub. L. 11367, div. A, title III,  305(b) Dec. 26, 2013 127 Stat. 1183 The amendment made by subsection (a) [amending this section] shall take effect on July 1, 2014 Effective Date of 1996 Amendment Amendment by Pub. L. 104185 Aug. 13, 1996 section 11 of Pub. L. 104185 section 1701 of this title Applicability of 1996 Amendment Amendment by Pub. L. 104185 Pub. L. 104185 section 1701 of this title Payment of Interest Charges From Current Receipts Pub. L. 108447, div. E, title I Dec. 8, 2004 118 Stat. 3053 Pub. L. 110161, div. F, title I Dec. 26, 2007 121 Stat. 2109 That in fiscal year 2005 and thereafter, notwithstanding 30 U.S.C. 191(a) 43 U.S.C. 1338 30 U.S.C. 1721(b) 30 U.S.C. 181 43 U.S.C. 1331  1721a. Adjustments and refunds (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 1 (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 (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 43 U.S.C. 1331 (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 ( Pub. L. 97451, title I,  111A Pub. L. 104185,  5(a) Aug. 13, 1996 110 Stat. 1710  Editorial Notes  References in Text The Mineral Leasing Act, referred to in subsec. (b)(2), is act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of this title The Outer Continental Shelf Lands Act, referred to in subsec. (b)(2), is act Aug. 7, 1953, ch. 345 67 Stat. 462 section 1301 of Title 43 Statutory Notes and Related Subsidiaries Effective Date Section applicable with respect to production of oil and gas after the first day of the month following Aug. 13, 1996 section 11 of Pub. L. 104185 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. 104185 section 1701 of this title  1722. Injunction and specific enforcement authority (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) 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. ( Pub. L. 97451, title I,  112 Jan. 12, 1983 96 Stat. 2456  1723. Rewards  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. ( Pub. L. 97451, title I,  113 Jan. 12, 1983 96 Stat. 2456  1724. Secretarial and delegated States actions and limitation periods (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 (3) Application of certain limitations The limitations set forth in sections 2401, 2415, 2416, and 2462 of title 28 and section 2262 of this title Section 3716 of title 31 (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) 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 lessees or its designees 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 (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 Secretarys or the applicable delegated States written request for such records necessary for an audit, investigation or other inquiry made in accordance with the Secretarys or such delegated States responsibilities under this chapter; or (II) the lessee or its designee has in writing denied the Secretarys or the applicable delegated States written request to produce such records in the lessees or its designees possession or control necessary for an audit, investigation or other inquiry made in accordance with the Secretarys or such delegated States 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 Secretarys or the applicable delegated States responsibilities under this chapter after the Secretarys or delegated States 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) 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 Secretarys or the delegated States 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 (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 (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) 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 (f) Records required for determining collections Records required pursuant to section 1713 of this title (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 lessees or its designees immediate appeal of an order to the Secretary or the Secretarys designee. The Secretary shall issue a final decision in any administrative proceeding, including any administrative proceedings pending on August 13, 1996 August 13, 1996 (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. ( Pub. L. 97451, title I,  115 Pub. L. 104185,  4(a) Aug. 13, 1996 110 Stat. 1704 Pub. L. 104200,  1(2) Sept. 22, 1996 110 Stat. 2421  Editorial Notes Codification Pub. L. 104185,  4(a) Pub. L. 97451 Pub. L. 97451 Amendments 1996Subsec. ( l Pub. L. 104200 Statutory Notes and Related Subsidiaries Effective Date Section applicable with respect to production of oil and gas after the first day of the month following Aug. 13, 1996 section 11 of Pub. L. 104185 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. 104185 section 1701 of this title  1725. Assessments  Beginning eighteen months after August 13, 1996 ( Pub. L. 97451, title I,  116 Pub. L. 104185,  6(f)(1) Aug. 13, 1996 110 Stat. 1714  Editorial Notes Codification Pub. L. 104185,  4(a) Statutory Notes and Related Subsidiaries Effective Date Section applicable with respect to production of oil and gas after the first day of the month following Aug. 13, 1996 section 11 of Pub. L. 104185 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. 104185 section 1701 of this title  1726. Alternatives for marginal properties (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) or regulatory relief under subsection (c). 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 (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), 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 August 13, 1996 (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), a lessee or its designee who makes a prepayment under this section shall have satisfied in full the lessees 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 Provided ( Pub. L. 97451, title I,  117 Pub. L. 104185,  7(a) Aug. 13, 1996 110 Stat. 1715 Pub. L. 104200,  1(7) Sept. 22, 1996 110 Stat. 2421  Editorial Notes Codification Pub. L. 104185,  4(a) Amendments 1996Subsec. (b)(1)(C). Pub. L. 104200,  1(7) Statutory Notes and Related Subsidiaries Effective Date Section applicable with respect to production of oil and gas after the first day of the month following Aug. 13, 1996 section 11 of Pub. L. 104185 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. 104185 section 1701 of this title  1727. Royalties on all extracted methane (a) In general For all leases issued after August 16, 2022 (b) Exception Subsection (a) shall not apply with respect to (1) gas vented or flared for not longer than 48 hours in an emergency situation that poses a danger to human health, safety, or the environment; (2) gas used or consumed within the area of the lease, unit, or communitized area for the benefit of the lease, unit, or communitized area; or (3) gas that is unavoidably lost. ( Pub. L. 117169, title V,  50263 Aug. 16, 2022 136 Stat. 2058  Editorial Notes Codification Section was enacted as part of Pub L. 117169, and not as part of the Federal Oil and Gas Royalty Management Act of 1982 which comprises this chapter. SUBCHAPTER II STATES AND INDIAN TRIBES  1731. Application of subchapter  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. ( Pub. L. 97451, title II,  201 Jan. 12, 1983 96 Stat. 2457  1731a. Application of subchapter to leases of lands within three miles of seaward boundaries of coastal States  For fiscal year 1990 and each fiscal year thereafter, notwithstanding the provisions of section 1731 of this title section 1337(g) of title 43 section 1337(g) of title 43 ( Pub. L. 101121, title I Oct. 23, 1989 103 Stat. 711  Editorial Notes 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. Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in Pub. L. 100446, title I Sept. 27, 1988 102 Stat. 1791  1732. Cooperative agreements (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 (b) Access to royalty accounting information Except as provided in section 1733 of this title (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 (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. ( Pub. L. 97451, title II,  202 Jan. 12, 1983 96 Stat. 2457  Editorial Notes Codification In subsec. (c), chapter 63 of title 31 substituted for the Federal Grant and Cooperative Agreement Act of 1977 on authority of Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 Statutory Notes and Related Subsidiaries Applicability Pub. L. 104185,  8(a) Aug. 13, 1996 110 Stat. 1717 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  1733. Information (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 (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 ( Pub. L. 97451, title II,  203 Jan. 12, 1983 96 Stat. 2458  1734. State suits under Federal law (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) 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) 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. ( Pub. L. 97451, title II,  204 Jan. 12, 1983 96 Stat. 2458  1735. Delegation of royalty collections and related activities (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 States proposal After notice and opportunity for hearing, the Secretary shall issue a ruling as to the consistency of a States proposal with the provisions of this section and regulations under subsection (d) 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 (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) 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 1 section 191(b) of this title section 191(b) of this title section 191(b) of this title (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 ( Pub. L. 97451, title II,  205 Jan. 12, 1983 96 Stat. 2459 Pub. L. 104185,  3(a) Aug. 13, 1996 110 Stat. 1702  Editorial Notes Codification August 13, 1996 Pub. L. 104185 August 13, 1996 Pub. L. 104185 Amendments 1996 Pub. L. 104185 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104185 Aug. 13, 1996 section 11 of Pub. L. 104185 section 1701 of this title Applicability of 1996 Amendment Amendment by Pub. L. 104185 Pub. L. 104185 section 1701 of this title  1736. Shared civil penalties  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 section 1735 of this title ( Pub. L. 97451, title II,  206 Jan. 12, 1983 96 Stat. 2460 Pub. L. 11376, div. G, title I,  121 Jan. 17, 2014 128 Stat. 314  Editorial Notes Amendments 2014 Pub. L. 11376 section 1732 of this title section 1735 of this title SUBCHAPTER III GENERAL PROVISIONS  1751. Secretarial authority (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 (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. ( Pub. L. 97451, title III,  301 Jan. 12, 1983 96 Stat. 2460  1752. Reports  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. ( Pub. L. 97451, title III,  302 Jan. 12, 1983 96 Stat. 2461 Pub. L. 103437,  11(a)(2) Nov. 2, 1994 108 Stat. 4589 Pub. L. 105362, title IX,  901(j)(1) Nov. 10, 1998 112 Stat. 3290  Editorial Notes Amendments 1998 Pub. L. 105362 1994Subsec. (a). Pub. L. 103437 Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Study of the Adequacy of Royalty Management for Minerals on Federal and Indian Lands Pub. L. 97451, title III,  303 Jan. 12, 1983 96 Stat. 2461 Jan. 12, 1983  1753. Relation to other laws (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. ( Pub. L. 97451, title III,  304 Jan. 12, 1983 96 Stat. 2461 Pub. L. 105362, title IX,  901(j)(2) Nov. 10, 1998 112 Stat. 3290  Editorial Notes Amendments 1998Subsec. (c). Pub. L. 105362 section 1752(b) of this title  1754. Funding  Effective October 1, 1983 Provided ( Pub. L. 97451, title III,  306 Jan. 12, 1983 96 Stat. 2462  1755. Statute of limitations  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. ( Pub. L. 97451, title III,  307 Jan. 12, 1983 96 Stat. 2462  Statutory Notes and Related Subsidiaries 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. 104185 section 1732 of this title  1756. Expanded royalty obligations  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. ( Pub. L. 97451, title III,  308 Jan. 12, 1983 96 Stat. 2462  1757. Severability  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. ( Pub. L. 97451, title III,  309 Jan. 12, 1983 96 Stat. 2462  1758. Use of royalty-in-kind revenue by Minerals Management Service  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. ( Pub. L. 10954, title I Aug. 2, 2005 119 Stat. 512  Editorial Notes  References in Text MMS, referred to in text, means the Minerals Management Service. 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. Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in the following prior appropriation acts: Pub. L. 108447, div. E, title I Dec. 8, 2004 118 Stat. 3053 Pub. L. 108108, title I Nov. 10, 2003 117 Stat. 1255 Pub. L. 1087, div. F, title I Feb. 20, 2003 117 Stat. 229 Pub. L. 10763, title I Nov. 5, 2001 115 Stat. 428 Pub. L. 106291, title I Oct. 11, 2000 114 Stat. 932 Executive Documents  Transfer of Functions The Minerals Management Service was abolished and functions divided among the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010 June 18, 2010  1759. Fees and charges  In fiscal year 2009 and each fiscal year thereafter, fees and charges authorized by section 9701 of title 31 ( Pub. L. 1118, div. E, title I Mar. 11, 2009 123 Stat. 711  Editorial Notes Codification Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009, and not as part of the Federal Oil and Gas Royalty Management Act of 1982 which comprises this chapter. Section is based on a proviso in the par. under the headings  Minerals Management Service royalty and offshore minerals management Pub. L. 1118 CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL  1801 to 1811. Repealed. Pub. L. 116260, div. Z, title VII,  7002(n)(1) Dec. 27, 2020 134 Stat. 2576   Section 1801, Pub. L. 98373, title II,  202 July 31, 1984 98 Stat. 1249  Section 1802, Pub. L. 98373, title II,  203 July 31, 1984 98 Stat. 1250  Section 1803, Pub. L. 98373, title II,  204 July 31, 1984 98 Stat. 1250  Section 1804, Pub. L. 98373, title II,  205 July 31, 1984 98 Stat. 1251  Section 1805, Pub. L. 98373, title II,  206 July 31, 1984 98 Stat. 1252  Section 1806, Pub. L. 98373, title II,  207 July 31, 1984 98 Stat. 1252  Section 1807, Pub. L. 98373, title II,  208 July 31, 1984 98 Stat. 1253  Section 1808, Pub. L. 98373, title II,  209 July 31, 1984 98 Stat. 1253  Section 1809, Pub. L. 98373, title II,  210 July 31, 1984 98 Stat. 1253 Pub. L. 100418, title V,  5183 Aug. 23, 1988 102 Stat. 1454  Section 1810, Pub. L. 98373, title II,  211 July 31, 1984 98 Stat. 1254 Pub. L. 100418, title V,  5184 Aug. 23, 1988 102 Stat. 1454  Section 1811, Pub. L. 98373, title II,  212 July 31, 1984 98 Stat. 1254 Statutory Notes and Related Subsidiaries Short Title Pub. L. 98373, title II,  201 July 31, 1984 98 Stat. 1248 Pub. L. 98373 Pub. L. 116260, div. Z, title VII,  7002(n)(1) Dec. 27, 2020 134 Stat. 2576 CHAPTER 31 MARINE MINERAL RESOURCES RESEARCH    Sec.  1901. Definitions.  1902. Research program.  1903. Grants, contracts, and cooperative agreements.  1904. Marine mineral research centers.  1905. Authorization of appropriations.  1901. Definitions 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. ( Pub. L. 91631, title II,  201 Pub. L. 104325,  2(3) Oct. 19, 1996 110 Stat. 3994 Pub. L. 106193,  4 May 2, 2000 114 Stat. 236  Editorial Notes Amendments 2000Par. (6)(G), (H). Pub. L. 106193,  4(1) Pars. (7), (8). Pub. L. 106193,  4(2) Statutory Notes and Related Subsidiaries Short Title Pub. L. 104325,  1 Oct. 19, 1996 110 Stat. 3994 This Act [enacting this chapter] may be cited as the Marine Mineral Resources Research Act of 1996.  1902. Research program (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. ( Pub. L. 91631, title II,  202 Pub. L. 104325,  2(3) Oct. 19, 1996 110 Stat. 3995  Statutory Notes and Related Subsidiaries Methane Hydrate Research and Development Pub. L. 106193 May 2, 2000 114 Stat. 234 Pub. L. 10958, title IX,  968 Aug. 8, 2005 119 Stat. 894  1903. Grants, contracts, and cooperative agreements (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 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) 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 Secretarys 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. ( Pub. L. 91631, title II,  203 Pub. L. 104325,  2(3) Oct. 19, 1996 110 Stat. 3995  Editorial Notes Codification October 19, 1996 Pub. L. 104135  1904. Marine mineral research centers (a) In general No later than 90 days after October 19, 1996 (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 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), 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). ( Pub. L. 91631, title II,  204 Pub. L. 104325,  2(3) Oct. 19, 1996 110 Stat. 3998  1905. Authorization of appropriations  There is authorized to be appropriated such sums as are necessary to carry out this chapter. ( Pub. L. 91631, title II,  205 Pub. L. 104325,  2(3) Oct. 19, 1996 110 Stat. 3999 CHAPTER 32 METHANE HYDRATE RESEARCH AND DEVELOPMENT    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.  Editorial Notes Codification This chapter is comprised of Pub. L. 106193 Pub. L. 10958, title IX,  968(a) Aug. 8, 2005 119 Stat. 894 section 1902 of this title  2001. Findings 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 StalemateA Bipartisan Strategy to Meet Americas 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. ( Pub. L. 106193,  2 Pub. L. 10958, title IX,  968(a) Aug. 8, 2005 119 Stat. 894  Editorial Notes Prior Provisions A prior section 2 of Pub. L. 106193 section 1902 of this title Pub. L. 106193 Pub. L. 10958 Statutory Notes and Related Subsidiaries Short Title Pub. L. 106193,  1 Pub. L. 10958, title IX,  968(a) Aug. 8, 2005 119 Stat. 894 This Act [enacting this chapter] may be cited as the Methane Hydrate Research and Development Act of 2000. Reclassification Pub. L. 10958, title IX,  968(b) Aug. 8, 2005 119 Stat. 898 The Law Revision Counsel shall reclassify the Methane Hydrate Research and Development Act of 2000 ( 30 U.S.C. 1902 Public Law 106193  2002. Definitions 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. ( Pub. L. 106193,  3 Pub. L. 10958, title IX,  968(a) Aug. 8, 2005 119 Stat. 895  Editorial Notes Prior Provisions A prior section 3 of Pub. L. 106193 section 1902 of this title Pub. L. 106193 Pub. L. 10958 Executive Documents  Transfer of Functions The Minerals Management Service was abolished and functions divided among the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010 June 18, 2010  2003. Methane hydrate research and development program (a) In general (1) Commencement of program Not later than 90 days after August 8, 2005 (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 (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 (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. ( Pub. L. 106193,  4 Pub. L. 10958, title IX,  968(a) Aug. 8, 2005 119 Stat. 895  Editorial Notes Prior Provisions A prior section 4 of Pub. L. 106193 section 1902 of this title Pub. L. 106193 Pub. L. 10958  2004. National Research Council study (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 ( Pub. L. 106193,  5 Pub. L. 10958, title IX,  968(a) Aug. 8, 2005 119 Stat. 898  Editorial Notes Prior Provisions A prior section 5 of Pub. L. 106193 section 1902 of this title Pub. L. 106193 Pub. L. 10958  2005. Reports and studies for Congress  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. ( Pub. L. 106193,  6 Pub. L. 10958, title IX,  968(a) Aug. 8, 2005 119 Stat. 898  Editorial Notes Prior Provisions A prior section 6 of Pub. L. 106193 section 1902 of this title Pub. L. 106193 Pub. L. 10958 Statutory Notes and Related Subsidiaries  Change of Name Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007 Jan. 5, 2011  2006. Authorization of appropriations 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. ( Pub. L. 106193,  7 Pub. L. 10958, title IX,  968(a) Aug. 8, 2005 119 Stat. 898  Editorial Notes Prior Provisions A prior section 7 of Pub. L. 106193 section 1902 of this title Pub. L. 106193 Pub. L. 10958