dreamproit/uscode huggingface dataset:
30 U.S.C. § 956 (MINERAL LANDS AND MINING)
§ 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. 91–173, title V, § 507, Dec. 30, 1969, 83 Stat. 803.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.
30 U.S.C. § 957 (MINERAL LANDS AND MINING)
§ 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. 91–173, title V, § 508, Dec. 30, 1969, 83 Stat. 803; Pub. L. 103–296, title I, § 108(i)(5), Aug. 15, 1994, 108 Stat. 1488.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.
heading: Amendments
text: 1994—Pub. L. 103–296 substituted “Secretary of Health and Human Services, the Commissioner of Social Security” for “Secretary of Health, Education, and Welfare”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare.
30 U.S.C. § 958 (MINERAL LANDS AND MINING)
§ 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. 96–470, title I, § 106(f), Oct. 19, 1980, 94 Stat. 2238.
(Pub. L. 91–173, title V, § 511, Dec. 30, 1969, 83 Stat. 803; Pub. L. 95–164, title III, § 303(f), Nov. 9, 1977, 91 Stat. 1321; Pub. L. 96–470, title I, § 106(f), Oct. 19, 1980, 94 Stat. 2238.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.
heading: Amendments
text: 1980—Subsec. (b). Pub. L. 96–470 struck out subsec. (b) which provided that within 120 days following the convening of each session of Congress, the Secretary of Health, Education, and Welfare submit through the President to the Congress and to the Office of Science and Technology an annual report on health matters covered by this chapter.
1977—Subsecs. (a), (b). Pub. L. 95–164 inserted references to mines other than coal mines.
heading: Effective Date of 1977 Amendment
text: Amendment by Pub. L. 95–164 effective 120 days after Nov. 9, 1977, except as otherwise provided, see section 307 of Pub. L. 95–164, set out as a note under section 801 of this title.
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions in subsec. (a) of this section relating to requirement to submit annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 124 of House Document No. 103–7.
heading: Transfer of Functions
text: Functions vested by law in Office of Science and Technology and in Director or Deputy Director of Office of Science and Technology transferred to Director of National Science Foundation, and Office of Science and Technology, including offices of Director and Deputy Director, provided for by sections 1 and 2 of Reorg. Plan No. 2 of 1962, eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, was abolished by sections 2 and 3(a)(5) of Reorg. Plan No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, set out in the Appendix to Title 5, Government Organization and Employees.
30 U.S.C. § 959 (MINERAL LANDS AND MINING)
§ 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. 91–173, title V, § 512, Dec. 30, 1969, 83 Stat. 804; Pub. L. 95–164, title III, § 303(g), Nov. 9, 1977, 91 Stat. 1321.)
heading: Amendments
text: 1977—Subsec. (a). Pub. L. 95–164 inserted reference to mines other than coal mines.
heading: Effective Date of 1977 Amendment
text: Amendment by Pub. L. 95–164 effective 120 days after Nov. 9, 1977, except as otherwise provided, see section 307 of Pub. L. 95–164, set out as a note under section 801 of this title.
30 U.S.C. § 960 (MINERAL LANDS AND MINING)
§ 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. 91–173, title V, § 513, Dec. 30, 1969, 83 Stat. 804.)
30 U.S.C. § 963 (MINERAL LANDS AND MINING)
§ 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. 91–173, title V, § 514, as added Pub. L. 109–236, § 11, June 15, 2006, 120 Stat. 501.)
30 U.S.C. § 965 (MINERAL LANDS AND MINING)
§ 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 to provide for the funding of education and training programs to better identify, avoid, and prevent unsafe working conditions in and around mines.
(c) Eligibility
To be eligible to receive a grant under this section, an entity shall—
(1) be a public or private nonprofit entity; and
(2) submit to the Secretary of Labor an application at such time, in such manner, and containing such information as the Secretary may require.
(d) Use of funds
Amounts received under a grant under this section shall be used to establish and implement education and training programs, or to develop training materials for employers and miners, concerning safety and health topics in mines, as determined appropriate by the Mine Safety and Health Administration.
(e) Awarding of grants
(1) Annual basis
Grants under this section shall be awarded on an annual basis.
(2) Special emphasis
In awarding grants under this section, the Secretary of Labor shall give special emphasis to programs and materials that target workers in smaller mines, including training miners and employers about new Mine Safety and Health Administration standards, high risk activities, or hazards identified by such Administration.
(3) Priority
In awarding grants under this section, the Secretary of Labor shall give priority to the funding of pilot and demonstration projects that the Secretary determines will provide opportunities for broad applicability for mine safety.
(f) Evaluation
The Secretary of Labor shall use not less than 1 percent of the funds made available to carry out this section in a fiscal year to conduct evaluations of the projects funded under grants under this section.
(g) Authorization of appropriations
There are authorized to be appropriated for each fiscal year, such sums as may be necessary to carry out this section.
(Pub. L. 109–236, § 14, June 15, 2006, 120 Stat. 504.)
heading: Codification
text: 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.
30 U.S.C. § 1002 (MINERAL LANDS AND MINING)
§ 1002. Lands subject to geothermal leasing
Subject to the provisions of section 1014 of this title, the Secretary of the Interior may issue leases for the development and utilization of geothermal resources (1) in lands administered by him, including public, withdrawn, and acquired lands, (2) in any national forest or other lands administered by the Department of Agriculture through the Forest Service, including public, withdrawn, and acquired lands, and (3) in lands which have been conveyed by the United States subject to a reservation to the United States of the geothermal resources therein.
(Pub. L. 91–581, § 3, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 109–58, title II, § 236(1), (6), Aug. 8, 2005, 119 Stat. 671, 672.)
heading: Amendments
text: 2005—Pub. L. 109–58 inserted section catchline and substituted “geothermal resources” for “geothermal steam and associated geothermal resources” in two places in text.
30 U.S.C. § 1002a (MINERAL LANDS AND MINING)
§ 1002a. Repealed. Pub. L. 97–214, § 7(16), July 12, 1982, 96 Stat. 174
text: Section, Pub. L. 95–356, title VIII, § 803(a), (b), Sept. 8, 1978, 92 Stat. 585; Pub. L. 96–125, title VIII, § 802(2), Nov. 26, 1979, 93 Stat. 948; Pub. L. 97–99, title IX, § 908, Dec. 23, 1981, 95 Stat. 1385, related to development of geothermal energy sources on military lands, contracts for provision and operation of production facilities and energy purchases, and terms, conditions and prerequisites of such contracts. See sections 2917 and 2922a of Title 10, Armed Forces.
text: Pub. L. 95–356, title VIII, § 803(c), Sept. 8, 1978, 92 Stat. 585, which provided that this section take effect Oct. 1, 1978, was repealed by Pub. L. 97–214, § 7(16), July 12, 1982, 96 Stat. 174.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of Title 10, Armed Forces.
30 U.S.C. § 1006 (MINERAL LANDS AND MINING)
§ 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. 91–581, § 7, Dec. 24, 1970, 84 Stat. 1569; Pub. L. 109–58, title II, § 235, Aug. 8, 2005, 119 Stat. 671.)
heading: Amendments
text: 2005—Pub. L. 109–58 inserted section catchline, substituted “5,120 acres” for “two thousand five hundred and sixty acres” and “51,200 acres” for “twenty thousand four hundred and eighty acres” in text, and struck out second par. which read as follows: “At any time after fifteen years from December 24, 1970, the Secretary, after public hearings, may increase this maximum holding in any one State by regulation, not to exceed fifty-one thousand two hundred acres.”
30 U.S.C. § 1007 (MINERAL LANDS AND MINING)
§ 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 under this chapter shall provide for such readjustment. The Secretary shall give notice of any proposed readjustment of rentals and royalties, and, unless the lessee files with the Secretary objection to the proposed rentals and royalties or relinquishes the lease within thirty days after receipt of such notice, the lessee shall conclusively be deemed to have agreed with such terms and conditions. If the lessee files objections, and no agreement can be reached between the Secretary and the lessee within a period of not less than sixty days, the lease may be terminated by either party.
(c) Surface use, protection, or restoration of lands withdrawn or acquired for Federal agency; notice; approval of agency
Any readjustment of the terms and conditions as to use, protection, or restoration of the surface of any lease of lands withdrawn or acquired in aid of a function of a Federal department or agency other than the Department of the Interior may be made only upon notice to, and with the approval of, such department or agency.
(Pub. L. 91–581, § 8, Dec. 24, 1970, 84 Stat. 1569; Pub. L. 109–58, title II, §§ 229, 236(8), Aug. 8, 2005, 119 Stat. 668, 672.)
heading: Amendments
text: 2005—Pub. L. 109–58, § 236(8), inserted section catchline.
Subsec. (b). Pub. L. 109–58, § 229, substituted “period” for “period, and in no event shall the royalty payable exceed 22½ per centum” in second sentence.
30 U.S.C. § 1008 (MINERAL LANDS AND MINING)
§ 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. 91–581, § 9, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109–58, title II, § 236(9), Aug. 8, 2005, 119 Stat. 672.)
heading: Amendments
text: 2005—Pub. L. 109–58 inserted section catchline.
30 U.S.C. § 1009 (MINERAL LANDS AND MINING)
§ 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. 91–581, § 10, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109–58, title II, § 236(10), Aug. 8, 2005, 119 Stat. 672.)
heading: Amendments
text: 2005—Pub. L. 109–58 inserted section catchline.
30 U.S.C. § 1010 (MINERAL LANDS AND MINING)
§ 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. 91–581, § 11, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109–58, title II, § 236(11), Aug. 8, 2005, 119 Stat. 672.)
heading: Amendments
text: 2005—Pub. L. 109–58 inserted section catchline.
30 U.S.C. § 1011 (MINERAL LANDS AND MINING)
§ 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 Secretary’s decision after such hearing if the Secretary shall find that a violation exists.
(Pub. L. 91–581, § 12, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109–58, title II, § 236(12), Aug. 8, 2005, 119 Stat. 672.)
heading: Amendments
text: 2005—Pub. L. 109–58 inserted section catchline.
30 U.S.C. § 1012 (MINERAL LANDS AND MINING)
§ 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. 91–581, § 13, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109–58, title II, § 236(13), Aug. 8, 2005, 119 Stat. 672.)
heading: Amendments
text: 2005—Pub. L. 109–58 inserted section catchline.
30 U.S.C. § 1013 (MINERAL LANDS AND MINING)
§ 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. 91–581, § 14, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 109–58, title II, § 236(14), Aug. 8, 2005, 119 Stat. 672.)
heading: Amendments
text: 2005—Pub. L. 109–58 inserted section catchline.