-CITE- 30 USC CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION -HEAD- CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION -MISC1- SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY Sec. 1201. Congressional findings. 1202. Statement of purpose. SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 1211. Office of Surface Mining Reclamation and Enforcement. (a) Establishment. (b) Appointment, compensation, duties, etc., of Director; employees. (c) Duties of Secretary. (d) Restriction on use of Federal coal mine health and safety inspectors. (e) Repealed. (f) Conflict of interest; penalties; rules and regulations; report to Congress. (g) Petition for issuance, amendment, or repeal of rule; filing; hearing or investigation; notice of denial. SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES 1221. Authorization of State allotments to institutes. 1222. Research funds to institutes. (a) Authorization of appropriations. (b) Application for funds; contents. (c) Research facilities; selection of institutes; designation of funds for scholarships and fellowships. (d) Requirements for receipt of funds. (e) Restriction on application of funds. 1223. Funding criteria. 1224. Duties of Secretary. (a) Consulting with other agencies; prescribing rules and regulations; furnishing advice and assistance; coordinating research. (b) Annual ascertainment of compliance. 1225. Effect on colleges and universities. 1226. Research. (a) Coordination with existing programs; availability of information to public. (b) Effect on Federal agencies. (c) Availability of results to public. (d) Authorization of appropriations. 1227. Center for cataloging. 1228. Interagency cooperation. 1229. Committee on Mining and Mineral Resources Research. (a) Appointment; composition. (b) Consultation and recommendations. (c) Compensation, travel, subsistence and related expenses. (d) Chairmanship of Committee. (e) National plan for research. (f) Application of Federal Advisory Committee Act. 1230. Eligibility criteria. 1230a. Strategic Resources Generic Mineral Technology Center. (a) Establishment. (b) Functions. (c) Criteria. (d) Authorization of appropriations. SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS 1231. Abandoned Mine Reclamation Fund. (a) Establishment; administration; State funds. (b) Sources of deposits to fund. (c) Use of moneys. (d) Moneys available upon appropriation; no fiscal year limitation. (e) Interest. 1232. Reclamation fee. (a) Payment; rate. (b) Due date. (c) Submission of statement. (d) Penalty. (e) Civil action to recover fee. (f) Cooperation from other agencies. (g) Allocation of funds. (h) Transfer of funds to Combined Fund. 1233. Objectives of fund. (a) Priorities. (b) Utilities and other facilities. (c) Inventory. 1234. Eligible lands and water. 1235. State reclamation program. (a) Promulgation of regulations. (b) Submission of State Reclamation Plan and annual projects. (c) Restriction. (d) Approval of State program; withdrawal. (e) Contents of State Reclamation Plan. (f) Annual application for support; contents. (g) Costs. (h) Grant of funds. (i) Program monitorship. (j) Annual report to Secretary. (k) Eligible lands of Indian tribes. (l) State liability. 1236. Reclamation of rural lands. (a) Agreements with landowners for conservation treatment. (b) Conservation and development plans. (c) Agreement to effect plan. (d) Financial and other assistance; determination by Secretary. (e) Termination of agreements. (f) Preservation and surrender of history and allotments. (g) Rules and regulations. (h) Utilization of Soil Conservation Service. 1237. Acquisition and reclamation of land adversely affected by past coal mining practices. (a) Findings of fact; notice; right of entry. (b) Studies or exploratory work. (c) Requirements for acquisition of affected land. (d) Title to affected land; value. (e) State participation; grants. (f) Rules and regulations. (g) Public sale; notice and hearing. (h) Construction or rehabilitation of housing for disabled, displaced, or dislocated persons; grants. 1238. Liens. (a) Filing of statement and appraisal. (b) Petition. (c) Recordation. 1239. Filling voids and sealing tunnels. (a) Congressional declaration of hazardous conditions. (b) Limitation on funds. (c) Limitation on expenditures. (d) Disposal of mine wastes. (e) Land acquisition. 1240. Emergency powers. 1240a. Certification. (a) Certification of completion of coal reclamation. (b) Eligible lands, waters, and facilities. (c) Priorities. (d) Specific sites and areas not eligible. (e) Utilities and other facilities. (f) Public facilities related to coal or minerals industry. (g) Application of other provisions. 1241. Omitted. 1242. Powers of Secretary or State. (a) Engage in work, promulgate rules and regulations, etc., to implement and administer this subchapter. (b) Engage in cooperative projects. (c) Request for action to restrain interference with regard to this subchapter. (d) Construct and operate plants for control and treatment of water pollution resulting from mine drainage. (e) Transfer funds. 1243. Interagency cooperation. SUBCHAPTER V - CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING 1251. Environmental protection standards. 1251a. Abandoned coal refuse sites. 1252. Initial regulatory procedures. (a) State regulation. (b) Interim standards. (c) Full compliance with environmental protection performance standards. (d) Permit application. (e) Federal enforcement program. (f) Interim period. 1253. State programs. (a) Regulation of surface coal mining and reclamation operations; submittal to Secretary; time limit; demonstration of effectiveness. (b) Approval of program. (c) Notice of disapproval. (d) Inability of State to take action. 1254. Federal programs. (a) Promulgation and implementation by Secretary for State. (b) Federal enforcement of State program. (c) Notice and hearing. (d) Review of permits. (e) Submission of State program after implementation of Federal program. (f) Validity of Federal program permits under superseding State program. (g) Preemption of State statutes or regulations. (h) Coordination of issuance and review of Federal program permits with any other Federal or State permit process. 1255. State laws. 1256. Permits. (a) Persons engaged in surface coal mining within State; time limit; exception. (b) Term. (c) Termination. (d) Renewal. 1257. Application requirements. (a) Fee. (b) Submittal; contents. (c) Assistance to small coal operators. (d) Reclamation plan. (e) Public inspection. (f) Insurance certificate. (g) Blasting plan. (h) Reimbursement of costs. 1258. Reclamation plan requirements. 1259. Performance bonds. (a) Filing with regulatory authority; scope; number and amount. (b) Liability period; execution. (c) Bond of applicant without separate surety; alternate system. (d) Deposit of cash or securities. (e) Adjustments. 1260. Permit approval or denial. (a) Basis for decision; notification of applicant and local government officials; burden of proof. (b) Requirements for approval. (c) Schedule of violations. (d) Prime farmland mining permit. (e) Modification of prohibition. 1261. Revision of permits. (a) Application and revised reclamation plan; requirements; extensions to area covered. (b) Transfer, assignment, or sale of rights under permit. (c) Review of outstanding permits. 1262. Coal exploration permits. (a) Regulations; contents. (b) Confidential information. (c) Penalties. (d) Limitation on removal of coal. (e) Law governing exploration of Federal lands. 1263. Public notice and public hearings. (a) Submittal of advertisement to regulatory authority; notification of local governmental bodies. (b) Objections to permit applications; informal conference; record. (c) Prior Federal coal lease hearing as evidence. 1264. Decisions of regulatory authority and appeals. (a) Issuance of findings within 60 days after informal conference. (b) Decision without informal conference; notification within a reasonable time. (c) Request for rehearing on reasons for final determination; time; issuance of decision. (d) Temporary relief. (e) Power of regulatory authority with respect to rehearing. (f) Right to appeal in accordance with section 1276 of this title. 1265. Environmental protection performance standards. (a) Permit requirement. (b) General standards. (c) Procedures; exception to original contour restoration requirements. (d) Steep-slope surface coal mining standards. (e) Variances to original contour restoration requirements. (f) Standards and criteria for coal mine waste piles. 1266. Surface effects of underground coal mining operations. (a) Rules and regulations. (b) Permit requirements. (c) Suspension of underground coal mining operations in urbanized areas. (d) Applicability of this subchapter to surface operations and surface impacts incident to underground coal mining operations. 1267. Inspections and monitoring. (a) Inspections of surface coal mining and reclamation operations. (b) Records and reports; monitoring systems; evaluation of results. (c) Inspection intervals. (d) Maintenance of sign. (e) Violations. (f) Availability of information to public. (g) Conflict of interest; penalty; publication of regulations; report to Congress. (h) Review; procedures for inspections. 1268. Penalties. (a) Civil penalties for violations of permit conditions and provisions of this subchapter. (b) Hearing. (c) Notice of violation; action required of violator; waiver of legal rights. (d) Civil action to recover civil penalties. (e) Willful violations. (f) Corporate violations. (g) False statements, representations, or certifications. (h) Failure to correct violation. (i) Effect on additional enforcement right or procedure available under State law. 1269. Release of performance bonds or deposits. (a) Filing of request; submittal of copy of advertisement; notification by letter of intent to seek release. (b) Inspection and evaluation; notification of decision. (c) Requirements for release. (d) Notice of disapproval. (e) Notice to municipality. (f) Objections to release; hearing. (g) Informal conference. (h) Power of regulatory authority with respect to informal conference. 1270. Citizens suits. (a) Civil action to compel compliance with this chapter. (b) Limitation on bringing of action. (c) Venue; intervention. (d) Costs; filing of bonds. (e) Effect on other enforcement methods. (f) Action for damages. 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. (b) Inadequate State enforcement; notice and hearing. (c) Civil action for relief. (d) Sanctions; effect on additional enforcement rights under State law. 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. (b) Review of Federal lands. (c) Petition; intervention; decision. (d) Statement. (e) Prohibition on certain Federal public and private surface coal mining operations. 1273. Federal lands. (a) Promulgation and implementation of Federal lands program. (b) Incorporation of requirements into any lease, permit, or contract issued by Secretary which may involve surface coal mining and reclamation operations. (c) State cooperative agreements. (d) Development of program to assure no unreasonable denial to any class of coal purchasers. 1274. Public agencies, public utilities, and public corporations. 1275. Review by Secretary. (a) Application for review of order or notice; investigation; hearing; notice. (b) Findings of fact; issuance of decision. (c) Temporary relief; issuance of order or decision granting or denying relief. (d) Notice and hearing with respect to section 1271 order to show cause. (e) Costs. 1276. Judicial review. (a) Review by United States District Court; venue; filing of petition; time. (b) Evidence; conclusiveness of findings; orders. (c) Temporary relief; prerequisites. (d) Stay of action, order, or decision of Secretary. (e) Action of State regulatory authority. 1277. Special bituminous coal mines. (a) Issuance of separate regulations; criteria. (b) New bituminous coal surface mines. (c) Scope of alternative regulations. 1278. Surface mining operations not subject to this chapter. 1279. Anthracite coal mines. SUBCHAPTER VI - DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING 1281. Designation procedures. (a) Review of Federal land areas for unsuitability for noncoal mining. (b) Criteria considered in determining designations. (c) Petition for exclusion; contents; hearing; temporary land withdrawal. (d) Limitation on designations; rights preservation; regulations. (e) Statement. (f) Area withdrawal. (g) Right to appeal. SUBCHAPTER VII - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS 1291. Definitions. 1292. Other Federal laws. (a) Construction of chapter as superseding, amending, modifying, or repealing certain laws. (b) Effect on authority of Secretary or heads of other Federal agencies. (c) Cooperation. (d) Major Federal action. 1293. Employee protection. (a) Retaliatory practices prohibited. (b) Review by Secretary; investigation; notice; hearing; findings of fact; judicial review. (c) Costs. 1294. Penalty. 1295. Grants to States. (a) Assisting any State in development, administration, and enforcement of State programs under this chapter. (b) Assisting any State in development, administration, and enforcement of its State programs. (c) Increases in annual grants. 1296. Annual report to President and Congress. 1297. Separability. 1298. Alaskan surface coal mine study. (a) Contract with National Academy of Sciences-National Academy of Engineering. (b) Report to President and Congress. (c) Draft of legislation. (d) Modification of applicability of environmental protection provisions of this chapter to surface coal mining operations in Alaska; publication in Federal Register; hearing. (e) Interim regulations. (f) Authorization of appropriations. 1299. Study of reclamation standards for surface mining of other minerals. (a) Contract with National Academy of Sciences-National Academy of Engineering; requirements. (b) Submittal of study with legislative recommendation to President and Congress. (c) Authorization of appropriations. 1300. Indian lands. (a) Study of regulation of surface mining; consultation with tribe; proposed legislation. (b) Submittal of study to Congress. (c) Compliance with interim environmental protection standards of this chapter. (d) Compliance with permanent environmental protection standards of this chapter. (e) Inclusion and enforcement of terms and conditions of leases. (f) Approval of changes in terms and conditions of leases. (g) Participation of tribes. (h) Jurisdictional status. (i) Grants. 1301. Environmental practices. 1302. Authorization of appropriations. 1303. Coordination of regulatory and inspection activities. 1304. Surface owner protection. (a) Applicability. (b) Lease of coal deposits governed by section 201 of this title. (c) Consent to lease by surface owner. (d) Preferences. (e) "Surface owner" defined. (f) Exception. (g) Effect on property rights of United States or any other landowner. 1305. Federal lessee protection. 1306. Effect on rights of owner of coal in Alaska to conduct surface mining operations. 1307. Water rights and replacement. 1308. Advance appropriations. 1309. Certification and training of blasters. 1309a. Subsidence. (a) Requirements. (b) Regulations. 1309b. Research. SUBCHAPTER VIII - UNIVERSITY COAL RESEARCH LABORATORIES 1311. Establishment of university coal research laboratories. (a) Designation by Secretary of Energy. (b) Criteria. (c) Location of coal laboratories. (d) Period for submission of applications for designation; contents. (e) Time limit. 1312. Financial assistance. 1313. Limitation on payments. 1314. Payments; Federal share of operating expenses. 1315. Advisory Council on Coal Research. (a) Establishment; members. (b) Furnishing advice to Secretary of Energy. (c) Annual report to President; transmittal to Congress. (d) Compensation and travel expenses. (e) Alternate members. 1316. Authorization of appropriations. 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. (b) Term. (c) Replacement 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. (a) Authority of Secretary of the Interior to conduct, promote, etc. (b) Contracts and grants. (c) Authorization of appropriations. (d) Publication in Federal Register; report to Congress. (e) Availability of information to public. -End- -CITE- 30 USC SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY -HEAD- SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY -End- -CITE- 30 USC Sec. 1201 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY -HEAD- Sec. 1201. Congressional findings -STATUTE- The Congress finds and declares that - (a) extraction of coal and other minerals from the earth can be accomplished by various methods of mining, including surface mining; (b) coal mining operations presently contribute significantly to the Nation's energy requirements; surface coal mining constitutes one method of extraction of the resource; the overwhelming percentage of the Nation's coal reserves can only be extracted by underground mining methods, and it is, therefore, essential to the national interest to insure the existence of an expanding and economically healthy underground coal mining industry; (c) many surface mining operations result in disturbances of surface areas that burden and adversely affect commerce and the public welfare by destroying or diminishing the utility of land for commercial, industrial, residential, recreational, agricultural, and forestry purposes, by causing erosion and landslides, by contributing to floods, by polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty, by damaging the property of citizens, by creating hazards dangerous to life and property by degrading the quality of life in local communities, and by counteracting governmental programs and efforts to conserve soil, water, and other natural resources; (d) the expansion of coal mining to meet the Nation's energy needs makes even more urgent the establishment of appropriate standards to minimize damage to the environment and to productivity of the soil and to protect the health and safety of the public.(!1) (e) surface mining and reclamation technology are now developed so that effective and reasonable regulation of surface coal mining operations by the States and by the Federal Government in accordance with the requirements of this chapter is an appropriate and necessary means to minimize so far as practicable the adverse social, economic, and environmental effects of such mining operations; (f) because of the diversity in terrain, climate, biologic, chemical, and other physical conditions in areas subject to mining operations, the primary governmental responsibility for developing, authorizing, issuing, and enforcing regulations for surface mining and reclamation operations subject to this chapter should rest with the States; (g) surface mining and reclamation standards are essential in order to insure that competition in interstate commerce among sellers of coal produced in different States will not be used to undermine the ability of the several States to improve and maintain adequate standards on coal mining operations within their borders; (h) there are a substantial number of acres of land throughout major regions of the United States disturbed by surface and underground coal on which little or no reclamation was conducted, and the impacts from these unreclaimed lands impose social and economic costs on residents in nearby and adjoining areas as well as continuing to impair environmental quality; (i) while there is a need to regulate surface mining operations for minerals other than coal, more data and analyses are needed to serve as a basis for effective and reasonable regulation of such operations; (j) surface and underground coal mining operations affect interstate commerce, contribute to the economic well-being, security, and general welfare of the Nation and should be conducted in an environmentally sound manner; and (k) the cooperative effort established by this chapter is necessary to prevent or mitigate adverse environmental effects of present and future surface coal mining operations. -SOURCE- (Pub. L. 95-87, title I, Sec. 101, Aug. 3, 1977, 91 Stat. 447.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in pars. (e), (f), and (k), was in the original "this Act", meaning Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445, as amended, which enacted this chapter and amended section 1114 of Title 18, Crimes and Criminal Procedure. For complete classification of this Act to the Code, see Short Title note set out below and Tables. -MISC1- SHORT TITLE OF 1990 AMENDMENTS Pub. L. 101-508, title VI, Sec. 6001, Nov. 5, 1990, 104 Stat. 1388-289, provided that: "This subtitle [subtitle A (Secs. 6001- 6014) of title VI of Pub. L. 101-508, enacting section 1240a of this title, amending sections 1231 to 1237, 1239, 1257, and 1302 of this title, and enacting provisions set out as notes under section 1231 of this title] may be cited as the 'Abandoned Mine Reclamation Act of 1990'." Pub. L. 101-498, Sec. 1, Nov. 2, 1990, 104 Stat. 1207, provided that: "This Act [enacting section 1230a of this title] may be cited as the 'Strategic and Critical Minerals Act of 1990'." SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-483, Sec. 13, Oct. 12, 1988, 102 Stat. 2341, provided that: "This Act [amending sections 1221, 1222, 1224, 1226, 1229, and 1230 of this title and enacting provisions set out as notes under this section and section 1229 of this title] may be cited as the Mining and Mineral Resources Research Institute Amendments of 1988." SHORT TITLE Section 1 of Pub. L. 95-87 provided: "That this Act [enacting this chapter and amending section 1114 of Title 18, Crimes and Criminal Procedure] may be cited as the 'Surface Mining Control and Reclamation Act of 1977'." Pub. L. 98-409, Sec. 11, as added by Pub. L. 100-483, Sec. 12, Oct. 12, 1988, 102 Stat. 2341; amended by Pub. L. 104-312, Sec. 1(b), Oct. 19, 1996, 110 Stat. 3819, provided that: "This Act [enacting subchapter III of this chapter] may be cited as the 'Mining and Mineral Resources Institutes Act'." -FOOTNOTE- (!1) So in original. The period probably should be a semicolon. -End- -CITE- 30 USC Sec. 1202 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER I - STATEMENT OF FINDINGS AND POLICY -HEAD- Sec. 1202. Statement of purpose -STATUTE- It is the purpose of this chapter to - (a) establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations; (b) assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances thereto are fully protected from such operations; (c) assure that surface mining operations are not conducted where reclamation as required by this chapter is not feasible; (d) assure that surface coal mining operations are so conducted as to protect the environment; (e) assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations; (f) assure that the coal supply essential to the Nation's energy requirements, and to its economic and social well-being is provided and strike a balance between protection of the environment and agricultural productivity and the Nation's need for coal as an essential source of energy; (g) assist the States in developing and implementing a program to achieve the purposes of this chapter; (h) promote the reclamation of mined areas left without adequate reclamation prior to August 3, 1977, and which continue, in their unreclaimed condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public; (i) assure that appropriate procedures are provided for the public participation in the development, revision, and enforcement of regulations, standards, reclamation plans, or programs established by the Secretary or any State under this chapter; (j) provide a means for development of the data and analyses necessary to establish effective and reasonable regulation of surface mining operations for other minerals; (k) encourage the full utilization of coal resources through the development and application of underground extraction technologies; (l) stimulate, sponsor, provide for and/or supplement present programs for the conduct of research investigations, experiments, and demonstrations, in the exploration, extraction, processing, development, and production of minerals and the training of mineral engineers and scientists in the field of mining, minerals resources, and technology, and the establishment of an appropriate research and training center in various States; and (m) wherever necessary, exercise the full reach of Federal constitutional powers to insure the protection of the public interest through effective control of surface coal mining operations. -SOURCE- (Pub. L. 95-87, title I, Sec. 102, Aug. 3, 1977, 91 Stat. 448.) -End- -CITE- 30 USC SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT -HEAD- SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT -End- -CITE- 30 USC Sec. 1211 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER II - OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT -HEAD- Sec. 1211. Office of Surface Mining Reclamation and Enforcement -STATUTE- (a) Establishment There is established in the Department of the Interior, the Office of Surface Mining Reclamation and Enforcement (hereinafter referred to as the "Office"). (b) Appointment, compensation, duties, etc., of Director; employees The Office shall have a Director who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate provided for level V of the Executive Schedule under section 5315 (!1) of title 5, and such other employees as may be required. Pursuant to section 5108 of title 5, and after consultation with the Secretary, the Director of the Office of Personnel Management shall determine the necessary number of positions in general schedule employees in grade 16, 17, and 18 to perform functions of this subchapter and shall allocate such positions to the Secretary. The Director shall have the responsibilities provided under subsection (c) of this section and those duties and responsibilities relating to the functions of the Office which the Secretary may assign, consistent with this chapter. Employees of the Office shall be recruited on the basis of their professional competence and capacity to administer the provisions of this chapter. The Office may use, on a reimbursable basis when appropriate, employees of the Department and other Federal agencies to administer the provisions of this chapter, providing that no legal authority, program, or function in any Federal agency which has as its purpose promoting the development or use of coal or other mineral resources or regulating the health and safety of miners under provisions of the Federal Coal Mine Health and Safety Act of 1969 (83 Stat. 742) [30 U.S.C. 801 et seq.], shall be transferred to the Office. (c) Duties of Secretary The Secretary, acting through the Office, shall - (1) administer the programs for controlling surface coal mining operations which are required by this chapter; review and approve or disapprove State programs for controlling surface coal mining operations and reclaiming abandoned mined lands; make those investigations and inspections necessary to insure compliance with this chapter; conduct hearings, administer oaths, issue subpenas, and compel the attendance of witnesses and production of written or printed material as provided for in this chapter; issue cease-and-desist orders; review and vacate or modify or approve orders and decisions; and order the suspension, revocation, or withholding of any permit for failure to comply with any of the provisions of this chapter or any rules and regulations adopted pursuant thereto; (2) publish and promulgate such rules and regulations as may be necessary to carry out the purposes and provisions of this chapter; (3) administer the State grant-in-aid program for the development of State programs for surface and mining and reclamation operations provided for in subchapter V of this chapter; (4) administer the program for the purchase and reclamation of abandoned and unreclaimed mined areas pursuant to subchapter IV of this chapter; (5) administer the surface mining and reclamation research and demonstration project authority provided for in this chapter; (6) consult with other agencies of the Federal Government having expertise in the control and reclamation of surface mining operations and assist States, local governments, and other eligible agencies in the coordination of such programs; (7) maintain a continuing study of surface mining and reclamation operations in the United States; (8) develop and maintain an Information and Data Center on Surface Coal Mining, Reclamation, and Surface Impacts of Underground Mining, which will make such data available to the public and the Federal, regional, State, and local agencies conducting or concerned with land use planning and agencies concerned with surface and underground mining and reclamation operations; (9) assist the States in the development of State programs for surface coal mining and reclamation operations which meet the requirements of this chapter, and at the same time, reflect local requirements and local environmental and agricultural conditions; (10) assist the States in developing objective scientific criteria and appropriate procedures and institutions for determining those areas of a State to be designated unsuitable for all or certain types of surface coal mining pursuant to section 1272 of this title; (11) monitor all Federal and State research programs dealing with coal extraction and use and recommend to Congress the research and demonstration projects and necessary changes in public policy which are designated to (A) improve feasibility of underground coal mining, and (B) improve surface mining and reclamation techniques directed at eliminating adverse environmental and social impacts; (12) cooperate with other Federal agencies and State regulatory authorities to minimize duplication of inspections, enforcement, and administration of this chapter; and (13) perform such other duties as may be provided by law and relate to the purposes of this chapter. (d) Restriction on use of Federal coal mine health and safety inspectors The Director shall not use either permanently or temporarily any person charged with responsibility of inspecting coal mines under the Federal Coal Mine Health and Safety Act of 1969 [30 U.S.C. 801 et seq.], unless he finds and publishes such finding in the Federal Register, that such activities would not interfere with such inspections under the 1969 Act. (e) Repealed. Pub. L. 96-511, Sec. 4(b), Dec. 11, 1980, 94 Stat. 2826 (f) Conflict of interest; penalties; rules and regulations; report to Congress No employee of the Office or any other Federal employee performing any function or duty under this chapter shall have a direct or indirect financial interest in underground or surface coal mining operations. Whoever knowingly violates the provisions of the above sentence shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment for not more than one year, or both. The Director shall (1) within sixty days after August 3, 1977, publish regulations, in accordance with section 553 of title 5, to establish the methods by which the provisions of this subsection will be monitored and enforced, including appropriate provisions for the filing by such employees and the review of statements and supplements thereto concerning their financial interests which may be affected by this subsection, and (2) report to the Congress as part of the annual report (section 1296 of this title) on the actions taken and not taken during the preceding calendar year under this subsection. (g) Petition for issuance, amendment, or repeal of rule; filing; hearing or investigation; notice of denial (1) After the Secretary has adopted the regulations required by section 1251 of this title, any person may petition the Director to initiate a proceeding for the issuance, amendment, or repeal of a rule under this chapter. (2) Such petitions shall be filed in the principal office of the Director and shall set forth the facts which it is claimed established that it is necessary to issue, amend, or repeal a rule under this chapter. (3) The Director may hold a public hearing or may conduct such investigation or proceeding as the Director deems appropriate in order to determine whether or not such petition should be granted. (4) Within ninety days after filing of a petition described in paragraph (1), the Director shall either grant or deny the petition. If the Director grants such petition, the Director shall promptly commence an appropriate proceeding in accordance with the provisions of this chapter. If the Director denies such petition, the Director shall so notify the petitioner in writing setting forth the reasons for such denial. -SOURCE- (Pub. L. 95-87, title II, Sec. 201, Aug. 3, 1977, 91 Stat. 449; Pub. L. 95-240, title I, Sec. 100, Mar. 7, 1978, 92 Stat. 109; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96-511, Sec. 4(b), Dec. 11, 1980, 94 Stat. 2826.) -REFTEXT- REFERENCES IN TEXT The Federal Coal Mine Health and Safety Act of 1969, referred to in subsecs. (b) and (d), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as amended, which was redesignated the Federal Mine Safety and Health Act of 1977 by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91 Stat. 1290, and is classified principally to chapter 22 (Sec. 801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. -MISC1- AMENDMENTS 1980 - Subsec. (e). Pub. L. 96-511 struck subsec. (e) which provided for consideration of Office of Surface Mining Reclamation and Enforcement as an independent Federal regulatory agency. See section 3502(10) of Title 44, Public Printing and Documents. 1978 - Subsec. (b). Pub. L. 95-240 substituted "V" for "IV". EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-511 effective Apr. 1, 1981, see section 5 of Pub. L. 96-511, set out as a note under section 2904 of Title 44, Public Printing and Documents. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (f) of this section relating to requirement to report to Congress on actions taken and not taken under subsec. (f), see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 109 of House Document No. 103-7. -TRANS- TRANSFER OF FUNCTIONS "The Director of the Office of Personnel Management" substituted for "a majority of members of the Civil Service Commission" in subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in the United States Civil Service Commission to the Director of the Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. -MISC2- REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. TRAVEL AND PER DIEM EXPENSES Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1793, provided: "That notwithstanding any other provisions of law, appropriations for the Office of Surface Mining Reclamation and Enforcement may, hereafter, provide for the travel and per diem expenses of State and tribal personnel attending OSMRE sponsored training". Similar provisions were contained in the following appropriations acts: Pub. L. 109-54, title I, Aug. 2, 2005, 119 Stat. 512. Pub. L. 108-447, div. E, title I, Dec. 8, 2004, 118 Stat. 3054. Pub. L. 108-108, title I, Nov. 10, 2003, 117 Stat. 1256. Pub. L. 108-7, div. F, title I, Feb. 20, 2003, 117 Stat. 230. Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 429. Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 933. Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A-147. Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681-231, 2681-244. Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1553. Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009-181, 3009-191. Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996, 110 Stat. 1321-156, 1321-168; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2510. Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1389. Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1387. Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1002. Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1927. Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 712. -FOOTNOTE- (!1) So in original. Probably should be section "5316". -End- -CITE- 30 USC SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES -HEAD- SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES -COD- CODIFICATION Subchapter was not enacted as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. -End- -CITE- 30 USC Sec. 1221 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES -HEAD- Sec. 1221. Authorization of State allotments to institutes -STATUTE- (a)(1) There are authorized to be appropriated to the Secretary of the Interior (hereafter in this subchapter referred to as the "Secretary") funds adequate to provide for each participating State $400,000 for each of the fiscal years ending September 30, 1990, through September 30, 1994, to assist the States in carrying on the work of a competent and qualified mining and mineral resources research institute or center (hereafter in this subchapter referred to as the "institute") at one public college or university in the State which meets the eligibility criteria established in section 1230 of this title. (2)(A) Funds appropriated under this section shall be made available for grants to be matched on a basis of no less than 2 non- Federal dollars for each Federal dollar. (B) If there is more than one such eligible college or university in a State, funds appropriated under this subchapter shall, in the absence of a designation to the contrary by act of the legislature of the State, be granted to one such college or university designated by the Governor of the State. (C) Where a State does not have a public college or university eligible under section 1230 of this title, the Committee on Mining and Mineral Resources Research established in section 1229 of this title (hereafter in this subchapter referred to as the "Committee") may allocate the State's allotment to one private college or university which it determines to be eligible under such section. (b) It shall be the duty of each institute to plan and conduct, or arrange for a component or components of the college or university with which it is affiliated to conduct research, investigations, demonstrations, and experiments of either, or both, a basic or practical nature in relation to mining and mineral resources, and to provide for the training of mineral engineers and scientists through such research, investigations, demonstrations, and experiments. The subject of such research, investigation, demonstration, experiment, and training may include exploration; extraction; processing; development; production of fuel and nonfuel mineral resources; mining and mineral technology; supply and demand for minerals; conservation and best use of available supplies of minerals; the economic, legal, social, engineering, recreational, biological, geographic, ecological, and other aspects of mining, mineral resources, and mineral reclamation. Such research, investigation, demonstration, experiment and training shall consider the interrelationship with the natural environment, the varying conditions and needs of the respective States, and mining and mineral resources research projects being conducted by agencies of the Federal and State governments and other institutes. -SOURCE- (Pub. L. 98-409, Sec. 1, Aug. 29, 1984, 98 Stat. 1536; Pub. L. 100- 483, Secs. 2-4, Oct. 12, 1988, 102 Stat. 2339.) -COD- CODIFICATION Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. -MISC1- PRIOR PROVISIONS A prior section 1221, Pub. L. 95-87, title III, Sec. 301, Aug. 3, 1977, 91 Stat. 451, contained provisions similar to this section covering fiscal years 1978 through 1984. AMENDMENTS 1988 - Subsec. (a)(1). Pub. L. 100-483, Sec. 2, substituted "$400,000 for each of the fiscal years ending September 30, 1990, through September 30, 1994" for "$300,000 for the fiscal year ending September 30, 1985, and $400,000 to each participating State for each fiscal year thereafter for a total of five years". Subsec. (a)(2)(A). Pub. L. 100-483, Sec. 3, amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "Funds appropriated under this section shall be made available for grants to be matched on a basis of no less than one and one-half non- Federal dollars for each Federal dollar during the fiscal years ending September 30, 1985, and September 30, 1986, and no less than two non-Federal dollars for each Federal dollar during the fiscal years ending September 30, 1987, September 30, 1988, and September 30, 1989." Subsec. (b). Pub. L. 100-483, Sec. 4, substituted "production of fuel and nonfuel mineral resources" for "production of mineral resources". SHORT TITLE For short title of Pub. L. 98-409, which enacted this subchapter, as the Mining and Mineral Resources Institutes Act, see section 11 of Pub. L. 98-409, as amended, set out as a note under section 1201 of this title. -End- -CITE- 30 USC Sec. 1222 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES -HEAD- Sec. 1222. Research funds to institutes -STATUTE- (a) Authorization of appropriations There is authorized to be appropriated to the Secretary not more than $15,000,000 for each of the fiscal years ending September 30, 1990, through September 30, 1994, which shall remain available until expended. Such funds when appropriated shall be made available to an institute or to institutes participating in a generic mineral technology center to meet the necessary expenses for purposes of - (1) specific mineral research and demonstration projects of broad application, which could not otherwise be undertaken, including the expenses of planning and coordinating regional mining and mineral resources research projects by two or more institutes; and (2) research into any aspects of mining and mineral resources problems related to the mission of the Department of the Interior, which are deemed by the Committee to be desirable and are not otherwise being studied. There is authorized to be appropriated to the Secretary not more than $1,800,000 for each of the fiscal years after fiscal year 1996 to be made available by the Secretary to an institute or institutes experienced in investigating the continental shelf regions of the United States, the deep seabed and near shore environments of islands, and the Arctic and cold water regions as a source for nonfuel minerals. Such funds are to be used by the institute or institutes to assist in developing domestic technological capabilities required for the location of, and the efficient and environmentally sound recovery of, minerals (other than oil and gas) from the Nation's shallow and deep seabed. (b) Application for funds; contents Each application for funds under subsection (a) of this section shall state, among other things, the nature of the project to be undertaken; the period during which it will be pursued; the qualifications of the personnel who will direct and conduct it; the estimated costs; the importance of the project to the Nation, region, or State concerned; its relation to other known research projects theretofore pursued or being pursued; the extent to which the proposed project will provide opportunity for the training of mining and mineral engineers and scientists; and the extent of participation by nongovernmental sources in the project. (c) Research facilities; selection of institutes; designation of funds for scholarships and fellowships The Committee shall review all such funding applications and recommend to the Secretary the use of the institutes, insofar as practicable, to perform special research. Recommendations shall be made without regard to the race, religion, or sex of the personnel who will conduct and direct the research, and on the basis of the facilities available in relation to the particular needs of the research project; special geographic, geologic, or climatic conditions within the immediate vicinity of the institute; any other special requirements of the research project; and the extent to which such project will provide an opportunity for training individuals as mineral engineers and scientists. The Committee shall recommend to the Secretary the designation and utilization of such portions of the funds authorized to be appropriated by this section as it deems appropriate for the purpose of providing scholarships, graduate fellowships, and postdoctoral fellowships. (d) Requirements for receipt of funds No funds shall be made available under subsection (a) of this section except for a project approved by the Secretary and all funds shall be made available upon the basis of merit of the project, the need for the knowledge which it is expected to produce when completed, and the opportunity it provides for the training of individuals as mineral engineers and scientists. (e) Restriction on application of funds No funds made available under this section shall be applied to the acquisition by purchase or lease of any land or interests therein, or the rental, purchase, construction, preservation, or repair of any building. -SOURCE- (Pub. L. 98-409, Sec. 2, Aug. 29, 1984, 98 Stat. 1537; Pub. L. 100- 483, Sec. 5, Oct. 12, 1988, 102 Stat. 2339; Pub. L. 104-312, Sec. 1(a), Oct. 19, 1996, 110 Stat. 3819.) -COD- CODIFICATION Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. -MISC1- PRIOR PROVISIONS A prior section 1222, Pub. L. 95-87, title III, Sec. 302, Aug. 3, 1977, 91 Stat. 452, contained provisions similar to this section covering fiscal years 1978 through 1984. AMENDMENTS 1996 - Subsec. (a). Pub. L. 104-312 inserted at end "There is authorized to be appropriated to the Secretary not more than $1,800,000 for each of the fiscal years after fiscal year 1996 to be made available by the Secretary to an institute or institutes experienced in investigating the continental shelf regions of the United States, the deep seabed and near shore environments of islands, and the Arctic and cold water regions as a source for nonfuel minerals. Such funds are to be used by the institute or institutes to assist in developing domestic technological capabilities required for the location of, and the efficient and environmentally sound recovery of, minerals (other than oil and gas) from the Nation's shallow and deep seabed." 1988 - Subsec. (a). Pub. L. 100-483, in introductory provisions, substituted "not more than $15,000,000 for each of the fiscal years ending September 30, 1990, through September 30, 1994" for "$10,000,000 for the fiscal year ending September 30, 1985. This amount shall be increased by $1,000,000 for each fiscal year thereafter for four additional years" and "an institute or to institutes participating in a generic mineral technology center" for "institutes". -End- -CITE- 30 USC Sec. 1223 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES -HEAD- Sec. 1223. Funding criteria -STATUTE- (a) Funds available to institutes under sections 1221 and 1222 of this title shall be paid at such times and in such amounts during each fiscal year as determined by the Secretary, and upon vouchers approved by him. Each institute shall - (1) set forth its plan to provide for the training of individuals as mineral engineers and scientists under a curriculum appropriate to the field of mineral resources and mineral engineering and related fields; (2) set forth policies and procedures which assure that Federal funds made available under this subchapter for any fiscal year will supplement and, to the extent practicable, increase the level of funds that would, in the absence of such Federal funds, be made available for purposes of this subchapter, and in no case supplant such funds; and (3) have an officer appointed by its governing authority who shall receive and account for all funds paid under the provisions of this subchapter and shall make an annual report to the Secretary on or before the first day of September of each year, on work accomplished and the status of projects underway, together with a detailed statement of the amounts received under any provisions of this subchapter during the preceding fiscal year, and of its disbursements on schedules prescribed by the Secretary. If any of the funds received by the authorized receiving officer of any institute under the provisions of this subchapter shall by any action or contingency be found by the Secretary to have been improperly diminished, lost, or misapplied, such funds shall be replaced by the State concerned and until so replaced no subsequent appropriation shall be allotted or paid to any institute of such State. (b) The institutes are authorized and encouraged to plan and conduct programs under this subchapter in cooperation with each other and with such other agencies and individuals as may contribute to the solution of the mining and mineral resources problems involved. Moneys appropriated pursuant to this subchapter shall be available for paying the necessary expenses of planning, coordinating, and conducting such cooperative research. -SOURCE- (Pub. L. 98-409, Sec. 3, Aug. 29, 1984, 98 Stat. 1538.) -COD- CODIFICATION Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. -MISC1- PRIOR PROVISIONS A prior section 1223, Pub. L. 95-87, title III, Sec. 303, Aug. 3, 1977, 91 Stat. 453, contained provisions similar to this section covering fiscal years 1978 through 1984. -End- -CITE- 30 USC Sec. 1224 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES -HEAD- Sec. 1224. Duties of Secretary -STATUTE- (a) Consulting with other agencies; prescribing rules and regulations; furnishing advice and assistance; coordinating research The Secretary, acting through the Director of the United States Bureau of Mines, shall administer this subchapter and, after full consultation with other interested Federal agencies, shall prescribe such rules and regulations as may be necessary to carry out its provisions. The Secretary shall furnish such advice and assistance as will best promote the purposes of this subchapter, shall participate in coordinating research initiated under this subchapter by the institutes, shall indicate to them such lines of inquiry that seem most important, and shall encourage and assist in the establishment and maintenance of cooperation by and between the institutes and between them and other research organizations, the United States Department of the Interior, and other Federal establishments. (b) Annual ascertainment of compliance On or before the first day of July in each year beginning after August 29, 1984, the Secretary shall ascertain whether the requirements of section 1223(a) of this title have been met as to each institute and State. -SOURCE- (Pub. L. 98-409, Sec. 4, Aug. 29, 1984, 98 Stat. 1538; Pub. L. 100- 483, Sec. 6, Oct. 12, 1988, 102 Stat. 2340; Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.) -COD- CODIFICATION Subsec. (c) of this section, which required the Secretary to make an annual report to Congress on the receipts, expenditures, and work of the institutes in all States under the provisions of this subchapter, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 109 of House Document No. 103-7. Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. -MISC1- PRIOR PROVISIONS A prior section 1224, Pub. L. 95-87, title III, Sec. 304, Aug. 3, 1977, 91 Stat. 454, contained provisions similar to this section covering fiscal years 1978 through 1984. AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-483 inserted ", acting through the Director of the Bureau of Mines," after "The Secretary". -CHANGE- CHANGE OF NAME "United States Bureau of Mines" substituted for "Bureau of Mines" in subsec. (a) pursuant to section 10(b) of Pub. L. 102-285, set out as a note under section 1 of this title. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this title. -End- -CITE- 30 USC Sec. 1225 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES -HEAD- Sec. 1225. Effect on colleges and universities -STATUTE- Nothing in this subchapter shall be construed to impair or modify the legal relationship existing between any of the colleges or universities under whose direction an institute is established and the government of the State in which it is located, and nothing in this subchapter shall in any way be construed to authorize Federal control or direction of education at any college or university. -SOURCE- (Pub. L. 98-409, Sec. 5, Aug. 29, 1984, 98 Stat. 1539.) -COD- CODIFICATION Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. -MISC1- PRIOR PROVISIONS A prior section 1225, Pub. L. 95-87, title III, Sec. 305, Aug. 3, 1977, 91 Stat. 454, contained provisions similar to this section covering fiscal years 1978 through 1984. -End- -CITE- 30 USC Sec. 1226 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES -HEAD- Sec. 1226. Research -STATUTE- (a) Coordination with existing programs; availability of information to public The Secretary shall obtain the continuing advice and cooperation of all agencies of the Federal Government concerned with mining and mineral resources, of State and local governments, and of private institutions and individuals to assure that the programs authorized by this subchapter will supplement and not be redundant with respect to established mining and minerals research programs, and to stimulate research in otherwise neglected areas, and to contribute to a comprehensive nationwide program of mining and minerals research, with due regard for the protection and conservation of the environment. The Secretary shall make generally available information and reports on projects completed, in progress, or planned under the provisions of this subchapter, in addition to any direct publication of information by the institutes themselves. (b) Effect on Federal agencies Nothing in this subchapter is intended to give or shall be construed as giving the Secretary any authority over mining and mineral resources research conducted by any agency of the Federal Government, or as repealing or diminishing existing authorities or responsibilities of any agency of the Federal Government to plan and conduct, contract for, or assist in research in its area of responsibility and concern with regard to mining and mineral resources. (c) Availability of results to public No research, demonstration, or experiment shall be carried out under this subchapter by an institute financed by grants under this subchapter, unless all uses, products, processes, patents, and other developments resulting therefrom, with such exception or limitation, if any, as the Secretary may find necessary in the public interest, are made available promptly to the general public. Patentable inventions shall be governed by the provisions of Public Law 96-517. Nothing contained in this section shall deprive the owner of any background patent relating to any such activities of any rights which that owner may have under that patent. (d) Authorization of appropriations (1) There is authorized to be appropriated to the Secretary $450,000 for each of the fiscal years ending September 30, 1990, through September 30, 1994, to administer this subchapter. No funds may be withheld by the Secretary for administrative expenses from those authorized to be appropriated by sections 1221 and 1222 of this title. (2) There are authorized to be appropriated to the Secretary such sums as are necessary for the printing and publishing of the results of activities carried out by institutes and generic mineral technology centers under this subchapter, but such appropriations shall not exceed $550,000 in any single fiscal year. -SOURCE- (Pub. L. 98-409, Sec. 6, Aug. 29, 1984, 98 Stat. 1539; Pub. L. 100- 483, Sec. 7, Oct. 12, 1988, 102 Stat. 2340.) -REFTEXT- REFERENCES IN TEXT Public Law 96-517, referred to in subsec. (c), is Pub. L. 96-517, Dec. 12, 1980, 94 Stat. 3015. Section 6(a) of Pub. L. 96-517, relating to patent rights in inventions made with Federal assistance, is classified to chapter 18 (Sec. 200 et seq.) of Title 35, Patents. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. -MISC1- PRIOR PROVISIONS A prior section 1226, Pub. L. 95-87, title III, Sec. 306, Aug. 3, 1977, 91 Stat. 454, contained provisions similar to this section covering fiscal years 1978 through 1984. AMENDMENTS 1988 - Subsec. (d). Pub. L. 100-483 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "There are authorized to be appropriated after September 30, 1984, such sums as are necessary for the printing and publishing of the results of activities carried out by institutes under this subchapter and for administrative planning and direction, but such appropriations shall not exceed $1,000,000 in any single fiscal year." -End- -CITE- 30 USC Sec. 1227 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES -HEAD- Sec. 1227. Center for cataloging -STATUTE- The Secretary shall establish a center for cataloging current and projected scientific research in all fields of mining and mineral resources. Each Federal agency doing mining and mineral resources research shall cooperate by providing the cataloging center with information on work underway or scheduled by it. The cataloging center shall classify and maintain for public use a catalog of mining and mineral resources research and investigation projects in progress or scheduled by all Federal agencies and by such non- Federal agencies of government, colleges, universities, private institutions, firms, and individuals as may make such information available. -SOURCE- (Pub. L. 98-409, Sec. 7, Aug. 29, 1984, 98 Stat. 1540.) -COD- CODIFICATION Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. -MISC1- PRIOR PROVISIONS A prior section 1227, Pub. L. 95-87, title III, Sec. 307, Aug. 3, 1977, 91 Stat. 455, contained provisions similar to this section covering fiscal years 1978 through 1984. -End- -CITE- 30 USC Sec. 1228 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES -HEAD- Sec. 1228. Interagency cooperation -STATUTE- The President shall, by such means as he deems appropriate, clarify agency responsibility for Federal mining and mineral resources research and provide for interagency coordination of such research, including the research authorized by this subchapter. Such coordination shall include - (1) continuing review of the adequacy of the Government-wide program in mining and mineral resources research; (2) identification and elimination of duplication and overlap between agency programs; (3) identification of technical needs in various mining and mineral resources research categories; (4) recommendations with respect to allocation of technical effort among Federal agencies; (5) review of technical manpower needs, and findings concerning management policies to improve the quality of the Government-wide research effort; and (6) actions to facilitate interagency communication at management levels. -SOURCE- (Pub. L. 98-409, Sec. 8, Aug. 29, 1984, 98 Stat. 1540.) -COD- CODIFICATION Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. -MISC1- PRIOR PROVISIONS A prior section 1228, Pub. L. 95-87, title III, Sec. 308, Aug. 3, 1977, 91 Stat. 455, contained provisions similar to this section covering fiscal years 1978 through 1984. -End- -CITE- 30 USC Sec. 1229 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES -HEAD- Sec. 1229. Committee on Mining and Mineral Resources Research -STATUTE- (a) Appointment; composition The Secretary shall appoint a Committee on Mining and Mineral Resources Research composed of - (1) the Assistant Secretary of the Interior responsible for minerals and mining research, or his delegate; (2) the Director, United States Bureau of Mines, or his delegate; (3) the Director, United States Geological Survey, or his delegate; (4) the Director of the National Science Foundation, or his delegate; (5) the President, National Academy of Sciences, or his delegate; (6) the President, National Academy of Engineering, or his delegate; and (7) not more than 7 other persons who are knowledgeable in the fields of mining and mineral resources research, including two university administrators involved in the conduct of programs authorized by this subchapter, 3 representatives from the mining industry, a working miner, and a representative from the conservation community. In making these 7 appointments, the Secretary shall consult with interested groups. (b) Consultation and recommendations The Committee shall consult with, and make recommendations to, the Secretary on all matters relating to mining and mineral resources research and the determinations that are required to be made under this subchapter. The Secretary shall consult with, and consider recommendations of, such Committee in such matters. (c) Compensation, travel, subsistence and related expenses Committee members, other than officers or employees of Federal, State, or local governments, shall be, for each day (including traveltime) during which they are performing Committee business, paid at a rate fixed by the Secretary but not (!1) excess of the daily equivalent of the maximum rate of pay for grade GS-18 of the General Schedule under section 5332 of title 5, and shall be fully reimbursed for travel, subsistence, and related expenses. (d) Chairmanship of Committee The Committee shall be jointly chaired by the Assistant Secretary of the Interior responsible for minerals and mining and a person to be elected by the Committee from among the members referred to in paragraphs (5), (6), and (7) of subsection (a) of this section. (e) National plan for research The Committee shall develop a national plan for research in mining and mineral resources, considering ongoing efforts in the universities, the Federal Government, and the private sector, and shall formulate and recommend a program to implement the plan utilizing resources provided for under this subchapter. The Committee shall submit such plan to the Secretary, the President, and the Congress on or before March 1, 1986, and shall submit an annual update of such plan by January 15 of each calendar year. (f) Application of Federal Advisory Committee Act Section 10 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. -SOURCE- (Pub. L. 98-409, Sec. 9, Aug. 29, 1984, 98 Stat. 1540; Pub. L. 100- 483, Secs. 8, 9, Oct. 12, 1988, 102 Stat. 2340; Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.) -REFTEXT- REFERENCES IN TEXT Section 10 of the Federal Advisory Committee Act, referred to in subsec. (f), is section 10 of Pub. L. 92-463, which is set out in the Appendix to Title 5, Government Organization and Employees. -COD- CODIFICATION Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. -MISC1- PRIOR PROVISIONS A prior section 1229, Pub. L. 95-87, title III, Sec. 309, Aug. 3, 1977, 91 Stat. 455, contained provisions similar to this section covering fiscal years 1978 through 1984. AMENDMENTS 1988 - Subsec. (a)(7). Pub. L. 100-483, Sec. 8, substituted "7 other persons" for "six other persons", "this subchapter, 3" for "section 301 of the Surface Mining Control and Reclamation Act of 1977, two", and "7 appointments" for "six appointments". Subsec. (e). Pub. L. 100-483, Sec. 9, substituted "submit an annual update of such plan by January 15 of each calendar year" for "update the plan annually thereafter". -CHANGE- CHANGE OF NAME "United States Bureau of Mines" substituted for "Bureau of Mines" in subsec. (a)(2) pursuant to section 10(b) of Pub. L. 102-285, set out as a note under section 1 of this title. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this title. -MISC2- TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (e) of this section relating to the requirement to submit annual updates of the national plan to Congress, see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 157 of House Document No. 103- 7. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. REPORTS Section 11 of Pub. L. 100-483 directed Committee on Mining and Mineral Resources Research to submit a report to Congress by Jan. 15, 1992, on programs established under this subchapter, including reviews of activities of the institutes and generic mineral technology centers established under this subchapter, each institute's and center's eligibility pursuant to section 1230 of this title, and recommendations on establishing new generic mineral technology centers, as well as phasing out or consolidating existing centers, and further directed Committee to submit to Congress, by Jan. 15, 1990, a proposal to establish a Generic Mineral Technology Center on Strategic and Critical Minerals. -FOOTNOTE- (!1) So in original. Probably should be followed by "in". -End- -CITE- 30 USC Sec. 1230 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES -HEAD- Sec. 1230. Eligibility criteria -STATUTE- (a) The Committee shall determine the eligibility of a college or university to participate as a mining and mineral resources research institute under this subchapter using criteria which include - (1) the presence of a substantial program of graduate instruction and research in mining or mineral extraction or closely related fields which has a demonstrated history of achievement; (2) evidence of institutional commitment for the purposes of this subchapter; (3) evidence that such institution has or can obtain significant industrial cooperation in activities within the scope of this subchapter; and (4) the presence of an engineering program in mining or minerals extraction that is accredited by the Accreditation Board for Engineering and Technology, or evidence of equivalent institutional capability as determined by the Committee. (b)(1) Notwithstanding the provisions of subsection (a) of this section, those colleges or universities which, on October 12, 1988, have a mining or mineral resources research institute program which has been found to be eligible pursuant to this subchapter shall continue to be eligible subject to review at least once during the period authorized by the Mining and Mineral Resources Research Institute Amendments of 1988, under the provisions of subsection (a) of this section. The results of such review shall be submitted by January 15, 1992, pursuant to section 11(a)(2) of the Mining and Mineral Resources Research Institute Amendments of 1988. (2) Generic mineral technology centers established by the Secretary under this subchapter are to be composed of institutes eligible pursuant to subsection (a) of this section. Existing generic mineral technology centers shall continue to be eligible under this subchapter subject to at least one review prior to January 15, 1992, pursuant to section 11(a)(3) of the Mining and Mineral Resources Research Institute Amendments of 1988. -SOURCE- (Pub. L. 98-409, Sec. 10, Aug. 29, 1984, 98 Stat. 1541; Pub. L. 100- 483, Sec. 10, Oct. 12, 1988, 102 Stat. 2340.) -REFTEXT- REFERENCES IN TEXT The Mining and Mineral Resources Research Institute Amendments of 1988, referred to in subsec. (b), is Pub. L. 100-483, Oct. 12, 1988, 102 Stat. 2339. Section 11(a)(2) and (3) of the Mining and Mineral Resources Research Institute Amendments of 1988 is set out as a note under section 1229 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 1201 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. -MISC1- AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-483 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Notwithstanding the provisions of subsection (a) of this section, those colleges or universities which, on August 29, 1984, have a mining or mineral resources research institute program which has been found to be eligible pursuant to title III of the Surface Mining Control and Reclamation Act of 1977 (91 Stat. 445) shall continue to be eligible pursuant to this subchapter for a period of four fiscal years beginning October 1, 1984." -End- -CITE- 30 USC Sec. 1230a 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER III - STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES -HEAD- Sec. 1230a. Strategic Resources Generic Mineral Technology Center -STATUTE- (a) Establishment The Secretary of (!1) Interior is authorized and directed to establish a Strategic Resources Mineral Technology Center (hereinafter referred to as the "center") for the purpose of improving existing, and developing new, technologies that will decrease the dependence of the United States on supplies of strategic and critical minerals. (b) Functions The center shall - (1) provide for studies and technology development in the areas of mineral extraction and refining processes, product substitution and conservation of mineral resources through recycling and advanced processing and fabrication methods; (2) identify new deposits of strategic and critical mineral resources; and (3) facilitate the transfer of information, studies, and technologies developed by the center to the private sector. (c) Criteria The Secretary shall establish the center referred to in subsection (a) of this section at a university that - (1) does not currently host a generic mineral technology center; (2) has established advanced degree programs in geology and geological engineering, and metallurgical and mining engineering; (3) has expertise in materials and advanced processing research; and (4) is located west of the 100th meridian. (d) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section. -SOURCE- (Pub. L. 98-409, Sec. 12, as added Pub. L. 101-498, Sec. 2, Nov. 2, 1990, 104 Stat. 1207.) -COD- CODIFICATION Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter. -FOOTNOTE- (!1) So in original. Probably should be "of the". -End- -CITE- 30 USC SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS -HEAD- SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS -End- -CITE- 30 USC Sec. 1231 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS -HEAD- Sec. 1231. Abandoned Mine Reclamation Fund -STATUTE- (a) Establishment; administration; State funds There is created on the books of the Treasury of the United States a trust fund to be known as the Abandoned Mine Reclamation Fund (hereinafter referred to as the "fund") which shall be administered by the Secretary of the Interior. State abandoned mine reclamation funds (State funds) generated by grants from this subchapter shall be established by each State pursuant to an approved State program. (b) Sources of deposits to fund The fund shall consist of amounts deposited in the fund, from time to time derived from - (1) the reclamation fees levied under section 1232 of this title; (2) any user charge imposed on or for land reclaimed pursuant to this subchapter after expenditures for maintenance have been deducted; (3) donations by persons, corporations, associations, and foundations for the purposes of this subchapter; (4) recovered moneys as provided for in this subchapter; and (5) interest credited to the fund under subsection (e) of this section. (c) Use of moneys Moneys in the fund may be used for the following purposes: (1) reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to reclamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment plants; prevention, abatement, and control of burning coal refuse disposal areas and burning coal in situ; prevention, abatement, and control of coal mine subsidence; and establishment of self-sustaining, individual State administered programs to insure private property against damages caused by land subsidence resulting from underground coal mining in those States which have reclamation plans approved in accordance with section 1253 of this title: Provided, That funds used for this purpose shall not exceed $3,000,000 of the funds made available to any State under section 1232(g)(1) of this title; (2) for transfer on an annual basis to the Secretary of Agriculture for use under section 1236 of this title; (3) acquisition and filling of voids and sealing of tunnels, shafts, and entryways under section 1239 of this title; (4) acquisition of land as provided for in this subchapter; (5) enforcement and collection of the reclamation fee provided for in section 1232 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; (7) restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining which constitutes an emergency as provided for in this subchapter; (8) grants to the States to accomplish the purposes of this subchapter; (9) administrative expenses of the United States and each State to accomplish the purposes of this subchapter; (10) for use under section 1240a of this title; (11) for the purpose of section 1257(c) of this title, except that not more than $10,000,000 shall annually be available for such purpose; (12) for the purpose described in section 1232(h) of this title; and (13) all other necessary expenses to accomplish the purposes of this subchapter. (d) Moneys available upon appropriation; no fiscal year limitation Moneys from the fund shall be available for the purposes of this subchapter, only when appropriated therefor, and such appropriations shall be made without fiscal year limitations. (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 the needs of such fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall be credited to, and form a part of, the fund. -SOURCE- (Pub. L. 95-87, title IV, Sec. 401, Aug. 3, 1977, 91 Stat. 456; Pub. L. 98-473, title I, Sec. 101(c) [title III, Sec. 324], Oct. 12, 1984, 98 Stat. 1837, 1875; Pub. L. 101-508, title VI, Sec. 6002, Nov. 5, 1990, 104 Stat. 1388-289; Pub. L. 102-486, title XIX, Sec. 19143(b)(3)(A), title XXV, Sec. 2504(c)(1), Oct. 24, 1992, 106 Stat. 3056, 3105.) -REFTEXT- REFERENCES IN TEXT Section 3501 of the Omnibus Budget Reconciliation Act of 1986, referred to in subsec. (c)(6), is section 3501 of Pub. L. 99-509, which is set out below. -MISC1- AMENDMENTS 1992 - Subsec. (c)(6). Pub. L. 102-486, Sec. 2504(c)(1), substituted "studies, research, and demonstration projects" for "studies" and struck out "to provide information, advice, and technical assistance, including research and demonstration projects" after "private organizations". Subsec. (c)(12), (13). Pub. L. 102-486, Sec. 19143(b)(3)(A), added par. (12) and redesignated former par. (12) as (13). 1990 - Subsec. (b)(1). Pub. L. 101-508, Sec. 6002(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "the reclamation fees levied under section 1232 of this title: Provided, That an amount not to exceed 10 per centum of such reclamation fees collected for any calendar quarter shall be reserved beginning in the first calendar year in which the fee is imposed and continuing for the remainder of that fiscal year and for the period in which such fee is imposed by law, for the purpose of section 1257(c) of this title, subject to appropriation pursuant to authorization under section 1302 of this title: Provided further, That not more than $10,000,000 shall be available for such purposes;". Subsec. (b)(5). Pub. L. 101-508, Sec. 6002(a)(2), added par. (5). Subsec. (c)(1). Pub. L. 101-508, Sec. 6002(b)(1), substituted "section 1232(g)(1)" for "section 1232(g)(2)". Subsec. (c)(2). Pub. L. 101-508, Sec. 6002(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "for use under section 1236 of this title, by the Secretary of Agriculture, of up to one-fifth of the money deposited in the funds annually and transferred by the Secretary of the Interior to the Secretary of Agriculture for such purposes;". Subsec. (c)(6). Pub. L. 101-508, Sec. 6002(b)(3), struck out "by contract" after "Department of the Interior" and inserted "conducted in accordance with section 3501 of the Omnibus Budget Reconciliation Act of 1986" after "projects". Subsec. (c)(10) to (12). Pub. L. 101-508, Sec. 6002(b)(5), added pars. (10) and (11) and redesignated former par. (10) as (12). Subsec. (e). Pub. L. 101-508, Sec. 6002(c), added subsec. (e). 1984 - Subsec. (c)(1). Pub. L. 98-473 inserted at end "and establishment of self-sustaining, individual State administered programs to insure private property against damages caused by land subsidence resulting from underground coal mining in those States which have reclamation plans approved in accordance with section 1253 of this title: Provided, That funds used for this purpose shall not exceed $3,000,000 of the funds made available to any State under section 1232(g)(2) of this title;". EFFECTIVE DATE OF 1990 AMENDMENT Section 6014 of Pub. L. 101-508 provided that: "The amendments made by this subtitle [subtitle A (Secs. 6001-6014) of title VI of Pub. L. 101-508, enacting section 1240a of this title and amending this section and sections 1232 to 1237, 1239, 1257, and 1302 of this title] shall take effect at the beginning of the first fiscal year [Oct. 1, 1991] immediately following the fiscal year in which this subtitle is enacted." SAVINGS PROVISION Section 6013 of Pub. L. 101-508 provided that: "Nothing in this subtitle [subtitle A (Secs. 6001-6014) of title VI of Pub. L. 101- 508, see Short Title of 1990 Amendment note set out under section 1201 of this title] shall be construed to affect the certifications made by the State of Wyoming, the State of Montana, and the State of Louisiana to the Secretary of the Interior prior to the date of enactment of this subtitle [Nov. 5, 1990] that such State has completed the reclamation of eligible abandoned coal mine lands." ABANDONED MINE RECLAMATION FUND; DEPOSIT AND EXPENDITURE OF CERTAIN DONATIONS Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681-231, 2681-245, provided in part: "That hereafter, donations received to support projects under the Appalachian Clean Streams Initiative and under the Western Mine Lands Restoration Partnerships Initiative, pursuant to 30 U.S.C. 1231, shall be credited to this account and remain available until expended without further appropriation for projects sponsored under these initiatives, directly through agreements with other Federal agencies, or through grants to States, and funding to local governments, or tax exempt private entities." ABANDONED MINE RECLAMATION RESEARCH AND DEVELOPMENT Pub. L. 99-509, title III, Sec. 3501, Oct. 21, 1986, 100 Stat. 1891, as amended by Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172, provided that: "After the enactment of this Act, the research and demonstration authorities of the Department of the Interior under the provisions of section 401(c)(6) of the Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87) [30 U.S.C. 1231(c)(6)] shall be transferred to, and carried out by, the Director of the United States Bureau of Mines. Research and demonstration projects under such provision shall be selected by a panel appointed by the Director of the United States Bureau of Mines to be comprised of 9 persons, including 4 representatives of State abandoned mine reclamation programs, 4 representatives of the United States Bureau of Mines, and one representative of the Office of Surface Mining Reclamation and Enforcement." [For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this title.] -End- -CITE- 30 USC Sec. 1232 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 25 - SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER IV - ABANDONED MINE RECLAMATIONS -HEAD- Sec. 1232. Reclamation fee -STATUTE- (a) Payment; rate All operators of coal mining operations subject to the provisions of this chapter shall pay to the Secretary of the Interior, for deposit in the fund, a reclamation fee of 35 cents per ton of coal produced by surface coal mining and 15 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 10 cents per ton, whichever is less. (b) Due date Such fee shall be paid no later than thirty days after the end of each calendar quarter beginning with the first calendar quarter occurring after August 3, 1977, and ending June 30, 2006, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section. (c) Submission of statement Together with such reclamation fee, all operators of coal mine operations shall submit a statement of the amount of coal produced during the calendar quarter, the method of coal removal and the type of coal, the accuracy of which shall be sworn to by the operator and notarized. Such statement shall include an identification of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the preparation plant, tripple,(!1) or loading point for the coal, and the person purchasing the coal from the operator. The report shall also specify the number of the permit required under section 1256 of this title and the mine safety and health identification number. Each quarterly report shall contain a notification of any changes in the information required by this subsection since the date of the preceding quarterly report. The information contained in the quarterly reports under this subsection shall be maintained by the Secretary in a computerized database. (d) Penalty (1) Any person, corporate officer, agent or director, on behalf of a coal mine operator, who knowingly makes any false statement, representation or certification, or knowingly fails to make any statement, representation or certification required in this section shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or both. (2) The Secretary shall conduct such audits of coal production and the payment of fees under this subchapter as may be necessary to ensure full compliance with the provisions of this subchapter. For purposes of performing such audits the Secretary (or any duly designated officer, employee, or representative of the Secretary) shall, at all reasonable times, upon request, have access to, and may copy, all books, papers, and other documents of any person subject to the provisions of this subchapter. The Secretary may at any time conduct audits of any surface coal mining and reclamation operation, including without limitation, tipples and preparation plants, as may be necessary in the judgment of the Secretary to ensure full and complete payment of the fees under this subchapter. (e) Civil action to recover fee Any portion of the reclamation fee not properly or promptly paid pursuant to this section shall be recoverable, with statutory interest, from coal mine operators, in any court of competent jurisdiction in any action at law to compel payment of debts. (f) Cooperation from other agencies All Federal and State agencies shall fully cooperate with the Secretary of the Interior in the enforcement of this section. Whenever the Secretary believes that any person has not paid the full amount of the fee payable under subsection (a) of this section the Secretary shall notify the Federal agency responsible for ensuring compliance with the provisions of section 4121 of title 26. (g) Allocation of funds (1) Except as provided in subsection (h) of this section, moneys deposited into the fund shall be allocated by the Secretary to accomplish the purposes of this subchapter as follows: (A) 50 percent of the reclamation fees collected annually in any State (other than fees collected with respect to Indian lands) shall be allocated annually by the Secretary to the State, subject to such State having each of the following: (i) An approved abandoned mine reclamation program pursuant to section 1235 of this title. (ii) Lands and waters which are eligible pursuant to section 1234 of this title (in the case of a State not certified under section 1240a(a) of this title) or pursuant to section 1240a(b) of this title (in the case of a State certified under section 1240a(a) of this title). (B) 50 percent of the reclamation fees collected annually with respect to Indian lands shall be allocated annually by the Secretary to the Indian tribe having jurisdiction over such lands, subject to such tribe having each of the following: (i) an (!2) approved abandoned mine reclamation program pursuant to section 1235 of this title. (ii) Lands and waters which are eligible pursuant to section 1234 of this title (in the case of an Indian tribe not certified under section 1240a(a) of this title) or pursuant to section 1240a(b) of this title (in the case of a tribe certified under section 1240a(a) of this title). (C) The funds allocated by the Secretary under this paragraph to States and Indian tribes shall only be used for annual reclamation project construction and program administration grants. (D) To the extent not expended within 3 years after the date of any grant award under this paragraph, such grant shall be available for expenditure by the Secretary in any area under paragraph (2), (3), (4), or (5). (2) 20 percent of the amounts available in the fund in any fiscal year which are not allocated under paragraph (1) in that fiscal year (including that interest accruing as provided in section 1231(e) of this title and including funds available for reallocation pursuant to paragraph (1)(D)), shall be allocated to the Secretary only for the purpose of making the annual transfer to the Secretary of Agriculture under section 1231(c)(2) of this title. (3) Amounts available in the fund which are not allocated to States and Indian tribes under paragraph (1) or allocated under paragraphs (2) and (5) are authorized to be expended by the Secretary for any of the following: (A) For the purpose of section 1257(c) of this title, either directly or through grants to the States, subject to the limitation contained in section 1231(c)(11) of this title. (B) For the purpose of section 1240 of this title (relating to emergencies). (C) For the purpose of meeting the objectives of the fund set forth in section 1233(a) of this title for eligible lands and waters pursuant to section 1234 of this title in States and on Indian lands where the State or Indian tribe does not have an approved abandoned mine reclamation program pursuant to section 1235 of this title. (D) For the administration of this subchapter by the Secretary. (4)(A) Amounts available in the fund which are not allocated under paragraphs (1), (2), and (5) or expended under paragraph (3) in any fiscal year are authorized to be expended by the Secretary under this paragraph for the reclamation or drainage abatement of lands and waters within unreclaimed sites which are mined for coal or which were affected by such mining, wastebanks, coal processing or other coal mining processes and left in an inadequate reclamation status. (B) Funds made available under this paragraph may be used for reclamation or drainage abatement at a site referred to in subparagraph (A) if the Secretary makes either of the following findings: (i) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before the date on which the Secretary approved a State program pursuant to section 1253 of this title for a State in which the site is located, and that any funds for reclamation or abatement which are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site. (ii) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before November 5, 1990, and that the surety of such mining operator became insolvent during such period, and as of November 5, 1990, funds immediately available from proceedings relating to such insolvency, or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site. (C) In determining which sites to reclaim pursuant to this paragraph, the Secretary shall follow the priorities stated in paragraphs (1) and (2) of section 1233(a) of this title. The Secretary shall ensure that priority is given to those sites which are in the immediate vicinity of a residential area or which have an adverse economic impact upon a local community. (D) Amounts collected from the assessment of civil penalties under section 1268 of this title are authorized to be appropriated to carry out this paragraph. (E) Any State may expend grants made available under paragraphs (1) and (5) for reclamation and abatement of any site referred to in subparagraph (A) if the State, with the concurrence of the Secretary, makes either of the findings referred to in clause (i) or (ii) of subparagraph (B) and if the State determines that the reclamation priority of the site is the same or more urgent than the reclamation priority for eligible lands and waters pursuant to section 1234 of this title under the priorities stated in paragraphs (1) and (2) of section 1233(a) of this title. (F) For the purposes of the certification referred to in section 1240a(a) of this title, sites referred to in subparagraph (A) of this paragraph shall be considered as having the same priorities as those stated in section 1233(a)