30 USC Minerals collection

TITLE 30—MINERAL LANDS AND MINING

Chap.

1.
2.
3.

3A.
4.

5.
6.
7.
8.
9.
10.
11.
12.
12A.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.

Sec.

United States Bureau of Mines ........
Mineral Lands and Regulations in
General ...............................................
Lands Containing Coal, Oil, Gas,
Salts, Asphaltic Materials, Sodium, Sulphur, and Building
Stone ...................................................
Leases and Prospecting Permits .....
Lease of Gold, Silver, or Quicksilver Deposits When Title Confirmed by Court of Private Land
Claims .................................................
Lease of Oil and Gas Deposits in or
Under Railroads and Other
Rights-of-Way ....................................
Synthetic Liquid Fuel Demonstration Plants [Omitted] ......................
Lease of Mineral Deposits Within
Acquired Lands ................................
Development of Lignite Coal Resources ................................................
Rare and Precious Metals Experiment Station .....................................
Coal Mine Safety [Repealed] ............
Mining Claims on Lands Subject to
Mineral Leasing Laws ....................
Multiple Mineral Development of
the Same Tracts ...............................
Entry and Location on Coal Lands
on Discovery of Source Material
Control of Coal-Mine Fires ...............
Anthracite Mine Drainage and
Flood Control ....................................
Surface Resources ...............................
Mineral Development of Lands
Withdrawn for Power Development ....................................................
Exploration Program for Discovery
of Minerals ........................................
Coal Research and Development ....
Lead and Zinc Stabilization Program [Omitted] .................................
Conveyances to Occupants of Unpatented Mining Claims ................
Metal and Nonmetallic Mine Safety
[Repealed] ..........................................
Mine Safety and Health .....................
Geothermal Resources .......................
Geothermal Energy Research, Development, and Demonstration ...
Surface Mining Control and Reclamation .............................................
Deep Seabed Hard Mineral Resources ................................................
Geothermal Energy ............................
Materials and Minerals Policy, Research, and Development ..............
Page 1

1
21

Chap.

29.
30.
31.
32.

71
181

Sec.

Oil and Gas Royalty Management ..
National Critical Materials Council
Marine Mineral Resources Research .................................................
Methane Hydrate Research and
Development .....................................

1701
1801
1901
2001

CHAPTER 1—UNITED STATES BUREAU OF
MINES
Sec.

291

1.

1a.

301
321

401

2.
3.
4.
4a.
4b.

411
451

4c.

351

501
521
541
551
571
601

4d.
4e.
4f to 4o.
5.
6.
7.
8.
9.
10.

621

11, 12.
13.

641
661

14.

681
701
721
801
1001
1101
1201
1401
1501
1601

15.
16.

United States Bureau of Mines; establishment; director; experts and other employees.
Transfer of activities, employees, records,
etc., from Bureau of Foreign and Domestic
Commerce to the United States Bureau of
Mines.
Performance of duties in absence of director.
Duties of United States Bureau of Mines.
Investigation of lignite coal and peat.
Omitted.
Cooperation with individuals, municipalities,
etc.; contracts with owners; agreements as
to prices.
Investigation of sub-bituminous and lignite
coal.
Plants, machinery, and equipment.
Omitted.
Transferred.
Reports of investigations.
Personal interest of director and members of
Bureau in mines.
Fees for tests or investigations.
Additional mining experiment stations and
mine safety stations authorized.
Acceptance of lands from States.
Headquarters of mine rescue cars; site for
experimental work; leases and donations.
Omitted or Repealed.
Research laboratory for utilization of anthracite coal; establishment and maintenance.
Acquisition of land; cooperation with other
agencies.
Repealed.
Research laboratory for utilization of anthracite coal; establishment of advisory committee; composition; functions; appointment.

§ 1. United States Bureau of Mines; establishment; director; experts and other employees
There is hereby established in the Department
of the Interior a bureau of mining, metallurgy,
and mineral technology, to be designated the
United States Bureau of Mines, and there shall
be a director of said bureau, who shall be thoroughly equipped for the duties of said office by
technical education and experience and who
shall be appointed by the President, by and with
the advice and consent of the Senate; and there

§ 1a

TITLE 30—MINERAL LANDS AND MINING

shall also be in the said bureau such experts and
other employees, to be appointed by the Secretary of the Interior, as may be required to
carry out the purposes of sections 1, 3, and 5 to
7 of this title in accordance with the appropriations made from time to time by Congress for
such purposes.
(May 16, 1910, ch. 240, § 1, 36 Stat. 369; Feb. 25,
1913, ch. 72, § 1, 37 Stat. 681; Ex. Ord. No. 4239,
June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934; Pub.
L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out below.
Section 10(b) of Pub. L. 102–285 provided that: ‘‘The
Bureau of Mines established by the Act of May 16, 1910
(30 U.S.C. 1), is designated as and shall hereafter [on
and after May 18, 1992] be known as the United States
Bureau of Mines.’’
TRANSFER OF FUNCTIONS
For provisions appropriating funds for the closure of
the United States Bureau of Mines and the transfer of
its functions, see Pub. L. 104–99, title I, § 123, Jan. 26,
1996, 110 Stat. 32, and Pub. L. 104–134, title I, § 101(c)
[title I], set out as a note below.
Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996,
110 Stat. 1321–156, 1321–167; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in
part: ‘‘That there hereby are transferred to, and vested
in, the Secretary of Energy: (1) the functions pertaining to the promotion of health and safety in mines and
the mineral industry through research vested by law in
the Secretary of the Interior or the United States Bureau of Mines and performed in fiscal year 1995 by the
United States Bureau of Mines at its Pittsburgh Research Center in Pennsylvania, and at its Spokane Research Center in Washington; (2) the functions pertaining to the conduct of inquiries, technological investigations and research concerning the extraction, processing, use and disposal of mineral substances vested by
law in the Secretary of the Interior or the United
States Bureau of Mines and performed in fiscal year
1995 by the United States Bureau of Mines under the
minerals and materials science programs at its Pittsburgh Research Center in Pennsylvania, and at its Albany Research Center in Oregon; and (3) the functions
pertaining to mineral reclamation industries and the
development of methods for the disposal, control, prevention, and reclamation of mineral waste products
vested by law in the Secretary of the Interior or the
United States Bureau of Mines and performed in fiscal
year 1995 by the United States Bureau of Mines at its
Pittsburgh Research Center in Pennsylvania: Provided
further, That, if any of the same functions were performed in fiscal year 1995 at locations other than those
listed above, such functions shall not be transferred to
the Secretary of Energy from those other locations:
Provided further, That the Director of the Office of Management and Budget, in consultation with the Secretary of Energy and the Secretary of the Interior, is
authorized to make such determinations as may be necessary with regard to the transfer of functions which
relate to or are used by the Department of the Interior,
or component thereof affected by this transfer of functions, and to make such dispositions of personnel, facilities, assets, liabilities, contracts, property, records,
and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising
from, available to or to be made available in connection with, the functions transferred herein as are
deemed necessary to accomplish the purposes of this
transfer: Provided further, That all reductions in personnel complements resulting from the provisions of this
Act [probably means Pub. L. 104–134, title I, § 101(c),

Page 2

Apr. 26, 1996, 110 Stat. 1321–156; renumbered title I, Pub.
L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, known as
the Department of the Interior and Related Agencies
Appropriations Act, 1996, see Tables for classification]
shall, as to the functions transferred to the Secretary
of Energy, be done by the Secretary of the Interior as
though these transfers had not taken place but had
been required of the Department of the Interior by all
other provisions of this Act before the transfers of
function became effective: Provided further, That the
transfers of function to the Secretary of Energy shall
become effective on the date specified by the Director
of the Office of Management and Budget, but in no
event later than 90 days after enactment into law of
this Act [Apr. 26, 1996]: Provided further, That the reference to ‘function’ includes, but is not limited to, any
duty, obligation, power, authority, responsibility,
right, privilege, and activity, or the plural thereof, as
the case may be.’’
[Pub. L. 104–208, div. A, title I, § 101(e) [title II], Sept.
30, 1996, 110 Stat. 3009–233, 3009–244, provided in part:
‘‘That the functions described in clause (1) of the first
proviso under the subheading ‘mines and minerals’
under the heading ‘Bureau of Mines’ in the text of title
I of the Department of the Interior and Related Agencies Appropriations Act, 1996, as enacted by section
101(c) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104–134) [set out
above], are hereby transferred to, and vested in, the
Secretary of Health and Human Services, subject to
section 1531 of title 31, United States Code’’.]
Functions vested in, or delegated to, Secretary of Energy and Department of Energy under or with respect
to sections 1, 3, and 5 to 7 of this title and other authorities relating to certain fossil energy research and
development transferred to, and vested in, Secretary of
the Interior, by section 100 of Pub. L. 97–257, 96 Stat.
841, set out as a note under section 7152 of Title 42, The
Public Health and Welfare.
Functions of Secretary of the Interior, Department of
the Interior, and officers and components of Department of the Interior under sections 1, 3, and 5 to 7 of
this title and other authorities exercised by Bureau of
Mines relating to fuel supply and demand analysis and
data gathering, research and development relating to
increased efficiency of production technology of solid
fuel minerals other than research relating to mine
health and safety and research relating to the environmental and leasing consequences of solid fuel mining,
and coal preparation and analysis transferred to, and
vested in, Secretary of Energy as part of the creation
of Department of Energy by Pub. L. 95–91, Aug. 4, 1977,
91 Stat. 565. See section 7152(d) of Title 42.
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
Bureau of Mines originally created in Department of
the Interior. Bureau transferred to Department of Commerce by Ex. Ord. No. 4239, but transferred back to Department of the Interior by Ex. Ord. No. 6611.

§ 1a. Transfer of activities, employees, records,
etc., from Bureau of Foreign and Domestic
Commerce to the United States Bureau of
Mines
There is hereby transferred from the Department of Commerce, Bureau of Foreign and Domestic Commerce, to the Department of the Interior, United States Bureau of Mines, all those
activities of the Minerals Division of the Bureau
of Foreign and Domestic Commerce concerned
with economic and statistical analyses of mineral commodities, domestic and foreign, together with all employees, records, files, equip-

Page 3

TITLE 30—MINERAL LANDS AND MINING

ment, publications, and funds pertaining thereto, effective immediately.
(May 9, 1935, ch. 101, § 1, 49 Stat. 205; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

§ 2. Performance of duties in absence of director
On and after July 1, 1916, in the absence of the
Director of the United States Bureau of Mines
the assistant director of said bureau shall perform the duties of the director during the latter’s absence, and in the absence of the Director
and of the Assistant Director of the United
States Bureau of Mines the Secretary of the Interior may designate some officer of said bureau
to perform the duties of the director during his
absence.
(July 1, 1916, ch. 209, § 1, 39 Stat. 303; Ex. Ord. No.
4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934;
Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat.
172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

§ 3. Duties of United States Bureau of Mines
It shall be the province and duty of the United
States Bureau of Mines, subject to the approval
of the Secretary of the Interior, to conduct inquiries and scientific and technologic investigations concerning mining, and the preparation,
treatment, and utilization of mineral substances
with a view to improving health conditions, and
increasing safety, efficiency, economic development, and conserving resources through the prevention of waste in the mining, quarrying, metallurgical, and other mineral industries; to inquire into the economic conditions affecting
these industries; to investigate explosives and
peat; and on behalf of the Government to investigate the mineral fuels and unfinished mineral
products belonging to, or for the use of, the
United States, with a view to their most efficient mining, preparation, treatment, and use;
and to disseminate information concerning
these subjects in such manner as will best carry
out the purposes of the provisions of sections 1,
3, and 5 to 7 of this title.
(May 16, 1910, ch. 240, § 2, 36 Stat. 370; Feb. 25,
1913, ch. 72, § 2, 37 Stat. 681; Ex. Ord. No. 4239,
June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934; Pub.
L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.

§ 4b

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.

§ 4. Investigation of lignite coal and peat
The Secretary of the Interior is authorized and
directed to make experiments and investigations, through the United States Bureau of
Mines, of lignite coals and peat, to determine
the commercial and economic practicability of
their utilization in producing fuel oil, gasoline
substitutes, ammonia, tar, solid fuels, gas for
power, and other purposes. The Secretary of the
Interior is authorized and directed subject to applicable regulations under chapters 1 to 11 of
title 40 and division C (except sections 3302,
3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and
4711) of subtitle I of title 41 to sell or otherwise
dispose of any property, plant, or machinery
purchased or acquired under the provisions of
this section, as soon as the experiments and investigations authorized have been concluded,
and report the results of such experiments and
investigations to Congress.
(Feb. 25, 1919, ch. 23, §§ 1, 2, 40 Stat. 1154; Ex. Ord.
No. 4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22,
1934; Oct. 31, 1951, ch. 654, § 2(18), 65 Stat. 707;
Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat.
172.)
CODIFICATION
In text, ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104,
4710, and 4711) of subtitle I of title 41’’ substituted for
‘‘the Federal Property and Administrative Services Act
of 1949, as amended’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted
Title 40, Public Buildings, Property, and Works, and
Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which
Act enacted Title 41, Public Contracts.
First sentence of this section is from first clause of
section 1 of act Feb. 25, 1919. Second sentence is from
section 2 of said act.
AMENDMENTS
1951—Act Oct. 31, 1951, inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended.
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

§ 4a. Omitted
CODIFICATION
Section, act June 25, 1926, ch. 674, § 1, 44 Stat. 768, authorized appropriation of $100,000 for fiscal year ending
June 30, 1927, and the four succeeding fiscal years for
investigation of potash deposits.

§ 4b. Cooperation with individuals, municipalities, etc.; contracts with owners; agreements
as to prices
The Secretary of the Interior and the Secretary of Commerce jointly are hereby authorized, within their discretion, to cooperate under

§ 4c

TITLE 30—MINERAL LANDS AND MINING

formal agreement with individuals, associations,
corporations, States, and municipalities, educational institutions, or other bodies, for the
purposes of this section: Provided, That before
undertaking drilling operations upon any tract
or tracts of land, the mineral deposits of which
are not the property of the United States, the
Secretary of the Interior and the Secretary of
Commerce jointly shall enter into a contract or
contracts with the owners or lessees, or both, of
the mineral rights therein, and the aforesaid
contract or contracts shall provide, among other
things, that, if deposits of potash minerals or oil
shall be discovered in pursuance of operations
under said contract or contracts and if and when
said mineral deposits shall be mined and sold,
the owners or lessees, or both, of said mineral
rights shall pay to the Government and its cooperators a royalty of not less than 21⁄2 per centum of the sale value of any potash minerals and
oil therefrom, said payments to continue until
such time as the total amount derived from said
royalty is equal to not more than the cost of the
exploration, as may be determined by the Secretary of the Interior and the Secretary of Commerce jointly: Provided further, That all Federal
claims for reimbursement under this section
shall automatically expire twenty years from
the date of approval of the contracts entered
into, in accordance with the provisions thereof,
unless sooner terminated by agreement between
the owners or lessees of the potash mineral
rights and oil and the Secretary of the Interior
and the Secretary of Commerce jointly: Provided
further, That said contract or contracts shall not
restrict the Secretary of the Interior and the
Secretary of Commerce jointly in the choice of
drilling locations within the property or in the
conduct of the exploratory operations, so long
as such selection or conduct do not interfere unreasonably with the surface of the land or with
the improvements thereof, and said contract or
contracts shall provide that the United States
shall not be liable for damages on account of
such reasonable use of the surface as may be
necessary in the proper conduct of the work.
(June 25, 1926, ch. 674, § 2, 44 Stat. 768; Mar. 3,
1927, ch. 356, 44 Stat. 1388.)
AMENDMENTS
1927—Act Mar. 3, 1927, amended provisions generally.

§ 4c. Investigation of sub-bituminous and lignite
coal
The United States Bureau of Mines, under the
general direction of the Secretary of the Interior, is authorized to conduct investigations,
studies, and experiments on its own initiative
and in cooperation with individuals, State institutions, laboratories, and other organizations,
with a view to (1) the development of a commercially practicable carbonization method of processing sub-bituminous and lignite coal so as to
convert such coal into an all-purpose fuel, to
provide fertilizers, and obtain such other byproducts thereof as may be commercially valuable; (2) the development of efficient methods,
equipment, and devices for burning lignite or
char therefrom; and (3) determining and developing methods for more efficient utilization of

Page 4

such sub-bituminous and lignite coal for purposes of generating electric power.
(May 15, 1936, ch. 397, § 1, 49 Stat. 1275; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

§ 4d. Plants, machinery, and equipment
The United States Bureau of Mines is further
authorized, under the general direction of the
Secretary of the Interior, to erect such plants,
construct and purchase such machinery and
equipment, and to take such other steps as it
may deem necessary and proper to effectuate
the purposes of section 4c of this title.
(May 15, 1936, ch. 397, § 2, 49 Stat. 1275; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

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

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

§ 5. Reports of investigations
The Director of the United States Bureau of
Mines shall prepare and publish, subject to the
direction of the Secretary of the Interior, under
the appropriations made from time to time by
Congress, reports of inquiries and investigations, with appropriate recommendations of the
bureau, concerning the nature, causes, and prevention of accidents, and the improvement of
conditions, methods, and equipment, with special reference to health, safety, and prevention
of waste in the mining, quarrying, metallurgical, and other mineral industries; the use of
explosives and electricity, safety methods and
appliances, and rescue and first-aid work in said
industries; the causes and prevention of mine
fires; and other subjects included under the provisions of sections 1, 3, and 5 to 7 of this title.
(May 16, 1910, ch. 240, § 3, 36 Stat. 370; Feb. 25,
1913, ch. 72, § 3, 37 Stat. 681; Ex. Ord. No. 4239,
June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934; Pub.
L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)

Page 5

TITLE 30—MINERAL LANDS AND MINING

§9

CHANGE OF NAME

CHANGE OF NAME

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

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

§ 6. Personal interest of director and members of
Bureau in mines
In conducting inquiries and investigations authorized under sections 1, 3, and 5 to 7 of this
title neither the director nor any member of the
United States Bureau of Mines shall have any
personal or private interest in any mine or the
products of any mine under investigation, or
shall accept employment from any private party
for services in the examination of any mine or
private mineral property, or issue any report as
to the valuation or the management of any mine
or other private mineral property. Nothing herein shall be construed as preventing the temporary employment by the United States Bureau
of Mines, at a compensation not to exceed $10
per day, in a consulting capacity or in the investigation of special subjects, of any engineer or
other expert whose principal professional practice is outside of such employment by said bureau.
(May 16, 1910, ch. 240, § 4, 36 Stat. 370; Feb. 25,
1913, ch. 72, § 4, 37 Stat. 682; Pub. L. 102–285,
§ 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

§ 7. Fees for tests or investigations
For tests or investigations authorized by the
Secretary of the Interior under the provisions of
sections 1, 3, and 5 to 7 of this title, except those
performed for the Government of the United
States or State governments within the United
States, a fee sufficient in each case to compensate the United States Bureau of Mines for
the entire cost of the services rendered shall be
charged, according to a schedule prepared by the
Director of the United States Bureau of Mines
and approved by the Secretary of the Interior,
who shall prescribe rules and regulations under
which such tests and investigations may be
made. All moneys received from such sources
shall be paid into the Treasury to the credit of
miscellaneous receipts.
(May 16, 1910, ch. 240, § 5, 36 Stat. 370; Feb. 25,
1913, ch. 72, § 5, 37 Stat. 682; June 30, 1932, ch. 314,
§ 311, 47 Stat. 410; Ex. Ord. No. 4239, June 4, 1935;
Ex. Ord. No. 6611, Feb. 22, 1934; Pub. L. 102–285,
§ 10(b), May 18, 1992, 106 Stat. 172.)
AMENDMENTS
1932—Act June 30, 1932, substituted ‘‘Secretary of
Commerce’’ for ‘‘Secretary of the Interior’’ and
changed a reasonable fee to be charged to a fee sufficient to compensate for entire cost of services rendered.

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

§ 8. Additional mining experiment stations and
mine safety stations authorized
The Secretary of the Interior is hereby authorized and directed to establish and maintain
in the several important mining regions of the
United States and the Territory of Alaska, as
Congress may appropriate for the necessary employees and other expenses, under the United
States Bureau of Mines and in accordance with
the provisions of sections 1, 3, and 5 to 7 of this
title, ten mining experiment stations and seven
mine safety stations, movable or stationary, in
addition to those established prior to March 3,
1915, the province and duty of which shall be to
make investigations and disseminate information with a view to improving conditions in the
mining, quarrying, metallurgical, and other
mineral industries, safeguarding life among employees, preventing unnecessary waste of resources, and otherwise contributing to the advancement of these industries. Not more than
three mining experiment stations and mine safety stations authorized in this section shall be established in any one fiscal year under the appropriations made therefor.
(Mar. 3, 1915, ch. 95, § 1, 38 Stat. 959; Ex. Ord. No.
4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934;
Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat.
172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

§ 9. Acceptance of lands from States
The Secretary of the Interior is authorized to
accept lands, buildings, or other contributions
from the several States offering to cooperate in
carrying out the purposes of section 8 of this
title.
(Mar. 3, 1915, ch. 95, § 2, 38 Stat. 959; Ex. Ord. No.
6611, Feb. 22, 1934.)
TRANSFER OF FUNCTIONS
See note set out under section 1 of this title.

TITLE 30—MINERAL LANDS AND MINING

§ 10

§ 10. Headquarters of mine rescue cars; site for
experimental work; leases and donations
The Secretary of the Interior is authorized to
accept any suitable land or lands, buildings, or
improvements that may be donated for the
headquarters of mine rescue cars and construction of necessary railway sidings and housing for
the same, or as the site of an experimental mine
and plant for studying explosives, and to enter
into leases for periods not exceeding ten years,
subject to annual appropriations by Congress.
(June 5, 1920, ch. 235, § 1, 41 Stat. 912; Ex. Ord. No.
6611, Feb. 22, 1934.)
TRANSFER OF FUNCTIONS
See note set out under section 1 of this title.

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

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

§ 13. Research laboratory for utilization of anthracite coal; establishment and maintenance
The Secretary of the Interior, acting through
the United States Bureau of Mines, is authorized
and directed to establish, equip, and maintain a
research laboratory in the anthracite region of
Pennsylvania to conduct researches and investigations on the mining, preparation, and utilization of anthracite coal and to develop new scientific, chemical, and technical uses and new
and extended markets and outlets for anthracite
coal and its products. Such laboratory shall be
planned as a center for information and assistance in matters pertaining to conserving resources for national defense; to the more efficient mining, preparation, and utilization of anthracite coal; and pertaining to safety, health,
and sanitation in mining operations and other
matters relating to problems of the anthracite
industry.
(Dec. 18, 1942, ch. 764, § 1, 56 Stat. 1056.)
TRANSFER OF FUNCTIONS
For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.
AUTHORIZATION OF APPROPRIATIONS
Section 5 of act Dec. 18, 1942, provided that: ‘‘In order
to carry out the purposes of this Act [sections 13 to 16
of this title] there is authorized to be appropriated, out
of any money in the Treasury not otherwise appropriated, the sum of (a) $450,000 for the erection and

Page 6

equipment of a building or buildings, including plumbing, lighting, heating, general service, and experimental equipment and apparatus, the necessary roads,
walks, and ground improvement, and land for the site
of the building if no land is donated; and (b) $175,000 annually for the maintenance and operation of the experimental station, including personal services, supplies,
equipment, and expenses of travel and subsistence.’’

§ 14. Acquisition of land; cooperation with other
agencies
For the purpose of sections 13 to 16 of this title
the Secretary, acting through the United States
Bureau of Mines, is authorized to acquire land
and interests therein, and to accept in the name
of the United States donations of any property,
real or personal, and to utilize voluntary or uncompensated services at such laboratory. The
Secretary is authorized and directed to cooperate with other departments or agencies of the
Federal Government, States, and State agencies
and institutions, counties, municipalities, business or other organizations, corporations, associations, universities, scientific societies, and
individuals, upon such terms and conditions as
he may prescribe.
(Dec. 18, 1942, ch. 764, § 2, 56 Stat. 1057.)
TRANSFER OF FUNCTIONS
For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.

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

§ 16. Research laboratory for utilization of anthracite coal; establishment of advisory committee; composition; functions; appointment
The Secretary of the Interior, acting through
the United States Bureau of Mines, may, in his
discretion, create and establish an advisory
committee composed of not more than six members to exercise consultative functions, when required by the Secretary, in connection with the
administration of sections 13 to 16 of this title.
The said committee shall be composed of representatives of anthracite coal mine owners, of
representatives of anthracite coal mine workers
and the public in equal number. The members of
said committee shall be appointed by the Secretary of the Interior without regard to the
civil-service laws.
(Dec. 18, 1942, ch. 764, § 4, 56 Stat. 1057.)
TRANSFER OF FUNCTIONS
For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of
the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2year period, or in the case of a committee established

Page 7

TITLE 30—MINERAL LANDS AND MINING

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

Sec.

35.

36.

37.

CHAPTER 2—MINERAL LANDS AND
REGULATIONS IN GENERAL
38.

Sec.

21.
21a.

22.
23.
24.
25.
26.
27.
28.

28–1.

28–2.
28a.
28b.
28c.
28d.
28e.
28f.
28g.
28h.
28i.
28j.
28k.
28l.
29.

30.

31.
32.
33.
34.

Mineral lands reserved.
National mining and minerals policy; ‘‘minerals’’ defined; execution of policy under
other authorized programs.
Lands open to purchase by citizens.
Length of claims on veins or lodes.
Proof of citizenship.
Affidavit of citizenship.
Locators’ rights of possession and enjoyment.
Mining tunnels; right to possession of veins
on line with; abandonment of right.
Mining district regulations by miners: location, recordation, and amount of work;
marking of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner’s succession in
interest upon delinquency in contributing
proportion of expenditures; tunnel as lode
expenditure.
Inclusion of certain surveys in labor requirements of mining claims; conditions and restrictions.
Definitions.
Omitted.
Annual assessment work on mining claims;
temporary deferment; conditions.
Length and termination of deferment.
Performance of deferred work.
Recordation of deferment.
Fee.
Location fee.
Co-ownership.
Failure to pay.
Other requirements.
Regulations.
Collection of mining law administration fees.
Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice
on claim; publication and posting notice in
office; certificate; adverse claims; payment
per acre; objections; nonresident claimant’s
agent for execution of application and affidavits.
Adverse claims; oath of claimants; requisites;
waiver; stay of land office proceedings; judicial determination of right of possession;
successful claimants’ filing of judgment
roll, certificate of labor, and description of
claim in land office, and acreage and fee
payments; issuance of patents for entire or
partial claims upon certification of land office proceedings and judgment roll; alienation of patent title.
Oath: agent or attorney in fact, beyond district of claim.
Findings by jury; costs.
Existing rights.
Description of vein claims on surveyed and
unsurveyed lands; monuments on ground to
govern conflicting calls.

§ 21

39.
40.
41.
42.

43.
44, 45.
46.
47.
48.
49.
49a.

49b.
49c.
49d.
49e.

49f.
50.
51.

52.
53.
54.

Placer claims; entry and proceedings for patent under provisions applicable to vein or
lode claims; conforming entry to legal subdivisions and surveys; limitation of claims;
homestead entry of segregated agricultural
land.
Subdivisions of 10-acre tracts; maximum of
placer locations; homestead claims of agricultural lands; sale of improvements.
Proceedings for patent where boundaries contain vein or lode; application; statement including vein or lode; issuance of patent:
acreage payments for vein or lode and placer claim; costs of proceedings; knowledge
affecting construction of application and
scope of patent.
Evidence of possession and work to establish
right to patent.
Surveyors of mining claims.
Verification of affidavits.
Intersecting or crossing veins.
Patents for nonmineral lands: application,
survey, notice, acreage limitation, payment.
Conditions of sale by local legislature.
Omitted.
Additional land districts and officers.
Impairment of rights or interests in certain
mining property.
Lands in Michigan, Wisconsin, and Minnesota; sale and disposal as public lands.
Lands in Missouri and Kansas; disposal as agricultural lands.
Mining laws of United States extended to
Alaska; exploration and mining for precious
metals; regulations; conflict of laws; permits; dumping tailings; pumping from sea;
reservation of roadway; title to land below
line of high tide or high-water mark; transfer of title to future State.
Mining laws relating to placer claims extended to Alaska.
Recording notices of location of Alaskan mining claims.
Miners’ regulations for recording notices in
Alaska; certain records legalized.
Annual labor or improvements on Alaskan
mining claims; affidavits; burden of proof;
forfeitures; location anew of claims; perjury.
Fees of recorders in Alaska for filing proofs of
work and improvements.
Grants to States or corporations not to include mineral lands.
Water users’ vested and accrued rights; enumeration of uses; protection of interest;
rights-of-way for canals and ditches; liability for injury or damage to settlers’ possession.
Patents or homesteads subject to vested and
accrued water rights.
Possessory actions for recovery of mining
titles or for damages to such title.
Liability for damages to stock raising and
homestead entries by mining activities.

§ 21. Mineral lands reserved
In all cases lands valuable for minerals shall
be reserved from sale, except as otherwise expressly directed by law.
(R.S. § 2318.)
CODIFICATION
R.S. § 2318 derived from act July 4, 1866, ch. 166, § 5, 14
Stat. 86.

§ 21a

TITLE 30—MINERAL LANDS AND MINING

§ 21a. National mining and minerals policy; ‘‘minerals’’ defined; execution of policy under
other authorized programs
The Congress declares that it is the continuing
policy of the Federal Government in the national interest to foster and encourage private
enterprise in (1) the development of economically sound and stable domestic mining, minerals, metal and mineral reclamation industries,
(2) the orderly and economic development of domestic mineral resources, reserves, and reclamation of metals and minerals to help assure satisfaction of industrial, security and environmental needs, (3) mining, mineral, and metallurgical research, including the use and recycling
of scrap to promote the wise and efficient use of
our natural and reclaimable mineral resources,
and (4) the study and development of methods
for the disposal, control, and reclamation of
mineral waste products, and the reclamation of
mined land, so as to lessen any adverse impact
of mineral extraction and processing upon the
physical environment that may result from mining or mineral activities.
For the purpose of this section ‘‘minerals’’
shall include all minerals and mineral fuels including oil, gas, coal, oil shale and uranium.
It shall be the responsibility of the Secretary
of the Interior to carry out this policy when exercising his authority under such programs as
may be authorized by law other than this section.
(Pub. L. 91–631, title I, § 101, formerly § 2, Dec. 31,
1970, 84 Stat. 1876; Pub. L. 104–66, title I, § 1081(b),
Dec. 21, 1995, 109 Stat. 721; renumbered title I,
§ 101, Pub. L. 104–325, § 2(1), (2), Oct. 19, 1996, 110
Stat. 3994.)

Page 8

Words ‘‘Except as otherwise provided,’’ were editorially supplied on authority of act Feb. 25, 1920, ch.
85, 41 Stat. 437, popularly known as the Mineral Lands
Leasing Act, which is classified to chapter 3A (§ 181 et
seq.) of this title.
SHORT TITLE
Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 43,
and 47 of this title are based on sections of the Revised
Statutes which are derived from act May 10, 1872, ch.
152, 17 Stat. 91, popularly known as the ‘‘General Mining Act of 1872’’ and as the ‘‘Mining Law of 1872’’.

§ 23. Length of claims on veins or lodes
Mining claims upon veins or lodes of quartz or
other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits,
located prior to May 10, 1872, shall be governed
as to length along the vein or lode by the customs, regulations, and laws in force at the date
of their location. A mining claim located after
the 10th day of May 1872, whether located by one
or more persons, may equal, but shall not exceed, one thousand five hundred feet in length
along the vein or lode; but no location of a mining claim shall be made until the discovery of
the vein or lode within the limits of the claim
located. No claim shall extend more than three
hundred feet on each side of the middle of the
vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the
vein at the surface, except where adverse rights
existing on the 10th day of May 1872 render such
limitation necessary. The end lines of each
claim shall be parallel to each other.
(R.S. § 2320.)

AMENDMENTS

CODIFICATION

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

R.S. § 2320 derived from act May 10, 1872, ch. 152, § 2,
17 Stat. 91.

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

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

§ 24. Proof of citizenship
Proof of citizenship, under sections 21, 22 to 24,
26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this
title and section 661 of title 43, may consist, in
the case of an individual, of his own affidavit
thereof; in the case of an association of persons
unincorporated, of the affidavit of their authorized agent, made on his own knowledge, or upon
information and belief; and in the case of a corporation organized under the laws of the United
States, or of any State or Territory thereof, by
the filing of a certified copy of their charter or
certificate of incorporation.
(R.S. § 2321.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2321 derived from act May 10, 1872, ch. 152, § 7,
17 Stat. 94.

(R.S. § 2319.)
CODIFICATION
R.S. § 2319 derived from act May 10, 1872, ch. 152, § 1,
17 Stat. 91.

§ 25. Affidavit of citizenship
Applicants for mineral patents, if residing beyond the limits of the district wherein the claim

Page 9

TITLE 30—MINERAL LANDS AND MINING

is situated, may make any oath or affidavit required for proof of citizenship before the clerk of
any court of record or before any notary public
of any State or Territory.
(Apr. 26, 1882, ch. 106, § 2, 22 Stat. 49.)
§ 26. Locators’ rights of possession and enjoyment
The locators of all mining locations made on
any mineral vein, lode, or ledge, situated on the
public domain, their heirs and assigns, where no
adverse claim existed on the 10th day of May
1872 so long as they comply with the laws of the
United States, and with State, territorial, and
local regulations not in conflict with the laws of
the United States governing their possessory
title, shall have the exclusive right of possession
and enjoyment of all the surface included within
the lines of their locations, and of all veins,
lodes, and ledges throughout their entire depth,
the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far
depart from a perpendicular in their course
downward as to extend outside the vertical side
lines of such surface locations. But their right of
possession to such outside parts of such veins or
ledges shall be confined to such portions thereof
as lie between vertical planes drawn downward
as above described, through the end lines of
their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. Nothing in
this section shall authorize the locator or possessor of a vein or lode which extends in its
downward course beyond the vertical lines of his
claim to enter upon the surface of a claim owned
or possessed by another.
(R.S. § 2322.)
CODIFICATION
R.S. § 2322 derived from act May 10, 1872, ch. 152, § 3,
17 Stat. 91.

§ 27. Mining tunnels; right to possession of veins
on line with; abandonment of right
Where a tunnel is run for the development of
a vein or lode, or for the discovery of mines, the
owners of such tunnel shall have the right of
possession of all veins or lodes within three
thousand feet from the face of such tunnel on
the line thereof, not previously known to exist,
discovered in such tunnel, to the same extent as
if discovered from the surface; and locations on
the line of such tunnel of veins or lodes not appearing on the surface, made by other parties
after the commencement of the tunnel, and
while the same is being prosecuted with reasonable diligence, shall be invalid; but failure to
prosecute the work on the tunnel for six months
shall be considered as an abandonment of the
right to all undiscovered veins on the line of
such tunnel.
(R.S. § 2323.)
CODIFICATION
R.S. § 2323 derived from act May 10, 1872, ch. 152, § 4,
17 Stat. 92.
SHORT TITLE
This section is popularly known as the Tunnel Site
Act.

§ 28

§ 28. Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual
labor or improvements on claims pending
issue of patent; co-owner’s succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure
The miners of each mining district may make
regulations not in conflict with the laws of the
United States, or with the laws of the State or
Territory in which the district is situated, governing the location, manner of recording,
amount of work necessary to hold possession of
a mining claim, subject to the following requirements: The location must be distinctly marked
on the ground so that its boundaries can be
readily traced. All records of mining claims
made after May 10, 1872, shall contain the name
or names of the locators, the date of the location, and such a description of the claim or
claims located by reference to some natural object or permanent monument as will identify
the claim. On each claim located after the 10th
day of May 1872, that is granted a waiver under
section 28f of this title, and until a patent has
been issued therefor, not less than $100 worth of
labor shall be performed or improvements made
during each year. On all claims located prior to
the 10th day of May 1872, $10 worth of labor shall
be performed or improvements made each year,
for each one hundred feet in length along the
vein until a patent has been issued therefor; but
where such claims are held in common, such expenditure may be made upon any one claim; and
upon a failure to comply with these conditions,
the claim or mine upon which such failure occurred shall be open to relocation in the same
manner as if no location of the same had ever
been made, provided that the original locators,
their heirs, assigns, or legal representatives,
have not resumed work upon the claim after
failure and before such location. Upon the failure of any one of several coowners to contribute
his proportion of the expenditures required hereby, the coowners who have performed the labor
or made the improvements may, at the expiration of the year, give such delinquent co-owner
personal notice in writing or notice by publication in the newspaper published nearest the
claim, for at least once a week for ninety days,
and if at the expiration of ninety days after such
notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the
property of his co-owners who have made the required expenditures. The period within which
the work required to be done annually on all unpatented mineral claims located since May 10,
1872, including such claims in the Territory of
Alaska, shall commence at 12:01 ante meridian
on the first day of September succeeding the
date of location of such claim.
Where a person or company has or may run a
tunnel for the purposes of developing a lode or
lodes, owned by said person or company, the
money so expended in said tunnel shall be taken
and considered as expended on said lode or lodes,
whether located prior to or since May 10, 1872;

§ 28–1

TITLE 30—MINERAL LANDS AND MINING

and such person or company shall not be required to perform work on the surface of said
lode or lodes in order to hold the same as required by this section. On all such valid claims
the annual period ending December 31, 1921,
shall continue to 12 o’clock meridian July 1,
1922.
(R.S. § 2324; Feb. 11, 1875, ch. 41, 18 Stat. 315; Jan.
22, 1880, ch. 9, § 2, 21 Stat. 61; Aug. 24, 1921, ch. 84,
42 Stat. 186; Pub. L. 85–736, § 1, Aug. 23, 1958, 72
Stat. 829; Pub. L. 103–66, title X, § 10105(b), Aug.
10, 1993, 107 Stat. 406; Pub. L. 110–161, div. F, title
I, (1), Dec. 26, 2007, 121 Stat. 2101.)
CODIFICATION
R.S. § 2324 derived from act May 10, 1872, ch. 152, § 5,
17 Stat. 92.
Pub. L. 110–161, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section 28’’,
was executed by making the amendment to R.S. § 2324,
which is classified to this section, to reflect the probable intent of Congress. See 2007 Amendment note
below.
AMENDMENTS
2007—Pub. L. 110–161 substituted ‘‘shall commence at
12:01 ante meridian on the first day of September’’ for
‘‘shall commence at 12 o’clock meridian on the 1st day
of September’’. See Codification note above.
1993—Pub. L. 103–66 inserted ‘‘that is granted a waiver
under section 28f of this title,’’ after ‘‘On each claim located after the 10th day of May 1872,’’.
1958—Pub. L. 85–736 changed period for doing annual
assessment work on unpatented mineral claims, substituting ‘‘1st day of September’’ for ‘‘1st day of July’’.
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.
ASSESSMENT WORK YEARS, 1957–58 AND 1958–59
Section 2 of Pub. L. 85–736 provided that the period
commencing in 1957 for the performance of annual assessment work under this section shall end at 12
o’clock meridian on the 1st day of July 1958, and the period commencing in 1958 for the performance of such
annual assessment work shall commence at 12 o’clock
meridian on the 1st day of July 1958, and shall continue
to 12 o’clock meridian on Sept. 1, 1959.

§ 28–1. Inclusion of certain surveys in labor requirements of mining claims; conditions and
restrictions
The term ‘‘labor’’, as used in the third sentence of section 28 of this title, shall include,
without being limited to, geological, geochemical and geophysical surveys conducted by
qualified experts and verified by a detailed report filed in the county office in which the claim
is located which sets forth fully (a) the location
of the work performed in relation to the point of
discovery and boundaries of the claim, (b) the
nature, extent, and cost thereof, (c) the basic
findings therefrom, and (d) the name, address,
and professional background of the person or
persons conducting the work. Such surveys,
however, may not be applied as labor for more
than two consecutive years or for more than a
total of five years on any one mining claim, and
each such survey shall be nonrepetitive of any
previous survey on the same claim.

Page 10

(Pub. L. 85–876, § 1, Sept. 2, 1958, 72 Stat. 1701.)
§ 28–2. Definitions
As used in section 28–1 of this title,
(a) The term ‘‘geological surveys’’ means surveys on the ground for mineral deposits by the
proper application of the principles and techniques of the science of geology as they relate to
the search for and discovery of mineral deposits;
(b) The term ‘‘geochemical surveys’’ means
surveys on the ground for mineral deposits by
the proper application of the principles and
techniques of the science of chemistry as they
relate to the search for and discovery of mineral
deposits;
(c) The term ‘‘geophysical surveys’’ means
surveys on the ground for mineral deposits
through the employment of generally recognized
equipment and methods for measuring physical
differences between rock types or discontinuities in geological formations;
(d) The term ‘‘qualified expert’’ means an individual qualified by education or experience to
conduct geological, geochemical or geophysical
surveys, as the case may be.
(Pub. L. 85–876, § 2, Sept. 2, 1958, 72 Stat. 1701.)
§ 28a. Omitted
CODIFICATION
Section, act June 29, 1950, ch. 404, 64 Stat. 275, provided for extension of time of annual assessment work,
on mining claims in the United States, including Alaska, for period commencing July 1, 1949, until 12 o’clock
noon Oct. 1, 1950, and also provided for commencement
of assessment work or improvements required for year
ending 12 o’clock noon July 1, 1951, immediately following 12 o’clock noon July 1, 1950. See sections 28b to 28e
of this title.

§ 28b. Annual assessment work on mining claims;
temporary deferment; conditions
The performance of not less than $100 worth of
labor or the making of improvements aggregating such amount, which labor or improvements
are required under the provisions of section 28 of
this title to be made during each year, may be
deferred by the Secretary of the Interior as to
any mining claim or group of claims in the
United States upon the submission by the claimant of evidence satisfactory to the Secretary
that such mining claim or group of claims is
surrounded by lands over which a right-of-way
for the performance of such assessment work
has been denied or is in litigation or is in the
process of acquisition under State law or that
other legal impediments exist which affect the
right of the claimant to enter upon the surface
of such claim or group of claims or to gain access to the boundaries thereof.
(June 21, 1949, ch. 232, § 1, 63 Stat. 214.)
§ 28c. Length and termination of deferment
The period for which said deferment may be
granted shall end when the conditions justifying
deferment have been removed: Provided, That
the initial period shall not exceed one year but
may be renewed for a further period of one year
if justifiable conditions exist: Provided further,
That the relief available under sections 28b to

Page 11

TITLE 30—MINERAL LANDS AND MINING

28e of this title is in addition to any relief available under any other Act of Congress with respect to mining claims.
(June 21, 1949, ch. 232, § 2, 63 Stat. 215.)
§ 28d. Performance of deferred work
All deferred assessment work shall be performed not later than the end of the assessment
year next subsequent to the removal or cessation of the causes for deferment or the expiration of any deferments granted under sections
28b to 28e of this title and shall be in addition to
the annual assessment work required by law in
such year.
(June 21, 1949, ch. 232, § 3, 63 Stat. 215.)
§ 28e. Recordation of deferment
Claimant shall file or record or cause to be
filed or recorded in the office where the notice
or certificate of location of such claim or group
of claims is filed or recorded, a notice to the
public of claimant’s petition to the Secretary of
the Interior for deferment under sections 28b to
28e of this title, and of the order or decision disposing of such petition.
(June 21, 1949, ch. 232, § 4, 63 Stat. 215.)
§ 28f. Fee
(a) Claim maintenance fee
(1) Lode mining claims, mill sites, and tunnel
sites
The holder of each unpatented lode mining
claim, mill site, or tunnel site, located pursuant to the mining laws of the United States on
or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September
1 of each year, to the extent provided in advance in appropriations Acts, a claim maintenance fee of $100 per claim or site, respectively. Such claim maintenance fee shall be in
lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C.
28–28e) 1 and the related filing requirements
contained in section 1744(a) and (c) of title 43.
(2) Placer mining claims
The holder of each unpatented placer mining
claim located pursuant to the mining laws of
the United States located before, on, or after
August 10, 1993, shall pay to the Secretary of
the Interior, on or before September 1 of each
year, the claim maintenance fee described in
subsection (a),2 for each 20 acres of the placer
claim or portion thereof.
(b) Time of payment
The claim main tenance 3 fee under subsection
(a) shall be paid for the year in which the location is made, at the time the location notice is
recorded with the Bureau of Land Management.
The location fee imposed under section 28g of
this title shall be payable not later than 90 days
after the date of location.
(c) Oil shale claims subject to claim maintenance
fees under Energy Policy Act of 1992
This section shall not apply to any oil shale
claims for which a fee is required to be paid
1 See

References in Text note below.
in original. Probably should be ‘‘paragraph (1),’’.
3 So in original. Probably should be ‘‘maintenance’’.
2 So

§ 28f

under section 2511(e)(2) of the Energy Policy Act
of 1992 (Public Law 102–486; 106 Stat. 3111; 30
U.S.C. 242).
(d) Waiver
(1) The claim maintenance fee required under
this section may be waived for a claimant who
certifies in writing to the Secretary that on the
date the payment was due, the claimant and all
related parties—
(A) held not more than 10 mining claims,
mill sites, or tunnel sites, or any combination
thereof, on public lands; and
(B) have performed assessment work required under the Mining Law of 1872 (30 U.S.C.
28–28e) 1 to maintain the mining claims held by
the claimant and such related parties for the
assessment year ending on noon of September
1 of the calendar year in which payment of the
claim maintenance fee was due.
(2) For purposes of paragraph (1), with respect
to any claimant, the term ‘‘related party’’
means—
(A) the spouse and dependent children (as defined in section 152 of title 26), of the claimant; and
(B) a person who controls, is controlled by,
or is under common control with the claimant.
For purposes of this section, the term control
includes actual control, legal control, and the
power to exercise control, through or by common directors, officers, stockholders, a voting
trust, or a holding company or investment company, or any other means.
(3) If a small miner waiver application is determined to be defective for any reason, the
claimant shall have a period of 60 days after receipt of written notification of the defect or defects by the Bureau of Land Management to: (A)
cure such defect or defects, or (B) pay the $100
claim maintenance fee due for such period.
(Pub. L. 103–66, title X, § 10101, Aug. 10, 1993, 107
Stat. 405; Pub. L. 105–240, § 116, Sept. 25, 1998, 112
Stat. 1570; Pub. L. 105–277, div. A, § 101(e) [title I],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–235; Pub. L.
107–63, title I, (1), Nov. 5, 2001, 115 Stat. 418; Pub.
L. 108–108, title I, (1), Nov. 10, 2003, 117 Stat. 1245;
Pub. L. 110–161, div. F, title I, (2), Dec. 26, 2007,
121 Stat. 2101; Pub. L. 111–8, div. E, title I, Mar.
11, 2009, 123 Stat. 704; Pub. L. 111–88, div. A, title
I, Oct. 30, 2009, 123 Stat. 2907; Pub. L. 112–74, div.
E, title IV, § 430, Dec. 23, 2011, 125 Stat. 1047.)
REFERENCES IN TEXT
The Mining Law of 1872 (30 U.S.C. 28–28e), referred to
in subsecs. (a)(1) and (d)(1)(B), probably means act May
10, 1872, ch. 152, 17 Stat. 91. That act was incorporated
into the Revised Statutes as R.S. §§ 2319 to 2328, 2331,
2333 to 2337, and 2344, which are classified to sections 22
to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this
title. For complete classification of R.S. §§ 2319 to 2328,
2331, 2333 to 2337, and 2344 to the Code, see Tables.
CODIFICATION
Pub. L. 111–88, which directed the amendment of section 28f of title 30, United States Code, was executed by
making the amendment to section 10101 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 2009 Amendment note
below.
Pub. L. 110–161, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section

§ 28g

TITLE 30—MINERAL LANDS AND MINING

28f(a),’’ was executed by making the amendment to section 10101 of Pub. L. 103–66, which is classified to this
section, to reflect the probable intent of Congress. See
2007 Amendment note below.
Pub. L. 108–108, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section
28f(a),’’ was executed by making the amendment to section 10101 of Pub. L. 103–66, which is classified to this
section, to reflect the probable intent of Congress. See
2003 Amendment note below.
Pub. L. 107–63, which directed the amendment of section 28f of title 30, United States Code, was executed by
making the amendment to section 10101 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 2001 Amendment note
below.
Pub. L. 105–277, which directed the amendment of section 28f of title 30, United States Code, was executed by
making the amendment to section 10101 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 1998 Amendment notes
below.
Pub. L. 105–240, which directed the amendment of section 28f of title 30, United States Code, was executed by
making the amendment to section 10101 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 1998 Amendment note
below.
AMENDMENTS
2011—Subsec. (a)(1). Pub. L. 112–74, § 430(1)(A), designated existing provisions as par. (1) and substituted
‘‘The holder of each unpatented lode mining claim, mill
site, or tunnel site, located pursuant to the mining
laws of the United States on or after August 10, 1993,
shall pay to the Secretary of the Interior, on or before
September 1 of each year, to the extent provided in advance in appropriations Acts, a claim maintenance fee
of $100 per claim or site, respectively.’’ for ‘‘The holder
of each unpatented mining claim, mill, or tunnel site,
located pursuant to the mining laws of the United
States, whether located before, on or after August 10,
1993, shall pay to the Secretary of the Interior, on or
before September 1 of each year, to the extent provided
in advance in Appropriations Acts, a claim maintenance fee of $100 per claim or site’’.
Subsec. (a)(2). Pub. L. 112–74, § 430(1)(B), added par. (2).
Subsec. (b). Pub. L. 112–74, § 430(2), substituted ‘‘The
claim main tenance fee under subsection (a) shall be
paid for the year in which the location is made, at the
time the location notice is recorded with the Bureau of
Land Management.’’ for ‘‘The claim maintenance fee
payable pursuant to subsection (a) of this section for
any assessment year shall be paid before the commencement of the assessment year, except that for the
initial assessment year in which the location is made,
the locator shall pay the claim maintenance fee at the
time the location notice is recorded with the Bureau of
Land Management.’’
2009—Subsec. (a). Pub. L. 111–88 substituted ‘‘, to the
extent provided in advance in Appropriations Acts,’’ for
‘‘for years 2004 through 2008,’’. See Codification note
above.
Pub. L. 111–8, which directed the removal of the modifications made by Pub. L. 110–161, was executed by inserting ‘‘for years 2004 through 2008’’ after ‘‘before September 1 of each year’’. See 2007 Amendment note
below.
2007—Subsec. (a). Pub. L. 110–161 struck out ‘‘for
years 2004 through 2008’’ after ‘‘before September 1 of
each year’’. See Codification note above.
2003—Subsec. (a). Pub. L. 108–108 substituted ‘‘for
years 2004 through 2008’’ for ‘‘for years 2002 through
2003’’. See Codification note above.
2001—Subsec. (a). Pub. L. 107–63 substituted ‘‘The
holder of each unpatented mining claim, mill, or tunnel
site, located pursuant to the mining laws of the United
States, whether located before, on or after August 10,
1993, shall pay to the Secretary of the Interior, on or
before September 1 of each year for years 2002 through

Page 12

2003, a claim maintenance fee of $100 per claim or site’’
for ‘‘The holder of each unpatented mining claim, mill,
or tunnel site, located pursuant to the mining laws of
the United States, whether located before or after August 10, 1993, shall pay to the Secretary of the Interior,
on or before September 1 of each year for years 1999
through 2001, a claim maintenance fee of $100 per claim
or site.’’ See Codification note above.
1998—Subsec. (a). Pub. L. 105–277 added first sentence
and struck out former first sentence which read as follows: ‘‘The holder of each unpatented mining claim,
mill, or tunnel site located pursuant to the mining laws
of the United States before October 1, 1998 shall pay the
Secretary of the Interior, on or before September 1, 1999
a claim maintenance fee of $100 per claim site.’’ See
Codification note above.
Pub. L. 105–240 substituted ‘‘The holder of each unpatented mining claim, mill, or tunnel site located pursuant to the mining laws of the United States before
October 1, 1998 shall pay the Secretary of the Interior,
on or before September 1, 1999 a claim maintenance fee
of $100 per claim site.’’ for ‘‘The holder of each unpatented mining claim, mill or tunnel site located pursuant to the Mining Laws of the United States, whether
located before or after August 10, 1993, shall pay to the
Secretary of the Interior, on or before August 31 of
each year, for years 1994 through 1998, a claim maintenance fee of $100 per claim.’’ See Codification note
above.
Subsec. (d)(3). Pub. L. 105–277 added par. (3). See Codification note above.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28g. Location fee
Notwithstanding any other provision of law,
for every unpatented mining claim, mill or tunnel site located after August 10, 1993, to the extent provided in advance in Appropriations Acts,
pursuant to the Mining Laws of the United
States, the locator shall, at the time the location notice is recorded with the Bureau of Land
Management, pay to the Secretary of the Interior a location fee, in addition to the claim
maintenance fee required by section 28f of this
title, of $25.00 per claim.
(Pub. L. 103–66, title X, § 10102, Aug. 10, 1993, 107
Stat. 406; Pub. L. 105–277, div. A, § 101(e) [title I],
Oct. 21, 1998, 112 Stat. 2681–231, 2681–235; Pub. L.
107–63, title I, (2), Nov. 5, 2001, 115 Stat. 419; Pub.
L. 108–108, title I, (2), Nov. 10, 2003, 117 Stat. 1245;
Pub. L. 110–161, div. F, title I, (3), Dec. 26, 2007,
121 Stat. 2101; Pub. L. 111–8, div. E, title I, Mar.
11, 2009, 123 Stat. 704; Pub. L. 111–88, div. A, title
I, Oct. 30, 2009, 123 Stat. 2907.)
CODIFICATION
Pub. L. 111–88, which directed the amendment of section 28g of title 30, United States Code, was executed by
making the amendment to section 10102 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 2009 Amendment note
below.
Pub. L. 110–161, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section 28g’’,
was executed by making the amendment to section
10102 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2007
Amendment note below.
Pub. L. 108–108, which directed the amendment of section 28 of title 30, United States Code, ‘‘in section 28g’’,
was executed by making the amendment to section
10102 of Pub. L. 103–66, which is classified to this section, to reflect the probable intent of Congress. See 2003
Amendment note below.

Page 13

TITLE 30—MINERAL LANDS AND MINING

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

§ 28k

CODIFICATION
Pub. L. 111–88, which directed the amendment of section 28i of title 30, United States Code, was executed by
making the amendment to section 10104 of Pub. L.
103–66, which is classified to this section, to reflect the
probable intent of Congress. See 2009 Amendment note
below.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

AMENDMENTS

AMENDMENTS

2009—Pub. L. 111–88 substituted ‘‘, to the extent provided in advance in Appropriations Acts,’’ for ‘‘and before September 30, 2008,’’. See Codification note above.
Pub. L. 111–8, which directed the removal of the modifications made by Pub. L. 110–161, was executed by inserting ‘‘and before September 30, 2008,’’ before ‘‘pursuant to’’. See 2007 Amendment note below.
2007—Pub. L. 110–161 struck out ‘‘and before September 30, 2008,’’ before ‘‘pursuant to’’. See Codification
note above.
2003—Pub. L. 108–108 substituted ‘‘2008’’ for ‘‘2003’’.
See Codification note above.
2001—Pub. L. 107–63 substituted ‘‘2003’’ for ‘‘2001’’. See
Codification note above.
1998—Pub. L. 105–277 substituted ‘‘2001’’ for ‘‘1998’’.
See Codification note above.

2009—Pub. L. 111–88 substituted ‘‘28l’’ for ‘‘28k’’. See
Codification note above.

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

§ 28h. Co-ownership
The co-ownership provisions of the Mining
Law of 1872 (30 U.S.C. 28) 1 shall remain in effect,
except that in applying such provisions, the annual claim maintenance fee required under this
Act shall, where applicable, replace applicable
assessment requirements and expenditures.
(Pub. L. 103–66, title X, § 10103, Aug. 10, 1993, 107
Stat. 406.)
REFERENCES IN TEXT
The Mining Law of 1872 (30 U.S.C. 28), referred to in
text, probably means act May 10, 1872, ch. 152, 17 Stat.
91, as amended. That act was incorporated into the Revised Statutes as R.S. §§ 2319 to 2328, 2331, 2333 to 2337,
and 2344, which are classified to sections 22 to 24, 26 to
28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this title. For
complete classification of R.S. §§ 2319 to 2328, 2331, 2333
to 2337, and 2344 to the Code, see Tables.
This Act, referred to in text, is Pub. L. 103–66, Aug.
10, 1993, 107 Stat. 312, known as the Omnibus Budget
Reconciliation Act of 1993. The annual claim maintenance fee required under this Act probably refers to the
fee required under section 28f of this title. For complete classification of this Act to the Code, see Tables.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28i. Failure to pay
Failure to pay the claim maintenance fee or
the location fee as required by sections 28f to 28l
of this title shall conclusively constitute a forfeiture of the unpatented mining claim, mill or
tunnel site by the claimant and the claim shall
be deemed null and void by operation of law.
(Pub. L. 103–66, title X, § 10104, Aug. 10, 1993, 107
Stat. 406; Pub. L. 111–88, div. A, title I, Oct. 30,
2009, 123 Stat. 2908.)
1 See

References in Text note below.

§ 28j. Other requirements
(a) Federal Land Policy and Management Act requirements
Nothing in sections 28f to 28k of this title shall
change or modify the requirements of section
314(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)), or the requirements of section 314(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1744(c)) related to filings required by section
314(b), and such requirements shall remain in effect with respect to claims, and mill or tunnel
sites for which fees are required to be paid under
this section.
(b) Omitted
(c) Fee adjustments
(1) The Secretary of the Interior shall adjust
the fees required by sections 28f to 28k of this
title to reflect changes in the Consumer Price
Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years
after August 10, 1993, or more frequently if the
Secretary determines an adjustment to be reasonable.
(2) The Secretary shall provide claimants notice of any adjustment made under this subsection not later than July 1 of any year in
which the adjustment is made.
(3) A fee adjustment under this subsection
shall begin to apply the first assessment year
which begins after adjustment is made.
(Pub. L. 103–66, title X, § 10105, Aug. 10, 1993, 107
Stat. 406.)
CODIFICATION
Section is comprised of section 10105 of Pub. L. 103–66.
Subsec. (b) of section 10105 of Pub. L. 103–66 amended
section 28 of this title.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28k. Regulations
The Secretary of the Interior shall promulgate
rules and regulations to carry out the terms and
conditions of sections 28f to 28k of this title as
soon as practicable after August 10, 1993.
(Pub. L. 103–66, title X, § 10106, Aug. 10, 1993, 107
Stat. 407.)
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 102–381,
title I, Oct. 5, 1992, 106 Stat. 1378, 1379.

§ 28l

TITLE 30—MINERAL LANDS AND MINING

§ 28l. Collection of mining law administration
fees
In fiscal year 2009 and each fiscal year thereafter, the Bureau of Land Management shall collect from mining claim holders the mining
claim maintenance fees and location fees; such
fees shall be collected in the same manner as authorized by sections 28f and 28g of this title only
to the extent provided in advance in appropriations Acts.
(Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123
Stat. 704; Pub. L. 111–88, div. A, title I, Oct. 30,
2009, 123 Stat. 2907.)
AMENDMENTS
2009—Pub. L. 111–88 substituted ‘‘from mining claim
holders the mining claim maintenance fees and location’’ for ‘‘mining law administration’’ and struck out
‘‘those’’ before ‘‘authorized’’.

§ 29. Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice
on claim; publication and posting notice in
office; certificate; adverse claims; payment
per acre; objections; nonresident claimant’s
agent for execution of application and affidavits
A patent for any land claimed and located for
valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under sections
21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71
to 76 of this title and section 661 of title 43, having claimed and located a piece of land for such
purposes, who has, or have, complied with the
terms of sections 21, 22 to 24, 26 to 28, 29, 30, 33
to 48, 50 to 52, 71 to 76 of this title, and section
661 of title 43, may file in the proper land office
an application for a patent, under oath, showing
such compliance, together with a plat and field
notes of the claim or claims in common, made
by or under the direction of the Director of the
Bureau of Land Management, showing accurately the boundaries of the claim or claims,
which shall be distinctly marked by monuments
on the ground, and shall post a copy of such
plat, together with a notice of such application
for a patent, in a conspicuous place on the land
embraced in such plat previous to the filing of
the application for a patent, and shall file an affidavit of at least two persons that such notice
has been duly posted, and shall file a copy of the
notice in such land office, and shall thereupon
be entitled to a patent for the land, in the manner following: The register of the land office,
upon the filing of such application, plat, field
notes, notices, and affidavits, shall publish a notice that such application has been made, for
the period of sixty days, in a newspaper to be by
him designated as published nearest to such
claim; and he shall also post such notice in his
office for the same period. The claimant at the
time of filing this application, or at any time
thereafter, within the sixty days of publication,
shall file with the register a certificate of the
Director of the Bureau of Land Management
that $500 worth of labor has been expended or
improvements made upon the claim by himself
or grantors; that the plat is correct, with such

Page 14

further description by such reference to natural
objects or permanent monuments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent. At the expiration of the sixty days of publication the
claimant shall file his affidavit, showing that
the plat and notice have been posted in a conspicuous place on the claim during such period
of publication. If no adverse claim shall have
been filed with the register of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is
entitled to a patent, upon the payment to the
proper officer of $5 per acre, and that no adverse
claim exists; and thereafter no objection from
third parties to the issuance of a patent shall be
heard, except it be shown that the applicant has
failed to comply with the terms of sections 21, 22
to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76
of this title and section 661 of title 43. Where the
claimant for a patent is not a resident of or
within the land district wherein the vein, lode,
ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the
claimant for such patent may be made by his,
her, or its authorized agent, where said agent is
conversant with the facts sought to be established by said affidavits.
(R.S. § 2325; Jan. 22, 1880, ch. 9, § 1, 21 Stat. 61;
Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946
Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2325 derived from act May 10, 1872, ch. 152, § 6,
17 Stat. 92.
AMENDMENTS
1925—Act Mar. 3, 1925, affected words, in first sentence of text, now reading ‘‘United States supervisor of
surveys,’’ and words, in next to last sentence of text,
now reading ‘‘register of the proper land office.’’ Those
words formerly read ‘‘United States surveyor general’’
and ‘‘register and receiver of the proper land office,’’
respectively. This act abolished the office of surveyor
general, and transferred to and consolidated with the
Field Surveying Service, under the jurisdiction of the
U.S. Supervisor of Surveys, the administration, equipment, etc., of such office, and consolidated the offices
and functions of the register and receiver.
TRANSFER OF FUNCTIONS
Director of the Bureau of Land Management substituted for United States Supervisor of Surveys wherever appearing. In the establishment of The Bureau of
Land Management by Reorg. Plan No. 3 of 1946, § 403,
eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in
the Appendix to Title 5, Government Organization and
Employees, the office of Supervisor of Surveys was
abolished and the functions and powers were transferred to the Secretary of the Interior, to be performed
by such officers or agencies of the Department as might
be designated by the Secretary. Under that authority,
the functions and powers formerly exercised by the Supervisor of Surveys were delegated to the Chief
Cadastral Engineer, subject to the supervision of the

Page 15

TITLE 30—MINERAL LANDS AND MINING

Director of the Bureau of Land Management. In the
general reorganization and realignment of functions of
the Bureau, the office of the Chief Cadastral Engineer
was abolished, and the functions of that office have
been delegated to the Director of the Bureau of Land
Management. See 43 C.F.R. § 9180.0–3(a)(1).
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, set out in the Appendix to Title
5.
See also Transfer of Functions note set out under section 1 of this title.

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

§ 31

a patent for a mining claim to any person whatever.
(R.S. § 2326; Mar. 3, 1925, ch. 462, 43 Stat. 1144,
1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
CODIFICATION
R.S. § 2326 derived from act May 10, 1872, ch. 152, § 7,
17 Stat. 93.
AMENDMENTS
1925—Act Mar. 3, 1925, affected words, in third and
fourth sentences of text, now reading ‘‘United States
supervisor of surveys’’, and words, in third sentence of
text, now reading ‘‘pay to the register $5 per acre.’’
Such words formerly read ‘‘surveyor-general’’, and
‘‘pay to the receiver five dollars per acre’’, respectively. Such act is treated more fully in notes under
section 29 of this title.
TRANSFER OF FUNCTIONS
Director of the Bureau of Land Management substituted for United States Supervisor of Surveys following the words ‘‘certificate of the’’ in sentence beginning ‘‘After such judgment’’ and following the words
‘‘description by the’’ in sentence beginning ‘‘If it appears’’. In the establishment of the Bureau of Land
Management by Reorg. Plan No. 3 of 1946, § 403, eff. July
16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees, the office of Supervisor of Surveys was abolished
and the functions and powers were transferred to the
Secretary of the Interior, to be performed by such officers or agencies of the Department as might be designated by the Secretary. Under that authority, the
functions and powers formerly exercised by the Supervisor of Surveys were delegated to the Chief Cadastral
Engineer, subject to the supervision of the Director of
the Bureau of Land Management. In the general reorganization and realignment of functions of the Bureau,
the office of the Chief Cadastral Engineer was abolished, and the functions of that office have been delegated to the Director of the Bureau of Land Management. See 43 C.F.R. § 9180.0–3(a)(1).
‘‘Director of the Bureau of Land Management’’ was
substituted for ‘‘Commissioner of the General Land Office’’ following the words ‘‘register to the’’ in sentence
beginning ‘‘After such judgment’’ and in sentence beginning ‘‘If it appears’’ following the words ‘‘judgment
roll to the’’ on authority of Reorg. Plan No. 3 of 1946,
set § 403, set out in the Appendix to Title 5. Section 403
of Reorg. Plan No. 3 of 1946, abolished the office of the
Commissioner of the General Land Office and consolidated the functions of the General Land Office with the
Grazing Service to form the Bureau of Land Management.
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, set out in the Appendix to Title
5.

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

TITLE 30—MINERAL LANDS AND MINING

§ 32

(Apr. 26, 1882, ch. 106, § 1, 22 Stat. 49.)
§ 32. Findings by jury; costs
If, in any action brought pursuant to section
30 of this title, title to the ground in controversy shall not be established by either
party, the jury shall so find, and judgment shall
be entered according to the verdict. In such case
costs shall not be allowed to either party, and
the claimant shall not proceed in the land office
or be entitled to a patent for the ground in controversy until he shall have perfected his title.
(Mar. 3, 1881, ch. 140, 21 Stat. 505.)
§ 33. Existing rights
All patents for mining claims upon veins or
lodes issued prior to May 10, 1872, shall convey
all the rights and privileges conferred by sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to
52, 71 to 76 of this title and section 661 of title
43 where no adverse rights existed on the 10th
day of May, 1872.
(R.S. § 2328.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2328 derived from act May 10, 1872, ch. 152, § 9,
17 Stat. 94.
Provision of this section respecting prosecution of applications for patents for mining claims in General
Land Office, pending May 10, 1872, was omitted from the
Code.

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

Page 16

sistent descriptions or calls in the patent descriptions shall give way thereto.
(R.S. § 2327; Apr. 28, 1904, ch. 1796, 33 Stat. 545;
Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60
Stat. 1100.)
CODIFICATION
R.S. § 2327 derived from act May 10, 1872, ch. 152, § 8,
17 Stat. 94.
AMENDMENTS
1925—Act Mar. 3, 1925, affected words now reading
‘‘United States supervisor of surveys’’ in first and second sentences of text. These words formerly read ‘‘the
surveyor-general.’’ This act abolished the office of surveyor general, and transferred to and consolidated with
the Field Surveying Service, under the jurisdiction of
the U.S. Supervisor of Surveys, the administration,
equipment, etc., of such office.
TRANSFER OF FUNCTIONS
Director of the Bureau of Land Management, substituted for United States Supervisor of Surveys wherever appearing. In the establishment of the Bureau of
Land Management by Reorg. Plan No. 3 of 1946, § 403,
eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in
the Appendix to Title 5, Government Organization and
Employees, the office of Supervisor of Surveys was
abolished and the functions and powers were transferred to the Secretary of the Interior, to be performed
by such officers or agencies of the Department as might
be designated by the Secretary. Under that authority,
the functions and powers formerly exercised by the Supervisor of Surveys were delegated to the Chief Cadastral Engineer, subject to the supervision of the Director of the Bureau of Land Management. In the general
reorganization and realignment of functions of the Bureau, the office of the Chief Cadastral Engineer was
abolished, and the functions of that office have been
delegated to the Director of the Bureau of Land Management. See 43 C.F.R. § 9180.0–3(a)(1).
See also note set out under section 1 of this title.

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

Page 17

TITLE 30—MINERAL LANDS AND MINING

mains, such fractional portion of agricultural
land may be entered by any party qualified by
law, for homestead purposes.
(R.S. §§ 2329, 2331; Mar. 3, 1891, ch. 561, § 4, 26 Stat.
1097.)
CODIFICATION
R.S. § 2329 derived from act July 9, 1870, ch. 235, § 12,
16 Stat. 217.
R.S. § 2331 derived from act May 10, 1872, ch. 152, § 10,
17 Stat. 94.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 36. Subdivisions of 10-acre tracts; maximum of
placer locations; homestead claims of agricultural lands; sale of improvements
Legal subdivisions of forty acres may be subdivided into ten-acre tracts; and two or more
persons, or associations of persons, having contiguous claims of any size, although such claims
may be less than ten acres each, may make joint
entry thereof; but no location of a placer claim,
made after the 9th day of July 1870, shall exceed
one hundred and sixty acres for any one person
or association of persons, which location shall
conform to the United States surveys; and nothing in this section contained shall defeat or impair any bona fide homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser.
(R.S. § 2330; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.)
CODIFICATION
R.S. § 2330 derived from act July 9, 1870, ch. 235, § 12,
16 Stat. 217.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 37. Proceedings for patent where boundaries
contain vein or lode; application; statement
including vein or lode; issuance of patent:
acreage payments for vein or lode and placer
claim; costs of proceedings; knowledge affecting construction of application and scope
of patent
Where the same person, association, or corporation is in possession of a placer claim, and
also a vein or lode included within the boundaries thereof, application shall be made for a
patent for the placer claim, with the statement
that it includes such vein or lode, and in such
case a patent shall issue for the placer claim,
subject to the provisions of sections 21, 22 to 24,
26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this
title and section 661 of title 43, including such
vein or lode, upon the payment of $5 per acre for
such vein or lode claim, and twenty-five feet of
surface on each side thereof. The remainder of
the placer claim, or any placer claim not embracing any vein or lode claim, shall be paid for
at the rate of $2.50 per acre, together with all
costs of proceedings; and where a vein or lode,
such as is described in section 23 of this title, is

§ 39

known to exist within the boundaries of a placer
claim, an application for a patent for such placer claim which does not include an application
for the vein or lode claim shall be construed as
a conclusive declaration that the claimant of
the placer claim has no right of possession of
the vein or lode claim; but where the existence
of a vein or lode in a placer claim is not known,
a patent for the placer claim shall convey all
valuable mineral and other deposits within the
boundaries thereof.
(R.S. § 2333.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2333 derived from act May 10, 1872, ch. 152, § 11,
17 Stat. 94.

§ 38. Evidence of possession and work to establish right to patent
Where such person or association, they and
their grantors, have held and worked their
claims for a period equal to the time prescribed
by the statute of limitations for mining claims
of the State or Territory where the same may be
situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto
under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to
48, 50 to 52, 71 to 76 of this title and section 661
of title 43, in the absence of any adverse claim;
but nothing in such sections shall be deemed to
impair any lien which may have attached in any
way whatever to any mining claim or property
thereto attached prior to the issuance of a patent.
(R.S. § 2332.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2332 derived from act July 9, 1870, ch. 235, § 13,
16 Stat. 217.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 39. Surveyors of mining claims
The Director of the Bureau of Land Management may appoint in each land district containing mineral lands as many competent surveyors
as shall apply for appointment to survey mining
claims. The expenses of the survey of vein or
lode claims, and the survey and subdivision of
placer claims into smaller quantities than one
hundred and sixty acres, together with the cost
of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain

§ 40

TITLE 30—MINERAL LANDS AND MINING

the same at the most reasonable rates, and they
shall also be at liberty to employ any United
States deputy surveyor to make the survey. The
Director of the Bureau of Land Management
shall also have power to establish the maximum
charges for surveys and publication of notices
under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to
48, 50 to 52, 71 to 76 of this title and section 661
of title 43; and, in case of excessive charges for
publication, he may designate any newspaper
published in a land district where mines are situated for the publication of mining notices in
such district, and fix the rates to be charged by
such paper; and, to the end that the Director
may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with
all fees and money paid the register of the land
office, which statement shall be transmitted,
with the other papers in the case, to the Director of the Bureau of Land Management.
(R.S. § 2334; Mar. 3, 1925, ch. 462, 43 Stat. 1144,
1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2334 derived from act May 10, 1872, ch. 152, § 12,
17 Stat. 95.
AMENDMENTS

Page 18

pendix to Title 5. Section 403 of Reorg. Plan No. 3 of
1946, abolished the office of the Commissioner of the
General Land Office and consolidated the functions of
the General Land Office with the Grazing Service to
form the Bureau of Land Management.
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, set out in the Appendix to Title
5.
See also note set out under section 1 of this title.

§ 40. Verification of affidavits
All affidavits required to be made under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to
52, 71 to 76 of this title, and section 661 of title
43 may be verified before any officer authorized
to administer oaths within the land district
where the claims may be situated, and all testimony and proofs may be taken before any such
officer, and, when duly certified by the officer
taking the same, shall have the same force and
effect as if taken before the register of the land
office. In cases of contest as to the mineral or
agricultural character of land, the testimony
and proofs may be taken as herein provided on
personal notice of at least ten days to the opposing party; or if such party cannot be found, then
by publication of at least once a week for thirty
days in a newspaper, to be designated by the register of the land office as published nearest to
the location of such land; and the register shall
require proof that such notice has been given.
(R.S. § 2335; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11
F.R. 7876, 60 Stat. 1100.)
REFERENCES IN TEXT

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

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

TRANSFER OF FUNCTIONS

R.S. § 2335 derived from act May 10, 1872, ch. 152, § 13,
17 Stat. 95.

Director of the Bureau of Land Management substituted for United States Supervisor of Surveys in sentence beginning ‘‘The Director of the Bureau of Land
Management may appoint’’. In the establishment of the
Bureau of Land Management by Reorg. Plan No. 3 of
1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,
set out in the Appendix to Title 5, Government Organization and Employees, the office of Supervisor of Surveys was abolished and the functions and powers were
transferred to the Secretary of the Interior, to be performed by such officers or agencies of the Department
as might be designated by the Secretary. Under that
authority, the functions and powers formerly exercised
by the Supervisor of Surveys were delegated to the
Chief Cadastral Engineer, subject to the supervision of
the Director of the Bureau of Land Management. In the
general reorganization and realignment of functions of
the Bureau, the office of the Chief Cadastral Engineer
was abolished, and the functions of that office have
been delegated to the Director of the Bureau of Land
Management. See 43 C.F.R. § 9180.0–3(a)(1).
In sentence beginning ‘‘The Director of the Bureau of
Land Management shall also have power’’, ‘‘Director of
the Bureau of Land Management’’ substituted for
‘‘Commissioner of the General Land Office’’ in two instances and ‘‘Director’’ for ‘‘Commissioner’’ on authority of Reorg. Plan No. 3 of 1946, § 403, set out in the Ap-

CODIFICATION

AMENDMENTS
1925—Act Mar. 3, 1925, affected words in first sentence
of text, now reading ‘‘before the register of the land office.’’ Such words formerly read ‘‘before the register
and receiver of the land-office.’’ Such act is treated
more fully in note under section 29 of this title.
TRANSFER OF FUNCTIONS
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees.
See also note set out under section 1 of this title.

§ 41. Intersecting or crossing veins
Where two or more veins intersect or cross
each other, priority of title shall govern, and
such prior location shall be entitled to all ore or
mineral contained within the space of intersection; but the subsequent location shall have the
right-of-way through the space of intersection

Page 19

TITLE 30—MINERAL LANDS AND MINING

for the purposes of the convenient working of
the mine. And where two or more veins unite,
the oldest or prior location shall take the vein
below the point of union, including all the space
of intersection.

§ 47

age, and other necessary means to their complete development; and those conditions shall be
fully expressed in the patent.
(R.S. § 2338.)
CODIFICATION

(R.S. § 2336.)
CODIFICATION
R.S. § 2336 derived from act May 10, 1872, ch. 152, § 14,
17 Stat. 96.

§ 42. Patents for nonmineral lands: application,
survey, notice, acreage limitation, payment
(a) Vein or lode and mill site owners eligible
Where nonmineral land not contiguous to the
vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling
purposes, such nonadjacent surface ground may
be embraced and included in an application for
a patent for such vein or lode, and the same may
be patented therewith, subject to the same preliminary requirements as to survey and notice
as are applicable to veins or lodes; but no location made on and after May 10, 1872, of such nonadjacent land shall exceed five acres, and payment for the same must be made at the same
rate as fixed by sections 21, 22 to 24, 26 to 28, 29,
30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43 for the superficies of the lode.
The owner of a quartz mill or reduction works,
not owning a mine in connection therewith, may
also receive a patent for his mill site, as provided in this section.
(b) Placer claim owners eligible
Where nonmineral land is needed by the proprietor of a placer claim for mining, milling,
processing, beneficiation, or other operations in
connection with such claim, and is used or occupied by the proprietor for such purposes, such
land may be included in an application for a patent for such claim, and may be patented therewith subject to the same requirements as to survey and notice as are applicable to placers. No
location made of such nonmineral land shall exceed five acres and payment for the same shall
be made at the rate applicable to placer claims
which do not include a vein or lode.
(R.S. § 2337; Pub. L. 86–390, Mar. 18, 1960, 74 Stat.
7.)
REFERENCES IN TEXT

R.S. § 2338 derived from act July 26, 1866, ch. 262, § 5,
14 Stat. 252.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

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

§ 46. Additional land districts and officers
The President is authorized to establish additional land districts, and to appoint the necessary officers under existing laws, wherever he
may deem the same necessary for the public
convenience in executing the provisions of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to
52, 71 to 76 of this title and section 661 of title
43.
(R.S. § 2343.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2343 derived from act July 26, 1866, ch. 262, § 7,
14 Stat. 252.
DELEGATION OF FUNCTIONS
For delegation to the Secretary of the Interior of authority vested in the President by this section, see Ex.
Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a
note under section 301 of Title 3, The President.
SUBMERGED LANDS ACT

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

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

CODIFICATION

§ 47. Impairment of rights or interests in certain
mining property

R.S. § 2337 derived from act May 10, 1872, ch. 152, § 15,
17 Stat. 96.
AMENDMENTS
1960—Pub. L. 86–390 designated existing provisions as
subsec. (a) and added subsec. (b).

§ 43. Conditions of sale by local legislature
As a condition of sale, in the absence of necessary legislation by Congress, the local legislature of any State or Territory may provide rules
for working mines, involving easements, drain-

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

§ 48

TITLE 30—MINERAL LANDS AND MINING

(R.S. § 2344.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52,
71 to 76 of this title and section 661 of title 43, referred
to in text, were in the original ‘‘this chapter’’, meaning
chapter 6 of title 32 of the Revised Statutes, consisting
of R.S. §§ 2318 to 2352.
CODIFICATION
R.S. § 2344 derived from acts July 9, 1870, ch. 235, § 17,
16 Stat. 218; May 10, 1872, ch. 152, § 16, 17 Stat. 96.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 48. Lands in Michigan, Wisconsin, and Minnesota; sale and disposal as public lands
Except as otherwise provided in chapter 3A of
this title, the provisions of sections 21, 22 to 24,
26 to 28, 29, 30, 33 to 47, 51, and 52 of this title and
section 661 of title 43 shall not apply to the mineral lands situated in the States of Michigan,
Wisconsin, and Minnesota, which are declared
free and open to exploration and purchase, according to legal subdivisions, in like manner as
before the 10th day of May 1872. And any bona
fide entries of such lands within the States
named since the 10th day of May 1872 may be
patented without reference to such sections of
this title. Such lands shall be offered for public
sale in the same manner, and at the same minimum price, as other public lands.
(R.S. § 2345; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097;
Feb. 25, 1920, ch. 85, § 1, 41 Stat. 437.)
REFERENCES IN TEXT
Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 47, 51 and
52 of this title and section 661 of title 43, referred to in
text, were in the original ‘‘the preceding provisions of
this chapter’’, meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. §§ 2318 to 2344.
CODIFICATION
R.S. § 2345 derived from act Feb. 18, 1873, ch. 159, 17
Stat. 465.
AMENDMENTS
1920—The exception clause has been inserted at beginning of this section because of act Feb. 25, 1920, which
provided that deposits of coal, phosphate, sodium, oil,
oil shale, or gas, and lands containing such deposits
owned by the United States, shall be subject to disposition in the form and manner provided by this act.

§ 49. Lands in Missouri and Kansas; disposal as
agricultural lands
Except as otherwise provided in chapter 3A of
this title, within the States of Missouri and
Kansas deposits of coal, iron, lead, or other mineral are excluded from the operation of sections
22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and
47 of this title, and all lands in said States shall
be subject to disposal as agricultural lands.
(May 5, 1876, ch. 91, 19 Stat. 52; Feb. 25, 1920, ch.
85, § 1, 41 Stat. 437.)
REFERENCES IN TEXT
Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42,
and 47 of this title, referred to in text, were in the

Page 20

original ‘‘the act entitled ‘An act to promote the development of mining resources of the United States’ approved May tenth, eighteen hundred and seventy-two’’,
meaning act May 10, 1872, ch. 152, 17 Stat. 91, popularly
known as the Mining Act of 1872. That act was incorporated into the Revised Statutes as R.S. §§ 2319 to 2328,
2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and
47 of this title. For complete classification of R.S.
§§ 2319 to 2328, 2331, 2333 to 2337, and 2344 to the Code, see
Tables.
AMENDMENTS
1920—The exception clause has been inserted at beginning of this section because of act Feb. 25, 1920, which
provided that deposits of coal, phosphate, sodium, oil,
oil shale, or gas, and lands containing such deposits
owned by the United States, shall be subject to disposition in the form and manner provided by such act.

§ 49a. Mining laws of United States extended to
Alaska; exploration and mining for precious
metals; regulations; conflict of laws; permits;
dumping tailings; pumping from sea; reservation of roadway; title to land below line of
high tide or high-water mark; transfer of
title to future State
The laws of the United States relating to mining claims, mineral locations, and rights incident thereto are extended to the Territory of
Alaska: Provided, That, subject only to the laws
enacted by Congress for the protection and preservation of the navigable waters of the United
States, and to the laws for the protection of fish
and game, and subject also to such general rules
and regulations as the Secretary of the Interior
may prescribe for the preservation of order and
the prevention of injury to the fish and game,
all land below the line of ordinary high tide on
tidal waters and all land below the line of ordinary high-water mark on nontidal water navigable in fact, within the jurisdiction of the
United States, shall be subject to exploration
and mining for gold and other precious metals,
and in the Chilkat River, and its tributaries,
within two and three-tenths miles of United
States survey numbered 991 for all metals, by
citizens of the United States, or persons who
have legally declared their intentions to become
such, under such reasonable rules and regulations as the miners in organized mining districts
may have heretofore made or may hereafter
make governing the temporary possession thereof for exploration and mining purposes until
otherwise provided by law: Provided further,
That the rules and regulations established by
the miners shall not be in conflict with the mining laws of the United States; and no exclusive
permit shall be granted by the Secretary of the
Interior authorizing any person or persons, corporation, or company to excavate or mine under
any of said waters, and if such exclusive permit
has been granted it is revoked and declared null
and void. The rules and regulations prescribed
by the Secretary of the Interior under this section shall not, however, deprive miners on the
beach of the right given to dump tailings into or
pump from the sea opposite their claims, except
where such dumping would actually obstruct
navigation or impair the fish and game, and the
reservation of a roadway sixty feet wide under
section 687a–2 1 of title 43, shall not apply to
1 See

References in Text note below.

Page 21

TITLE 30—MINERAL LANDS AND MINING

mineral lands or town sites. No person shall acquire by virtue of this section any title to any
land below the line of ordinary high tide or the
line of ordinary high-water mark, as the case
may be, of the waters described in this section.
Any rights or privileges acquired hereunder with
respect to mining operations in land, title to
which is transferred to a future State upon its
admission to the Union and which is situated
within its boundaries, shall be terminable by
such State, and the said mining operations shall
be subject to the laws of such State.
(June 6, 1900, ch. 786, title I, § 26, 31 Stat. 329;
May 31, 1938, ch. 297, 52 Stat. 588; Aug. 8, 1947, ch.
514, § 1, 61 Stat. 916; Pub. L. 85–662, Aug. 14, 1958,
72 Stat. 615.)
REFERENCES IN TEXT
Section 687a–2 of title 43, referred to in text, was repealed by Pub. L. 94–579, title VII, §§ 703(a), 704(a), Oct.
21, 1976, 90 Stat. 2789, 2792.
CODIFICATION
Section was formerly classified to section 381 of Title
48, Territories and Insular Possessions.
AMENDMENTS
1958—Pub. L. 85–662 substituted ‘‘fish and game’’ for
‘‘fisheries’’ in three places, and inserted provisions permitting mining for all metals in Chilkat River, and its
tributaries, within two and three-tenths miles of
United States survey numbered 991.
1947—Act Aug. 8, 1947, permitted exploration for and
mining of gold and other precious metals in beds of
navigable streams.
1938—Act May 31, 1938, extended waters subject to exploration and mining for gold to include all water on
shores, bays, and inlets of Alaska, and substituted Secretary of the Interior for Secretary of War, among
other changes.

§ 49d

were repealed by section 1 of act May 4, 1934. See sections 35 to 37 and 49b of this title.
CODIFICATION
Section was formerly classified to sections 119 and
381a of Title 48, Territories and Insular Possessions.
EFFECTIVE DATE
Section 3 of act May 4, 1934, provided that: ‘‘This Act
[enacting this section] shall take effect thirty days
subsequent to the date of convening of the first regular
session of the Alaska Territorial Legislature which is
held after the passage of this Act [May 4, 1934].’’
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

§ 49c. Recording notices of location of Alaskan
mining claims
Notices of location of mining claims shall be
filed for record within ninety days from the date
of the discovery of the claim described in the notice, and all instruments shall be recorded in the
recording district in which the property or subject matter affected by the instrument is situated, and where the property or subject matter
is not situated in any established recording district the instrument affecting the same shall be
recorded in the office of the clerk of the division
of the court having supervision over the recording division in which such property or subject
matter is situated.
(June 6, 1900, ch. 786, title I, § 15, 31 Stat. 327.)

ADMISSION OF ALASKA AS STATE

CODIFICATION

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

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

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

§ 49b. Mining laws relating to placer claims extended to Alaska
The general mining laws of the United States
so far as they are applicable to placer-mining
claims, as prior to May 4, 1934, extended to the
Territory of Alaska, are declared to be in full
force and effect in said Territory: Provided, That
nothing herein shall be held to change or affect
the rights acquired by locators or owners of
placer-mining claims prior to May 4, 1934, located in said Territory under act August 1, 1912
(37 Stat. 242, 243) and amendatory act March 3,
1925 (43 Stat. 1118).
(May 4, 1934, ch. 211, § 2, 48 Stat. 663.)
REFERENCES IN TEXT
Act August 1, 1912 (37 Stat. 242, 243) and amendatory
act March 3, 1925 (43 Stat. 1118), referred to in text,

§ 49d. Miners’ regulations for recording notices
in Alaska; certain records legalized
Miners in any organized mining district may
make rules and regulations governing the recording of notices of location of mining claims,
water rights, flumes and ditches, mill sites and
affidavits of labor, not in conflict with this Act
or the general laws of the United States; and
nothing in this Act shall be construed so as to
prevent the miners in any regularly organized
mining district not within any recording district established by the court from electing
their own mining recorder to act as such until a
recorder therefor is appointed by the court: Provided further, All records regularly made by the
United States commissioner prior to June 6,
1900, at Dyea, Skagway, and the recorder at
Douglas City, not in conflict with any records
regularly made with the United States commissioner at Juneau, are legalized. And all records
made in good faith prior to June 6, 1900, in any
regularly organized mining district are made
public records.
(June 6, 1900, ch. 786, title I, § 16, 31 Stat. 328.)

§ 49e

TITLE 30—MINERAL LANDS AND MINING

Page 22

REFERENCES IN TEXT

ADMISSION OF ALASKA AS STATE

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

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

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

§ 49e. Annual labor or improvements on Alaskan
mining claims; affidavits; burden of proof;
forfeitures; location anew of claims; perjury
During each year and until patent has been issued therefor, at least $100 worth of labor shall
be performed or improvements made on, or for
the benefit or development of, in accordance
with existing law, each mining claim in Alaska
heretofore or hereafter located. And the locator
or owner of such claim or some other person
having knowledge of the facts may also make
and file with the said recorder of the district in
which the claims shall be situated an affidavit
showing the performance of labor or making of
improvements to the amount of $100 as aforesaid
and specifying the character and extent of such
work. Such affidavits shall set forth the following: First, the name or number of the mining
claims and where situated; second, the number
of days’ work done and the character and value
of the improvements placed thereon; third, the
date of the performance of such labor and of
making improvements; fourth, at whose instance the work was done or the improvements
made; fifth, the actual amount paid for work
and improvement, and by whom paid when the
same was not done by the owner. Such affidavit
shall be prima facie evidence of the performance
of such work or making of such improvements,
but if such affidavits be not filed within the
time fixed by this section the burden of proof
shall be upon the claimant to establish the performance of such annual work and improvements. And upon failure of the locator or owner
of any such claim to comply with the provisions
of this section, as to performance of work and
improvements, such claim shall become forfeited and open to location by others as if no location of the same had ever been made. The affidavits required may be made before any officer
authorized to administer oaths, and the provisions of sections 1621 and 1622 of title 18, are extended to such affidavits. Said affidavits shall be
filed not later than ninety days after the close
of the year in which such work is performed.
(Mar. 2, 1907, ch. 2559, § 1, 34 Stat. 1243.)
CODIFICATION
‘‘Sections 1621 and 1622 of title 18’’ substituted in text
for ‘‘sections fifty-three hundred and ninety-two and
fifty-three hundred ninety-three of the Revised Statutes’’, which had been classified to section 231 and 232
of former Title 18, Criminal Code and Criminal Procedure, on authority of act June 25, 1948, ch. 645, 62 Stat.
683, the first section of which enacted Title 18, Crimes
and Criminal Procedure.
Section was formerly classified to section 384 of Title
48, Territories and Insular Possessions.

§ 49f. Fees of recorders in Alaska for filing proofs
of work and improvements
The recorders for the several divisions or districts of Alaska shall collect the sum of $1.50 as
a fee for the filing, recording, and indexing annual proofs of work and improvements for each
claim so recorded under the provisions of section 49e of this title.
(Mar. 2, 1907, ch. 2559, § 2, 34 Stat. 1243.)
CODIFICATION
Section was formerly classified to section 385 of Title
48, Territories and Insular Possessions.
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

§ 50. Grants to States or corporations not to include mineral lands
No act passed at the first session of the Thirty-eighth Congress, granting lands to States or
corporations to aid in the construction of roads
or for other purposes, or to extend the time of
grants made prior to the 30th day of January
1865 shall be so construed as to embrace mineral
lands, which in all cases are reserved exclusively
to the United States, unless otherwise specially
provided in the act or acts making the grant.
(R.S. § 2346.)
REFERENCES IN TEXT
The first session of the Thirty-eighth Congress, referred to in text, was begun Dec. 7, 1863, and ended July
4, 1864, 13 Stat. 1 to 417, contain legislation passed at
such session.
CODIFICATION
R.S. § 2346 derived from Res. Jan. 30, 1865, No. 10, 13
Stat. 567.

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

Page 23

TITLE 30—MINERAL LANDS AND MINING

damage shall be liable to the party injured for
such injury or damage.
(R.S. § 2339.)
REPEALS
Provision of this section, ‘‘and the right-ofway for the construction of ditches and canals
for the purposes herein specified is acknowledged and confirmed; but whenever any person,
in the construction of any ditch or canal, injures or damages the possession of any settler
on the public domain, the party committing
such injury or damage shall be liable to the
party injured for such injury or damage.’’ was
repealed by Pub. L. 94–579, title VII, § 706(a),
Oct. 21, 1976, 90 Stat. 2793, effective on and
after Oct. 21, 1976, insofar as applicable to the
issuance of rights-of-way over, upon, under,
and through the public lands and lands in the
National Forest System.
CODIFICATION
R.S. § 2339 derived from act July 26, 1866, ch. 262, § 9,
14 Stat. 253.
Section is also set out as the first par. of section 661
of Title 43, Public Lands.
SAVINGS PROVISION
Repeal by Pub. L. 94–579, title VII, § 706(a), Oct. 21,
1976, 90 Stat. 2793, insofar as applicable to the issuance
of rights-of-way not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21,
1976, see note set out under section 1701 of Title 43, Public Lands.
SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.

§ 52. Patents or homesteads subject to vested and
accrued water rights
All patents granted, or homesteads allowed,
shall be subject to any vested and accrued water
rights, or rights to ditches and reservoirs used
in connection with such water rights, as may
have been acquired under or recognized by section 51 of this title.
(R.S. § 2340; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.)
REPEALS
Provision of this section, ‘‘, or rights to
ditches and reservoirs used in connection with
such water rights,’’ was repealed by Pub. L.
94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat.
2793, effective on and after Oct. 21, 1976, insofar
as applicable to the issuance of rights-of-way
over, upon, under, and through the public
lands and lands in the National Forest System.
CODIFICATION
R.S. § 2340 derived from act July 9, 1870, ch. 235, § 17,
16 Stat. 218.
Section is also set out as the second par. of section
661 of Title 43, Public Lands.
SAVINGS PROVISION
Repeal by Pub. L. 94–579, title VII, § 706(a), Oct. 21,
1976, 90 Stat. 2793, insofar as applicable to the issuance
of rights-of-way not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21,
1976, see note set out under section 1701 of Title 43, Public Lands.

§ 54

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

§ 53. Possessory actions for recovery of mining
titles or for damages to such title
No possessory action between persons, in any
court of the United States, for the recovery of
any mining title, or for damages to any such
title, shall be affected by the fact that the paramount title to the land in which such mines lie
is in the United States; but each case shall be
adjudged by the law of possession.
(R.S. § 910.)
CODIFICATION
R.S. § 910 derived from act Feb. 27, 1865, ch. 64, § 9, 13
Stat. 441.
Section was formerly classified to section 690 of Title
28 prior to the general revision and enactment of Title
28, Judiciary and Judicial Procedure, by act June 25,
1948, ch. 646, § 1, 62 Stat. 869.

§ 54. Liability for damages to stock raising and
homestead entries by mining activities
Notwithstanding the provisions of any Act of
Congress to the contrary, any person who on and
after June 21, 1949 prospects for, mines, or removes by strip or open pit mining methods, any
minerals from any land included in a stock raising or other homestead entry or patent, and who
had been liable under such an existing Act only
for damages caused thereby to the crops or improvements of the entryman or patentee, shall
also be liable for any damage that may be
caused to the value of the land for grazing by
such prospecting for, mining, or removal of minerals. Nothing in this section shall be considered
to impair any vested right in existence on June
21, 1949.
(June 21, 1949, ch. 232, § 5, 63 Stat. 215.)
SIMILAR PROVISIONS
Provisions similar to this section were contained in
act June 17, 1949, ch. 221, § 2, 63 Stat. 201.

CHAPTER 3—LANDS CONTAINING COAL, OIL,
GAS, SALTS, ASPHALTIC MATERIALS, SODIUM, SULPHUR, AND BUILDING STONE
SUBCHAPTER I—COAL LAND ENTRIES IN
GENERAL
Sec.

71.

Entry of unappropriated or unreserved Federal coal lands; eligibility; application;
acreage limitation; price per acre.
72.
Preference right of coal mine entry; acreage
limitation.
73.
Presentation of claims.
74.
Number of coal land entries; other entries
upon noncompliance with conditions.
75.
Conflicting claims upon coal lands; rules and
regulations.
76.
Reservation of rights upon coal lands; sale of
certain mining lands.
77.
Alabama coal lands; agricultural entry.
SUBCHAPTER II—COAL LAND ENTRIES UNDER
NONMINERAL LAND LAWS WITH RESERVATION
OF COAL TO UNITED STATES
81.

Rights of entrymen of lands subsequently
classified as coal lands; disposal of coal deposits.

TITLE 30—MINERAL LANDS AND MINING

§ 71
Sec.

82.

New or supplemental patents, in case of lands
subsequently classified as noncoal.
Homestead or desert-land and other entries.
Applications for entry.
Patents for lands, with reservation of coal;
disposal of coal deposits.
Disposition of lands in Indian reservations
with reservation of coal; examination and
appraisal of lands.
Statements in application; patents.
Disposition of coal by United States.
Disposition of proceeds.
Selection of coal lands by States; sale in isolated or disconnected tracts.

83.
84.
85.
86.

87.
88.
89.
90.

SUBCHAPTER III—PETROLEUM, OTHER MINERAL
OIL, OR GAS LAND ENTRIES UNDER MINING
LAWS
101.
102.
103.

104.

Omitted.
Assessment work on contiguous oil lands, located as claims, of same owner.
Patents for oil or gas lands not denied because of transfer before discovery of oil or
gas; acreage limitation; nonapplication to
withdraw lands.
Agreements with applicants for patents as to
disposition of oil or gas, or proceeds thereof, pending determination of title; Navy Petroleum Fund.

SUBCHAPTER IV—HOMESTEAD ENTRY OF LANDS
IN UTAH, WITHDRAWN OR CLASSIFIED AS OIL
LANDS
111 to 113. Repealed.
SUBCHAPTER
V—AGRICULTURAL
ENTRY
OF
LANDS WITHDRAWN OR CLASSIFIED AS CONTAINING PHOSPHATE, NITRATE, POTASH, OIL,
GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR
121.

122.

123.
124.

125.

Agricultural entry or purchase of lands withdrawn or classified as containing phosphate,
nitrate, potash, oil, or gas; reservations to
United States; application.
Patents; reservation in the United States of
reserved deposits; acquisition of right to remove deposits; application for entry to disprove classification.
Persons locating lands subsequently withdrawn or classified; patents to.
Agricultural entry or purchase of lands withdrawn or classified as containing sodium or
sulphur.
Patents in North Platte Reclamation Project;
mineral rights; subrogation.

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

Omitted.

SUBCHAPTER VII—PERMITS TO PROSPECT FOR
CHLORIDES,
SULPHATES,
CARBONATES,
BORATES, SILICATES, OR NITRATES OF POTASSIUM
141 to 152. Repealed.
SUBCHAPTER VIII—BUILDING STONE OR SALINE
LAND ENTRIES UNDER PLACER-MINING LAWS
161.
162.

Entry of building-stone lands; previous law
unaffected.
Entry of saline lands; limitation.

SUBCHAPTER IX—DISPOSAL OF ALABAMA LANDS
AS AGRICULTURAL LANDS
171.
172.

Disposal as agricultural lands.
Certain Alabama lands subject to homestead
entry.

Page 24

SUBCHAPTER I—COAL LAND ENTRIES IN
GENERAL
§ 71. Entry of unappropriated or unreserved Federal coal lands; eligibility; application; acreage limitation; price per acre
Every person above the age of twenty-one
years, who is a citizen of the United States, or
who has declared his intention to become such,
or any association of persons severally qualified
as above, shall, upon application to the register
of the proper land office, have the right to enter,
by legal subdivisions, any quantity of vacant
coal lands of the United States not otherwise
appropriated or reserved by competent authority, not exceeding one hundred and sixty acres
to such individual person, or three hundred and
twenty acres to such association, upon payment
to the register of not less than $10 per acre for
such lands, where the same shall be situated
more than fifteen miles from any completed
railroad, and not less than $20 per acre for such
lands as shall be within fifteen miles of such
road.
(R.S. § 2347; Mar. 3, 1925, ch. 462, 43 Stat. 1145.)
CODIFICATION
R.S. § 2347 derived from act Mar. 3, 1873, ch. 279, § 1, 17
Stat. 607.
AMENDMENTS
1925—Act Mar. 3, 1925, affected words which now read
‘‘upon payment to the register of not less than.’’ Such
words originally read ‘‘upon payment to the receiver of
not less than.’’ Such act consolidated the offices of receiver and register.
TRANSFER OF FUNCTIONS
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees.
See also note set out under section 1 of this title.
INDIAN LANDS EXCEPTED
Commenting on this section and sections 72 to 76 of
this title the Department of the Interior says:
‘‘While there may be some Indian lands still subject
to coal entry by virtue of the provisions of law opening
such lands to entry, the coal land laws generally were
superseded by the leasing Act of Feb. 25, 1920, 41 Stat.
437 [section 181 et seq. of this title], and it is at least
questionable whether the coal land laws should be carried into the Code.’’

§ 72. Preference right of coal mine entry; acreage
limitation
Any person or association of persons severally
qualified, as provided in section 71 of this title,
who have opened and improved, or shall open
and improve, any coal mine or mines upon the
public lands, and shall be in actual possession of
the same, shall be entitled to a preference right
of entry, under section 71 of this title, of the
mines so opened and improved: Provided, That
when any association of not less than four persons, severally qualified as provided in section
71 of this title, shall have expended not less than
$5,000 in working and improving any such mine
or mines, such association may enter not ex-

Page 25

TITLE 30—MINERAL LANDS AND MINING

§ 81

ceeding six hundred and forty acres, including
such mining improvements.

§ 75. Conflicting claims upon coal lands; rules
and regulations

(R.S. § 2348.)

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

CODIFICATION
R.S. § 2348 derived from act Mar. 3, 1873, ch. 279, § 2, 17
Stat. 607.
INDIAN LANDS EXCEPTED
See note set out under section 71 of this title.

§ 73. Presentation of claims
All claims under section 72 of this title must
be presented to the register of the proper land
district within sixty days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor; but when the
township plat is not on file at the date of such
improvement, filing must be made within sixty
days from the receipt of such plat at the district
office.
(R.S. § 2349.)

(R.S. § 2351; 1946 Reorg. Plan No. 3, § 403, eff. July
16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
CODIFICATION
R.S. § 2351 derived from act Mar. 3, 1873, ch. 279, § 5, 17
Stat. 608.
TRANSFER OF FUNCTIONS

CODIFICATION
R.S. § 2349 derived from act Mar. 3, 1873, ch. 279, § 3, 17
Stat. 607.
TRANSFER OF FUNCTIONS
Office of register of district land office abolished and
all functions of register transferred to Secretary of the
Interior, or to officers and agencies of Department of
the Interior as Secretary may designate, by Reorg.
Plan No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees.
See also note set out under section 1 of this title.
INDIAN LANDS EXCEPTED
See note set out under section 71 of this title.

§ 74. Number of coal land entries; other entries
upon noncompliance with conditions
Sections 71 to 73 of this title shall be held to
authorize only one entry by the same person or
association of persons; and no association of persons any member of which shall have taken the
benefit of such sections, either as an individual
or as a member of any other association, shall
enter or hold any other lands under the provisions thereof; and no member of any association
which shall have taken the benefit of such sections shall enter or hold any other lands under
their provisions; and all persons claiming under
section 72 of this title shall be required to prove
their respective rights and pay for the lands
filed upon within one year from the time prescribed for filing their respective claims; and
upon failure to file the proper notice, or to pay
for the land within the required period, the same
shall be subject to entry by any other qualified
applicant.
(R.S. § 2350.)
CODIFICATION
R.S. § 2350 derived from act Mar. 3, 1873, ch. 279, § 4, 17
Stat. 607.
INDIAN LANDS EXCEPTED
See note set out under section 71 of this title.

‘‘Director of the Bureau of Land Management’’ substituted in text for ‘‘Commissioner of the General Land
Office’’ on authority of Reorg. Plan No. 3 of 1946, § 403,
set out in the Appendix to Title 5, Government Organization and Employees.
See also note set out under section 1 of this title.
INDIAN LANDS EXCEPTED
See note set out under section 71 of this title.

§ 76. Reservation of rights upon coal lands; sale
of certain mining lands
Nothing in sections 71 to 75 of this title shall
be construed to destroy or impair any rights
which may have attached prior to the third day
of March, 1873, or to authorize the sale of lands
valuable for mines of gold, silver, or copper.
(R.S. § 2352.)
CODIFICATION
R.S. § 2352 derived from act Mar. 3, 1873, ch. 279, § 6, 17
Stat. 608.
INDIAN LANDS EXCEPTED
See note set out under section 71 of this title.

§ 77. Alabama coal lands; agricultural entry
Unreserved public lands containing coal deposits in the State of Alabama which on April 23,
1912, were being withheld from homestead entry
under the provisions of section 171 of this title,
may be entered under the homestead laws of the
United States subject to the provisions, terms,
conditions, and limitations prescribed in sections 83 to 85 of this title.
(Apr. 23, 1912, ch. 87, 37 Stat. 90.)
SUBCHAPTER II—COAL LAND ENTRIES
UNDER NONMINERAL LAND LAWS WITH
RESERVATION OF COAL TO UNITED
STATES
§ 81. Rights of entrymen of lands subsequently
classified as coal lands; disposal of coal deposits
Any person who has in good faith located, selected, or entered under the nonmineral land

§ 82

TITLE 30—MINERAL LANDS AND MINING

laws of the United States any lands which subsequently are classified, claimed, or reported as
being valuable for coal, may, if he shall so elect,
and upon making satisfactory proof of compliance with the laws under which such lands are
claimed, receive a patent therefor, which shall
contain a reservation to the United States of all
coal in said lands, and the right to prospect for,
mine, and remove the same. The coal deposits in
such lands shall be subject to disposal by the
United States in accordance with the provisions
of the coal land laws in force at the time of such
disposal, but no person shall enter upon said
lands to prospect for, or mine and remove coal
therefrom, without previous consent of the
owner under such patent, except upon such conditions as to security for and payment of all
damages to such owner caused thereby as may
be determined by a court of competent jurisdiction. The owner under such patent shall have
the right to mine coal for use on the land for domestic purposes prior to the disposal by the
United States of the coal deposit. Nothing herein contained shall be held to affect or abridge
the right of any locator, selector, or entryman
to a hearing for the purpose of determining the
character of the land located, selected, or entered by him. Such locator, selector, or entryman who has made or shall make final proof
showing good faith and satisfactory compliance
with the law under which his land is claimed
shall be entitled to a patent without reservation
unless at the time of such final proof and entry
it shall be shown that the land is chiefly valuable for coal.
(Mar. 3, 1909, ch. 270, 35 Stat. 844.)
PROTECTION OF SANCTITY OF CONTRACTS AND LEASES
OF SURFACE PATENT HOLDERS WITH RESPECT TO
COALBED METHANE GAS
Pub. L. 105–367, § 1, Nov. 10, 1998, 112 Stat. 3313, provided that:
‘‘(a) IN GENERAL.—Subject to subsection (b), the
United States shall recognize as not infringing upon
any ownership rights of the United States to coalbed
methane any—
‘‘(1) contract or lease covering any land that was
conveyed by the United States under the Act entitled
‘An Act for the protection of surface rights of entrymen’, approved March 3, 1909 (30 U.S.C. 81), or the Act
entitled ‘An Act to provide for agricultural entries on
coal lands’, approved June 22, 1910 (30 U.S.C. 83 et
seq.), that was—
‘‘(A) entered into by a person who has title to said
land derived under said Acts, and
‘‘(B) that conveys rights to explore for, extract,
and sell coalbed methane from said land; or
‘‘(2) coalbed methane production from the lands described in subsection (a)(1) by a person who has title
to said land and who, on or before the date of enactment of this Act [Nov. 10, 1998], has filed an application with the State oil and gas regulating agency for
a permit to drill an oil and gas well to a completion
target located in a coal formation.
‘‘(b) APPLICATION.—Subsection (a)—
‘‘(1) shall apply only to a valid contract or lease described in subsection (a) that is in effect on the date
of enactment of this Act;
‘‘(2) shall not otherwise change the terms or conditions of, or affect the rights or obligations of any person under such a contract or lease;
‘‘(3) shall apply only to land with respect to which
the United States is the owner of coal reserved to the
United States in a patent issued under the Act of
March 3, 1909 (30 U.S.C. 81), or the Act of June 22, 1910

Page 26

(30 U.S.C. 83 et seq.), the position of the United States
as the owner of the coal not having passed to a third
party by deed, patent or other conveyance by the
United States;
‘‘(4) shall not apply to any interest in coal or land
conveyed, restored, or transferred by the United
States to a federally recognized Indian tribe, including any conveyance, restoration, or transfer made
pursuant to the Indian Reorganization Act, June 18,
1934 (c. 576, 48 Stat. 984, as amended) [25 U.S.C. 461 et
seq.]; the Act of June 28, 1938 (c. 776, 52 Stat. 1209 as
implemented by the order of September 14, 1938, 3
Fed. Reg. 1425); and including the area described in
section 3 of Public Law 98–290 [25 U.S.C. 668 note]; or
any executive order;
‘‘(5) shall not be construed to constitute a waiver of
any rights of the United States with respect to coalbed methane production that is not subject to subsection (a); and
‘‘(6) shall not limit the right of any person who entered into a contract or lease before the date of enactment of this Act [Nov. 10, 1998], or enters into a
contract or lease on or after the date of enactment of
this Act, for coal owned by the United States, to
mine and remove the coal and to release coalbed
methane without liability to any person referred to
in subsection (a)(1)(A) or (a)(2).’’
Similar provisions were contained in Pub. L. 105–277,
div. A, § 101(e) [title III, § 349], Oct. 21, 1998, 112 Stat.
2681–231, 2681–300.
LANDS IN NORTH PLATTE RECLAMATION PROJECT;
MINERAL RIGHTS
Patents for lands in North Platte Reclamation Project not to contain reservations of minerals in certain
cases, see section 125 of this title.

§ 82. New or supplemental patents, in case of
lands subsequently classified as noncoal
The Secretary of the Interior is authorized and
directed in cases where patents for public lands
have been issued to entrymen under the provisions of sections 81 and 83 to 85 of this title, reserving to the United States all coal deposits
therein, and lands so patented are subsequently
classified as noncoal in character, to issue new
or supplemental patents without such reservation.
(Apr. 14, 1914, ch. 55, 38 Stat. 335.)
§ 83. Homestead or desert-land and other entries
Unreserved public lands of the United States
exclusive of Alaska which have been withdrawn
or classified as coal lands, or are valuable for
coal, shall be subject to appropriate entry under
the homestead laws by actual settlers only, the
desert-land law, to selection under section 641 of
title 43, and to withdrawal under the Act approved June seventeenth, nineteen hundred and
two, known as the Reclamation Act, whenever
such entry, selection, or withdrawal shall be
made with a view of obtaining or passing title,
with a reservation to the United States of the
coal in such lands and of the right to prospect
for, mine, and remove the same. But all homestead entries made hereunder shall be subject to
the conditions, as to residence and cultivation,
of entries under section 218 of title 43. Those
who have initiated nonmineral entries, selections, or locations in good faith, prior to June
22, 1910, on lands withdrawn or classified as coal
lands may perfect the same under the provisions
of the laws under which said entries were made,
but shall receive the limited patent provided for
in sections 83 to 85 of this title.

Page 27

TITLE 30—MINERAL LANDS AND MINING

(June 22, 1910, ch. 318, § 1, 36 Stat. 583; June 16,
1955, ch. 145, § 1, 69 Stat. 138.)
REFERENCES IN TEXT
The Act approved June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902,
ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12
(§ 371 et seq.) of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title
note set out under section 371 of Title 43 and Tables.
AMENDMENTS
1955—Act June 16, 1955, removed 160-acre limitation
on desert entry.
ADDITIONAL DESERT-LAND ENTRY
Section 3 of act June 16, 1955, as amended by Pub. L.
85–641, § 2, Aug. 14, 1958, 72 Stat. 596, provided that:
‘‘Any person who, prior to June 16, 1955, made a valid
desert-land entry on lands subject to such Act of June
22, 1910 [sections 83 to 85 of this title], or of July 17, 1914
[sections 121 to 123 of this title], may, if otherwise
qualified, make one additional entry, as a personal
privilege, not assignable, upon one or more tracts of
desert land subject to the provisions of such Acts, as
hereby amended, and section 7 of the Act entitled ‘An
Act to stop injury to the public grazing lands by preventing overgrazing and soil deterioration, to provide
for their orderly use, improvement, and development to
stabilize the livestock industry dependent upon the
public range, and for other purposes’, approved June 28,
1934, as amended (48 Stat. 1269, 1272; 43 U.S.C. 315f). The
additional land entered by any person pursuant to this
section shall not, together with his original entry, exceed three hundred and twenty acres, and all the tracts
included within the additional entry authorized by this
section shall be sufficiently close to each other to be
managed satisfactorily as an economic unit, as determined under rules and regulations issued by the Secretary of the Interior. Additional entries authorized by
this section shall be subject to all the requirements of
the desert-land law.’’
SUPPLEMENTAL PROVISIONS
Section 90 of this title, act Apr. 30, 1912, ch. 99, 37
Stat. 105, supplements this section by making provisions for the selection of coal lands by the several
States, and for their sale under the laws providing for
the sale of isolated or disconnected tracts of public
lands.

§ 84. Applications for entry
Any person desiring to make entry under the
homestead laws or the desert-land law, any
State desiring to make selection under section
641 of title 43, and the Secretary of the Interior
in withdrawing under the Reclamation Act lands
classified as coal lands, or valuable for coal,
with a view of securing or passing title to the
same in accordance with the provisions of said
Acts, shall state in the application for entry, selection, or notice of withdrawal that the same is
made in accordance with and subject to the provisions and reservations of sections 83 to 85 of
this title.
(June 22, 1910, ch. 318, § 2, 36 Stat. 584.)
REFERENCES IN TEXT
The Reclamation Act, referred to in text, is act June
17, 1902, ch. 1093, 32 Stat. 388, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 371 of
Title 43 and Tables.

§ 86

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

§ 85. Patents for lands, with reservation of coal;
disposal of coal deposits
Upon satisfactory proof of full compliance
with the provisions of the laws under which
entry is made, and of sections 83 to 85 of this
title, the entryman shall be entitled to a patent
to the land entered by him, which patent shall
contain a reservation to the United States of all
the coal in the lands so patented, together with
the right to prospect for, mine, and remove the
same. The coal deposits in such lands shall be
subject to disposal by the United States in accordance with the provisions of the coal-land
laws in force at the time of such disposal. Any
person qualified to acquire coal deposits or the
right to mine and remove the coal under the
laws of the United States shall have the right,
at all times, to enter upon the lands selected,
entered, or patented, as provided by sections 83
to 85 of this title, for the purpose of prospecting
for coal thereon upon the approval by the Secretary of the Interior of a bond or undertaking
to be filed with him as security for the payment
of all damages to the crops and improvements
on such lands by reason of such prospecting.
Any person who has acquired from the United
States the coal deposits in any such land, or the
right to mine or remove the same, may reenter
and occupy so much of the surface thereof as
may be required for all purposes reasonably incident to the mining and removal of the coal
therefrom, and mine and remove the coal, upon
payment of the damages caused thereby to the
owner thereof, or upon giving a good and sufficient bond or undertaking in an action instituted in any competent court to ascertain and
fix said damages. The owner under such limited
patent shall have the right to mine coal for use
upon the land for domestic purposes at any time
prior to the disposal by the United States of the
coal deposits. Nothing herein contained shall be
held to deny or abridge the right to present and
have prompt consideration of applications to locate, enter, or select, under the land laws of the
United States, lands which have been classified
as coal lands with a view of disproving such
classification and securing a patent without reservation.
(June 22, 1910, ch. 318, § 3, 36 Stat. 584.)
SUPPLEMENTAL PROVISIONS
See note set out under section 83 of this title.

§ 86. Disposition of lands in Indian reservations
with reservation of coal; examination and appraisal of lands
In any Indian reservation opened to settlement and entry pursuant to a classification of
the surplus lands therein as mineral and nonmineral, such surplus lands not otherwise reserved or disposed of, which have been or may be
withdrawn or classified as coal lands or are valuable for coal deposits, shall be subject to the
same disposition as is or may be prescribed by
law for the nonmineral lands in such reservation
whenever proper application shall be made with
a view of obtaining title to such lands, with a

§ 87

TITLE 30—MINERAL LANDS AND MINING

reservation to the United States of the coal deposits therein and of the right to prospect for,
mine, and remove the same. Such surplus lands,
prior to any disposition hereunder, shall be examined, separated into classes the same as are
the nonmineral lands in such reservations, and
appraised, as to their value, exclusive of the coal
deposits therein, under such rules and regulations as shall be prescribed by the Secretary of
the Interior for that purpose.
(Feb. 27, 1917, ch. 133, § 1, 39 Stat. 944.)
§ 87. Statements in application; patents
Any applicant for lands mentioned in section
86 of this title shall state in his application that
the same is made in accordance with and subject
to the provisions and reservations of sections 86
to 89 of this title, and upon submission of satisfactory proof of full compliance with the provisions of law under which application or entry is
made and of sections 86 to 89 of this title shall
be entitled to a patent to the lands applied for
and entered by him, which patent shall contain
a reservation to the United States of all the coal
deposits in the lands so patented, together with
the right to prospect for, mine, and remove the
same.
(Feb. 27, 1917, ch. 133, § 2, 39 Stat. 945.)
§ 88. Disposition of coal by United States
If the coal-land laws have been or shall be extended over lands applied for, entered, or patented hereunder the coal deposits therein shall
be subject to disposal by the United States in
accordance with the provisions of the coal-land
laws in force at the time of such disposal. Any
person qualified to acquire coal deposits or the
right to mine and remove the coal under the
laws of the United States shall have the right at
all times to enter upon the lands applied for, entered, or patented under sections 86 to 89 of this
title, for the purpose of prospecting for coal
thereon, if such coal deposits are then subject to
disposition, upon the approval by the Secretary
of the Interior of a bond or undertaking to be
filed with him as security for the payment of all
damages to the crops and improvements on such
lands by reason of such prospecting. Any person
who has acquired from the United States the
coal deposits in any such lands, or the right to
mine or remove the same, may reenter and occupy so much of the surface thereof as may be
required for all purposes reasonably incident to
the mining and removal of the coal therefrom,
and mine and remove the coal, upon payment of
the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or
undertaking in an action instituted in any competent court to ascertain and fix said damages.
The owner under such limited patent shall have
the right to mine coal for personal use upon the
land for domestic purposes at any time prior to
the disposal by the United States of the coal deposits. Nothing herein contained shall be held to
deny or abridge the right to present and have
prompt consideration of applications made
under the applicable land laws of the United
States for any such surplus lands which have
been or may be classified as coal lands with a

Page 28

view of disproving such classification and securing a patent without reservation.
(Feb. 27, 1917, ch. 133, § 3, 39 Stat. 945.)
§ 89. Disposition of proceeds
The net proceeds derived from the sale and
entry of surplus lands in conformity with the
provisions of sections 86 to 89 of this title shall
be paid into the Treasury of the United States
to the credit of the same fund under the same
conditions and limitations as are or may be prescribed by law for the disposition of the proceeds
arising from the disposal of other surplus lands
in such Indian reservation. The provisions of
sections 86 to 89 of this title shall not apply to
the lands of the Five Civilized Tribes of Indians
in Oklahoma.
(Feb. 27, 1917, ch. 133, § 4, 39 Stat. 945.)
§ 90. Selection of coal lands by States; sale in isolated or disconnected tracts
Unreserved public lands of the United States,
exclusive of Alaska, which have been withdrawn
or classified as coal lands or are valuable for
coal shall, in addition to the classes of entries or
filings described in sections 83 to 85 of this title
be subject to selection by the several States
within whose limits the lands are situate, under
grants made by Congress, and to disposition, in
the discretion of the Secretary of the Interior,
under the laws providing for the sale of isolated
or disconnected tracts of public lands, but there
shall be a reservation to the United States of
the coal in all such lands so selected or sold and
of the right to prospect for, mine, and remove
the same in accordance with the provisions of
said sections, and such lands shall be subject to
all the conditions and limitations of said sections.
(Apr. 30, 1912, ch. 99, 37 Stat. 105.)
SUPPLEMENTAL PROVISIONS
Act Apr. 30, 1912, is supplemental to sections 83 to 85
of this title.

SUBCHAPTER
III—PETROLEUM,
OTHER
MINERAL OIL, OR GAS LAND ENTRIES
UNDER MINING LAWS
§ 101. Omitted
CODIFICATION
Section, act Feb. 11, 1897, ch. 216, 29 Stat. 526, related
to entry of mineral oil lands under placer mining laws.
See section 181 et seq. of this title.
SAVINGS PROVISION
Section 193 of this title contains a savings provision
protecting valid claims in existence on Feb. 20, 1920.

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

Page 29

TITLE 30—MINERAL LANDS AND MINING

§ 122

labor will tend to the development or to determine the oil-bearing character of such contiguous claims.

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

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

§§ 111 to 113. Repealed. Dec. 16, 1930, ch. 14, § 1,
46 Stat. 1028

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

§ 103. Patents for oil or gas lands not denied because of transfer before discovery of oil or
gas; acreage limitation; nonapplication to
withdraw lands
In no case shall patent be denied to or for any
lands located or claimed prior to March 2, 1911,
under the mining laws of the United States containing petroleum, mineral oil, or gas solely because of any transfer or assignment thereof or of
any interest or interests therein by the original
locator or locators, or any of them, to any qualified persons or person or corporation, prior to
discovery of oil or gas therein, but if such claim
is in all other respects valid and regular, patent
therefor not exceeding one hundred and sixty
acres in any one claim shall issue to the holder
or holders thereof, as in other cases. The above
provisions shall not apply where such lands were
at the time of inception of development on or
under such claim withdrawn from mineral
entry.
(Mar. 2, 1911, ch. 201, § 1, 36 Stat. 1015.)
§ 104. Agreements with applicants for patents as
to disposition of oil or gas, or proceeds thereof, pending determination of title; Navy Petroleum Fund
Where applications for patents have been or
may be offered for any oil or gas land included
in an order of withdrawal upon which oil or gas
had been discovered, or was being produced prior
to March 2, 1911, or upon which drilling operations were in actual progress on October 3, 1910,
and oil or gas is thereafter discovered thereon,
and where there has been no final determination
by the Secretary of the Interior upon such applications for patent, said Secretary, in his discretion, may enter into agreements, under such
conditions as he may prescribe with such applicants for patents in possession of such land or
any portions thereof, relative to the disposition
of the oil or gas produced therefrom or the proceeds thereof, pending final determination of the
title thereto by the Secretary of the Interior, or
such other disposition of the same as may be authorized by law. Any money which may accrue
to the United States under the provisions of sections 103 and 104 of this title from lands within
the Naval Petroleum Reserves shall be set aside
for the needs of the Navy and deposited in the
Treasury to the credit of a fund to be known as
the Navy Petroleum Fund, which fund shall be
applied to the needs of the Navy as Congress
may from time to time direct, by appropriation
or otherwise.
(Mar. 2, 1911, ch. 201, § 2, as added Aug. 25, 1914,
ch. 287, 38 Stat. 708.)

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

SUBCHAPTER V—AGRICULTURAL ENTRY
OF LANDS WITHDRAWN OR CLASSIFIED
AS CONTAINING PHOSPHATE, NITRATE,
POTASH, OIL, GAS, ASPHALTIC MINERALS, SODIUM, OR SULPHUR
§ 121. Agricultural entry or purchase of lands
withdrawn or classified as containing phosphate, nitrate, potash, oil, or gas; reservations to United States; application
Lands withdrawn or classified as phosphate,
nitrate, potash, oil, gas, or asphaltic minerals,
or which are valuable for those deposits, shall be
subject to appropriation, location, selection,
entry, or purchase, if otherwise available, under
the nonmineral land laws of the United States,
whenever such location, selection, entry, or purchase shall be made with a view of obtaining or
passing title with a reservation to the United
States of the deposits on account of which the
lands were withdrawn or classified or reported
as valuable, together with the right to prospect
for, mine, and remove the same. All applications
to locate, select, enter, or purchase under this
section shall state that the same are made in accordance with and subject to the provisions and
reservations of sections 121 to 123 of this title.
(July 17, 1914, ch. 142, § 1, 38 Stat. 509; June 16,
1955, ch. 145, § 2, 69 Stat. 138.)
AMENDMENTS
1955—Act June 16, 1955, removed 160-acre limitation
on desert entry.
ADDITIONAL DESERT-LAND ENTRY
Increase of limitation with respect to desert entries
to 320 acres, see note set out under section 83 of this
title.

§ 122. Patents; reservation in the United States of
reserved deposits; acquisition of right to remove deposits; application for entry to disprove classification
Upon satisfactory proof of full compliance
with the provisions of the laws under which the
location, selection, entry, or purchase is made,
the locator, selector, entryman, or purchaser
shall be entitled to a patent to the land located,
selected, entered, or purchased, which patent
shall contain a reservation to the United States
of the deposits on account of which the lands so
patented were withdrawn or classified or reported as valuable, together with the right to

§ 123

TITLE 30—MINERAL LANDS AND MINING

prospect for, mine, and remove the same, such
deposits to be subject to disposal by the United
States only as shall be hereafter expressly directed by law: Provided, however, That all mineral deposits heretofore or hereafter reserved to
the United States under sections 121 to 123 of
this title which are subject, at the time of application for patent, to valid and subsisting rights
acquired by discovery and location under the
mining laws of the United States made prior to
the date of the Mineral Leasing Act of February
25, 1920 [30 U.S.C. 181 et seq.], shall hereafter be
subject to disposal to the holders of those valid
and subsisting rights by patent under the mining laws of the United States in force at the
time of such disposal. Any person qualified to
acquire the reserved deposits may enter upon
said lands with a view of prospecting for the
same upon the approval by the Secretary of the
Interior of a bond or undertaking to be filed
with him as security for the payment of all damages to the crops and improvements on such
lands by reason of such prospecting, the measure
of any such damage to be fixed by agreement of
parties or by a court of competent jurisdiction.
Any person who has acquired from the United
States the title to or the right to mine and remove the reserved deposits, should the United
States dispose of the mineral deposits in lands,
may reenter and occupy so much of the surface
thereof as may be required for all purposes reasonably incident to the mining and removal of
the minerals therefrom, and mine and remove
such minerals, upon payment of damages caused
thereby to the owner of the land, or upon giving
a good and sufficient bond or undertaking therefor in an action instituted in any competent
court to ascertain and fix said damages. Nothing
herein contained shall be held to deny or abridge
the right to present and have prompt consideration of applications to locate, select, enter, or
purchase, under the land laws of the United
States, lands which have been withdrawn or
classified as phosphate, nitrate, potash, oil, gas,
or asphaltic mineral lands, with a view of disproving such classification and securing patent
without reservation, nor shall persons who have
located, selected, entered, or purchased lands
subsequently withdrawn, or classified as valuable for said mineral deposits, be debarred from
the privilege of showing, at any time before
final entry, purchase, or approval of selection or
location, that the lands entered, selected, or located are in fact nonmineral in character.
(July 17, 1914, ch. 142, § 2, 38 Stat. 509; July 20,
1956, ch. 652, 70 Stat. 592.)
REFERENCES IN TEXT
The Mineral Leasing Act of February 25, 1920, referred to in text, is act Feb. 25, 1920, ch. 85, 41 Stat. 437,
as amended, which is classified generally to chapter 3A
(§ 181 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 181 of this title and Tables.
AMENDMENTS
1956—Act July 20, 1956, permitted disposal of mineral
deposits which are subject, at the time of application
for patent, to valid and subsisting rights acquired by
discovery and location under the mining laws made
prior to Feb. 25, 1920.

Page 30

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

§ 123. Persons locating lands subsequently withdrawn or classified; patents to
Any person who has, in good faith, located, selected, entered, or purchased, or any person who
shall locate, select, enter, or purchase, after
July 17, 1914, under the nonmineral land laws of
the United States, any lands which are subsequently withdrawn, classified, or reported as
being valuable for phosphate, nitrate, potash,
oil, gas, or asphaltic minerals, may, upon application therefor, and making satisfactory proof
of compliance with the laws under which such
lands are claimed, receive a patent therefor,
which patent shall contain a reservation to the
United States of all deposits on account of
which the lands were withdrawn, classified, or
reported as being valuable, together with the
right to prospect for, mine, and remove the
same.
(July 17, 1914, ch. 142, § 3, 38 Stat. 510.)
NORTH PLATTE RECLAMATION PROJECT; ENTRY PRIOR
TO JULY 17, 1914; MINERAL RIGHTS
Patents for lands in North Platte Reclamation Project not to contain reservations of minerals in certain
cases, see section 125 of this title.

§ 124. Agricultural entry or purchase of lands
withdrawn or classified as containing sodium or sulphur
Lands withdrawn, classified, or reported as
valuable for sodium and/or sulphur and subject
to prospecting, leasing, or development under
the General Leasing Act of February 25, 1920, or
Acts amendatory thereof or supplementary
thereto [30 U.S.C. 181 et seq.], shall be subject to
appropriation, location, selection, entry, or purchase if otherwise available in the form and
manner and subject to the reservations, provisions, limitations, and conditions of the Act of
Congress approved July 17, 1914 (38 Stat. L. 509;
U.S.C., title 30, sec. 123); Provided, however, That
lands lying within the geologic structure of a
field, or withdrawn, classified, or reported as
valuable for any of the minerals named herein
and/or in any of said sections, or upon which
leases or prospecting permits have been applied
for or granted, for the production of any of such
minerals, shall not be subject to such appropriation, location, selection, entry, or purchase unless it shall be determined by the Secretary of
the Interior that such disposal will not unreasonably interfere with operations under said sections.
(Mar. 4, 1933, ch. 278, 47 Stat. 1570.)
REFERENCES IN TEXT
The General Leasing Act of February 25, 1920, referred to in text, probably means the Mineral Leasing
Act of 1920, act Feb. 25, 1920, ch. 85, 41 Stat. 437, as
amended, which is classified generally to chapter 3A
(§ 181 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 181 of this title and Tables.
The Act of Congress approved July 17, 1914, referred
to in text, is act July 17, 1914, ch. 142, 38 Stat. 509, as

Page 31

TITLE 30—MINERAL LANDS AND MINING

amended, which is classified to sections 121 to 123 of
this title.

§ 125. Patents in North Platte Reclamation
Project; mineral rights; subrogation
Where reclamation homestead entry was made
prior to July 17, 1914, pursuant to the Act of
June 17, 1902 (32 Stat. 389, 43 U.S.C. sec. 431), as
supplemented, for lands in the Northport Division or the Interstate Division of the North
Platte Reclamation Project, and after such
entry the lands have been or are hereafter withdrawn, classified, or reported as being valuable
for any of the minerals named in sections 81 and
121 to 124 of this title, the patent shall not contain a reservation of such minerals. If any such
mineral deposits on account of which the lands
were withdrawn, classified or reported as being
valuable have been leased by the United States,
such patent shall be made subject to the rights
of the lessee, but the patentee shall be subrogated to the rights of the United States under
the lease.
(Apr. 17, 1954, ch. 152, 68 Stat. 56.)
REFERENCES IN TEXT
Act of June 17, 1902, referred to in text, is act June
17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly
known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 371 of
Title 43 and Tables.

SUBCHAPTER
VI—LOCATION
OF
PHOSPHATE ROCK LANDS UNDER PLACERMINING LAWS
§ 131. Omitted
CODIFICATION
Section, act Jan. 11, 1915, ch. 9, 38 Stat. 792, provided
for perfection under placer mining laws of locations
made in good faith prior to Jan. 11, 1915, on public lands
containing deposits of phosphate rock.

SUBCHAPTER VII—PERMITS TO PROSPECT
FOR CHLORIDES, SULPHATES, CARBONATES, BORATES, SILICATES, OR NITRATES OF POTASSIUM
§§ 141 to 152. Repealed. Feb. 7, 1927, ch. 66, § 6, 44
Stat. 1058
Section 141, act Oct. 2, 1917, ch. 62, § 1, 40 Stat. 297, related to permits to prospect.
Section 142, act Oct. 2, 1917, ch. 62, § 2, 40 Stat. 298, related to patents to permittees.
Section 143, act Oct. 2, 1917, ch. 62, § 3, 40 Stat. 298, related to leases to permittees for campsites.
Section 144, act Oct. 2, 1917, ch. 62, § 4, 40 Stat. 299, related to cancellation of permits.
Section 145, act Oct. 2, 1917, ch. 62, § 5, 40 Stat. 299, related to restrictions on leasehold interests.
Section 146, act Oct. 2, 1917, ch. 62, §§ 6, 7, 40 Stat. 299,
related to reservations in leases.
Section 147, act Oct. 2, 1917, ch. 62, § 8, 40 Stat. 300, related to forfeitures in leases.
Section 148, act Oct. 2, 1917, ch. 62, § 9, 40 Stat. 300, related to potassium salts deposits.
Section 149, act Oct. 2, 1917, ch. 62, § 10, 40 Stat. 300,
related to disposition of royalties and rentals.
Section 150, act Oct. 2, 1917, ch. 62, § 11, 40 Stat. 300,
related to rules and regulations.
Section 151, act Oct. 2, 1917, ch. 62, § 12, 40 Stat. 300,
related to regulations for disposition of deposits.

§ 171

Section 152, act Oct. 2, 1917, ch. 62, § 13, 40 Stat. 300,
related to provisions in leases for regulation of price
and disposition of minerals.

SUBCHAPTER VIII—BUILDING STONE OR
SALINE LAND ENTRIES UNDER PLACERMINING LAWS
§ 161. Entry of building-stone lands; previous law
unaffected
Any person authorized to enter lands under
the mining laws of the United States may enter
lands that are chiefly valuable for building
stone under the provisions of the law in relation
to placer mineral claims. Lands reserved for the
benefit of the public schools or donated to any
States shall not be subject to entry under this
section. Nothing contained in this section shall
be construed to repeal section 471 of title 16 relating to the establishment of national forests.
(Aug. 4, 1892, ch. 375, §§ 1, 3, 27 Stat. 348.)
CODIFICATION
First two sentences of this section are from section 1
and last sentence of this section is from section 3 of act
Aug. 4, 1892.

§ 162. Entry of saline lands; limitation
All unoccupied public lands of the United
States containing salt springs, or deposits of
salt in any form, and chiefly valuable therefor,
shall be subject to location and purchase under
the provisions of the law relating to placer-mining claims. The same person shall not locate or
enter more than one claim hereunder.
(Jan. 31, 1901, ch. 186, 31 Stat. 745.)
SUBCHAPTER IX—DISPOSAL OF ALABAMA
LANDS AS AGRICULTURAL LANDS
§ 171. Disposal as agricultural lands
Except as otherwise provided in chapter 3A of
this title, all public lands within the State of
Alabama, whether mineral or otherwise, shall be
subject to disposal only as agricultural lands.
All lands which had been reported to the General Land Office prior to March 3, 1883, as containing coal and iron shall first be offered at
public sale.
(Mar. 3, 1883, ch. 118, 22 Stat. 487; Feb. 25, 1920,
ch. 85, § 1, 41 Stat. 437.)
CODIFICATION
Section is from act Mar. 3, 1883, which contained an
additional provision relating to pending homesteads,
which was omitted because of its temporary nature.
AMENDMENTS
1920—The exception clause was inserted at beginning
of this section because of act Feb. 25, 1920, which provided that deposits of coal, phosphate, sodium, oil, oil
shale, or gas, and lands containing such deposits owned
by the United States, shall be subject to disposition in
the form and manner provided by such act.
TRANSFER OF FUNCTIONS
General Land Office abolished and functions transferred to Bureau of Land Management by Reorg. Plan
No. 3 of 1946, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
1100, and regulations thereunder. See note set out
under section 1 of Title 43, Public Lands.

§ 172

TITLE 30—MINERAL LANDS AND MINING

§ 172. Certain Alabama lands subject to homestead entry
All lands designated as agricultural in the reclassification of the public lands of Alabama by
the Secretary of the Interior under authority of
Act March 27, 1906 (chapter 1347, section 1, Thirty-fourth Statutes, page 88), shall be subject to
homestead entry as such.
(Mar. 27, 1906, ch. 1347, § 2, 34 Stat. 88.)
REFERENCES IN TEXT
Act March 27, 1906 (chapter 1347, section 1, Thirtyfourth Statutes, page 88), referred to in text, is not
classified to the Code.

CHAPTER 3A—LEASES AND PROSPECTING
PERMITS
SUBCHAPTER I—GENERAL PROVISIONS

Sec.

203.
204.
205.
206.

Additional lands or deposits.
Repealed.
Consolidation of leases.
Noncontiguous coal or phosphate tracts in
single lease.
207.
Conditions of lease.
208.
Permits to take coal for local domestic needs
without royalty payments; corporation exclusion; area to municipalities for household use without profit.
208–1.
Exploratory program for evaluation of known
recoverable coal resources.
208–2, 208a. Repealed.
209.
Suspension, waiver, or reduction of rents or
royalties to promote development or operation; extension of lease on suspension of
operations and production.
SUBCHAPTER III—PHOSPHATES
211.
212.

Sec.

181.
182.
183.
184.
184a.
185.
186.

187.

187a.
187b.
188.
188a.
189.
190.
191.
191a.
191b.
192.
192a.
192b.
192c.
193.
193a.
194.
195.
196.

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

201.
Leases and exploration.
201–1 to 201b. Repealed or Omitted.
202.
Common carriers; limitations of lease or permit.
202a.
Consolidation of coal leases into logical mining unit.

Page 32

213.
214.

Phosphate deposits.
Surveys; royalties; time payable; annual
rentals; term of leases; readjustment on renewals; minimum production; suspension of
operation.
Royalties for use of deposits of silica, limestone, or other rock embraced in lease.
Use of surface of other public lands; acreage;
forest lands exception.
SUBCHAPTER IV—OIL AND GAS

221 to 222i. Omitted.
223.
Leases; amount and survey of land; term of
lease; royalties and annual rental.
223a.
Repealed.
224.
Payments for oil or gas taken prior to application for lease.
225.
Condition of lease, forfeiture for violation.
226.
Lease of oil and gas lands.
226–1.
Extension of noncompetitive oil or gas lease
issued before September 2, 1960.
226–2.
Limitations for filing oil and gas contests.
226–3.
Lands not subject to oil and gas leasing.
226a, 226b. Repealed.
226c.
Reduction of royalties under existing leases.
226d to 227. Omitted.
228.
Prospecting permits and leases to persons of
lands not withdrawn; terms and conditions
of; fraud of claimants.
229.
Preference right to permits or leases of
claimants of lands bona fide entered as agricultural land; terms and conditions.
229a.
Water struck while drilling for oil and gas.
230 to 233. Repealed.
233a.
Permits or leases of certain lands in Oklahoma; retention of royalties.
234 to 236. Repealed.
236a.
Lands in naval petroleum reserves and naval
oil-shale reserves; effect of other laws.
236b.
Existing leases within naval petroleum reserves not affected.
237.
Omitted.
SUBCHAPTER V—OIL SHALE
241.
242.

Leases of lands.
Oil shale claims.
SUBCHAPTER VI—ALASKA OIL PROVISO

251.

Leases to claimants of withdrawn lands;
terms and conditions; acreage; annual rentals and royalties; fraud of claimants.
SUBCHAPTER VII—SODIUM

261.
262.
263.

Prospecting permits; lands included; acreage.
Leases to permittees; survey of lands; royalties and annual rentals.
Permits to use or lease of nonmineral lands
for camp sites, and other purposes; annual
rentals; acreage.
SUBCHAPTER VIII—SULPHUR

271.

Prospecting permits; lands included; acreage.

Page 33

TITLE 30—MINERAL LANDS AND MINING

Sec.

272.
273.
274.
275.
276.

Leases to permittees; privileges extended to
oil and gas permittees.
Lease of lands not covered by permits or
leases; acreage; rental.
Lands containing coal or other minerals.
Laws applicable.
Application of subchapter to Louisiana and
New Mexico only.
SUBCHAPTER IX—POTASH

281.

282.
283.

284.

285.
286.
287.

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

SUBCHAPTER I—GENERAL PROVISIONS
§ 181. Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium
rights reserved
Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all veintype solid hydrocarbons), or gas, and lands containing such deposits owned by the United
States, including those in national forests, but
excluding lands acquired under the Appalachian
Forest Act, approved March 1, 1911 (36 Stat. 961),
and those in incorporated cities, towns, and villages and in national parks and monuments,
those acquired under other Acts subsequent to
February 25, 1920, and lands within the naval petroleum and oil-shale reserves, except as hereinafter provided, shall be subject to disposition in
the form and manner provided by this chapter to
citizens of the United States, or to associations
of such citizens, or to any corporation organized
under the laws of the United States, or of any
State or Territory thereof, or in the case of coal,
oil, oil shale, or gas, to municipalities. Citizens
of another country, the laws, customs, or regulations of which deny similar or like privileges
to citizens or corporations of this country, shall
not by stock ownership, stock holding, or stock
control, own any interest in any lease acquired
under the provisions of this chapter.
The term ‘‘oil’’ shall embrace all nongaseous
hydrocarbon substances other than those substances leasable as coal, oil shale, or gilsonite
(including all vein-type solid hydrocarbons).
The term ‘‘combined hydrocarbon lease’’ shall
refer to a lease issued in a special tar sand area
pursuant to section 226 of this title after November 16, 1981.
The term ‘‘special tar sand area’’ means (1) an
area designated by the Secretary of the Interior’s orders of November 20, 1980 (45 FR
76800–76801) and January 21, 1981 (46 FR 6077–6078)
as containing substantial deposits of tar sand.

§ 181

The United States reserves the ownership of
and the right to extract helium from all gas produced from lands leased or otherwise granted
under the provisions of this chapter, under such
rules and regulations as shall be prescribed by
the Secretary of the Interior: Provided further,
That in the extraction of helium from gas produced from such lands it shall be so extracted as
to cause no substantial delay in the delivery of
gas produced from the well to the purchaser
thereof.
(Feb. 25, 1920, ch. 85, § 1, 41 Stat. 437; Feb. 7, 1927,
ch. 66, § 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, § 1,
60 Stat. 950; Pub. L. 86–705, § 7(a), Sept. 2, 1960, 74
Stat. 790; Pub. L. 97–78, § 1(1), (4), Nov. 16, 1981, 95
Stat. 1070.)
REFERENCES IN TEXT
The Appalachian Forest Act, referred to in the first
undesignated paragraph, is act Mar. 1, 1911, ch. 186, 36
Stat. 961, as amended, also known as the Weeks Law,
which is classified to sections 480, 500, 513 to 519, 521, 552
and 563 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note
set out under section 552 of Title 16 and Tables.
AMENDMENTS
1981—Pub. L. 97–78, in first par., substituted ‘‘gilsonite (including all vein-type solid hydrocarbons),’’ for
‘‘native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands
from which oil is recoverable only by special treatment
after the deposit is mined or quarried)’’, and added,
after first par. three paragraphs which defined ‘‘oil’’,
‘‘combined hydrocarbon lease’’, and ‘‘special tar sand
area’’, respectively.
1960—Pub. L. 86–705 included deposits of native asphalt, solid and semisolid bitumen, and bituminous
rock.
1946—Act Aug. 8, 1946, reenacted: existing par., less
three provisos, as first sentence of first par., inserting
‘‘potassium’’ after ‘‘sodium’’, which was also included
in the 1927 amendment, and substituting provision for
disposition of deposits ‘‘in incorporated cities, towns,
and villages, and in national parks and monuments,
those acquired under other Acts subsequent to February 25, 1920, and lands within the naval petroleum
and oil-shale reserves’’ for such disposition ‘‘in national parks, and in lands withdrawn or reserved for
military or naval uses or purposes’’ and phrase ‘‘associations of such citizens’’ for ‘‘any association of such
persons’’; former third proviso as second sentence of
first par.; former first proviso, as second par., inserting
reservation of ownership provision and striking out
‘‘permitted’’ before ‘‘leased or otherwise granted’’; and
former second proviso as proviso in second par.
1927—Act Feb. 7, 1927, included deposits of potassium.
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106–463, § 1, Nov. 7, 2000, 114 Stat. 2010, provided that: ‘‘This Act [amending section 184 of this title
and enacting provisions set out as a note under section
184 of this title] may be cited as the ‘Coal Market Competition Act of 2000’.’’
Pub. L. 106–393, title V, § 501, Oct. 30, 2000, 114 Stat.
1624, provided that: ‘‘This title [amending section 191 of
this title and enacting provisions set out as a note
under section 191 of this title] may be cited as the ‘Mineral Revenue Payments Clarification Act of 2000’.’’
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100–203, title V, § 5101(a), Dec. 22, 1987, 101
Stat. 1330–256, provided that: ‘‘This subtitle [subtitle B
(§§ 5101–5113) of Pub. L. 100–203, enacting sections 195
and 226–3 of this title, amending sections 187a, 187b, 188,
191, and 226 of this title and section 3148 of Title 16,

§ 182

TITLE 30—MINERAL LANDS AND MINING

Conservation, and enacting provisions set out as notes
under this section and section 226 of this title] may be
cited as the ‘Federal Onshore Oil and Gas Leasing Reform Act of 1987’.’’
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97–78, Nov. 16, 1981, 95 Stat. 1070, which
amended this section and sections 182, 184, 209, 226, 241,
351, and 352 of this title and enacted provisions set out
as a note under this section, is popularly known as the
‘‘Combined Hydrocarbon Leasing Act of 1981’’.
SHORT TITLE OF 1976 AMENDMENT
Pub. L. 94–377, § 1(a), Aug. 4, 1976, 90 Stat. 1083, as
amended by Pub. L. 95–554, § 8, Oct. 30, 1978, 92 Stat.
2075, provided that: ‘‘This Act [enacting sections 202a,
208–1, and 208–2 of this title, amending sections 184, 191,
201, 203, 207, 209, and 352 of this title, repealing sections
201–1 and 204 of this title, and enacting provisions set
out as notes under sections 184, 201, 201–1, 203, and 204
of this title] may be cited as the ‘Federal Coal Leasing
Amendments Act of 1976’.’’
SHORT TITLE OF 1960 AMENDMENT
Section 1 of Pub. L. 86–705 provided: ‘‘That this Act
[amending this section and sections 182, 184, 187a, 226,
226–1, 226–2, and 241 of this title, and enacted provisions
set out as notes under sections 187a and 226 of this title]
may be cited as the ‘Mineral Leasing Act Revision of
1960’.’’
SHORT TITLE
Act Feb. 25, 1920, ch. 85, § 44, as added Dec. 22, 1987,
Pub. L. 100–203, title V, § 5113, 101 Stat. 1330–263, provided that: ‘‘This Act [enacting this chapter] may be
cited as the ‘Mineral Leasing Act’.’’
This chapter is also popularly known as the ‘‘Mineral
Leasing Act of 1920’’ and the ‘‘Mineral Lands Leasing
Act’’.
SAVINGS PROVISION
Provisions of Federal Land Policy and Management
Act of 1976, Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743,
not to be construed as permitting any person to place,
or allow to be placed, spent oil shale, etc., on any Federal land other than land leased for the recovery of
shale oil under the act of Feb. 25, 1920, section 181 et
seq. of this title, see section 701(d) of Pub. L. 94–579, set
out as a note under section 1701 of Title 43, Public
Lands.
Section 15 of act Aug. 8, 1946, provided: ‘‘No repeal or
amendment made by this Act [enacting sections 187a,
187b, 226c–226e, and 236b, amending this section and sections 184, 188, 193, 209, 225, 226, and 285, and repealing
sections 223a, 226a, and 226b of this title] shall affect
any right acquired under the law as it existed prior to
such repeal or amendment, and such right shall be governed by the law in effect at the time of its acquisition;
but any person holding a lease on the effective date of
this Act [Aug. 8, 1946] may, by filing a statement to
that effect, elect to have his lease governed by the applicable provisions of this Act instead of by the law in
effect prior thereto.’’
CONSTRUCTION AND APPLICABILITY OF 1981
AMENDMENTS
Section 1(10), (11) of Pub. L. 97–78 provided that:
‘‘(10) Nothing in this Act [see Short Title of 1981
Amendment note above] shall affect the taxable status
of production from tar sand under the Crude Oil Windfall Profit Tax Act of 1980 (Public Law 96–223) [see
Tables for classification], reduce the depletion allowance for production from tar sand, or otherwise affect
the existing tax status applicable to such production.
‘‘(11) No provision of this Act [see Short Title of 1981
Amendment note above] shall apply to national parks,
national monuments, or other lands where mineral
leasing is prohibited by law. The Secretary of the Inte-

Page 34

rior shall apply the provisions of this Act to the Glen
Canyon National Recreation Area, and to any other
units of the national park system where mineral leasing is permitted, in accordance with any applicable
minerals management plan if the Secretary finds that
there will be no resulting significant adverse impacts
on the administration of such area, or on other contiguous units of the national park system.’’
ADMISSION OF ALASKA AS STATE: SELECTION OF LANDS
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.
Selection of lands by Alaska from lands made available by Statehood provisions including lands subject to
leases, permits, licenses or contracts issued under this
chapter, see section 6(h) of Pub. L. 85–508, set out as
note preceding section 21 of Title 48.
OUTER CONTINENTAL SHELF; MINERAL LEASES
Grant by the Secretary of the Interior of mineral
leases on submerged lands of outer Continental Shelf,
see section 1331 et seq., of Title 43, Public Lands.

§ 182. Lands disposed of with reservation of deposits of coal, etc.
The provisions of this chapter shall also apply
to all deposits of coal, phosphate, sodium, oil,
oil shale, gilsonite (including all vein-type solid
hydrocarbons), or gas in the lands of the United
States, which lands may have been or may be
disposed of under laws reserving to the United
States such deposits, with the right to prospect
for, mine, and remove the same, subject to such
conditions as are or may hereafter be provided
by such laws reserving such deposits.
(Feb. 25, 1920, ch. 85, § 34, 41 Stat. 450; Pub. L.
86–705, § 7(a), Sept. 2, 1960, 74 Stat. 790; Pub. L.
97–78, § 1(1), Nov. 16, 1981, 95 Stat. 1070.)
AMENDMENTS
1981—Pub. L. 97–78 substituted ‘‘gilsonite (including
all vein-type solid hydrocarbons),’’ for ‘‘native asphalt,
solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is
recoverable only by special treatment after the deposit
is mined or quarried)’’.
1960—Pub. L. 86–705 included native asphalt, solid and
semisolid bitumen, and bituminous rock.

§ 183. Cancellation of prospecting permits
The Secretary of the Interior shall reserve and
may exercise the authority to cancel any prospecting permit upon failure by the permittee to
exercise due diligence in the prosecution of the
prospecting work in accordance with the terms
and conditions stated in the permit, and shall
insert in every such permit issued under the provisions of this chapter appropriate provisions for
its cancellation by him.
(Feb. 25, 1920, ch. 85, § 26, 41 Stat. 448.)
§ 184. Limitations on leases held, owned or controlled by persons, associations or corporations
(a) Coal leases
No person, association, or corporation, or any
subsidiary, affiliate, or persons controlled by or
under common control with such person, asso-

Page 35

TITLE 30—MINERAL LANDS AND MINING

ciation, or corporation shall take, hold, own or
control at one time, whether acquired directly
from the Secretary under this chapter or otherwise, coal leases or permits on an aggregate of
more than 75,000 acres in any one State and in
no case greater than an aggregate of 150,000
acres in the United States: Provided, That any
person, association, or corporation currently
holding, owning, or controlling more than an aggregate of 150,000 acres in the United States on
the date of enactment of this section shall not
be required on account of this section to relinquish said leases or permits: Provided, further,
That in no case shall such person, association,
or corporation be permitted to take, hold, own,
or control any further Federal coal leases or
permits until such time as their holdings, ownership, or control of Federal leases or permits
has been reduced below an aggregate of 150,000
acres within the United States.
(b) Sodium leases or permits, acreage
(1) No person, association, or corporation, except as otherwise provided in this subsection,
shall take, hold, own, or control at one time,
whether acquired directly from the Secretary
under this chapter, or otherwise, sodium leases
or permits on an aggregate of more than five
thousand one hundred and twenty acres in any
one State.
(2) The Secretary may, in his discretion, where
the same is necessary in order to secure the economic mining of sodium compounds leasable
under this chapter, permit a person, association,
or corporation to take or hold sodium leases or
permits on up to 30,720 acres in any one State.
(c) Phosphate leases, acreage
No person, association, or corporation shall
take, hold, own, or control at one time, whether
acquired directly from the Secretary under this
chapter, or otherwise, phosphate leases or permits on an aggregate of more than twenty thousand four hundred and eighty acres in the
United States.
(d) Oil or gas leases, acreage, Alaska; options,
semi-annual statements
(1) No person, association, or corporation, except as otherwise provided in this chapter, shall
take, hold, own or control at one time, whether
acquired directly from the Secretary under this
chapter, or otherwise, oil or gas leases (including options for such leases or interests therein)
on land held under the provisions of this chapter
exceeding in the aggregate two hundred fortysix thousand and eighty acres in any one State
other than Alaska 1 Provided, however, That acreage held in special tar sand areas, and acreage
under any lease any portion of which has been
committed to a federally approved unit or cooperative plan or communitization agreement or
for which royalty (including compensatory royalty or royalty in-kind) was paid in the preceding calendar year, shall not be chargeable
against such State limitations. In the case of
the State of Alaska, the limit shall be three
hundred thousand acres in the northern leasing
district and three hundred thousand acres in the
southern leasing district, and the boundary be1 So

in original. Probably should be followed by a colon.

§ 184

tween said two districts shall be the left limit of
the Tanana River from the border between the
United States and Canada to the confluence of
the Tanana and Yukon Rivers, and the left limit
of the Yukon River from said confluence to its
principal southern mouth.
(2) No person, association, or corporation shall
take, hold, own, or control at one time options
to acquire interests in oil or gas leases under
the provisions of this chapter which involve, in
the aggregate, more than two hundred thousand
acres of land in any one State other than Alaska, or, in the case of Alaska, more than two
hundred thousand acres in each of its two leasing districts, as hereinbefore described. No option to acquire any interest in such an oil or gas
lease shall be enforcible if entered into for a period of more than three years (which three years
shall be inclusive of any renewal period if a
right to renew is reserved by any party to the
option) without the prior approval of the Secretary. In any case in which an option to acquire
the optionor’s entire interest in the whole or a
part of the acreage under a lease is entered into,
the acreage to which the option is applicable
shall be charged both to the optionor and to the
optionee, but the charge to the optionor shall
cease when the option is exercised. In any case
in which an option to acquire a part of the
optionor’s interest in the whole or a part of the
acreage under a lease is entered into, the acreage to which the option is applicable shall be
fully charged to the optionor and a share thereof
shall also be charged to the optionee, as his interest may appear, but after the option is exercised said acreage shall be charged to the parties
pro rata as their interests may appear. In any
case in which an assignment is made of a part of
a lessee’s interest in the whole or part of the
acreage under a lease or an application for a
lease, the acreage shall be charged to the parties
pro rata as their interests may appear. No option or renewal thereof shall be enforcible until
notice thereof has been filed with the Secretary
or an officer or employee of the Department of
the Interior designated by him to receive the
same. Each such notice shall include, in addition to any other matters prescribed by the Secretary, the names and addresses of the parties
thereto, the serial number of the lease or application for a lease to which the option is applicable, and a statement of the number of acres covered thereby and of the interests and obligations
of the parties thereto and shall be subscribed by
all parties to the option or their duly authorized
agents. An option which has not been exercised
shall remain charged as hereinbefore provided
until notice of its relinquishment or surrender
has been filed, by either party, with the Secretary or any officer or employee of the Department of the Interior designated by him to receive the same. In addition, each holder of any
such option shall file with the Secretary or an
officer or employee of the Department of the Interior as aforesaid within ninety days after the
30th day of June and the 31st day of December in
each year a statement showing, in addition to
any other matters prescribed by the Secretary,
his name, the name and address of each grantor
of an option held by him, the serial number of
every lease or application for a lease to which

§ 184

TITLE 30—MINERAL LANDS AND MINING

such an option is applicable, the number of acres
covered by each such option, the total acreage
in each State to which such options are applicable, and his interest and obligation under each
such option. The failure of the holder of an option so to file shall render the option unenforcible 2 by him. The unenforcibility 3 of any option
under the provisions of this paragraph shall not
diminish the number of acres deemed to be held
under option by any person, association, or corporation in computing the amount chargeable
under the first sentence of this paragraph and
shall not relieve any party thereto of any liability to cancellation, forfeiture, forced disposition, or other sanction provided by law. The
Secretary may prescribe forms on which the notice and statements required by this paragraph
shall be made.
(e) Association or stockholder interests, conditions; combined interests
(1) No person, association, or corporation shall
take, hold, own or control at one time any interest as a member of an association or as a stockholder in a corporation holding a lease, option,
or permit under the provisions of this chapter
which, together with the area embraced in any
direct holding, ownership or control by him of
such a lease, option, or permit or any other interest which he may have as a member of other
associations or as a stockholder in other corporations holding, owning or controlling such
leases, options, or permits for any kind of minerals, exceeds in the aggregate an amount equivalent to the maximum number of acres of the respective kinds of minerals allowed to any one
lessee, optionee, or permittee under this chapter, except that no person shall be charged with
his pro rata share of any acreage holdings of any
association or corporation unless he is the beneficial owner of more than 10 per centum of the
stock or other instruments of ownership or control of such association or corporation, and except that within three years after September 2,
1960 no valid option in existence prior to September 2, 1960 held by a corporation or association on September 2, 1960 shall be chargeable to
any stockholder of such corporation or to a
member of such association so long as said option shall be so held by such corporation or association under the provisions of this chapter.
(2) No contract for development and operation
of any lands leased under this chapter, whether
or not coupled with an interest in such lease,
and no lease held, owned, or controlled in common by two or more persons, associations, or
corporations shall be deemed to create a separate association under the preceding paragraph
of this subsection between or among the contracting parties or those who hold, own or control the lease in common, but the proportionate
interest of each such party shall be charged
against the total acreage permitted to be held,
owned or controlled by such party under this
chapter. The total acreage so held, owned, or
controlled in common by two or more parties
shall not exceed, in the aggregate, an amount
equivalent to the maximum number of acres of
2 So
3 So

in original. Probably should be ‘‘unenforceable’’.
in original. Probably should be ‘‘unenforceability’’.

Page 36

the respective kinds of minerals allowed to any
one lessee, optionee, or permittee under this
chapter.
(f) Limitations on other sections; combined interests permitted for certain purposes
Nothing contained in subsection (e) of this
section shall be construed (i) to limit sections
227, 228, 251 of this title or (ii), subject to the approval of the Secretary, to prevent any number
of lessees under this chapter from combining
their several interests so far as may be necessary for the purpose of constructing and carrying on the business of a refinery or of establishing and constructing, as a common carrier, a
pipeline or railroad to be operated and used by
them jointly in the transportation of oil from
their several wells or from the wells of other lessees under this chapter or in the transportation
of coal or (iii) to increase the acreage which
may be taken, held, owned, or controlled under
this section.
(g) Forbidden interests acquired by descent, will,
judgment, or decree; permissible holding period
Any ownership or interest otherwise forbidden
in this chapter which may be acquired by descent, will, judgment, or decree may be held for
two years after its acquisition and no longer.
(h) Cancellation, forfeiture, or disposal of interests for violation; bona fide purchasers and
other valid interests; sale by Secretary;
record of proceedings
(1) If any interest in any lease is owned, or
controlled, directly or indirectly, by means of
stock or otherwise, in violation of any of the
provisions of this chapter, the lease may be canceled, or the interest so owned may be forfeited,
or the person so owning or controlling the interest may be compelled to dispose of the interest,
in any appropriate proceeding instituted by the
Attorney General. Such a proceeding shall be instituted in the United States district court for
the district in which the leased property or
some part thereof is located or in which the defendant may be found.
(2) The right to cancel or forfeit for violation
of any of the provisions of this chapter shall not
apply so as to affect adversely the title or interest of a bona fide purchaser of any lease, interest in a lease, option to acquire a lease or an interest therein, or permit which lease, interest,
option, or permit was acquired and is held by a
qualified person, association, or corporation in
conformity with those provisions, even though
the holdings of the person, association, or corporation from which the lease, interest, option,
or permit was acquired, or of his predecessor in
title (including the original lessee of the United
States) may have been canceled or forfeited or
may be or may have been subject to cancellation
or forfeiture for any such violation. If, in any
such proceeding, an underlying lease, interest,
option, or permit is canceled or forfeited to the
Government and there are valid interests therein or valid options to acquire the lease or an interest therein which are not subject to cancellation, forfeiture, or compulsory disposition, the
underlying lease, interest, option, or permit
shall be sold by the Secretary to the highest re-

Page 37

TITLE 30—MINERAL LANDS AND MINING

sponsible qualified bidder by competitive bidding under general regulations subject to all
outstanding valid interests therein and valid options pertaining thereto. Likewise if, in any
such proceeding, less than the whole interest in
a lease, interest, option, or permit is canceled or
forfeited to the Government, the partial interests so canceled or forfeited shall be sold by the
Secretary to the highest responsible qualified
bidder by competitive bidding under general regulations. If competitive bidding fails to produce
a satisfactory offer the Secretary may, in either
of these cases, sell the interest in question by
such other method as he deems appropriate on
terms not less favorable to the Government than
those of the best competitive bid received.
(3) The commencement and conclusion of
every proceeding under this subsection shall be
promptly noted on the appropriate public
records of the Bureau of Land Management.
(i) Bona fide purchasers, conditions for obtaining dismissals
Effective September 21, 1959, any person, association, or corporation who is a party to any
proceeding with respect to a violation of any
provision of this chapter, whether initiated
prior to said date or thereafter, shall have the
right to be dismissed promptly as such a party
upon showing that he holds and acquired as a
bona fide purchaser the interest involving him
as such a party without violating any provisions
of this chapter. No hearing upon any such showing shall be required unless the Secretary presents prima facie evidence indicating a possible
violation of this chapter on the part of the alleged bona fide purchaser.
(j) Waiver or suspension of rights
If during any such proceeding, a party thereto
files with the Secretary a waiver of his rights
under his lease (including particularly, where
applicable, rights to drill and to assign) or if
such rights are suspended by the Secretary
pending a decision in the proceeding, whether
initiated prior to enactment of this chapter or
thereafter, payment of rentals and running of
time against the term of the lease or leases involved shall be suspended as of the first day of
the month following the filing of the waiver or
suspension of the rights until the first day of the
month following the final decision in the proceeding or the revocation of the waiver or suspension.
(k) Unlawful trusts; forfeiture
Except as otherwise provided in this chapter,
if any lands or deposits subject to the provisions
of this chapter shall be subleased, trusteed, possessed, or controlled by any device permanently,
temporarily, directly, indirectly, tacitly, or in
any manner whatsoever, so that they form a
part of or are in any wise controlled by any combination in the form of an unlawful trust, with
the consent of the lessee, optionee, or permittee,
or form the subject of any contract or conspiracy in restraint of trade in the mining or selling
of coal, phosphate, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), gas, or
sodium entered into by the lessee, optionee, or
permittee or any agreement or understanding,
written, verbal, or otherwise, to which such les-

§ 184

see, optionee, or permittee shall be a party, of
which his or its output is to be or become the
subject, to control the price or prices thereof or
of any holding of such lands by any individual,
partnership, association, corporation, or control
in excess of the amounts of lands provided in
this chapter, the lease, option, or permit shall
be forfeited by appropriate court proceedings.
(l) Rules and regulations; notice to and consultation with Attorney General; application of
antitrust laws; definitions
(1) At each stage in the formulation and promulgation of rules and regulations concerning
coal leasing pursuant to this chapter, and at
each stage in the issuance, renewal, and readjustment of coal leases under this chapter, the
Secretary of the Interior shall consult with and
give due consideration to the views and advice
of the Attorney General of the United States.
(2) No coal lease may be issued, renewed, or readjusted under this chapter until at least thirty
days after the Secretary of the Interior notifies
the Attorney General of the proposed issuance,
renewal, or readjustment. Such notification
shall contain such information as the Attorney
General may require in order to advise the Secretary of the Interior as to whether such lease
would create or maintain a situation inconsistent with the antitrust laws. If the Attorney
General advises the Secretary of the Interior
that a lease would create or maintain such a situation, the Secretary of the Interior may not
issue such lease, nor may he renew or readjust
such lease for a period not to exceed one year, as
the case may be, unless he thereafter conducts a
public hearing on the record in accordance with
subchapter II of chapter 5 of title 5 and finds
therein that such issuance, renewal, or readjustment is necessary to effectuate the purposes of
this chapter, that it is consistent with the public interest, and that there are no reasonable alternatives consistent with this chapter, the
antitrust laws, and the public interest.
(3) Nothing in this chapter shall be deemed to
convey to any person, association, corporation,
or other business organization immunity from
civil or criminal liability, or to create defenses
to actions, under any antitrust law.
(4) As used in this subsection, the term ‘‘antitrust law’’ means—
(A) the Act entitled ‘‘An Act to protect
trade and commerce against unlawful restraints and monopolies’’, approved July 2,
1890 (15 U.S.C. 1 et seq.), as amended;
(B) the Act entitled ‘‘An Act to supplement
existing laws against unlawful restraints and
monopolies, and for other purposes’’, approved
October 15, 1914 (15 U.S.C. 12 et seq.), as
amended;
(C) the Federal Trade Commission Act (15
U.S.C. 41 et seq.), as amended;
(D) sections 73 and 74 of the Act entitled ‘‘An
Act to reduce taxation, to provide revenue for
the Government, and for other purposes’’, approved August 27, 1894 (15 U.S.C. 8 and 9), as
amended; or
(E) the Act of June 19, 1936, chapter 592 (15
U.S.C. 13, 13a, 13b, and 21a).
(Feb. 25, 1920, ch. 85, § 27, 41 Stat. 448; Apr. 30,
1926, ch. 197, 44 Stat. 373; July 3, 1930, ch. 854, § 1,

§ 184

TITLE 30—MINERAL LANDS AND MINING

46 Stat. 1007; Mar. 4, 1931, ch. 506, 46 Stat. 1524;
Aug. 8, 1946, ch. 916, § 6, 60 Stat. 954; June 1, 1948,
ch. 365, 62 Stat. 285; June 3, 1948, ch. 379, § 6, 62
Stat. 291; Aug. 2, 1954, ch. 650, 68 Stat. 648; Pub.
L. 85–122, Aug. 13, 1957, 71 Stat. 341; Pub. L.
85–698, Aug. 21, 1958, 72 Stat. 688; Pub. L. 86–294,
§ 1, Sept. 21, 1959, 73 Stat. 571; Pub. L. 86–391,
§ 1(c), Mar. 18, 1960, 74 Stat. 8; Pub. L. 86–705, § 3,
Sept. 2, 1960, 74 Stat. 785; Pub. L. 88–526, § 1, Aug.
31, 1964, 78 Stat. 710; Pub. L. 88–548, Aug. 31, 1964,
78 Stat. 754; Pub. L. 94–377, §§ 11, 15, Aug. 4, 1976,
90 Stat. 1090, 1091; Pub. L. 97–78, § 1(2), (5), Nov.
16, 1981, 95 Stat. 1070; Pub. L. 106–191, § 2, Apr. 28,
2000, 114 Stat. 232; Pub. L. 106–463, § 3, Nov. 7,
2000, 114 Stat. 2011; Pub. L. 109–58, title III, § 352,
Aug. 8, 2005, 119 Stat. 714.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (a), probably means the date of enactment of
Pub. L. 94–377, which was Aug. 4, 1976.
The Act entitled ‘‘An Act to protect trade and commerce against unlawful restraints and monopolies’’, approved July 2, 1890, as amended, referred to in subsec.
(l)(4)(A), is act July 2, 1890, ch. 647, 26 Stat. 209, as
amended, known as the Sherman Act, which is classified to sections 1 to 7 of Title 15, Commerce and Trade.
For complete classification of this Act to the Code, see
Short Title note set out under section 1 of Title 15 and
Tables.
The Act entitled ‘‘An Act to supplement existing
laws against unlawful restraints and monopolies, and
for other purposes’’, approved October 15, 1914, as
amended, referred to in subsec. (l)(4)(B), is act Oct. 15,
1914, ch. 323, 38 Stat. 730, as amended, known as the
Clayton Act, and is classified generally to sections 12,
13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52
and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15
and Tables.
The Federal Trade Commission Act, referred to in
subsec. (l)(4)(C), is act Sept. 26, 1914, ch. 311, 38 Stat. 717,
as amended, which is classified generally to subchapter
I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title
15 and Tables.
Act of June 19, 1936, chapter 592, referred to in subsec.
(l)(4)(E), is act June 19, 1936, ch. 592, 49 Stat. 1526,
known as the Robinson-Patman Antidiscrimination
Act and also as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of
Title 15, Commerce and Trade, and amended section 13
of Title 15. For complete classification of this Act to
the Code, see Short Title note set out under section 13
of Title 15 and Tables.
CODIFICATION
In subsec. (l)(2), ‘‘subchapter II of chapter 5 of title 5’’
substituted for ‘‘the Administrative Procedure Act’’ on
authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat.
631, the first section of which enacted Title 5, Government Organization and Employees.
AMENDMENTS
2005—Subsec. (d)(1). Pub. L. 109–58 inserted ‘‘, and
acreage under any lease any portion of which has been
committed to a federally approved unit or cooperative
plan or communitization agreement or for which royalty (including compensatory royalty or royalty inkind) was paid in the preceding calendar year,’’ after
‘‘acreage held in special tar sand areas’’.
2000—Subsec. (a). Pub. L. 106–463 inserted heading,
struck out ‘‘(1)’’ before ‘‘No person’’, substituted ‘‘75,000
acres’’ for ‘‘forty-six thousand and eighty acres’’, and
substituted ‘‘150,000 acres’’ for ‘‘one hundred thousand
acres’’ wherever appearing.

Page 38

Subsec. (b)(2). Pub. L. 106–191 substituted ‘‘30,720
acres’’ for ‘‘fifteen thousand three hundred and sixty
acres’’.
1981—Subsec. (d)(1). Pub. L. 97–78, § 1(5), inserted proviso that acreage held in special tar sand areas not be
chargeable against State limitations.
Subsec. (k). Pub. L. 97–78, § 1(2), substituted ‘‘gilsonite
(including all vein-type solid hydrocarbons)’’ for ‘‘native asphalt, solid and semisolid bitumen, bituminous
rock’’.
1976—Subsec. (a)(1). Pub. L. 94–377, § 11(a), inserted ‘‘or
any subsidiary, affiliate, or persons controlled by or
under common control with such person, association,
or corporation’’ before ‘‘shall take, hold, own or control’’, ‘‘and in no case greater than an aggregate of one
hundred thousand acres in the United States’’ after ‘‘in
any one State,’’ proviso relating to non-relinquishment
of leases or permits by an entity owning or controlling
more than an aggregate of one hundred thousand acres,
and proviso prohibiting ownership or control of further
Federal leases or permits until reduction to below an
aggregate of one hundred thousand acres.
Subsec. (a)(2). Pub. L. 94–377, § 11(b), struck out par.
(2) providing for application, hearing and granting of
additional acreage, not to exceed 5120 acres in any one
State, to a person, association or corporation requiring
such extra acreage to carry on business economically,
and the subsequent reevaluation of such entity’s continuing need for such extra acreage.
Subsec. (l). Pub. L. 94–377, § 15, added subsec. (l).
1964—Subsec. (a)(1). Pub. L. 88–526 struck out
‘‘, except as otherwise provided in this subsection,’’
after ‘‘corporation’’ and increased aggregate number of
acres from 10,240 to 46,080 acres.
Subsec. (c). Pub. L. 88–548 increased aggregate number of acres from 10,240 to 20,480 acres.
1960—Pub. L. 86–705 generally revised provisions and
divided them into subsecs. (a) to (k). Other changes
concerned: maximum acreage in Alaska, unreported options, their unenforceability, form for notice of options, party to give notice, inclusion of options in acreage determinations, charge of association or corporate
holdings against principal stockholders, hearings requirement based upon prima facie evidence of violations, running of time against a lease and the payment
of rentals during a waiver or suspension of a lessee’s
rights.
Pub. L. 86–391 authorized issuance of phosphate permits.
1959—Pub. L. 86–294 inserted provision that the right
of cancellation or forfeiture for violations shall not
apply so as to affect adversely the interest of a bona
fide purchaser in a lease acquired in conformity with
acreage limitations; that bona fide purchasers in such
situations have the right to be dismissed as parties
from proceedings; and that if a party to proceedings
files waiver of rights to drill or assigns his interests, or
if such rights are suspended pending decision, he shall,
if he is not in violation of provisions, have the right to
have his interest extended for a period of time equal to
the period between filing of waiver or order of suspension and final decision, without payment of rental.
1958—Pub. L. 85–698 increased limitation on acreage
which may be taken or held under coal leases or permits in any one State from 5,120 to 10,240 acres, permitted applications for additional coal leases or permits not exceeding 5,120 additional acres in the State,
provided for hearings on such applications, authorized
reevaluation and cancellation of leases and permits for
additional acreage, and prohibited assignment, transfer, or sale of any of the additional acreage without the
Secretary’s approval.
1957—Pub. L. 85–122 struck out ‘‘or permits exceeding
in the aggregate five thousand one hundred and twenty
acres in any one State, and’’ after ‘‘phosphate leases’’
in second sentence.
1954—Act Aug. 2, 1954, increased acreage that any one
person can hold in the aggregate from fifteen thousand
three hundred and sixty acres to forty-six thousand and
eighty acres, increased number of acres that can be

Page 39

TITLE 30—MINERAL LANDS AND MINING

held under option from one hundred thousand acres to
two hundred thousand acres, and extended terms of the
option from 2 to 3 years.
1948—Act June 1, 1948, substituted in second proviso
‘‘within two years after the passage of this Act’’ for
‘‘on or before August 8, 1950’’ in order to allow options
to be exercised up to that time.
Act June 3, 1948, increased aggregate acreage allowed
one person, etc., from two thousand five hundred and
sixty acres to five thousand one hundred and twenty
acres of coal or sodium leases, and increased the aggregate acreage allowed one person, etc., from seven thousand six hundred and eighty acres to fifteen thousand
three hundred and sixty acres of oil or gas leases.
1946—Act Aug. 8, 1946, principally doubled amount of
land that may be leased by any person or corporation
in any one State and abolished former acreage limitation of 2,560 acres on one structure; excluded operating
contracts and leases held in common from definition of
‘‘association’’; inserted provisions relating to options;
and omitted provisions relating to cooperative or unit
plans and operating, drilling or development contracts.
1931—Act Mar. 4, 1931, amended section generally.
1930—Act July 3, 1930, amended section generally.
1926—Act Apr. 30, 1926, amended section generally.
EFFECTIVE DATE OF 1959 AMENDMENT
Section 2 of Pub. L. 86–294 provided that: ‘‘The rights
granted by the second and third sentences of the
amendment contained within section 1 of this Act
[amending this section to provide that holder of interest in lease has right to be dismissed from cancellation
or forfeiture proceedings upon showing he acquired his
interest as bona fide purchaser and without violation of
provisions, and to provide right to have his lease extended if rights thereunder to drill and to assign are
suspended or waived during such proceedings and it is
determined he is not in violation of provisions] shall
apply with respect to any proceeding now pending or
initiated after the date of enactment of this Act [Sept.
21, 1959].’’
SAVINGS PROVISION
See note set out under section 181 of this title.
Section 11(b) of Pub. L. 94–377 provided in part that
repeal by such section of subsec. (a)(2) of this section is
subject to valid existing rights.
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior, referred to in
subsec. (l), to promulgate regulations under this chapter relating to the fostering of competition for Federal
leases, the implementation of alternative bidding systems authorized for the award of Federal leases, the establishment of diligence requirements for operations
conducted on Federal leases, the setting of rates for
production of Federal leases, and the specifying of the
procedures, terms, and conditions for the acquisition
and disposition of Federal royalty interests taken in
kind, transferred to Secretary of Energy by section
7152(b) of Title 42, The Public Health and Welfare. Section 7152(b) of Title 42 was repealed by Pub. L. 97–100,
title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and functions
of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, Nov. 5,
1981.
FINDINGS
Pub. L. 106–463, § 2, Nov. 7, 2000, 114 Stat. 2010, provided that: ‘‘Congress finds that—
‘‘(1) Federal land contains commercial deposits of
coal, the Nation’s largest deposits of coal being located on Federal land in Utah, Colorado, Montana,
and the Powder River Basin of Wyoming;
‘‘(2) coal is mined on Federal land through Federal
coal leases under the Act of February 25, 1920 (commonly known as the ‘Mineral Leasing Act’) (30 U.S.C.
181 et seq.);
‘‘(3) the sub-bituminous coal from these mines is
low in sulfur, making it the cleanest burning coal for
energy production;

§ 184

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

§ 184a

TITLE 30—MINERAL LANDS AND MINING

ture opportunities for secondary recovery by solution
mining.
‘‘(9) Existing trona producers are having to make
long term business decisions affecting the type and
amount of additional infrastructure investments
based on the certainty that sufficient acreage of
leaseable [sic] trona will be available for mining in
the future.
‘‘(10) To maintain the vitality of the domestic trona
industry and ensure the continued flow of valuable
revenues to the Federal and State governments and
products to the American public from trona production on Federal lands, the Mineral Leasing Act
should be amended to increase the acreage limitation
for Federal sodium leases.’’
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

§ 184a. Authorization of States to include in
agreements for conservation of oil and gas
resources lands acquired from United States
Notwithstanding the provisions of any applicable grant, deed, patent, exchange, or law of
the United States, any State owning lands or interests therein acquired by it from the United
States may consent to the operation or development of such lands or interests, or any part
thereof, under agreements approved by the Secretary of the Interior made jointly or severally
with lessees or permittees of lands or mineral
deposits of the United States or others, for the
purpose of more properly conserving the oil and
gas resources within such State. Such agreements may provide for the cooperative or unit
operation or development of part or all of any
oil or gas pool, field, or area; for the allocation
of production and the sharing of proceeds from
the whole or any specified part thereof regardless of the particular tract from which production is obtained or proceeds are derived; and,
with the consent of the State, for the modification of the terms and provisions of State leases
for lands operated and developed thereunder, including the term of years for which said leases
were originally granted, to conform said leases
to the terms and provisions of such agreements:
Provided, That nothing in this section contained,
nor the effectuation of it, shall be construed as
in any respect waiving, determining or affecting
any right, title, or interest, which otherwise
may exist in the United States, and that the
making of any agreement, as provided in this
section, shall not be construed as an admission
as to the title or ownership of the lands included.
(Jan. 26, 1940, ch. 14, 54 Stat. 17.)
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

§ 185. Rights-of-way for pipelines through Federal lands
(a) Grant of authority
Rights-of-way through any Federal lands may
be granted by the Secretary of the Interior or

Page 40

appropriate agency head for pipeline purposes
for the transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any refined
product produced therefrom to any applicant
possessing the qualifications provided in section
181 of this title in accordance with the provisions of this section.
(b) Definitions
(1) For the purposes of this section ‘‘Federal
lands’’ means all lands owned by the United
States except lands in the National Park System, lands held in trust for an Indian or Indian
tribe, and lands on the Outer Continental Shelf.
A right-of-way through a Federal reservation
shall not be granted if the Secretary or agency
head determines that it would be inconsistent
with the purposes of the reservation.
(2) ‘‘Secretary’’ means the Secretary of the Interior.
(3) ‘‘Agency head’’ means the head of any Federal department or independent Federal office or
agency, other than the Secretary of the Interior,
which has jurisdiction over Federal lands.
(c) Inter-agency coordination
(1) Where the surface of all of the Federal
lands involved in a proposed right-of-way or permit is under the jurisdiction of one Federal
agency, the agency head, rather than the Secretary, is authorized to grant or renew the
right-of-way or permit for the purposes set forth
in this section.
(2) Where the surface of the Federal lands involved is administered by the Secretary or by
two or more Federal agencies, the Secretary is
authorized, after consultation with the agencies
involved, to grant or renew rights-of-way or permits through the Federal lands involved. The
Secretary may enter into interagency agreements with all other Federal agencies having jurisdiction over Federal lands for the purpose of
avoiding duplication, assigning responsibility,
expediting review of rights-of-way or permit applications, issuing joint regulations, and assuring a decision based upon a comprehensive review of all factors involved in any right-of-way
or permit application. Each agency head shall
administer and enforce the provisions of this
section, appropriate regulations, and the terms
and conditions of rights-of-way or permits insofar as they involve Federal lands under the
agency head’s jurisdiction.
(d) Width limitations
The width of a right-of-way shall not exceed
fifty feet plus the ground occupied by the pipeline (that is, the pipe and its related facilities)
unless the Secretary or agency head finds, and
records the reasons for his finding, that in his
judgment a wider right-of-way is necessary for
operation and maintenance after construction,
or to protect the environment or public safety.
Related facilities include but are not limited to
valves, pump stations, supporting structures,
bridges, monitoring and communication devices,
surge and storage tanks, terminals, roads, airstrips and campsites and they need not necessarily be connected or contiguous to the pipe
and may be the subjects of separate rights-ofway.

Page 41

TITLE 30—MINERAL LANDS AND MINING

(e) Temporary permits
A right-of-way may be supplemented by such
temporary permits for the use of Federal lands
in the vicinity of the pipeline as the Secretary
or agency head finds are necessary in connection
with construction, operation, maintenance, or
termination of the pipeline, or to protect the
natural environment or public safety.
(f) Regulatory authority
Rights-of-way or permits granted or renewed
pursuant to this section shall be subject to regulations promulgated in accord with the provisions of this section and shall be subject to such
terms and conditions as the Secretary or agency
head may prescribe regarding extent, duration,
survey, location, construction, operation, maintenance, use, and termination.
(g) Pipeline safety
The Secretary or agency head shall impose requirements for the operation of the pipeline and
related facilities in a manner that will protect
the safety of workers and protect the public
from sudden ruptures and slow degradation of
the pipeline.
(h) Environmental protection
(1) Nothing in this section shall be construed
to amend, repeal, modify, or change in any way
the requirements of section 102(2)(C) [42 U.S.C.
4332(2)(C)] or any other provision of the National
Environmental Policy Act of 1969 [42 U.S.C. 4321
et seq.].
(2) The Secretary or agency head, prior to
granting a right-of-way or permit pursuant to
this section for a new project which may have a
significant impact on the environment, shall require the applicant to submit a plan of construction, operation, and rehabilitation for such
right-of-way or permit which shall comply with
this section. The Secretary or agency head shall
issue regulations or impose stipulations which
shall include, but shall not be limited to: (A) requirements for restoration, revegetation, and
curtailment of erosion of the surface of the land;
(B) requirements to insure that activities in
connection with the right-of-way or permit will
not violate applicable air and water quality
standards nor related facility siting standards
established by or pursuant to law; (C) requirements designed to control or prevent (i) damage
to the environment (including damage to fish
and wildlife habitat), (ii) damage to public or
private property, and (iii) hazards to public
health and safety; and (D) requirements to protect the interests of individuals living in the
general area of the right-of-way or permit who
rely on the fish, wildlife, and biotic resources of
the area for subsistence purposes. Such regulations shall be applicable to every right-of-way or
permit granted pursuant to this section, and
may be made applicable by the Secretary or
agency head to existing rights-of-way or permits, or rights-of-way or permits to be renewed
pursuant to this section.
(i) Disclosure
If the applicant is a partnership, corporation,
association, or other business entity, the Secretary or agency head shall require the applicant to disclose the identity of the participants

§ 185

in the entity. Such disclosure shall include
where applicable (1) the name and address of
each partner, (2) the name and address of each
shareholder owning 3 per centum or more of the
shares, together with the number and percentage of any class of voting shares of the entity
which such shareholder is authorized to vote,
and (3) the name and address of each affiliate of
the entity together with, in the case of an affiliate controlled by the entity, the number of
shares and the percentage of any class of voting
stock of that affiliate owned, directly or indirectly, by that entity, and, in the case of an affiliate which controls that entity, the number of
shares and the percentage of any class of voting
stock of that entity owned, directly or indirectly, by the affiliate.
(j) Technical and financial capability
The Secretary or agency head shall grant or
renew a right-of-way or permit under this section only when he is satisfied that the applicant
has the technical and financial capability to
construct, operate, maintain, and terminate the
project for which the right-of-way or permit is
requested in accordance with the requirements
of this section.
(k) Public hearings
The Secretary or agency head by regulation
shall establish procedures, including public
hearings where appropriate, to give Federal,
State, and local government agencies and the
public adequate notice and an opportunity to
comment upon right-of-way applications filed
after the date of enactment of this subsection.
(l) Reimbursement of costs
The applicant for a right-of-way or permit
shall reimburse the United States for administrative and other costs incurred in processing
the application, and the holder of a right-of-way
or permit shall reimburse the United States for
the costs incurred in monitoring the construction, operation, maintenance, and termination
of any pipeline and related facilities on such
right-of-way or permit area and shall pay annually in advance the fair market rental value of
the right-of-way or permit, as determined by the
Secretary or agency head.
(m) Bonding
Where he deems it appropriate the Secretary
or agency head may require a holder of a rightof-way or permit to furnish a bond, or other security, satisfactory to the Secretary or agency
head to secure all or any of the obligations imposed by the terms and conditions of the rightof-way or permit or by any rule or regulation of
the Secretary or agency head.
(n) Duration of grant
Each right-of-way or permit granted or renewed pursuant to this section shall be limited
to a reasonable term in light of all circumstances concerning the project, but in no event
more than thirty years. In determining the duration of a right-of-way the Secretary or agency
head shall, among other things, take into consideration the cost of the facility, its useful life,
and any public purpose it serves. The Secretary
or agency head shall renew any right-of-way, in
accordance with the provisions of this section,

§ 185

TITLE 30—MINERAL LANDS AND MINING

so long as the project is in commercial operation and is operated and maintained in accordance with all of the provisions of this section.
(o) Suspension or termination of right-of-way
(1) Abandonment of a right-of-way or noncompliance with any provision of this section
may be grounds for suspension or termination of
the right-of-way if (A) after due notice to the
holder of the right-of-way, (B) a reasonable opportunity to comply with this section, and (C)
an appropriate administrative proceeding pursuant to section 554 of title 5, the Secretary or
agency head determines that any such ground
exists and that suspension or termination is justified. No administrative proceeding shall be required where the right-of-way by its terms provides that it terminates on the occurrence of a
fixed or agreed upon condition, event, or time.
(2) If the Secretary or agency head determines
that an immediate temporary suspension of activities within a right-of-way or permit area is
necessary to protect public health or safety or
the environment, he may abate such activities
prior to an administrative proceeding.
(3) Deliberate failure of the holder to use the
right-of-way for the purpose for which it was
granted or renewed for any continuous two-year
period shall constitute a rebuttable presumption
of abandonment of the right-of-way: Provided,
That where the failure to use the right-of-way is
due to circumstances not within the holder’s
control the Secretary or agency head is not required to commence proceedings to suspend or
terminate the right-of-way.
(p) Joint use of rights-of-way
In order to minimize adverse environmental
impacts and the proliferation of separate rightsof-way across Federal lands, the utilization of
rights-of-way in common shall be required to
the extent practical, and each right-of-way or
permit shall reserve to the Secretary or agency
head the right to grant additional rights-of-way
or permits for compatible uses on or adjacent to
rights-of-way or permit area granted pursuant
to this section.
(q) Statutes
No rights-of-way for the purposes provided for
in this section shall be granted or renewed
across Federal lands except under and subject to
the provisions, limitations, and conditions of
this section. Any application for a right-of-way
filed under any other law prior to the effective
date of this provision may, at the applicant’s option, be considered as an application under this
section. The Secretary or agency head may require the applicant to submit any additional information he deems necessary to comply with
the requirements of this section.
(r) Common carriers
(1) Pipelines and related facilities authorized
under this section shall be constructed, operated, and maintained as common carriers.
(2)(A) The owners or operators of pipelines
subject to this section shall accept, convey,
transport, or purchase without discrimination
all oil or gas delivered to the pipeline without
regard to whether such oil or gas was produced
on Federal or non-Federal lands.

Page 42

(B) In the case of oil or gas produced from Federal lands or from the resources on the Federal
lands in the vicinity of the pipeline, the Secretary may, after a full hearing with due notice
thereof to the interested parties and a proper
finding of facts, determine the proportionate
amounts to be accepted, conveyed, transported
or purchased.
(3)(A) The common carrier provisions of this
section shall not apply to any natural gas pipeline operated by any person subject to regulation under the Natural Gas Act [15 U.S.C. 717 et
seq.] or by any public utility subject to regulation by a State or municipal regulatory agency
having jurisdiction to regulate the rates and
charges for the sale of natural gas to consumers
within the State or municipality.
(B) Where natural gas not subject to State
regulatory or conservation laws governing its
purchase by pipelines is offered for sale, each
such pipeline shall purchase, without discrimination, any such natural gas produced in the vicinity of the pipeline.
(4) The Government shall in express terms reserve and shall provide in every lease of oil
lands under this chapter that the lessee, assignee, or beneficiary, if owner or operator of a
controlling interest in any pipeline or of any
company operating the pipeline which may be
operated accessible to the oil derived from lands
under such lease, shall at reasonable rates and
without discrimination accept and convey the
oil of the Government or of any citizen or company not the owner of any pipeline operating a
lease or purchasing gas or oil under the provisions of this chapter.
(5) Whenever the Secretary has reason to believe that any owner or operator subject to this
section is not operating any oil or gas pipeline
in complete accord with its obligations as a
common carrier hereunder, he may request the
Attorney General to prosecute an appropriate
proceeding before the Secretary of Energy or
Federal Energy Regulatory Commission or any
appropriate State agency or the United States
district court for the district in which the pipeline or any part thereof is located, to enforce
such obligation or to impose any penalty provided therefor, or the Secretary may, by proceeding as provided in this section, suspend or
terminate the said grant of right-of-way for noncompliance with the provisions of this section.
(6) The Secretary or agency head shall require,
prior to granting or renewing a right-of-way,
that the applicant submit and disclose all plans,
contracts, agreements, or other information or
material which he deems necessary to determine
whether a right-of-way shall be granted or renewed and the terms and conditions which
should be included in the right-of-way. Such information may include, but is not limited to: (A)
conditions for, and agreements among owners or
operators, regarding the addition of pumping facilities, looping, or otherwise increasing the
pipeline or terminal’s throughput capacity in response to actual or anticipated increases in demand; (B) conditions for adding or abandoning
intake, offtake, or storage points or facilities;
and (C) minimum shipment or purchase tenders.
(s) Exports of Alaskan North Slope oil
(1) Subject to paragraphs (2) through (6) of this
subsection and notwithstanding any other provi-

Page 43

TITLE 30—MINERAL LANDS AND MINING

sion of this chapter or any other provision of
law (including any regulation) applicable to the
export of oil transported by pipeline over rightof-way granted pursuant to section 1652 of title
43, such oil may be exported unless the President finds that exportation of this oil is not in
the national interest. The President shall make
his national interest determination within five
months of November 28, 1995. In evaluating
whether exports of this oil are in the national
interest, the President shall at a minimum consider—
(A) whether exports of this oil would diminish the total quantity or quality of petroleum
available to the United States;
(B) the results of an appropriate environmental review, including consideration of appropriate measures to mitigate any potential
adverse effects of exports of this oil on the environment, which shall be completed within
four months of November 28, 1995; and
(C) whether exports of this oil are likely to
cause sustained material oil supply shortages
or sustained oil prices significantly above
world market levels that would cause sustained material adverse employment effects in
the United States or that would cause substantial harm to consumers, including noncontiguous States and Pacific territories.
If the President determines that exports of this
oil are in the national interest, he may impose
such terms and conditions (other than a volume
limitation) as are necessary or appropriate to
ensure that such exports are consistent with the
national interest.
(2) Except in the case of oil exported to a
country with which the United States entered
into a bilateral international oil supply agreement before November 26, 1979, or to a country
pursuant to the International Emergency Oil
Sharing Plan of the International Energy Agency, any oil transported by pipeline over right-ofway granted pursuant to section 1652 of title 43
shall, when exported, be transported by a vessel
documented under the laws of the United States
and owned by a citizen of the United States (as
determined in accordance with section 50501 of
title 46).
(3) Nothing in this subsection shall restrict
the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the
National Emergencies Act (50 U.S.C. 1601 et
seq.), or Part B of title II of the Energy Policy
and Conservation Act (42 U.S.C. 6271–76) to prohibit exports.
(4) The Secretary of Commerce shall issue any
rules necessary for implementation of the President’s national interest determination, including any licensing requirements and conditions,
within 30 days of the date of such determination
by the President. The Secretary of Commerce
shall consult with the Secretary of Energy in
administering the provisions of this subsection.
(5) If the Secretary of Commerce finds that exporting oil under authority of this subsection
has caused sustained material oil supply shortages or sustained oil prices significantly above
world market levels and further finds that these
supply shortages or price increases have caused
or are likely to cause sustained material adverse

§ 185

employment effects in the United States, the
Secretary of Commerce, in consultation with
the Secretary of Energy, shall recommend, and
the President may take, appropriate action concerning exports of this oil, which may include
modifying or revoking authority to export such
oil.
(6) Administrative action under this subsection is not subject to sections 551 and 553
through 559 of title 5.
(t) Existing rights-of-way
The Secretary or agency head may ratify and
confirm any right-of-way or permit for an oil or
gas pipeline or related facility that was granted
under any provision of law before the effective
date of this subsection, if it is modified by mutual agreement to comply to the extent practical with the provisions of this section. Any action taken by the Secretary or agency head pursuant to this subsection shall not be considered
a major Federal action requiring a detailed
statement pursuant to section 102(2)(C) of the
National Environmental Policy Act of 1970 (Public Law 90–190; 42 U.S.C. 4321).1
(u) Limitations on export
Any domestically produced crude oil transported by pipeline over rights-of-way granted
pursuant to this section, except such crude oil
which is either exchanged in similar quantity
for convenience or increased efficiency of transportation with persons or the government of an
adjacent foreign state, or which is temporarily
exported for convenience or increased efficiency
of transportation across parts of an adjacent foreign state and reenters the United States, shall
be subject to all of the limitations and licensing
requirements of the Export Administration Act
of 1979 (50 U.S.C. App. 2401 and following) and, in
addition, before any crude oil subject to this
section may be exported under the limitations
and licensing requirements and penalty and enforcement provisions of the Export Administration Act of 1979 the President must make and
publish an express finding that such exports will
not diminish the total quantity or quality of petroleum available to the United States, and are
in the national interest and are in accord with
the provisions of the Export Administration Act
of 1979: Provided, That the President shall submit reports to the Congress containing findings
made under this section, and after the date of
receipt of such report Congress shall have a period of sixty calendar days, thirty days of which
Congress must have been in session, to consider
whether exports under the terms of this section
are in the national interest. If the Congress
within this time period passes a concurrent resolution of disapproval stating disagreement
with the President’s finding concerning the national interest, further exports made pursuant
to the aforementioned Presidential findings
shall cease.
(v) State standards
The Secretary or agency head shall take into
consideration and to the extent practical comply with State standards for right-of-way construction, operation, and maintenance.
1 So in original. Probably should be ‘‘National Environmental
Policy Act of 1969 (Public Law 91–190; 42 U.S.C. 4332(2)(C))’’.

§ 185

TITLE 30—MINERAL LANDS AND MINING

(w) Reports
(1) The Secretary and other appropriate agency heads shall report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate
annually on the administration of this section
and on the safety and environmental requirements imposed pursuant thereto.
(2) The Secretary or agency head shall
promptly notify the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate upon
receipt of an application for a right-of-way for a
pipeline twenty-four inches or more in diameter,
and no right-of-way for such a pipeline shall be
granted until a notice of intention to grant the
right-of-way, together with the Secretary’s or
agency head’s detailed findings as to the terms
and conditions he proposes to impose, has been
submitted to such committees.
(3) Periodically, but at least once a year, the
Secretary of the Department of Transportation
shall cause the examination of all pipelines and
associated facilities on Federal lands and shall
cause the prompt reporting of any potential
leaks or safety problems.
(x) Liability
(1) The Secretary or agency head shall promulgate regulations and may impose stipulations
specifying the extent to which holders of rightsof-way and permits under this chapter shall be
liable to the United States for damage or injury
incurred by the United States in connection
with the right-of-way or permit. Where the
right-of-way or permit involves lands which are
under the exclusive jurisdiction of the Federal
Government, the Secretary or agency head shall
promulgate regulations specifying the extent to
which holders shall be liable to third parties for
injuries incurred in connection with the rightof-way or permit.
(2) The Secretary or agency head may, by regulation or stipulation, impose a standard of
strict liability to govern activities taking place
on a right-of-way or permit area which the Secretary or agency head determines, in his discretion, to present a foreseeable hazard or risk of
danger to the United States.
(3) Regulations and stipulations pursuant to
this subsection shall not impose strict liability
for damage or injury resulting from (A) an act of
war, or (B) negligence of the United States.
(4) Any regulation or stipulation imposing liability without fault shall include a maximum
limitation on damages commensurate with the
foreseeable risks or hazards presented. Any liability for damage or injury in excess of this
amount shall be determined by ordinary rules of
negligence.
(5) The regulations and stipulations shall also
specify the extent to which such holders shall
indemnify or hold harmless the United States
for liability, damage, or claims arising in connection with the right-of-way or permit.
(6) Any regulation or stipulation promulgated
or imposed pursuant to this section shall provide that all owners of any interest in, and all
affiliates or subsidiaries of any holder of, a

Page 44

right-of-way or permit shall be liable to the
United States in the event that a claim for damage or injury cannot be collected from the holder.
(7) In any case where liability without fault is
imposed pursuant to this subsection and the
damages involved were caused by the negligence
of a third party, the rules of subrogation shall
apply in accordance with the law of the jurisdiction where the damage occurred.
(y) Antitrust laws
The grant of a right-of-way or permit pursuant
to this section shall grant no immunity from
the operation of the Federal antitrust laws.
(Feb. 25, 1920, ch. 85, § 28, 41 Stat. 449; Aug. 21,
1935, ch. 599, § 1, 49 Stat. 678; Aug. 12, 1953, ch. 408,
67 Stat. 557; Pub. L. 93–153, title I, § 101, Nov. 16,
1973, 87 Stat. 576; Pub. L. 95–91, title III, §§ 301(b),
306, title IV, § 402(a), (b), title VII, §§ 703, 707,
Aug. 4, 1977, 91 Stat. 578, 581, 583, 584, 606, 607;
Pub. L. 99–64, title I, § 123(b), July 12, 1985, 99
Stat. 156; Pub. L. 101–475, § 1, Oct. 30, 1990, 104
Stat. 1102; Pub. L. 103–437, § 11(a)(1), Nov. 2, 1994,
108 Stat. 4589; Pub. L. 104–58, title II, § 201, Nov.
28, 1995, 109 Stat. 560; Pub. L. 104–66, title I,
§ 1121(k), Dec. 21, 1995, 109 Stat. 724.)
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (h)(1), is Pub. L. 91–190, Jan 1, 1970,
83 Stat. 852, as amended, which is classified generally
to chapter 55 (§ 4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The date of enactment of this subsection, referred to
in subsec. (k), the effective date of this provision, referred to in subsec. (q), and the effective date of this
subsection, referred to in subsec. (t), probably mean the
date of approval of Pub. L. 93–153, which was Nov. 16,
1973.
The Natural Gas Act, referred to in subsec. (r)(3)(A),
is act June 21, 1938, ch. 556, 52 Stat. 821, as amended,
which is classified generally to chapter 15B (§ 717 et
seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see section 717w
of Title 15 and Tables.
The International Emergency Economic Powers Act,
referred to in subsec. (s)(3), is title II of Pub. L. 95–223,
Dec. 28, 1977, 91 Stat. 1626, as amended, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50,
War and National Defense. For complete classification
of this Act to the Code, see Short Title note set out
under section 1701 of Title 50 and Tables.
The National Emergencies Act, referred to in subsec.
(s)(3), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, as
amended, which is classified principally to chapter 34
(§ 1601 et seq.) of Title 50. For complete classification of
this Act to the Code, see Short Title note set out under
section 1601 of Title 50 and Tables.
The Energy Policy and Conservation Act, referred to
in subsec. (s)(3), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat.
871, as amended. Part B of title II of the Act is classified generally to part B (§ 6271 et seq.) of subchapter II
of chapter 77 of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see
Short Title note set out under section 6201 of Title 42
and Tables.
The Export Administration Act of 1979, referred to in
subsec. (u), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503,
as amended, which is classified principally to section
2401 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the
Code, see Short Title note set out under section 2401 of
Title 50, Appendix, and Tables.

Page 45

TITLE 30—MINERAL LANDS AND MINING

§ 185

CODIFICATION

TRANSFER OF FUNCTIONS

In subsec. (s)(2), ‘‘section 50501 of title 46’’ substituted
for ‘‘section 2 of the Shipping Act, 1916 (46 U.S.C. App.
802)’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006,
120 Stat. 1709, which Act enacted section 50501 of Title
46, Shipping.

Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with grants of rights-of-way and temporary use permits
for Federal land and such functions of Secretary or
other official in Department of Agriculture, insofar as
they involve lands and programs under jurisdiction of
Department of Agriculture, related to compliance with
associated land use permits authorized for and in conjunction with grants of rights-of-way across Federal
lands issued under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas
were transferred to the Federal Inspector, Office of
Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of
initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e),
(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of
Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority
vested in Inspector transferred to Secretary of Energy
by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section
719e of Title 15, Commerce and Trade. Functions and
authority vested in Secretary of Energy subsequently
transferred to Federal Coordinator for Alaska Natural
Gas Transportation Projects by section 720d(f) of Title
15.
‘‘Secretary of Energy or Federal Energy Regulatory
Commission’’ substituted for ‘‘Interstate Commerce
Commission or Federal Power Commission’’ in subsec.
(r)(5) pursuant to sections 301(b), 306, 402(a), (b), 703, and
707 of Pub. L. 95–91, which are classified to sections
7151(b), 7155, 7172(a), (b), 7293, and 7297 of Title 42, The
Public Health and Welfare, and which transferred functions vested in Interstate Commerce Commission, and
Chairman and members thereof, relating to transportation of oil by pipeline to Secretary of Energy (except
for certain functions which were transferred to Federal
Energy Regulatory Commission within Department of
Energy), and terminated Federal Power Commission
and transferred its functions to Secretary of Energy
(except for certain functions which were transferred to
Federal Energy Regulatory Commission).

AMENDMENTS
1995—Subsec. (s). Pub. L. 104–58 amended heading and
text of subsec. (s) generally. Prior to amendment, subsec. (s) provided that the Secretary of Interior, in consultation with Federal and State agencies, review need
for national system of transportation and utility corridors across Federal lands and report to Congress and
the President by July 1, 1975.
Subsec. (w)(4). Pub. L. 104–66 struck out par. (4) which
read as follows: ‘‘The Secretary of the Department of
Transportation shall report annually to the President,
the Congress, the Secretary of the Interior, and the
Secretary of Energy any potential dangers of or actual
explosions, or potential or actual spillage on Federal
lands and shall include in such report a statement of
corrective action taken to prevent such explosion or
spillage.’’
1994—Subsec. (w)(1), (2). Pub. L. 103–437 substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
before ‘‘of the United States House’’.
1990—Subsec. (w)(1). Pub. L. 101–475, § 1(a), substituted
‘‘Committee on Interior and Insular Affairs of the
United States House of Representatives and the Committee on Energy and Natural Resources of the United
States Senate’’ for ‘‘House and Senate Committees on
Interior and Insular Affairs’’.
Subsec. (w)(2). Pub. L. 101–475, § 1(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘The Secretary or agency head shall notify the House
and Senate Committees on Interior and Insular Affairs
promptly upon receipt of an application for a right-ofway for a pipeline twenty-four inches or more in diameter, and no right-of-way for such a pipeline shall be
granted until sixty days (not counting days on which
the House of Representatives or the Senate has adjourned for more than three days) after a notice of intention to grant the right-of-way, together with the
Secretary’s or agency head’s detailed findings as to
terms and conditions he proposes to impose, has been
submitted to such committees, unless each committee
by resolution waives the waiting period.’’
1985—Subsec. (u). Pub. L. 99–64 substituted ‘‘Export
Administration Act of 1979 (50 U.S.C. App. 2401 and following)’’ for ‘‘Export Administration Act of 1969 (Act of
December 30, 1969; 83 Stat. 841)’’ and ‘‘Export Administration Act of 1979’’ for ‘‘Export Administration Act of
1969’’ in two places.
1973—Pub. L. 93–153 completely rewrote the section
substituting 25 subsecs. lettered (a) through (y) covering all aspects of the granting of rights-of-way for pipelines through Federal lands for the former single unlettered paragraph under which rights-of-way of 25 feet on
each side of the pipeline could be granted and under
which the pipeline was to be operated as a common carrier.
1953—Act Aug. 12, 1953, permitted companies subject
to Federal regulation, or public utilities subject to
State regulations, to pass through the public domain
without incurring the obligation to become a common
carrier.
1935—Act Aug. 21, 1935, substituted ‘‘may be granted
by the Secretary of the Interior’’ for ‘‘are granted’’ and
inserted ‘‘and conditions’’ after ‘‘regulations’’ in two
places, and ‘‘and shall accept, convey, transport, or
purchase without discrimination, oil or natural gas
produced from Government lands in the vicinity of the
pipe line in such proportionate amounts as the Secretary of the Interior may, after a full hearing with notice thereof to the interested parties and a proper finding of facts, determine to be reasonable:’’ after ‘‘and
maintained as common carriers.’’.

REIMBURSEMENT OF ADMINISTRATIVE AND OTHER COSTS
Pub. L. 105–277, div. A, § 101(e) [title II], Oct. 21, 1998,
112 Stat. 2681–231, 2681–272, provided that: ‘‘Notwithstanding any other provision of law, hereafter money
collected, in advance or otherwise, by the Forest Service under authority of section 101 of Public Law 93–153
(30 U.S.C. 185(1)[(l)]) as reimbursement of administrative and other costs incurred in processing pipeline
right-of-way or permit applications and for costs incurred in monitoring the construction, operation,
maintenance, and termination of any pipeline and related facilities, may be used to reimburse the applicable appropriation to which such costs were originally
charged.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 105–83, title II, Nov. 14, 1997, 111 Stat. 1576.
Pub. L. 104–208, div. A, title I, § 101(d) [title II], Sept.
30, 1996, 110 Stat. 3009–181, 3009–208.
Pub. L. 104–134, title I, § 101(c) [title II], Apr. 26, 1996,
110 Stat. 1321–156, 1321–184; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2524.
Pub. L. 103–138, title II, Nov. 11, 1993, 107 Stat. 1403.
Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1401.
Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1017.
GAO REPORT
Section 202 of Pub. L. 104–58 directed the Comptroller
General of the United States to commence, three years
after Nov. 28, 1995, a review of energy production in

§ 186

TITLE 30—MINERAL LANDS AND MINING

California and Alaska and the effects of Alaskan North
Slope oil exports, if any, on consumers, independent refiners, and shipbuilding and ship repair yards on the
West Coast and in Hawaii, and to submit to Congress,
within twelve months after commencing the review, a
report containing recommendations for Congress and
the President to address job loss in the shipbuilding
and ship repair industry on the West Coast, as well as
adverse impacts on consumers and refiners on the West
Coast and in Hawaii, that are attributed to Alaska
North Slope oil exports.
OUTER CONTINENTAL SHELF; PIPELINE RIGHTS-OF-WAY
Pipeline rights-of-way in connection with oil, gas,
and other leases on submerged lands of outer Continental Shelf, see section 1334 of Title 43, Public Lands.
EXPORTS OF ALASKAN NORTH SLOPE (ANS) CRUDE OIL
Memorandum of President of the United States, Apr.
28, 1996, 61 F.R. 19507, provided:
Memorandum for the Secretary of Commerce [and]
the Secretary of Energy
Pursuant to section 28(s) of the Mineral Leasing Act,
as amended, 30 U.S.C. 185, I hereby determine that exports of crude oil transported over right-of-way granted
pursuant to section 203 of the Trans-Alaska Pipeline
Authorization Act [43 U.S.C. 1652] are in the national
interest. In making this determination, I have taken
into account the conclusions of an interagency working
group, which found that such oil exports:
—will not diminish the total quantity or quality of
petroleum available to the United States; and
—are not likely to cause sustained material oil supply shortages or sustained oil price increases significantly above world market levels that would cause sustained material adverse employment effects in the
United States or that would cause substantial harm to
consumers, including those located in noncontiguous
States and Pacific Territories.
I have also considered the interagency group’s conclusions regarding potential environmental impacts of
lifting the ban. Based on their findings and recommendations, I have concluded that exports of such
crude oil will not pose significant risks to the environment if certain terms and conditions are met.
Therefore, pursuant to section 28(s) of the Mineral
Leasing Act I direct the Secretary of Commerce to promulgate immediately a general license, or a license exception, authorizing exports of such crude oil, subject
to appropriate documentation requirements, and consistent with the following conditions:
—tankers exporting ANS exports must use the same
route that they do for shipments to Hawaii until they
reach a point 300 miles due south of Cape Hinchinbrook
Light and then turn toward Asian destinations. After
reaching that point, tankers in the ANS oil trade must
remain outside of the 200 nautical-miles Exclusive Economic Zone of the United States as defined in the Fisheries Conservation and Management Act (16 U.S.C. 1811)
[probably means the Magnuson-Stevens Fishery Conservation and Management Act]. This condition also
applies to tankers returning from foreign ports to
Valdez, Alaska. Exceptions can be made at the discretion of the vessel master only to ensure the safety of
the vessel;
—that export tankers be equipped with satellitebased communications systems that will enable the
Coast Guard independently to determine their location.
The Coast Guard will conduct appropriate monitoring
of the tankers, a measure that will ensure compliance
with the 200-mile condition, and help the Coast Guard
respond quickly to any emergencies;
—the owner or operator of an Alaskan North Slope
crude oil export tankship shall maintain a Critical
Area Inspection Plan for each tankship in the trade in
accordance with the U.S. Coast Guard’s Navigation and
Inspection Circular No. 15–91 as amended, which shall
include an annual internal survey of the vessel’s cargo
block tanks; and

Page 46

—the owner or operator of an Alaskan North Slope
crude oil export tankship shall adopt a mandatory program of deep water ballast exchange (i.e., in 2,000 meters water depth). Exceptions can be made at the discretion of the captain only in order to ensure the safety
of the vessel. Recordkeeping subject to Coast Guard
audit will be required as part of this regime.
The Secretary of Commerce is authorized and directed to inform the appropriate committees of the
Congress of this determination and to publish it in the
Federal Register.
WILLIAM J. CLINTON.

§ 186. Reservation of easements or rights-of-way
for working purposes; reservation of right to
dispose of surface of lands; determination before offering of lease; easement periods
Any permit, lease, occupation, or use permitted under this chapter shall reserve to the
Secretary of the Interior the right to permit
upon such terms as he may determine to be just,
for joint or several use, such easements or
rights-of-way, including easements in tunnels
upon, through, or in the lands leased, occupied,
or used as may be necessary or appropriate to
the working of the same, or of other lands containing the deposits described in this chapter,
and the treatment and shipment of the products
thereof by or under authority of the Government, its lessees, or permittees, and for other
public purposes. The Secretary of the Interior,
in his discretion, in making any lease under this
chapter, may reserve to the United States the
right to lease, sell, or otherwise dispose of the
surface of the lands embraced within such lease
under existing law or laws hereafter enacted, insofar as said surface is not necessary for use of
the lessee in extracting and removing the deposits therein. If such reservation is made it shall
be so determined before the offering of such
lease. The said Secretary, during the life of the
lease, is authorized to issue such permits for
easements herein provided to be reserved.
(Feb. 25, 1920, ch. 85, § 29, 41 Stat. 449.)
§ 187. Assignment or subletting of leases; relinquishment of rights under leases; conditions
in leases for protection of diverse interests
in operation of mines, wells, etc.; State laws
not impaired
No lease issued under the authority of this
chapter shall be assigned or sublet, except with
the consent of the Secretary of the Interior. The
lessee may, in the discretion of the Secretary of
the Interior, be permitted at any time to make
written relinquishment of all rights under such
a lease, and upon acceptance thereof be thereby
relieved of all future obligations under said
lease, and may with like consent surrender any
legal subdivision of the area included within the
lease. Each lease shall contain provisions for the
purpose of insuring the exercise of reasonable
diligence, skill, and care in the operation of said
property; a provision that such rules for the
safety and welfare of the miners and for the prevention of undue waste as may be prescribed by
said Secretary shall be observed, including a restriction of the workday to not exceeding eight
hours in any one day for underground workers
except in cases of emergency; provisions prohibiting the employment of any child under the age

Page 47

TITLE 30—MINERAL LANDS AND MINING

of sixteen in any mine below the surface; provisions securing the workmen complete freedom of
purchase; provision requiring the payment of
wages at least twice a month in lawful money of
the United States, and providing proper rules
and regulations to insure the fair and just
weighing or measurement of the coal mined by
each miner, and such other provisions as he may
deem necessary to insure the sale of the production of such leased lands to the United States
and to the public at reasonable prices, for the
protection of the interests of the United States,
for the prevention of monopoly, and for the safeguarding of the public welfare. None of such provisions shall be in conflict with the laws of the
State in which the leased property is situated.
(Feb. 25, 1920, ch. 85, § 30, 41 Stat. 449; Pub. L.
95–554, § 5, Oct. 30, 1978, 92 Stat. 2074.)
AMENDMENTS
1978—Pub. L. 95–554 substituted ‘‘provisions prohibiting the employment of any child under the age of sixteen in any mine below the surface’’ for ‘‘provisions
prohibiting the employment of any boy under the age
of sixteen or the employment of any girl or woman,
without regard to age, in any mine below the surface’’.

§ 187a. Oil or gas leases; partial assignments
Notwithstanding anything to the contrary in
section 187 of this title, any oil or gas lease issued under the authority of this chapter may be
assigned or subleased, as to all or part of the
acreage included therein, subject to final approval by the Secretary and as to either a divided or undivided interest therein, to any person or persons qualified to own a lease under
this chapter, and any assignment or sublease
shall take effect as of the first day of the lease
month following the date of filing in the proper
land office of three original executed counterparts thereof, together with any required bond
and proof of the qualification under this chapter
of the assignee or sublessee to take or hold such
lease or interest therein. Until such approval,
however, the assignor or sublessor and his surety shall continue to be responsible for the performance of any and all obligations as if no assignment or sublease had been executed. The
Secretary shall disapprove the assignment or
sublease only for lack of qualification of the assignee or sublessee or for lack of sufficient bond:
Provided, however, That the Secretary may, in
his discretion, disapprove an assignment of any
of the following, unless the assignment constitutes the entire lease or is demonstrated to
further the development of oil and gas:
(1) A separate zone or deposit under any
lease.
(2) A part of a legal subdivision.
(3) Less than 640 acres outside Alaska or of
less than 2,560 acres within Alaska.
Requests for approval of assignment or sublease
shall be processed promptly by the Secretary.
Except where the assignment or sublease is not
in accordance with applicable law, the approval
shall be given within 60 days of the date of receipt by the Secretary of a request for such approval. Upon approval of any assignment or sublease, the assignee or sublessee shall be bound
by the terms of the lease to the same extent as

§ 187b

if such assignee or sublessee were the original
lessee, any conditions in the assignment or sublease to the contrary notwithstanding. Any partial assignment of any lease shall segregate the
assigned and retained portions thereof, and as
above provided, release and discharge the assignor from all obligations thereafter accruing
with respect to the assigned lands; and such segregated leases shall continue in full force and effect for the primary term of the original lease,
but for not less than two years after the date of
discovery of oil or gas in paying quantities upon
any other segregated portion of the lands originally subject to such lease. Assignments under
this section may also be made of parts of leases
which are in their extended term because of any
provision of this chapter. Upon the segregation
by an assignment of a lease issued after September 2, 1960 and held beyond its primary term by
production, actual or suspended, or the payment
of compensatory royalty, the segregated lease of
an undeveloped, assigned, or retained part shall
continue for two years, and so long thereafter as
oil or gas is produced in paying quantities.
(Feb. 25, 1920, ch. 85, § 30A, formerly § 30a, as
added Aug. 8, 1946, ch. 916, § 7, 60 Stat. 955;
amended July 29, 1954, ch. 644, § 1(6), 68 Stat. 585;
Pub. L. 86–705, § 6, Sept. 2, 1960, 74 Stat. 790; renumbered § 30A and amended Pub. L. 100–203,
title V, § 5103, Dec. 22, 1987, 101 Stat. 1330–258.)
AMENDMENTS
1987—Pub. L. 100–203 substituted third to fifth sentences for former third sentence which read as follows:
‘‘The Secretary shall disapprove the assignment or sublease only for lack of qualification of the assignee or
sublessee or for lack of sufficient bond: Provided, however, That the Secretary may, in his discretion, disapprove an assignment of a separate zone or deposit
under any lease, or of a part of a legal subdivision.’’
1960—Pub. L. 86–705 amended last sentence to restrict
automatic extensions after Sept. 2, 1960.
1954—Act July 29, 1954, authorized partial assignment
of a lease in its extended term regardless of reason for
extension.
SAVINGS PROVISION
See note set out under section 181 of this title.
LEASES ISSUED PRIOR TO SEPTEMBER 2, 1960
Section 6 of Pub. L. 86–705 provided in part that: ‘‘The
provisions of this section 6 [amending this section]
shall not be applicable to any lease issued prior to the
effective date of this Act [Sept. 2, 1960].’’

§ 187b. Oil or gas leases; written relinquishment
of rights; release of obligations
Notwithstanding any provision to the contrary in section 187 of this title, a lessee may at
any time make and file in the appropriate land
office a written relinquishment of all rights
under any oil or gas lease issued under the authority of this chapter or of any legal subdivision of the area included within any such lease.
Such relinquishment shall be effective as of the
date of its filing, subject to the continued obligation of the lessee and his surety to make payment of all accrued rentals and royalties and to
place all wells on the lands to be relinquished in
condition for suspension or abandonment in accordance with the applicable lease terms and
regulations; thereupon the lessee shall be re-

§ 188

TITLE 30—MINERAL LANDS AND MINING

leased of all obligations thereafter accruing
under said lease with respect to the lands relinquished, but no such relinquishment shall release such lessee, or his bond, from any liability
for breach of any obligation of the lease, other
than an obligation to drill, accrued at the date
of the relinquishment.
(Feb. 25, 1920, ch. 85, § 30B, formerly § 30b, as
added Aug. 8, 1946, ch. 916, § 8, 60 Stat. 956; renumbered § 30B, Pub. L. 100–203, title V, § 5103,
Dec. 22, 1987, 101 Stat. 1330–258.)
SAVINGS PROVISION
See note set out under section 181 of this title.

§ 188. Failure to comply with provisions of lease
(a) Forfeiture
Except as otherwise herein provided, any lease
issued under the provisions of this chapter may
be forfeited and canceled by an appropriate proceeding in the United States district court for
the district in which the property, or some part
thereof, is located whenever the lessee fails to
comply with any of the provisions of this chapter, of the lease, or of the general regulations
promulgated under this chapter and in force at
the date of the lease; and the lease may provide
for resort to appropriate methods for the settlement of disputes or for remedies for breach of
specified conditions thereof.
(b) Cancellation
Any lease issued after August 21, 1935, under
the provisions of section 226 of this title shall be
subject to cancellation by the Secretary of the
Interior after 30 days notice upon the failure of
the lessee to comply with any of the provisions
of the lease, unless or until the leasehold contains a well capable of production of oil or gas
in paying quantities, or the lease is committed
to an approved cooperative or unit plan or
communitization agreement under section
226(m) of this title which contains a well capable
of production of unitized substances in paying
quantities. Such notice in advance of cancellation shall be sent the lease owner by registered
letter directed to the lease owner’s record postoffice address, and in case such letter shall be
returned as undelivered, such notice shall also
be posted for a period of thirty days in the
United States land office for the district in
which the land covered by such lease is situated,
or in the event that there is no district land office for such district, then in the post office
nearest such land. Notwithstanding the provisions of this section, however, upon failure of a
lessee to pay rental on or before the anniversary
date of the lease, for any lease on which there is
no well capable of producing oil or gas in paying
quantities, the lease shall automatically terminate by operation of law: Provided, however, That
when the time for payment falls upon any day in
which the proper office for payment is not open,
payment may be received the next official working day and shall be considered as timely made:
Provided, That if the rental payment due under
a lease is paid on or before the anniversary date
but either (1) the amount of the payment has
been or is hereafter deficient and the deficiency
is nominal, as determined by the Secretary by

Page 48

regulation, or (2) the payment was calculated in
accordance with the acreage figure stated in the
lease, or in any decision affecting the lease, or
made in accordance with a bill or decision which
has been rendered by him and such figure, bill,
or decision is found to be in error resulting in a
deficiency, such lease shall not automatically
terminate unless (1) a new lease had been issued
prior to May 12, 1970, or (2) the lessee fails to pay
the deficiency within the period prescribed in a
notice of deficiency sent to him by the Secretary.
(c) Reinstatement
Where any lease has been or is hereafter terminated automatically by operation of law
under this section for failure to pay on or before
the anniversary date the full amount of rental
due, but such rental was paid on or tendered
within twenty days thereafter, and it is shown
to the satisfaction of the Secretary of the Interior that such failure was either justifiable or
not due to a lack of reasonable diligence on the
part of the lessee, the Secretary may reinstate
the lease if—
(1) a petition for reinstatement, together
with the required rental, including back rental
accruing from the date of termination of the
lease, is filed with the Secretary; and
(2) no valid lease has been issued affecting
any of the lands covered by the terminated
lease prior to the filing of said petition. The
Secretary shall not issue any new lease affecting any of the lands covered by such terminated lease for a reasonable period, as determined in accordance with regulations issued
by him. In any case where a reinstatement of
a terminated lease is granted under this subsection and the Secretary finds that the reinstatement of such lease will not afford the lessee a reasonable opportunity to continue operations under the lease, the Secretary may, at
his discretion, extend the term of such lease
for such period as he deems reasonable: Provided, That (A) such extension shall not exceed
a period equivalent to the time beginning
when the lessee knew or should have known of
the termination and ending on the date the
Secretary grants such petition; (B) such extension shall not exceed a period equal to the unexpired portion of the lease or any extension
thereof remaining at the date of termination;
and (C) when the reinstatement occurs after
the expiration of the term or extension thereof
the lease may be extended from the date the
Secretary grants the petition.
(d) Additional grounds for reinstatement
(1) Where any oil and gas lease issued pursuant
to section 226(b) or (c) of this title or the Mineral Leasing Act for Acquired Lands (30 U.S.C.
351 et seq.) has been, or is hereafter, terminated
automatically by operation of law under this
section for failure to pay on or before the anniversary date the full amount of the rental due,
and such rental is not paid or tendered within
twenty days thereafter, and it is shown to the
satisfaction of the Secretary of the Interior that
such failure was justifiable or not due to lack of
reasonable diligence on the part of the lessee,
or, no matter when the rental is paid after termination, it is shown to the satisfaction of the

Page 49

TITLE 30—MINERAL LANDS AND MINING

Secretary that such failure was inadvertent, the
Secretary may reinstate the lease as of the date
of termination for the unexpired portion of the
primary term of the original lease or any extension thereof remaining at the date of termination, and so long thereafter as oil or gas is
produced in paying quantities. In any case
where a lease is reinstated under this subsection
and the Secretary finds that the reinstatement
of such lease (A) occurs after the expiration of
the primary term or any extension thereof, or
(B) will not afford the lessee a reasonable opportunity to continue operations under the lease,
the Secretary may, at his discretion, extend the
term of such lease for such period as he deems
reasonable, but in no event for more than two
years from the date the Secretary authorizes
the reinstatement and so long thereafter as oil
or gas is produced in paying quantities.
(2) No lease shall be reinstated under paragraph (1) of this subsection unless—
(A) with respect to any lease that terminated under subsection (b) of this section on or
before August 8, 2005, a petition for reinstatement (together with the required back rental
and royalty accruing after the date of termination) is filed on or before the earlier of—
(i) 60 days after the lessee receives from
the Secretary notice of termination, whether by return of check or by any other form
of actual notice; or
(ii) 15 months after the termination of the
lease; or
(B) with respect to any lease that terminates
under subsection (b) of this section after August 8, 2005, a petition for reinstatement (together with the required back rental and royalty accruing after the date of termination) is
filed on or before the earlier of—
(i) 60 days after receipt of the notice of termination sent by the Secretary by certified
mail to all lessees of record; or
(ii) 24 months after the termination of the
lease.
(e) Conditions for reinstatement
Any reinstatement under subsection (d) of this
section shall be made only if these conditions
are met:
(1) no valid lease, whether still in existence
or not, shall have been issued affecting any of
the lands covered by the terminated lease
prior to the filing of such petition: Provided,
however, That after receipt of a petition for reinstatement, the Secretary shall not issue any
new lease affecting any of the lands covered by
such terminated lease for a reasonable period,
as determined in accordance with regulations
issued by him;
(2) payment of back rentals and either the
inclusion in a reinstated lease issued pursuant
to the provisions of section 226(b) of this title
of a requirement for future rentals at a rate of
not less than $10 per acre per year, or the inclusion in a reinstated lease issued pursuant
to the provisions of section 226(c) of this title
of a requirement that future rentals shall be
at a rate not less than $5 per acre per year, all
as determined by the Secretary;
(3)(A) payment of back royalties and the inclusion in a reinstated lease issued pursuant

§ 188

to the provisions of section 226(b) of this title
of a requirement for future royalties at a rate
of not less than 162⁄3 percent computed on a
sliding scale based upon the average production per well per day, at a rate which shall be
not less than 4 percentage points greater than
the competitive royality 1 schedule then in
force and used for royalty determination for
competitive leases issued pursuant to such
section as determined by the Secretary: Provided, That royalty on such reinstated lease
shall be paid on all production removed or sold
from such lease subsequent to the termination
of the original lease;
(B) payment of back royalties and inclusion
in a reinstated lease issued pursuant to the
provisions of section 226(c) of this title of a requirement for future royalties at a rate not
less than 162⁄3 percent: Provided, That royalty
on such reinstated lease shall be paid on all
production removed or sold from such lease
subsequent to the cancellation or termination
of the original lease; and
(4) notice of the proposed reinstatement of a
terminated lease, including the terms and conditions of reinstatement, shall be published in
the Federal Register at least thirty days in advance of the reinstatement.
A copy of said notice, together with information
concerning rental, royalty, volume of production, if any, and any other matter which the
Secretary deemed significant in making this determination to reinstate, shall be furnished to
the Committee on Natural Resources of the
House of Representatives and the Committee on
Energy and Natural Resources of the Senate at
least thirty days in advance of the reinstatement. The lessee of a reinstated lease shall reimburse the Secretary for the administrative
costs of reinstating the lease, but not to exceed
$500. In addition the lessee shall reimburse the
Secretary for the cost of publication in the Federal Register of the notice of proposed reinstatement.
(f) Issuance of noncompetitive oil and gas lease;
conditions
Where an unpatented oil placer mining claim
validly located prior to February 24, 1920, which
has been or is currently producing or is capable
of producing oil or gas, has been or is hereafter
deemed conclusively abandoned for failure to
file timely the required instruments or copies of
instruments required by section 1744 of title 43,
and it is shown to the satisfaction of the Secretary that such failure was inadvertent, justifiable, or not due to lack of reasonable diligence
on the part of the owner, the Secretary may
issue, for the lands covered by the abandoned
unpatented oil placer mining claim, a noncompetitive oil and gas lease, consistent with
the provisions of section 226(e) of this title, to be
effective from the statutory date the claim was
deemed conclusively abandoned. Issuance of
such a lease shall be conditioned upon:
(1) a petition for issuance of a noncompetitive oil and gas lease, together with the required rental and royalty, including back
rental and royalty accruing from the statu1 So

in original. Probably should be ‘‘royalty’’.

§ 188

TITLE 30—MINERAL LANDS AND MINING

tory date of abandonment of the oil placer
mining claim, being filed with the Secretary—
(A) with respect to any claim deemed conclusively abandoned on or before January 12,
1983, on or before the one hundred and twentieth day after January 12, 1983, or
(B) with respect to any claim deemed conclusively abandoned after January 12, 1983,
on or before the one hundred and twentieth
day after final notification by the Secretary
or a court of competent jurisdiction of the
determination of the abandonment of the oil
placer mining claim;
(2) a valid lease not having been issued affecting any of the lands covered by the abandoned oil placer mining claim prior to the filing of such petition: Provided, however, That
after the filing of a petition for issuance of a
lease under this subsection, the Secretary
shall not issue any new lease affecting any of
the lands covered by such abandoned oil placer
mining claim for a reasonable period, as determined in accordance with regulations issued
by him;
(3) a requirement in the lease for payment of
rental, including back rentals accruing from
the statutory date of abandonment of the oil
placer mining claim, of not less than $5 per
acre per year;
(4) a requirement in the lease for payment of
royalty on production removed or sold from
the oil placer mining claim, including all royalty on production made subsequent to the
statutory date the claim was deemed conclusively abandoned, of not less than 121⁄2 percent;
and
(5) compliance with the notice and reimbursement of costs provisions of paragraph (4)
of subsection (e) of this section but addressed
to the petition covering the conversion of an
abandoned unpatented oil placer mining claim
to a noncompetitive oil and gas lease.
(g) Treatment of leases
(1) Except as otherwise provided in this section, a reinstated lease shall be treated as a
competitive or a noncompetitive oil and gas
lease in the same manner as the original lease
issued pursuant to section 226(b) or (c) of this
title.
(2) Except as otherwise provided in this section, the issuance of a lease in lieu of an abandoned patented oil placer mining claim shall be
treated as a noncompetitive oil and gas lease issued pursuant to section 226(c) of this title.
(3) Notwithstanding any other provision of
law, any lease issued pursuant to section 223 of
this title shall be eligible for reinstatement
under the terms and conditions set forth in subsections (c), (d), and (e) of this section, applicable to leases issued under section 226(c) of this
title except, that, upon reinstatement, such
lease shall continue for twenty years and so long
thereafter as oil or gas is produced in paying
quantities.
(4) Notwithstanding any other provision of
law, any lease issued pursuant to section 223 of
this title shall, upon renewal on or after November 15, 1990, continue for twenty years and so
long thereafter as oil or gas is produced in paying quantities.

Page 50

(h) Statutory provisions applicable to leases
The minimum royalty provisions of section
226(m) of this title and the provisions of section
209 of this title shall be applicable to leases issued pursuant to subsections (d) and (f) of this
section.
(i) Royalty reductions
(1) In acting on a petition to issue a noncompetitive oil and gas lease, under subsection
(f) of this section or in response to a request
filed after issuance of such a lease, or both, the
Secretary is authorized to reduce the royalty on
such lease if in his judgment it is equitable to do
so or the circumstances warrant such relief due
to uneconomic or other circumstances which
could cause undue hardship or premature termination of production.
(2) In acting on a petition for reinstatement
pursuant to subsection (d) of this section or in
response to a request filed after reinstatement,
or both, the Secretary is authorized to reduce
the royalty in that reinstated lease on the entire leasehold or any tract or portion thereof
segregated for royalty purposes if, in his judgment, there are uneconomic or other circumstances which could cause undue hardship or
premature termination of production; or because of any written action of the United States,
its agents or employees, which preceded, and
was a major consideration in, the lessee’s expenditure of funds to develop the property under
the lease after the rent had become due and had
not been paid; or if in the judgment of the Secretary it is equitable to do so for any reason.
(j) Discretion of Secretary
Where, in the judgment of the Secretary of the
Interior, drilling operations were being diligently conducted on the last day of the primary
term of the lease, and, except for nonpayment of
rental, the lessee would have been entitled to
extension of his lease, pursuant to section
226–1(d) of this title, the Secretary of the Interior may reinstate such lease notwithstanding
the failure of the lessee to have made payment
of the next year’s rental, provided the conditions of subparagraphs (1) and (2) of subsection
(c) of this section are satisfied.
(Feb. 25, 1920, ch. 85, § 31, 41 Stat. 450; Aug. 8,
1946, ch. 916, § 9, 60 Stat. 956; July 29, 1954, ch. 644,
§ 1(7), 68 Stat. 585; Pub. L. 87–822, § 1, Oct. 15, 1962,
76 Stat. 943; Pub. L. 91–245, §§ 1, 2, May 12, 1970,
84 Stat. 206; Pub. L. 97–451, title IV, § 401, Jan. 12,
1983, 96 Stat. 2462; Pub. L. 100–203, title V,
§§ 5102(d)(2), 5104, Dec. 22, 1987, 101 Stat. 1330–258,
1330–259; Pub. L. 101–567, § 1, Nov. 15, 1990, 104
Stat. 2802; Pub. L. 103–437, § 11(a)(1), Nov. 2, 1994,
108 Stat. 4589; Pub. L. 109–58, title III, § 371(b),
Aug. 8, 2005, 119 Stat. 734.)
REFERENCES IN TEXT
The Mineral Leasing Act for Acquired Lands, referred
to in subsec. (d)(1), is act Aug. 7, 1947, ch. 513, 61 Stat.
913, as amended, which is classified generally to chapter 7 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 351 of this title and Tables.
AMENDMENTS
2005—Subsec. (d)(2)(A), (B). Pub. L. 109–58 added subpars. (A) and (B) and struck out former subpars. (A) and

Page 51

TITLE 30—MINERAL LANDS AND MINING

(B), which related to reinstatement with respect to any
lease that terminated under subsec. (b) of this section
prior to Jan. 12, 1983, and reinstatement with respect to
any lease that terminated under subsec. (b) of this section on or after Jan. 12, 1983.
1994—Subsec. (e). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ before ‘‘of
the House’’ in concluding provisions.
1990—Subsec. (g)(3), (4). Pub. L. 101–567 added pars. (3)
and (4).
1987—Subsec. (b). Pub. L. 100–203, § 5104, amended first
sentence generally. Prior to amendment, first sentence
read as follows: ‘‘Any lease issued after August 21, 1935,
under the provisions of section 226 of this title shall be
subject to cancellation by the Secretary of the Interior
after thirty days’ notice upon the failure of the lessee
to comply with any of the provisions of the lease, unless or until the land covered by any such lease is
known to contain valuable deposits of oil or gas.’’
Subsec. (h). Pub. L. 100–203, § 5102(d)(2), substituted
‘‘section 226(m)’’ for ‘‘section 226(j)’’.
1983—Subsecs. (d) to (j). Pub. L. 97–451 added subsecs.
(d) to (i) and redesignated former subsec. (d) as (j).
1970—Subsec. (b). Pub. L. 91–245, § 1, inserted proviso
authorizing continuance of a lease where timely paid
rent is nominally deficient or miscalculated due to an
error either in acreage figure stated in the lease, in any
decision affecting the lease, or in a bill or decision rendered by the Secretary, except where a new lease was
issued prior to May 12, 1970 or the lessee failed to pay
the deficiency within the period allowed by the Secretary.
Subsec. (c). Pub. L. 91–245, § 2, inserted provisions allowing reinstatement of a lease despite a twenty-day
delay in payment of rent, made the payment of back
rental accruing from the date of termination of the
lease a prerequisite to such reinstatement, restricted
the Secretary’s power to issue a new lease on the lands
covered by the terminated lease, gave the Secretary
discretion to extend the term of a reinstated lease so as
to afford the lessee a reasonable opportunity to continue operations under the lease, and struck out requirement that the petition for reinstatement of any
lease terminated prior to Oct. 15, 1962 be filed within
180 days after Oct. 15, 1962.
1962—Pub. L. 87–822 designated existing pars. as subsecs. (a) and (b) and added subsecs. (c) and (d).
1954—Act July 29, 1954, provided for automatic termination of a lease on failure to pay rental on or before
anniversary date of lease, for any lease on which there
is no well capable of producing oil or gas in paying
quantities.
1946—Act Aug. 8, 1946, principally added second par.
relating to cancellation of leases by Secretary of the
Interior.
SAVINGS PROVISION
See note set out under section 181 of this title.
REINSTATEMENT OF LEASES
Pub. L. 109–58, title III, § 371(a), Aug. 8, 2005, 119 Stat.
734, provided that:
‘‘Notwithstanding section 31(d)(2)(B) of the Mineral
Leasing Act (30 U.S.C. 188(d)(2)(B)) as in effect before
the effective date of this section [probably means the
date of enactment of Pub. L. 109–58, Aug. 8, 2005], and
notwithstanding the amendment made by subsection
(b) of this section [amending this section], the Secretary of the Interior may reinstate any oil and gas
lease issued under that Act [30 U.S.C. 181 et seq.] that
was terminated for failure of a lessee to pay the full
amount of rental on or before the anniversary date of
the lease, during the period beginning on September 1,
2001, and ending on June 30, 2004, if—
‘‘(1) not later than 120 days after the date of enactment of this Act [Aug. 8, 2005], the lessee—
‘‘(A) files a petition for reinstatement of the
lease;
‘‘(B) complies with the conditions of section 31(e)
of the Mineral Leasing Act (30 U.S.C. 188(e)); and

§ 189

‘‘(C) certifies that the lessee did not receive a notice of termination by the date that was 13 months
before the date of termination; and
‘‘(2) the land is available for leasing.’’
AUTHORITY FOR ISSUANCE OF LEASES UNAFFECTED BY
REINSTATEMENT OF LEASES
Section 2 of Pub. L. 87–822 provided that: ‘‘Nothing in
this Act [amending this section] shall be construed as
limiting the authority of the Secretary of the Interior
to issue, during the periods in which petitions for reinstatement may be filed, oil and gas leases for any of the
lands affected.’’
OUTER CONTINENTAL SHELF; CANCELLATION OF LEASES
Cancellation of mineral leases on submerged lands of
outer Continental Shelf, see sections 1334 and 1337 of
Title 43, Public Lands.

§ 188a. Surrender of leases
The Secretary of the Interior is authorized to
accept the surrender of any lease issued pursuant to any of the provisions of this chapter, or
any amendment thereof, where the surrender is
filed in the Bureau of Land Management subsequent to the accrual but prior to the payment of
the yearly rental due under the lease, upon payment of the accrued rental on a pro rata monthly basis for the portion of the lease year prior to
the filing of the surrender. The authority granted to the Secretary of the Interior by this section shall extend only to cases in which he finds
that the failure of the lessee to file a timely surrender of the lease prior to the accrual of the
rental was not due to a lack of reasonable diligence, but it shall not extend to claims or cases
which have been referred to the Department of
Justice for purposes of suit.
(Nov. 28, 1943, ch. 329, 57 Stat. 593; 1946 Reorg.
Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60
Stat. 1100.)
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.
TRANSFER OF FUNCTIONS
‘‘Bureau of Land Management’’ substituted in text
for ‘‘General Land Office’’ on authority of Reorg. Plan
No. 3 of 1946, § 403, set out in the Appendix to Title 5,
Government Organization and Employees.

§ 189. Rules and regulations; boundary lines;
State rights unaffected; taxation
The Secretary of the Interior is authorized to
prescribe necessary and proper rules and regulations and to do any and all things necessary to
carry out and accomplish the purposes of this
chapter, also to fix and determine the boundary
lines of any structure, or oil or gas field, for the
purposes of this chapter. Nothing in this chapter
shall be construed or held to affect the rights of
the States or other local authority to exercise
any rights which they may have, including the
right to levy and collect taxes upon improvements, output of mines, or other rights, property, or assets of any lessee of the United
States.
(Feb. 25, 1920, ch. 85, § 32, 41 Stat. 450.)
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior to promulgate
regulations under this chapter relating to fostering of

§ 190

TITLE 30—MINERAL LANDS AND MINING

competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for
operations conducted on Federal leases, setting of rates
for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and disposition of Federal royalty interests taken in kind,
transferred to Secretary of Energy by section 7152(b) of
Title 42, The Public Health and Welfare. Section 7152(b)
of Title 42 was repealed by Pub. L. 97–100, title II, § 201,
Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of
Energy returned to Secretary of the Interior. See
House Report No. 97–315, pp. 25, 26, Nov. 5, 1981.
OUTER CONTINENTAL SHELF; RULES AND REGULATIONS
WITH RESPECT TO LEASES
Rules and regulations with respect to mineral leases
on submerged lands of outer Continental Shelf to be
prescribed by Secretary of the Interior, see section 1334
of Title 43, Public Lands.

§ 190. Oath; requirement; form; blanks
All statements, representations, or reports required by the Secretary of the Interior under
this chapter shall be upon oath, unless otherwise
specified by him, and in such form and upon
such blanks as the Secretary of the Interior may
require.
(Feb. 25, 1920, ch. 85, § 33, 41 Stat. 450.)
§ 191. Disposition of moneys received
(a) In general
All money received from sales, bonuses, royalties including interest charges collected under
the Federal Oil and Gas Royalty Management
Act of 1982 [30 U.S.C. 1701 et seq.], and rentals of
the public lands under the provisions of this
chapter and the Geothermal Steam Act of 1970
[30 U.S.C. 1001 et seq.], shall be paid into the
Treasury of the United States; and, subject to
the provisions of subsection (b) of this section,
50 per centum thereof shall be paid by the Secretary of the Treasury to the State other than
Alaska within the boundaries of which the
leased lands or deposits are or were located; said
moneys paid to any of such States on or after
January 1, 1976, to be used by such State and its
subdivisions, as the legislature of the State may
direct giving priority to those subdivisions of
the State socially or economically impacted by
development of minerals leased under this chapter, for (i) planning, (ii) construction and maintenance of public facilities, and (iii) provision of
public service; and excepting those from Alaska,
40 per centum thereof shall be paid into, reserved, appropriated, as part of the reclamation
fund created by the Act of Congress known as
the Reclamation Act, approved June 17, 1902,
and of those from Alaska, 90 per centum thereof
shall be paid to the State of Alaska for disposition by the legislature thereof: Provided, That
all moneys which may accrue to the United
States under the provisions of this chapter and
the Geothermal Steam Act of 1970 from lands
within the naval petroleum reserves shall be deposited in the Treasury as ‘‘miscellaneous receipts’’, as provided by section 7433(b) of title 10.
All moneys received under the provisions of this
chapter and the Geothermal Steam Act of 1970
not otherwise disposed of by this section shall
be credited to miscellaneous receipts. Payments
to States under this section with respect to any

Page 52

moneys received by the United States, shall be
made not later than the last business day of the
month in which such moneys are warranted by
the United States Treasury to the Secretary as
having been received, except for any portion of
such moneys which is under challenge and
placed in a suspense account pending resolution
of a dispute. Such warrants shall be issued by
the United States Treasury not later than 10
days after receipt of such moneys by the Treasury. Moneys placed in a suspense account which
are determined to be payable to a State shall be
made not later than the last business day of the
month in which such dispute is resolved. Any
such amount placed in a suspense account pending resolution shall bear interest until the dispute is resolved.
(b) Administrative costs
In determining the amount of payments to the
States under this section, the amount of such
payments shall not be reduced by any administrative or other costs incurred by the United
States.
(c) Rentals received on or after August 8, 2005
(1) Notwithstanding the first sentence of subsection (a) of this section, any rentals received
from leases in any State (other than the State of
Alaska) on or after August 8, 2005, shall be deposited in the Treasury, to be allocated in accordance with paragraph (2).
(2) Of the amounts deposited in the Treasury
under paragraph (1)—
(A) 50 percent shall be paid by the Secretary
of the Treasury to the State within the boundaries of which the leased land is located or the
deposits were derived; and
(B) 50 percent shall be deposited in a special
fund in the Treasury, to be known as the
‘‘BLM Permit Processing Improvement Fund’’
(referred to in this subsection as the ‘‘Fund’’).
(3) For each of fiscal years 2006 through 2015,
the Fund shall be available to the Secretary of
the Interior for expenditure, without further appropriation and without fiscal year limitation,
for the coordination and processing of oil and
gas use authorizations on onshore Federal land
under the jurisdiction of the Pilot Project offices identified in section 15924(d) of title 42.
(Feb. 25, 1920, ch. 85, § 35, 41 Stat. 450; May 27,
1947, ch. 83, 61 Stat. 119; Aug. 3, 1950, ch. 527, 64
Stat. 402; Pub. L. 85–88, § 2, July 10, 1957, 71 Stat.
282; Pub. L. 85–508, §§ 6(k), 28(b), July 7, 1958, 72
Stat. 343, 351; Pub. L. 94–273, § 6(2), Apr. 21, 1976,
90 Stat. 377; Pub. L. 94–377, § 9, Aug. 4, 1976, 90
Stat. 1089; Pub. L. 94–422, title III, § 301, Sept. 28,
1976, 90 Stat. 1323; Pub. L. 94–579, title III,
§ 317(a), Oct. 21, 1976, 90 Stat. 2770; Pub. L. 97–451,
title I, §§ 104(a), 111(g), Jan. 12, 1983, 96 Stat. 2451,
2456; Pub. L. 100–203, title V, § 5109, Dec. 22, 1987,
101 Stat. 1330–261; Pub. L. 100–443, § 5(b), Sept. 22,
1988, 102 Stat. 1768; Pub. L. 103–66, title X, § 10201,
Aug. 10, 1993, 107 Stat. 407; Pub. L. 106–393, title
V, § 503, Oct. 30, 2000, 114 Stat. 1624; Pub. L.
109–58, title III, § 365(g), Aug. 8, 2005, 119 Stat.
725.)
REFERENCES IN TEXT
The Federal Oil and Gas Royalty Management Act of
1982, referred to in subsec. (a), is Pub. L. 97–451, Jan. 12,

Page 53

TITLE 30—MINERAL LANDS AND MINING

1983, 96 Stat. 2447, which is classified generally to chapter 29 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 1701 of this title and Tables.
The Geothermal Steam Act of 1970, referred to in subsec. (a), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566,
which is classified principally to chapter 23 (§ 1001 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
The Reclamation Act, approved June 17, 1902, referred
to in subsec. (a), is act June 17, 1902, ch. 1093, 32 Stat.
388, which is classified generally to chapter 12 (§ 371 et
seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set
out under section 371 of Title 43 and Tables.
CODIFICATION
‘‘Section 7433(b) of title 10’’ substituted in subsec. (a)
for ‘‘the Act of June 4, 1920 (41 Stat. 813), as amended
June 30, 1938 (52 Stat. 1252)’’, which was classified to
section 524 of former Title 34, Navy, on authority of act
Aug. 10, 1956, ch. 1041, § 49(b), 70A Stat. 640, the first section of which enacted Title 10, Armed Forces.
Provisions of subsec. (a) which authorized the payment of monies to the Territory of Alaska were omitted as superseded by the provisions authorizing the
payment of monies to the State of Alaska.
AMENDMENTS
2005—Subsec. (c). Pub. L. 109–58 added subsec. (c).
2000—Subsec. (b). Pub. L. 106–393 amended subsec. (b)
generally. Prior to amendment, subsec. (b) related to
deductions for administration from the amount to be
paid to States under this section or under other laws
requiring payment to a State of revenues derived from
the leasing of onshore lands owned by the United
States for the production of the same types of minerals
leasable under this chapter or of geothermal steam.
1993—Pub. L. 103–66 struck out last sentence, designated remaining provisions as subsec. (a) and in first
sentence inserted ‘‘and, subject to the provisions of
subsection (b) of this section,’’ before ‘‘50 per centum’’,
and added subsec. (b). Prior to amendment, last sentence read as follows: ‘‘In determining the amount of
payments to States under this section, the amount of
such payments shall not be reduced by any administrative or other costs incurred by the United States.’’
1988—Pub. L. 100–443 struck out ‘‘notwithstanding the
provisions of section 20 thereof,’’ before ‘‘shall be paid’’.
1987—Pub. L. 100–203 inserted at end ‘‘In determining
the amount of payments to States under this section,
the amount of such payments shall not be reduced by
any administrative or other costs incurred by the
United States.’’
1983—Pub. L. 97–451, § 111(g), inserted reference to interest charges collected under the Federal Oil and Gas
Royalty Management Act of 1982.
Pub. L. 97–451, § 104(a), struck out ‘‘as soon as practicable after March 31 and September 30 of each year’’
after ‘‘Secretary of the Treasury’’ and ‘‘of those from
Alaska’’, and inserted at end provisions directing that
payments to States be made not later than the last
business day of the month in which such moneys are
warranted by the United States Treasury to the Secretary as having been received, that warrants be issued
by the Treasury not later than 10 days after receipt of
the money by the Treasury, that moneys placed in a
suspense account which are determined to be payable
to a State be made not later than the last business day
of the month in which a dispute is resolved, and that
amounts placed in a suspense account pending resolution bear interest until the dispute is resolved.
1976—Pub. L. 94–579 substituted provisions setting
forth determination of amount, time for payments, and
manner of expenditure by the States of all moneys received from sales, etc., under provisions of this chapter
and the Geothermal Steam Act of 1970, and proviso relating to naval petroleum reserve moneys, for provi-

§ 191

sions setting forth determination of amount and time
for payment to the States of all moneys received from
sales, etc., under the provisions of this chapter, and
provisos relating to naval petroleum reserve moneys,
additional moneys from sales, etc., under this chapter
and the Geothermal Steam Act of 1970, and expenditure
of State oil shale funds.
Pub. L. 94–422 inserted proviso that all moneys paid
to any State from sales, bonuses, royalties, and rentals
of oil shale in public lands may be used by any State
for planning, construction, and maintenance of public
facilities as legislature of State may direct.
Pub. L. 94–377 substituted ‘‘40 per centum thereof
shall be paid into, reserved’’ for ‘‘521⁄2 per centum thereof shall be paid into, reserved’’, inserted ‘‘and the Geothermal Steam Act of 1970, notwithstanding the provisions of section 20 thereof’’ before ‘‘shall be paid into
the Treasury of the United States’’, ‘‘and the Geothermal Steam Act of 1970’’ before ‘‘from lands within
the naval petroleum reserves’’ and before ‘‘not otherwise disposed of by this section’’, and provisos relating
to the payment of an additional 121⁄2 per centum of all
money received from lands under provisions of this
chapter and the Geothermal Steam Act of 1970 to the
State within whose boundaries the lands are located, to
be used for construction of public facilities, and relating to the use of funds received by Colorado and Utah
under the specified leases.
Pub. L. 94–273 substituted ‘‘March’’ for ‘‘December’’
and ‘‘September’’ for ‘‘June’’.
1958—Pub. L. 85–508, §§ 6(k), 28(b), struck out provisions which related to disposition of proceeds or income derived by the United States from mineral school
sections in the Territory of Alaska and substituted
‘‘, and of those from Alaska 521⁄2 per centum thereof
shall be paid to the State of Alaska for disposition by
the legislators thereof’’ for ‘‘, and of those from Alaska
521⁄2 per centum thereof shall be paid to the Territory
of Alaska for disposition by the Legislature of the Territory of Alaska’’ before proviso.
1957—Pub. L. 85–88 inserted ‘‘, and of those from Alaska 521⁄2 per centum thereof shall be paid to the Territory of Alaska for disposition by the Legislature of the
Territory of Alaska’’ before proviso.
1950—Act Aug. 3, 1950, in providing that payments to
States be made bi-annually instead of annually, substituted ‘‘as soon as practicable after December 31 and
June 30 of each year’’ for ‘‘after the expiration of each
fiscal year’’.
1947—Act May 27, 1947, extended provisions by allocating 371⁄2% of the money received from sales, bonuses,
royalties, and rentals of public lands to the Territory
of Alaska, for the construction and maintenance of
public schools or other public educational institutions
and inserted provisions relating to disposition of proceeds or income derived by the United States from mineral school sections in the Territory of Alaska.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by section 104(a) of Pub. L. 97–451 applicable with respect to payments received by the Secretary of the Treasury after Oct. 1, 1983, unless the Secretary by rule, prescribes an earlier effective date, see
section 104(c) of Pub. L. 97–451, set out as an Effective
Date note under section 1714 of this title.
SAVINGS PROVISION
Amendment by Pub. L. 94–579 not to be construed as
terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set
out as a note under section 1701 of Title 43, Public
Lands.
FINDINGS
Pub. L. 106–393, title V, § 502, Oct. 30, 2000, 114 Stat.
1624, provided that: ‘‘The Congress finds the following:
‘‘(1) Section 10201 of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103–66; 107 Stat. 407)
amended section 35 of the Mineral Leasing Act (30

§ 191a

TITLE 30—MINERAL LANDS AND MINING

U.S.C. 191) to change the sharing of onshore mineral
revenues and revenues from geothermal steam from a
50:50 split between the Federal Government and the
States to a complicated formula that entailed deducting from the State share of leasing revenues ‘50
percent of the portion of the enacted appropriations
of the Department of the Interior and any other agency during the preceding fiscal year allocable to the
administration of all laws providing for the leasing of
any onshore lands or interest in land owned by the
United States for the production of the same types of
minerals leasable under this Act or of geothermal
steam, and to enforcement of such laws * * *’.
‘‘(2) There is no legislative record to suggest a
sound public policy rationale for deducting prior-year
administrative expenses from the sharing of currentyear receipts, indicating that this change was made
primarily for budget scoring reasons.
‘‘(3) The system put in place by this change in law
has proved difficult to administer and has given rise
to disputes between the Federal Government and the
States as to the nature of allocable expenses. Federal
accounting systems have proven to be poorly suited
to breaking down administrative costs in the manner
required by the law. Different Federal agencies implementing this law have used varying methodologies
to identify allocable costs, resulting in an inequitable
distribution of costs during fiscal years 1994 through
1996. In November 1997, the Inspector General of the
Department of the Interior found that ‘the congressionally approved method for cost sharing deductions
effective in fiscal year 1997 may not accurately compute the deductions’.
‘‘(4) Given the lack of a substantive rationale for
the 1993 change in law and the complexity and administrative burden involved, a return to the sharing formula prior to the enactment of the Omnibus Budget
Reconciliation Act of 1993 [Aug. 10, 1993] is justified.’’
FUNDS HELD BY COLORADO AND UTAH FROM INTERIOR
DEPARTMENT OIL SHALE TEST LEASES
Section 317(b) of Pub. L. 94–579 provided that: ‘‘Funds
now held pursuant to said section 35 [this section] by
the States of Colorado and Utah separately from the
Department of the Interior oil shale test leases known
as C–A; C–B; U–A and U–B shall be used by such States
and subdivisions as the legislature of each State may
direct giving priority to those subdivisions socially or
economically impacted by the development of minerals
leased under this Act for (1) planning, (2) construction
and maintenance of public facilities, and (3) provision
of public services.’’
ADMISSION OF ALASKA AS STATE
Effectiveness of amendment by Pub. L. 85–508 was dependent on admission of Alaska into the Union under
sections 6(k) and 8(b) of Pub. L. 85–508. Admission was
accomplished Jan. 3, 1959, on issuance of Proc. No. 3269,
Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508. See notes preceding
section 21 of Title 48, Territories and Insular Possessions.
OUTER CONTINENTAL SHELF; REVENUES FROM LEASES
Disposition of revenues from leases on submerged
lands of outer Continental Shelf, see sections 1337 and
1338 of Title 43, Public Lands.

§ 191a. Late payment charges under Federal mineral leases
(a) Distribution of late payment charges
Any interest or other charges paid to the
United States by reason of the late payment of
any royalty, rent, bonus, or other amount due to
the United States under any lease issued by the
United States for the extraction of oil, gas, coal,
or any other mineral, or for geothermal steam,

Page 54

shall be deposited in the same account and distributed to the same recipients, in the same
manner, as such royalty, rent, bonus, or other
amount.
(b) Effective date
Subsection (a) of this section shall apply with
respect to any interest, or other charge referred
to in subsection (a) of this section, which is paid
to the United States on or after July 1, 1988.
(c) Prohibition against recoupment
Any interest, or other charge referred to in
subsection (a) of this section, which was paid to
the United States before July 1, 1988, and distributed to any State or other recipient is hereby deemed to be authorized and approved as of
the date of payment or distribution, and no part
of any such payment or distribution shall be recouped from the State or other recipient. This
subsection shall not apply to interest or other
charges paid in connection with any royalty,
rent, bonus, or other amount determined not to
be owing to the United States.
(Pub. L. 100–524, § 7, Oct. 24, 1988, 102 Stat. 2607.)
CODIFICATION
Section was enacted as part of the Congaree Swamp
National Monument Expansion and Wilderness Act, and
not as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437,
known as the Mineral Leasing Act, which comprises
this chapter.

§ 191b. Collection of unpaid and underpaid royalties and late payment interest owed by
lessees
Beginning in fiscal year 1996 and thereafter,
the Secretary shall take appropriate action to
collect unpaid and underpaid royalties and late
payment interest owed by Federal and Indian
mineral lessees and other royalty payors on
amounts received in settlement or other resolution of disputes under, and for partial or complete termination of, sales agreements for minerals from Federal and Indian leases.
(Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26,
1996, 110 Stat. 1321–156, 1321–167; renumbered title
I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat.
1327.)
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.
SIMILAR PROVISIONS
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2508.

§ 192. Payment of royalties in oil or gas; sale of
such oil or gas
All royalty accruing to the United States
under any oil or gas lease or permit under this
chapter on demand of the Secretary of the Interior shall be paid in oil or gas.
Upon granting any oil or gas lease under this
chapter, and from time to time thereafter during said lease, the Secretary of the Interior
shall, except whenever in his judgment it is desirable to retain the same for the use of the

Page 55

TITLE 30—MINERAL LANDS AND MINING

United States, offer for sale for such period as
he may determine, upon notice and advertisement on sealed bids or at public auction, all royalty oil and gas accruing or reserved to the
United States under such lease. Such advertisement and sale shall reserve to the Secretary of
the Interior the right to reject all bids whenever
within his judgment the interest of the United
States demands; and in cases where no satisfactory bid is received or where the accepted bidder
fails to complete the purchase, or where the Secretary of the Interior shall determine that it is
unwise in the public interest to accept the offer
of the highest bidder, the Secretary of the Interior, within his discretion, may readvertise such
royalty for sale, or sell at private sale at not
less than the market price for such period, or
accept the value thereof from the lessee: Provided, That inasmuch as the public interest will
be served by the sale of royalty oil to refineries
not having their own source of supply for crude
oil, the Secretary of the Interior, when he determines that sufficient supplies of crude oil are
not available in the open market to such refineries, is authorized and directed to grant preference to such refineries in the sale of oil under
the provisions of this section, for processing or
use in such refineries and not for resale in kind,
and in so doing may sell to such refineries at
private sale at not less than the market price
any royalty oil accruing or reserved to the
United States under leases issued pursuant to
this chapter: Provided further, That in selling
such royalty oil the Secretary of the Interior
may at his discretion prorate such oil among
such refineries in the area in which the oil is
produced: Provided, however, That pending the
making of a permanent contract for the sale of
any royalty, oil or gas as herein provided, the
Secretary of the Interior may sell the current
product at private sale, at not less than the
market price: And provided further, That any
royalty, oil, or gas may be sold at not less than
the market price at private sale to any department or agency of the United States.
(Feb. 25, 1920, ch. 85, § 36, 41 Stat. 451; July 13,
1946, ch. 574, 60 Stat. 533.)
AMENDMENTS
1946—Act July 13, 1946, inserted first two provisos
which were enacted in order to assist small business enterprise by encouraging the operation of oil refineries
not having an adequate supply of crude oil.
OUTER CONTINENTAL SHELF; ROYALTIES FROM LEASES
Payment of royalties from mineral leases on submerged lands of outer Continental Shelf, see section
1337 of Title 43, Public Lands.

§ 192a. Cancellation or modification of contracts
Where, under any existing contract entered
into pursuant to the first proviso in the second
paragraph of section 192 of this title, any refinery is required to pay a premium price for the
purchase of Government royalty oil, such refinery may, at its option, by written notice to the
Secretary of the Interior, elect either—
(1) to terminate such contract, the termination to take place at the end of the calendar
month following the month in which such notice is given; or

§ 192c

(2) to retain such contract with the modifications, that (a) the price, on and after
March 1, 1949, shall be as defined in the contract, without premium payments, (b) any
credit thereby resulting from past premium
payments shall be added to the refinery’s account, and (c) the Secretary may, at his option, elect to terminate the contract as so
modified, such termination to take place at
the end of the third calendar month following
the month in which written notice thereof is
given by the Secretary.
(Sept. 1, 1949, ch. 529, § 1, 63 Stat. 682.)
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

§ 192b. Application to contracts
The provisions of sections 192a to 192c of this
title shall apply to all existing contracts for the
purchase of Government royalty oil entered into
after July 13, 1946, and prior to September 1,
1949, irrespective of whether a determination of
preference status was made in connection with
the award of such contracts, but shall not apply
to any such contract which subsequent to its
award has been transferred, through the acquisition of stock interests or other transactions, to
the ownership or control of a refinery ineligible
for a preference under section 192 of this title,
and the regulations in force thereunder at the
time of such transfer.
(Sept. 1, 1949, ch. 529, § 2, 63 Stat. 682.)
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

§ 192c. Rules and regulations governing issuance
of certain leases; disposition of receipts
The Secretary of the Interior is authorized
under general rules and regulations to be prescribed by him to issue leases or permits for the
exploration, development, and utilization of the
mineral deposits, other than those subject to the
provisions of chapter 7 of this title, in those
lands added to the Shasta National Forest by
the Act of March 19, 1948 (Public Law 449, Eightieth Congress), which were acquired with funds
of the United States or lands received in exchange therefor: Provided, That any permit or
lease of such deposits in lands administered by
the Secretary of Agriculture shall be issued only
with his consent and subject to such conditions
as he may prescribe to insure the adequate utilization of the lands for the purposes set forth in
the Act of March 19, 1948: And provided further,
That all receipts derived from leases or permits
issued under the authority of sections 192a to
192c of this title shall be paid into the same
funds or accounts in the Treasury and shall be
distributed in the same manner as prescribed for
other receipts from the lands affected by the
lease or permit, the intention of this provision
being that sections 192a to 192c of this title shall
not affect the distribution of receipts pursuant
to legislation applicable to such lands.

§ 193

TITLE 30—MINERAL LANDS AND MINING

(Sept. 1, 1949, ch. 529, § 3, 63 Stat. 683.)
REFERENCES IN TEXT
Act of March 19, 1948 (Public Law 449, Eightieth Congress), referred to in text, is act Mar. 19, 1948, ch. 139,
62 Stat. 83. See Shasta National Forest codification
note set out under sections 486a to 486w of Title 16, Conservation.
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior under this section, with respect to use and disposal from lands under
jurisdiction of Secretary of Agriculture of those mineral materials which Secretary of Agriculture is authorized to dispose of from other lands under his jurisdiction under sections 601 to 604 and 611 to 615 of this
title, see Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set
out as a Transfer of Functions from Secretary of the
Interior to Secretary of Agriculture note under section
2201 of Title 7, Agriculture.

§ 193. Disposition of deposits of coal, and so forth
The deposits of coal, phosphate, sodium, potassium, oil, oil shale, and gas, herein referred
to, in lands valuable for such minerals, including lands and deposits in Lander, Wyoming, coal
entries numbered 18 to 49, inclusive, shall be
subject to disposition only in the form and manner provided in this chapter, except as provided
in sections 1716 and 1719 of title 43, and except as
to valid claims existent on February 25, 1920,
and thereafter maintained in compliance with
the laws under which initiated, which claims
may be perfected under such laws, including discovery.
(Feb. 25, 1920, ch. 85, § 37, 41 Stat. 451; Feb. 7, 1927,
ch. 66, § 5, 44 Stat. 1058; Aug. 8, 1946, ch. 916, § 11,
60 Stat. 957; Pub. L. 95–554, § 4, Oct. 30, 1978, 92
Stat. 2074.)
CODIFICATION
Section was from act Feb. 25, 1920, in which words
now reading ‘‘in Lander, Wyoming, coal entries numbered 18 to 49, inclusive,’’ originally read ‘‘described in
the joint resolution entitled ‘Joint resolution authorizing the Secretary of the Interior to permit the continuation of coal mining operations on certain lands in Wyoming,’ approved August 12, 1912, (Thirty-seven Statutes at Large p. 1346).’’ The change was effected by interpolation, in lieu of the reference to the 1912 resolution, the actual description of lands contained in said
resolution.
AMENDMENTS
1978—Pub. L. 95–554 provided for disposition of minerals as provided in sections 1716 and 1719 of title 43.
1946—Act Aug. 8, 1946, excluded from section 5 of act
Feb. 7, 1927, the incorporation, by reference, of section
181 of this title, and reenacted inclusion of deposits of
potassium.
1927—Act Feb. 7, 1927, included deposits of potassium.

§ 193a. Preference right of United States to purchase coal for Army and Navy; price for coal;
civil actions; jurisdiction
The United States shall, at all times, have the
preference right to purchase so much of the
product of any mine or mines opened upon the
lands sold under the provisions of this Act, as

Page 56

may be necessary for the use of the Army and
Navy, and at such reasonable and remunerative
price as may be fixed by the President; but the
producers of any coal so purchased who may be
dissatisfied with the price thus fixed shall have
the right to prosecute suits against the United
States in the United States Court of Federal
Claims for the recovery of any additional sum or
sums they may claim as justly due upon such
purchase.
(May 28, 1908, ch. 211, § 2, 35 Stat. 424; Pub. L.
97–164, title I, § 160(a)(10), Apr. 2, 1982, 96 Stat. 48;
Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992,
106 Stat. 4516.)
REFERENCES IN TEXT
This Act, referred to in text, is act May 28, 1908, ch.
211, 35 Stat. 424. Sections 1, 3, and 4 of this Act related
to consolidation of claims permitted and the limit of
acreage, prohibition against unlawful trusts, etc., and
contents of patents, respectively, and are not classified
to the Code.
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.
Section was formerly classified to section 453 of Title
48, Territories and Insular Possessions.
AMENDMENTS
1992—Pub. L. 102–572 substituted ‘‘United States
Court of Federal Claims’’ for ‘‘United States Claims
Court’’.
1982—Pub. L. 97–164 substituted ‘‘United States
Claims Court’’ for ‘‘Court of Claims’’.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–572 effective Oct. 29, 1992,
see section 911 of Pub. L. 102–572, set out as a note
under section 171 of Title 28, Judiciary and Judicial
Procedure.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–164 effective Oct. 1, 1982,
see section 402 of Pub. L. 97–164, set out as a note under
section 171 of Title 28, Judiciary and Judicial Procedure.

§ 194. Repealed. Pub. L. 89–554, § 8(a), Sept. 6,
1966, 80 Stat. 644
Section, acts Feb. 25, 1920, ch. 85, § 38, 41 Stat. 451;
Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to fees and
commissions of registers (successors to consolidated offices of registers and receivers), the predecessors of
managers.

§ 195. Enforcement
(a) Violations
It shall be unlawful for any person:
(1) to organize or participate in any scheme,
arrangement, plan, or agreement to circumvent or defeat the provisions of this chapter or its implementing regulations, or
(2) to seek to obtain or to obtain any money
or property by means of false statements of
material facts or by failing to state material
facts concerning:
(A) the value of any lease or portion thereof issued or to be issued under this chapter;
(B) the availability of any land for leasing
under this chapter;
(C) the ability of any person to obtain
leases under this chapter; or

Page 57

TITLE 30—MINERAL LANDS AND MINING

(D) the provisions of this chapter and its
implementing regulations.
(b) Penalty
Any person who knowingly violates the provisions of subsection (a) of this section shall be
punished by a fine of not more than $500,000, imprisonment for not more than five years, or
both.
(c) Civil actions
Whenever it shall appear that any person is
engaged, or is about to engage, in any act which
constitutes or will constitute a violation of subsection (a) of this section, the Attorney General
may institute a civil action in the district court
of the United States for the judicial district in
which the defendant resides or in which the violation occurred or in which the lease or land involved is located, for a temporary restraining
order, injunction, civil penalty of not more than
$100,000 for each violation, or other appropriate
remedy, including but not limited to, a prohibition from participation in exploration, leasing,
or development of any Federal mineral, or any
combination of the foregoing.
(d) Corporations
(1) Whenever a corporation or other entity is
subject to civil or criminal action under this
section, any officer, employee, or agent of such
corporation or entity who knowingly authorized, ordered, or carried out the proscribed activity shall be subject to the same action.
(2) Whenever any officer, employee, or agent of
a corporation or other entity is subject to civil
or criminal action under this section for activity conducted on behalf of the corporation or
other entity, the corporation or other entity
shall be subject to the same action, unless it is
shown that the officer, employee, or agent was
acting without the knowledge or consent of the
corporation or other entity.
(e) Remedies, fines, and imprisonment
The remedies, penalties, fines, and imprisonment prescribed in this section shall be concurrent and cumulative and the exercise of one
shall not preclude the exercise of the others.
Further, the remedies, penalties, fines, and imprisonment prescribed in this section shall be in
addition to any other remedies, penalties, fines,
and imprisonment afforded by any other law or
regulation.
(f) State civil actions
(1) A State may commence a civil action under
subsection (c) of this section against any person
conducting activity within the State in violation of this section. Civil actions brought by a
State shall only be brought in the United States
district court for the judicial district in which
the defendant resides or in which the violation
occurred or in which the lease or land involved
is located. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to
order appropriate remedies and penalties as described in subsection (c) of this section.
(2) A State shall notify the Attorney General
of the United States of any civil action filed by
the State under this subsection within 30 days of
filing of the action. The Attorney General of the

§ 196

United States shall notify a State of any civil
action arising from activity conducted within
that State filed by the Attorney General under
this subsection within 30 days of filing of the action.
(3) Any civil penalties recovered by a State
under this subsection shall be retained by the
State and may be expended in such manner and
for such purposes as the State deems appropriate. If a civil action is jointly brought by the
Attorney General and a State, by more than one
State or by the Attorney General and more than
one State, any civil penalties recovered as a result of the joint action shall be shared by the
parties bringing the action in the manner determined by the court rendering judgment in such
action.
(4) If a State has commenced a civil action
against a person conducting activity within the
State in violation of this section, the Attorney
General may join in such action but may not institute a separate action arising from the same
activity under this section. If the Attorney General has commenced a civil action against a person conducting activity within a State in violation of this section, that State may join in such
action but may not institute a separate action
arising from the same activity under this section.
(5) Nothing in this section shall deprive a
State of jurisdiction to enforce its own civil and
criminal laws against any person who may also
be subject to civil and criminal action under
this section.
(Feb. 25, 1920, ch. 85, § 41, as added Pub. L.
100–203, title V, § 5108, Dec. 22, 1987, 101 Stat.
1330–260.)
§ 196. Cooperative agreements; delegation of authority
Notwithstanding any other provision of law,
for fiscal year 1992 and each year thereafter, the
Secretary of the Interior or his designee is authorized to—
(a) enter into a cooperative agreement or
agreements with any State or Indian tribe to
share royalty management information, to
carry out inspection, auditing, investigation
or enforcement (not including the collection of
royalties, civil penalties, or other payments)
activities in cooperation with the Secretary,
except that the Secretary shall not enter into
such cooperative agreement with a State with
respect to any such activities on Indian lands
except with the permission of the Indian tribe
involved; and
(b) upon written request of any State, to
delegate to the State all or part of the authorities and responsibilities of the Secretary
under the authorizing leasing statutes, leases,
and regulations promulgated pursuant thereto
to conduct audits, investigations, and inspections, except that the Secretary shall not undertake such a delegation with respect to any
Indian lands except with permission of the Indian tribe involved,
with respect to any lease authorizing exploration for or development of coal, any other
solid mineral, or geothermal steam on any Federal lands or Indian lands within the State or

§ 201

TITLE 30—MINERAL LANDS AND MINING

with respect to any lease or portion of a lease
subject to section 1337(g) of title 43, on the same
terms and conditions as those authorized for oil
and gas leases under sections 1732, 1733, 1735, and
1736 of this title and the regulations duly promulgated with respect thereto: Provided further,
That section 1734 of this title shall apply to
leases authorizing exploration for or development of coal, any other solid mineral, or geothermal steam on any Federal lands, or to any
lease or portion of a lease subject to section
1337(g) of title 43: Provided further, That the Secretary shall compensate any State or Indian
tribe for those costs which are necessary to
carry out activities conducted pursuant to such
cooperative agreement or delegation.
(Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat.
1001.)
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

SUBCHAPTER II—COAL
§ 201. Leases and exploration
(a) Leases
(1) The Secretary of the Interior is authorized
to divide any lands subject to this chapter which
have been classified for coal leasing into leasing
tracts of such size as he finds appropriate and in
the public interest and which will permit the
mining of all coal which can be economically extracted in such tract and thereafter he shall, in
his discretion, upon the request of any qualified
applicant or on his own motion, from time to
time, offer such lands for leasing and shall
award leases thereon by competitive bidding:
Provided, That notwithstanding the competitive
bidding requirement of this section, the Secretary may, subject to such conditions which he
deems appropriate, negotiate the sale at fair
market value of coal the removal of which is
necessary and incidental to the exercise of a
right-of-way permit issued pursuant to title V of
the Federal Land Policy and Management Act of
1976 [43 U.S.C. 1761 et seq.]. No less than 50 per
centum of the total acreage offered for lease by
the Secretary in any one year shall be leased
under a system of deferred bonus payment. Upon
default or cancellation of any coal lease for
which bonus payments are due, any unpaid remainder of the bid shall be immediately payable
to the United States. A reasonable number of
leasing tracts shall be reserved and offered for
lease in accordance with this section to public
bodies, including Federal agencies, rural electric
cooperatives, or nonprofit corporations controlled by any of such entities: Provided, That
the coal so offered for lease shall be for use by
such entity or entities in implementing a definite plan to produce energy for their own use or
for sale to their members or customers (except
for short-term sales to others). No bid shall be
accepted which is less than the fair market
value, as determined by the Secretary, of the
coal subject to the lease. Prior to his determination of the fair market value of the coal subject
to the lease, the Secretary shall give oppor-

Page 58

tunity for and consideration to public comments
on the fair market value. Nothing in this section shall be construed to require the Secretary
to make public his judgment as to the fair market value of the coal to be leased, or the comments he receives thereon prior to the issuance
of the lease. He is authorized, in awarding leases
for coal lands improved and occupied or claimed
in good faith, prior to February 25, 1920, to consider and recognize equitable rights of such occupants or claimants.
(2)(A) The Secretary shall not issue a lease or
leases under the terms of this chapter to any
person, association, corporation, or any subsidiary, affiliate, or persons controlled by or under
common control with such person, association,
or corporation, where any such entity holds a
lease or leases issued by the United States to
coal deposits and has held such lease or leases
for a period of ten years when such entity is not,
except as provided for in section 207(b) of this
title, producing coal from the lease deposits in
commercial quantities. In computing the tenyear period referred to in the preceding sentence, periods of time prior to August 4, 1976,
shall not be counted.
(B) Any lease proposal which permits surface
coal mining within the boundaries of a National
Forest which the Secretary proposes to issue
under this chapter shall be submitted to the
Governor of each State within which the coal
deposits subject to such lease are located. No
such lease may be issued under this chapter before the expiration of the sixty-day period beginning on the date of such submission. If any Governor to whom a proposed lease was submitted
under this subparagraph objects to the issuance
of such lease, such lease shall not be issued before the expiration of the six-month period beginning on the date the Secretary is notified by
the Governor of such objection. During such sixmonth period, the Governor may submit to the
Secretary a statement of reasons why such lease
should not be issued and the Secretary shall, on
the basis of such statement, reconsider the issuance of such lease.
(3)(A)(i) No lease sale shall be held unless the
lands containing the coal deposits have been included in a comprehensive land-use plan and
such sale is compatible with such plan. The Secretary of the Interior shall prepare such landuse plans on lands under his responsibility
where such plans have not been previously prepared. The Secretary of the Interior shall inform
the Secretary of Agriculture of substantial development interest in coal leasing on lands
within the National Forest System. Upon receipt of such notification from the Secretary of
the Interior, the Secretary of Agriculture shall
prepare a comprehensive land-use plan for such
areas where such plans have not been previously
prepared. The plan of the Secretary of Agriculture shall take into consideration the proposed coal development in these lands: Provided,
That where the Secretary of the Interior finds
that because of non-Federal interest in the surface or because the coal resources are insufficient to justify the preparation costs of a Federal comprehensive land-use plan, the lease sale
can be held if the lands containing the coal deposits have been included in either a comprehen-

Page 59

TITLE 30—MINERAL LANDS AND MINING

sive land-use plan prepared by the State within
which the lands are located or a land use analysis prepared by the Secretary of the Interior.
(ii) In preparing such land-use plans, the Secretary of the Interior or, in the case of lands
within the National Forest System, the Secretary of Agriculture, or in the case of a finding
by the Secretary of the Interior that because of
non-Federal interests in the surface or insufficient Federal coal, no Federal comprehensive
land-use plans can be appropriately prepared,
the responsible State entity shall consult with
appropriate State agencies and local governments and the general public and shall provide
an opportunity for public hearing on proposed
plans prior to their adoption, if requested by any
person having an interest which is, or may be,
adversely affected by the adoption of such plans.
(iii) Leases covering lands the surface of which
is under the jurisdiction of any Federal agency
other than the Department of the Interior may
be issued only upon consent of the other Federal
agency and upon such conditions as it may prescribe with respect to the use and protection of
the nonmineral interests in those lands.
(B) Each land-use plan prepared by the Secretary (or in the case of lands within the National Forest System, the Secretary of Agriculture pursuant to subparagraph (A)(i)) shall
include an assessment of the amount of coal deposits in such land, identifying the amount of
such coal which is recoverable by deep mining
operations and the amount of such coal which is
recoverable by surface mining operations.
(C) Prior to issuance of any coal lease, the
Secretary shall consider effects which mining of
the proposed lease might have on an impacted
community or area, including, but not limited
to, impacts on the environment, on agricultural
and other economic activities, and on public
services. Prior to issuance of a lease, the Secretary shall evaluate and compare the effects of
recovering coal by deep mining, by surface mining, and by any other method to determine
which method or methods or sequence of methods achieves the maximum economic recovery of
the coal within the proposed leasing tract. This
evaluation and comparison by the Secretary
shall be in writing but shall not prohibit the issuance of a lease; however, no mining operating
plan shall be approved which is not found to
achieve the maximum economic recovery of the
coal within the tract. Public hearings in the
area shall be held by the Secretary prior to the
lease sale.
(D) No lease sale shall be held until after the
notice of the proposed offering for lease has been
given once a week for three consecutive weeks
in a newspaper of general circulation in the
county in which the lands are situated in accordance with regulations prescribed by the Secretary.
(E) Each coal lease shall contain provisions requiring compliance with the Federal Water Pollution Control Act (33 U.S.C. 1151–1175) [33 U.S.C.
1251 et seq.] and the Clean Air Act [42 U.S.C. 7401
et seq.].
(4)(A) The Secretary shall not require a surety
bond or any other financial assurance to guarantee payment of deferred bonus bid installments
with respect to any coal lease issued on a cash

§ 201

bonus bid to a lessee or successor in interest
having a history of a timely payment of noncontested coal royalties and advanced coal royalties
in lieu of production (where applicable) and
bonus bid installment payments.
(B) The Secretary may waive any requirement
that a lessee provide a surety bond or other financial assurance to guarantee payment of deferred bonus bid installment with respect to any
coal lease issued before August 8, 2005, only if
the Secretary determines that the lessee has a
history of making timely payments referred to
in subparagraph (A).
(5) Notwithstanding any other provision of
law, if the lessee under a coal lease fails to pay
any installment of a deferred cash bonus bid
within 10 days after the Secretary provides written notice that payment of the installment is
past due—
(A) the lease shall automatically terminate;
and
(B) any bonus payments already made to the
United States with respect to the lease shall
not be returned to the lessee or credited in any
future lease sale.
(b) Exploration
(1) The Secretary may, under such regulations
as he may prescribe, issue to any person an exploration license. No person may conduct coal
exploration for commercial purposes for any
coal on lands subject to this chapter without
such an exploration license. Each exploration license shall be for a term of not more than two
years and shall be subject to a reasonable fee.
An exploration license shall confer no right to a
lease under this chapter. The issuance of exploration licenses shall not preclude the Secretary
from issuing coal leases at such times and locations and to such persons as he deems appropriate. No exploration license will be issued for
any land on which a coal lease has been issued.
A separate exploration license will be required
for exploration in each State. An application for
an exploration license shall identify general
areas and probable methods of exploration. Each
exploration license shall contain such reasonable conditions as the Secretary may require,
including conditions to insure the protection of
the environment, and shall be subject to all applicable Federal, State, and local laws and regulations. Upon violation of any such conditions or
laws the Secretary may revoke the exploration
license.
(2) A licensee may not cause substantial disturbance to the natural land surface. He may
not remove any coal for sale but may remove a
reasonable amount of coal from the lands subject to this chapter included under his license
for analysis and study. A licensee must comply
with all applicable rules and regulations of the
Federal agency having jurisdiction over the surface of the lands subject to this chapter. Exploration licenses covering lands the surface of
which is under the jurisdiction of any Federal
agency other than the Department of the Interior may be issued only upon such conditions as
it may prescribe with respect to the use and protection of the nonmineral interests in those
lands.
(3) The licensee shall furnish to the Secretary
copies of all data (including, but not limited to,

§ 201

TITLE 30—MINERAL LANDS AND MINING

geological, geophyscal,1 and core drilling analyses) obtained during such exploration. The Secretary shall maintain the confidentiality of all
data so obtained until after the areas involved
have been leased or until such time as he determines that making the data available to the
public would not damage the competitive position of the licensee, whichever comes first.
(4) Any person who willfully conducts coal exploration for commercial purposes on lands subject to this chapter without an exploration license issued hereunder shall be subject to a fine
of not more than $1,000 for each day of violation.
All data collected by said person on any Federal
lands as a result of such violation shall be made
immediately available to the Secretary, who
shall make the data available to the public as
soon as it is practicable. No penalty under this
subsection shall be assessed unless such person
is given notice and opportunity for a hearing
with respect to such violation.
(Feb. 25, 1920, ch. 85, § 2(a), (b), 41 Stat. 438; June
3, 1948, ch. 379, § 1, 62 Stat. 289; Pub. L. 86–252, § 2,
Sept. 9, 1959, 73 Stat. 490; Pub. L. 88–526, § 2(a),
(b), Aug. 31, 1964, 78 Stat. 710; Pub. L. 94–377,
§§ 2–4, Aug. 4, 1976, 90 Stat. 1083, 1085; Pub. L.
95–554, § 2, Oct. 30, 1978, 92 Stat. 2073; Pub. L.
109–58, title IV, § 436, Aug. 8, 2005, 119 Stat. 762.)
REFERENCES IN TEXT
This section, referred to in subsec. (a)(1), is section 2
of act Feb. 25, 1920, as amended, which is comprised of
subsecs. (a) to (d). Subsecs. (a) and (b) of section 2 comprise this section, subsec. (c) of section 2 comprises section 202 of this title, and subsec. (d) of section 2, as
added by section 5(b) of Pub. L. 94–377, comprises section 202a of this title.
The Federal Land Policy and Management Act of
1976, referred to in subsec. (a)(1), is Pub. L. 94–579, Oct.
21, 1976, 90 Stat. 2743, as amended. Title V of the Federal Land Policy and Management Act of 1976 is classified generally to subchapter V (§ 1761 et seq.) of chapter
35 of Title 43, Public Lands. For complete classification
of this Act to the Code, see Short Title note set out
under section 1701 of Title 43 and Tables.
The Federal Water Pollution Control Act, referred to
in subsec. (a)(3)(E), is act June 30, 1948, ch. 758, 62 Stat.
1155, formerly classified to chapter 23 (§ 1151 et seq.) of
Title 33, Navigation and Navigable Waters, which was
completely revised by Pub. L. 92–500, § 2, Oct. 18, 1972, 86
Stat. 816, and is classified generally to chapter 26 (§ 1251
et seq.) of Title 33. For complete classification of this
Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.
The Clean Air Act, referred to in subsec. (a)(3)(E), is
act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which
is classified generally to chapter 85 (§ 7401 et seq.) of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title
note set out under section 7401 of Title 42 and Tables.
CODIFICATION
Section is comprised of subsecs. (a) and (b) of section
2 of act Feb. 25, 1920, as amended by section 1 of act
June 3, 1948. Subsec. (c) of section 2 of act Feb. 25, 1920,
is classified to section 202 of this title. Subsec. (d) of
said section 2, as added by Pub. L. 94–377, § 5(b), Aug. 4,
1976, 90 Stat. 1086, is classified to section 202a of this
title.
AMENDMENTS
2005—Subsec. (a)(4), (5). Pub. L. 109–58 added pars. (4)
and (5).
1 So

in original. Probably should be ‘‘geophysical,’’.

Page 60

1978—Subsec. (a)(1). Pub. L. 95–554 authorized negotiated fair market value sales of coal when exercising
Federal land policy and management right-of-way permits.
1976—Subsec. (a). Pub. L. 94–377, § 2, designated existing provisions as par. (1), substituted provisions authorizing the division of any lands subject to this chapter which have been classified for coal leasing into
tracts as the Secretary finds appropriate, in the public
interest and will permit the mining of all economically
extractable coal, such leases to be awarded by competitive bidding for provisions authorizing the division of
classified or unclassified lands into tracts of forty
acres, or multiples thereof, in such form as, in the Secretary’s opinion will permit the most economical mining, such leases to be awarded by competitive bidding
or by such other method adopted by general regulation,
inserted provisions relating to deferred bonus payments
leasing, leasing to public agencies, and to the fair market value of leases, struck out provision for notice of
proposed offering for lease in a newspaper of general
circulation prior to approval or issuance of a competitive lease of coal, and added pars. (2) and (3).
Subsec. (b). Pub. L. 94–377, § 4, designated existing
provisions as par. (1), substituted provisions relating to
the issuance, term and conditions of exploration licenses for provisions relating to the issuance of prospecting permits for a term of two years, for not exceeding 5125 acres, with an extension period of two years if
the permittee has been unable, with the exercise of reasonable diligence to determine the existence or workability of coal deposits and desires further exploration,
and added pars. (2) to (4).
1964—Subsec. (a). Pub. L. 88–526, § 2(a), removed limitation on a single competitive lease by striking out
‘‘but in no case exceeding two thousand five hundred
and sixty acres in any one leasing tract,’’ after ‘‘such
tracts,’’.
Subsec. (b). Pub. L. 88–526, § 2(b), increased limitation
on the area carried by a prospecting permit from 2,560
to 5,120 acres.
1959—Subsec. (a). Pub. L. 86–252 struck out ‘‘outside
of the Territory of Alaska,’’ after ‘‘United States,’’.
1948—Act June 3, 1948, amended section generally, dividing it into subsections (a) to (c) and making minor
technical changes. Subsecs. (a) and (b) comprise this
section and subsec. (c) is set out as section 202 of this
title.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–58, title IV, § 438, Aug. 8, 2005, 119 Stat. 763,
provided that: ‘‘The amendments made by this subtitle
[subtitle D (§§ 431–438) of title IV of Pub. L. 109–58,
amending this section and sections 202a, 203, and 207 of
this title] apply with respect to any coal lease issued
before, on, or after the date of the enactment of this
Act [Aug. 8, 2005].’’
EFFECTIVE DATE OF 1976 AMENDMENT
Pub. L. 99–190, § 101(d) [title III, § 320], Dec. 19, 1985, 99
Stat. 1224, 1266, provided that: ‘‘The provisions of section 2(a)(2)(A) of the Mineral Lands Leasing Act of 1920
(41 Stat. 437) [subsec. (a)(2)(A) of this section], as
amended by section 3 of the Federal Coal Leasing
Amendments Act of 1976 (90 Stat. 1083) [Pub. L. 94–377,
see 1976 Amendment note above] shall not take effect
until December 31, 1986.’’
SAVINGS PROVISION
Section 4 of Pub. L. 94–377 provided that the amendment made by that section is subject to valid existing
rights.
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior, referred to
subsec. (a)(3)(D), to promulgate regulations under this
chapter relating to fostering of competition for Federal
leases transferred to Secretary of Energy by section
7152(b) of Title 42, The Public Health and Welfare. Sec-

Page 61

TITLE 30—MINERAL LANDS AND MINING

tion 7152(b) of Title 42 was repealed by Pub. L. 97–100,
title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and functions
of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, Nov. 5,
1981.
STUDY OF COAL LEASES BY DIRECTOR OF THE OFFICE
OF TECHNOLOGY ASSESSMENT
Section 10 of Pub. L. 94–377 provided that the Director
of the Office of Technology Assessment conduct a complete study of coal leases entered into by the United
States under sections 201, 202, and 202a of this title,
which study was to include an analysis of all mining
activities, present and potential value of these leases,
receipts to the Federal Government from these leases,
and recommendations as to the feasibility of the use of
deep mining technology in leased areas, with the results of his study to be submitted to Congress within
one year after Aug. 4, 1976.
COAL MINING ON AREAS OF NATIONAL PARK, WILDLIFE,
WILDERNESS PRESERVATION, TRAIL, SCENIC RIVERS,
SYSTEMS NOT AUTHORIZED
Section 16 of Pub. L. 94–377 provided that: ‘‘Nothing
in this Act [see Short Title of 1976 Amendment note
under section 181 of this title], or the Mineral Lands
Leasing Act [this chapter] and the Mineral Leasing Act
for Acquired Lands [section 351 et seq. of this title]
which are amended by this Act, shall be construed as
authorizing coal mining on any area of the National
Park System, the National Wildlife Refuge System, the
National Wilderness Preservation System, the National
System of Trails, and the Wild and Scenic Rivers System, including study rivers designated under section
5(a) of the Wild and Scenic Rivers Act [section 1276(a)
of Title 16, Conservation].’’
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

§ 201–1. Repealed. Pub. L. 94–377, § 5(a), Aug. 4,
1976, 90 Stat. 1086
Section, Pub. L. 88–526, § 2(c), (d), Aug. 31, 1964, 78
Stat. 710, permitted the entering into of contracts for
collective prospecting, development or operation of
coalfields by lessees for the purpose of conserving natural resources.
SAVINGS PROVISION
Section 5(a) of Pub. L. 94–377 provided that the repeal
of this section is subject to valid existing rights.

§ 201a. Repealed. June 3, 1948, ch. 379, § 8, 62
Stat. 291
Section, act Mar. 9, 1928, ch. 159, § 1, 45 Stat. 251, related to extension of coal prospecting permits.

§ 201b. Omitted
CODIFICATION
Section, act Mar. 9, 1928, ch. 159, § 2, 45 Stat. 251, provided for extension of coal permits already expired for
a period of two years from Mar. 9, 1928.

§ 202. Common carriers; limitations of lease or
permit
No company or corporation operating a common-carrier railroad shall be given or hold a
permit or lease under the provisions of this
chapter for any coal deposits except for its own
use for railroad purposes; and such limitations

§ 202a

of use shall be expressed in all permits and
leases issued to such companies or corporations;
and no such company or corporation shall receive or hold under permit or lease more than
ten thousand two hundred and forty acres in the
aggregate nor more than one permit or lease for
each two hundred miles of its railroad lines
served or to be served from such coal deposits
exclusive of spurs or switches and exclusive of
branch lines built to connect the leased coal
with the railroad, and also exclusive of parts of
the railroad operated mainly by power produced
otherwise than by steam.
Nothing in this section and section 201 of this
title shall preclude such a railroad of less than
two hundred miles in length from securing one
permit or lease thereunder but no railroad shall
hold a permit or lease for lands in any State in
which it does not operate main or branch lines.
(Feb. 25, 1920, ch. 85, § 2(c), 41 Stat. 438; June 13,
1944, ch. 244, 58 Stat. 275; June 3, 1948, ch. 379, § 1,
62 Stat. 289.)
CODIFICATION
Section is comprised of subsec. (c) of section 2 of act
Feb. 25, 1920, as amended by section 1 of act June 3,
1948. Subsecs. (a) and (b) of section 2 of act Feb. 25, 1920,
are classified to section 201 of this title. Subsec. (d) of
said section 2, as added by Pub. L. 94–377, § 5(b), Aug. 4,
1976, 90 Stat. 1086, is classified to section 202a of this
title.
AMENDMENTS
1948—Act June 3, 1948, reenacted this section without
change except to make it subsec. (c) of section 2 of act
Feb. 25, 1920.
1944—Act June 13, 1944, inserted ‘‘more than ten thousand two hundred and forty acres in the aggregate nor’’
before ‘‘more than one permit’’, substituted ‘‘railroad
lines served or to be served from such coal deposits’’ for
‘‘railroad line within the State in which such property
is situated,’’, and prohibited a railroad from holding a
permit or lease for lands in any State in which it did
not operate main or branch lines.

§ 202a. Consolidation of coal leases into logical
mining unit
(1) Approval by Secretary; public hearing; definition
The Secretary, upon determining that maximum economic recovery of the coal deposit or
deposits is served thereby, may approve the consolidation of coal leases into a logical mining
unit. Such consolidation may only take place
after a public hearing, if requested by any person whose interest is or may be adversely affected. A logical mining unit is an area of land
in which the coal resources can be developed in
an efficient, economical, and orderly manner as
a unit with due regard to conservation of coal
reserves and other resources. A logical mining
unit may consist of one or more Federal leaseholds, and may include intervening or adjacent
lands in which the United States does not own
the coal resources, but all the lands in a logical
mining unit must be under the effective control
of a single operator, be able to be developed and
operated as a single operation and be contiguous.
(2) Mining plan; requirements
(A) After the Secretary has approved the establishment of a logical mining unit, any min-

§ 203

TITLE 30—MINERAL LANDS AND MINING

ing plan approved for that unit must require
such diligent development, operation, and production that the reserves of the entire unit will
be mined within a period established by the Secretary which shall not be more than forty years.
(B) The Secretary may establish a period of
more than 40 years if the Secretary determines
that the longer period—
(i) will ensure the maximum economic recovery of a coal deposit; or
(ii) the longer period is in the interest of the
orderly, efficient, or economic development of
a coal resource.
(3) Conditions for approval
In approving a logical mining unit, the Secretary may provide, among other things, that (i)
diligent development, continuous operation, and
production on any Federal lease or non-Federal
land in the logical mining unit shall be construed as occurring on all Federal leases in that
logical mining unit, and (ii) the rentals and royalties for all Federal leases in a logical mining
unit may be combined, and advanced royalties
paid for any lease within a logical mining unit
may be credited against such combined royalties.
(4) Amendment to lease
The Secretary may amend the provisions of
any lease included in a logical mining unit so
that mining under that lease will be consistent
with the requirements imposed on that logical
mining unit.
(5) Leases issued before date of enactment of this
Act
Leases issued before the date of enactment of
this Act may be included with the consent of all
lessees in such logical mining unit, and, if so included, shall be subject to the provisions of this
section.
(6) Lessee required to form unit
By regulation the Secretary may require a lessee under this chapter to form a logical mining
unit, and may provide for determination of participating acreage within a unit.
(7) Required acreage
No logical mining unit shall be approved by
the Secretary if the total acreage (both Federal
and non-Federal) of the unit would exceed twenty-five thousand acres.
(8) Acreage limitations for coal leases not waived
Nothing in this section shall be construed to
waive the acreage limitations for coal leases
contained in section 184(a) of this title.
(Feb. 25, 1920, ch. 85, § 2(d), as added Pub. L.
94–377, § 5(b), Aug. 4, 1976, 90 Stat. 1086; amended
Pub. L. 109–58, title IV, § 433, Aug. 8, 2005, 119
Stat. 761.)
REFERENCES IN TEXT
The date of enactment of this Act, referred to in par.
(5), probably means the date of enactment of Pub. L.
94–377, which was approved Aug. 4, 1976.
This section, referred to in pars. (5) and (8), is section
2 of act Feb. 25, 1920, as amended, which is comprised
of subsecs. (a) to (d). Subsecs. (a) and (b) of section 2
are classified to section 201 of this title, subsec. (c) of
section 2 is classified to section 202 of this title, and

Page 62

subsec. (d) of section 2, as added by section 5(b) of Pub.
L. 94–377, is classified to this section.
CODIFICATION
Section is comprised of subsec. (d) of section 2 of act
Feb. 25, 1920, as added by Pub. L. 94–377. Subsecs. (a)
and (b) of said section 2 are classified to section 201 of
this title. Subsec. (c) of said section 2 is classified to
section 202 of this title.
AMENDMENTS
2005—Par. (2). Pub. L. 109–58 designated existing provisions as subpar. (A) and added subpar. (B).
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109–58 applicable with respect
to any coal lease issued before, on, or after Aug. 8, 2005,
see section 438 of Pub. L. 109–58, set out as a note under
section 201 of this title.

§ 203. Additional lands or deposits
(a) In general
(1) Except as provided in paragraph (3), on a
finding by the Secretary under paragraph (2),
any person, association, or corporation holding
a lease of coal lands or coal deposits under the
provisions of this chapter may with the approval
of the Secretary of the Interior,1 secure modifications of the original coal lease by including
additional coal lands or coal deposits contiguous
or cornering to those embraced in the lease.
(2) A finding referred to in paragraph (1) is a
finding by the Secretary that the modifications—
(A) would be in the interest of the United
States;
(B) would not displace a competitive interest
in the lands; and
(C) would not include lands or deposits that
can be developed as part of another potential
or existing operation.
(3) In no case shall the total area added by
modifications to an existing coal lease under
paragraph (1)—
(A) exceed 960 acres; or
(B) add acreage larger than that in the original lease.
(b) Terms and conditions
The Secretary shall prescribe terms and conditions which shall be consistent with this chapter
and applicable to all of the acreage in such
modified lease except that nothing in this section shall require the Secretary to apply the
production or mining plan requirements of sections 202a(2) and 207(c) of this title.
(c) Royalties
The minimum royalty provisions of section
207(a) of this title shall not apply to any lands
covered by this modified lease prior to a modification until the term of the original lease or
extension thereof which became effective prior
to the effective date of this Act has expired.
(Feb. 25, 1920, ch. 85, § 3, 41 Stat. 439; Pub. L.
94–377, § 13(b), Aug. 4, 1976, 90 Stat. 1090; Pub. L.
95–554, § 3, Oct. 30, 1978, 92 Stat. 2074; Pub. L.
109–58, title IV, § 432, Aug. 8, 2005, 119 Stat. 760.)
REFERENCES IN TEXT
Sections 202a(2) and 207(c) of this title, referred to in
subsec. (b), was in the original ‘‘section 2(d)(2) and 7(c)
1 So

in original. The comma probably should not appear.

Page 63

TITLE 30—MINERAL LANDS AND MINING

of this Act (30 U.S.C. 201(d)(2) and 207(c))’’, and was
translated as sections 202a(2) and 207(c) of this title to
reflect the probable intent of Congress.
The effective date of this Act, referred to in subsec.
(c), probably means the date of enactment of Pub. L.
95–554, which was approved Oct. 30, 1978.
AMENDMENTS
2005—Pub. L. 109–58 designated first sentence as par.
(1) of subsec. (a), substituted ‘‘Except as provided in
paragraph (3), on a finding by the Secretary under paragraph (2), any person’’ for ‘‘Any person’’ and ‘‘secure
modifications of the original coal lease by including additional coal lands or coal deposits contiguous or cornering to those embraced in the lease’’ for ‘‘upon a
finding by him that it would be in the interest of the
United States, secure modifications of the original coal
lease by including additional coal lands or coal deposits
contiguous or cornering to those embraced in such
lease, but in no event shall the total area added by such
modifications to an existing coal lease exceed one hundred sixty acres, or add acreage larger than that in the
original lease’’, added pars. (2) and (3), and designated
second and third sentences as subsecs. (b) and (c), respectively.
1978—Pub. L. 95–554 authorized modification of leases
to include coal lands or coal deposits cornering to those
embraced in the leases and inserted provision respecting application of production or mining plan requirements of sections 202a(2) and 207(c) and minimum royalty provisions of section 207(a) of this title.
1976—Pub. L. 94–377 struck out the advantage to the
lessee as one of the conditions for modification of the
original lease, substituted provision prohibiting the addition of total area in excess of 160 acres or adding
acreage larger than that in the original lease for provision limiting the total area embraced in such modified
lease to an aggregate of 2560 acres, and inserted provision authorizing the Secretary to prescribe terms and
conditions consistent with this chapter which shall be
applicable to the total acreage in the modified lease.
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109–58 applicable with respect
to any coal lease issued before, on, or after Aug. 8, 2005,
see section 438 of Pub. L. 109–58, set out as a note under
section 201 of this title.
SAVINGS PROVISION
Section 13(b) of Pub. L. 94–377 provided that the
amendment made by that section is subject to valid existing rights.

§ 204. Repealed. Pub. L. 94–377, § 13(a), Aug. 4,
1976, 90 Stat. 1090
Section, act Feb. 25, 1920, ch. 85, § 4, 41 Stat. 439, provided for the leasing of an additional tract of land or
coal deposit, not to exceed 2560 acres, upon a showing
by a lessee that all workable deposits of coal would be
exhausted, worked out, or removed within three years
thereafter.
SAVINGS PROVISION
Section 13(a) of Pub. L. 94–377 provided that the repeal of this section is subject to valid existing rights.

§ 205. Consolidation of leases
If, in the judgment of the Secretary of the Interior, the public interest will be subserved
thereby, lessees holding under lease areas not
exceeding the maximum permitted under this
chapter may consolidate their leases through
the surrender of the original leases and the inclusion of such areas in a new lease of not to exceed two thousand five hundred and sixty acres
of contiguous lands.

§ 207

(Feb. 25, 1920, ch. 85, § 5, 41 Stat. 439.)
§ 206. Noncontiguous coal or phosphate tracts in
single lease
Where coal or phosphate lands aggregating
two thousand five hundred and sixty acres and
subject to lease hereunder do not exist as contiguous areas, the Secretary of the Interior is
authorized, if, in his opinion the interests of the
public and of the lessee will be thereby subserved, to embrace in a single lease noncontiguous tracts which can be operated as a single
mine or unit.
(Feb. 25, 1920, ch. 85, § 6, 41 Stat. 439.)
§ 207. Conditions of lease
(a) Term of lease; annual rentals; royalties; readjustment of conditions
A coal lease shall be for a term of twenty
years and for so long thereafter as coal is produced annually in commercial quantities from
that lease. Any lease which is not producing in
commercial quantities at the end of ten years
shall be terminated. The Secretary shall by regulation prescribe annual rentals on leases. A
lease shall require payment of a royalty in such
amount as the Secretary shall determine of not
less than 121⁄2 per centum of the value of coal as
defined by regulation, except the Secretary may
determine a lesser amount in the case of coal recovered by underground mining operations. The
lease shall include such other terms and conditions as the Secretary shall determine. Such
rentals and royalties and other terms and conditions of the lease will be subject to readjustment at the end of its primary term of twenty
years and at the end of each ten-year period
thereafter if the lease is extended.
(b) Diligent development and continued operation; suspension of condition on payment of
advance royalties
(1) Each lease shall be subject to the conditions of diligent development and continued operation of the mine or mines, except where operations under the lease are interrupted by
strikes, the elements, or casualties not attributable to the lessee.
(2) The Secretary of the Interior, upon determining that the public interest will be served
thereby, may suspend the condition of continued
operation upon the payment of advance royalties.
(3) Advance royalties described in paragraph
(2) shall be no less than the production royalty
which would otherwise be paid and shall be computed on a fixed reserve to production ratio (determined by the Secretary).
(4) Advance royalties described in paragraph
(2) shall be computed—
(A) based on—
(i) the average price in the spot market for
sales of comparable coal from the same region during the last month of each applicable continued operation year; or
(ii) in the absence of a spot market for
comparable coal from the same region, by
using a comparable method established by
the Secretary of the Interior to capture the
commercial value of coal; and

§ 208

TITLE 30—MINERAL LANDS AND MINING

(B) based on commercial quantities, as defined by regulation by the Secretary of the Interior.
(5) The aggregate number of years during the
period of any lease for which advance royalties
may be accepted in lieu of the condition of continued operation shall not exceed 20 years.
(6) 1 The amount of any production royalty
paid for any year shall be reduced (but not below
0) by the amount of any advance royalties paid
under a lease described in paragraph (5) to the
extent that the advance royalties have not been
used to reduce production royalties for a prior
year.
(6) 1 The Secretary may, upon six months’ notification to the lessee cease to accept advance
royalties in lieu of the requirement of continued
operation.
(7) Nothing in this subsection shall be construed to affect the requirement contained in
the second sentence of subsection (a) of this section relating to commencement of production at
the end of ten years.
(c) Operation and reclamation plan
Prior to taking any action on a leasehold
which might cause a significant disturbance of
the environment, the lessee shall submit for the
Secretary’s approval an operation and reclamation plan. The Secretary shall approve or disapprove the plan or require that it be modified.
Where the land involved is under the surface jurisdiction of another Federal agency, that other
agency must consent to the terms of such approval.
(Feb. 25, 1920, ch. 85, § 7, 41 Stat. 439; Pub. L.
94–377, § 6, Aug. 4, 1976, 90 Stat. 1087; Pub. L.
109–58, title IV, §§ 434, 435, Aug. 8, 2005, 119 Stat.
761, 762.)
AMENDMENTS
2005—Subsec. (b). Pub. L. 109–58, § 434, designated first
to third and seventh and eighth sentences as pars. (1) to
(3) and (6) and (7), respectively, substituted ‘‘Advance
royalties described in paragraph (2)’’ for ‘‘Such advance
royalties’’ in par. (3), added pars. (4), (5), and (6) related
to amount of any production royalty paid, and struck
out fourth to sixth sentences which read as follows:
‘‘The aggregate number of years during the period of
any lease for which advance royalties may be accepted
in lieu of the condition of continued operation shall not
exceed ten. The amount of any production royalty paid
for any year shall be reduced (but not below 0) by the
amount of any advance royalties paid under such lease
to the extent that such advance royalties have not been
used to reduce production royalties for a prior year. No
advance royalty paid during the initial twenty-year
term of a lease shall be used to reduce a production
royalty after the twentieth year of a lease.’’
Subsec. (c). Pub. L. 109–58, § 435, struck out ‘‘and not
later than three years after a lease is issued,’’ before
‘‘the lessee shall submit’’.
1976—Pub. L. 94–377 designated existing provisions as
subsec. (a), substituted provisions limiting the lease
term to 20 years and for so long thereafter as coal is
produced annually in commercial quantities for provision authorizing leases for indeterminate periods upon
condition of diligent development and continued operation except for strikes, the elements, or casualties not
attributable to lessees; provisions for payment of royalties as determined by the Secretary of not less than
121⁄2 per centum of coal value, except as reduced for
1 So

in original. Two pars. (6) have been enacted.

Page 64

coal from underground mining operations for provisions specifying royalties as stated in the lease, but not
less than 5 cents per ton; provision for rentals as prescribed by regulation for provision setting rentals as
fixed by the Secretary at not less than 25 cents per acre
for the first year, 50 cents for the second, third, fourth
and fifth years, and $1 for each year thereafter, and
provision for readjustment of royalties and terms and
conditions after primary period of twenty years and
subsequent ten year intervals for provision for readjustment after twenty years unless otherwise provided
by law, and added subsecs. (b) and (c).
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109–58 applicable with respect
to any coal lease issued before, on, or after Aug. 8, 2005,
see section 438 of Pub. L. 109–58, set out as a note under
section 201 of this title.

§ 208. Permits to take coal for local domestic
needs without royalty payments; corporation
exclusion; area to municipalities for household use without profit
In order to provide for the supply of strictly
local domestic needs for fuel, the Secretary of
the Interior may, under such rules and regulations as he may prescribe in advance, issue limited licenses or permits to individuals or associations of individuals to prospect for, mine, and
take for their use but not for sale, coal from the
public lands without payment of royalty for the
coal mined or the land occupied, on such conditions not inconsistent with this chapter as in his
opinion will safeguard the public interests. This
privilege shall not extend to any corporations.
In the case of municipal corporations the Secretary of the Interior may issue such limited license or permit, for not to exceed three hundred
and twenty acres for a municipality of less than
one hundred thousand population, and not to exceed one thousand two hundred and eighty acres
for a municipality of not less than one hundred
thousand and not more than one hundred and
fifty thousand population; and not to exceed two
thousand five hundred and sixty acres for a municipality of one hundred and fifty thousand
population or more, the land to be selected within the State wherein the municipal applicant
may be located, upon condition that such municipal corporations will mine the coal therein
under proper conditions and dispose of the same
without profit to residents of such municipality
for household use: Provided, That the acquisition
or holding of a lease under sections 181, 201, and
202 to 207 of this title shall be no bar to the holding of such tract or operation of such mine
under said limited license.
(Feb. 25, 1920, ch. 85, § 8, 41 Stat. 440.)
§ 208–1. Exploratory program for evaluation of
known recoverable coal resources
(a) Authorization; purpose
The Secretary is authorized and directed to
conduct a comprehensive exploratory program
designed to obtain sufficient data and information to evaluate the extent, location, and potential for developing the known recoverable coal
resources within the coal lands subject to this
chapter. This program shall be designed to obtain the resource information necessary for determining whether commercial quantities of

Page 65

TITLE 30—MINERAL LANDS AND MINING

coal are present and the geographical extent of
the coal fields and for estimating the amount of
such coal which is recoverable by deep mining
operations and the amount of such coal which is
recoverable by surface mining operations in
order to provide a basis for—
(1) developing a comprehensive land use plan
pursuant to section 2;
(2) improving the information regarding the
value of public resources and revenues which
should be expected from leasing;
(3) increasing competition among producers
of coal, or products derived from the conversion of coal, by providing data and information to all potential bidders equally and equitably;
(4) providing the public with information on
the nature of the coal deposits and the associated stratum and the value of the public resources being offered for sale; and
(5) providing the basis for the assessment of
the amount of coal deposits in those lands subject to this chapter under subparagraph (B) of
section 201(a)(3) of this title.
(b) Seismic, geophysical, geochemical or stratigraphic drilling
The Secretary, through the United States Geological Survey, is authorized to conduct seismic,
geophysical, geochemical, or stratigraphic drilling, or to contract for or purchase the results of
such exploratory activities from commercial or
other sources which may be needed to implement the provisions of this section.
(c) Exploratory drilling by party not under contract to United States; confidentiality of information prior to award of lease
Nothing in this section shall limit any person
from conducting exploratory geophysical surveys including seismic, geophysical, chemical
surveys to the extent permitted by section 201(b)
of this title. The information obtained from the
exploratory drilling carried out by a person not
under contract with the United States Government for such drilling prior to award of a lease
shall be provided the confidentiality pursuant to
subsection (d) of this section.
(d) Availability to public of all data, information,
maps, surveys; confidentiality of information
purchased from commercial sources not
under contract to United States prior to
award of lease
The Secretary shall make available to the
public by appropriate means all data, information, maps, interpretations, and surveys which
are obtained directly by the Department of the
Interior or under a service contract pursuant to
subsection (b) of this section. The Secretary
shall maintain a confidentiality of all proprietary data or information purchased from commercial sources while not under contract with
the United States Government until after the
areas involved have been leased.
(e) Information or data from Federal departments or agencies; confidentiality of proprietary information or data; utilization of Federal departments and agencies by agreement
All Federal departments or agencies are authorized and directed to provide the Secretary

§ 208–1

with any information or data that may be
deemed necessary to assist the Secretary in implementing the exploratory program pursuant
to this section. Proprietary information or data
provided to the Secretary under the provisions
of this subsection shall remain confidential for
such period of time as agreed to by the head of
the department or agency from whom the information is requested. In addition, the Secretary
is authorized and directed to utilize the existing
capabilities and resources of other Federal departments and agencies by appropriate agreement.
(f) Publication of geological and geophysical
maps and reports of lands offered for lease
The Secretary is directed to prepare, publish,
and keep current a series of detailed geological,
and geophysical maps of, and reports concerning, all coal lands to be offered for leasing under
this chapter, based on data and information
compiled pursuant to this section. Such maps
and reports shall be prepared and revised at reasonable intervals beginning eighteen months
after the date of enactment of this Act. Such
maps and reports shall be made available on a
continuing basis to any person on request.
(g) Implementation plan for coal lands exploration program; development and transmittal
to Congress; contents
Within six months after the date of enactment
of this Act, the Secretary shall develop and
transmit to Congress an implementation plan
for the coal lands exploration program authorized by this section, including procedures for
making the data and information available to
the public pursuant to subsection (d) of this section, and maps and reports pursuant to subsection (f) of this section. The implementation
plan shall include a projected schedule of exploratory activities and identification of the regions
and areas which will be explored under the coal
lands exploration program during the first five
years following the enactment of this section. In
addition, the implementation plan shall include
estimates of the appropriations and staffing required to implement the coal lands exploration
program.
(h) Stratigraphic drilling; scope; statement of results
The stratigraphic drilling authorized in subsection (b) of this section shall be carried out in
such a manner as to obtain information pertaining to all recoverable reserves. For the purpose
of complying with subsection (a) of this section,
the Secretary shall require all those authorized
to conduct stratigraphic drilling pursuant to
subsection (b) of this section to supply a statement of the results of test boring of core sampling including logs of the drill holes; the thickness of the coal seams found; an analysis of the
chemical properties of such coal; and an analysis of the strata layers lying above all the seams
of coal. All drilling activities shall be conducted
using the best current technology and practices.
(Feb. 25, 1920, ch. 85, § 8A, as added Pub. L. 94–377,
§ 7, Aug. 4, 1976, 90 Stat. 1087.)
REFERENCES IN TEXT
Section 2, referred to in subsec. (a)(1), means section
2 of act Feb. 25, 1920, as amended, and is comprised of

§ 208–2

TITLE 30—MINERAL LANDS AND MINING

subsecs. (a) to (d). Subsecs. (a) and (b) of section 2 are
classified to section 201 of this title, subsec. (c) of section 2 is classified to section 202 of this title, and subsec. (d) of section 2, as added by section 5(b) of Pub. L.
94–377, is classified to section 202a of this title.
The date of enactment of this Act, referred to in subsecs. (f) and (g), probably means the date of enactment
of Pub. L. 94–377, which was approved Aug. 4, 1976.

§ 208–2. Repealed. Pub. L. 104–66, title I, § 1091(e),
Dec. 21, 1995, 109 Stat. 722
Section, act Feb. 25, 1920, ch. 85, § 8B, as added Aug.
4, 1976, Pub. L. 94–377, § 8, 90 Stat. 1089, related to reports to Congress on leasing and production of coal
lands, contents, recommendations, and reports by Attorney General on competition in the coal industry and
on effectiveness of antitrust laws.

§ 208a. Repealed. Pub. L. 97–468, title
§ 615(a)(3), Jan. 14, 1983, 96 Stat. 2578

VI,

Section, act July 19, 1932, ch. 513, 47 Stat. 707, authorized general manager of Alaska Railroad to purchase
coal annually for railroad from two or more operating
companies in areas adjacent to railroad.
Section was formerly classified to section 445a of
Title 48, Territories and Insular Possessions.
EFFECTIVE DATE OF REPEAL
Repeal by Pub. L. 97–468 became effective on date of
transfer of Alaska Railroad to the State [Jan. 5, 1985],
pursuant to section 1203 of Title 45, Railroads, see section 615(a) of Pub. L. 97–468.

§ 209. Suspension, waiver, or reduction of rents
or royalties to promote development or operation; extension of lease on suspension of operations and production
The Secretary of the Interior, for the purpose
of encouraging the greatest ultimate recovery of
coal, oil, gas, oil shale 1 gilsonite (including all
vein-type solid hydrocarbons),,2 phosphate, sodium, potassium and sulfur, and in the interest
of conservation of natural resources, is authorized to waive, suspend, or reduce the rental, or
minimum royalty, or reduce the royalty on an
entire leasehold, or on any tract or portion
thereof segregated for royalty purposes, whenever in his judgment it is necessary to do so in
order to promote development, or whenever in
his judgment the leases cannot be successfully
operated under the terms provided therein.3 Provided, however, That in order to promote development and the maximum production of tar
sand, at the request of the lessee, the Secretary
shall review, prior to commencement of commercial operations, the royalty rates established in each combined hydrocarbon lease issued in special tar sand areas. For purposes of
this section, the term ‘‘tar sand’’ means any
consolidated or unconsolidated rock (other than
coal, oil shale, or gilsonite) that either: (1) contains a hydrocarbonaceous material with a gasfree viscosity, at original reservoir temperature,
greater than 10,000 centipoise, or (2) contains a
hydrocarbonaceous material and is produced by
mining or quarrying. In the event the Secretary
of the Interior, in the interest of conservation,
shall direct or shall assent to the suspension of
operations and production under any lease
1 So

in original. Probably should be followed by a comma.
in original.
3 So in original. The period probably should be a colon.
2 So

Page 66

granted under the terms of this chapter, any
payment of acreage rental or of minimum royalty prescribed by such lease likewise shall be
suspended during such period of suspension of
operations and production; and the term of such
lease shall be extended by adding any such suspension period thereto. The provisions of this
section shall apply to all oil and gas leases issued under this chapter, including those within
an approved or prescribed plan for unit or cooperative development and operation. Nothing in
this section shall be construed as granting to
the Secretary the authority to waive, suspend,
or reduce advance royalties.
(Feb. 25, 1920, ch. 85, § 39, as added Feb. 9, 1933,
ch. 45, 47 Stat. 798; amended Aug. 8, 1946, ch. 916,
§ 10, 60 Stat. 957; June 3, 1948, ch. 379, § 7, 62 Stat.
291; Pub. L. 94–377, § 14, Aug. 4, 1976, 90 Stat. 1091;
Pub. L. 97–78, § 1(3), (7), Nov. 16, 1981, 95 Stat.
1070, 1071.)
AMENDMENTS
1981—Pub. L. 97–78 inserted reference to gilsonite (including all vein-type solid hydrocarbons) and inserted
proviso that, in order to promote development and the
maximum production of tar sand, at the request of the
lessee, the Secretary review, prior to commencement of
commercial operations, the royalty rates established in
each combined hydrocarbon lease issued in special tar
sand areas, and that, for purposes of this section, ‘‘tar
sand’’ means any consolidated or unconsolidated rock
(other than coal, oil shale, or gilsonite) that either contains a hydrocarbonaceous material with a gas-free viscosity, at original reservoir temperature, greater than
10,000 centipoise, or contains a hydrocarbonaceous material and is produced by mining or quarrying.
1976—Pub. L. 94–377 inserted sentence at end that
nothing in this section shall be construed as granting
to the Secretary authority to waive, suspend, or reduce
advance royalties.
1948—Act June 3, 1948, extended applicability of section to oil shale, phosphate, sodium, potassium, and
sulphur.
1946—Act Aug. 8, 1946, principally inserted first and
third sentences relating to waiver, suspension or reduction of royalties or rentals, and applicability of section
to cooperative or unit plans, respectively.
SAVINGS PROVISION
See note set out under section 181 of this title.

SUBCHAPTER III—PHOSPHATES
§ 211. Phosphate deposits
(a) Authorization to lease land; terms and conditions; acreage
The Secretary of the Interior is authorized to
lease to any applicant qualified under this chapter, through advertisement, competitive bidding, or such other methods as he may by general regulations adopt, any phosphate deposits
of the United States, and lands containing such
deposits, including associated and related minerals, when in his judgment the public interest
will be best served thereby. The lands shall be
leased under such terms and conditions as are
herein specified, in units reasonably compact in
form of not to exceed two thousand five hundred
and sixty acres.
(b) Prospecting permits; issuance; term; acreage;
entitlement to lease
Where prospecting or exploratory work is necessary to determine the existence or workability

Page 67

TITLE 30—MINERAL LANDS AND MINING

of phosphate deposits in any unclaimed, undeveloped area, the Secretary of the Interior is authorized to issue, to any applicant qualified
under this chapter, a prospecting permit which
shall give the exclusive right to prospect for
phosphate deposits, including associated minerals, for a period of two years, for not more
than two thousand five hundred and sixty acres;
and if prior to the expiration of the permit the
permittee shows to the Secretary that valuable
deposits of phosphate have been discovered within the area covered by his permit, the permittee
shall be entitled to a lease for any or all of the
land embraced in the prospecting permit.
(c) Extension of term of permit
Any phosphate permit issued under this section may be extended by the Secretary for such
an additional period, not in excess of four years,
as he deems advisable, if he finds that the permittee has been unable, with reasonable diligence, to determine the existence or workability
of phosphate deposits in the area covered by the
permit and desires to prosecute further prospecting or exploration, or for other reasons warranting such an extension in the opinion of the
Secretary.
(Feb. 25, 1920, ch. 85, § 9, 41 Stat. 440; June 3, 1948,
ch. 379, § 2, 62 Stat. 290; Pub. L. 86–391, § 1(a), Mar.
18, 1960, 74 Stat. 7.)
AMENDMENTS
1960—Pub. L. 86–391 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c).
1948—Act June 3, 1948, included provision limiting
amount of land in lease.

§ 212. Surveys; royalties; time payable; annual
rentals; term of leases; readjustment on renewals; minimum production; suspension of
operation
Each lease shall describe the leased lands by
the legal subdivisions of the public-land surveys.
All leases shall be conditioned upon the payment to the United States of such royalties as
may be specified in the lease, which shall be
fixed by the Secretary of the Interior in advance
of offering the same, at not less than 5 per centum of the gross value of the output of phosphates or phosphate rock and associated or related minerals. Royalties shall be due and payable as specified in the lease either monthly or
quarterly on the last day of the month next following the month or quarter in which the minerals are sold or removed from the leased land.
Each lease shall provide for the payment of a
rental payable at the date of the lease and annually thereafter which shall be not less than 25
cents per acre for the first year, 50 cents per
acre for the second and third years, respectively,
and $1 per acre for each year thereafter, during
the continuance of the lease. The rental paid for
any year shall be credited against the royalties
for that year. Leases shall be for a term of twenty years and so long thereafter as the lessee
complies with the terms and conditions of the
lease and upon the further condition that at the
end of each twenty-year period succeeding the
date of the lease such reasonable readjustment
of the terms and conditions thereof may be
made therein as may be prescribed by the Sec-

§ 214

retary of the Interior unless otherwise provided
by law at the expiration of such periods. Leases
shall be conditioned upon a minimum annual
production or the payment of a minimum royalty in lieu thereof, except when production is
interrupted by strikes, the elements, or casualties not attributable to the lessee. The Secretary of the Interior may permit suspension of
operations under any such leases when marketing conditions are such that the leases cannot be
operated except at a loss.
(Feb. 25, 1920, ch. 85, § 10, 41 Stat. 440; June 3,
1948, ch. 379, § 3, 62 Stat. 290.)
AMENDMENTS
1948—Act June 3, 1948, amended section generally,
omitting provisions relating to amount of lands in
lease, and inserting provisions regarding royalties.

§ 213. Royalties for use of deposits of silica, limestone, or other rock embraced in lease
Any lease to develop and extract phosphates,
phosphate rock, and associated or related minerals under the provisions of sections 211 to 214
of this title shall provide that the lessee may
use so much of any deposit of silica or limestone
or other rock situated on any public lands embraced in the lease as may be utilized in the
processing or refining of the phosphates, phosphate rock, and associated or related minerals
mined from the leased lands or from other lands
upon payments of such royalty as may be determined by the Secretary of the Interior, which
royalty may be stated in the lease or, as to the
leases already issued, may be provided for in an
attachment to the lease to be duly executed by
the lessor and the lessee.
(Feb. 25, 1920, ch. 85, § 11, 41 Stat. 440; June 3,
1948, ch. 379, § 4, 62 Stat. 291.)
AMENDMENTS
1948—Act June 3, 1948, amended section generally,
omitting provision relating to royalties and annual
rents, and inserting provisions relating to use of deposits of silica, limestone or other rock embraced in the
lease upon the payment of a suitable royalty.

§ 214. Use of surface of other public lands; acreage; forest lands exception
The holder of any lease or permit issued under
the provisions of sections 211 to 214 of this title
shall have the right to use so much of the surface of unappropriated and unentered public
lands not a part of his lease or permit, not exceeding eighty acres in area, as may be determined by the Secretary to be necessary or convenient for the extraction, treatment, and removal of the mineral deposits, but this provision
shall not be applicable to national forest lands.
(Feb. 25, 1920, ch. 85, § 12, 41 Stat. 441; June 3,
1948, ch. 379, § 5, 62 Stat. 291; Pub. L. 86–391, § 1(b),
Mar. 18, 1960, 74 Stat. 8.)
AMENDMENTS
1960—Pub. L. 86–391 substituted ‘‘lease or permit’’ for
‘‘lease’’ in two places.
1948—Act June 3, 1948, increased lands to be used from
40 to 80 acres, excepted national forest lands from its
provisions, and substituted ‘‘The holder of any lease issued under the provisions of sections 211 to 214 of this
title’’, ‘‘public lands not a part of his lease’’, and ‘‘or

TITLE 30—MINERAL LANDS AND MINING

§§ 221 to 222i

convenient for the extraction’’ for ‘‘Any qualified applicant to whom the Secretary of the Interior may
grant a lease to develop and extract phosphates, or
phosphate rock, under the provisions of this chapter’’,
‘‘lands’’, and ‘‘for the proper prospecting for or development, extraction’’, respectively.

SUBCHAPTER IV—OIL AND GAS
§§ 221 to 222i. Omitted
CODIFICATION
Sections expired by their own terms. They provided
as follows:
Section 221, acts Feb. 25, 1920, ch. 85, § 13, 41 Stat. 441;
Aug. 21, 1935, ch. 599, § 1, 49 Stat. 674, provided for prospecting permits, their terms and conditions, extension,
location of lands, marking land, notice of application
for permits, permits in Alaska, exchanging permits for
leases, and limited extensions to Dec. 31, 1938.
Section 222, act Jan. 11, 1922, ch. 28, 42 Stat. 356, authorized Secretary of the Interior to extend time for
drilling not to exceed three years.
Section 222a, act Apr. 5, 1926, ch. 107, § 1, 44 Stat. 236,
authorized a further extension of two years for drilling.
Section 222b, act Apr. 5, 1926, ch. 107, § 2, 44 Stat. 236,
provided for extension of expired permits for a period of
two years from Apr. 5, 1926.
Section 222c, act Mar. 9, 1928, ch. 168, § 1, 45 Stat. 252,
authorized a two year extension for permits.
Section 222d, act Mar. 9, 1928, ch. 168, § 2, 45 Stat. 252,
authorized a two year extension of permits already expired.
Section 222e, act Jan. 23, 1930, ch. 25, § 1, 46 Stat. 58,
provided that permits issued or extended for three
years might be further for three years.
Section 222f, act Jan. 23, 1930, ch. 25, § 2, 46 Stat. 59,
provided for an extension of permits already expired for
a period of three years from Jan. 23, 1930.
Section 222g, act June 30, 1932, ch. 319, § 1, 47 Stat. 445,
provided for a further extension of three years.
Section 222h, act June 30, 1932, ch. 319, § 2, 47 Stat. 446,
authorized an extension, for permits already expired, of
three years from June 30, 1932.
Section 222i, acts Aug. 26, 1937, ch. 828, 50 Stat. 842;
Aug. 11, 1939, ch. 716, 53 Stat. 1418, provided for final extension of prospecting permits, outstanding on Dec. 31,
1937, to Dec. 31, 1939.
COMPROMISE OF CLAIMS FOR ACCRUED RENTAL
Act July 29, 1942, ch. 534, § 2, 56 Stat. 726, authorized
Secretary of the Interior to make a compromise settlement of any claim for accrued rental under a lease issued pursuant to the provisions of section 221 of this
title, in any case in which he determined that it would
be financially beneficial to the United States to make
such a compromise settlement or in any case in which
he determined that collection of the full amount of
such accrued rental from the lessee was inadvisable because of the lessee’s financial resources being limited.

§ 223. Leases; amount and survey of land; term of
lease; royalties and annual rental
Upon establishing to the satisfaction of the
Secretary of the Interior that valuable deposits
of oil or gas have been discovered within the
limits of the land embraced in any permit, the
permittee shall be entitled to a lease for onefourth of the land embraced in the prospecting
permit: Provided, That the permittee shall be
granted a lease for as much as one hundred and
sixty acres of said lands, if there be that number
of acres within the permit. The area to be selected by the permittee, shall be in reasonably
compact form and, if surveyed, to be described
by the legal subdivisions of the public-land surveys; if unsurveyed, to be surveyed by the Gov-

Page 68

ernment at the expense of the applicant for
lease in accordance with rules and regulations
to be prescribed by the Secretary of the Interior,
and the lands leased shall be conformed to and
taken in accordance with the legal subdivisions
of such surveys; deposits made to cover expense
of surveys shall be deemed appropriated for that
purpose, and any excess deposits may be repaid
to the person or persons making such deposit or
their legal representatives. Such leases shall be
for a term of twenty years upon a royalty of 5
per centum in amount or value of the production and the annual payment in advance of a
rental of $1 per acre, the rental paid for any one
year to be credited against the royalties as they
accrue for that year, and shall continue in force
otherwise as prescribed in section 226 of this
title for leases issued prior to August 21, 1935.
The permittee shall also be entitled to a preference right to a lease for the remainder of the
land in his prospecting permit at a royalty of
not less than 121⁄2 per centum in amount or value
of the production nor more than the royalty
rate prescribed by regulation in force on January 1, 1935, for secondary leases issued under this
section, and under such other conditions as are
fixed for oil or gas leases issued under section
226 of this title the royalty to be determined by
competitive bidding or fixed by such other
method as the Secretary may by regulations
prescribe: Provided further, That the Secretary
shall have the right to reject any or all bids.
(Feb. 25, 1920, ch. 85, § 14, 41 Stat. 442; Aug. 21,
1935, ch. 599, § 1, 49 Stat. 676.)
AMENDMENTS
1935—Act Aug. 21, 1935, inserted ‘‘reasonably’’ before
‘‘compact form’’ and substituted ‘‘and shall continue in
force otherwise as prescribed in section 226 of this title
for leases issued prior to August 21, 1935’’ and ‘‘oil or
gas leases issued under section 226 of this title’’ for
‘‘with the right of renewal as prescribed in section 226
of this title’’ and ‘‘oil or gas leases in this chapter’’, respectively.
LIMITATION OF ROYALTY ON DISCOVERIES DURING WAR
PERIOD
Act Dec. 24, 1942, ch. 812, 56 Stat. 1080, limiting royalty obligation of oil or gas lessee who drills well resulting in discovery of new deposit on public domain
during the national emergency was repealed by Joint
Res. July 25, 1947, ch. 327, § 1, 61 Stat. 449.
OUTER CONTINENTAL SHELF; LEASES
Grant by Secretary of the Interior of oil, gas, and
other mineral leases on submerged lands of outer Continental Shelf, see section 1331 et seq. of Title 43, Public
Lands.

§ 223a. Repealed. Aug. 8, 1946, ch. 916, § 14, 60
Stat. 958
Section, act Aug. 21, 1935, ch. 599, § 2, 49 Stat. 679, related to new oil and gas leases in lieu of old.
SAVINGS PROVISION
See note set out under section 181 of this title.

§ 224. Payments for oil or gas taken prior to application for lease
Until the permittee shall apply for lease to the
one quarter of the permit area heretofore provided for he shall pay to the United States 20 per

Page 69

TITLE 30—MINERAL LANDS AND MINING

centum of the gross value of all oil or gas secured by him from the lands embraced within
his permit and sold or otherwise disposed of or
held by him for sale or other disposition.
(Feb. 25, 1920, ch. 85, § 15, 41 Stat. 442.)
§ 225. Condition of lease, forfeiture for violation
All leases of lands containing oil or gas, made
or issued under the provisions of this chapter,
shall be subject to the condition that the lessee
will, in conducting his explorations and mining
operations, use all reasonable precautions to
prevent waste of oil or gas developed in the land,
or the entrance of water through wells drilled by
him to the oil sands or oil-bearing strata, to the
destruction or injury of the oil deposits. Violations of the provisions of this section shall constitute grounds for the forfeiture of the lease, to
be enforced as provided in this chapter.
(Feb. 25, 1920, ch. 85, § 16, 41 Stat. 443; Aug. 8,
1946, ch. 916, § 2, 60 Stat. 951.)
AMENDMENTS
1946—Act Aug. 8, 1946, omitted condition that no
wells should be drilled within two hundred feet of
boundaries of leased lands.
SAVINGS PROVISION
See note set out under section 181 of this title.
OUTER CONTINENTAL SHELF; TERMS AND CONDITIONS OF
LEASES
Terms and conditions of mineral leases on submerged
lands of outer Continental Shelf, see section 1337 of
Title 43, Public Lands.

§ 226. Lease of oil and gas lands
(a) Authority of Secretary
All lands subject to disposition under this
chapter which are known or believed to contain
oil or gas deposits may be leased by the Secretary.
(b) Lands within known geologic structure of a
producing oil or gas field; lands within special tar sand areas; competitive bidding; royalties
(1)(A) All lands to be leased which are not subject to leasing under paragraphs (2) and (3) of
this subsection shall be leased as provided in
this paragraph to the highest responsible qualified bidder by competitive bidding under general
regulations in units of not more than 2,560 acres,
except in Alaska, where units shall be not more
than 5,760 acres. Such units shall be as nearly
compact as possible. Lease sales shall be conducted by oral bidding. Lease sales shall be held
for each State where eligible lands are available
at least quarterly and more frequently if the
Secretary of the Interior determines such sales
are necessary. A lease shall be conditioned upon
the payment of a royalty at a rate of not less
than 12.5 percent in amount or value of the production removed or sold from the lease. The Secretary shall accept the highest bid from a responsible qualified bidder which is equal to or
greater than the national minimum acceptable
bid, without evaluation of the value of the lands
proposed for lease. Leases shall be issued within
60 days following payment by the successful bid-

§ 226

der of the remainder of the bonus bid, if any, and
the annual rental for the first lease year. All
bids for less than the national minimum acceptable bid shall be rejected. Lands for which no
bids are received or for which the highest bid is
less than the national minimum acceptable bid
shall be offered promptly within 30 days for leasing under subsection (c) of this section and shall
remain available for leasing for a period of 2
years after the competitive lease sale.
(B) The national minimum acceptable bid
shall be $2 per acre for a period of 2 years from
December 22, 1987. Thereafter, the Secretary,
subject to paragraph (2)(B), may establish by
regulation a higher national minimum acceptable bid for all leases based upon a finding that
such action is necessary: (i) to enhance financial
returns to the United States; and (ii) to promote
more efficient management of oil and gas resources on Federal lands. Ninety days before the
Secretary makes any change in the national
minimum acceptable bid, the Secretary shall
notify the Committee on Natural Resources of
the United States House of Representatives and
the Committee on Energy and Natural Resources of the United States Senate. The proposal or promulgation of any regulation to establish a national minimum acceptable bid shall
not be considered a major Federal action subject
to the requirements of section 4332(2)(C) of title
42.
(2)(A)(i) If the lands to be leased are within a
special tar sand area, they shall be leased to the
highest responsible qualified bidder by competitive bidding under general regulations in units
of not more than 5,760 acres, which shall be as
nearly compact as possible, upon the payment
by the lessee of such bonus as may be accepted
by the Secretary.
(ii) Royalty shall be 121⁄2 per centum in
amount or value of production removed or sold
from the lease, subject to subsection (k)(1)(c) 1 of
this section.
(iii) The Secretary may lease such additional
lands in special tar sand areas as may be required in support of any operations necessary
for the recovery of tar sands.
(iv) No lease issued under this paragraph shall
be included in any chargeability limitation associated with oil and gas leases.
(B) For any area that contains any combination of tar sand and oil or gas (or both), the Secretary may issue under this chapter, separately—
(i) a lease for exploration for and extraction
of tar sand; and
(ii) a lease for exploration for and development of oil and gas.
(C) A lease issued for tar sand shall be issued
using the same bidding process, annual rental,
and posting period as a lease issued for oil and
gas, except that the minimum acceptable bid required for a lease issued for tar sand shall be $2
per acre.
(D) The Secretary may waive, suspend, or
alter any requirement under section 183 of this
title that a permittee under a permit authorizing prospecting for tar sand must exercise due
1 So

in original. Probably should be subsection ‘‘(k)(1)(C)’’.

§ 226

TITLE 30—MINERAL LANDS AND MINING

diligence, to promote any resource covered by a
combined hydrocarbon lease.
(3)(A) If the United States held a vested future
interest in a mineral estate that, immediately
prior to becoming a vested present interest, was
subject to a lease under which oil or gas was
being produced, or had a well capable of producing, in paying quantities at an annual average
production volume per well per day of either not
more than 15 barrels per day of oil or condensate, or not more than 60,000 cubic feet of gas,
the holder of the lease may elect to continue the
lease as a noncompetitive lease under subsection
(c)(1) of this section.
(B) An election under this paragraph is effective—
(i) in the case of an interest which vested
after January 1, 1990, and on or before October
24, 1992, if the election is made before the date
that is 1 year after October 24, 1992;
(ii) in the case of an interest which vests
within 1 year after October 24, 1992, if the election is made before the date that is 2 years
after October 24, 1992; and
(iii) in any case other than those described
in clause (i) or (ii), if the election is made
prior to the interest becoming a vested
present interest.
(C) Notwithstanding the consent requirement
referenced in section 352 of this title, the Secretary shall issue a noncompetitive lease under
subsection (c)(1) of this section to a holder who
makes an election under subparagraph (A) and
who is qualified to hold a lease under this chapter. Such lease shall be subject to all terms and
conditions under this chapter that are applicable to leases issued under subsection (c)(1) of
this section.
(D) A lease issued pursuant to this paragraph
shall continue so long as oil or gas continues to
be produced in paying quantities.
(E) This paragraph shall apply only to those
lands under the administration of the Secretary
of Agriculture where the United States acquired
an interest in such lands pursuant to the Act of
March 1, 1911 (36 Stat. 961 and following).
(c) Lands subject to leasing under subsection (b);
first qualified applicant
(1) If the lands to be leased are not leased
under subsection (b)(1) of this section or are not
subject to competitive leasing under subsection
(b)(2) of this section, the person first making application for the lease who is qualified to hold a
lease under this chapter shall be entitled to a
lease of such lands without competitive bidding,
upon payment of a non-refundable application
fee of at least $75. A lease under this subsection
shall be conditioned upon the payment of a royalty at a rate of 12.5 percent in amount or value
of the production removed or sold from the
lease. Leases shall be issued within 60 days of
the date on which the Secretary identifies the
first responsible qualified applicant.
(2)(A) Lands (i) which were posted for sale
under subsection (b)(1) of this section but for
which no bids were received or for which the
highest bid was less than the national minimum
acceptable bid and (ii) for which, at the end of
the period referred to in subsection (b)(1) of this
section no lease has been issued and no lease ap-

Page 70

plication is pending under paragraph (1) of this
subsection, shall again be available for leasing
only in accordance with subsection (b)(1) of this
section.
(B) The land in any lease which is issued under
paragraph (1) of this subsection or under subsection (b)(1) of this section which lease terminates, expires, is cancelled or is relinquished
shall again be available for leasing only in accordance with subsection (b)(1) of this section.
(d) Annual rentals
All leases issued under this section, as amended by the Federal Onshore Oil and Gas Leasing
Reform Act of 1987, shall be conditioned upon
payment by the lessee of a rental of not less
than $1.50 per acre per year for the first through
fifth years of the lease and not less than $2 per
acre per year for each year thereafter. A minimum royalty in lieu of rental of not less than
the rental which otherwise would be required for
that lease year shall be payable at the expiration of each lease year beginning on or after a
discovery of oil or gas in paying quantities on
the lands leased.
(e) Primary terms
Competitive and noncompetitive leases issued
under this section shall be for a primary term of
10 years: Provided, however, That competitive
leases issued in special tar sand areas shall also
be for a primary term of ten years. Each such
lease shall continue so long after its primary
term as oil or gas is produced in paying quantities. Any lease issued under this section for
land on which, or for which under an approved
cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of its primary term and
are being diligently prosecuted at that time
shall be extended for two years and so long
thereafter as oil or gas is produced in paying
quantities.
(f) Notice of proposed action; posting of notice;
terms and maps
At least 45 days before offering lands for lease
under this section, and at least 30 days before
approving applications for permits to drill under
the provisions of a lease or substantially modifying the terms of any lease issued under this
section, the Secretary shall provide notice of
the proposed action. Such notice shall be posted
in the appropriate local office of the leasing and
land management agencies. Such notice shall include the terms or modified lease terms and
maps or a narrative description of the affected
lands. Where the inclusion of maps in such notice is not practicable, maps of the affected
lands shall be made available to the public for
review. Such maps shall show the location of all
tracts to be leased, and of all leases already issued in the general area. The requirements of
this subsection are in addition to any public notice required by other law.
(g) Regulation of surface-disturbing activities;
approval of plan of operations; bond or surety; failure to comply with reclamation requirements as barring lease; opportunity to
comply with requirements
The Secretary of the Interior, or for National
Forest lands, the Secretary of Agriculture, shall

Page 71

TITLE 30—MINERAL LANDS AND MINING

regulate all surface-disturbing activities conducted pursuant to any lease issued under this
chapter, and shall determine reclamation and
other actions as required in the interest of conservation of surface resources. No permit to drill
on an oil and gas lease issued under this chapter
may be granted without the analysis and approval by the Secretary concerned of a plan of
operations covering proposed surface-disturbing
activities within the lease area. The Secretary
concerned shall, by rule or regulation, establish
such standards as may be necessary to ensure
that an adequate bond, surety, or other financial
arrangement will be established prior to the
commencement of surface-disturbing activities
on any lease, to ensure the complete and timely
reclamation of the lease tract, and the restoration of any lands or surface waters adversely affected by lease operations after the abandonment or cessation of oil and gas operations on
the lease. The Secretary shall not issue a lease
or leases or approve the assignment of any lease
or leases under the terms of this section to any
person, association, corporation, or any subsidiary, affiliate, or person controlled by or under
common control with such person, association,
or corporation, during any period in which, as
determined by the Secretary of the Interior or
Secretary of Agriculture, such entity has failed
or refused to comply in any material respect
with the reclamation requirements and other
standards established under this section for any
prior lease to which such requirements and
standards applied. Prior to making such determination with respect to any such entity the
concerned Secretary shall provide such entity
with adequate notification and an opportunity
to comply with such reclamation requirements
and other standards and shall consider whether
any administrative or judicial appeal is pending.
Once the entity has complied with the reclamation requirement or other standard concerned
an oil or gas lease may be issued to such entity
under this chapter.
(h) National Forest System Lands
The Secretary of the Interior may not issue
any lease on National Forest System Lands reserved from the public domain over the objection of the Secretary of Agriculture.
(i) Termination
No lease issued under this section which is
subject to termination because of cessation of
production shall be terminated for this cause so
long as reworking or drilling operations which
were commenced on the land prior to or within
sixty days after cessation of production are conducted thereon with reasonable diligence, or so
long as oil or gas is produced in paying quantities as a result of such operations. No lease issued under this section shall expire because operations or production is suspended under any
order, or with the consent, of the Secretary. No
lease issued under this section covering lands on
which there is a well capable of producing oil or
gas in paying quantities shall expire because the
lessee fails to produce the same unless the lessee
is allowed a reasonable time, which shall be not
less than sixty days after notice by registered or
certified mail, within which to place such well
in producing status or unless, after such status

§ 226

is established, production is discontinued on the
leased premises without permission granted by
the Secretary under the provisions of this chapter.
(j) Drainage agreements; primary term of lease,
extension
Whenever it appears to the Secretary that
lands owned by the United States are being
drained of oil or gas by wells drilled on adjacent
lands, he may negotiate agreements whereby
the United States, or the United States and its
lessees, shall be compensated for such drainage.
Such agreements shall be made with the consent
of the lessees, if any, affected thereby. If such
agreement is entered into, the primary term of
any lease for which compensatory royalty is
being paid, or any extension of such primary
term, shall be extended for the period during
which such compensatory royalty is paid and for
a period of one year from discontinuance of such
payment and so long thereafter as oil or gas is
produced in paying quantities.
(k) Mining claims; suspension of running time of
lease
If, during the primary term or any extended
term of any lease issued under this section, a
verified statement is filed by any mining claimant pursuant to subsection (c) of section 527 of
this title, whether such filing occur prior to
September 2, 1960 or thereafter, asserting the existence of a conflicting unpatented mining claim
or claims upon which diligent work is being
prosecuted as to any lands covered by the lease,
the running of time under such lease shall be
suspended as to the lands involved from the first
day of the month following the filing of such
verified statement until a final decision is rendered in the matter.
(l) Exchange of leases; conditions
The Secretary of the Interior shall, upon timely application therefor, issue a new lease in exchange for any lease issued for a term of twenty
years, or any renewal thereof, or any lease issued prior to August 8, 1946, in exchange for a
twenty-year lease, such new lease to be for a primary term of five years and so long thereafter
as oil or gas is produced in paying quantities
and at a royalty rate of not less than 121⁄2 per
centum in amount or value of the production removed or sold from such leases, except that the
royalty rate shall be 121⁄2 per centum in amount
or value of the production removed or sold from
said leases as to (1) such leases, or such parts of
the lands subject thereto and the deposits underlying the same, as are not believed to be
within the productive limits of any producing
oil or gas deposit, as such productive limits are
found by the Secretary to have existed on August 8, 1946; and (2) any production on a lease
from an oil or gas deposit which was discovered
after May 27, 1941, by a well or wells drilled
within the boundaries of the lease, and which is
determined by the Secretary to be a new deposit; and (3) any production on or allocated to
a lease pursuant to an approved cooperative or
unit plan of development or operation from an
oil or gas deposit which was discovered after
May 27, 1941, on land committed to such plan,
and which is determined by the Secretary to be

§ 226

TITLE 30—MINERAL LANDS AND MINING

a new deposit, where such lease, or a lease for
which it is exchanged, was included in such plan
at the time of discovery or was included in a
duly executed and filed application for the approval of such plan at the time of discovery.
(m) Cooperative or unit plan; authority of Secretary of the Interior to alter or modify;
communitization or drilling agreements;
term of lease, conditions; Secretary to approve operating, drilling or development
contracts, and subsurface storage
For the purpose of more properly conserving
the natural resources of any oil or gas pool,
field, or like area, or any part thereof (whether
or not any part of said oil or gas pool, field, or
like area, is then subject to any cooperative or
unit plan of development or operation), lessees
thereof and their representatives may unite
with each other, or jointly or separately with
others, in collectively adopting and operating
under a cooperative or unit plan of development
or operation of such pool, field, or like area, or
any part thereof, whenever determined and certified by the Secretary of the Interior to be necessary or advisable in the public interest. The
Secretary is thereunto authorized, in his discretion, with the consent of the holders of leases
involved, to establish, alter, change, or revoke
drilling, producing, rental, minimum royalty,
and royalty requirements of such leases and to
make such regulations with reference to such
leases, with like consent on the part of the lessees, in connection with the institution and operation of any such cooperative or unit plan as
he may deem necessary or proper to secure the
proper protection of the public interest. The
Secretary may provide that oil and gas leases
hereafter issued under this chapter shall contain
a provision requiring the lessee to operate under
such a reasonable cooperative or unit plan, and
he may prescribe such a plan under which such
lessee shall operate, which shall adequately protect the rights of all parties in interest, including the United States.
Any plan authorized by the preceding paragraph which includes lands owned by the United
States may, in the discretion of the Secretary,
contain a provision whereby authority is vested
in the Secretary of the Interior, or any such person, committee, or State or Federal officer or
agency as may be designated in the plan, to
alter or modify from time to time the rate of
prospecting and development and the quantity
and rate of production under such plan. All
leases operated under any such plan approved or
prescribed by the Secretary shall be excepted in
determining holdings or control under the provisions of any section of this chapter.
When separate tracts cannot be independently
developed and operated in conformity with an
established well-spacing or development program, any lease, or a portion thereof, may be
pooled with other lands, whether or not owned
by the United States, under a communitization
or drilling agreement providing for an apportionment of production or royalties among the
separate tracts of land comprising the drilling
or spacing unit when determined by the Secretary of the Interior to be in the public interest, and operations or production pursuant to

Page 72

such an agreement shall be deemed to be operations or production as to each such lease committed thereto.
Any lease issued for a term of twenty years, or
any renewal thereof, or any portion of such lease
that has become the subject of a cooperative or
unit plan of development or operation of a pool,
field, or like area, which plan has the approval
of the Secretary of the Interior, shall continue
in force until the termination of such plan. Any
other lease issued under any section of this
chapter which has heretofore or may hereafter
be committed to any such plan that contains a
general provision for allocation of oil or gas
shall continue in force and effect as to the land
committed so long as the lease remains subject
to the plan: Provided, That production is had in
paying quantities under the plan prior to the expiration date of the term of such lease. Any
lease heretofore or hereafter committed to any
such plan embracing lands that are in part within and in part outside of the area covered by any
such plan shall be segregated into separate
leases as to the lands committed and the lands
not committed as of the effective date of unitization: Provided, however, That any such lease
as to the nonunitized portion shall continue in
force and effect for the term thereof but for not
less than two years from the date of such segregation and so long thereafter as oil or gas is
produced in paying quantities. The minimum
royalty or discovery rental under any lease that
has become subject to any cooperative or unit
plan of development or operation, or other plan
that contains a general provision for allocation
of oil or gas, shall be payable only with respect
to the lands subject to such lease to which oil or
gas shall be allocated under such plan. Any lease
which shall be eliminated from any such approved or prescribed plan, or from any
communitization or drilling agreement authorized by this section, and any lease which shall be
in effect at the termination of any such approved or prescribed plan, or at the termination
of any such communitization or drilling agreement, unless relinquished, shall continue in effect for the original term thereof, but for not
less than two years, and so long thereafter as oil
or gas is produced in paying quantities.
The Secretary of the Interior is hereby authorized, on such conditions as he may prescribe, to approve operating, drilling, or development contracts made by one or more lessees
of oil or gas leases, with one or more persons,
associations, or corporations whenever, in his
discretion, the conservation of natural products
or the public convenience or necessity may require it or the interests of the United States
may be best subserved thereby. All leases operated under such approved operating, drilling, or
development contracts, and interests thereunder, shall be excepted in determining holdings
or control under the provisions of this chapter.
The Secretary of the Interior, to avoid waste
or to promote conservation of natural resources,
may authorize the subsurface storage of oil or
gas, whether or not produced from federally
owned lands, in lands leased or subject to lease
under this chapter. Such authorization may provide for the payment of a storage fee or rental
on such stored oil or gas or, in lieu of such fee

Page 73

TITLE 30—MINERAL LANDS AND MINING

or rental, for a royalty other than that prescribed in the lease when such stored oil or gas
is produced in conjunction with oil or gas not
previously produced. Any lease on which storage
is so authorized shall be extended at least for
the period of storage and so long thereafter as
oil or gas not previously produced is produced in
paying quantities.
(n) Conversion of oil and gas leases and claims
on hydrocarbon resources to combined hydrocarbon leases for primary term of 10
years; application
(1)(A) The owner of (1) an oil and gas lease issued prior to November 16, 1981, or (2) a valid
claim to any hydrocarbon resources leasable
under this section based on a mineral location
made prior to January 21, 1926, and located within a special tar sand area shall be entitled to
convert such lease or claim to a combined hydrocarbon lease for a primary term of ten years
upon the filing of an application within two
years from November 16, 1981, containing an acceptable plan of operations which assures reasonable protection of the environment and diligent development of those resources requiring
enhanced recovery methods of development or
mining. For purposes of conversion, no claim
shall be deemed invalid solely because it was located as a placer location rather than a lode location or vice versa, notwithstanding any previous adjudication on that issue.
(B) The Secretary shall issue final regulations
to implement this section within six months of
November 16, 1981. If any oil and gas lease eligible for conversion under this section would
otherwise expire after November 16, 1981, and before six months following the issuance of implementing regulations, the lessee may preserve his
conversion right under such lease for a period
ending six months after the issuance of implementing regulations by filing with the Secretary, before the expiration of the lease, a notice of intent to file an application for conversion. Upon submission of a complete plan of operations in substantial compliance with the regulations promulgated by the Secretary for the
filing of such plans, the Secretary shall suspend
the running of the term of any oil and gas lease
proposed for conversion until the plan is finally
approved or disapproved. The Secretary shall
act upon a proposed plan of operations within
fifteen months of its submittal.
(C) When an existing oil and gas lease is converted to a combined hydrocarbon lease, the
royalty shall be that provided for in the original
oil and gas lease and for a converted mining
claim, 121⁄2 per centum in amount or value of
production removed or sold from the lease.
(2) Except as provided in this section, nothing
in the Combined Hydrocarbon Leasing Act of
1981 shall be construed to diminish or increase
the rights of any lessee under any oil and gas
lease issued prior to November 16, 1981.
(o) Certain outstanding oil and gas deposits
(1) Prior to the commencement of surface-disturbing activities relating to the development of
oil and gas deposits on lands described under
paragraph (5), the Secretary of Agriculture shall
require, pursuant to regulations promulgated by
the Secretary, that such activities be subject to

§ 226

terms and conditions as provided under paragraph (2).
(2) The terms and conditions referred to in
paragraph (1) shall require that reasonable advance notice be furnished to the Secretary of
Agriculture at least 60 days prior to the commencement of surface disturbing activities.
(3) Advance notice under paragraph (2) shall
include each of the following items of information:
(A) A designated field representative.
(B) A map showing the location and dimensions of all improvements, including but not
limited to, well sites and road and pipeline accesses.
(C) A plan of operations, of an interim character if necessary, setting forth a schedule for
construction and drilling.
(D) A plan of erosion and sedimentation control.
(E) Proof of ownership of mineral title.
Nothing in this subsection shall be construed to
affect any authority of the State in which the
lands concerned are located to impose any requirements with respect to such oil and gas operations.
(4) The person proposing to develop oil and gas
deposits on lands described under paragraph (5)
shall either—
(A) permit the Secretary to market merchantable timber owned by the United States
on lands subject to such activities; or
(B) arrange to purchase merchantable timber on lands subject to such surface disturbing
activities from the Secretary of Agriculture,
or otherwise arrange for the disposition of
such merchantable timber, upon such terms
and upon such advance notice of the items referred to in subparagraphs (A) through (E) of
paragraph (3) as the Secretary may accept.
(5)(A) The lands referred to in this subsection
are those lands referenced in subparagraph (B)
which are under the administration of the Secretary of Agriculture where the United States
acquired an interest in such lands pursuant to
the Act of March 1, 1911 (36 Stat. 961 and following), but does not have an interest in oil and gas
deposits that may be present under such lands.
This subsection does not apply to any such lands
where, under the provisions of its acquisition of
an interest in the lands, the United States is to
acquire any oil and gas deposits that may be
present under such lands in the future but such
interest has not yet vested with the United
States.
(B) This subsection shall only apply in the Allegheny National Forest.
(p) Deadlines for consideration of applications
for permits
(1) In general
Not later than 10 days after the date on
which the Secretary receives an application
for any permit to drill, the Secretary shall—
(A) notify the applicant that the application is complete; or
(B) notify the applicant that information
is missing and specify any information that
is required to be submitted for the application to be complete.

§ 226

TITLE 30—MINERAL LANDS AND MINING

(2) Issuance or deferral
Not later than 30 days after the applicant for
a permit has submitted a complete application, the Secretary shall—
(A) issue the permit, if the requirements
under the National Environmental Policy
Act of 1969 [42 U.S.C. 4321 et seq.] and other
applicable law have been completed within
such timeframe; or
(B) defer the decision on the permit and
provide to the applicant a notice—
(i) that specifies any steps that the applicant could take for the permit to be issued; and
(ii) a list of actions that need to be taken
by the agency to complete compliance
with applicable law together with timelines and deadlines for completing such actions.
(3) Requirements for deferred applications
(A) In general
If the Secretary provides notice under
paragraph (2)(B), the applicant shall have a
period of 2 years from the date of receipt of
the notice in which to complete all requirements specified by the Secretary, including
providing information needed for compliance
with the National Environmental Policy Act
of 1969.
(B) Issuance of decision on permit
If the applicant completes the requirements within the period specified in subparagraph (A), the Secretary shall issue a
decision on the permit not later than 10 days
after the date of completion of the requirements described in subparagraph (A), unless
compliance with the National Environmental Policy Act of 1969 and other applicable law has not been completed within such
timeframe.
(C) Denial of permit
If the applicant does not complete the requirements within the period specified in
subparagraph (A) or if the applicant does not
comply with applicable law, the Secretary
shall deny the permit.
(Feb. 25, 1920, ch. 85, § 17, 41 Stat. 443; July 3,
1930, ch. 854, § 1, 46 Stat. 1007; Mar. 4, 1931, ch. 506,
46 Stat. 1523; Aug. 21, 1935, ch. 599, § 1, 49 Stat.
676; Aug. 8, 1946, ch. 916, § 3, 60 Stat. 951; July 29,
1954, ch. 644, § 1(1)–(3), 68 Stat. 583; Pub. L. 86–507,
§ 1(21), June 11, 1960, 74 Stat. 201; Pub. L. 86–705,
§ 2, Sept. 2, 1960, 74 Stat. 781; Pub. L. 97–78, § 1(6),
(8), Nov. 16, 1981, 95 Stat. 1070, 1071; Pub. L.
100–203, title V, § 5102(a)–(d)(1), Dec. 22, 1987, 101
Stat. 1330–256, 1330–257; Pub. L. 102–486, title
XXV, §§ 2507(a), 2508(a), 2509, Oct. 24, 1992, 106
Stat. 3107–3109; Pub. L. 103–437, § 11(a)(1), Nov. 2,
1994, 108 Stat. 4589; Pub. L. 104–66, title I,
§ 1081(a), Dec. 21, 1995, 109 Stat. 721; Pub. L.
109–58, title III, §§ 350(a), (b), 366, 369(j)(1), Aug. 8,
2005, 119 Stat. 711, 726, 730.)
REFERENCES IN TEXT
Act of March 1, 1911, referred to in subsecs. (b)(3)(E)
and (o)(5)(A), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as
amended, known as the Weeks Law, which is classified
to sections 480, 500, 513 to 519, 521, 552, and 563 of Title

Page 74

16, Conservation. For complete classification of this
Act to the Code, see Short Title note set out under section 552 of Title 16 and Tables.
The Federal Onshore Oil and Gas Leasing Reform Act
of 1987, referred to in subsec. (d), is subtitle B (§§ 5101 to
5113) of title V of Pub. L. 100–203, Dec. 22, 1987, 101 Stat.
1330–256. For complete classification of this Act to the
Code, see Short Title of 1987 Amendment note set out
under section 181 of this title and Tables.
The Combined Hydrocarbon Leasing Act of 1981, referred to in subsec. (n)(2), is Pub. L. 97–78, Nov. 16, 1981,
95 Stat. 1070, which amended sections 181, 182, 184, 209,
226, 241, 351, and 352 of this title and enacted a provision
set out as a note under section 181 of this title. For
complete classification of this Act to the Code, see
Short Title of 1981 Amendment note set out under section 181 of this title and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (p)(2)(A), (3)(A), (B), is Pub. L.
91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
classified generally to chapter 55 (§ 4321 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 4321 of Title 42 and Tables.
AMENDMENTS
2005—Subsec. (b)(1)(B). Pub. L. 109–58, § 350(b), inserted
‘‘, subject to paragraph (2)(B),’’ after ‘‘Thereafter, the
Secretary’’.
Subsec. (b)(2). Pub. L. 109–58, § 350(a), designated existing provisions as subpar. (A) and added subpars. (B)
to (D).
Subsec. (b)(2)(A). Pub. L. 109–58, § 369(j)(1), designated
first sentence as cl. (i), substituted ‘‘5,760’’ for ‘‘five
thousand one hundred and twenty’’, designated second
and third sentences as cls. (ii) and (iii), respectively,
and added cl. (iv).
Subsec. (p). Pub. L. 109–58, § 366, added subsec. (p).
1995—Subsec. (j). Pub. L. 104–66 struck out at end
‘‘The Secretary shall report to Congress at the beginning of each regular session all such agreements entered into during the previous year which involve unleased Government lands.’’
1994—Subsec. (b)(1)(B). Pub. L. 103–437 substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
before ‘‘of the United States House’’.
1992—Subsec. (b)(1)(A). Pub. L. 102–486, § 2507(a)(1),
substituted ‘‘under paragraphs (2) and (3)’’ for ‘‘under
paragraph (2)’’.
Subsec. (b)(3). Pub. L. 102–486, § 2507(a)(2), added par.
(3).
Subsec. (e). Pub. L. 102–486, § 2509, substituted ‘‘Competitive and noncompetitive leases issued under this
section shall be for a primary term of 10 years: Provided, however,’’ for ‘‘Competitive leases issued under
this section shall be for a primary term of five years
and noncompetitive leases for a primary term of ten
years: Provided, however,’’.
Subsec. (o). Pub. L. 102–486, § 2508(a), added subsec. (o).
1987—Subsec. (b)(1). Pub. L. 100–203, § 5102(a), amended
par. (1) generally. Prior to amendment, par. (1) read as
follows: ‘‘If the lands to be leased are within any known
geological structure of a producing oil or gas field, they
shall be leased to the highest responsible qualified bidder by competitive bidding under general regulations in
units of not more than six hundred and forty acres,
which shall be as nearly compact in form as possible,
upon the payment by the lessee of such bonus as may
be accepted by the Secretary and of such royalty as
may be fixed in the lease, which shall be not less than
121⁄2 per centum in amount or value of the production
removed or sold from the lease.’’
Subsec. (c). Pub. L. 100–203, § 5102(b), amended subsec.
(c) generally. Prior to amendment, subsec. (c) read as
follows: ‘‘If the lands to be leased are not subject to
leasing under subsection (b) of this section, the person
first making application for the lease who is qualified
to hold a lease under this chapter shall be entitled to
a lease of such lands without competitive bidding. Such
leases shall be conditioned upon the payment by the

Page 75

TITLE 30—MINERAL LANDS AND MINING

lessee of a royalty of 121⁄2 per centum in amount or
value of the production removed or sold from the
lease.’’
Subsec. (d). Pub. L. 100–203, § 5102(c), amended subsec.
(d) generally. Prior to amendment, subsec. (d) read as
follows: ‘‘All leases issued under this section shall be
conditioned upon payment by the lessee of a rental of
not less than 50 cents per acre for each year of the
lease. Each year’s lease rental shall be paid in advance.
A minimum royalty of $1 per acre in lieu of rental shall
be payable at the expiration of each lease year beginning on or after a discovery of oil or gas in paying
quantities on the lands leased.’’
Subsecs. (f) to (n). Pub. L. 100–203, § 5102(d)(1), added
subsecs. (f) to (h) and redesignated former subsecs. (f)
to (k) as (i) to (n), respectively.
1981—Subsec. (b). Pub. L. 97–78, § 1(6)(a), designated
existing provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 97–78, § 1(6)(b), substituted ‘‘subject to leasing under subsection (b) of this section’’ for
‘‘within any known geological structure of a producing
oil or gas field’’.
Subsec. (e). Pub. L. 97–78, § 1(6)(c), inserted proviso
that competitive leases in special tar sand areas be for
a primary term of ten years.
Subsec. (k). Pub. L. 97–78, § 1(8), added subsec. (k).
1960—Pub. L. 86–705 generally amended this section
and sections 226d and 226e of this title, combining all
three sections and subdividing provisions into subsections (a) to (j) of this section. Among other changes
were: substitution of a fixed 10-year term for a renewable 5-year term for noncompetitive leases, the addition of subsec. (h) provisions with respect to the running of time against a lease during a contest of the
claim, an increase in the minimum yearly rentals from
25 to 50 cents an acre, and striking out provisions that
permitted a waiver of second-year and third-year rentals in certain situations.
Pub. L. 86–507 authorized notice of withdrawal to be
given by certified mail.
1954—Act July 29, 1954, in second par., provided, that
no lease shall terminate for nonproduction (1) if reworking or drilling operations are begun within 60 days
after cessation of production, (2) if cessation of production is by order or with consent of the Secretary of the
Interior, or (3) unless the lessee is given a reasonable
time of at least 60 days to place a well, capable of producing paying quantities of oil or gas, on a producing
status.
Act July 29, 1954, in third par., made sure that if a
lessee seasonably applies for an extension of the initial
five-year term of the lease he will be given such extension for either 5 years or 2 years, depending on whether
or not the land is in a producing structure.
Act July 29, 1954, in fifth par., provided that the primary term of a lease which is effected by an agreement
under which the United States received compensatory
royalty remains in full force and effect for 1 year following discontinuance of compensatory royalty payments.
1946—Act Aug. 8, 1946, principally substituted, with
respect to the leasing of lands not within a known geological structure of a producing oil or gas field, a royalty rate of 121⁄2 per cent without further provision as
to lease terms or quality of production; substituted a
minimum royalty of $1 per acre per annum after discovery for the advance rental of not less than 25 cents per
acre per annum required prior to discovery; provided
that all leases shall be for a primary term of 5 years
which shall continue thereafter for so long as oil or gas
is produced in paying quantities, and that leases, with
certain exceptions, shall be subject to one renewal for
5 years, and, if not subject to renewal, shall extend for
an additional 2 years if diligent operations are in
progress at the lease expiration date.
1935—Act Aug. 21, 1935, amended section generally.
1931—Act Mar. 4, 1931, amended section generally.
1930—Act July 3, 1930, amended section generally.
EFFECTIVE DATE OF 1992 AMENDMENT
Section 2507(b) of Pub. L. 102–486 provided that: ‘‘The
amendments made by subsection (a) [amending this

§ 226

section] apply with respect to those mineral estates in
which the interest of the United States becomes a vested present interest after January 1, 1990.’’
REGULATIONS
Pub. L. 109–58, title III, § 350(c), Aug. 8, 2005, 119 Stat.
711, provided that: ‘‘Not later than 45 days after the
date of enactment of this Act [Aug. 8, 2005], the Secretary [of the Interior] shall issue final regulations to
implement this section [amending this section].’’
Section 2508(b) of Pub. L. 102–486 provided that:
‘‘Within 90 days after the enactment of this Act [Oct.
24, 1992] the Secretary of Agriculture shall promulgate
regulations to implement the amendment made by subsection (a) [amending this section].’’
Section 5107 of Pub. L. 100–203 provided that:
‘‘(a) REGULATIONS.—The Secretary shall issue final
regulations to implement this subtitle [subtitle B
(§§ 5101–5113) of title V of Pub. L. 100–203, see Short Title
of 1987 Amendment note set out under section 181 of
this title] within 180 days after the enactment of this
subtitle [Dec. 22, 1987]. The regulations shall be effective when published in the Federal Register.
‘‘(b) TREATMENT UNDER OTHER LAW.—The proposal or
promulgation of such regulations shall not be considered a major Federal action subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 [42 U.S.C. 4332(2)(C)].
‘‘(c) TEST SALE.—The Secretary may hold one or
more lease sales conducted in accordance with the
amendments made by this subtitle before promulgation
of regulations referred to in subsection (a). Sale procedures for such sale shall be established in the notice of
sale.’’
SAVINGS PROVISION
Section 8 of Pub. L. 86–705 provided that: ‘‘No amendment made by this Act [see Short Title of 1960 Amendment note set out under section 181 of this title] shall
affect any valid right in existence on the effective date
[Sept. 2, 1960] of the Mineral Leasing Act Revision of
1960.’’
See note set out under section 181 of this title.
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior, referred to in
subsec. (j), to promulgate regulations under this chapter relating to establishment of diligence requirements
for operations conducted on Federal leases, setting of
rates for production of Federal leases, and specifying of
procedures, terms, and conditions for acquisition and
disposition of Federal royalty interests taken in kind,
transferred to Secretary of Energy by section 7152(b) of
Title 42, The Public Health and Welfare. Section 7152(b)
of Title 42 was repealed by Pub. L. 97–100, title II, § 201,
Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of
Energy returned to Secretary of the Interior. See
House Report No. 97–315, pp. 25, 26, Nov. 5, 1981.
PENDING APPLICATIONS, OFFERS, AND BIDS
Section 5106 of Pub. L. 100–203 provided that:
‘‘(a) Notwithstanding any other provision of this subtitle [subtitle B (§§ 5101–5113) of title V of Pub. L.
100–203, see Short Title of 1987 Amendment note set out
under section 181 of this title] and except as provided in
subsection (b) of this section, all noncompetitive oil
and gas lease applications and offers and competitive
oil and gas bids pending on the date of enactment of
this subtitle [Dec. 22, 1987] shall be processed, and
leases shall be issued under the provisions of the Act of
February 25, 1920 [this chapter], as in effect before its
amendment by this subtitle, except where the issuance
of any such lease would not be lawful under such provisions or other applicable law.
‘‘(b) No noncompetitive lease applications or offers
pending on the date of enactment of this subtitle for
lands within the Shawnee National Forest, Illinois; the
Ouachita National Forest, Arkansas; Fort Chaffee, Arkansas; or Eglin Air Force Base, Florida; shall be proc-

§ 226–1

TITLE 30—MINERAL LANDS AND MINING

essed until these lands are posted for competitive bidding in accordance with section 5102 of this subtitle
[amending this section and section 188 of this title]. If
any such tract does not receive a bid equal to or greater than the national minimum acceptable bid from a
responsible qualified bidder then the noncompetitive
applications or offers pending for such a tract shall be
reinstated and noncompetitive leases issued under the
Act of February 25, 1920, as in effect before its amendment by this subtitle, except where the issuance of any
such lease would not be lawful under such provisions or
other applicable law. If competitive leases are issued
for any such tract, then the pending noncompetitive
application or offer shall be rejected.
‘‘(c) Except as provided in subsections (a) and (b) of
this section, all oil and gas leasing pursuant to the Act
of February 25, 1920, after the date of enactment of this
subtitle shall be conducted in accordance with the provisions of this subtitle.’’
REPORT TO CONGRESS
Section 5110 of Pub. L. 100–203 provided that: ‘‘The
Secretary shall submit annually for 5 years after enactment of this subtitle [Dec. 22, 1987] to the Congress a
report containing appropriate information to facilitate
congressional monitoring of this subtitle [subtitle B
(§§ 5101–5113) of title V of Pub. L. 100–203, see Short Title
of 1987 Amendment note set out under section 181 of
this title]. Such report shall include, but not be limited
to—
‘‘(1) the number of acres leased, and the number of
leases issued, competitively and noncompetitively;
‘‘(2) the amount of revenue received from bonus
bids, filing fees, rentals, and royalties;
‘‘(3) the amount of production from competitive and
noncompetitive leases; and
‘‘(4) such other data and information as will facilitate—
‘‘(A) an assessment of the onshore oil and gas
leasing system, and
‘‘(B) a comparison of the system as revised by
this subtitle with the system in operation prior to
the enactment of this subtitle.’’
LAND USE STUDY
Section 5111 of Pub. L. 100–203 provided that: ‘‘The
National Academy of Sciences and the Comptroller
General of the United States shall conduct a study of
the manner in which oil and gas resources are considered in the land use plans developed by the Secretary
of the Interior in accordance with provisions of the
Federal Land Policy and Management Act of 1976 (90
Stat. 2743) [Pub. L. 94–579, see Short Title note under 43
U.S.C. 1701] and the Secretary of Agriculture in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974 (88 Stat. 476) [Pub. L.
93–378, 16 U.S.C. 1600 et seq.], as amended by the National Forest Management Act of 1976 (90 Stat. 2949)
[Pub. L. 94–588, see Short Title of 1976 Amendment note
under 16 U.S.C. 1600], and recommend any improvements that may be necessary to ensure that—
‘‘(1) potential oil and gas resources are adequately
addressed in planning documents;
‘‘(2) the social, economic, and environmental consequences of exploration and development of oil and gas
resources are determined; and
‘‘(3) any stipulations to be applied to oil and gas
leases are clearly identified.’’
REINSTATEMENT AND EXTENSION OF CERTAIN TEN-YEAR
OIL AND GAS LEASES
Act July 14, 1952, ch. 742, 66 Stat. 630, provided: ‘‘That
any lease issued for a ten-year term in exchange for an
oil and gas prospecting permit pursuant to sections 13
and 17 of the Act entitled ‘An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on
the public domain’, approved February 25, 1920, as
amended by the Act of August 21, 1935 (49 Stat. 674)
[sections 221 and 226, respectively, of this title], and

Page 76

prior to amendment by the Act of August 8, 1946 [act
Aug. 8, 1946, ch. 916, § 3, 60 Stat. 951], and upon which
drilling operations were being diligently prosecuted on
the expiration date of such lease, prior to the effective
date of this Act [July 14, 1952], is hereby reinstated effective from the expiration date of the lease and shall
continue in effect for a period of two years after the effective date of this Act and so long thereafter as oil or
gas is produced in paying quantities, if, within ninety
days after the enactment of this Act, payment is made,
under the terms of such lease as reinstated and extended, of any sums due the United States for prior
years. This Act shall not be applicable to any lands
which, subsequent to such expiration and prior to the
enactment of this Act, have been withdrawn from leasing, leased, or otherwise disposed of.’’
OUTER CONTINENTAL SHELF; LEASES
Grant by Secretary of the Interior of oil, gas, and
other mineral leases on submerged lands of outer Continental Shelf, see section 1331 et seq. of Title 43, Public
Lands.

§ 226–1. Extension of noncompetitive oil or gas
lease issued before September 2, 1960
(a) Lands not withdrawn from leasing
Upon the expiration of the initial five-year
term of any noncompetitive oil or gas lease
which was issued prior to September 2, 1960, and
which has been maintained in accordance with
applicable statutory requirements and regulations, the record titleholder thereof shall be entitled to a single extension of the lease, unless
then otherwise provided by law, for such lands
covered by it as are not, on the expiration date
of the lease, withdrawn from leasing. A withdrawal, however, shall not affect the right to an
extension if actual drilling operations on such
lands were commenced prior to the effective
date of the withdrawal and were being diligently
prosecuted on the expiration date of the lease.
No withdrawal shall be effective within the
meaning of this section until ninety days after
notice thereof has been sent by registered or
certified mail to each lessee to be affected by
such withdrawal.
(b) Known and unknown geologic structures of
producing fields
As to lands not within the known geologic
structure of a producing oil or gas field, a noncompetitive oil or gas lease to which this section is applicable shall be extended for a period
of five years and so long thereafter as oil or gas
is produced in paying quantities. As to lands
within the known geologic structure of a producing oil or gas field, a noncompetitive lease to
which this section is applicable shall be extended for a period of two years and so long
thereafter as oil or gas is produced in paying
quantities.
(c) Application requirement
Any noncompetitive oil or gas lease extended
under this section shall be subject to the rules
and regulations in force at the expiration of the
initial five-year term of the lease. No extension
shall be granted, however, unless within a period
of ninety days prior to the expiration date of the
lease an application therefor is filed by the
record titleholder or an assignee whose assignment has been filed for approval or an operator
whose operating agreement has been filed for approval.

Page 77

TITLE 30—MINERAL LANDS AND MINING

(d) Commencement of actual drilling operations
Any lease issued prior to September 2, 1960,
which has been maintained in accordance with
applicable statutory requirements and regulations and which pertains to land on which, or for
which under an approved cooperative or unit
plan of development or operation, actual drilling
operations were commenced prior to the end of
its primary term and are being diligently prosecuted at that time shall be extended for two
years and so long thereafter as oil or gas is produced in paying quantities.
(Pub. L. 86–705, § 4, Sept. 2, 1960, 74 Stat. 789.)
CODIFICATION
Section was enacted as part of Mineral Leasing Act
Revision of 1960, and not as part of act Feb. 25, 1920, ch.
85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

§ 226–2. Limitations for filing oil and gas contests
No action contesting a decision of the Secretary involving any oil and gas lease shall be
maintained unless such action is commenced or
taken within ninety days after the final decision
of the Secretary relating to such matter. No
such action contesting such a decision of the
Secretary rendered prior to September 2, 1960
shall be maintained unless the same be commenced or taken within ninety days after September 2, 1960.
(Feb. 25, 1920, ch. 85, § 42, as added Pub. L. 86–705,
§ 5, Sept. 2, 1960, 74 Stat. 790.)
§ 226–3. Lands not subject to oil and gas leasing
(a) Prohibition
The Secretary shall not issue any lease under
this chapter or under the Geothermal Steam Act
of 1970 [30 U.S.C. 1001 et seq.] on any of the following Federal lands:
(1) Lands recommended for wilderness allocation by the surface managing agency.
(2) Lands within Bureau of Land Management wilderness study areas.
(3) Lands designated by Congress as wilderness study areas, except where oil and gas
leasing is specifically allowed to continue by
the statute designating the study area.
(4) Lands within areas allocated for wilderness or further planning in Executive Communication 1504, Ninety-Sixth Congress (House
Document numbered 96–119), unless such lands
are allocated to uses other than wilderness by
a land and resource management plan or have
been released to uses other than wilderness by
an act of Congress.
(b) Exploration
In the case of any area of National Forest or
public lands subject to this section, nothing in
this section shall affect any authority of the
Secretary of the Interior (or for National Forest
Lands reserved from the public domain, the Secretary of Agriculture) to issue permits for exploration for oil and gas, coal, oil shale, phosphate,
potassium, sulphur, gilsonite or geothermal resources by means not requiring construction of
roads or improvement of existing roads if such
activity is conducted in a manner compatible
with the preservation of the wilderness environment.

§ 226c

(Feb. 25, 1920, ch. 85, § 43, as added Pub. L.
100–203, title V, § 5112, Dec. 22, 1987, 101 Stat.
1330–262; amended Pub. L. 100–443, § 5(c), Sept. 22,
1988, 102 Stat. 1768.)
REFERENCES IN TEXT
The Geothermal Steam Act of 1970, referred to in subsec. (a), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566,
which is classified principally to chapter 23 (§ 1001 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–443, § 5(c)(1), inserted ‘‘or
under the Geothermal Steam Act of 1970’’ after ‘‘under
this chapter’’ and directed that ‘‘oil and gas’’ be stricken which was executed by striking those words where
they appeared after ‘‘not issue any’’ in introductory
provisions, but not where they appeared in par. (3) as
the probable intent of Congress.
Subsec. (b). Pub. L. 100–443, § 5(c)(2), inserted ‘‘, coal,
oil shale, phosphate, potassium, sulphur, gilsonite or
geothermal resources’’ after ‘‘oil and gas’’.

§§ 226a, 226b. Repealed. Aug. 8, 1946, ch. 916, § 14,
60 Stat. 958
Section 226a, act July 8, 1940, ch. 548, 54 Stat. 742, related to lease of lands not within known productive
field. See section 226 of this title.
Section 226b, acts July 29, 1942, ch. 534, § 1, 56 Stat.
726; Dec. 22, 1943, ch. 376, 57 Stat. 608; Sept. 27, 1944, ch.
429, 58 Stat. 755; Nov. 30, 1945, ch. 495, 59 Stat. 587, related to preference right to new oil and gas lease upon expiration of five-year non-competitive oil and gas lease.
See section 226 of this title.
SAVINGS PROVISION
See note set out under section 181 of this title.

§ 226c. Reduction of royalties under existing
leases
From and after August 8, 1946, the royalty obligation to the United States under all leases requiring payment of royalty in excess of 121⁄2 per
centum, except leases issued or to be issued
upon competitive bidding, is reduced to 121⁄2 per
centum in amount or value of production removed or sold from said leases as to (1) such
leases, or such part of the lands subject thereto,
and the deposits underlying the same, as are not
believed to be within the productive limits of
any oil or gas deposit, as such productive limits
are found by the Secretary to exist on August 8,
1946, and (2) any production on a lease from an
oil or gas deposit which was discovered after
May 27, 1941, by a well or wells drilled within the
boundaries of the lease, and which is determined
by the Secretary to be a new deposit; and (3) any
production on or allocated to a lease pursuant to
an approved unit or cooperative agreement from
an oil or gas deposit which was discovered after
May 27, 1941, on land committed to such agreement, and which is determined by the Secretary
to be a new deposit, where such lease was included in such agreement at the time of discovery, or was included in a duly executed and filed
application for the approval of such agreement
at the time of discovery.
(Aug. 8, 1946, ch. 916, § 12, 60 Stat. 957.)
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

TITLE 30—MINERAL LANDS AND MINING

§§ 226d, 226e

SAVINGS PROVISION
See note set out under section 181 of this title.
OUTER CONTINENTAL SHELF; REFUNDS ON MINERALLEASE PAYMENTS
Refunds of excess payments with respect to oil, gas,
and other leases on submerged lands of outer Continental Shelf, see section 1339 of Title 43, Public Lands.

§§ 226d, 226e. Omitted
CODIFICATION
Sections were completely amended by Pub. L. 86–705,
§ 2, Sept. 2, 1960, 74 Stat. 781, and included in section 17
of Mineral Leasing Act of Feb. 25, 1920, classified to section 226 of this title.
Section 226d, act Feb. 25, 1920, ch. 85, § 17a, as added
Aug. 8, 1946, ch. 916, § 4, 60 Stat. 952, provided for the exchange of leases and fixed royalty rates for new leases.
Section 226e, act Feb. 25, 1920, ch. 85, § 17b, as added
Aug. 8, 1946, ch. 916, § 5, 60 Stat. 952; amended July 29,
1954, ch. 644, § 1(4), (5), 68 Stat. 585, permitted establishment of cooperative or unit plans, setting up procedures for regulating production, approving contracts
and preventing waste.

§ 227. Omitted
CODIFICATION
Section, acts Feb. 25, 1920, ch. 85, § 18, 41 Stat. 443;
Feb. 25, 1928, ch. 104, 45 Stat. 148, authorized the United
States to issue leases for a period of twenty years to
persons who relinquished all rights claimed or possessed prior to July 3, 1910 under preexisting placer
mining law provided relinquishment was filed in the
General Land Office within six months after Feb. 25,
1920.

§ 228. Prospecting permits and leases to persons
of lands not withdrawn; terms and conditions of; fraud of claimants
Any person who on October 1, 1919, was a bona
fide occupant or claimant of oil or gas lands
under a claim initiated while such lands were
not withdrawn from oil or gas location and
entry, and who had previously performed all
acts under then existing laws necessary to valid
locations thereof except to make discovery, and
upon which discovery had not been made prior
to February 25, 1920, and who has performed
work or expended on or for the benefit of such
locations an amount equal in the aggregate of
$250 for each location if application therefor
shall be made within six months from February
25, 1920, shall be entitled to prospecting permits
thereon upon the same terms and conditions,
and limitations as to acreage, as other permits
provided for in this chapter, or where any such
person has made such discovery, prior to said
February 25, 1920, he shall be entitled to a lease
thereon under such terms as the Secretary of
the Interior may prescribe unless otherwise provided for in section 227 1 of this title: Provided,
That where such prospecting permit is granted
upon land within any known geologic structure
of a producing oil or gas field, the royalty to be
fixed in any lease thereafter granted thereon or
any portion thereof shall be not less than 121⁄2
per-centum of all the oil or gas produced except
oil or gas used for production purposes on the
claim, or unavoidably lost: Provided, however,
That the provisions of this section shall not
1 See

References in Text note below.

Page 78

apply to lands reserved for the use of the Navy.
No claimant for a permit or lease who has been
guilty of any fraud or who had knowledge or reasonable grounds to know of any fraud, or who
has not acted honestly and in good faith shall be
entitled to any of the benefits of this section.
All permits or leases hereunder shall inure to
the benefit of the claimant and all persons
claiming through or under him by lease, contract, or otherwise, as their interests may appear.
(Feb. 25, 1920, ch. 85, § 19, 41 Stat. 445.)
REFERENCES IN TEXT
Section 227 of this title, referred to in text, was omitted from the Code.

§ 229. Preference right to permits or leases of
claimants of lands bona fide entered as agricultural land; terms and conditions
In the case of lands bona fide entered as agricultural, and not withdrawn or classified as
mineral at the time of entry, but not including
lands claimed under any railroad grant, the
entryman or patentee, or assigns, where assignment was made prior to January 1, 1918, if the
entry has been patented with the mineral right
reserved, shall be entitled to a preference right
to a permit and to a lease, as herein provided, in
case of discovery; and within an area not greater
than a township such entryman and patentees,
or assigns holding restricted patents may combine their holdings, not to exceed two thousand
five hundred and sixty acres for the purpose of
making joint application. Leases executed under
this section and embracing only lands so entered
shall provide for the payment of a royalty of not
less than 121⁄2 per centum as to such areas within
the permit as may not be included within the
discovery lease to which the permittee is entitled under section 223 of this title.
(Feb. 25, 1920, ch. 85, § 20, 41 Stat. 445.)
§ 229a. Water struck while drilling for oil and gas
(a) Acquisition; condition in lease
All prospecting permits and leases for oil or
gas made or issued under the provisions of this
chapter shall be subject to the condition that in
case the permittee or lessee strikes water while
drilling instead of oil or gas, the Secretary of
the Interior may, when such water is of such
quality and quantity as to be valuable and usable at a reasonable cost for agricultural, domestic, or other purposes, purchase the casing in the
well at the reasonable value thereof to be fixed
under rules and regulations to be prescribed by
the Secretary.
(b) Prior leases
In cases where water wells producing such
water have heretofore been or may hereafter be
drilled upon lands embraced in any prospecting
permit or lease heretofore issued under this
chapter, the Secretary may in like manner purchase the casing in such wells.
(c) Disposition
The Secretary may make such purchase and
may lease or operate such wells for the purpose
of producing water and of using the same on the

Page 79

TITLE 30—MINERAL LANDS AND MINING

public lands or of disposing of such water for
beneficial use on other lands, and where such
wells have heretofore been plugged or abandoned
or where such wells have been drilled prior to
the issuance of any permit or lease by persons
not in privity with the permittee or lessee, the
Secretary may develop the same for the purposes of this section: Provided, That owners or
occupants of lands adjacent to those upon which
such water wells may be developed shall have a
preference right to make beneficial use of such
water.
(d) Revolving fund
The Secretary may use so much of any funds
available for the plugging of wells, as he may
find necessary to start the program provided for
by this section, and thereafter he may use the
proceeds from the sale or other disposition of
such water as a revolving fund for the continuation of such program, and such proceeds are
hereby appropriated for such purpose.
(e) Operations under lease not restricted
Nothing in this section shall be construed to
restrict operations under any oil or gas lease or
permit under any other provision of this chapter.
(Feb. 25, 1920, ch. 85, § 40, as added June 16, 1934,
ch. 557, 48 Stat. 977; amended Pub. L. 94–579, title
VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792.)
AMENDMENTS
1976—Subsec. (a). Pub. L. 94–579 struck out proviso relating to reservation of land as a water hole under section 300 of title 43.
EFFECTIVE DATE OF 1976 AMENDMENT
Section 704(a) of Pub. L. 94–579 provided that the
amendment made by that section is effective on and
after Oct. 21, 1976.
SAVINGS PROVISION
Amendment by Pub. L. 94–579 not to be construed as
terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set
out as a note under section 1701 of Title 43, Public
Lands.

§§ 230 to 233. Repealed. June 22, 1948, ch. 605, § 3,
62 Stat. 576
Section 230, act Mar. 4, 1923, ch. 249, § 1, 42 Stat. 1448,
authorized permits and leases for certain United States
citizens and corporations in Oklahoma.
Section 231, act Mar. 4, 1923, ch. 249, § 2, 42 Stat. 1448,
required applications for permits and leases to be made
not later than sixty days after Mar. 4, 1923.
Section 232, act Mar. 4, 1923, ch. 249, § 3, 42 Stat. 1448,
limited amount of land any one person or corporation
could be granted.
Section 233, act Mar. 4, 1923, ch. 249, § 4, 42 Stat. 1448,
provided for payment of royalties to United States.
SAVINGS PROVISION
Section 3 of act June 22, 1948, provided that the repeal
of these sections is subject to existing valid rights.

§ 233a. Permits or leases of certain lands in Oklahoma; retention of royalties
The Secretary of the Interior is directed to retain in his custody until otherwise directed by
law the 121⁄2 per centum and other royalties
heretofore or hereafter received by him in pursuance of section 233 1 of this title.
1 See

References in Text note below.

§ 236b

(Mar. 4, 1925, ch. 550, § 2, 43 Stat. 1302.)
REFERENCES IN TEXT
Section 233 of this title, referred to in text, was repealed by act June 22, 1948, ch. 605, § 3, 62 Stat. 576.
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

§§ 234 to 236. Repealed. June 22, 1948, ch. 605, § 3,
62 Stat. 576
Section 234, act Mar. 4, 1923, ch. 249, § 5, 42 Stat. 1449,
provided for application of other laws to leases and permits granted under sections 230 to 233 and 234 to 236 of
this title, and for disposition of lands and deposits remaining unappropriated and undisposed of.
Section 235, act Mar. 4, 1923, ch. 249, § 6, 42 Stat. 1449,
prohibited interference with certain lands in possession
of receivers appointed by the Supreme Court.
Section 236, act Mar. 4, 1923, ch. 249, § 7, 42 Stat. 1450,
authorized promulgation of rules and regulations necessary to accomplish purposes of sections 230 to 233 and
234 to 236 of this title.
SAVINGS PROVISION
Section 3 of act June 22, 1948, provided that the repeal
of these sections is subject to existing valid rights.

§ 236a. Lands in naval petroleum reserves and
naval oil-shale reserves; effect of other laws
Nothing in sections 185, 221,1 223, 223a,1 and 226
of this title and this section shall be construed
as affecting any lands within the borders of the
naval petroleum reserves and naval oil-shale reserves or agreements concerning operations
thereunder or in relation to the same, but the
Secretary of the Navy is hereby authorized, with
the consent of the President, to enter into
agreements such as those provided for under sections 184 and 226 of this title, which agreement
shall not, unless expressed therein, operate to
extend the terms of any lease affected thereby.
(Aug. 21, 1935, ch. 599, § 3, 49 Stat. 679.)
REFERENCES IN TEXT
Section 221 of this title, referred to in text, was omitted from the Code.
Section 223a of this title, referred to in text, was repealed by act Aug. 8, 1946, ch. 916, § 14, 60 Stat. 958.
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

§ 236b. Existing leases within naval petroleum reserves not affected
Nothing in this act shall be construed as affecting existing leases within the borders of the
naval petroleum reserves, or agreements concerning operations thereunder or in relation
thereto.
(Aug. 8, 1946, ch. 916, § 13, 60 Stat. 958; Aug. 10,
1956, ch. 1041, § 53, 70A Stat. 675.)
REFERENCES IN TEXT
This act, referred to in text, is act Aug. 8, 1946, ch.
916, 60 Stat. 950, as amended, which is classified gener1 See

References in Text note below.

TITLE 30—MINERAL LANDS AND MINING

§ 237

ally to sections 181, 184, 187a, 187b, 188, 193, 209, 225, 226,
226c to 226e, 236b, and 285 of this title. For complete
classification of this Act to the Code, see Tables.
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.
AMENDMENTS
1956—Act Aug. 10, 1956, repealed the portion of this
section after ‘‘thereto’’ which authorized the Secretary
of the Navy, with the consent of the President, to enter
into agreements such as those provided for in section
236e of this title, which agreements, should not, unless
expressed therein, operate to extend the term of any
lease affected thereby.

§ 237. Omitted
CODIFICATION
Section, Pub. L. 95–372, title VI, § 602, Sept. 18, 1978, 92
Stat. 694, which required the Secretary of the Interior
to submit annual reports to Congress on delinquent
royalty accounts under leases issued under any Act
regulating development of oil and gas on Federal lands,
terminated, effective May 15, 2000, pursuant to section
3003 of Pub. L. 104–66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance. See,
also, page 111 of House Document No. 103–7.

SUBCHAPTER V—OIL SHALE
§ 241. Leases of lands
(a) In general
(1) The Secretary of the Interior is hereby authorized to lease to any person or corporation
qualified under this chapter any deposits of oil
shale, and gilsonite (including all vein-type
solid hydrocarbons) belonging to the United
States and the surface of so much of the public
lands containing such deposits, or land adjacent
thereto, as may be required for the extraction
and reduction of the leased minerals, under such
rules and regulations, not inconsistent with this
chapter, as he may prescribe.
(2) No lease hereunder shall exceed 5,760 acres
of land, to be described by the legal subdivisions
of the public-land surveys, or if unsurveyed, to
be surveyed by the United States, at the expense
of the applicant, in accordance with regulations
to be prescribed by the Secretary of the Interior.
(3) Leases may be for indeterminate periods,
upon such conditions as may be imposed by the
Secretary of the Interior, including covenants
relative to methods of mining, prevention of
waste, and productive development.
(4) For the privilege of mining, extracting, and
disposing of the oil or other minerals covered by
a lease under this section the lessee shall pay to
the United States such royalties as shall be
specified in the lease and an annual rental, payable at the beginning of each year, at the rate of
$2.00 per acre per annum, for the lands included
in the lease, the rental paid for any one year to
be credited against the royalties accruing for
that year; such royalties to be subject to readjustment at the end of each twenty-year period
by the Secretary of the Interior. For the purpose
of encouraging the production of petroleum
products from shales the Secretary may, in his
discretion, waive the payment of any royalty
and rental during the first five years of any

Page 80

lease. Any person having a valid claim to such
minerals under existing laws on January 1, 1919,
shall, upon the relinquishment of such claim, be
entitled to a lease under the provisions of this
section for such area of the land relinquished as
shall not exceed the maximum area authorized
by this section to be leased to an individual or
corporation. No claimant for a lease who has
been guilty of any fraud or who had knowledge
or reasonable grounds to know of any fraud, or
who has not acted honestly and in good faith,
shall be entitled to any of the benefits of this
section. No one person, association, or corporation shall acquire or hold more than 50,000 acres
of oil shale leases in any one State. For gilsonite (including all vein-type solid hydrocarbons)
no person, association, or corporation shall acquire or hold more than seven thousand six hundred eighty acres in any one State without respect to the number of leases.
(5) No lease issued under this section shall be
included in any chargeability limitation associated with oil and gas leases.
(b) Offer for lease; deposits other than oil shale;
questioned validity because of location; preference rights
If an offer for a lease under the provisions of
this section for deposits other than oil shale is
based upon a mineral location, the validity of
which might be questioned because the claim
was based on a placer location rather than on a
lode location, or vice versa, the offeror shall
have a preference right to a lease if the offer is
filed not more than one year after September 2,
1960.
(c) 1 Multiple use principal leases; gilsonite including all vein-type solid hydrocarbons
With respect to gilsonite (including all veintype solid hydrocarbons) a lease under the multiple use principle may issue notwithstanding
the existence of an outstanding lease issued
under any other provision of this chapter.
(c) 1 Offsite leases
(1) The Secretary may within the State of Colorado lease to the holder of the Federal oil shale
lease known as Federal Prototype Tract C–a additional lands necessary for the disposal of oil
shale wastes and the materials removed from
mined lands, and for the building of plants, reduction works, and other facilities connected
with oil shale operations (which lease shall be
referred to hereinafter as an ‘‘offsite lease’’).
The Secretary may only issue one offsite lease
not to exceed six thousand four hundred acres.
An offsite lease may not serve more than one
Federal oil shale lease and may not be transferred except in conjunction with the transfer of
the Federal oil shale lease that it serves.
(2) The Secretary may issue one offsite lease
of not more than three hundred and twenty
acres to any person, association or corporation
which has the right to develop oil shale on nonFederal lands. An offsite lease serving non-Federal oil shale land may not serve more than one
oil shale operation and may not be transferred
except in conjunction with the transfer of the
non-Federal oil shale land that it serves. Not
1 Two

subsecs. (c) have been enacted.

Page 81

TITLE 30—MINERAL LANDS AND MINING

more than two offsite leases may be issued
under this paragraph.
(3) An offsite lease shall include no rights to
any mineral deposits.
(4) The Secretary may issue offsite leases after
consideration of the need for such lands, impacts on the environment and other resource
values, and upon a determination that the public interest will be served thereby.
(5) An offsite lease for lands the surface of
which is under the jurisdiction of a Federal
agency other than the Department of the Interior shall be issued only with the consent of that
other Federal agency and shall be subject to
such terms and conditions as it may prescribe.
(6) An offsite lease shall be for such periods of
time and shall include such lands, subject to the
acreage limitations contained in this subsection, as the Secretary determines to be necessary to achieve the purposes for which the
lease is issued, and shall contain such provisions
as he determines are needed for protection of environmental and other resource values.
(7) An offsite lease shall provide for the payment of an annual rental which shall reflect the
fair market value of the rights granted and
which shall be subject to such revisions as the
Secretary, in his discretion, determines may be
needed from time to time to continue to reflect
the fair market value.
(8) An offsite lease may, at the option of the
lessee, include provisions for payments in any
year which payments shall be credited against
any portion of the annual rental for a subsequent year to the extent that such payment is
payable by the Secretary of the Treasury under
section 191 of this title to the State within the
boundaries of which the leased lands are located.
Such funds shall be paid by the Secretary of the
Treasury to the appropriate State in accordance
with section 191 of this title, and such funds
shall be distributed by the State only to those
counties, municipalities, or jurisdictional subdivisions impacted by oil shale development and/
or where the lease is sited.
(9) An offsite lease shall remain subject to
leasing under the other provisions of this chapter where such leasing would not be incompatible with the offsite lease.
(d) Considerations governing issuance of offsite
lease
In recognition of the unique character of oil
shale development:
(1) In determining whether to offer or issue an
offsite lease under subsection (c) of this section,
the Secretary shall consult with the Governor
and appropriate State, local, and tribal officials
of the State where the lands to be leased are located, and of any additional State likely to be
affected significantly by the social, economic, or
environmental effects of development under
such lease, in order to coordinate Federal and
State planning processes, minimize duplication
of permits, avoid delays, and anticipate and
mitigate likely impacts of development.
(2) The Secretary may issue an offsite lease
under subsection (d) 2 after consideration of (A)
the need for leasing, (B) impacts on the environ2 So

in original. Probably should be subsection ‘‘(c)’’.

§ 241

ment and other resource values, (C) socioeconomic factors, and (D) information from consultations with the Governors of the affected
States.
(3) Before determining whether to offer an offsite lease under subsection (c) of this section,
the Secretary shall seek the recommendation of
the Governor of the State in which the lands to
be leased are located as to whether or not to
lease such lands, what alternative actions are
available, and what special conditions could be
added to the proposed lease to mitigate impacts.
The Secretary shall accept the recommendations of the Governor if he determines that they
provide for a reasonable balance between the national interest and the State’s interests. The
Secretary shall communicate to the Governor,
in writing, and publish in the Federal Register
the reasons for his determination to accept or
reject such Governor’s recommendations.
(Feb. 25, 1920, ch. 85, § 21, 41 Stat. 445; Pub. L.
86–705, § 7, Sept. 2, 1960, 74 Stat. 790; Pub. L. 97–78,
§ 1(1), Nov. 16, 1981, 95 Stat. 1070; Pub. L. 97–394,
title III, § 318, Dec. 30, 1982, 96 Stat. 1999; Pub. L.
109–58, title III, § 369(j)(2), Aug. 8, 2005, 119 Stat.
731.)
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–58 designated first to
third sentences as pars. (1) to (3), respectively, substituted ‘‘5,760’’ for ‘‘five thousand one hundred and
twenty’’ in par. (2), designated fourth to eighth sentences as par. (4) and substituted ‘‘rate of $2.00 per
acre’’ for ‘‘rate of 50 cents per acre’’, ‘‘No one person’’
for ‘‘Not more than one lease shall be granted under
this section to any one person’’, and ‘‘shall acquire or
hold more than 50,000 acres of oil shale leases in any
one State. For’’ for ‘‘except that with respect to leases
for’’, and added par. (5).
1982—Subsecs. (c), (d). Pub. L. 97–394 added subsecs.
(c) and (d).
1981—Subsec. (a). Pub. L. 97–78 substituted ‘‘and gilsonite (including all vein-type solid hydrocarbons)’’
and ‘‘gilsonite (including all vein-type solid hydrocarbons)’’ for ‘‘native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated
rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried)’’.
Subsec. (c). Pub. L. 97–78 substituted ‘‘gilsonite (including all vein-type solid hydrocarbons)’’ for ‘‘native
asphalt, solid and semisolid bitumen, and bituminous
rock (including oil-impregnated rock or sands from
which oil is recoverable only by special treatment after
the deposit is mined or quarried)’’.
1960—Pub. L. 86–705 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c). Other changes
included addition of native asphalt, solid and semisolid
bitumen, and bituminous rock within the scope of the
section, and insertion of the limitation upon such holdings.
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior to promulgate
regulations under this chapter relating to establishment of diligence requirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures,
terms, and conditions for acquisition and disposition of
Federal royalty interests taken in kind, transferred to
Secretary of Energy by section 7152(b) of Title 42, The
Public Health and Welfare. Section 7152(b) of Title 42
was repealed by Pub. L. 97–100, title II, § 201, Dec. 23,
1981, 95 Stat. 1407, and functions of Secretary of Energy
returned to Secretary of the Interior. See House Report
No. 97–315, pp. 25, 26, Nov. 5, 1981.

§ 242

TITLE 30—MINERAL LANDS AND MINING

§ 242. Oil shale claims
(a) Notice
Notwithstanding any other provision of law,
within 60 days from October 24, 1992, the Secretary of the Interior shall provide notice to
each holder of an unpatented oil shale mining
claim of the requirements of this Act. Such notice shall be made by registered mail and by
publication in a newspaper of general circulation in the areas in which such claims are located.
(b) Full patent
The holder of a valid oil shale mining claim
who has filed a patent application and received
first half final certificate for patent by October
24, 1992, may obtain a patent pursuant to the
general mining laws of the United States.
(c) Patent
(1) Notwithstanding any other provision of
law, the holder of a valid oil shale mining claim
who has filed a patent application which has
been accepted for processing by the Department
of the Interior by October 24, 1992, but has not
received first half final certificate for patent by
October 24, 1992, may receive only a patent limited to the oil shale and associated minerals,
upon payment of $2.50 per acre. Title to the surface and to all other minerals, including, but
not limited to, oil, gas, and coal, shall remain in
the United States. Patents issued pursuant to
this subsection shall provide for surface use to
the same extent as is provided under applicable
law prior to October 24, 1992, with respect to oil
shale mining claims, subject to the requirements of subsection (f) of this section.
(2) Maintenance of claims referred to in this
subsection prior to patent issuance shall be in
accordance with the requirements of applicable
law prior to October 24, 1992.
(3) Any holder of a valid oil shale mining
claim referred to in this subsection may maintain such claim in accordance with the requirements set forth in subsection (e)(2) of this section in lieu of receiving a patent under this section.
(4) Notwithstanding any other provision of
law, any person referred to in paragraph (1) who
obtains compensation from the United States as
a result of the application of this section being
declared to be a taking of property within the
meaning of the Fifth Amendment to the United
States Constitution, may obtain a full patent
upon tender to the Secretary of the amount of
such compensation, not including interest, and
upon the receipt of such amount, the Secretary
shall convey to such person a patent in the form
and manner provided under the general mining
laws of the United States. Such tender may only
be made within 3 years of obtaining such compensation.
(d) Election
(1) Notwithstanding any other provision of
law, within 180 days from the date of which the
Secretary provided notice under subsection (a)
of this section, a holder of a valid oil shale mining claim for which a patent application was not
filed and accepted for processing by the Department of the Interior prior to October 24, 1992,

Page 82

shall file with the Secretary a notice of election
to—
(A) proceed to limited patent as provided in
subsection (e)(1) of this section; or
(B) maintain the unpatented claim as provided for in subsection (e)(2) of this section.
(2) Failure to file the notice of election as required by paragraph (1) shall be deemed conclusively to constitute an abandonment of the
claim by operation of law.
(3) Any claim holder who elects to proceed
under paragraph (1)(A) must apply for a patent
within 2 years from the date of election or notify the Secretary in writing prior to expiration
of the 2-year period of a decision to maintain
such claim as provided in paragraph (1)(B) or
such claim shall be deemed conclusively to have
been abandoned by operation of law.
(4) The provisions of this subsection shall be in
addition to the requirements of section 1744 of
title 43.
(e) Effect of election
(1) Notwithstanding any other provisions of
law, a claim holder subject to the election requirements of subsection (d) of this section who
elects to receive a limited patent shall receive
title only to the oil shale associated minerals,
upon payment of fair market value for the oil
shale and associated minerals. Title to the surface and to all other minerals, including, but
not limited to oil, gas, and coal, shall remain in
the United States. Patents issued pursuant to
this subsection shall provide for surface use to
the same extent as is provided under applicable
law prior to October 24, 1992, with respect to oil
shale mining claims, subject to the requirements of subsection (f) of this section.
(2) Notwithstanding any other provision of
law, a claim holder referred to in subsection (c)
of this section or a claim holder subject to the
election requirements of subsection (d) of this
section who maintains or elects to maintain an
unpatented claim shall maintain such claim by
complying with the general mining laws of the
United States, and with the provisions of this
section, except that the claim holder shall no
longer be required to perform annual labor, and
instead shall pay to the Secretary $550 per claim
per year for deposit as miscellaneous receipts in
the general fund of the Treasury, commencing
with calendar year 1993. Such fee shall accompany the filing made by the claim holder with
the Bureau of Land Management pursuant to
section 1744(a)(2) of title 43.
(f) Reclamation
In addition to other applicable requirements,
any person who holds a limited patent or maintains a claim pursuant to this section shall be
required to carry out reclamation as prescribed
by the Secretary and to furnish a bond or other
appropriate financial guarantee in an amount
sufficient to ensure adequate reclamation of the
lands to be disturbed by any aspect of the proposed mining activities.
(g) Reaffirmation of requirements
Without comment on the adequacy of current
or former standards for determining validity of
oil shale claims, Congress reaffirms the requirements of law that a patent may issue only to

Page 83

TITLE 30—MINERAL LANDS AND MINING

persons who hold valid claims and the need for
careful review of any applications.
(h) Issuance of patents
Notwithstanding any other provision of law,
with respect to any oil shale mining claim located under the general mining laws of the
United States, no patent for such claim shall be
issued except as provided by this section.
(Pub. L. 102–486, title XXV, § 2511, Oct. 24, 1992,
106 Stat. 3109.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 102–486,
Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy
Act of 1992. For complete classification of this Act to
the Code, see Short Title note set out under section
13201 of Title 42, The Public Health and Welfare, and
Tables.
CODIFICATION
Section was enacted as part of the Energy Policy Act
of 1992, and not as part of act Feb. 25, 1920, ch. 85, 41
Stat. 437, known as the Mineral Leasing Act, which
comprises this chapter.

SUBCHAPTER VI—ALASKA OIL PROVISO
§ 251. Leases to claimants of withdrawn lands;
terms and conditions; acreage; annual rentals and royalties; fraud of claimants
Any bona fide occupant or claimant of oil or
gas bearing lands in the Territory of Alaska,
who, or whose predecessors in interest, prior to
withdrawal had complied otherwise with the requirements of the mining laws, but had made no
discovery of oil or gas in wells and who prior to
withdrawal had made substantial improvements
for the discovery of oil or gas on or for each location or had prior to February 25, 1920 expended
not less than $250 in improvements on or for
each location shall be entitled, upon relinquishment or surrender to the United States within
one year from February 25, 1920, or within six
months after final denial or withdrawal of application for patent, to a lease or leases, under this
chapter covering such lands, not exceeding five
leases in number and not exceeding an aggregate
of one thousand two hundred and eighty acres in
each: Provided, That the annual lease rentals for
lands in the Territory of Alaska not within any
known geological structure of a producing oil or
gas field and the royalty payments from production of oil or gas sold or removed from such
lands shall be identical with those prescribed for
such leases covering similar lands in the States
of the United States, except that leases which
may issue pursuant to applications or offers to
lease such lands, which applications or offers
were filed prior to and were pending on May 3,
1958, shall require the payment of 25 cents per
acre as lease rental for the first year of such
leases; but the aforesaid exception shall not
apply in any way to royalties to be required
under leases which may issue pursuant to offers
or applications filed prior to May 3, 1958.
The Secretary of the Interior shall neither
prescribe nor approve any cooperative or unit
plan of development or operation nor any operating, drilling, or development contract establishing different royalty or rental rates for Alaska lands than for similar lands within the
States of the United States.

§ 262

No claimant for a lease who has been guilty of
any fraud or who had knowledge or reasonable
grounds to know of any fraud, or who has not
acted honestly and in good faith, shall be entitled to any of the benefits of this section.
(Feb. 25, 1920, ch. 85, § 22, 41 Stat. 446; Pub. L.
85–505, § 10, July 3, 1958, 72 Stat. 324.)
AMENDMENTS
1958—Pub. L. 85–505 struck out provisions which related to prospecting permits, provided that the annual
lease rentals and royalty payments shall be identical
with those prescribed for leases covering similar lands
in the States of the United States, permitted a payment of 25 cents per acre as lease rental for the first
year of the lease in those leases issued pursuant to applications or offers filed prior to and pending on May 3,
1958, and prohibited the Secretary from prescribing or
approving any cooperative or unit plan of development
or operation or any operating, drilling, or development
contract establishing different royalty or rental rates
for Alaska lands than for similar lands within the
States of the United States.
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

SUBCHAPTER VII—SODIUM
§ 261. Prospecting permits; lands included; acreage
The Secretary of the Interior is hereby authorized, under such rules and regulations as he
may prescribe, to grant to any qualified applicant a prospecting permit which shall give the
exclusive right to prospect for chlorides, sulphates, carbonates, borates, silicates, or nitrates of sodium, in lands belonging to the
United States for a period of not exceeding two
years: Provided, That the area to be included in
such a permit shall not exceed two thousand five
hundred and sixty acres of land in reasonably
compact form.
(Feb. 25, 1920, ch. 85, § 23, 41 Stat. 447; Dec. 11,
1928, ch. 19, 45 Stat. 1019.)
AMENDMENTS
1928—Act Dec. 11, 1928, struck out ‘‘and directed’’
after ‘‘authorized’’, ‘‘dissolved in and soluble in water,
and accumulated by concentration, in lands belonging
to the United States for a period not exceeding two
years,’’ after ‘‘nitrates of sodium’’, and last proviso
which read ‘‘Provided further, That the provisions of
this section shall not apply to lands in San Bernardino
County, California.’’

§ 262. Leases to permittees; survey of lands; royalties and annual rentals
Upon showing to the satisfaction of the Secretary of the Interior that valuable deposits of
one of the substances enumerated in section 261
of this title have been discovered by the permittee within the area covered by his permit and
that such land is chiefly valuable therefor, the
permittee shall be entitled to a lease for any or
all of the land embraced in the prospecting permit at a royalty of not less than 2 per centum
of the quantity or gross value of the output of

§ 263

TITLE 30—MINERAL LANDS AND MINING

sodium compounds and other related products at
the point of shipment to market; the lands in
such lease to be taken in compact form by legal
subdivisions of the public land surveys or, if the
land be not surveyed, by survey executed at the
cost of the permittee in accordance with regulations prescribed by the Secretary of the Interior. Lands known to contain valuable deposits
of one of the substances enumerated in section
261 of this title and not covered by permits or
leases shall be subject to lease by the Secretary
of the Interior through advertisement, competitive bidding, or such other methods as he may
by general regulations adopt and in such areas
as he shall fix, not exceeding two thousand five
hundred and sixty acres. All leases under this
section shall be conditioned upon the payment
by the lessee of such royalty as may be fixed in
the lease, not less than 2 per centum of the
quantity or gross value of the output of sodium
compounds and other related products at the
point of shipment to market, and the payment
in advance of a rental of 25 cents per acre for the
first calendar year or fraction thereof, 50 cents
per acre for the second, third, fourth, and fifth
calendar years respectively; and $1 per acre per
annum thereafter during the continuance of the
lease, such rental for any one year to be credited
against royalties accruing for that year. Leases
under this section shall be for a period of twenty
years, with preferential right in the lessee to
renew for successive periods of ten years upon
such reasonable terms and conditions as may be
prescribed by the Secretary of the Interior unless otherwise provided by law at the expiration
of such period: Provided, That nothing in this
chapter shall prohibit the mining and sale of sodium compounds under potassium leases issued
pursuant to subchapter VII [§ 141 et seq.] of chapter 3 of this title and subchapter IX of this chapter, nor the mining and sale of potassium compounds as a byproduct from sodium leases taken
under this section: Provided further, That on application by any lessee the Secretary of the Interior is authorized to modify the rental and
royalty provisions stipulated in any existing sodium lease to conform to the provisions of this
section.
(Feb. 25, 1920, ch. 85, § 24, 41 Stat. 447; Dec. 11,
1928, ch. 19, 45 Stat. 1019.)
REFERENCES IN TEXT
Subchapter VII [§ 141 et seq.] of chapter 3 of this title,
referred to in text, was repealed by act Feb. 7, 1927, ch.
66, § 6, 44 Stat. 1058.
Subchapter IX of this chapter, referred to in text, was
in the original ‘‘act February 7, 1927 (Forty-fourth
Statutes at Large, page 1057)’’ meaning act Feb. 7, 1927,
ch. 66, 44 Stat. 1057, as amended, which enacted subchapter IX (§ 281 et seq.) of this chapter, amended sections 181 and 193 of this title, and repealed subchapter
VII (§ 141 et seq.) of chapter 3 of this title. For complete
classification of this Act to the Code, see Tables.
AMENDMENTS
1928—Act Dec. 11, 1928, amended section generally.
SODA ASH ROYALTY REDUCTION
Pub. L. 109–338, title I, Oct. 12, 2006, 120 Stat. 1786, provided that:
‘‘SEC. 101. SHORT TITLE.
‘‘This title may be cited as the ‘Soda Ash Royalty
Reduction Act of 2006’.

Page 84

‘‘SEC. 102. REDUCTION IN ROYALTY RATE ON SODA
ASH.
‘‘Notwithstanding section 102(a)(9) of the Federal
Land Policy [and] Management Act of 1976 (43 U.S.C.
1701(a)(9)), section 24 of the Mineral Leasing Act (30
U.S.C. 262), and the terms of any lease under that Act
[30 U.S.C. 181 et seq.], the royalty rate on the quantity
or gross value of the output of sodium compounds and
related products at the point of shipment to market
from Federal land in the 5-year period beginning on the
date of enactment of this Act [Oct. 12, 2006] shall be 2
percent.
‘‘SEC. 103. STUDY.
‘‘After the end of the 4-year period beginning on the
date of enactment of this Act [Oct. 12, 2006], and before
the end of the 5-year period beginning on that date, the
Secretary of the Interior shall report to Congress on
the effects of the royalty reduction under this title, including—
‘‘(1) the amount of sodium compounds and related
products at the point of shipment to market from
Federal land during that 4-year period;
‘‘(2) the number of jobs that have been created or
maintained during the royalty reduction period;
‘‘(3) the total amount of royalty paid to the United
States on the quantity or gross value of the output of
sodium compounds and related products at the point
of shipment to market produced during that 4-year
period, and the portion of such royalty paid to
States; and
‘‘(4) a recommendation of whether the reduced royalty rate should apply after the end of the 5-year period beginning on the date of enactment of this Act.’’

§ 263. Permits to use or lease of nonmineral lands
for camp sites, and other purposes; annual
rentals; acreage
In addition to areas of such mineral land
which may be included in any such prospecting
permits or leases, the Secretary of the Interior,
in his discretion, may grant to a permittee or
lessee of lands containing sodium deposits, and
subject to the payment of an annual rental of
not less than 25 cents per acre, the exclusive
right to use, during the life of the permit or
lease, a tract of unoccupied nonmineral public
land, not exceeding forty acres in area, for camp
sites, refining works, and other purposes connected with and necessary to the proper development and use of the deposits covered by the permit or lease.
(Feb. 25, 1920, ch. 85, § 25, 41 Stat. 447.)
SUBCHAPTER VIII—SULPHUR
§ 271. Prospecting permits; lands included; acreage
The Secretary of the Interior is hereby authorized and directed, under such rules and regulations as he may prescribe, to grant to any
qualified applicant a prospecting permit which
shall give the exclusive right to prospect for sulphur in lands belonging to the United States located in the States of Louisiana and New Mexico
for a period of not exceeding two years: Provided,
That the area to be included in such a permit
shall be not exceeding six hundred and forty
acres of land in reasonably compact form.
(Apr. 17, 1926, ch. 158, § 1, 44 Stat. 301; July 16,
1932, ch. 498, 47 Stat. 701.)
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

Page 85

TITLE 30—MINERAL LANDS AND MINING
AMENDMENTS

1932—Act July 16, 1932, substituted ‘‘States of Louisiana and New Mexico’’ for ‘‘State of Louisiana’’.

§ 272. Leases to permittees; privileges extended
to oil and gas permittees
Upon showing to the satisfaction of the Secretary of the Interior that valuable deposits of
sulphur have been discovered by the permittee
within the area covered by his permit, and that
the land is chiefly valuable therefor, the permittee shall be entitled to a lease for any or all of
the land embraced in the prospecting permit, at
a royalty of 5 per centum of the quantity or
gross value of the output of sulphur at the point
of shipment to market, such lease to be taken in
compact form by legal subdivisions of the public-land surveys; or if the land be not surveyed,
by survey executed at the cost of the permittee
in accordance with regulations prescribed by the
Secretary of the Interior: Provided, That where
any person having been granted an oil and gas
permit makes a discovery of sulphur in lands
covered by said permit, he shall have the same
privilege of leasing not to exceed six hundred
and forty acres of said land under the same
terms and conditions as are given a sulphur permittee under the provisions of this section.
(Apr. 17, 1926, ch. 158, § 2, 44 Stat. 301.)

§ 281

§ 275. Laws applicable
The general provisions of sections 181 to 184,
185 to 188, 189 to 192, 193, and 194 1 of this title,
are made applicable to permits and leases under
this subchapter, sections 181 and 193 of this title
being amended to include deposits of sulphur,
and section 184 of this title being amended so as
to prohibit any person, association, or corporation from taking or holding more than three sulphur permits or leases in any one State during
the life of such permits or leases.
(Apr. 17, 1926, ch. 158, § 5, 44 Stat. 302.)
REFERENCES IN TEXT
Section 194 of this title, referred to in text, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 644.
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

§ 276. Application of subchapter to Louisiana and
New Mexico only
The provisions of this subchapter shall apply
only to the States of Louisiana and New Mexico.
(Apr. 17, 1926, ch. 158, § 6, 44 Stat. 302; July 16,
1932, ch. 498, 47 Stat. 701.)

CODIFICATION

CODIFICATION

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

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

§ 273. Lease of lands not covered by permits or
leases; acreage; rental
Lands known to contain valuable deposits of
sulphur and not covered by permits or leases
shall be held subject to lease by the Secretary of
the Interior through advertisement, competitive
bidding, or such other methods as he may by
general regulations adopt and in such areas as
he shall fix, not exceeding six hundred and forty
acres; all leases to be conditioned upon the payment by the lessee of such royalty as may be
fixed in the lease and the payment in advance of
a rental of 50 cents per acre per annum, the rental paid for any one year to be credited against
the royalties accruing for that year.
(Apr. 17, 1926, ch. 158, § 3, 44 Stat. 301.)
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

§ 274. Lands containing coal or other minerals
Prospecting permits or leases may be issued in
the discretion of the Secretary of the Interior
under the provisions of this subchapter for deposits of sulphur in public lands also containing
coal or other minerals on condition that such
other deposits be reserved to the United States
for disposal under applicable laws.
(Apr. 17, 1926, ch. 158, § 4, 44 Stat. 302.)
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

AMENDMENTS
1932—Act July 16, 1932, substituted ‘‘States of Louisiana and New Mexico’’ for ‘‘State of Louisiana’’.

SUBCHAPTER IX—POTASH
§ 281. Prospecting permits for chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium; authorization; acreage;
lands affected
The Secretary of the Interior is hereby authorized, under such rules and regulations as he
may prescribe, to grant to any qualified applicant a prospecting permit which shall give the
exclusive right to prospect for chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium in lands belonging to the
United States for a period of not exceeding two
years: Provided, That the area to be included in
such a permit shall not exceed two thousand five
hundred and sixty acres of land in reasonably
compact form: Provided further, That the prospecting provisions of this subchapter shall not
apply to lands and deposits in or adjacent to
Searles Lake, California, which lands may be
leased by the Secretary of the Interior under the
terms and provisions of this subchapter.
(Feb. 7, 1927, ch. 66, § 1, 44 Stat. 1057.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘this Act’’, meaning act Feb. 7, 1927, ch. 66, 44 Stat.
1057, as amended, which enacted this subchapter,
amended sections 181 and 193 of this title, and repealed
1 See

References in Text note below.

§ 282

TITLE 30—MINERAL LANDS AND MINING

subchapter VII (§ 141 et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see
Tables.
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

§ 282. Leases to permittees of lands showing valuable deposits; royalty
Upon showing to the satisfaction of the Secretary of the Interior that valuable deposits of
one of the substances enumerated in this subchapter has been discovered by the permittee
within the area covered by his permit, and that
such land is chiefly valuable therefor, the permittee shall be entitled to a lease for any or all
of the land embraced in the prospecting permit,
at a royalty of not less than 2 per centum of the
quantity or gross value of the output of potassium compounds and other related products, except sodium, at the point of shipment to market, such lease to be taken in compact form by
legal subdivisions of the public land surveys, or
if the land be not surveyed, by survey executed
at the cost of the permittee in accordance with
regulations prescribed by the Secretary of the
Interior.
(Feb. 7, 1927, ch. 66, § 2, 44 Stat. 1057.)
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

Page 86

rior unless otherwise provided by law at the expiration of such periods. Leases shall be conditioned upon a minimum annual production or
the payment of a minimum royalty in lieu
thereof, except when production is interrupted
by strikes, the elements, or casualties not attributable to the lessee. The Secretary of the Interior may permit suspension of operations
under any such leases when marketing conditions are such that the leases cannot be operated except at a loss. The Secretary upon application by the lessee prior to the expiration of
any existing lease in good standing shall amend
such lease to provide for the same tenure and to
contain the same conditions, including adjustment at the end of each twenty-year period succeeding the date of said lease, as provided for in
this subchapter. In the discretion of the Secretary of the Interior the area involved in any
lease resulting from a prospecting permit may
be exempt from any rental in excess of 25 cents
per acre for twenty years succeeding its issue,
and the production of potassium compounds
under such a lease may be exempt from any royalty in excess of the minimum prescribed in this
subchapter for the same period.
(Feb. 7, 1927, ch. 66, § 3, 44 Stat. 1057; June 3, 1948,
ch. 379, § 9, 62 Stat. 292.)
CODIFICATION
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.
AMENDMENTS

§ 283. Lands containing valuable deposits not
covered by permits or leases; authority to
lease; acreage; conditions; renewals; exemptions from rentals and royalties; suspension
of operations

1948—Act June 3, 1948, increased renewal term from
ten to twenty years, provided for reasonable adjustment of terms, provided minimum conditions, and permitted suspension of operations under certain conditions.

Lands known to contain valuable deposits
enumerated in this subchapter and not covered
by permits or leases shall be held subject to
lease by the Secretary of the Interior through
advertisement, competitive bidding, or such
other methods as he may by general regulations
adopt, and in such areas as he shall fix, not exceeding two thousand five hundred and sixty
acres; all leases to be conditioned upon the payment by the lessee of such royalty as may be
fixed in the lease, not less than 2 per centum of
the quantity or gross value of the output of potassium compounds and other related products,
except sodium, at the point of shipment to market, and the payment in advance of a rental of
25 cents per acre for the first calendar year or
fraction thereof; 50 cents per acre for the second,
third, fourth, and fifth years, respectively; and
$1 per acre per annum thereafter during the continuance of the lease, such rental for any year
being credited against royalties accruing for
that year. Any lease issued under this subchapter shall be for a term of twenty years and
so long thereafter as the lessee complies with
the terms and conditions of the lease and upon
the further condition that at the end of each
twenty-year period succeeding the date of the
lease such reasonable adjustment of the terms
and conditions thereof may be made therein as
may be prescribed by the Secretary of the Inte-

§ 284. Lands containing coal or other minerals in
addition to potassium deposits; issuance of
prospecting permits and leases; covenants in
potassium leases
Prospecting permits or leases may be issued
under the provisions of this subchapter for deposits of potassium in public lands, also containing deposits of coal or other minerals, on condition that such other deposits be reserved to the
United States for disposal under appropriate
laws: Provided, That if the interests of the Government and of the lessee will be subserved
thereby, potassium leases may include covenants providing for the development by the lessee of chlorides, sulphates, carbonates, borates,
silicates, or nitrates of sodium, magnesium, aluminum, or calcium, associated with the potassium deposits leased, on terms and conditions
not inconsistent with the sodium provisions of
subchapter VII of this chapter: Provided further,
That where valuable deposits of mineral now
subject to disposition under the general mining
laws are found in fissure veins on any of the
lands subject to permit or lease under this subchapter, the valuable minerals so found shall
continue subject to disposition under the said
general mining laws notwithstanding the presence of potash therein.
(Feb. 7, 1927, ch. 66, § 4, 44 Stat. 1058.)

Page 87

TITLE 30—MINERAL LANDS AND MINING

§ 292

REFERENCES IN TEXT

CODIFICATION

The sodium provisions of subchapter VII of this chapter, referred to in text, was in the original ‘‘the sodium
provisions of the Act of February 25, 1920 (Forty-first
Statutes at Large, page 437)’’, which means sections 23
to 25 of act Feb. 25, 1920, ch. 85, 41 Stat. 447, which are
classified to subchapter VII (§ 261 et seq.) of this chapter.

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

Section is composed of the second sentence of section
6 of act Feb. 7, 1927, as added by act June 1, 1948. The
first sentence of section 6 repealed former sections 141
to 152 of this title and did not affect pending applications for permits or leases filed prior to Jan. 1, 1926, or
valid claims existent on Feb. 7, 1927, and thereafter
maintained in compliance with the laws under which
initiated, which claims could be perfected under such
laws, including discovery.
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

§ 285. Laws applicable

§ 287. Extension of prospecting permits

The general provisions of sections 182 to 184,
185 to 188, 189 to 192, 193, and 194 1 of this title,
are made applicable to permits and leases under
this subchapter.

Any prospecting permit issued under this subchapter may be extended by the Secretary of the
Interior for a period not exceeding two years,
upon a showing of satisfactory cause.

(Feb. 7, 1927, ch. 66, § 5, 44 Stat. 1058; Aug. 8, 1946,
ch. 916, § 11, 60 Stat. 957.)

(Feb. 7, 1927, ch. 66, § 7, as added May 7, 1932, ch.
174, 47 Stat. 151.)

CODIFICATION

REFERENCES IN TEXT

CODIFICATION

Section 194 of this title, referred to in text, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 644.

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

CODIFICATION
Provision of this section that section 193 of this title
was amended to include deposits of potassium was
omitted from this section as executed to section 193 of
this title.
Section was not enacted as part of act Feb. 25, 1920,
ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,
which comprises this chapter.

CHAPTER 4—LEASE OF GOLD, SILVER, OR
QUICKSILVER
DEPOSITS
WHEN
TITLE
CONFIRMED BY COURT OF PRIVATE LAND
CLAIMS
Sec.

291.

AMENDMENTS
1946—Act Aug. 8, 1946, struck out reference to section
181 of this title.
SAVINGS PROVISION
See note set out under section 181 of this title.

§ 286. Disposition of royalties and rents from potassium leases
All money received from royalties and rentals
from any lease issued or renewed under the provisions of subchapter VII of chapter 3 of this
title, shall be paid into, reserved, and appropriated as follows: 521⁄2 per centum to the Reclamation Fund, 10 per centum to the Treasury of
the United States as miscellaneous receipts, and
371⁄2 per centum shall be paid by the Secretary of
the Treasury, after the expiration of each fiscal
year, to the State within the boundaries of
which the leased lands or deposits are or were
located, such money to be used by such State or
subdivision thereof for the construction and
maintenance of public roads or for the support
of schools or other public educational institutions, as the legislature of the State may direct.
(Feb. 7, 1927, ch. 66, § 6, 44 Stat. 1058; June 1, 1948,
ch. 356, 62 Stat. 279.)
REFERENCES IN TEXT
Subchapter VII of chapter 3, referred to in text, was
in the original ‘‘the Act entitled ‘An Act to authorize
exploration for and disposition of potassium’ approved
October 2, 1917’’, meaning act Oct. 2, 1917, ch. 62, 40
Stat. 297, which was classified to subchapter VII (§ 141
et seq.) of chapter 3 of this title and which was repealed
by act Feb. 7, 1927, ch. 66, § 6, 44 Stat. 1058.
1 See

References in Text note below.

292.
293.

Lease of gold, silver, or quicksilver deposits
on lands title to which confirmed by Court
of Private Land Claims.
Royalties and rentals; disposition.
Duties of Secretary of the Interior.

§ 291. Lease of gold, silver, or quicksilver deposits on lands title to which confirmed by
Court of Private Land Claims
All gold, silver, or quicksilver deposits, or
mines or minerals of the same on lands embraced within any land claim confirmed or hereafter confirmed by decree of the Court of Private Land Claims, and which did not convey the
mineral rights to the grantee by the terms of
the grant, and to which such grantee has not become otherwise entitled in law or in equity, may
be leased by the Secretary of the Interior to the
grantee, or to those claiming through or under
him, for a period of twenty years, with the preferential right in the lessee to renew the same
for successive periods of ten years, upon such
reasonable terms and conditions as may be prescribed by the Secretary of the Interior, unless
otherwise provided by law at the time of the expiration of such periods.
(June 8, 1926, ch. 503, § 1, 44 Stat. 710.)
§ 292. Royalties and rentals; disposition
For the privilege of mining or extracting the
gold, silver, or quicksilver deposits in the land
covered by such lease, the lessee shall pay to the
United States a royalty, which shall not be less
than 5 per centum nor more than 121⁄2 per centum of the net value of the output of the gold,
silver, or quicksilver at the mine, due and payable at the end of each month succeeding that of
the extraction of the minerals from the mine.
All moneys received from royalties and rentals

§ 293

TITLE 30—MINERAL LANDS AND MINING

under the provisions of this chapter shall be deposited in the Treasury of the United States,
and disposed of in the same manner as rentals
and royalties under the provisions of section 191
of this title.
(June 8, 1926, ch. 503, § 2, 44 Stat. 710.)
§ 293. Duties of Secretary of the Interior
The Secretary of the Interior is hereby authorized to perform any and all acts and to
make such rules and regulations as may be necessary and proper for the purpose of carrying
this chapter into full force and effect.
(June 8, 1926, ch. 503, § 3, 44 Stat. 710.)
CHAPTER 5—LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND
OTHER RIGHTS-OF-WAY
Sec.

301.
302.
303.
304.
305.
306.

Authorization for lease of oil and gas deposits; by and to whom leased.
Assignment of lease; subletting.
Conditions precedent to award of lease; preferred class; bidding.
Provisions authorized in lease.
Royalties under lease.
Rules and regulations.

§ 301. Authorization for lease of oil and gas deposits; by and to whom leased

Page 88

same time to submit its bid or offer as to the
amount or percentage of royalty it will agree to
pay, if a lease for the extraction of the oil and
gas deposits under the right of way be awarded
to the holder of such right of way. In case of
competing offers by the said parties in interest,
the Secretary shall award the right to extract
the oil and gas to the bidder, duly qualified,
making the offer in his opinion most advantageous to the United States. In case but one bid
or offer is received after notice duly given, he
may, in his discretion, award the right to extract the oil and gas to such bidder.
(May 21, 1930, ch. 307, § 3, 46 Stat. 374.)
§ 304. Provisions authorized in lease
Any lease granted by the Secretary of the Interior pursuant to this chapter may, in the discretion of said Secretary, contain a provision
giving the lessee the right, with the approval of
said Secretary, to shut down the operation of
any well or wells the operation of which has become unprofitable, to resume operations when
such resumption may result in profit, and to
abandon any well or wells that cease to produce
oil and/or gas in paying quantities.
(May 21, 1930, ch. 307, § 4, 46 Stat. 374.)
§ 305. Royalties under lease

Whenever the Secretary of the Interior shall
deem it to be consistent with the public interest
he is authorized to lease deposits of oil and gas
in or under lands embraced in railroad or other
rights of way acquired under any law of the
United States, whether the same be a base fee or
mere easement: Provided, That, except as hereinafter authorized, no lease shall be executed hereunder except to the municipality, corporation,
firm, association, or individual by whom such
right of way was acquired, or to the lawful successor, assignee, or transferee of such municipality, corporation, firm, association, or individual.

The royalty to be paid to the United States
under any lease to be issued, or agreement made
pursuant to this chapter, shall be determined by
the Secretary of the Interior, in no case to be
less than 121⁄2 per centum in amount or value of
the production, nor for more than twenty years:
Provided, That when the oil or gas is produced
from land adjacent to the right of way the
amount or value of the royalty to be paid to the
United States shall be within the discretion of
the Secretary of the Interior: Provided further,
That when the daily average production of any
oil well does not exceed ten barrels per day said
Secretary may, in his discretion, reduce the royalty on subsequent production.

(May 21, 1930, ch. 307, § 1, 46 Stat. 373.)

(May 21, 1930, ch. 307, § 5, 46 Stat. 374.)

§ 302. Assignment of lease; subletting

§ 306. Rules and regulations

The right conferred by this chapter may, subject to the approval of the Secretary of the Interior, be assigned or sublet by the owner thereof
to any corporation, firm, association, or individual.

The Secretary of the Interior is authorized and
directed to adopt rules and regulations governing the exercise of the discretion and authority
conferred by this chapter, which rules and regulations shall constitute a part of any application
or lease hereunder.

(May 21, 1930, ch. 307, § 2, 46 Stat. 373.)
§ 303. Conditions precedent to award of lease;
preferred class; bidding
Prior to the award of any lease under section
301 of this title, the Secretary of the Interior
shall notify the owner or lessee of adjoining
lands and allow him a reasonable time, to be
fixed in the notice given, within which to submit an offer or bid of the amount or percentage
of compensatory royalty that such owner will
agree to pay for the extraction through wells on
his or its adjoining land, of the oil or gas under
and from such adjoining right of way, and at the
same time afford the holder of the railroad or
other right of way a like opportunity within the

(May 21, 1930, ch. 307, § 6, 46 Stat. 374.)
CHAPTER 6—SYNTHETIC LIQUID FUEL
DEMONSTRATION PLANTS
§§ 321 to 325. Omitted
CODIFICATION
Section 321, acts Apr. 5, 1944, ch. 172, § 1, 58 Stat. 190;
Mar. 15, 1948, ch. 117, 62 Stat. 79; Sept. 22, 1950, ch. 988,
§ 1, 64 Stat. 905, authorized the Secretary of the Interior
for not more than eleven years to construct, maintain,
and operate plants producing synthetic liquid fuel from
coal, oil shale, agricultural and forestry products and
prescribed the size of the plants and amount of production.
Section 322, act Apr. 5, 1944, ch. 172, § 2, 58 Stat. 190,
in order to carry out the 11 year demonstration plant

Page 89

TITLE 30—MINERAL LANDS AND MINING

program, authorized laboratory research and development, acquisition by purchase of license of secret processes, inventions, etc., acquisition of land, plants, etc.,
contracting for personnel, and cooperation with other
Federal and State agencies. See note for section 321
above.
Section 323, acts Apr. 5, 1944, ch. 172, § 3, 58 Stat. 191;
Oct. 31, 1951, ch. 654, § 4(2), 65 Stat. 709, related to licenses and patent rights under the 11 year demonstration plant program. See note for section 321 above.
Section 324, act Apr. 5, 1944, ch. 172, § 4, 58 Stat. 191,
provided that moneys received under this chapter for
products and royalties from the 11 year demonstration
plant program be paid into the Treasury as miscellaneous receipts and a report to Congress on all operations
under this chapter be rendered by the Secretary on or
before the first day of January of each year. See note
for section 321 above.
Section 325, act Apr. 5, 1944, ch. 172, § 5, 58 Stat. 191,
authorized the Secretary to issue rules and regulations
to carry out the 11 year demonstration plant program
under this chapter and provided that the authority and
duties of the Secretary be exercised through the Bureau of Mines. See note for section 321 above.
AUTHORIZATION OF APPROPRIATIONS
Section 6 of act Apr. 5, 1944, as amended by acts Mar.
15, 1948, and Sept. 22, 1950, § 1, authorized appropriations
of not to exceed $87,600,000 to carry out the provisions
of this chapter.
MORGANTOWN, W. VA., EXPERIMENT STATION
Section 2 of act Sept. 22, 1950, provided that out of the
$87,600,000 authorized to carry out this chapter, not to
exceed $2,600,000 be used for the construction and equipment of an experiment station in or near Morgantown,
West Virginia, for research in mining, preparation, and
utilization of coal, petroleum, natural gas, peat, and
other minerals.

CHAPTER 7—LEASE OF MINERAL DEPOSITS
WITHIN ACQUIRED LANDS
Sec.

351.
352.
353.

354.
355.
356.

357.
358.
359.
360.

Definitions.
Deposits subject to lease; consent of department heads; lands excluded.
Sale of lands unaffected; reservation of mineral rights; sale subject to prior lease; naval
petroleum reserves unaffected.
Lease of partial or future interests in deposits.
Disposition of receipts.
Furnishing description of lands and title documents; recordation of documents; authenticated copies.
State or local government rights; taxation.
Rights under prior leases; priority of pending
applications; exchange of leases.
Rules and regulations.
Authority to manage certain mineral leases.

§ 351. Definitions
As used in this chapter ‘‘United States’’ includes Alaska. ‘‘Acquired lands’’ or ‘‘lands acquired by the United States’’ include all lands
heretofore or hereafter acquired by the United
States to which the ‘‘mineral leasing laws’’ have
not been extended, including such lands acquired under the provisions of the Act of March
1, 1911 (36 Stat. 961, 16 U.S.C., sec. 552). ‘‘Secretary’’ means the Secretary of the Interior,
‘‘Mineral leasing laws’’ shall mean the Act of
October 20, 1914 (38 Stat. 741, 48 U.S.C., sec. 432);
the Act of February 25, 1920 (41 Stat. 437, 30
U.S.C., sec. 181); the Act of April 17, 1926 (44
Stat. 301, 30 U.S.C., sec. 271); the Act of February

§ 352

7, 1927 (44 Stat. 1057, 30 U.S.C., sec. 281), and all
Acts heretofore or hereafter enacted which are
amendatory of or supplementary to any of the
foregoing Acts. ‘‘Lease’’ includes ‘‘prospecting
permit’’ unless the context otherwise requires.
The term ‘‘oil’’ shall embrace all nongaseous hydrocarbon substances other than those leasable
as coal, oil shale, or gilsonite (including all
vein-type solid hydrocarbons).
(Aug. 7, 1947, ch. 513, § 2, 61 Stat. 913; Pub. L.
97–78, § 1(9)(a), Nov. 16, 1981, 95 Stat. 1072.)
REFERENCES IN TEXT
Act of March 1, 1911, referred to in text, is act Mar.
1, 1911, ch. 186, 36 Stat. 961, as amended, known as the
Weeks Law, which is classified to sections 480, 500, 513
to 519, 521, 552, and 563 of Title 16, Conservation. For
complete classification of this Act to the Code, see
Short Title note set out under section 552 of Title 16
and Tables.
Act of October 20, 1914, referred to in text, is act Oct.
20, 1914, ch. 330, 38 Stat. 741, known as the Alaska Coal
Lands Act, which was repealed by Pub. L. 86–252, § 1,
Sept. 9, 1959, 73 Stat. 490. The subject matter of this Act
is generally covered by subchapters I to VII (§ 181 et
seq.) of chapter 3A of this title. For complete classification of this Act to the Code prior to repeal, see Tables.
Act of February 25, 1920, referred to in text, is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as
the Mineral Leasing Act, which is classified generally
to chapter 3A (§ 181 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 181 of this title and Tables.
Act of April 17, 1926, referred to in text, is act Apr. 17,
1926, ch. 158, 44 Stat. 301, as amended, which is classified
generally to subchapter VIII (§ 271 et seq.) of chapter 3A
of this title. For complete classification of this Act to
the Code, see Tables.
Act of February 7, 1927, referred to in text, is act Feb.
7, 1927, ch. 66, 44 Stat. 1057, as amended, which enacted
subchapter IX (§ 281 et seq.) of chapter 3A of this title,
amended sections 181 and 193 of this title, and repealed
subchapter VII (§ 141 et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see
Tables.
AMENDMENTS
1981—Pub. L. 97–78 inserted definition of ‘‘oil’’.
SHORT TITLE
Section 1 of act Aug. 7, 1947, provided: ‘‘That this Act
[enacting this chapter] may be cited as the ‘Mineral
Leasing Act for Acquired Lands’.’’
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.
OUTER CONTINENTAL SHELF LANDS; DEFINITION
Definition of ‘‘outer Continental Shelf’’ with respect
to jurisdiction of United States, and mineral leases on
submerged lands of such shelf, see section 1331 et seq.
of Title 43, Public Lands.

§ 352. Deposits subject to lease; consent of department heads; lands excluded
Except where lands have been acquired by the
United States for the development of the mineral deposits, by foreclosure or otherwise for resale, or reported as surplus pursuant to the provisions of the Surplus Property Act of October 3,

§ 353

TITLE 30—MINERAL LANDS AND MINING

1944 (50 U.S.C., sec. 1611 and the following), all
deposits of coal, phosphate, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons),
gas, sodium, potassium, and sulfur which are
owned or may hereafter be acquired by the
United States and which are within the lands acquired by the United States (exclusive of such
deposits in such acquired lands as are (a) situated within incorporated cities, towns and villages, national parks or monuments, or (b) tidelands or submerged lands) may be leased by the
Secretary under the same conditions as contained in the leasing provisions of the mineral
leasing laws, subject to the provisions hereof.
Coal or lignite under acquired lands set apart
for military or naval purposes may be leased by
the Secretary, with the concurrence of the Secretary of Defense, to a governmental entity (including any corporation primarily acting as an
agency or instrumentality of a State) which produces electrical energy for sale to the public if
such governmental entity is located in the State
in which such lands are located. The provisions
of subchapter VIII of chapter 3A of this title
shall apply to deposits of sulfur covered by this
chapter wherever situated. No mineral deposit
covered by this section shall be leased except
with the consent of the head of the executive department, independent establishment, or instrumentality having jurisdiction over the lands
containing such deposit, or holding a mortgage
or deed of trust secured by such lands which is
unsatisfied of record, and subject to such conditions as that official may prescribe to insure the
adequate utilization of the lands for the primary
purposes for which they have been acquired or
are being administered: Provided, That nothing
in this chapter is intended, or shall be construed, to apply to or in any manner affect any
mineral rights, exploration permits, leases or
conveyances nor minerals that are or may be in
any tidelands; or submerged lands; or in lands
underlying the three mile zone or belt involved
in the case of the United States of America
against the State of California now pending on
application for rehearing in the Supreme Court
of the United States; or in lands underlying such
three mile zone or belt, or the continental shelf,
adjacent or littoral to any part of the land within the jurisdiction of the United States of America.
(Aug. 7, 1947, ch. 513, § 3, 61 Stat. 914; Pub. L.
94–377, § 12, Aug. 4, 1976, 90 Stat. 1090; Pub. L.
97–78, § 1(9)(b), Nov. 16, 1981, 95 Stat. 1072.)
REFERENCES IN TEXT
The Surplus Property Act of October 3, 1944, referred
to in text, is act Oct. 3, 1944, ch. 479, 58 Stat. 765, which
was classified principally to sections 1611 to 1646 of
Title 50, Appendix, War and National Defense, and was
repealed, effective July 1, 1949, with the exception of
sections 1622, 1631, 1637, and 1641 of Title 50, Appendix,
by act June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 Stat.
399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat.
583. Sections 1622 and 1641 were partially repealed by
the 1949 act, and section 1622 is still set out in part in
Title 50, Appendix. Section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108
Stat. 1278–1280, 1379. Section 1631 was repealed by act
June 7, 1939, ch. 190, § 6(e), as added by act July 23, 1946,
ch. 590, 60 Stat. 599, and is covered by sections 98 et seq.

Page 90

of Title 50. Section 1637 was repealed by act June 25,
1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and is
covered by section 3287 of Title 18, Crimes and Criminal
Procedure. Provisions of section 1641 not repealed by
the 1949 act were repealed by Pub. L. 87–256, § 111(a)(1),
Sept. 21, 1961, 75 Stat. 538, and are covered by chapter
33 (§ 2451 et seq.) of Title 22, Foreign Relations and
Intercourse. The provisions of the Surplus Property
Act of 1944 originally repealed by the 1949 act were covered by provisions of the 1949 act which were classified
to chapter 10 (§ 471 et seq.) of former Title 40, Public
Buildings, Property, and Works, and which were repealed and reenacted by Pub. L. 107–217, §§ 1, 6(b), Aug.
21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title
40, Public Buildings, Property, and Works.
Subchapter VIII (§ 271 et seq.) of chapter 3A of this
title, referred to in text, was in the original a reference
to the provisions of the Act of April 17, 1926 (44 Stat.
301), as heretofore or hereafter amended.
The application for rehearing in the case of the
United States of America against the State of California, referred to in text, was denied on Oct. 13, 1947, by
the Supreme Court of the United States. See 68 S. Ct.
37, 332 U.S. 787, 92 L. Ed. 370.
AMENDMENTS
1981—Pub. L. 97–78 inserted reference to gilsonite (including all vein-type solid hydrocarbons).
1976—Pub. L. 94–377 substituted ‘‘or (b)’’ for ‘‘(b) set
apart for military or naval purposes, or (c)’’ and inserted provision allowing the Secretary, with the concurrence of the Secretary of Defense, to lease coal or
lignite under lands set aside for military purposes to a
governmental entity which produces electrical energy
for sale to the public if such governmental entity is located in the State in which such lands are located.
OUTER CONTINENTAL SHELF; LEASES
Grant by Secretary of the Interior of oil, gas, and
other mineral leases on submerged lands of outer Continental Shelf, see section 1331 et seq. of Title 43, Public
Lands.

§ 353. Sale of lands unaffected; reservation of
mineral rights; sale subject to prior lease;
naval petroleum reserves unaffected
Nothing herein contained shall be deemed or
construed to (a) amend, modify, or change any
existing law authorizing or requiring the sale of
acquired lands, or (b) empower any commission,
bureau, or agency of the Government to make a
reservation of the minerals in the sale of any acquired land: Provided, That any such sale or conveyance of lands shall be made by the agency
having jurisdiction thereof, subject to any lease
theretofore made, covering the mineral deposits
underlying such lands: Provided further, That
nothing in this chapter is intended, or shall be
construed to affect in any manner any provision
of chapter 641 of title 10.
(Aug. 7, 1947, ch. 513, § 4, 61 Stat. 914.)
CODIFICATION
‘‘Chapter 641 of title 10’’ substituted in text for ‘‘the
Act of June 30, 1938 (32 Stat. 1252), amending the Act of
June 4, 1920 (41 Stat. 813)’’, which had been classified to
section 524 of former Title 34, Navy, on authority of act
Aug. 10, 1956, ch. 1041, § 49(b), 70A Stat. 640, the first section of which enacted Title 10, Armed Forces.

§ 354. Lease of partial or future interests in deposits
Where the United States does not own all of
the mineral deposits under any lands sought to
be leased and which are affected by this chapter,

Page 91

TITLE 30—MINERAL LANDS AND MINING

the Secretary is authorized to lease the interest
of the United States in any such mineral deposits when, in the judgment of the Secretary, the
public interest will be best served thereby; subject, however, to the provisions of section 352 of
this title. Where the United States does not own
any interest or owns less than a full interest in
the minerals that may be produced from any
lands sought to be leased, and which are or will
be affected by this chapter and where, under the
provisions of its acquisition, the United States
is to acquire all or any part of such mineral deposits in the future, the Secretary may lease
any interest of the United States then owned or
to be acquired in the future in the same manner
as provided in the preceding sentence.
(Aug. 7, 1947, ch. 513, § 5, 61 Stat. 914.)
§ 355. Disposition of receipts
(a) Subject to the provisions of section 35(b) of
the Mineral Leasing Act (30 U.S.C. 191(b)), all receipts derived from leases issued under the authority of this chapter shall be paid into the
same funds or accounts in the Treasury and
shall be distributed in the same manner as prescribed for other receipts from the lands affected
by the lease, the intention of this provision
being that this chapter shall not affect the distribution of receipts pursuant to legislation applicable to such lands: Provided, however, That
receipts from leases or permits for minerals in
lands set apart for Indian use, including lands
the jurisdiction of which has been transferred to
the Department of the Interior by the Executive
order for Indian use, shall be deposited in a special fund in the Treasury until final disposition
thereof by the Congress. Notwithstanding the
preceding provisions of this section, all receipts
derived from leases on lands acquired for military or naval purposes, except the naval petroleum reserves and national oil shale reserves,
shall be paid into the Treasury of the United
States and disposed of in the same manner as
provided under section 35 of the Act of February
25, 1920 (41 Stat. 450; 30 U.S.C. 191), in the case of
receipts from sales, bonuses, royalties, and rentals of the public lands under that Act [30 U.S.C.
181 et seq.].
(b) Notwithstanding any other provision of
law, any payment to a State under this section
shall be made by the Secretary of the Interior
and shall be made not later than the last business day of the month following the month in
which such moneys or associated reports are received by the Secretary of the Interior, whichever is later. The preceding sentence shall also
apply to any payment to a State derived from a
lease for mineral resources issued by the Secretary of the Interior under section 520 of title
16. The Secretary shall pay interest to a State
on any amount not paid to the State within that
time at the rate prescribed under section 1721 1
of this title from the date payment was required
to be made under this subsection until the date
payment is made.
(Aug. 7, 1947, ch. 513, § 6, 61 Stat. 915; Pub. L.
97–94, § 1, Dec. 17, 1981, 95 Stat. 1205; Pub. L.
102–486, title XXV, § 2506(a), Oct. 24, 1992, 106
1 See

References in Text note below.

§ 356

Stat. 3106; Pub. L. 103–66, title X, § 10202(a), Aug.
10, 1993, 107 Stat. 408; Pub. L. 107–76, title VII,
§ 751(e)(2), Nov. 28, 2001, 115 Stat. 739.)
REFERENCES IN TEXT
The Mineral Leasing Act, referred to in subsec. (a), is
act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which
is classified generally to chapter 3A (§ 181 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 181 of
this title and Tables.
Section 1721 of this title, referred to in subsec. (b),
was in the original ‘‘section 111 of the Federal Oil and
Gas Royalty Management Act of 1982’’, which enacted
section 1721 of this title and amended section 191 of this
title.
AMENDMENTS
2001—Subsec. (b). Pub. L. 107–76 inserted after first
sentence ‘‘The preceding sentence shall also apply to
any payment to a State derived from a lease for mineral resources issued by the Secretary of the Interior
under section 520 of title 16.’’
1993—Subsec. (a). Pub. L. 103–66 substituted ‘‘Subject
to the provisions of section 35(b) of the Mineral Leasing
Act (30 U.S.C. 191(b)), all receipts’’ for ‘‘All receipts’’ in
first sentence.
1992—Pub. L. 102–486 designated existing provisions as
subsec. (a) and added subsec. (b).
1981—Pub. L. 97–94 inserted provision that all receipts
derived from leases on lands acquired for military or
naval purposes, except the naval petroleum reserves
and national shale oil reserves, be paid into the Treasury of the United States and disposed of in the same
manner as provided under section 35 of the Act of February 25, 1920, in the case of receipts from sales, bonuses, royalties, and rentals of the public lands under
that Act.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 2 of Pub. L. 97–94 provided that: ‘‘The amendment made by the first section of this Act [amending
this section] shall take effect with respect to leases entered into after January 1, 1981.’’
OUTER CONTINENTAL SHELF; REVENUES FROM LEASES
Disposition of revenues from leases on submerged
lands of outer Continental Shelf, see sections 1337(g)
and 1338 of Title 43, Public Lands.

§ 356. Furnishing description of lands and title
documents; recordation of documents; authenticated copies
Upon request by the Secretary, the heads of
all executive departments, independent establishments, or instrumentalities having jurisdiction over any of the lands referred to in section
351 of this title shall furnish to the Secretary
the legal description of all of such lands, and all
pertinent abstracts, title papers, and other documents in the possession of such agencies concerning the status of the title of the United
States to the mineral deposits that may be
found in such lands.
Abstracts, title papers, and other documents
furnished to the Secretary under this section
shall be recorded promptly in the Bureau of
Land Management in such form as the Secretary
shall deem adequate for their preservation and
use in the administration of this chapter, whereupon the originals shall be returned promptly to
the agency from which they were received. Duly
authenticated copies of any such abstracts, title
papers, or other documents may, however, be
furnished to the Secretary, in lieu of the originals, in the discretion of the agency concerned.

TITLE 30—MINERAL LANDS AND MINING

§ 357

(Aug. 7, 1947, ch. 513, § 7, 61 Stat. 915.)
TRANSFER OF FUNCTIONS
See note set out under section 1 of this title.

§ 357. State or local government rights; taxation
Nothing contained in this chapter shall be
construed to affect the rights of the State or
other local authorities to exercise any right
which they may have with respect to properties
covered by leases issued under this chapter, including the right to levy and collect taxes upon
improvements, output of mines, or other rights,
property, or assets of any lessee of the United
States.
(Aug. 7, 1947, ch. 513, § 8, 61 Stat. 915.)
§ 358. Rights under prior leases; priority of pending applications; exchange of leases
Nothing in this chapter shall affect any rights
acquired by any lessee of lands subject to this
chapter under the law as it existed prior to August 7, 1947, and such rights shall be governed by
the law in effect at the time of their acquisition;
but any person qualified to hold a lease who, on
August 7, 1947, had pending an application for an
oil and gas lease for any lands subject to this
chapter which on the date the application was
filed was not situated within the known geologic
structure of a producing oil or gas field, shall
have a preference right over others to a lease of
such lands without competitive bidding. Any
person holding a lease on lands subject hereto,
which lease was issued prior to August 7, 1947,
shall be entitled to exchange such lease for a
new lease issued under the provisions of this
chapter, at any time prior to the expiration of
such existing lease.
(Aug. 7, 1947, ch. 513, § 9, 61 Stat. 915.)
OUTER CONTINENTAL SHELF; JURISDICTION OF UNITED
STATES; VALIDATION OF PRIOR LEASES
Jurisdiction of United States over outer Continental
Shelf, grant of leases on submerged lands thereof, and
validation of prior leases, see section 1331 et seq. of
Title 43, Public Lands.

§ 359. Rules and regulations
The Secretary of the Interior is authorized to
prescribe such rules and regulations as are necessary and appropriate to carry out the purposes
of this chapter, which rules and regulations
shall be the same as those prescribed under the
mineral leasing laws to the extent that they are
applicable.
(Aug. 7, 1947, ch. 513, § 10, 61 Stat. 915.)
REFERENCES IN TEXT
For definition of ‘‘mineral leasing laws’’, see section
351 of this title.
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior to promulgate
regulations under this chapter relating to fostering of
competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for
operations conducted on Federal leases, setting of rates
for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and dis-

Page 92

position of Federal royalty interests taken in kind,
transferred to Secretary of Energy by section 7152(b) of
Title 42, The Public Health and Welfare. Section 7152(b)
of Title 42 was repealed by Pub. L. 97–100, title II, § 201,
Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of
Energy returned to Secretary of the Interior. See
House Report No. 97–315, pp. 25, 26, Nov. 5, 1981.

§ 360. Authority to manage certain mineral leases
Each department, agency and instrumentality
of the United States which administers lands acquired by the United States with one or more
existing mineral lease shall transfer to the Secretary of the Interior the authority to administer such lease and to collect all receipts due
and payable to the United States under the
lease. In the case of lands acquired on or before
October 24, 1992, the authority to administer the
leases and collect receipts shall be transferred
to the Secretary of the Interior as expeditiously
as practicable after October 24, 1992. In the case
of lands acquired after October 24, 1992, such authority shall be vested with the Secretary at the
time of acquisition. The provisions of section 355
of this title shall apply to all receipts derived
from such leases where such receipts are due and
payable to the United States under the lease in
the same manner as such provisions apply to receipts derived from leases issued under the authority of this chapter. For purposes of this section, the term ‘‘existing mineral lease’’ means
any lease in existence at the time land is acquired by the United States. Nothing in this section shall be construed to affect the existing
surface management authority of any Federal
agency.
(Aug. 7, 1947, ch. 513, § 11, as added Pub. L.
102–486, title XXV, § 2506(b), Oct. 24, 1992, 106
Stat. 3106.)
CHAPTER 8—DEVELOPMENT OF LIGNITE
COAL RESOURCES
Sec.

401.
402.

403.
404.

Establishment of research laboratory; duties.
Acquisition of lands and property; utilization
of voluntary services; cooperation with
other Federal, State, and private agencies.
Repealed.
Establishment of an advisory committee;
composition and appointment.

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

Page 93

TITLE 30—MINERAL LANDS AND MINING
TRANSFER OF FUNCTIONS

(Mar. 25, 1948, ch. 146, § 1, 62 Stat. 85.)
TRANSFER OF FUNCTIONS
For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.
APPROPRIATIONS
Section 5 of act Mar. 25, 1948, provided that: ‘‘In order
to carry out the purposes of this Act [enacting this
chapter] there is hereby authorized to be appropriated,
out of any money in the Treasury not otherwise appropriated, the sum of (a) $750,000 for the erection and
equipment of a building or buildings, including plumbing, lighting, heating, general service, and experimental equipment and apparatus, the necessary roads,
walks, and ground improvement, and land for the site
of the building if no land is donated; and (b) $250,000 annually for the maintenance and operation of the experimental station, including personal services, supplies,
equipment, and expenses of travel and subsistence.’’

§ 402. Acquisition of lands and property; utilization of voluntary services; cooperation with
other Federal, State, and private agencies
For the purpose of this chapter the Secretary,
acting through the United States Bureau of
Mines, is authorized to acquire land and interests therein, and to accept in the name of the
United States donations of any property, real or
personal, and to utilize voluntary or uncompensated services at such laboratory. The Secretary
is authorized and directed to cooperate with
other departments or agencies of the Federal
Government, States, and State agencies and institutions, counties, municipalities, business or
other organizations, corporations, associations,
universities, scientific societies, and individuals, upon such terms and conditions as he may
prescribe.
(Mar. 25, 1948, ch. 146, § 2, 62 Stat. 85.)
TRANSFER OF FUNCTIONS
For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.

§ 403. Repealed. Pub. L. 93–608, § 1(12), Jan. 2,
1975, 88 Stat. 1969
Section, act Mar. 25, 1948, ch. 146, § 3, 62 Stat. 85, required Secretary of the Interior, acting through Bureau
of Mines, to report to Congress on activities, expenditures, etc., of laboratory.

§ 404. Establishment of an advisory committee;
composition and appointment
The Secretary of the Interior, acting through
the United States Bureau of Mines, may, in his
discretion, create and establish an advisory
committee composed of not more than six members to exercise consultative functions, when required by the Secretary, in connection with the
administration of this chapter. The said committee shall be composed of representatives of
lignite coal-mine owners, of representatives of
lignite coal-mine workers and the public in
equal number. The members of said committee
shall be appointed by the Secretary of the Interior without regard to the civil-service laws.
(Mar. 25, 1948, ch. 146, § 4, 62 Stat. 85.)

§ 411

For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of this title.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of
the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. Advisory committees established after Jan. 5, 1973,
to terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of
a committee established by the Congress, its duration
is otherwise provided for by law. See section 14 of Pub.
L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

CHAPTER 9—RARE AND PRECIOUS METALS
EXPERIMENT STATION
Sec.

411.
412.

Establishment and operation of experimental
plant.
Acquisition of lands and interests; acceptance
of money and property; disposition and use
of money.

§ 411. Establishment and operation of experimental plant
The Secretary of the Interior, acting through
the United States Bureau of Mines, is authorized
and directed to establish, equip, and maintain a
research laboratory at Reno, Nevada, for research, investigation, and as a center for information and assistance in matters pertaining to
the mining, preparation, metallurgy, use, and
conservation of the rare and precious metals of
the Sierra Nevada mining region, and pertaining
to other problems affecting the mining industry
of that region.
(June 21, 1950, ch. 338, § 1, 64 Stat. 248; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.
APPROPRIATIONS
Section 3 of act June 21, 1950, provided that: ‘‘In order
to carry out the purposes of this Act [enacting this
chapter] there is hereby authorized to be appropriated,
out of any money in the Treasury not otherwise appropriated, the sum of (a) $750,000 for the erection and
equipment of a building or buildings, including plumbing, lighting, heating, ventilation, general service,
experimental equipment and apparatus, the necessary
roads, walks, and ground improvements; and (b) $250,000
annually for the maintenance and operation of the
experiment station, including personal services, supplies, equipment, and expenses of travel and subsistence.’’

§ 412

TITLE 30—MINERAL LANDS AND MINING

§ 412. Acquisition of lands and interests; acceptance of money and property; disposition and
use of money
For the purposes of this chapter the Secretary,
acting through the United States Bureau of
Mines, is authorized to acquire land and interests therein; to receive and accept money and
property, real or personal, or interests therein,
and services as a gift, bequest, or contribution;
and may conduct activities or projects in cooperation with any person, firm, agency, or organization, Federal, State, or private. Money so
received shall be deposited in the Treasury of
the United States in a special fund or funds for
disbursement by the United States Bureau of
Mines and shall remain available for the purposes for which received and accepted until expended.
(June 21, 1950, ch. 338, § 2, 64 Stat. 248; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of this title.
For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this
title.

CHAPTER 10—COAL MINE SAFETY
REPEAL OF CHAPTER
Chapter repealed by Pub. L. 91–173, title V,
§ 509, Dec. 30, 1969, 83 Stat. 803, on the operative
date of sections 811 to 821 and 861 to 878 of this
title, which became operative ninety days after
the enactment of Pub. L. 91–173, approved Dec.
30, 1969, except that this chapter would continue to apply to any order, notice, decision,
finding or any proceedings related to such
order, notice, decision, or finding issued prior to
the operative date of sections 811 to 821 and 861
to 878 of this title.
§§ 451 to 460, 471 to 483. Repealed. Pub. L. 91–173,
title V, § 509, Dec. 30, 1969, 83 Stat. 803
Section 451, act May 7, 1941, ch. 87, title 1, § 101, formerly § 1, 55 Stat. 177; renumbered title I, § 101, July 16,
1952, ch. 877, § 4(4), 66 Stat. 710, authorized Secretary of
the Interior to make annual investigations of coal
mines to obtain information relating to health and
safety conditions.
Section 452, act May 7, 1941, ch. 87, title I, § 102, formerly § 2, 55 Stat. 178; renumbered title I, § 102, and
amended July 16, 1952, ch. 877, § 4(3), (5), (6), 66 Stat. 710,
empowered Secretary of the Interior to make inspections at any time.
Section 453, act May 7, 1941, ch. 87, title I, § 103, formerly § 3, 55 Stat. 178; renumbered title I, § 103, and
amended July 16, 1952, ch. 877, § 4(5), (7), 66 Stat. 710, authorized investigators to enter any mine affecting
interstate commerce.
Section 454, act May 7, 1941, ch. 87, title I, § 104, formerly § 4, 55 Stat. 178; renumbered title I, § 104, and
amended July 16, 1952, ch. 877, § 4(5), (7), (8), 66 Stat. 709,
provided for penalty for refusal to admit investigator.
Section 455, act May 7, 1941, ch. 87, title I, § 105, formerly § 5, 55 Stat. 178; renumbered title I, § 105, and
amended July 16, 1952, ch. 877, §§ 3, 4(5), 66 Stat. 709, 710,
provided for filing of accident information.
Section 456, act May 7, 1941, ch. 87, title I, § 106, formerly § 6, 55 Stat. 178; renumbered title I, § 106, and
amended July 16, 1952, ch. 877, § 4(3), (5), 66 Stat. 710, di-

Page 94

rected Secretary of the Interior to compile and publish
reports and to expend funds for advancement of health
and safety in mines.
Section 457, act May 7, 1941, ch. 87, title I, § 107, formerly § 7, 55 Stat. 179; renumbered title I, § 107, and
amended July 16, 1952, ch. 877, § 4(3), (5), (9), 66 Stat. 710,
provided for administration of provisions of sections 451
to 460 of this title by Bureau of Mines and directed Federal agencies to cooperate with State mine safety agencies.
Section 458, act May 7, 1941, ch. 87, title I, § 108, formerly § 8, 55 Stat. 179; renumbered title I, § 108, and
amended July 16, 1952, ch. 877, § 4(3), (5), 66 Stat. 710, authorized creation of an advisory committee and provided for its functions and composition.
Section 459, act May 7, 1941, ch. 87, title I, § 109, formerly § 9, 55 Stat. 179; renumbered title I, § 109, and
amended Oct. 28, 1949, ch. 782, § 1106(a), 63 Stat. 972; July
16, 1952, ch. 877, § 4(3), (5), 66 Stat. 710, authorized employment of personnel for administration of sections
451 to 460 of this title and set out qualification conditions.
Section 460, act May 7, 1941, ch. 87, title I, § 111, formerly 11, 55 Stat. 179; renumbered title I, § 110, and
amended July 16, 1952, ch. 877, § 4(3), (5), 66 Stat. 710, defined ‘‘Commerce’’ as used in sections 451 to 460 of this
title.
Section 471, act May 7, 1941, ch. 87, title II, § 201, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 692; amended
Mar. 26, 1966, Pub. L. 89–376, § 2(a), 80 Stat. 84, defined
terms as used in sections 471 to 483 of this title.
Section 472, act May 7, 1941, ch. 87, title II, § 202, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 693; amended
Mar. 26, 1966, Pub. L. 89–376, § 3(b), 80 Stat. 87, set out
provisions for annual and special instructions, directed
Federal agencies to coordinate operations with State
mine safety agencies created pursuant to enumerated
conditions and authorized any such State inspector to
enter any mine affecting commerce.
Section 473, act May 7, 1941, ch. 87, title II, § 203, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 694; amended
Mar. 26, 1966, Pub. L. 89–376, § 3(a), 80 Stat. 85, set out
procedures for withdrawal when immediate or nonimmediate dangers were found to exist in mines.
Section 474, act May 7, 1941, ch. 87, title II, § 204, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 696, set out procedures for giving notice of findings and orders.
Section 475, act May 7, 1941, ch. 87, title II, § 205, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 697; amended
Mar. 26, 1966, Pub. L. 89–376, § 3(c), (d), 80 Stat. 87, authorized continuation of Federal Coal Mine Safety
Board of Review and provided for its composition, powers, and procedures.
Section 476, act May 7, 1941, ch. 87, title II, § 206, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 699; amended
Mar. 26, 1966, Pub. L. 89–376, § 3(e), 80 Stat. 88, set out
procedures for Director of Bureau of Mines to review
applications for annulment or revision of orders closing
mines because of immediate and nonimmediate dangers.
Section 477, act May 7, 1941, ch. 87, title II, § 207, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 700; amended
June 11, 1960, Pub. L. 86–507, § 1(22), (23), 74 Stat. 201;
Mar. 26, 1966, Pub. L. 89–376, § 3(f), 80 Stat. 90, set out
procedures for review by Federal Coal Mine Safety
Board of Review of applications for annulment or revision of orders closing mines because of immediate or
nonimmediate dangers.
Section 478, act May 7, 1941, ch. 87, title II, § 208, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 702; amended
June 11, 1960, Pub. L. 86–507, § 1(24), 74 Stat. 201, set out
procedures for judicial review of orders by Federal Coal
Mine Safety Board of Review.
Section 479, act May 7, 1941, ch. 87, title II, § 209, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 703, set out mandatory mine safety provisions respecting roof support,
ventilation, coal dust and rock dust, electrical equipment, fire protection, and other miscellaneous matters.
Section 480, act May 7, 1941, ch. 87, title II, § 210, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 708; amended

Page 95

TITLE 30—MINERAL LANDS AND MINING

Mar. 26, 1966, Pub. L. 89–376, § 4, 80 Stat. 91, set out penalties for violations of provisions of sections 473 or 476
of this title.
Section 481, act May 7, 1941, ch. 87, title II, § 211, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 708, provided for
effect on State laws of provisions of sections 471 to 483
of this title.
Section 482, act May 7, 1941, ch. 87, title II, § 212, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 709; amended
Mar. 26, 1966, Pub. L. 89–376, § 5, 80 Stat. 91, set out procedures for issuance of certificates of equipment conformity, expanded educational programs, directed Federal agencies to coordinate their activities with State
agencies to eliminate duplication of efforts, expenses
and enforcement requirements, and provided that Director annually report on administration of his functions.
Section 483, act May 7, 1941, ch. 87, title II, § 213, as
added July 16, 1952, ch. 877, § 1, 66 Stat. 709, provided
that Administrative Procedure Act was not to be applicable to provisions of sections 471 to 483 of this title.
For subject matter formerly contained in this chapter, see section 801 et seq. of this title.

CHAPTER 11—MINING CLAIMS ON LANDS
SUBJECT TO MINERAL LEASING LAWS
Sec.

501.
502.
503.
504.
505.

Mining claims located between July 31, 1939,
and January 1, 1953.
Reservation of minerals to the United States;
rights of entry, disposition and removal.
Reservations required by law; atomic energy
materials.
Power to make arrangements respecting
atomic energy materials as unaffected.
‘‘Mineral leasing laws’’ defined.

§ 501. Mining claims located between July 31,
1939, and January 1, 1953
(a) Force and effect
Subject to the provisions of this chapter and
to any valid intervening rights acquired under
laws of the United States, any mining claim located under the mining laws of the United
States subsequent to July 31, 1939, and prior to
January 1, 1953, on lands of the United States
which were, at the time of such location—
(1) included in a permit or lease issued under
the mineral leasing laws; or
(2) covered by an application or offer for a
permit or lease which had been filed under the
mineral leasing laws; or
(3) known to be valuable for minerals subject
to disposition under the mineral leasing laws;
shall be effective to the same extent as if such
mining claim had been located on lands which
were at the time of such location subject to location under the mining laws of the United
States: Provided, however, That in order to obtain the benefits of this chapter, the owner of
any such mining claim shall, not later than one
hundred and twenty days after August 12, 1953,
post on such claim in the manner required for
posting notice of location of mining claims and
file for record in the office where the notice or
certificate of location of such claim is of record
an amended notice of location of such claim,
stating that such notice is filed pursuant to the
provisions of this chapter and for the purpose of
obtaining the benefits thereof.
(b) Labor and improvement
Labor performed or improvements made upon
or for the benefit of such mining claims after

§ 503

the original location thereof shall be recognized
as applicable thereto for all purposes to the
same extent as labor performed and improvements made upon or for the benefit of mining
claims which are not affected by this chapter.
(c) Withdrawal or reservation
Any withdrawal or reservation made after the
original location of such mining claim affecting
land covered by such mining claim is modified
and amended so that the effect thereof upon
such mining claim shall be the same as if such
mining claim had been located upon lands of the
United States, which, subsequent to July 31,
1939, and prior to the date of such withdrawal,
were subject to location under the mining laws
of the United States.
(Aug. 12, 1953, ch. 405, § 1, 67 Stat. 539.)
§ 502. Reservation of minerals to the United
States; rights of entry, disposition and removal
Any mining claim given force and effect as
provided in section 501 of this title shall be subject to the reservation to the United States of
all minerals which, upon August 12, 1953, are
provided in the mineral leasing laws to be disposed of thereunder, and the right of the United
States, its lessees, permittees, and licensees, to
enter upon the land covered by such mining
claim to prospect for, mine, treat, store, and remove such minerals, and to use so much of the
surface and subsurface of such mining claim as
may be necessary for such purposes, and to enter
upon such land whenever reasonably necessary
for the purpose of prospecting for, mining, treating, storing, and removing such minerals on and
from other lands of the United States; and any
patent issued for any such mining claim shall
contain such reservation.
(Aug. 12, 1953, ch. 405, § 2, 67 Stat. 539.)
REFERENCES IN TEXT
For definition of ‘‘mineral leasing laws’’, see section
505 of this title.

§ 503. Reservations required by law; atomic energy materials
The rights under any mining claim given force
and effect by this chapter shall also be subject
to the reservation to the United States specified
in section 5(b)(7) of the Atomic Energy Act of
1946, as amended, and, in addition, any reservation or reservations required by any other provision or provisions of law; and any patent issued
for such mining claim shall contain such reservations.
(Aug. 12, 1953, ch. 405, § 3, 67 Stat. 540.)
REFERENCES IN TEXT
Section 5(b)(7) of the Atomic Energy Act of 1946, as
amended, referred to in text, was formerly classified to
section 1805(b)(7) of Title 42, The Public Health and
Welfare, and prohibited any benefit to a person from
confidential information acquired from participation in
development of atomic energy program respecting deposits of fissionable source materials on public lands.
Such provisions are covered in section 68(a), (b) of the
Atomic Energy Act of 1954, as amended, which is classified to section 2098(a), (b) of Title 42.

§ 504

TITLE 30—MINERAL LANDS AND MINING

§ 504. Power to make arrangements respecting
atomic energy materials as unaffected
Except as this chapter provides for (a) validation of certain mining claims located on lands
described in section 501 of this title, and (b) the
modification and amendment of certain withdrawals or reservations of land, nothing in this
chapter shall affect any power or authority duly
vested in the Atomic Energy Commission or any
other agency, department or officer of the
United States to make leases, withdrawals, reservations or other arrangements with respect to
source materials as defined in section 5(b)(1) of
the Atomic Energy Act of 1946, as amended.
(Aug. 12, 1953, ch. 405, § 4, 67 Stat. 540.)
REFERENCES IN TEXT
Section 5(b)(1) of the Atomic Energy Act of 1946, as
amended, referred to in text, was formerly classified to
section 1805(b)(1) of Title 42, The Public Health and
Welfare, and defined ‘‘source material’’. Such term is
defined in section 11(z) of the Atomic Energy Act of
1954, as amended, which is classified to section 2014(z) of
Title 42.
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions
transferred by sections 5814 and 5841 of Title 42, The
Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.

§ 505. ‘‘Mineral leasing laws’’ defined
As used in this chapter ‘‘mineral leasing laws’’
shall mean the Act of October 20, 1914 (38 Stat.
741); the Act of February 25, 1920 (41 Stat. 437) [30
U.S.C. 181 et seq.]; the Act of April 17, 1926 (44
Stat. 301) [30 U.S.C. 271 et seq.]; the Act of February 7, 1927 (44 Stat. 1057) [30 U.S.C. 281 et seq.]
and all Acts heretofore or hereafter enacted
which are amendatory of or supplementary to
any of the foregoing Acts.
(Aug. 12, 1953, ch. 405, § 5, 67 Stat. 540.)
REFERENCES IN TEXT
Act of October 20, 1914, referred to in text, is act Oct.
20, 1914, ch. 330, 38 Stat. 741, known as the Alaska Coal
Lands Act, which was repealed by Pub. L. 86–252, § 1,
Sept. 9, 1959, 73 Stat. 490. The subject matter of this Act
is generally covered by subchapters I to VII (§ 181 et
seq.) of chapter 3A of this title. For complete classification of this Act to the Code prior to repeal, see Tables.
Act of February 25, 1920, referred to in text, is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as
the Mineral Leasing Act, which is classified generally
to chapter 3A (§ 181 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 181 of this title and Tables.
Act of April 17, 1926, referred to in text, is act Apr. 17,
1926, ch. 158, 44 Stat. 301, as amended, which is classified
generally to subchapter VIII (§ 271 et seq.) of chapter 3A
of this title. For complete classification of this Act to
the Code, see Tables.
Act of February 7, 1927, referred to in text, is act Feb.
7, 1927, ch. 66, 44 Stat. 1057, as amended, which enacted
subchapter IX (§ 281 et seq.) of chapter 3A of this title,
amended sections 181 and 193 of this title, and repealed
subchapter VII (§ 141 et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see
Tables.

CHAPTER 12—MULTIPLE MINERAL
DEVELOPMENT OF THE SAME TRACTS
Sec.

521.

Mineral leasing claims.

Page 96

Sec.

522.
523.
524.
525.
526.
527.
528.
529.
530.
531.

Conflicting periods of location of claims.
Uranium leases.
Reservation of minerals to United States.
Future location of claims on mineral lands.
Mining and Leasing Act operations.
Determination of unpatented mining claims.
Waiver and relinquishment of mineral rights.
Helium lands subject to entry.
Definitions.
Approval of United States officials.

§ 521. Mineral leasing claims
(a) Preference categories
Subject to the conditions and provisions of
this chapter and to any valid intervening rights
acquired under the laws of the United States,
any mining claim located under the mining laws
of the United States subsequent to July 31, 1939,
and prior to February 10, 1954, on lands of the
United States, which at the time of location
were—
(1) included in a permit or lease issued under
the mineral leasing laws; or
(2) covered by an application or offer for a
permit or lease which had been filed under the
mineral leasing laws; or
(3) known to be valuable for minerals subject
to disposition under the mineral leasing laws,
shall be effective to the same extent in all respects as if such lands at the time of location,
and at all times thereafter, had not been so included or covered or known: Provided, however,
That, in order to be entitled to the benefits of
this chapter, the owner of any such mining
claim located prior to January 1, 1953, must
have posted and filed for record, within the time
allowed by the provisions of chapter 11 of this
title, an amended notice of location as to such
mining claim, stating that such notice was filed
pursuant to the provisions of said chapter 11 and
for the purpose of obtaining the benefits thereof:
And provided further, That in order to obtain the
benefits of this chapter, the owner of any such
mining claim located subsequent to December
31, 1952, and prior to February 10, 1954, not later
than one hundred and twenty days after August
13, 1954, must post on such claim in the manner
required for posting notice of location of mining
claims and file for record in the office where the
notice or certificate of location of such claim is
of record an amended notice of location for such
claim, stating that such notice is filed pursuant
to the provisions of this chapter and for the purpose of obtaining the benefits thereof and, within said one hundred and twenty day period, if
such owner shall have filed a uranium lease application as to the tract covered by such mining
claim, must file with the Atomic Energy Commission a withdrawal of such uranium lease application or, if a uranium lease shall have issued
pursuant thereto, a release of such lease, and
must record a notice of the filing of such withdrawal or release in the county office wherein
such notice or certificate of location shall have
been filed for record.
(b) Labor and improvements
Labor performed or improvements made after
the original location of and upon or for the benefit of any mining claim which shall be entitled
to the benefits of this chapter under the provi-

Page 97

TITLE 30—MINERAL LANDS AND MINING

sions of subsection (a) of this section, shall be
recognized as applicable to such mining claim
for all purposes to the same extent as if the validity of such mining claim were in no respect
dependent upon the provisions of this chapter.
(c) Withdrawal or reservation of lands
As to any land covered by any mining claim
which is entitled to the benefits of this chapter
under the provisions of subsection (a) of this
section, any withdrawal or reservation of lands
made after the original location of such mining
claim is hereby modified and amended so that
the effect thereof upon such mining claim shall
be the same as if such mining claim had been located upon lands of the United States which,
subsequent to July 31, 1939, and prior to the date
of such withdrawal or reservation, were subject
to location under the mining laws of the United
States.
(Aug. 13, 1954, ch. 730, § 1, 68 Stat. 708.)
SHORT TITLE
Act Aug. 13, 1954, which enacted this chapter, amended section 1805 of Title 42, The Public Health and Welfare, and enacted provisions formerly set out as a note
under section 1805 of Title 42, is popularly known as the
Multiple Mineral Development Act.
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions
transferred by sections 5814 and 5841 of Title 42, The
Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.
SEPARABILITY
Section 13 of act Aug. 13, 1954, provided that: ‘‘If any
provision of this Act [enacting this chapter], or the application of such provision to any person or circumstances, is held unconstitutional, invalid, or unenforcible [sic], the remainder of this Act or the application of
such provision to persons or circumstances other than
those as to which it is held unconstitutional, invalid,
or unenforcible [sic], shall not be affected thereby.’’

§ 522. Conflicting periods of location of claims
(a) If any mining claim which shall have been
located subsequent to December 31, 1952, and
prior to December 11, 1953, and which shall be
entitled to the benefits of this chapter, shall
cover any lands embraced within any mining
claim which shall have been located prior to
January 1, 1953, and which shall be entitled to
the benefits of this chapter, then as to such area
of conflict said mining claim so located subsequent to December 31, 1952, shall be deemed to
have been located December 11, 1953.
(b) If any mining claim hereafter located shall
cover any lands embraced within any mining
claim which shall have been located prior to
February 10, 1954, and which shall be entitled to
the benefits of this chapter, then as to such area
of conflict said mining claim hereafter located
shall be deemed to have been located one hundred and twenty-one days after August 13, 1954.
(Aug. 13, 1954, ch. 730, § 2, 68 Stat. 709.)
§ 523. Uranium leases
(a) Right to locate mining claims
Subject to the conditions and provisions of
this chapter and to any valid prior rights ac-

§ 523

quired under the laws of the United States, the
owner of any pending uranium lease application
or of any uranium lease shall have, for a period
of one hundred and twenty days after August 13,
1954, as limited in subsection (b) of this section,
the right to locate mining claims upon the lands
covered by said application or lease.
(b) Priorities and conflicting rights; termination
of rights
Any rights under any such mining claim so
hereafter located pursuant to the provisions of
subsection (a) of this section shall be subject to
any rights of the owner of any mining claim
which was located prior to February 10, 1954, and
which was valid on August 13, 1954 or which may
acquire validity under the provisions of this
chapter. As to any lands covered by a uranium
lease and also by a pending uranium lease application, the right of mining location under this
section, as between the owner of said lease and
the owner of said application, shall be deemed as
to such conflict area to be vested in the owner
of said lease. As to any lands embraced in more
than one such pending uranium lease application, such right of mining location, as between
the owners of such conflicting applications,
shall be deemed to be vested in the owner of the
prior application. Priority of such an application shall be determined by the time of posting
on a tract then available for such leasing of a
notice of lease application in accordance with
paragraph (c) of the Atomic Energy Commission’s Domestic Uranium Program Circular 7 (10
C.F.R. 60.7 (c)) provided there shall have been
timely compliance with the other provisions of
said paragraph (c) or, if there shall not have
been such timely compliance, then by the time
of the filing of the uranium lease application
with the Atomic Energy Commission. Any
rights under any mining claim located under the
provisions of this section shall terminate at the
expiration of thirty days after the filing for
record of the notice or certificate of location of
such mining claim unless, within said thirty-day
period, the owner of the uranium lease application or uranium lease upon which the location
of such mining claim was predicated shall have
filed with the Atomic Energy Commission a
withdrawal of said application or a release of
said lease and shall have recorded a notice of the
filing of such withdrawal or release in the county office wherein such notice or certificate of location shall be of record.
(c) Future claims on lands covered by application or lease
Except as otherwise provided in subsections
(a) and (b) of this section, no mining claim hereafter located shall be valid as to any lands
which at the time of such location were covered
by a uranium lease application or a uranium
lease. Any tract upon which a notice of lease application has been posted in accordance with
said paragraph (c) of said Circular 7 shall be
deemed to have been included in a uranium lease
application from and after the time of the posting of such notice of lease application: Provided,
That there shall have been timely compliance
with the other provisions of said paragraph (c)
or, if there shall not have been such timely compliance, then from and after the time of the fil-

§ 524

TITLE 30—MINERAL LANDS AND MINING

ing of a uranium lease application with the
Atomic Energy Commission.
(Aug. 13, 1954, ch. 730, § 3, 68 Stat. 709.)
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions
transferred by sections 5814 and 5841 of Title 42, The
Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.

§ 524. Reservation of minerals to United States
Every mining claim or millsite—
(1) heretofore located under the mining laws
of the United States which shall be entitled to
benefits under sections 521 to 523 of this title;
or
(2) located under the mining laws of the
United States after August 13, 1954 shall be
subject, prior to issuance of a patent therefor,
to a reservation to the United States of all
Leasing Act minerals and of the right (as limited in section 526 of this title) of the United
States, its lessees, permittees, and licensees to
enter upon the land covered by such mining
claim or millsite and to prospect for, drill for,
mine, treat, store, transport, and remove
Leasing Act minerals and to use so much of
the surface and subsurface of such mining
claim or millsite as may be necessary for such
purposes, and whenever reasonably necessary,
for the purpose of prospecting for, drilling for,
mining, treating, storing, transporting, and
removing Leasing Act minerals on and from
other lands; and any patent issued for any
such mining claim or millsite shall contain
such reservation as to, but only as to, such
lands covered thereby which at the time of the
issuance of such patent were—
(a) included in a permit or lease issued
under the mineral leasing laws; or
(b) covered by an application or offer for a
permit or lease filed under the mineral leasing laws; or
(c) known to be valuable for minerals subject to disposition under the mineral leasing
laws.
(Aug. 13, 1954, ch. 730, § 4, 68 Stat. 710.)
§ 525. Future location of claims on mineral lands
Subject to the conditions and provisions of
this chapter, mining claims and millsites may
hereafter be located under the mining laws of
the United States on lands of the United States
which at the time of location are—
(a) included in a permit or lease issued under
the mineral leasing laws; or
(b) covered by an application or offer for a
permit or lease filed under the mineral leasing
laws; or
(c) known to be valuable for minerals subject to disposition under the mineral leasing
laws;
to the same extent in all respects as if such
lands were not so included or covered or known.
(Aug. 13, 1954, ch. 730, § 5, 68 Stat. 710.)
§ 526. Mining and Leasing Act operations
(a) Multiple use
Where the same lands are being utilized for
mining operations and Leasing Act operations,

Page 98

each of such operations shall be conducted, so
far as reasonably practicable, in a manner compatible with such multiple use.
(b) Mining operations to avoid damage to mineral deposits and interference with mineral
operations
Any mining operations pursuant to rights
under any unpatented or patented mining claim
or millsite which shall be subject to a reservation to the United States of Leasing Act minerals as provided in this chapter, shall be conducted, so far as reasonably practicable, in a
manner which will avoid damage to any known
deposit of any Leasing Act mineral. Subject to
the provisions of subsection (d) of this section,
mining operations shall be so conducted as not
to endanger or materially interfere with any existing surface or underground improvements,
workings, or facilities which may have been
made for the purpose of Leasing Act operations,
or with the utilization of such improvements,
workings, or facilities.
(c) Leasing Act operations to avoid damage to
mineral deposits and interference with mining operations
Any Leasing Act operations on lands covered
by an unpatented or patented mining claim or
millsite which shall be subject to a reservation
to the United States of Leasing Act minerals as
provided in this chapter shall be conducted, so
far as reasonably practicable, in a manner which
will avoid damage to any known deposit of any
mineral not so reserved from such mining claim
or millsite. Subject to the provisions of subsection (d) of this section, Leasing Act operations shall be so conducted as not to endanger
or materially interfere with any existing surface
or underground improvements, workings, or facilities which may have been made for the purpose of mining operations, or with the utilization of such improvements, workings, or facilities.
(d) Damage or interference permitted by court
If, upon petition of either the mining operator
or the Leasing Act operator, any court of competent jurisdiction shall find that a particular
use in connection with one of such operations
cannot be reasonably and properly conducted
without endangering or materially interfering
with the then existing improvements, workings,
or facilities of the other of such operations or
with the utilization thereof, and shall find that
under the conditions and circumstances, as they
then appear, the injury or damage which would
result from denial of such particular use would
outweigh the injury or damage which would result to such then existing improvements, workings, or facilities or from interference with the
utilization thereof if that particular use were allowed, then and in such event such court may
permit such use upon payment (or upon furnishing of security determined by the court to be
adequate to secure payment) to the party or parties who would be thus injured or damaged, of an
amount to be fixed by the court as constituting
fair compensation for the then reasonably contemplated injury or damage which would result
to such then existing improvements, workings,
or facilities or from interference with the utili-

Page 99

TITLE 30—MINERAL LANDS AND MINING

zation thereof by reason of the allowance of
such particular use.
(e) Information regarding operations to be furnished on request
Where the same lands are being utilized for
mining operations and Leasing Act operations,
then upon request of the party conducting either
of said operations, the party conducting the
other of said operations shall furnish to and at
the expense of such requesting party copies of
any information which said other party may
have, as to the situs of any improvements, workings, or facilities theretofore made upon such
lands, and upon like request, shall permit such
requesting party, at the risk of such requesting
party, to have access at reasonable times to any
such improvements, workings, or facilities for
the purpose of surveying and checking or determining the situs thereof. If damage to or material interference with a party’s improvements,
workings, facilities, or with the utilization
thereof shall result from such party’s failure,
after request, to so furnish to the requesting
party such information or from denial of such
access, such failure or denial shall relieve the
requesting party of any liability for the damage
or interference resulting by reason of such failure or denial. Failure of a party to furnish requested information or access shall not impose
upon such party any liability to the requesting
party other than for such costs of court and attorney’s fees as may be allowed to the requesting party in enforcing by court action the obligations of this section as to the furnishing of information and access. The obligation hereunder
of any party to furnish requested information
shall be limited to map and survey information
then available to such party with respect to the
situs of improvements, workings, and facilities
and the furnishing thereof shall not be deemed
to constitute any representation as to the accuracy of such information.
(Aug. 13, 1954, ch. 730, § 6, 68 Stat. 710.)
§ 527. Determination
claims

of

unpatented

mining

(a) Filing of notice
Any applicant, offeror, permittee, or lessee
under the mineral leasing laws may file in the
office of the Secretary of the Interior, or in such
office as the Secretary may designate, a request
for publication of notice of such application,
offer, permit, or lease, provided expressly, that
not less than ninety days prior to the filing of
such request for publication there shall have
been filed for record in the county office of
record for the county in which the lands covered
thereby are situate a notice of the filing of such
application or offer or of the issuance of such
permit or lease which notice shall set forth the
date of such filing or issuance, the name and address of the applicant, offeror, permittee or lessee and the description of the lands covered by
such application, offer, permit or lease, showing
the section or sections of the public land surveys which embrace the lands covered by such
application, offer, permit, or lease, or if such
lands are unsurveyed, either the section or sections which would probably embrace such lands

§ 527

when the public lands surveys are extended to
such lands or a tie by courses and distances to
an approved United States mineral monument.
The filing of such request for publication shall
be accompanied by a certified copy of such recorded notice and an affidavit or affidavits of a
person or persons over twenty-one years of age
setting forth that the affiant or affiants have
examined the lands involved in a reasonable effort to ascertain whether any person or persons
were in actual possession of or engaged in the
working of such lands or any part thereof, and,
if no person or persons were found to be in actual possession of or engaged in the working of
said lands or any part thereof on the date of
such examination, setting forth such fact, or, if
any person or persons were so found to be in actual possession or engaged in such working on
the date of such examination, setting forth the
name and address of each such person, unless affiant shall have been unable through reasonable
inquiry to obtain information as to the name
and address of any such person, in which event
the affidavit shall set forth fully the nature and
results of such inquiry.
The filing of such request for publication shall
also be accompanied by the certificate of a title
or abstract company, or of a title abstractor, or
of an attorney, based upon such company’s, abstractor’s, or attorney’s examination of the instruments affecting the lands involved, of record
in the public records of the county in which said
lands are situate as shown by the indices of the
public records in the county office of record for
said county, setting forth the name of any person disclosed by said instruments to have an interest in said lands under any unpatented mining claim heretofore located, together with the
address of such person if disclosed by such instruments of record.
Thereupon the Secretary of the Interior, or his
designated representative, at the expense of the
requesting person (who, prior to the commencement of publication, must furnish the agreement of the publisher to hold such requesting
person alone responsible for charges of publication), shall cause notice of such application,
offer, permit, or lease to be published in a newspaper having general circulation in the county
in which the lands involved are situate.
Such notice shall describe the lands covered
by such application, offer, permit, or lease, as
provided heretofore in the notice to be filed in
the office of record of the county in which the
lands covered are situate, and shall notify
whomever it may concern that if any person
claiming or asserting under, or by virtue of, any
unpatented mining claim heretofore located,
any right or interest in Leasing Act minerals as
to such lands or any part thereof, shall fail to
file in the office where such request for publication was filed (which office shall be specified in
such notice) and within one hundred fifty days
from the date of the first publication of such notice (which date shall be specified in such notice), a verified statement which shall set forth,
as to such unpatented mining claim:
(1) The date of location;
(2) The book and page of recordation of the
notice or certificate of location;
(3) The section or sections of the public land
surveys which embrace such mining claim; or

§ 527

TITLE 30—MINERAL LANDS AND MINING

if such lands are unsurveyed, either the section or sections which would probably embrace such mining claim when the public land
surveys are extended to such lands or a tie by
courses and distances to an approved United
States mineral monument;
(4) Whether such claimant is a locator or
purchaser under such location; and
(5) The name and address of such claimant
and names and addresses so far as known to
the claimant of any other person or persons
claiming any interest or interests in or under
such unpatented mining claim;
such failure shall be conclusively deemed (i) to
constitute a waiver and relinquishment by such
mining claimant of any and all right, title, and
interest under such mining claim as to, but only
as to, Leasing Act minerals, and (ii) to constitute a consent by such mining claimant that
such mining claim and any patent issued therefor, shall be subject to the reservation specified
in section 524 of this title, and (iii) to preclude
thereafter any assertion by such mining claimant of any right or title to or interest in any
Leasing Act mineral by reason of such mining
claim.
If such notice is published in a daily paper, it
shall be published in the Wednesday issue for
nine consecutive weeks, or, if in a weekly paper,
in nine consecutive issues, or, if in a semiweekly
or triweekly paper, in the issue of the same day
of each week for nine consecutive weeks.
Within fifteen days after the date of first publication of such notice, the person requesting
such publication (1) shall cause a copy of such
notice to be personally delivered to or to be
mailed by registered mail or by certified mail
addressed to each person in possession or engaged in the working of the land whose name
and address is shown by an affidavit filed as
aforesaid, and to each person who may have
filed, as to any lands described in said notice, a
request for notices, as provided in subsection (d)
of this section, and shall cause a copy of such
notice to be mailed by registered mail or by certified mail to each person whose name and address is set forth in the title or abstract company’s or title abstractor’s or attorney’s certificate filed as aforesaid, as having an interest in
the lands described in said notice under any unpatented mining claim heretofore located, such
notice to be directed to such person’s address as
set forth in such certificate; and (2) shall file in
the office where said request for publication was
filed an affidavit showing that copies have been
so delivered or mailed.
(b) Failure to file verified statement
If any claimant under any unpatented mining
claim heretofore located which embraces any of
the lands described in any notice published in
accordance with the provisions of subsection (a)
of this section shall fail to file a verified statement, as above provided, within one hundred and
fifty days from the date of the first publication
of such notice, such failure shall be conclusively
deemed, except as otherwise provided in subsection (e) of this section, (i) to constitute a
waiver and relinquishment by such mining
claimant of any and all right, title, and interest
under such mining claim as to, but only as to,

Page 100

Leasing Act minerals, and (ii) to constitute a
consent by such mining claimant that such mining claim and any patent issued therefor, shall
be subject to the reservation specified in section
524 of this title, and (iii) to preclude thereafter
any assertion by such mining claimant of any
right or title to or interest in any Leasing Act
mineral by reason of such mining claim.
(c) Hearings
If any verified statement shall be filed by a
mining claimant as provided in subsection (a) of
this section, then the Secretary of the Interior
or his designated representative shall fix a time
and place for a hearing to determine the validity
and effectiveness of the mining claimant’s asserted right or interest in Leasing Act minerals,
which place of hearing shall be in the county
where the lands in question or parts thereof are
located, unless the mining claimant agrees
otherwise. The procedures with respect to notice
of such a hearing and the conduct thereof, and
in respect to appeals shall follow the then established general procedures and rules of practice
of the Department of the Interior in respect to
contests or protests affecting public lands of the
United States. If, pursuant to such a hearing the
final decision rendered in the matter shall affirm the validity and effectiveness of any mining claimant’s right or interest under the mining claim as to Leasing Act minerals, then no
subsequent proceedings under this section shall
have any force or effect upon the so-affirmed
right or interest of such mining claimant under
such mining claim. If at any time prior to a
hearing the person requesting publication of notice and any person filing a verified statement
pursuant to such notice shall so stipulate, then
to the extent so stipulated, but only to such extent, no hearing shall be held with respect to
rights asserted under that verified statement,
and to the extent defined by the stipulation the
rights asserted under that verified statement
shall be deemed to be unaffected by that particular published notice.
(d) Request for copy of notice
Any person claiming any right in Leasing Act
minerals under or by virtue of any unpatented
mining claim heretofore located and desiring to
receive a copy of any notice of any application,
offer, permit, or lease which may be published as
above provided in subsection (a) of this section,
and which may affect lands embraced in such
mining claim, may cause to be filed for record in
the county office of record where the notice or
certificate of location of such mining claim
shall have been recorded, a duly acknowledged
request for a copy of any such notice. Such request for copies shall set forth the name and address of the person requesting copies and shall
also set forth, as to each mining claim under
which such person asserts rights in Leasing Act
minerals:
(1) the date of location;
(2) the book and page of the recordation of
the notice or certificate of location; and
(3) the section or sections of the public land
surveys which embrace such mining claim; or
if such lands are unsurveyed, either the section or sections which would probably embrace such mining claim when the public land

Page 101

TITLE 30—MINERAL LANDS AND MINING

surveys are extended to such lands or a tie by
courses and distances to an approved United
States mineral monument.
Other than in respect to the requirements of
subsection (a) of this section as to personal delivery or mailing of copies of notices and in respect to the provisions of subsection (e) of this
section, no such request for copies of published
notices and no statement or allegation in such
request and no recordation thereof shall affect
title to any mining claim or to any land or be
deemed to constitute constructive notice to any
person that the person requesting copies has, or
claims, any right, title, or interest in or under
any mining claim referred to in such request.
(e) Failure to deliver or mail copy of notice
If any applicant, offeror, permittee, or lessee
shall fail to comply with the requirements of
subsection (a) of this section as to the personal
delivery or mailing of a copy of notice to any
person, the publication of such notice shall be
deemed wholly ineffectual as to that person or
as to the rights asserted by that person and the
failure of that person to file a verified statement, as provided in such notice, shall in no
manner affect, diminish, prejudice or bar any
rights of that person.
(Aug. 13, 1954, ch. 730, § 7, 68 Stat. 711; Pub. L.
86–507, § 1(25), June 11, 1960, 74 Stat. 201.)
AMENDMENTS
1960—Subsec. (a). Pub. L. 86–507 inserted ‘‘or by certified mail’’ after ‘‘registered mail’’ in two places in
last paragraph.

§ 528. Waiver and relinquishment of mineral
rights
The owner or owners of any mining claim
heretofore located may, at any time prior to issuance of patent therefor, waive and relinquish
all rights thereunder to Leasing Act minerals.
The execution and acknowledgment of such a
waiver and relinquishment by such owner or
owners and the recordation thereof in the office
where the notice or certificate of location of
such mining claim is of record shall render such
mining claim thereafter subject to the reservation referred to in section 524 of this title and
any patent issued therefor shall contain such a
reservation, but no such waiver or relinquishment shall be deemed in any manner to constitute any concession as to the date of priority
of rights under said mining claim or as to the
validity thereof.
(Aug. 13, 1954, ch. 730, § 8, 68 Stat. 715.)
§ 529. Helium lands subject to entry
Lands withdrawn from the public domain
which are within (a) Helium Reserve Numbered
1, pursuant to Executive orders of March 21,
1924, and January 28, 1926, and (b) Helium Reserve Numbered 2 pursuant to Executive Order
6184 of June 26, 1933, shall be subject to entry
and location under the mining laws of the
United States, and to permit and lease under the
mineral leasing laws, upon determination by the
Secretary of the Interior, based upon available
geologic and other information, that there is no
reasonable probability that operations pursuant

§ 530

to entry or location of the particular lands
under the mining laws, or pursuant to a permit
or lease of the particular lands under the Mineral Leasing Act [30 U.S.C. 181 et seq.], will result in the extraction or cause loss or waste of
the helium-bearing gas in the lands of such reserves: Provided, That the lands shall not become subject to entry, location, permit or lease
until such time as the Secretary designates in
an order published in the Federal Register: And
provided further, That the Secretary may at any
time as a condition to continued mineral operations require the entryman, locator, permittee
or lessee to take such measures either above or
below the surface of the lands as the Secretary
deems necessary to prevent loss or waste of the
helium-bearing gas.
(Aug. 13, 1954, ch. 730, § 9, 68 Stat. 715.)
REFERENCES IN TEXT
The Mineral Leasing Act, referred to in text, is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which is
classified generally to chapter 3A (§ 181 et seq.) of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 181 of
this title and Tables.

§ 530. Definitions
As used in this chapter ‘‘mineral leasing laws’’
shall mean the Act of February 25, 1920 (41 Stat.
437) [30 U.S.C. 181 et seq.]; the Act of April 17,
1926 (44 Stat. 301) [30 U.S.C. 271 et seq.]; the Act
of February 7, 1927 (44 Stat. 1057) [30 U.S.C. 281 et
seq.]; Geothermal Steam Act of 1970 [30 U.S.C.
1001 et seq.]; and all Acts heretofore or hereafter
enacted which are amendatory of or supplementary to any of the foregoing Acts; ‘‘Leasing
Act minerals’’ shall mean all minerals which,
upon August 13, 1954, are provided in the mineral
leasing laws to be disposed of thereunder and all
geothermal steam and associated geothermal resources which, upon the effective date of the
Geothermal Steam Act of 1970, are provided in
that Act to be disposed of thereunder; ‘‘Leasing
Act operations’’ shall mean operations conducted under a lease, permit, or license issued
under the mineral leasing laws in or incidental
to prospecting for, drilling for, mining, treating,
storing, transporting, or removing Leasing Act
minerals; ‘‘mining operations’’ shall mean operations under any unpatented or patented mining
claim or millsite in or incidental to prospecting
for, mining, treating, storing, transporting, or
removing minerals other than Leasing Act minerals and any other use under any claim of right
or title based upon such mining claim or millsite; ‘‘Leasing Act operator’’ shall mean any
party who shall conduct Leasing Act operations;
‘‘mining operator’’ shall mean any party who
shall conduct mining operations; ‘‘Atomic Energy Act’’ shall mean the Act of August 1, 1946
(60 Stat. 755), as amended [42 U.S.C. 2011 et seq.];
‘‘Atomic Energy Commission’’ shall mean the
United States Atomic Energy Commission established under the Atomic Energy Act or any
amendments thereof; ‘‘fissionable source material’’ shall mean uranium, thorium, and all
other materials referred to in section 5(b)(1) of
the Atomic Energy Act, as amended, as reserved
or to be reserved to the United States; ‘‘uranium
lease application’’ shall mean an application for

§ 531

TITLE 30—MINERAL LANDS AND MINING

a uranium lease filed with said Commission with
respect to lands which would be open for entry
under the mining laws except for their being
lands embraced within an offer, application, permit, or lease under the mineral leasing laws or
lands known to be valuable for minerals leasable
under those laws; ‘‘uranium lease’’ shall mean a
uranium mining lease issued by said Commission with respect to any such lands; and ‘‘person’’ shall mean any individual, corporation,
partnership, or other legal entity.
(Aug. 13, 1954, ch. 730, § 11, 68 Stat. 716; Pub. L.
91–581, § 26, Dec. 24, 1970, 84 Stat. 1573; Pub. L.
109–58, title II, § 236(24), Aug. 8, 2005, 119 Stat.
673.)
REFERENCES IN TEXT
Act of February 25, 1920, referred to in text, is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as
the Mineral Leasing Act, which is classified generally
to chapter 3A (§ 181 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 181 of this title and Tables.
Act of April 17, 1926, referred to in text, is act Apr. 17,
1926, ch. 158, 44 Stat. 301, as amended, which is classified
generally to subchapter VIII (§ 271 et seq.) of chapter 3A
of this title. For complete classification of this Act to
the Code, see Tables.
Act of February 7, 1927, referred to in text, is act Feb.
7, 1927, ch. 66, 44 Stat. 1057, as amended, which enacted
subchapter IX (§ 281 et seq.) of chapter 3A of this title,
amended sections 181 and 193 of this title, and repealed
subchapter VII (§ 141 et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see
Tables.
The Geothermal Steam Act of 1970, referred to in
text, is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566, which
is classified principally to chapter 23 (§ 1001 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of
this title and Tables.
The effective date of the Geothermal Steam Act of
1970, referred to in text, probably means the date of enactment of Pub. L. 91–581, which was approved Dec. 24,
1970.
The Atomic Energy Act, referred to in text, is a reference to the Atomic Energy Act of 1946 (act Aug. 1,
1946, ch. 724, 60 Stat. 755), prior to its complete amendment and revision by act Aug. 30, 1954, ch. 1073, 68 Stat.
919, which is classified principally to chapter 23 (§ 2011
et seq.) of Title 42, The Public Health and Welfare. For
further details, see Codification note set out under sections 1801 to 1819 of Title 42 and Short Title note set
out under section 2011 of Title 42. For complete classification of this Act to the Code, see Tables.
Section 5(b)(1) of the Atomic Energy Act, as amended, referred to in text, was formerly classified to section 1805(b)(1) of Title 42 and defined ‘‘source material’’.
The term is defined in section 11(z) of the Atomic Energy Act of 1954, as amended, which is classified to section 2014(z) of Title 42.
AMENDMENTS
2005—Pub. L. 109–58 amended directory language of
Pub. L. 91–581, § 26. See 1970 Amendment note below.
1970—Pub. L. 91–581, § 26, as amended by Pub. L.
109–58, redefined ‘‘mineral leasing laws’’ to exclude ‘‘the
Act of October 20, 1914’’ and to include ‘‘Geothermal
Steam Act of 1970’’ and ‘‘Leasing Act minerals’’ to include ‘‘all geothermal steam and associated geothermal
resources which, upon the effective date of the Geothermal Steam Act of 1970, are provided in that Act to
be disposed of thereunder’’.
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions
transferred by sections 5814 and 5841 of Title 42, The

Page 102

Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.

§ 531. Approval of United States officials
Nothing in this chapter shall be construed to
waive, amend, or repeal the requirement of any
provision of any law for approval of any official
of the United States whose approval prior to
prospecting, exploring, or mining would be required.
(Aug. 13, 1954, ch. 730, § 12, 68 Stat. 717.)
CHAPTER 12A—ENTRY AND LOCATION ON
COAL LANDS ON DISCOVERY OF SOURCE
MATERIAL
Sec.

541.

541a.
541b.
541c.
541d.
541e.
541f.
541g.
541h.
541i.

Entry and location; filing of copy of notice of
mining location; report and payment for
lignite mined; mineral patents; reservation
of minerals to United States.
Claims located prior to May 25, 1955; extralateral rights; amended notice of mining location.
Mining, removal, and disposal of lignite.
Lands where coal deposits have been reserved
to the United States.
Location of source materials by holders of
coal leases.
Definitions.
Disbursement of moneys.
Rules and regulations.
Savings provisions.
Withdrawal of lands from entry; expiration of
claims.

§ 541. Entry and location; filing of copy of notice
of mining location; report and payment for
lignite mined; mineral patents; reservation of
minerals to United States
Subject to the conditions and provisions of
this chapter and to any valid intervening rights
acquired under the laws of the United States,
public lands of the United States classified as or
known to be valuable for coal subject to disposition under the mineral leasing laws and which
are open to location and entry subject to the
conditions and provisions of chapter 12 of this
title, unless embraced within a coal prospecting
permit or lease, shall also be open to location
and entry under the mining laws of the United
States upon the discovery of a valuable source
material occurring within any seam, bed, or deposit of lignite in such lands: Provided, That a
copy of the notice of any mining location made
for source material occurring in any such bed,
seam, or deposit, shall be filed for record in the
land office of the Bureau of Land Management
for the State in which the claim is situated
within ninety days after the date of its location:
Provided further, That the claimant to any such
mining location shall report annually to the
Mining Supervisor of the Geological Survey the
amount of lignite mined or stripped in the recovery of such valuable source material during
each calendar year and tender payment to him
of 10 cents per ton thereon. Any mineral patents
issued hereunder shall be made subject to the recording and payment requirements of this section and shall contain a reservation to the
United States of all Leasing Act minerals owned
by the United States other than lignite containing valuable source material and lignite nec-

Page 103

TITLE 30—MINERAL LANDS AND MINING

essary to be stripped or mined in the recovery of
such material. Mining claims located and mineral patents issued under the provisions of this
chapter shall not include rights to lignite not
containing valuable source material except to
the extent it may be necessary to mine or strip
such lignite in order to mine the source material and, with respect to lode claims, shall not
include extralateral rights. For all purposes of
this chapter ‘‘source material’’ and ‘‘lignite’’
shall have the meanings given in section 541e of
this title.
(Aug. 11, 1955, ch. 795, § 1, 69 Stat. 679.)
§ 541a. Claims located prior to May 25, 1955;
extralateral rights; amended notice of mining
location
Any mining claim located in a manner prescribed by the mining laws of the United States
upon lands of the character described in section
541 of this title, prior to May 25, 1955, if based
upon a discovery of valuable source material
contained in lignite shall be effective to the
same extent as if such lands at the time of location, and at all times thereafter, had not been
classified as or known to be valuable for coal
subject to disposition under the mineral leasing
laws, subject, however, to the provisions of section 541 of this title: Provided, That no extralateral rights shall attach to any mining location validated under this section: And provided
further, That the locator or locators of such a
mining claim shall, not later than one hundred
and eighty days from and after August 11, 1955,
post on the claim and file for record in the office
where the notice or certificate of location is of
record, an amended notice of the mining location stating that such amended notice is filed
pursuant to the provisions of this chapter and
for the purpose of obtaining the benefits thereof;
and that a copy of said amended notice is, within the said one-hundred-and-eighty-day period,
filed in the land office of the Bureau of Land
Management for the State in which the mining
location is situated, and the mining locator
thereafter complies with the requirements of
this chapter.
(Aug. 11, 1955, ch. 795, § 2, 69 Stat. 679.)
EXTENSION OF TIME FOR ANNUAL ASSESSMENT WORK
Act June 29, 1956, ch. 478, 70 Stat. 438, as amended by
Pub. L. 85–68, June 29, 1957, 71 Stat. 226, provided for extension of time for period commencing July 1, 1955, to
12 o’clock noon July 1, 1958, during which labor must be
performed, or improvements made pursuant to section
28 of this title, or any unpatented mining claim validated under this section and for extension of time for
period commencing July 1, 1956, to 12 o’clock noon July
1, 1958, during which labor must be performed, or improvements made pursuant to section 28 of this title,
on any other unpatented mining claim subject to this
chapter.

§ 541b. Mining, removal, and disposal of lignite
Subject to the provisos of section 541a of this
title, any mining location made under the mining laws of the United States, including chapter
12 of this title, on lands of the character described in section 541 of this title, except locations made for lands within the exterior boundaries of a prior coal prospecting permit or lease,

§ 541c

if based upon a discovery of valuable source material in deposits other than deposits of Leasing
Act minerals, shall include the right to mine,
remove, and dispose of lignite containing valuable source material and lignite necessary to be
stripped or mined in the recovery of source material contained in lignite, subject to the reporting and payment requirements of section 541 of
this title, and subject to the provisions of the
Atomic Energy Act of 1954 [42 U.S.C. 2011 et.
seq.], and upon filing in the land office designated in section 541 of this title, an adequate
description of his claim or claims containing
such lignite: Provided, That nothing in this section shall be construed to limit or restrict the
rights acquired by virtue of a mining claim
heretofore or hereafter located, under the 1872
Mining Act, as amended, or to impose any additional obligation with respect to the mining and
removal of source material which does not occur
within any seam, bed, or deposit of lignite.
(Aug. 11, 1955, ch. 795, § 3, 69 Stat. 680.)
REFERENCES IN TEXT
The Atomic Energy Act of 1954, referred to in text, is
act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,
ch. 1073, § 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (§ 2011 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 2011 of Title 42 and Tables.
The 1872 Mining Act, as amended, referred to in text,
is act May 10, 1872, ch. 152, 17 Stat. 91, as amended. That
act was incorporated into the Revised Statutes as R.S.
§§ 2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39
to 42, and 47 of this title. For complete classification of
R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344 to the
Code, see Tables.

§ 541c. Lands where coal deposits have been reserved to the United States
The entryman or owner of any land or the assignee of rights therein, including lands granted
to States, with respect to which the coal deposits have been reserved to the United States pursuant to the provisions of section 81 of this title
or sections 83 to 85 of this title, excepting lands
embraced within a coal prospecting permit or
lease, upon the discovery of valuable source material in lignite situated within such entered,
granted, or patented lands, who, except for the
reservation of coal to the United States would
have the right to mine and remove such source
material, shall have the exclusive right to mine,
remove, and dispose of lignite containing such
source material and lignite necessary to be
stripped or mined in the recovery of such material, subject to the reporting and payment requirements of section 541 of this title, and subject to the provisions of the Atomic Energy Act
of 1954 [42 U.S.C. 2011 et seq.], upon filing in the
land office designated in section 541 of this title,
an adequate description sufficient to identify
the land containing such lignite.
(Aug. 11, 1955, ch. 795, § 4, 69 Stat. 680.)
REFERENCES IN TEXT
The Atomic Energy Act of 1954, referred to in text, is
act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,
ch. 1073, § 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (§ 2011 et seq.) of Title 42,

TITLE 30—MINERAL LANDS AND MINING

§ 541d

The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 2011 of Title 42 and Tables.

§ 541d. Location of source materials by holders of
coal leases
The holders of coal leases issued under the
provision of the mineral leasing laws, including
chapter 7 of this title, prior to August 11, 1955,
or thereafter if based upon a prospecting permit
issued prior to that date, upon the discovery
during the term of such lease of valuable source
material in any bed or deposit of lignite situated
within the leased lands, shall have the exclusive
right to locate such source material under the
provisions of this chapter but the mining and
disposal of such source material shall be subject
to the operating provisions of the lease and to
the provisions of the Atomic Energy Act of 1954
[42 U.S.C. 2011 et seq.]: Provided, That the provisions of this section shall not apply to coal prospecting, permits or leases on lands embraced
within entered, granted or patented lands described in section 541c of this title.
(Aug. 11, 1955, ch. 795, § 5, 69 Stat. 680.)
REFERENCES IN TEXT
The Atomic Energy Act of 1954, referred to in text, is
act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,
ch. 1073, § 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (§ 2011 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 2011 of Title 42 and Tables.

§ 541e. Definitions
As used in this chapter ‘‘mineral leasing laws’’
shall mean the Act of October 20, 1914 (38 Stat.
741); the Act of February 25, 1920 (41 Stat. 437) [30
U.S.C. 181 et seq.]; the Act of April 17, 1926 (44
Stat. 301) [30 U.S.C. 271 et seq.]; the Act of February 7, 1927 (44 Stat. 1057) [30 U.S.C. 281 et seq.];
and all Acts heretofore or hereafter enacted
which are amendatory of or supplementary to
any of the foregoing Acts; ‘‘Leasing Act minerals’’ shall mean all minerals which, upon August 11, 1955, are provided in the mineral leasing
laws to be disposed of thereunder; ‘‘lignite’’
shall mean coal classified as ASTM designation:
D 388–38, according to the standards established
in the American Society for Testing Materials
on Coal and Coke under standard specifications
for Classification of Coals by Rank, contained in
public-land deposits considered as valuable
under the coal-land classification standards established by the Secretary of the Interior and
prescribed in section 30, Code of Federal Regulations, part 201; and ‘‘source material’’ shall
mean uranium, thorium, or any other material
which is determined by the Atomic Energy Commission pursuant to the provisions of section
2091 of title 42 to be source material.
(Aug. 11, 1955, ch. 795, § 6, 69 Stat. 680.)
REFERENCES IN TEXT
Act of October 20, 1914, referred to in text, is act Oct.
20, 1914, ch. 330, 38 Stat. 741, known as the Alaska Coal
Lands Act, which was repealed by Pub. L. 86–252, § 1,
Sept. 9, 1959, 73 Stat. 490. The subject matter of this Act
is generally covered by subchapters I to VII (§ 181 et
seq.) of chapter 3A of this title. For complete classification of this Act to the Code prior to repeal, see Tables.

Page 104

Act of February 25, 1920, referred to in text, is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as
the Mineral Leasing Act, which is classified generally
to chapter 3A (§ 181 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 181 of this title and Tables.
Act of April 17, 1926, referred to in text, is act Apr. 17,
1926, ch. 158, 44 Stat. 301, as amended, which is classified
generally to subchapter VIII (§ 271 et seq.) of chapter 3A
of this title. For complete classification of this Act to
the Code, see Tables.
Act of February 7, 1927, referred to in text, is act Feb.
7, 1927, ch. 66, 44 Stat. 1057, as amended, which enacted
subchapter IX (§ 281 et seq.) of chapter 3A of this title,
amended sections 181 and 193 of this title, and repealed
subchapter VII (§ 141 et seq.) of chapter 3 of this title.
For complete classification of this Act to the Code, see
Tables.
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions
transferred by sections 5814 and 5841 of Title 42, The
Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.

§ 541f. Disbursement of moneys
All moneys received under the provisions of
this chapter shall be paid into the Treasury of
the United States and distributed in the same
manner as provided in section 191 of this title
and sections 437, 438, and 439 1 of title 48.
(Aug. 11, 1955, ch. 795, § 7, 69 Stat. 681.)
REFERENCES IN TEXT
Sections 437, 438, and 439 of title 48, referred to in
text, were repealed by Pub. L. 86–252, § 1, Sept. 9, 1959,
73 Stat. 490.

§ 541g. Rules and regulations
The Secretary of the Interior is authorized to
issue such rules and regulations as may be necessary or appropriate to effectuate the purposes
of this chapter.
(Aug. 11, 1955, ch. 795, § 8, 69 Stat. 681.)
§ 541h. Savings provision
Nothing in this chapter shall be deemed to
amend or repeal any provisions of chapter 12 of
this title, or any right granted thereunder.
(Aug. 11, 1955, ch. 795, § 9, 69 Stat. 681.)
§ 541i. Withdrawal of lands from entry; expiration of claims
Twenty years after August 11, 1955, all lands
subject to the provisions of section 541 of this
title shall be withdrawn from all forms of entry
under this chapter. All claims made pursuant to
the provisions of this chapter shall expire at
that time, except for (1) claims for which patent
has already been issued, and (2) claims on which
application for patent has already been made
and on which patent is subsequently issued: Provided, That, if the President shall so provide by
Executive order, the provisions of this section
shall not become effective until thirty years
after August 11, 1955.
(Aug. 11, 1955, ch. 795, § 10, 69 Stat. 681.)
1 See

References in Text note below.

Page 105

TITLE 30—MINERAL LANDS AND MINING

CHAPTER 13—CONTROL OF COAL-MINE
FIRES
Sec.

551.
552.
553.
554.
555.
556.
557.
558.

Declaration of policy.
Definitions.
Duties of Secretary; surveys, research, etc.;
projects.
Lands subject to chapter.
Conditions precedent for aid to non-Federal
lands.
Administration.
Rules and regulations.
Authorization of appropriations.

§ 551. Declaration of policy
It is recognized that outcrop and underground
fires in coal formations involve serious wastage
of the fuel resources of the Nation, and constitute a menace to the health and safety of the
public and to surface property. It is therefore
declared to be the policy of the Congress to provide for the control and extinguishment of outcrop and underground coal fires and thereby to
prevent injuries and loss of life, protect public
health, conserve natural resources, and to preserve public and private surface property.
(Aug. 31, 1954, ch. 1156, § 1, 68 Stat. 1009.)
COAL FORMATIONS
Pub. L. 102–486, title XXV, § 2504(d)(1), (2), Oct. 24,
1992, 106 Stat. 3105, 3106, provided that:
‘‘(1) In furtherance of the purposes of the Act of August 31, 1954 (30 U.S.C. 551–558) the Secretary of the Interior, acting through the Director of the Office of Surface Mining Reclamation and Enforcement, shall, upon
application by a State, enter into a cooperative agreement with any such State that has an approved abandoned mine reclamation program pursuant to section
405 of the Surface Mining Control and Reclamation Act
of 1977 [30 U.S.C. 1235] to undertake the activities referred to in section 3(b) of the Act of August 31, 1954 (30
U.S.C. 553(b)). The Secretary shall immediately enter
into such cooperative agreement upon application by a
State. Any such cooperative agreement shall not be
subject to review or approval by the Appalachian Regional Development Commission.
‘‘(2) For the purposes of the cooperative agreements
entered into pursuant to paragraph (1), the requirements of section 5 of the Act of August 31, 1954 (30
U.S.C. 555) are hereby waived.’’

§ 552. Definitions
As used in this chapter:
‘‘Coal’’ means any of the recognized classifications and ranks of coal, including anthracite, bituminous, semibituminous, subbituminous, and
lignite.
‘‘Outcrop’’ means any place where a formation
is visible or substantially exposed at the surface.
‘‘Formation’’ means any vein, seam, stratum,
bed, or other naturally occurring deposit.
‘‘Coal mine’’ means any underground, surface,
or strip mine from which coal is obtained.
‘‘State’’ means any State or Territory of the
United States, or any political subdivision
thereof.
‘‘Person’’ means an individual, partnership,
association, corporation, business trust, legal
representative, or any organized group of persons.
(Aug. 31, 1954, ch. 1156, § 2, 68 Stat. 1009.)

§ 555

§ 553. Duties of Secretary; surveys, research, etc.;
projects
The Secretary of the Interior, in order to effectuate the policy declared in section 551 of this
title, is hereby authorized—
(a) to conduct surveys, investigations, and
research relating to the causes and extent of
outcrop and underground fires in coal formations and the methods for control or extinguishment of such fires; to publish the results
of any such surveys, investigations, and researches; and to disseminate information concerning such method; and
(b) to plan and execute projects for control
or extinguishment of fires in coal formations.
(Aug. 31, 1954, ch. 1156, § 3, 68 Stat. 1009.)
§ 554. Lands subject to chapter
The acts authorized in section 553 of this title
may be performed—
(a) on lands owned or controlled by the
United States or any of its agencies, with the
cooperation of the agency having jurisdiction
thereof; and
(b) on any other lands, upon obtaining proper consent or the necessary rights or interests
in such lands: Provided, however, That expenditure of Federal funds for this purpose in any
privately owned operating coal mine shall be
limited to the acts authorized in section 553(a)
of this title.
(Aug. 31, 1954, ch. 1156, § 4, 68 Stat. 1009.)
§ 555. Conditions precedent for aid to non-Federal lands
(a) Enactment of local laws; agreements
As a condition to the extending of any benefits
under section 553(b) of this title to any lands not
owned or controlled by the United States or any
of its agencies, except where such action is necessary for the protection of lands or other property owned or controlled by the United States or
any of its agencies, the Secretary of the Interior
may require—
(1) the enactment of State or local laws providing for the control and extinguishment of
outcrop and underground fires in coal formations on State or privately owned land and the
cooperation of State or local authorities in
the work; and
(2) agreements or covenants as to the performance and maintenance of the work required to control or extinguish such fires.
(b) Contributions
The Secretary of the Interior shall require in
connection with any project for the control or
extinguishment of fires in any inactive coal
mine on any lands not owned or controlled by
the United States or any of its agencies, except
where such project is necessary for the protection of lands or other property owned or controlled by the United States or any of its agencies, (1) that the State or person owning or controlling such lands contribute on a matching
basis 50 per centum of the cost of planning and
executing such project, or (2), if such State or
person furnishes evidence satisfactory to the
Secretary of the Interior of an inability to make

§ 556

TITLE 30—MINERAL LANDS AND MINING

the matching contribution herein provided for,
that such State or person pay to the Government, within such period of time as the Secretary of the Interior shall determine, an
amount equal to 50 per centum of the cost of
planning and executing such project. At least 75
per centum of the funds expended in any fiscal
year, from any appropriation available to carry
out the purposes of this chapter, in connection
with projects for the control or extinguishment
of fires in inactive coal mines where such action
is not necessary for the protection of lands or
other property owned or controlled by the
United States or any of its agencies, shall be expended in conformity with clause (1) of this subsection.
(Aug. 31, 1954, ch. 1156, § 5, 68 Stat. 1010.)
§ 556. Administration
In carrying out the provisions of section 553 of
this title the Secretary of the Interior is authorized—
(a) Employment of personnel
to secure, by contract or otherwise, and
without regard to the civil service laws and
chapter 51 and subchapter III of chapter 53 of
title 5, for work of a temporary, intermittent,
or emergency character, such personal services as may be deemed necessary for the efficient and economical performance of the
work;
(b) Employment of equipment
to hire, with or without personal services,
work animals and animal-drawn and motorpropelled vehicles and equipment, at rates to
be approved by the Secretary of the Interior
and without regard to the provisions of section
6101 of title 41;
(c) Contractual authority
to procure all or any part of the surveys, investigations, and control or extinguishment
work by contracts with engineers, contractors,
or firms or corporations thereof;
(d) Acquisition of lands, etc.
to acquire lands or rights and interests
therein, including improvements, by purchase,
lease, gift, exchange, condemnation, or otherwise, whenever necessary for the purposes of
this chapter;
(e) Property restoration
to repair, restore, or replace private property damaged or destroyed as a result of, or incident to, operations under this chapter; and
(f) Contributions; cooperation with other agencies; disposition of moneys
to receive and accept money and property,
real or personal, or interests therein, as a gift,
bequest, or contribution, for use in any of the
activities authorized under this chapter; and
to conduct any of the activities authorized
under this chapter in cooperation with any
person or agency, Federal, State, or private.
Any money so received shall be deposited in
the Treasury of the United States in an available trust fund to be disbursed by the Secretary of the Treasury upon certification by

Page 106

the Secretary of the Interior in accordance
with the terms of the grant, and shall remain
available until expended for the purposes for
which received and accepted.
(Aug. 31, 1954, ch. 1156, § 6, 68 Stat. 1010.)
CODIFICATION
In subsec. (a), ‘‘chapter 51 and subchapter III of chapter 53 of title 5’’ substituted for ‘‘the Classification Act
of 1949, as amended’’ on authority of Pub. L. 89–554,
§ 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of
which enacted Title 5, Government Organization and
Employees.
In subsec. (b), ‘‘section 6101 of title 41’’ substituted
for ‘‘section 3709, Revised Statutes (41 U.S.C., sec. 5)’’
on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124
Stat. 3854, which Act enacted Title 41, Public Contracts.

§ 557. Rules and regulations
The Secretary of the Interior may issue rules
and regulations to effectuate the purposes of
this chapter.
(Aug. 31, 1954, ch. 1156, § 7, 68 Stat. 1011.)
§ 558. Authorization of appropriations
There are hereby authorized to be appropriated such sums,1 as may be necessary to
carry out the provisions and purposes of this
chapter.
(Aug. 31, 1954, ch. 1156, § 8, 68 Stat. 1011; Pub. L.
102–486, title XXV, § 2504(d)(3), Oct. 24, 1992, 106
Stat. 3106.)
AMENDMENTS
1992—Pub. L. 102–486 struck out ‘‘not to exceed
$500,000 annually,’’ after ‘‘such sums,’’.

CHAPTER 14—ANTHRACITE MINE DRAINAGE
AND FLOOD CONTROL
Sec.

571.
572.
573.
574.
575.
576.

Declaration of policy.
United States contributions to Pennsylvania:
authority, conditions, limitations.
Statement by Commonwealth for Secretary.
Hearings; withholding payments.
Repealed.
Authorization of appropriations.

§ 571. Declaration of policy
It is hereby recognized that the presence of
large volumes of water in anthracite coal formations involves serious wastage of the fuel resources of the Nation, and constitutes a menace
to health and safety and national security. It is
therefore declared to be the policy of the Congress to provide for the control and drainage of
water in the anthracite coal formations and
thereby conserve natural resources, promote national security, prevent injuries and loss of life,
and preserve public and private property, and to
seal abandoned coal mines and to fill voids in
abandoned coal mines, in those instances where
such work is in the interest of the public health
or safety.
(July 15, 1955, ch. 369, § 1, 69 Stat. 352; Pub. L.
87–818, § 1(1), Oct. 15, 1962, 76 Stat. 934.)
AMENDMENTS
1962—Pub. L. 87–818 declared it to be the policy of the
Congress ‘‘to seal abandoned coal mines and to fill
1 So

in original. The comma probably should not appear.

Page 107

TITLE 30—MINERAL LANDS AND MINING

voids in abandoned coal mines, in those instances
where such work is in the interest of the public health
or safety’’.

§ 572. United States contributions to Pennsylvania: authority, conditions, limitations
The Secretary of the Interior is authorized, in
order to carry out the purposes mentioned in
section 571 of this title, to make financial contributions on the basis of programs or projects
approved by the Secretary to the Commonwealth of Pennsylvania (hereinafter designated
as the ‘‘Commonwealth’’) to seal abandoned coal
mines and to fill voids in abandoned coal mines,
in those instances where such work is in the interest of the public health or safety, and for control and drainage of water which, if not so controlled or drained, will cause the flooding of anthracite coal formations, said contributions to
be applied to the cost of drainage works, pumping plants, and related facilities but subject,
however, to the following conditions and limitations:
(a) Contributions to be matched by Commonwealth
The amounts authorized to be contributed by
the Secretary of the Interior to the Commonwealth shall be equally matched by the Commonwealth;
(b) Amount of contributions authorized
The total amount of contributions by the Secretary of the Interior under the authority of this
chapter shall not exceed $8,500,000, of which
$1,500,000 of the unexpended balance remaining
as of July 31, 1962, shall be reserved for the control and drainage of water;
(c) Limitation on use of contribution
The amounts contributed by the Secretary of
the Interior under the authority of this chapter
and the equally matched amounts contributed
by the Commonwealth shall not be used for operating and maintaining projects constructed
pursuant to this chapter or for the purchase of
culm, rock, or spoil banks;
(d) Commonwealth responsible for installation
and operation of projects
The Commonwealth shall have full responsibility for installing, operating, and maintaining projects constructed pursuant to this chapter, and shall give evidence, satisfactory to the
Secretary of the Interior, that it will enforce effective installation, operation, and maintenance
safeguards;
(e) Location and operation of projects
Projects constructed pursuant to this chapter
shall be so located, operated, and maintained as
to provide the maximum conservation of anthracite coal resources or, in those instances where
such work would be in the interest of the public
health or safety, to seal abandoned coal mines
and to fill voids in abandoned coal mines, and,
where possible, to avoid creating inequities
among those mines which may be affected by
the waters to be controlled thereby; and
(f) Economic justification for abandoned coal
mine projects
Projects for the sealing of abandoned coal
mines or the filling of voids in abandoned coal

§ 576

mines shall be determined by the Secretary of
the Interior to be economically justified. The
Secretary shall not find any project to be economically justified unless the potential benefits
are estimated by him to exceed the estimated
cost of the project.
(July 15, 1955, ch. 369, § 2, 69 Stat. 353; Pub. L.
87–818, § 1(2)–(7), Oct. 15, 1962, 76 Stat. 934.)
AMENDMENTS
1962—Pub. L. 87–818, § 1(2), authorized the Secretary of
the Interior, in the preamble clause, to seal abandoned
coal mines and to fill voids in abandoned coal mines, in
those instances where such work is in the interest of
the public health or safety.
Subsec. (b). Pub. L. 87–818, § 1(3), reserved $1,500,000 of
the unexpended balance remaining as of July 31, 1962,
for the control and drainage of water.
Subsec. (c). Pub. L. 87–818, § 1(4), prohibited the use of
contributions for the purchase of culm, rock, or spoil
banks.
Subsec. (d). Pub. L. 87–818, § 1(5), struck out ‘‘and’’
after the semicolon.
Subsec. (e). Pub. L. 87–818, § 1(6), prescribed that
projects be so located, operated, and maintained as to
seal abandoned coal mines and to fill voids in abandoned coal mines in those instances where such work
would be in the interest of the public health or safety.
Subsec. (f). Pub. L. 87–818, § 1(7), added subsec. (f).

§ 573. Statement by Commonwealth for Secretary
The Commonwealth shall furnish to the Secretary of the Interior a statement with respect
to the project showing work done, the status of
the project, expenditures and amounts obligated, at such times and in such detail as the
Secretary of the Interior shall require for the
purposes of this chapter.
(July 15, 1955, ch. 369, § 3, 69 Stat. 353.)
§ 574. Hearings; withholding payments
Whenever the Secretary of the Interior, after
reasonable notice and opportunity for hearing,
finds that there is a failure to expend funds in
accordance with the terms and conditions governing the Federal contribution for such approved projects, he shall notify the Commonwealth that further payments will not be made
to the Commonwealth from appropriations
under this chapter until he is satisfied that
there will no longer be any such failure. Until he
is so satisfied the Secretary of the Interior shall
withhold the payment of any financial contributions to the Commonwealth.
(July 15, 1955, ch. 369, § 4, 69 Stat. 353.)
§ 575. Repealed. Pub. L. 105–362, title
§ 901(i)(1), Nov. 10, 1998, 112 Stat. 3290

IX,

Section, acts July 15, 1955, ch. 369, § 5, 69 Stat. 353;
Pub. L. 87–818, § 1(8), Oct. 15, 1962, 76 Stat. 935, related
to annual reports to Congress by Secretary of the Interior on anthracite mine drainage and flood control program.

§ 576. Authorization of appropriations
There is hereby authorized to be appropriated
such amounts as may be necessary to carry out
the provisions of this chapter.
(July 15, 1955, ch. 369, § 5, formerly § 6, 69 Stat.
353; renumbered § 5, Pub. L. 105–362, title IX,
§ 901(i)(2), Nov. 10, 1998, 112 Stat. 3290.)

§ 601

TITLE 30—MINERAL LANDS AND MINING
PRIOR PROVISIONS

A prior section 5 of act July 15, 1955, ch. 369, was classified to section 575 of this title, prior to repeal by Pub.
L. 105–362, § 901(i)(1).

CHAPTER 15—SURFACE RESOURCES
SUBCHAPTER I—DISPOSAL OF MATERIALS ON
PUBLIC LANDS
Sec.

601.

602.
603.
604.

Rules and regulations governing disposal of
materials;
payment;
removal
without
charge; lands excluded.
Bidding; advertising and other notice; conditions for negotiation of contract.
Disposition of moneys from disposal of materials.
Disposal of sand, peat moss, etc., in Alaska;
contracts.
SUBCHAPTER II—MINING LOCATIONS

611.

612.
613.
614.
615.

Common varieties of sand, stone, gravel,
pumice, pumicite, or cinders, and petrified
wood.
Unpatented mining claims.
Procedure for determining title uncertainties.
Waiver of rights.
Limitation of existing rights.

SUBCHAPTER I—DISPOSAL OF MATERIALS
ON PUBLIC LANDS
§ 601. Rules and regulations governing disposal
of materials; payment; removal without
charge; lands excluded
The Secretary, under such rules and regulations as he may prescribe, may dispose of mineral materials (including but not limited to
common varieties of the following: sand, stone,
gravel, pumice, pumicite, cinders, and clay) and
vegetative materials (including but not limited
to yucca, manzanita, mesquite, cactus, and timber or other forest products) on public lands of
the United States, including, for the purposes of
this subchapter, land described in subchapter V
of chapter 28 of title 43, if the disposal of such
mineral or vegetative materials (1) is not otherwise expressly authorized by law, including, but
not limited to, subchapter I of chapter 8A of
title 43, and the United States mining laws, and
(2) is not expressly prohibited by laws of the
United States, and (3) would not be detrimental
to the public interest. Such materials may be
disposed of only in accordance with the provisions of this subchapter and upon the payment
of adequate compensation therefor, to be determined by the Secretary: Provided, however, That,
to the extent not otherwise authorized by law,
the Secretary is authorized in his discretion to
permit any Federal, State, or Territorial agency, unit or subdivision, including municipalities,
or any association or corporation not organized
for profit, to take and remove, without charge,
materials and resources subject to this subchapter, for use other than for commercial or industrial purposes or resale. Where the lands
have been withdrawn in aid of a function of a
Federal department or agency other than the
department headed by the Secretary or of a
State, Territory, county, municipality, water
district or other local governmental subdivision
or agency, the Secretary may make disposals

Page 108

under this subchapter only with the consent of
such other Federal department or agency or of
such State, Territory, or local governmental
unit. Nothing in this subchapter shall be construed to apply to lands in any national park, or
national monument or to any Indian lands, or
lands set aside or held for the use or benefit of
Indians, including lands over which jurisdiction
has been transferred to the Department of the
Interior by Executive order for the use of Indians. As used in this subchapter, the word ‘‘Secretary’’ means the Secretary of the Interior except that it means the Secretary of Agriculture
where the lands involved are administered by
him for national forest purposes or for the purposes of title III of the Bankhead-Jones Farm
Tenant Act [7 U.S.C. 1010 et seq.] or where withdrawn for the purpose of any other function of
the Department of Agriculture.
(July 31, 1947, ch. 406, § 1, 61 Stat. 681; July 23,
1955, ch. 375, § 1, 69 Stat. 367.)
REFERENCES IN TEXT
Subchapter V (§ 1181a et seq.) of chapter 28 of title 43,
referred to in text, was in the original a reference to
the Acts of Aug. 28, 1937 (50 Stat. 874), and June 24, 1954
(68 Stat. 270), as amended. For complete classification
of these Acts to the Code, see Tables.
Subchapter I (§ 315 et seq.) of chapter 8A of title 43,
referred to in text, was in the original a reference to
the Act of June 28, 1934 (48 Stat. 1269), as amended,
known as the Taylor Grazing Act. For complete classification of this Act to the Code, see Short Title note
set out under section 315 of Title 43 and Tables.
The Bankhead-Jones Farm Tenant Act, referred to in
text, is act July 22, 1937, ch. 517, 50 Stat. 522, as amended. Title III of such Act is classified generally to subchapter III (§ 1010 et seq.) of chapter 33 of Title 7, Agriculture. For complete classification of this Act to the
Code, see section 1000 of Title 7 and Tables.
AMENDMENTS
1955—Act July 23, 1955, required disposal under this
subchapter of common varieties of sand, stone, gravel,
pumice, pumicite, and cinders, and gave the Secretary
of Agriculture the same authority as to lands under his
jurisdiction as the Secretary of Interior possesses as to
lands under his jurisdiction in the disposal of mining
and vegetative materials.
SHORT TITLE
Act July 31, 1947, ch. 406, 61 Stat. 681, as amended,
which is classified to this subchapter, is popularly
known as the ‘‘Materials Act of 1947’’.
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with materials sales contracts under this subchapter
and removal permits issued under this subchapter and
enforcement functions of Secretary or other official in
Department of Agriculture insofar as they involve
lands and programs under jurisdiction of that Department related to compliance with removal of materials
under this subchapter with respect to pre-construction,
construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector
for Alaska Natural Gas Transportation System, until
first anniversary of date of initial operation of Alaska
Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, §§ 102(e), (f), 203(a), eff. July 1, 1979, 44 F.R.
33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix
to Title 5, Government Organization and Employees.
Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and au-

Page 109

TITLE 30—MINERAL LANDS AND MINING

§ 603

thority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as
an Abolition of Office of Federal Inspector note under
section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section
720d(f) of Title 15.

spector for Alaska Natural Gas Transportation System,
and subsequent transfer to Secretary of Energy, then
to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 601 of
this title.

§ 602. Bidding; advertising and other notice; conditions for negotiation of contract

All moneys received from the disposal of materials under this subchapter shall be disposed of
in the same manner as moneys received from
the sale of public lands, except that moneys received from the disposal of materials by the Secretary of Agriculture shall be disposed of in the
same manner as other moneys received by the
Department of Agriculture from the administration of the lands from which the disposal of materials is made, and except that revenues from
the lands described in subchapter V of chapter 28
of title 43, shall be disposed of in accordance
with said sections and except that moneys received from the disposal of materials from
school section lands in Alaska, reserved under
section 1 of the Act of March 4, 1915 (38 Stat.
1214), shall be set apart as separate and permanent funds in the Territorial Treasury, as provided for income derived from said school section lands pursuant to said Act.

(a) The Secretary shall dispose of materials
under this subchapter to the highest responsible
qualified bidder after formal advertising and
such other public notice as he deems appropriate: Provided, however, That the Secretary
may authorize negotiation of a contract for the
disposal of materials if—
(1) the contract is for the sale of less than
two hundred fifty thousand board-feet of timber; or, if
(2) the contract is for the disposal of materials to be used in connection with a public
works improvement program on behalf of a
Federal, State or local governmental agency
and the public exigency will not permit the
delay incident to advertising; or, if
(3) the contract is for the disposal of property for which it is impracticable to obtain
competition.
(b) Repealed. Pub. L. 96–470, title I, § 102(a),
Oct. 19, 1980, 94 Stat. 2237.
(July 31, 1947, ch. 406, § 2, 61 Stat. 681; Pub. L.
87–689, § 1, Sept. 25, 1962, 76 Stat. 587; Pub. L.
94–273, § 20, Apr. 21, 1976, 90 Stat. 379; Pub. L.
96–470, title I, § 102(a), Oct. 19, 1980, 94 Stat. 2237.)
AMENDMENTS
1980—Subsec. (b). Pub. L. 96–470 struck out subsec. (b)
which required a report to be made to Congress on Apr.
1 and Oct. 1 of each year of the contracts made under
subsec. (a)(2) and (3) during the period since the date of
the last report, which report was to name each purchaser, furnish the appraised value of the material involved, state the amount of each contract, and describe
the circumstances leading to the determination that
the contract should be entered into by negotiation instead of competitive bidding after formal advertising.
1976—Subsec. (b). Pub. L. 94–273 substituted ‘‘April’’
for ‘‘January’’ and ‘‘October’’ for ‘‘July’’.
1962—Pub. L. 87–689 designated existing provisions as
subsec. (a), substituted therein provisions requiring the
Secretary to dispose of materials after formal advertising and such other public notice as he deems appropriate, and authorizing negotiation of a contract for
the sale of less than 250,000 board-feet of timber, or for
materials to be used in connection with public works
improvement program for a Federal, State, or local
governmental agency where the public exigency will
not permit the delay of advertising, or for property for
which it is impracticable to obtain competition, for
provisions requiring publication of notice once a week
for 4 consecutive weeks in a newspaper of general circulation, and competitive bidding, in cases where the
value was in excess of $1,000, and permitting disposal
upon such notice and in such manner as he prescribed
where the value was $1,000 or less, and added subsec.
(b).

§ 603. Disposition of moneys from disposal of materials

(July 31, 1947, ch. 406, § 3, 61 Stat. 681; Aug. 31,
1950, ch. 830, 64 Stat. 571; July 23, 1955, ch. 375, § 2,
69 Stat. 368.)
REFERENCES IN TEXT
Subchapter V (§ 1181a et seq.) of chapter 28 of title 43,
referred to in text, was in the original a reference to
the Acts of Aug. 28, 1937 (50 Stat. 874), and June 24, 1954
(68 Stat. 270), as amended. For complete classification
of these Acts to the Code, see Tables.
Act of March 4, 1915 (38 Stat. 1214), referred to in text,
is act Mar. 4, 1915, ch. 181, 38 Stat. 1214, as amended.
Section 1 of that Act, which made reservation of certain Alaska lands for educational purposes, covered disposition of proceeds or income derived from reserved
lands, and set out the exclusion of certain lands, was
classified to section 353 of Title 48, Territories and Insular Possessions, and was repealed by Pub. L. 85–508,
§ 6(k), July 7, 1958, 72 Stat. 343. For complete classification of this Act to the Code, see Tables.
AMENDMENTS
1955—Act July 23, 1955, provided for the disposal of
moneys received by the Secretary of Agriculture, and
for the disposal of revenues from the lands described in
sections 1181a to 1181j of title 43.
1950—Act Aug. 31, 1950, provided for setting apart as
separate and permanent funds in the Territorial Treasury moneys received from disposal of materials from
school section lands in Alaska.
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or other appropriate officer or entity in Departments of Agriculture and the Interior under this subchapter to Federal Inspector of Office of Federal Inspector for Alaska Natural Gas Transportation System,
and subsequent transfer to Secretary of Energy, then
to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 601 of
this title.

TRANSFER OF FUNCTIONS

ADMISSION OF ALASKA AS STATE

For transfer of certain enforcement functions of Secretary or other appropriate officer or entity in Departments of Agriculture and the Interior under this subchapter to Federal Inspector of Office of Federal In-

Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set

§ 604

TITLE 30—MINERAL LANDS AND MINING

Page 110

out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

a valuable mineral deposit within the mining laws of
the United States.

§ 604. Disposal of sand, peat moss, etc., in Alaska;
contracts

REGULATIONS FOR REMOVAL OF LIMITED QUANTITIES OF
PETRIFIED WOOD

Subject to the provisions of this subchapter,
the Secretary may dispose of sand, stone, gravel, and vegetative materials located below highwater mark of navigable waters of the Territory
of Alaska. Any contract, unexecuted in whole or
in part, for the disposal under this subchapter of
materials from land, title to which is transferred to a future State upon its admission to
the Union, and which is situated within its
boundaries, may be terminated or adopted by
such State.
(July 31, 1947, ch. 406, § 4, as added Aug. 31, 1950,
ch. 830, 64 Stat. 572.)
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or other appropriate officer or entity in Departments of Agriculture and the Interior under this subchapter to Federal Inspector of Office of Federal Inspector for Alaska Natural Gas Transportation System,
and subsequent transfer to Secretary of Energy, then
to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 601 of
this title.
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

SUBCHAPTER II—MINING LOCATIONS
§ 611. Common varieties of sand, stone, gravel,
pumice, pumicite, or cinders, and petrified
wood
No deposit of common varieties of sand, stone,
gravel, pumice, pumicite, or cinders and no deposit of petrified wood shall be deemed a valuable mineral deposit within the meaning of the
mining laws of the United States so as to give
effective validity to any mining claim hereafter
located under such mining laws: Provided, however, That nothing herein shall affect the validity of any mining location based upon discovery
of some other mineral occurring in or in association with such a deposit. ‘‘Common varieties’’ as
used in this subchapter and sections 601 and 603
of this title does not include deposits of such
materials which are valuable because the deposit has some property giving it distinct and
special value and does not include so-called
‘‘block pumice’’ which occurs in nature in pieces
having one dimension of two inches or more.
‘‘Petrified wood’’ as used in this subchapter and
sections 601 and 603 of this title means agatized,
opalized, petrified, or silicified wood, or any material formed by the replacement of wood by
silica or other matter.
(July 23, 1955, ch. 375, § 3, 69 Stat. 368; Pub. L.
87–713, § 1, Sept. 28, 1962, 76 Stat. 652.)
AMENDMENTS
1962—Pub. L. 87–713 defined ‘‘petrified wood’’, and provided that no deposit of petrified wood shall be deemed

Section 2 of Pub. L. 87–713 provided that: ‘‘The Secretary of the Interior shall provide by regulation that
limited quantities of petrified wood may be removed
without charge from those public lands which he shall
specify.’’

§ 612. Unpatented mining claims
(a) Prospecting, mining or processing operations
Any mining claim hereafter located under the
mining laws of the United States shall not be
used, prior to issuance of patent therefor, for
any purposes other than prospecting, mining or
processing operations and uses reasonably incident thereto.
(b) Reservations in the United States to use of
the surface and surface resources
Rights under any mining claim hereafter located under the mining laws of the United
States shall be subject, prior to issuance of patent therefor, to the right of the United States to
manage and dispose of the vegetative surface resources thereof and to manage other surface resources thereof (except mineral deposits subject
to location under the mining laws of the United
States). Any such mining claim shall also be
subject, prior to issuance of patent therefor, to
the right of the United States, its permittees,
and licensees, to use so much of the surface
thereof as may be necessary for such purposes or
for access to adjacent land: Provided, however,
That any use of the surface of any such mining
claim by the United States, its permittees or licensees, shall be such as not to endanger or materially interfere with prospecting, mining or
processing operations or uses reasonably incident thereto: Provided further, That if at any
time the locator requires more timber for his
mining operations than is available to him from
the claim after disposition of timber therefrom
by the United States, subsequent to the location
of the claim, he shall be entitled, free of charge,
to be supplied with timber for such requirements from the nearest timber administered by
the disposing agency which is ready for harvesting under the rules and regulations of that agency and which is substantially equivalent in kind
and quantity to the timber estimated by the disposing agency to have been disposed of from the
claim: Provided further, That nothing in this subchapter and sections 601 and 603 of this title
shall be construed as affecting or intended to affect or in any way interfere with or modify the
laws of the States which lie wholly or in part
westward of the ninety-eighth meridian relating
to the ownership, control, appropriation, use,
and distribution of ground or surface waters
within any unpatented mining claim.
(c) Severance or removal of timber
Except to the extent required for the mining
claimant’s prospecting, mining or processing operations and uses reasonably incident thereto,
or for the construction of buildings or structures
in connection therewith, or to provide clearance
for such operations or uses, or to the extent authorized by the United States, no claimant of

Page 111

TITLE 30—MINERAL LANDS AND MINING

any mining claim hereafter located under the
mining laws of the United States shall, prior to
issuance of patent therefor, sever, remove, or
use any vegetative or other surface resources
thereof which are subject to management or disposition by the United States under subsection
(b) of this section. Any severance or removal of
timber which is permitted under the exceptions
of the preceding sentence, other than severance
or removal to provide clearance, shall be in accordance with sound principles of forest management.
(July 23, 1955, ch. 375, § 4, 69 Stat. 368.)
§ 613. Procedure for determining title uncertainties
(a) Notice to mining claimants; request; publication; service
The head of a Federal department or agency
which has the responsibility for administering
surface resources of any lands belonging to the
United States may file as to such lands in the
office of the Secretary of the Interior, or in such
office as the Secretary of the Interior may designate, a request for publication of notice to
mining claimants, for determination of surface
rights, which request shall contain a description
of the lands covered thereby, showing the section or sections of the public land surveys which
embrace the lands covered by such request, or if
such lands are unsurveyed, either the section or
sections which would probably embrace such
lands when the public land surveys are extended
to such lands or a tie by courses and distances
to an approved United States mineral monument.
The filing of such request for publication shall
be accompanied by an affidavit or affidavits of a
person or persons over twenty-one years of age
setting forth that the affiant or affiants have
examined the lands involved in a reasonable effort to ascertain whether any person or persons
were in actual possession of or engaged in the
working of such lands or any part thereof, and,
if no person or persons were found to be in actual possession of or engaged in the working of
said lands or any part thereof on the date of
such examination, setting forth such fact, or, if
any person or persons were so found to be in actual possession or engaged in such working on
the date of such examination, setting forth the
name and address of each such person, unless affiant shall have been unable through reasonable
inquiry to obtain information as to the name
and address of any such person, in which event
the affidavit shall set forth fully the nature and
results of such inquiry.
The filing of such request for publication shall
also be accompanied by the certificate of a title
or abstract company, or of a title abstractor, or
of an attorney, based upon such company’s abstractor’s, or attorney’s examination of those
instruments which are shown by the tract indexes in the county office of record as affecting
the lands described in said request, setting forth
the name of any person disclosed by said instruments to have an interest in said lands under
any unpatented mining claim heretofore located, together with the address of such person
if such address is disclosed by such instruments

§ 613

of record. ‘‘Tract indexes’’ as used herein shall
mean those indexes, if any, as to surveyed lands
identifying instruments as affecting a particular
legal subdivision of the public land surveys, and
as to unsurveyed lands identifying instruments
as affecting a particular probable legal subdivision according to a projected extension of the
public land surveys.
Thereupon the Secretary of the Interior, at
the expense of the requesting department or
agency, shall cause notice to mining claimants
to be published in a newspaper having general
circulation in the county in which the lands involved are situate.
Such notice shall describe the lands covered
by such request, as provided heretofore, and
shall notify whomever it may concern that if
any person claiming or asserting under, or by
virtue of, any unpatented mining claim heretofore located, rights as to such lands or any
part thereof, shall fail to file in the office where
such request for publication was filed (which office shall be specified in such notice) and within
one hundred and fifty days from the date of the
first publication of such notice (which date shall
be specified in such notice), a verified statement
which shall set forth, as to such unpatented
mining claim—
(1) the date of location;
(2) the book and page of recordation of the
notice or certificate of location;
(3) the section or sections of the public land
surveys which embrace such mining claims; or
if such lands are unsurveyed, either the section or sections which would probably embrace such mining claim when the public land
surveys are extended to such lands or a tie by
courses and distances to an approved United
States mineral monument;
(4) whether such claimant is a locator or
purchaser under such location; and
(5) the name and address of such claimant
and names and addresses so far as known to
the claimant of any other person or persons
claiming any interest or interests in or under
such unpatented mining claim;
such failure shall be conclusively deemed (i) to
constitute a waiver and relinquishment by such
mining claimant of any right, title, or interest
under such mining claim contrary to or in conflict with the limitations or restrictions specified in section 612 of this title as to hereafter located unpatented mining claims, and (ii) to constitute a consent by such mining claimant that
such mining claim, prior to issuance of patent
therefor, shall be subject to the limitations and
restrictions specified in section 612 of this title
as to hereafter located unpatented mining
claims, and (iii) to preclude thereafter, prior to
issuance of patent, any assertion by such mining
claimant of any right or title to or interest in or
under such mining claim contrary to or in conflict with the limitations or restrictions specified in section 612 of this title as to hereafter located unpatented mining claims.
If such notice is published in a daily paper, it
shall be published in the Wednesday issue for
nine consecutive weeks, or, if in a weekly paper,
in nine consecutive issues, or if in a semiweekly
or triweekly paper, in the issue of the same day
of each week for nine consecutive weeks.

§ 613

TITLE 30—MINERAL LANDS AND MINING

Within fifteen days after the date of first publication of such notice, the department or agency requesting such publication (1) shall cause a
copy of such notice to be personally delivered to
or to be mailed by registered mail or by certified
mail addressed to each person in possession or
engaged in the working of the land whose name
and address is shown by an affidavit filed as
aforesaid, and to each person who may have
filed, as to any lands described in said notice, a
request for notices, as provided in subsection (d)
of this section, and shall cause a copy of such
notice to be mailed by registered mail or by certified mail to each person whose name and address is set forth in the title or abstract company’s or title abstractor’s or attorney’s certificate filed as aforesaid, as having an interest in
the lands described in said notice under any unpatented mining claim heretofore located, such
notice to be directed to such person’s address as
set forth in such certificate; and (2) shall file in
the office where said request for publication was
filed an affidavit showing that copies have been
so delivered or mailed.
(b) Failure to file verified statement
If any claimant under any unpatented mining
claim heretofore located which embraces any of
the lands described in any notice published in
accordance with the provisions of subsection (a)
of this section, shall fail to file a verified statement, as provided in such subsection (a), within
one hundred and fifty days from the date of the
first publication of such notice, such failure
shall be conclusively deemed, except as otherwise provided in subsection (e) of this section, (i)
to constitute a waiver and relinquishment by
such mining claimant of any right, title, or interest under such mining claim contrary to or in
conflict with the limitations or restrictions
specified in section 612 of this title as to hereafter located unpatented mining claims, and (ii)
to constitute a consent by such mining claimant
that such mining claim, prior to issuance of patent therefor, shall be subject to the limitations
and restrictions specified in section 612 of this
title as to hereafter located unpatented mining
claims, and (iii) to preclude thereafter, prior to
issuance of patent, any assertion by such mining
claimant of any right or title to or interest in or
under such mining claim contrary to or in conflict with the limitations or restrictions specified in section 612 of this title as to hereafter located unpatented mining claims.
(c) Hearings
If any verified statement shall be filed by a
mining claimant as provided in subsection (a) of
this section, then the Secretary of Interior shall
fix a time and place for a hearing to determine
the validity and effectiveness of any right or
title to, or interest in or under such mining
claim, which the mining claimant may assert
contrary to or in conflict with the limitations
and restrictions specified in section 612 of this
title as to hereafter located unpatented mining
claims, which place of hearing shall be in the
county where the lands in question or parts
thereof are located, unless the mining claimant
agrees otherwise. Where verified statements are
filed asserting rights to an aggregate of more
than twenty mining claims, any single hearing

Page 112

shall be limited to a maximum of twenty mining
claims unless the parties affected shall otherwise stipulate and as many separate hearing 1
shall be set as shall be necessary to comply with
this provision. The procedures with respect to
notice of such a hearing and the conduct thereof, and in respect to appeals shall follow the
then established general procedures and rules of
practice of the Department of the Interior in respect to contests or protests affecting public
lands of the United States. If, pursuant to such
a hearing the final decision rendered in the matter shall affirm the validity and effectiveness of
any mining claimant’s so asserted right or interest under the mining claim, then no subsequent proceedings under this section shall have
any force or effect upon the so-affirmed right or
interest of such mining claimant under such
mining claim. If at any time prior to a hearing
the department or agency requesting publication of notice and any person filing a verified
statement pursuant to such notice shall so stipulate, then to the extent so stipulated, but only
to such extent, no hearing shall be held with respect to rights asserted under that verified
statement, and to the extent defined by the stipulation the rights asserted under that verified
statement shall be deemed to be unaffected by
that particular published notice.
(d) Request for copy of notice
Any person claiming any right under or by virtue of any unpatented mining claim heretofore
located and desiring to receive a copy of any notice to mining claimants which may be published as provided in subsection (a) of this section, and which may affect lands embraced in
such mining claim, may cause to be filed for
record in the county office of record where the
notice or certificate of location of such mining
claim shall have been recorded, a duly acknowledged request for a copy of any such notice.
Such request for copies shall set forth the name
and address of the person requesting copies and
shall also set forth, as to each heretofore located unpatented mining claim under which
such person asserts rights—
(1) the date of location;
(2) the book and page of the recordation of
the notice or certificate of location; and
(3) the section or sections of the public land
surveys which embrace such mining claim; or
if such lands are unsurveyed, either the section or sections which would probably embrace such mining claim when the public land
surveys are extended to such lands or a tie by
courses and distances to an approved United
States mineral monument.
Other than in respect to the requirements of
subsection (a) of this section as to personal delivery or mailing of copies of notices and in respect to the provisions of subsection (e) of this
section, no such request for copies of published
notices and no statement or allegation in such
request and no recordation thereof shall affect
title to any mining claim or to any land or be
deemed to constitute constructive notice to any
person that the person requesting copies has, or
claims, any right, title, or interest in or under
any mining claim referred to in such request.
1 So

in original. Probably should be ‘‘hearings’’.

Page 113

TITLE 30—MINERAL LANDS AND MINING

(e) Failure to deliver or mail copy of notice
If any department or agency requesting publication shall fail to comply with the requirements of subsection (a) of this section as to the
personal delivery or mailing of a copy of notice
to any person, the publication of such notice
shall be deemed wholly ineffectual as to that
person or as to the rights asserted by that person and the failure of that person to file a verified statement, as provided in such notice, shall
in no manner affect, diminish, prejudice or bar
any rights of that person.
(July 23, 1955, ch. 375, § 5, 69 Stat. 369; Pub. L.
86–507, § 1(26), June 11, 1960, 74 Stat. 201.)
AMENDMENTS
1960—Subsec. (a). Pub. L. 86–507 inserted ‘‘or by certified mail’’ after ‘‘registered mail’’ in two places in
last paragraph.

§ 614. Waiver of rights
The owner or owners of any unpatented mining claim heretofore located may waive and relinquish all rights thereunder which are contrary to or in conflict with the limitations or restrictions specified in section 612 of this title as
to hereafter located unpatented mining claims.
The execution and acknowledgment of such a
waiver and relinquishment by such owner or
owners and the recordation thereof in the office
where the notice or certificate of location of
such mining claim is of record shall render such
mining claim thereafter and prior to issuance of
patent subject to the limitations and restrictions in section 612 of this title in all respects as
if said mining claim had been located after July
23, 1955, but no such waiver or relinquishment
shall be deemed in any manner to constitute
any concession as to the date of priority of
rights under said mining claim or as to the validity thereof.
(July 23, 1955, ch. 375, § 6, 69 Stat. 372.)
§ 615. Limitation of existing rights
Nothing in this subchapter and sections 601
and 603 of this title shall be construed in any
manner to limit or restrict or to authorize the
limitation or restriction of any existing rights
of any claimant under any valid mining claim
heretofore located, except as such rights may be
limited or restricted as a result of a proceeding
pursuant to section 613 of this title, or as a result of a waiver and relinquishment pursuant to
section 614 of this title; and nothing in this subchapter and sections 601 and 603 of this title
shall be construed in any manner to authorized
inclusion in any patent hereafter issued under
the mining laws of the United States for any
mining claim heretofore or hereafter located, of
any reservation, limitation, or restriction not
otherwise authorized by law, or to limit or repeal any existing authority to include any reservation, limitation, or restriction in any such
patent, or to limit or restrict any use of the
lands covered by any patented or unpatented
mining claim by the United States, its lessees,
permittees, and licensees which is otherwise authorized by law.
(July 23, 1955, ch. 375, § 7, 69 Stat. 372.)

§ 621

CHAPTER 16—MINERAL DEVELOPMENT OF
LANDS WITHDRAWN FOR POWER DEVELOPMENT
Sec.

621.
622.
623.
624.
625.

Entry to lands reserved for power development.
Liability for damage, destruction, or loss of
claim.
Recording and reporting of unpatented
claims; time.
Protection of existing valid claims.
Prohibition of unspecified use.

§ 621. Entry to lands reserved for power development
(a) Conditions of entry
All public lands belonging to the United
States heretofore, now or hereafter withdrawn
or reserved for power development or power
sites shall be open to entry for location and patent of mining claims and for mining, development, beneficiation, removal, and utilization of
the mineral resources of such lands under applicable Federal statutes: Provided, That all power
rights to such lands shall be retained by the
United States: Provided further, That locations
made under this chapter within the revested Oregon and California Railroad and reconveyed
Coos Bay Wagon grant lands shall also be subject to the provisions of the Act of April 8, 1948,
Public Law 477 (Eightieth Congress, second session): And provided further, That nothing contained herein shall be construed to open for the
purposes described in this section any lands (1)
which are included in any project operating or
being constructed under a license or permit issued under the Federal Power Act [16 U.S.C. 791a
et seq.] or other Act of Congress, or (2) which are
under examination and survey by a prospective
licensee of the Federal Energy Regulatory Commission, if such prospective licensee holds an
uncanceled preliminary permit issued under the
Federal Power Act authorizing him to conduct
such examination and survey with respect to
such lands and such permit has not been renewed in the case of such prospective licensee
more than once.
(b) Placer claims; notice; hearing; order; rules
and regulations
The locator of a placer claim under this chapter, however, shall conduct no mining operations for a period of sixty days after the filing
of a notice of location pursuant to section 623 of
this title. If the Secretary of the Interior, within sixty days from the filing of the notice of location, notifies the locator by registered mail or
certified mail of the Secretary’s intention to
hold a public hearing to determine whether placer mining operations would substantially interfere with other uses of the land included within
the placer claim, mining operations on that
claim shall be further suspended until the Secretary has held the hearing and has issued an
appropriate order. The order issued by the Secretary of the Interior shall provide for one of the
following: (1) a complete prohibition of placer
mining; (2) a permission to engage in placer
mining upon the condition that the locator
shall, following placer operations, restore the
surface of the claim to the condition in which it

§ 622

TITLE 30—MINERAL LANDS AND MINING

was immediately prior to those operations; or
(3) a general permission to engage in placer mining. No order by the Secretary with respect to
such operations shall be valid unless a certified
copy is filed in the same State or county office
in which the locator’s notice of location has
been filed in compliance with the United States
mining laws.
The Secretary shall establish such rules and
regulations as he deems desirable concerning
bonds and deposits with respect to the restoration of lands to their condition prior to placer
mining operations. Moneys received from any
bond or deposit shall be used for the restoration
of the surface of the claim involved, and any
money received in excess of the amount needed
for the restoration of the surface of that claim
shall be refunded.
(c) Validity of withdrawals unaffected
Nothing in this chapter shall affect the validity of withdrawals or reservations for purposes
other than power development.
(Aug. 11, 1955, ch. 797, § 2, 69 Stat. 682; Pub. L.
86–507, § 1(27), June 11, 1960, 74 Stat. 202; Pub. L.
95–91, title IV, § 402(a)(1)(A), title VII, §§ 703, 707,
Aug. 4, 1977, 91 Stat. 584, 606, 607.)
REFERENCES IN TEXT
Act of April 8, 1948, referred to in subsec. (a), is act
Apr. 8, 1948, ch. 179, 62 Stat. 162, which is not classified
to the Code.
The Federal Power Act, referred to in subsec. (a), is
act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
which is classified generally to chapter 12 (§ 791a et
seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16
and Tables.
AMENDMENTS
1960—Subsec. (b). Pub. L. 86–507 inserted ‘‘or certified
mail’’ after ‘‘registered mail’’.
SHORT TITLE
Section 1 of act Aug. 11, 1955, provided: ‘‘That this
Act [enacting this chapter] may be cited as the ‘Mining
Claims Rights Restoration Act of 1955’.’’
TRANSFER OF FUNCTIONS
‘‘Federal Energy Regulatory Commission’’ substituted for ‘‘Federal Power Commission’’ in subsec. (a)
pursuant to sections 402(a)(1)(A), 703, and 707 of Pub. L.
95–91, which are classified to sections 7172(a)(1)(A), 7293,
and 7297 of Title 42, The Public Health and Welfare, and
which terminated Federal Power Commission and
transferred its functions relating to licensing and permits for dams, reservoirs, or other works for development and improvement of navigation and for development and utilization of power across, along, from, or in
navigable waters under part I of Federal Power Act (16
U.S.C. 791a et seq.) to Federal Energy Regulatory Commission.

ity installed or erected, income, or other property or investments resulting from the actual
use of such lands or portions thereof for power
development at any time where such power development is made by or under the authority of
the United States, except where such damage,
destruction, or loss results from the negligence
of the United States, its permittees and licensees.
(Aug. 11, 1955, ch. 797, § 3, 69 Stat. 682.)
§ 623. Recording and reporting of unpatented
claims; time
The owner of any unpatented mining claim located on land described in section 621 of this
title shall file for record in the United States
district land office of the land district in which
the claim is situated (1) within one year after
August 11, 1955, as to any or all locations heretofore made, or within sixty days of location as
to locations hereafter made, a copy of the notice
of location of the claim; (2) within sixty days
after the expiration of any annual assessment
year, a statement as to the assessment work
done or improvements made during the previous
assessment year.
(Aug. 11, 1955, ch. 797, § 4, 69 Stat. 683.)
§ 624. Protection of existing valid claims
Nothing in this chapter contained shall be
construed to limit or restrict the rights of the
owner or owners of any valid mining claim located prior to the date of withdrawal or reservation: Provided, That nothing in this chapter
shall be construed to limit or restrict the rights
of the owner or owners of any mining claim who
are diligently working to make a discovery of
valuable minerals at the time any future withdrawal or reservation for power development is
made.
(Aug. 11, 1955, ch. 797, § 5, 69 Stat. 683.)
§ 625. Prohibition of unspecified use
Notwithstanding any other provisions of this
chapter, all mining claims and mill sites or mineral rights located under the terms of this chapter or otherwise contained on the public lands as
described in section 621 of this title shall be used
only for the purposes specified in section 621 of
this title and no facility or activity shall be
erected or conducted thereon for other purposes.
(Aug. 11, 1955, ch. 797, § 6, 69 Stat. 683.)
CHAPTER 17—EXPLORATION PROGRAM FOR
DISCOVERY OF MINERALS
Sec.

641.

§ 622. Liability for damage, destruction, or loss of
claim
Prospecting and exploration for and the development and utilization of mineral resources authorized in this chapter shall be entered into or
continued at the financial risk of the individual
party or parties undertaking such work: Provided, That the United States, its permittees and
licensees shall not be responsible or held liable
or incur any liability for the damage, destruction, or loss of any mining claim, mill site, facil-

Page 114

642.
643.
644.
645.
646.

Establishment and maintenance of program
for exploration; financial assistance.
Exploration contracts.
‘‘Exploration’’ defined.
Advice and assistance by Government departments and agencies; expenditure of funds.
Repealed.
Authorization of appropriations.

§ 641. Establishment and maintenance of program for exploration; financial assistance
The Secretary of the Interior is hereby authorized and directed, in order to provide for dis-

Page 115

TITLE 30—MINERAL LANDS AND MINING

covery of additional domestic mineral reserves,
to establish and maintain a program for exploration by private industry within the United
States, its Territories and possessions for such
minerals, excluding organic fuels, as he shall
from time to time designate, and to provide Federal financial assistance on a participating basis
for that purpose.
(Pub. L. 85–701, § 1, Aug. 21, 1958, 72 Stat. 700.)
CONGRESSIONAL DECLARATION OF POLICY
The recital clause of Pub. L. 85–701, which preceded
section 1, provided: ‘‘That it is declared to be the policy
of the Congress to stimulate exploration for minerals
within the United States, its Territories and possessions.’’

§ 642. Exploration contracts
(a) Terms and conditions; interest rates
In order to carry out the purposes of this chapter, and subject to the provisions of this section,
the Secretary is authorized to enter into exploration contracts with individuals, partnerships,
corporations, or other legal entities which shall
provide for such Federal financial participation
as he deems in the national interest. Such contracts shall contain terms and conditions as the
Secretary deems necessary and appropriate, including terms and conditions for the repayment
of the Federal funds made available under any
contract together with interest thereon, as a
royalty on the value of the production from the
area described in the contract. Interest shall be
calculated from the date of the loan. Such interest shall be at rates which (1) are not less than
the rates of interest which the Secretary of the
Treasury shall determine the Department of the
Interior would have to pay if it borrowed such
funds from the Treasury of the United States,
taking into consideration current average yields
on outstanding marketable obligations of the
United States with maturities comparable to
the terms of the particular contracts involved
and (2) plus 2 per centum per annum in lieu of
recovering the cost of administering the particular contracts.
(b) Deposit of royalty payments
Royalty payments received under subsection
(a) of this section shall be covered into the miscellaneous receipts of the Treasury.
(c) Certification of exploration projects; payment
of royalties; time limitation on payment; royalty agreements
When in the opinion of the Secretary an
analysis and evaluation of the results of the exploration project disclose that mineral production from the area covered by the contract may
be possible he shall so certify within the time
specified in the contract. Upon certification,
payment of royalties shall be a charge against
production for the full period specified in the
contract or until the obligation has been discharged, but in no event shall such royalty payments continue for a period of more than twenty-five years from the date of contract. When
the Secretary determines not to certify he shall
promptly notify the contractor. When the Secretary deems it necessary and in the public interest, he may enter into royalty agreements to

§ 646

provide for royalty payments in the same manner as though the project had been certified.
(d) Production
No provision of this chapter, nor any rule or
regulation which may be issued by the Secretary shall be construed to require any production from the area described in the contract.
(e) Rules and regulations; adjustment of contracts
The Secretary shall establish and promulgate
such rules and regulations as may be necessary
to carry out the purposes of this chapter: Provided, however, That he may modify and adjust
the terms and conditions of any contract to reduce the amount and term of any royalty payment when he shall determine that such action
is necessary and in the public interest: Provided
further, That no such single contract shall authorize Government participation in excess of
$250,000.
(f) Availability of funds
No funds shall be made available under this
chapter unless the applicant shall furnish evidence that funds from commercial sources are
unavailable on reasonable terms.
(Pub. L. 85–701, § 2, Aug. 21, 1958, 72 Stat. 700.)
§ 643. ‘‘Exploration’’ defined
As used in this chapter, the term ‘‘exploration’’ means the search for new or unexplored
deposits of minerals, including related development work, within the United States, its Territories and possessions, whether conducted from
the surface or underground, using recognized
and sound procedures including standard geophysical and geochemical methods for obtaining
mineralogical and geological information.
(Pub. L. 85–701, § 3, Aug. 21, 1958, 72 Stat. 701.)
§ 644. Advice and assistance by Government departments and agencies; expenditure of
funds
Departments and agencies of the Government
are authorized to advise and assist the Secretary of the Interior, upon his request, in carrying out the provisions of this chapter and may
expend their funds for such purposes, with or
without reimbursement, in accordance with
such agreements as may be necessary.
(Pub. L. 85–701, § 4, Aug. 21, 1958, 72 Stat. 701.)
§ 645. Repealed. Pub. L. 93–608, § 1(13), Jan. 2,
1975, 88 Stat. 1969
Section, Pub. L. 85–701, § 5, Aug. 21, 1958, 72 Stat. 701;
Pub. L. 89–348, § 2(5), Nov. 8, 1965, 79 Stat. 1312, required
Secretary of the Interior to report to Congress on operations of programs authorized pursuant to this chapter.

§ 646. Authorization of appropriations
There are hereby authorized to be appropriated, from any funds in the Treasury not
otherwise appropriated, such sums as may be
necessary to carry out the provisions of this
chapter.
(Pub. L. 85–701, § 6, Aug. 21, 1958, 72 Stat. 701.)

TITLE 30—MINERAL LANDS AND MINING

§ 661

CHAPTER 18—COAL RESEARCH AND
DEVELOPMENT
Sec.

661.
662.
663, 664.
665.
666.
667.
668.

Short title; definitions.
Powers and duties of Secretary.
Repealed.
Sites for conducting research; availability of
personnel and facilities.
Public-availability requirement; national defense; patent agreements.
Repealed.
Authorization of appropriations.

§ 661. Short title; definitions
(a) This chapter may be cited as the ‘‘Coal Research and Development Act of 1960’’.
(b) In this chapter:
(1) The term ‘‘research’’ means scientific,
technical, and economic research and the
practical application of that research.
(2) The term ‘‘Secretary’’ means the Secretary of Energy.
(Pub. L. 86–599, § 1, as added Pub. L. 109–58, title
X, § 1009(a)(1)(A), Aug. 8, 2005, 119 Stat. 934.)
PRIOR PROVISIONS
A prior section 661, Pub. L. 86–599, § 1, July 7, 1960, 74
Stat. 336, defined terms for purposes of this chapter,
prior to repeal by Pub. L. 109–58, title X, § 1009(a)(1)(A),
Aug. 8, 2005, 119 Stat. 934.

§ 662. Powers and duties of Secretary
The Secretary shall—
(1) develop through research, new and more
efficient methods of mining, preparing, and
utilizing coal;
(2) contract for, sponsor, cosponsor, and promote the coordination of, research with recognized interested groups, including but not limited to, coal trade associations, coal research
associations, educational institutions, and
agencies of States and political subdivisions of
States;
(3) establish technical advisory committees
composed of recognized experts in various aspects of coal research to assist in the examination and evaluation of research progress and of
all research proposals and contracts and to insure the avoidance of duplication of research;
and
(4) cooperate to the fullest extent possible
with other departments, agencies, and independent establishments of the Federal Government and with State governments, and with
all other interested agencies, governmental
and nongovernmental.
(Pub. L. 86–599, § 2, July 7, 1960, 74 Stat. 336; Pub.
L. 109–58, title X, § 1009(a)(1)(B), Aug. 8, 2005, 119
Stat. 934.)

Page 116

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

§§ 663, 664. Repealed. Pub. L. 109–58, title X,
§ 1009(a)(1)(C), Aug. 8, 2005, 119 Stat. 934
Section 663, Pub. L. 86–599, § 3, July 7, 1960, 74 Stat.
336, related to advisory committees appointed under
provisions of chapter.
Section 664, Pub. L. 86–599, § 4 (part), July 7, 1960, 74
Stat. 336, related to appointment of Director of Coal
Research.

§ 665. Sites for conducting research; availability
of personnel and facilities
Research authorized by this chapter may be
conducted wherever suitable personnel and facilities are available.
(Pub. L. 86–599, § 3, formerly § 5, July 7, 1960, 74
Stat. 337; renumbered § 3, Pub. L. 109–58, title X,
§ 1009(a)(1)(D), Aug. 8, 2005, 119 Stat. 934.)
PRIOR PROVISIONS
A prior section 3 of Pub. L. 86–599 was classified to
section 663 of this title, prior to repeal by Pub. L.
109–58, § 1009(a)(1)(C).

§ 666. Public-availability requirement; national
defense; patent agreements
No research shall be carried out, contracted
for, sponsored, cosponsored, or authorized under
authority of this chapter, unless all information, uses, products, processes, patents, and
other developments resulting from such research will (with such exceptions and limitations, if any, as the Secretary may find to be
necessary in the interest of national defense) be
available to the general public. Whenever in the
estimation of the Secretary the purposes of this
chapter would be furthered through the use of
patented processes or equipment, the Secretary
is authorized to enter into such agreements as
he deems necessary for the acquisition or use of
such patents on reasonable terms and conditions.
(Pub. L. 86–599, § 4, formerly § 6, July 7, 1960, 74
Stat. 337; renumbered § 4, Pub. L. 109–58, title X,
§ 1009(a)(1)(D), Aug. 8, 2005, 119 Stat. 934.)

AMENDMENTS
2005—Pub. L. 109–58 struck out ‘‘shall establish within
the Department of the Interior an Office of Coal Research, and through such Office’’ after ‘‘The Secretary’’
in introductory provisions.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of

PRIOR PROVISIONS
A prior section 4 of Pub. L. 86–599 was classified to
section 664 of this title, prior to repeal by Pub. L.
109–58, § 1009(a)(1)(C).

§ 667. Repealed. Pub. L. 109–58, title
§ 1009(a)(1)(C), Aug. 8, 2005, 119 Stat. 934

X,

Section, Pub. L. 86–599, § 7, July 7, 1960, 74 Stat. 337,
related to reports to President and Congress.

Page 117

TITLE 30—MINERAL LANDS AND MINING

§ 668. Authorization of appropriations

§ 702

December 31, 1969) under this chapter not later than
first day of March each year. See note for section 687
above.
Section 689, Pub. L. 87–347, § 9, Oct. 3, 1961, 75 Stat.
768; Pub. L. 89–238, § 1(5), Oct. 5, 1965, 79 Stat. 925, related to penalties for procuring a stabilization payment
(which terminated December 31, 1969) not entitled to
under this chapter and civil and criminal liability for
keeping a payment not entitled to under this chapter.
See note for section 687 above.

(a) Fiscal year beginning July 1, 1960
There is hereby authorized to be appropriated,
out of any money in the Treasury not otherwise
appropriated, to remain available until expended, not to exceed $2,000,000 to be used to
carry out the purposes of this chapter for the
fiscal year beginning July 1, 1960.
(b) Fiscal years beginning after June 30, 1961
There are hereby authorized to be appropriated for each fiscal year beginning after June
30, 1961, such sums as may be necessary to carry
out the purposes of this chapter.
(c) Availability of sums
Sums appropriated to carry out the purposes
of this chapter shall remain available until expended.

CHAPTER
20—CONVEYANCES
TO
OCCUPANTS OF UNPATENTED MINING CLAIMS

(Pub. L. 86–599, § 5, formerly § 8, July 7, 1960, 74
Stat. 337; renumbered § 5, Pub. L. 109–58, title X,
§ 1009(a)(1)(D), Aug. 8, 2005, 119 Stat. 934.)

705.

PRIOR PROVISIONS
A prior section 5 of Pub. L. 86–599 was renumbered
section 3 and is classified to section 665 of this title.

CHAPTER 19—LEAD AND ZINC
STABILIZATION PROGRAM
§§ 681 to 689. Omitted
CODIFICATION
Section 681, Pub. L. 87–347, § 1, Oct. 3, 1961, 75 Stat.
766, stated purpose of this chapter as establishment and
maintenance of a program of stabilization payments
(which terminated December 31, 1969) to small domestic
producers of lead and zinc ores and concentrates in
order to stabilize the mining of lead and zinc by such
producers. See note for section 687 below.
Section 682, Pub. L. 87–347, § 2, Oct. 3, 1961, 75 Stat.
766; Pub. L. 89–238, § 1(1), Oct. 5, 1965, 79 Stat. 925, provided for stabilization payments (which terminated December 31, 1969) and conditions and limitations of payments. See note for section 687 below.
Section 683, Pub. L. 87–347, § 3, Oct. 3, 1961, 75 Stat.
767; Pub. L. 89–238, § 1(2), Oct. 5, 1965, 79 Stat. 925, provided for additional limitations on payments which terminated on December 31, 1969. See note for section 687
below.
Section 684, Pub. L. 87–347, § 4, Oct. 3, 1961, 75 Stat.
767, authorized Secretary to promulgate such regulations and require such reports as deemed necessary to
carry out program of stabilization payments (which
terminated December 31, 1969) under this chapter. See
note for section 687 below.
Section 685, Pub. L. 87–347, § 5, Oct. 3, 1961, 75 Stat.
768, authorized Secretary to delegate functions relating
to stabilization payments (which terminated December
31, 1969) under this chapter to Administrator of General
Services. See note for section 687 below.
Section 686, Pub. L. 87–347, § 6, Oct. 3, 1961, 75 Stat.
768; Pub. L. 88–75, July 25, 1963, 77 Stat. 92; Pub. L.
89–238, § 1(3), Oct. 5, 1965, 79 Stat. 925, defined terms as
used in this chapter relating to stabilization payments
which terminated December 31, 1969. See note for section 687 below.
Section 687, Pub. L. 87–347, § 7, Oct. 3, 1961, 75 Stat.
768; Pub. L. 89–238, § 1(4), Oct. 5, 1965, 79 Stat. 925, provided that no payment be made under this chapter
after Dec. 31, 1969, but permitted authorized payment
only if application therefor was filed not later than
Mar. 31, 1970.
Section 688, Pub. L. 87–347, § 8, Oct. 3, 1961, 75 Stat.
768, required annual reports to Congress on operations
relating to stabilization payments (which terminated

Sec.

701.
702.
703.
704.

706.
707.
708.
709.

Authorization to convey; acreage limitations;
qualified applicants; payment; ‘‘qualified
officer of the United States’’ defined.
‘‘Qualified applicant’’ defined.
Withdrawal of lands in aid of a governmental
unit.
Purchase of substitute lands; limitations;
conditions; payment; conveyance of less
than a fee.
Purchase price of conveyed interest; installment payments.
Liabilities of occupants; trespass; limitations.
Reservation of mineral rights.
Assignments; succession.
Disposition of payments and fees.

§ 701. Authorization to convey; acreage limitations; qualified applicants; payment; ‘‘qualified officer of the United States’’ defined
The Secretary of the Interior may convey to
any occupant of an unpatented mining claim
which is determined by the Secretary to be invalid an interest, up to and including a fee simple, in and to an area within the claim of not
more than (a) five acres or (b) the acreage actually occupied by him, whichever is less. The Secretary may make a like conveyance to any occupant of an unpatented mining claim who, after
notice from a qualified officer of the United
States that the claim is believed to be invalid,
relinquishes to the United States all rights in
and to such claim which he may have under the
mining laws. Any conveyance authorized by this
section, however, shall be made only to a qualified applicant, as that term is defined in section
702 of this title, who applies therefor within the
period ending June 30, 1971, and upon payment of
an amount established in accordance with section 705 of this title.
As used in this section, the term ‘‘qualified officer of the United States’’ means the Secretary
of the Interior or an employee of the Department of the Interior so designated by him: Provided, That the Secretary may delegate his authority to designate qualified officers to the
head of any other department or agency of the
United States with respect to lands within the
administrative jurisdiction of that department
or agency.
(Pub. L. 87–851, § 1, Oct. 23, 1962, 76 Stat. 1127;
Pub. L. 90–111, § 1, Oct. 23, 1967, 81 Stat. 311.)
AMENDMENTS
1967—Pub. L. 90–111 extended from Oct. 23, 1967, to
June 30, 1971, the period in which qualified individuals
shall apply for conveyances authorized by this section.

§ 702. ‘‘Qualified applicant’’ defined
For the purposes of this chapter a qualified applicant is a residential occupant-owner, as of Oc-

§ 703

TITLE 30—MINERAL LANDS AND MINING

tober 23, 1962, of valuable improvements in an
unpatented mining claim which constitute for
him a principal place of residence and which he
and his predecessors in interest were in possession of for not less than seven years prior to
July 23, 1962.
(Pub. L. 87–851, § 2, Oct. 23, 1962, 76 Stat. 1127.)

Page 118

shall take into consideration any equities of the
applicant and his predecessors in interest, including conditions of prior use and occupancy.
In any event the purchase price for any interest
conveyed shall not exceed its fair market value
nor be less than $5 per acre. The Secretary may,
in his discretion, allow payment to be made in
installments.

§ 703. Withdrawal of lands in aid of a governmental unit

(Pub. L. 87–851, § 5, Oct. 23, 1962, 76 Stat. 1128.)

Where the lands for which application is made
under section 701 of this title have been withdrawn in aid of a function of a Federal department or agency other than the Department of
the Interior, or of a State, county, municipality,
water district, or other local governmental subdivision or agency, the Secretary of the Interior
may convey an interest therein only with the
consent of the head of the governmental unit
concerned and under such terms and conditions
as said head may deem necessary.

§ 706. Liabilities of occupants; trespass; limitations

(Pub. L. 87–851, § 3, Oct. 23, 1962, 76 Stat. 1127.)
§ 704. Purchase of substitute lands; limitations;
conditions; payment; conveyance of less than
a fee
(a) If the Secretary of the Interior determines
that conveyance of an interest under section 701
of this title is otherwise justified but the consent required by section 703 of this title is not
given, he may, in accordance with such procedural rules and regulations as he may prescribe,
grant the applicant a right to purchase, for residential use, an interest in another tract of land,
five acres or less in area, from tracts made
available by him for sale under this chapter (1)
from the unappropriated and unreserved lands of
the United States, or (2) from lands subject to
classification under section 315f of title 43. Said
right shall not be granted until arrangements
satisfactory to the Secretary have been made
for termination of the applicant’s occupancy of
his unpatented mining claim and for settlement
of any liability for the unauthorized use thereof
which may have been incurred and shall expire
five years from the date on which it was granted
unless sooner exercised. The amount to be paid
for the interest shall be determined in accordance with section 705 of this title.
(b) Any conveyance of less than a fee made
under this chapter shall include provision for removal from the tract of any improvements or
other property of the applicant at the close of
the period for which the conveyance is made, or
if it be an interest terminating on the death of
the applicant, within one year thereafter.
(Pub. L. 87–851, § 4, Oct. 23, 1962, 76 Stat. 1127.)
§ 705. Purchase price of conveyed interest; installment payments
The Secretary of the Interior, prior to any
conveyance under this chapter, shall determine
the fair market value of the interest to be conveyed, exclusive of the value of any improvements placed on the lands involved by the applicant or his predecessors in interest. Said value
shall be determined as of the date of appraisal.
In establishing the purchase price to be paid by
the applicant for the interest, the Secretary

(a) The execution of a conveyance as authorized by section 701 of this title shall not relieve
any occupant of the land conveyed of any liability, existing on the date of said conveyance, to
the United States for unauthorized use of the
land in and to which an interest is conveyed.
(b) Except where a mining claim embracing
land applied for under this chapter by a qualified applicant was located at a time when the
land included therein was withdrawn or otherwise not subject to such location, no trespass
charges shall be sought or collected by the
United States from any qualified applicant who
has filed an application for land in the mining
claim pursuant to this chapter, based upon occupancy of such claim, whether residential or
otherwise, for any period preceding the final administrative determination of the invalidity of
the mining claim by the Secretary of the Interior or the voluntary relinquishment of the mining claim, whichever occurs earlier. Nothing
contained in this chapter shall be construed as
creating any liability for trespass to the United
States which would not exist in the absence of
this chapter. Relief under this section shall be
limited to persons who file applications for conveyances pursuant to section 701 of this title
within the period ending June 30, 1971.
(Pub. L. 87–851, § 6, Oct. 23, 1962, 76 Stat. 1128;
Pub. L. 90–111, § 2, Oct. 23, 1967, 81 Stat. 311.)
AMENDMENTS
1967—Subsec. (b). Pub. L. 90–111 extended from Oct. 23,
1967 to June 30, 1971, the period in which relief shall be
accorded under this section to individuals who apply
for conveyances pursuant to section 701 of this title.

§ 707. Reservation of mineral rights
In any conveyance under this chapter the mineral interests of the United States in the lands
conveyed are reserved for the term of the estate
conveyed. Minerals locatable under the mining
laws or disposable under subchapter I of chapter
15 of this title, are withdrawn from all forms of
entry and appropriation for the term of the estate. The underlying oil, gas, and other leasable
minerals of the United States are reserved for
exploration and development purposes, but without the right of surface ingress and egress, and
may be leased by the Secretary under the mineral leasing laws.
(Pub. L. 87–851, § 7, Oct. 23, 1962, 76 Stat. 1128.)
§ 708. Assignments; succession
Rights and privileges to qualify as an applicant under this chapter shall not be assignable,
but may pass through devise or descent.

Page 119

TITLE 30—MINERAL LANDS AND MINING

(Pub. L. 87–851, § 8, Oct. 23, 1962, 76 Stat. 1128.)
§ 709. Disposition of payments and fees
Payments of filing fees and survey costs, and
the payments of the purchase price for patents
in fee shall be disposed of by the Secretary of
the Interior as are such fees, costs, and purchase
prices in the disposition of public lands. All payments and fees for occupancy in conveyances of
less than the fee, or for permits for life or shorter periods, shall be disposed of by the administering department or agency as are other receipts for the use of the lands involved.

Mines of Department of the Interior. See section 557a of
Title 29, Labor.
Section 737, Pub. L. 89–577, § 18, Sept. 16, 1966, 80 Stat.
784, related to non-applicability of Administrative Procedure Act to proceedings under chapter. See section
815 of this title.
Section 738, Pub. L. 89–577, § 19, Sept. 16, 1966, 80 Stat.
784, related to effect of chapter on State laws. See section 811 of this title.
Section 739, Pub. L. 89–577, § 20, Sept. 16, 1966, 80 Stat.
784, related to annual report of Secretary of the Interior to Congress. See section 557a of Title 29, Labor.
Section 740, Pub. L. 89–577, § 21, Sept. 16, 1966, 80 Stat.
784, authorized appropriations necessary to carry out
chapter. See section 824 of this title.

(Pub. L. 87–851, § 9, Oct. 23, 1962, 76 Stat. 1128.)

EFFECTIVE DATE OF REPEAL

CHAPTER 21—METAL AND NONMETALLIC
MINE SAFETY

Repeal effective 120 days after Nov. 9, 1977, see section
307 of Pub. L. 95–164, set out as an Effective Date of 1977
Amendment note under section 801 of this title.

§§ 721 to 740. Repealed. Pub. L. 95–164, title III,
§ 306(a), Nov. 9, 1977, 91 Stat. 1322

CHAPTER 22—MINE SAFETY AND HEALTH

This chapter, covering the operation of only metal
and nonmetallic mines, is covered by section 801 et seq.
of this title following the enactment of Pub. L. 95–164
which brought the operation of all coal and other mines
under a single legislative canopy.
Section 721, Pub. L. 89–577, § 2, Sept. 16, 1966, 80 Stat.
772, defined ‘‘commerce’’, ‘‘mine’’, ‘‘operator’’, ‘‘Secretary’’, and ‘‘Board’’. See section 802 of this title.
Section 722, Pub. L. 89–577, § 3, Sept. 16, 1966, 80 Stat.
773, described mines to be covered and empowered Secretary of the Interior to decline jurisdiction if effect of
the mine on commerce was not sufficiently substantial.
See section 801 et seq. of this title.
Section 723, Pub. L. 89–577, § 4, Sept. 16, 1966, 80 Stat.
773, related to investigations of metal and nonmetallic
mines to obtain information relating to health and
safety conditions. See section 811 of this title.
Section 724, Pub. L. 89–577, § 5, Sept. 16, 1966, 80 Stat.
773, related to admission of investigators to mines. See
section 813 of this title.
Section 725, Pub. L. 89–577, § 6, Sept. 16, 1966, 80 Stat.
774, related to development of health and safety standards. See section 811 of this title.
Section 726, Pub. L. 89–577, § 7, Sept. 16, 1966, 80 Stat.
775, related to advisory committees. See section 812 of
this title.
Section 727, Pub. L. 89–577, § 8, Sept. 16, 1966, 80 Stat.
775, related to findings and orders. See section 814 of
this title.
Section 728, Pub. L. 89–577, § 9, Sept. 16, 1966, 80 Stat.
777, related to review of orders by Secretary of the Interior. See section 815 of this title.
Section 729, Pub. L. 89–577, § 10, Sept. 16, 1966, 80 Stat.
778, created Federal Metal and Nonmetallic Mine Safety Board of Review. See section 823 of this title.
Section 730, Pub. L. 89–577, § 11, Sept. 16, 1966, 80 Stat.
779, related to review functions of Federal Metal and
Nonmetallic Mine Safety Board of Review. See section
823 of this title.
Section 731, Pub. L. 89–577, § 12, Sept. 16, 1966, 80 Stat.
781, related to judicial review of final orders of Federal
Metal and Nonmetallic Mine Safety Board of Review.
See section 816 of this title.
Section 732, Pub. L. 89–577, § 13, Sept. 16, 1966, 80 Stat.
782, related to accident and related reports to Secretary
of the Interior. See section 813 of this title.
Section 733, Pub. L. 89–577, § 14, Sept. 16, 1966, 80 Stat.
782, related to penalties to be imposed for violations of
the chapter. See section 820 of this title.
Section 734, Pub. L. 89–577, § 15, Sept. 16, 1966, 80 Stat.
782, related to programs of education and training for
employers and employees. See section 825 of this title.
Section 735, Pub. L. 89–577, § 16, Sept. 16, 1966, 80 Stat.
782, related to State plans and cooperation with State
agencies. See section 811 of this title.
Section 736, Pub. L. 89–577, § 17, Sept. 16, 1966, 80 Stat.
783, related to administration of chapter by Bureau of

Sec.

801.
802.
803.
804.

Congressional findings and declaration of purpose.
Definitions.
Mines subject to coverage.
Interim Compliance Panel.
SUBCHAPTER I—GENERAL

811.
812.
813.
814.
815.
816.
817.
818.
819.
820.
821.
822.
823.
823a.
824.
825.
826.

Mandatory safety and health standards.
Advisory committees.
Inspections,
investigations,
and
recordkeeping.
Citations and orders.
Procedure for enforcement.
Judicial review of Commission orders.
Procedures to counteract dangerous conditions.
Injunctions.
Posting of orders and decisions.
Penalties.
Entitlement of miners to full compensation.
Representation of Secretary in civil litigation by Solicitor of Labor.
Federal Mine Safety and Health Review Commission.
Principal office in District of Columbia; proceedings held elsewhere.
Authorization of appropriations.
Mandatory health and safety training.
Limitation on certain liability for rescue operations.

SUBCHAPTER II—INTERIM MANDATORY HEALTH
STANDARDS
841.
842.
843.
844.
845.
846.

Mandatory health standards for underground
mines; enforcement; review; purpose.
Dust concentration and respiratory equipment.
Medical examinations.
Rock dust and gas hazards; controls.
Dust standards in presence of quartz.
Noise standards; promulgation of new standards; tests; procedures; protective devices.

SUBCHAPTER III—INTERIM MANDATORY SAFETY
STANDARDS FOR UNDERGROUND COAL MINES
861.
862.
863.
864.
865.
866.
867.
868.
869.

Mandatory safety standards for underground
mines.
Roof support.
Ventilation.
Combustible materials and rock dusting.
Electrical equipment.
Trailing cables.
Grounding of equipment.
Underground high-voltage distribution.
Underground low- and medium-voltage alternating current circuits.

§ 801

TITLE 30—MINERAL LANDS AND MINING

Sec.

Sec.

870.
871.
872.
873.
874.
875.

961.

Trolley wires and trolley feeder wires.
Fire protection.
Maps.
Blasting and explosives.
Hoisting and mantrips.
Emergency shelters; construction; contents;
implementation plans.
876.
Communication facilities; locations and
emergency response plans.
877.
General safety provisions.
878.
Definitions.
SUBCHAPTER IV—BLACK LUNG BENEFITS
PART A—GENERAL PROVISIONS
901.
902.
903.
904.

Congressional findings and declaration of purpose; short title.
Definitions.
Field offices.
Repealed.

PART B—CLAIMS FOR BENEFITS FILED ON OR BEFORE
DECEMBER 31, 1973
921.
922.
923.
924.
924a.
925.

Regulations and presumptions.
Payment of benefits.
Filing of notice of claim.
Time for filing claims.
Repealed.
Procedure for the determination of claims
during transition period.

PART C—CLAIMS FOR BENEFITS AFTER DECEMBER 31,
1973
931.

Benefits under State workmen’s compensation laws.
932.
Failure to meet workmen’s compensation requirements.
932a.
Appointment of qualified individuals to hear
and determine claims for benefits.
933.
Duties of operators in States not qualifying
under workmen’s compensation laws.
934.
‘‘Fund’’ defined; liability of operators to
United States for repayments to fund; procedures applicable; rate of interest.
934a.
Repealed.
935.
Utilization of services of State and local
agencies.
936.
Regulations and reports.
937.
Contracts and grants.
938.
Miners suffering from pneumoconiosis; discrimination prohibited.
939.
Authorization of appropriations.
940.
Applicability of amendments to part B of this
subchapter to this part.
941.
Penalty for false statements or representations.
942.
Miner benefit entitlement reports; penalty
for failure or refusal to file.
943.
Black lung insurance program.
944.
Statement of reasons for denial of claim.
945.
Repealed.
SUBCHAPTER V—ADMINISTRATIVE PROVISIONS
951.
951a.
952.
953.
954.
955.
956.
957.
958.
959.
960.

Studies and research.
Health, Safety, and Mining Technology Research program.
Training and education.
Assistance to States.
Appointment of administrative personnel and
inspectors; qualifications; training programs.
State laws.
Applicability of administrative procedure
provisions.
Promulgation of regulations.
Annual reports to Congress; contents.
Study of coordination of Federal and State
activities; report.
Limitation on issuance of temporary restraining order or preliminary injunction.

962.

963.
964.
965.

Page 120

Functions transferred under 1977 amendments.
Acceptance of contributions and prosecution
of projects; cooperative programs to promote health and safety education and training; recognition and funding of Joseph A.
Holmes Safety Association; use of funds for
costs of mine rescue and survival operations.
Technical Study Panel.
Scholarships.
Brookwood-Sago Mine Safety Grants.

§ 801. Congressional findings and declaration of
purpose
Congress declares that—
(a) the first priority and concern of all in the
coal or other mining industry must be the
health and safety of its most precious resource—the miner;
(b) deaths and serious injuries from unsafe
and unhealthful conditions and practices in
the coal or other mines cause grief and suffering to the miners and to their families;
(c) there is an urgent need to provide more
effective means and measures for improving
the working conditions and practices in the
Nation’s coal or other mines in order to prevent death and serious physical harm, and in
order to prevent occupational diseases originating in such mines;
(d) the existence of unsafe and unhealthful
conditions and practices in the Nation’s coal
or other mines is a serious impediment to the
future growth of the coal or other mining industry and cannot be tolerated;
(e) the operators of such mines with the assistance of the miners have the primary responsibility to prevent the existence of such
conditions and practices in such mines;
(f) the disruption of production and the loss
of income to operators and miners as a result
of coal or other mine accidents or occupationally caused diseases unduly impedes and burdens commerce; and
(g) it is the purpose of this chapter (1) to establish interim mandatory health and safety
standards and to direct the Secretary of
Health and Human Services and the Secretary
of Labor to develop and promulgate improved
mandatory health or safety standards to protect the health and safety of the Nation’s coal
or other miners; (2) to require that each operator of a coal or other mine and every miner in
such mine comply with such standards; (3) to
cooperate with, and provide assistance to, the
States in the development and enforcement of
effective State coal or other mine health and
safety programs; and (4) to improve and expand, in cooperation with the States and the
coal or other mining industry, research and
development and training programs aimed at
preventing coal or other mine accidents and
occupationally caused diseases in the industry.
(Pub. L. 91–173, § 2, Dec. 30, 1969, 83 Stat. 742; Pub.
L. 95–164, title I, § 102(a), Nov. 9, 1977, 91 Stat.
1290; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979,
93 Stat. 695.)
REFERENCES IN TEXT
This chapter, referred to in par. (g), was in the original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83

Page 121

TITLE 30—MINERAL LANDS AND MINING

Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out below and Tables.
AMENDMENTS
1977—Pars. (a) to (d), (f). Pub. L. 95–164, § 102(a)(1), inserted ‘‘or other’’ after ‘‘coal’’ wherever appearing.
Par. (g). Pub. L. 95–164, § 102(a)(1), (2), inserted ‘‘or
other’’ after ‘‘coal’’ wherever appearing and substituted
‘‘Secretary of Labor’’ for ‘‘Secretary of the Interior’’.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in par. (g) pursuant to section 509(b) of Pub. L.
96–88 which is classified to section 3508(b) of Title 20,
Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Section 307 of Pub. L. 95–164 provided that: ‘‘Except as
otherwise provided, this Act and the amendments made
by this Act [see Short Title of 1977 Amendment note
below] shall take effect 120 days after the date of enactment of this Act [Nov. 9, 1977]. The Secretary of Labor
and the Secretary of the Interior are authorized to establish such rules and regulations as may be necessary
for the efficient transfer of functions provided under
this Act. The amendment to the Federal Coal Mine
Health and Safety Act of 1969 made by section 202 of
this Act [amending section 842(e) of this title and repealing subsec. (k) of section 878 of this title] shall be
effective on the date of enactment [Nov. 9, 1977].’’
EFFECTIVE DATE
Section 509 of Pub. L. 91–173 provided that: ‘‘Except to
the extent an earlier date is specifically provided in
this Act [see Short Title note below], the provisions of
titles I and III of this Act [subchapters I and III of this
chapter] shall become operative ninety days after the
date of enactment of this Act [Dec. 30, 1969], and the
provisions of title II of this Act [subchapter II of this
chapter] shall become operative six months after the
date of enactment of this Act. The provisions of the
Federal Coal Mine Safety Act, as amended [section 451
et seq. of this title], are repealed on the operative date
of titles I and III of this Act except that such provisions shall continue to apply to any order, notice, decision, or finding issued under that Act prior to such operative date and to any proceedings related to such
order, notice, decision or findings. All other provisions
of this Act, shall be effective on the date of enactment
of this Act [Dec. 30, 1969].’’
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–236, § 1, June 15, 2006, 120 Stat. 493, provided that: ‘‘This Act [enacting sections 826 and 963 to
965 of this title, amending sections 813, 818, 820, 825, and
876 of this title and section 671 of Title 29, Labor, and
enacting provisions set out as notes under this section
and sections 811 and 820 of this title] may be cited as
the ‘Mine Improvement and New Emergency Response
Act of 2006’ or the ‘MINER Act’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–275, § 1, Nov. 2, 2002, 116 Stat. 1925, provided that: ‘‘This Act [amending sections 902, 921 to 924,
925, 932a, and 936 of this title, repealing sections 904,
924a, and 945 of this title, and enacting provisions set
out as notes under sections 902 and 921 of this title]
may be cited as the ‘Black Lung Consolidation of Administrative Responsibility Act’.’’
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97–119, title II, § 201(a), Dec. 29, 1981, 95 Stat.
1643, provided that: ‘‘This title [amending sections 901,
902, 921 to 923, 932, and 940 of this title and enacting provisions set out as notes under section 901 of this title]

§ 802

may be cited as the ‘Black Lung Benefits Amendments
of 1981’.’’
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95–239, § 1, Mar. 1, 1978, 92 Stat. 95, provided
that: ‘‘This Act [enacting sections 903, 904, 924a, and 942
to 945 of this title, amending sections 901, 902, 921 to 924,
931, 932, 933, 937, 940, and 941 of this title, and enacting
provisions set out as notes under sections 901, 932a, and
934a of this title, section 4121 of Title 26, Internal Revenue Code, and section 675 of Title 29, Labor] may be
cited as the ‘Black Lung Benefits Reform Act of 1977’.’’
SHORT TITLE OF 1977 AMENDMENT
Section 1 of Pub. L. 95–164 provided: ‘‘That this Act
[enacting sections 822 to 825 and 961 of this title and
section 557a of Title 29, Labor, amending this section,
sections 802 to 804, 811 to 821, 842, 861, 878, 951 to 955, 958,
and 959 of this title, and sections 5314 and 5315 of Title
5, Government Organization and Employees, repealing
sections 721 to 740 of this title and section 1456a of Title
43, Public Lands, and enacting provisions set out as
notes under this section, section 954 of this title and
section 11 of former Title 31, Money and Finance] may
be cited as the ‘Federal Mine Safety and Health
Amendments Act of 1977’.’’
SHORT TITLE OF 1972 AMENDMENT
Pub. L. 92–303, § 1(a), May 19, 1972, 86 Stat. 150, provided: ‘‘That this Act [enacting sections 925 and 937 to
941 of this title, amending sections 901, 902, 921 to 924,
931, 932, 933, 934, and 936 of this title, and enacting provisions set out as notes under sections 921 to 923 of this
title] may be cited as the ‘Black Lung Benefits Act of
1972’.’’
SHORT TITLE
Section 1 of Pub. L. 91–173, as amended by Pub. L.
95–164, title I, § 101, Nov. 9, 1977, 91 Stat. 1290, provided:
‘‘That this Act [which was known as the Federal Coal
Mine Health and Safety Act of 1969 prior to the amendment by Pub. L. 95–164 and which enacted this chapter,
amended sections 633 and 636 of Title 15, Commerce and
Trade, repealed sections 451 to 460 and 471 to 483 of this
title, and enacted provisions set out as notes under this
section and section 636 of Title 15] may be cited as the
‘Federal Mine Safety and Health Act of 1977’.’’
For short title of subchapter IV of this chapter as the
‘‘Black Lung Benefits Act’’, see section 901(b) of this
title.
SEPARABILITY
Section 510 of Pub. L. 91–173 provided that: ‘‘If any
provision of this Act [see Short Title note set out
above], or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Act, or the application of such provision to
persons or circumstances other than those as to which
it is held invalid, shall not be affected thereby.’’
REQUIREMENT CONCERNING FAMILY LIAISONS
Pub. L. 109–236, § 7, June 15, 2006, 120 Stat. 500, provided that: ‘‘The Secretary of Labor shall establish a
policy that—
‘‘(1) requires the temporary assignment of an individual Department of Labor official to be a liaison
between the Department and the families of victims
of mine tragedies involving multiple deaths;
‘‘(2) requires the Mine Safety and Health Administration to be as responsive as possible to requests
from the families of mine accident victims for information relating to mine accidents; and
‘‘(3) requires that in such accidents, that the Mine
Safety and Health Administration shall serve as the
primary communicator with the operator, miners’
families, the press and the public.’’

§ 802. Definitions
For the purpose of this chapter, the term—

§ 803

TITLE 30—MINERAL LANDS AND MINING

(a) ‘‘Secretary’’ means the Secretary of
Labor or his delegate;
(b) ‘‘commerce’’ means trade, traffic, commerce, transportation, or communication
among the several States, or between a place
in a State and any place outside thereof, or
within the District of Columbia or a possession of the United States, or between points in
the same State but through a point outside
thereof;
(c) ‘‘State’’ includes a State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, and the Trust Territory of the Pacific Islands;
(d) ‘‘operator’’ means any owner, lessee, or
other person who operates, controls, or supervises a coal or other mine or any independent
contractor performing services or construction at such mine;
(e) ‘‘agent’’ means any person charged with
responsibility for the operation of all or a part
of a coal or other mine or the supervision of
the miners in a coal or other mine;
(f) ‘‘person’’ means any individual, partnership, association, corporation, firm, subsidiary
of a corporation, or other organization;
(g) ‘‘miner’’ means any individual working
in a coal or other mine;
(h)(1) ‘‘coal or other mine’’ means (A) an
area of land from which minerals are extracted in nonliquid form or, if in liquid form,
are extracted with workers underground, (B)
private ways and roads appurtenant to such
area, and (C) lands, excavations, underground
passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property including impoundments, retention dams, and tailings
ponds, on the surface or underground, used in,
or to be used in, or resulting from, the work of
extracting such minerals from their natural
deposits in nonliquid form, or if in liquid form,
with workers underground, or used in, or to be
used in, the milling of such minerals, or the
work of preparing coal or other minerals, and
includes custom coal preparation facilities. In
making a determination of what constitutes
mineral milling for purposes of this chapter,
the Secretary shall give due consideration to
the convenience of administration resulting
from the delegation to one Assistant Secretary of all authority with respect to the
health and safety of miners employed at one
physical establishment;
(2) For purposes of subchapters II, III, and IV
of this chapter, ‘‘coal mine’’ means an area of
land and all structures, facilities, machinery,
tools, equipment, shafts, slopes, tunnels, excavations, and other property, real or personal,
placed upon, under, or above the surface of
such land by any person, used in, or to be used
in, or resulting from, the work of extracting in
such area bituminous coal, lignite, or anthracite from its natural deposits in the earth by
any means or method, and the work of preparing the coal so extracted, and includes custom
coal preparation facilities;
(i) ‘‘work of preparing the coal’’ means the
breaking, crushing, sizing, cleaning, washing,
drying, mixing, storing, and loading of bitu-

Page 122

minous coal, lignite, or anthracite, and such
other work of preparing such coal as is usually
done by the operator of the coal mine;
(j) ‘‘imminent danger’’ means the existence
of any condition or practice in a coal or other
mine which could reasonably be expected to
cause death or serious physical harm before
such condition or practice can be abated;
(k) ‘‘accident’’ includes a mine explosion,
mine ignition, mine fire, or mine inundation,
or injury to, or death of, any person;
(l) ‘‘mandatory health or safety standard’’
means the interim mandatory health or safety
standards established by subchapters II and III
of this chapter, and the standards promulgated
pursuant to subchapter I of this chapter;
(m) ‘‘Panel’’ means the Interim Compliance
Panel established by this chapter; and
(n) ‘‘Administration’’ means the Mine Safety
and Health Administration in the Department
of Labor.
(o) ‘‘Commission’’ means the Federal Mine
Safety and Health Review Commission.
(Pub. L. 91–173, § 3, Dec. 30, 1969, 83 Stat. 743; Pub.
L. 95–164, title I, § 102(b), Nov. 9, 1977, 91 Stat.
1290.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of this
title and Tables.
AMENDMENTS
1977—Par. (a). Pub. L. 95–164, § 102(b)(1), substituted
‘‘Secretary of Labor’’ for ‘‘Secretary of the Interior’’.
Par. (d). Pub. L. 95–164, § 102(b)(2), (4), substituted ‘‘supervises a coal or other mine or any independent contractor performing services or construction at such
mine’’ for ‘‘supervises a coal mine’’.
Pars. (e), (g). Pub. L. 95–164, § 102(b)(4), inserted ‘‘or
other’’ after ‘‘coal’’ wherever appearing.
Par. (h). Pub. L. 95–164, § 102(b)(3), added subpar. (1),
designated existing provisions as subpar. (2), and inserted ‘‘For purposes of subchapters II, III, and IV of
this chapter,’’ after ‘‘(2)’’.
Par. (j). Pub. L. 95–164, § 102(b)(4), inserted ‘‘or other’’
after ‘‘coal’’.
Pars. (n), (o). Pub. L. 95–164, § 102(b)(5), added pars. (n)
and (o).
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

§ 803. Mines subject to coverage
Each coal or other mine, the products of which
enter commerce, or the operations or products
of which affect commerce, and each operator of
such mine, and every miner in such mine shall
be subject to the provisions of this chapter.
(Pub. L. 91–173, § 4, Dec. 30, 1969, 83 Stat. 744; Pub.
L. 95–164, title I, § 102(c), Nov. 9, 1977, 91 Stat.
1291.)

Page 123

TITLE 30—MINERAL LANDS AND MINING
REFERENCES IN TEXT

This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of this
title and Tables.
AMENDMENTS
1977—Pub. L. 95–164 inserted ‘‘or other’’ after ‘‘coal’’.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 804. Interim Compliance Panel
(a) Establishment; composition
There is hereby established the Interim Compliance Panel, which shall be composed of five
members as follows:
(1) Assistant Secretary of Labor for Labor
Standards, Department of Labor, or his delegate;
(2) Director of the National Institute of
Standards and Technology, Department of
Commerce, or his delegate;
(3) Administrator of Consumer Protection
and Environmental Health Service, Department of Health and Human Services, or his
delegate;
(4) Director of the United States Bureau of
Mines, Department of the Interior, or his delegate; and
(5) Director of the National Science Foundation, or his delegate.
(b) Compensation; travel and subsistence expenses
Members of the Panel shall serve without
compensation in addition to that received in
their regular employment, but shall be entitled
to reimbursement for travel, subsistence, and
other necessary expenses incurred by them in
the performance of duties vested in the Panel.
(c) Cooperation of Federal agencies
Notwithstanding any other provision of law,
the Secretary of Health and Human Services,
the Secretary of Commerce, the Secretary of the
Interior, and the Secretary shall, upon request
of the Panel, provide the Panel such personnel
and other assistance as the Panel determines
necessary to enable it to carry out its functions
under this chapter.
(d) Quorum; voting; selection of chairman
Three members of the Panel shall constitute a
quorum for doing business. All decisions of the
Panel shall be by majority vote. The chairman
of the Panel shall be selected by the members
from among the membership thereof.
(e) Appointment of administrative law judges;
provisions applicable
The Panel is authorized to appoint as many
administrative law judges as are necessary for
proceedings required to be conducted in accordance with the provisions of this chapter. The
provisions applicable to administrative law
judges appointed under section 3105 of title 5

§ 804

shall be applicable to administrative law judges
appointed pursuant to this subsection.
(f) Functions; hearings; notice and review; termination; annual report
(1) It shall be the function of the Panel to
carry out the duties imposed on it pursuant to
this chapter and to provide an opportunity for a
public hearing, after notice, at the request of an
operator of the affected coal mine or the representative of the miners of such mine. Any operator or representative of miners aggrieved by
a final decision of the Panel may file a petition
for review of such decision under section 816 of
this title. The provisions of this section shall
terminate upon completion of the Panel’s functions as set forth under this chapter. Any hearing held pursuant to this subsection shall be of
record and the Panel shall make findings of fact
and shall issue a written decision incorporating
its findings therein in accordance with section
554 of title 5.
(2) The Panel shall make an annual report, in
writing, to the Secretary for transmittal by him
to the Congress concerning the achievement of
its purposes, and any other relevant information
(including any recommendations) which it
deems appropriate.
(Pub. L. 91–173, § 5, Dec. 30, 1969, 83 Stat. 744; Pub.
L. 95–164, title I, § 102(d), Nov. 9, 1977, 91 Stat.
1291; Pub. L. 95–251, § 2(a)(9), Mar. 27, 1978, 92
Stat. 183; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695; Pub. L. 100–418, title V,
§ 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (c), (e), and (f)(1),
was in the original ‘‘this Act’’, meaning Pub. L. 91–173,
Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine
Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 801 of this title and Tables.
AMENDMENTS
1988—Subsec. (a)(2). Pub. L. 100–418 substituted ‘‘National Institute of Standards and Technology’’ for ‘‘Bureau of Standards’’.
1978—Subsec. (e). Pub. L. 95–251 substituted ‘‘administrative law judges’’ for ‘‘hearing examiners’’ wherever
appearing.
1977—Subsec. (c). Pub. L. 95–164 substituted ‘‘Secretary of the Interior’’ for ‘‘Secretary of Labor’’.
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted for
‘‘Bureau of Mines’’ in subsec. (a)(4) pursuant to section
10(b) of Pub. L. 102–285, set out as a note under section
1 of this title. For provisions relating to closure and
transfer of functions of the United States Bureau of
Mines, see Transfer of Functions note set out under
section 1 of this title.
‘‘Department of Health and Human Services’’ substituted for ‘‘Department of Health, Education, and
Welfare’’ in subsec. (a) and ‘‘Secretary of Health and
Human Services’’ substituted for ‘‘Secretary of Health,
Education, and Welfare’’ in subsec. (c) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section
3508(b) of Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section

§ 811

TITLE 30—MINERAL LANDS AND MINING

307 of Pub. L. 95–164, set out as a note under section 801
of this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (f)(2) of this section relating to transmitting
annual report to Congress, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 114 of House
Document No. 103–7.

SUBCHAPTER I—GENERAL
§ 811. Mandatory safety and health standards
(a) Development, promulgation, and revision
The Secretary shall by rule in accordance with
procedures set forth in this section and in accordance with section 553 of title 5 (without regard to any reference in such section to sections
556 and 557 of such title), develop, promulgate,
and revise as may be appropriate, improved
mandatory health or safety standards for the
protection of life and prevention of injuries in
coal or other mines.
(1) Whenever the Secretary, upon the basis of
information submitted to him in writing by an
interested person, a representative of any organization of employers or employees, a nationally
recognized standards-producing organization,
the Secretary of Health and Human Services,
the National Institute for Occupational Safety
and Health, or a State or political subdivision,
or on the basis of information developed by the
Secretary or otherwise available to him, determines that a rule should be promulgated in
order to serve the objectives of this chapter, the
Secretary may request the recommendation of
an advisory committee appointed under section
812(c) of this title. The Secretary shall provide
such an advisory committee with any proposals
of his own or of the Secretary of Health and
Human Services, together with all pertinent factual information developed by the Secretary or
the Secretary of Health and Human Services, or
otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary
its recommendations regarding the rule to be
promulgated within 60 days from the date of its
appointment or within such longer or shorter
period as may be prescribed by the Secretary,
but in no event for a period which is longer than
180 days. When the Secretary receives a recommendation, accompanied by appropriate criteria, from the National Institute for Occupational Safety and Health that a rule be promulgated, modified, or revoked, the Secretary must,
within 60 days after receipt thereof, refer such
recommendation to an advisory committee pursuant to this paragraph, or publish such as a
proposed rule pursuant to paragraph (2), or publish in the Federal Register his determination
not to do so, and his reasons therefor. The Secretary shall be required to request the recommendations of an advisory committee appointed
under section 812(c) of this title if the rule to be
promulgated is, in the discretion of the Secretary which shall be final, new in effect or application and has significant economic impact.
(2) The Secretary shall publish a proposed rule
promulgating, modifying, or revoking a manda-

Page 124

tory health or safety standard in the Federal
Register. If the Secretary determines that a rule
should be proposed and in connection therewith
has appointed an advisory committee as provided by paragraph (1), the Secretary shall publish a proposed rule, or the reasons for his determination not to publish such rule, within 60
days following the submission of the advisory
committee’s recommendation or the expiration
of the period of time prescribed by the Secretary
in such submission. In either event, the Secretary shall afford interested persons a period of
30 days after any such publication to submit
written data or comments on the proposed rule.
Such comment period may be extended by the
Secretary upon a finding of good cause, which
the Secretary shall publish in the Federal Register. Publication shall include the text of such
rules proposed in their entirety, a comparative
text of the proposed changes in existing rules,
and shall include a comprehensive index to the
rules, cross-referenced by subject matter.
(3) On or before the last day of the period provided for the submission of written data or comments under paragraph (2), any interested person may file with the Secretary written objections to the proposed mandatory health or safety standard, stating the grounds therefor and requesting a public hearing on such objections.
Within 60 days after the last day for filing such
objections, the Secretary shall publish in the
Federal Register a notice specifying the mandatory health or safety standard to which objections have been filed and a hearing requested,
and specifying a time and place for such hearing. Any hearing under this subsection for the
purpose of hearing relevant information shall
commence within 60 days after the date of publication of the notice of hearing. Hearings required by this subsection shall be conducted by
the Secretary, who may prescribe rules and
make rulings concerning procedures in such
hearings to avoid unnecessary cost or delay.
Subject to the need to avoid undue delay, the
Secretary shall provide for procedures that will
afford interested parties the right to participate
in the hearing, including the right to present
oral statements and to offer written comments
and data. The Secretary may require by subpoena the attendance of witnesses and the production of evidence in connection with any proceeding initiated under this section. If a person
refuses to obey a subpoena under this subsection, a United States district court within
the jurisdiction of which a proceeding under this
subsection is conducted may, upon petition by
the Secretary, issue an order requiring compliance with such subpoena. A transcript shall be
taken of any such hearing and shall be available
to the public.
(4)(A) Within 90 days after certification of the
record of the hearing held pursuant to paragraph
(3), the Secretary shall by rule promulgate,
modify, or revoke such mandatory health or
safety standards, and publish his reasons therefor.
(B) In the case of a proposed mandatory health
or safety standard to which objections requesting a public hearing have not been filed, the Secretary, within 90 days after the period for filing
such objections has expired, shall by rule pro-

Page 125

TITLE 30—MINERAL LANDS AND MINING

mulgate, modify, or revoke such mandatory
standards, and publish his reasons therefor.
(C) In the event the Secretary determines that
a proposed mandatory health or safety standard
should not be promulgated he shall, within the
times specified in subparagraphs (A) and (B)
publish his reasons for his determination.
(5) Any mandatory health or safety standard
promulgated as a final rule under this section
shall be effective upon publication in the Federal Register unless the Secretary specifies a
later date.
(6)(A) The Secretary, in promulgating mandatory standards dealing with toxic materials or
harmful physical agents under this subsection,
shall set standards which most adequately assure on the basis of the best available evidence
that no miner will suffer material impairment
of health or functional capacity even if such
miner has regular exposure to the hazards dealt
with by such standard for the period of his working life. Development of mandatory standards
under this subsection shall be based upon research, demonstrations, experiments, and such
other information as may be appropriate. In addition to the attainment of the highest degree of
health and safety protection for the miner,
other considerations shall be the latest available scientific data in the field, the feasibility of
the standards, and experience gained under this
and other health and safety laws. Whenever
practicable, the mandatory health or safety
standard promulgated shall be expressed in
terms of objective criteria and of the performance desired.
(B) The Secretary of Health and Human Services, as soon as possible after November 9, 1977,
but in no event later than 18 months after such
date and on a continuing basis thereafter, shall,
for each toxic material or harmful physical
agent which is used or found in a mine, determine whether such material or agent is potentially toxic at the concentrations in which it is
used or found in a mine. The Secretary of Health
and Human Services shall submit such determinations with respect to such toxic substances
or harmful physical agents to the Secretary.
Thereafter, the Secretary of Health and Human
Services shall submit to the Secretary all pertinent criteria regarding any such substances determined to be toxic or any such harmful agents
as such criteria are developed. Within 60 days
after receiving any criteria in accordance with
the preceding sentence relating to a toxic material or harmful physical agent which is not adequately covered by a mandatory health or safety
standard promulgated under this section, the
Secretary shall either appoint an advisory committee to make recommendations with respect
to a mandatory health or safety standard covering such material or agent in accordance with
paragraph (1), or publish a proposed rule promulgating such a mandatory health or safety standard in accordance with paragraph (2), or shall
publish his determination not to do so.
(7) Any mandatory health or safety standard
promulgated under this subsection shall prescribe the use of labels or other appropriate
forms of warning as are necessary to insure that
miners are apprised of all hazards to which they
are exposed, relevant symptoms and appropriate

§ 811

emergency treatment, and proper conditions and
precautions of safe use or exposure. Where appropriate, such mandatory standard shall also
prescribe suitable protective equipment and control or technological procedures to be used in
connection with such hazards and shall provide
for monitoring or measuring miner exposure at
such locations and intervals, and in such manner so as to assure the maximum protection of
miners. In addition, where appropriate, any such
mandatory standard shall prescribe the type and
frequency of medical examinations or other
tests which shall be made available, by the operator at his cost, to miners exposed to such hazards in order to most effectively determine
whether the health of such miners is adversely
affected by such exposure. Where appropriate,
the mandatory standard shall provide that
where a determination is made that a miner
may suffer material impairment of health or
functional capacity by reason of exposure to the
hazard covered by such mandatory standard,
that miner shall be removed from such exposure
and reassigned. Any miner transferred as a result of such exposure shall continue to receive
compensation for such work at no less than the
regular rate of pay for miners in the classification such miner held immediately prior to his
transfer. In the event of the transfer of a miner
pursuant to the preceding sentence, increases in
wages of the transferred miner shall be based
upon the new work classification. In the event
such medical examinations are in the nature of
research, as determined by the Secretary of
Health and Human Services, such examinations
may be furnished at the expense of the Secretary of Health and Human Services. The results of examinations or tests made pursuant to
the preceding sentence shall be furnished only
to the Secretary or the Secretary of Health and
Human Services, and, at the request of the
miner, to his designated physician.
(8) The Secretary shall, to the extent practicable, promulgate separate mandatory health
or safety standards applicable to mine construction activity on the surface.
(9) No mandatory health or safety standard
promulgated under this subchapter shall reduce
the protection afforded miners by an existing
mandatory health or safety standard.
(b) Emergency temporary mandatory standards
(1) The Secretary shall provide, without regard to the requirements of chapter 5 of title 5
for an emergency temporary mandatory health
or safety standard to take immediate effect
upon publication in the Federal Register if he
determines (A) that miners are exposed to grave
danger from exposure to substances or agents
determined to be toxic or physically harmful, or
to other hazards, and (B) that such emergency
standard is necessary to protect miners from
such danger.
(2) A temporary mandatory health or safety
standard shall be effective until superseded by a
mandatory standard promulgated in accordance
with the procedures prescribed in paragraph (3)
of this subsection.
(3) Upon publication of such standard in the
Federal Register, the Secretary shall commence
a proceeding in accordance with subsection (a)

§ 811

TITLE 30—MINERAL LANDS AND MINING

of this section, and the standards as published
shall also serve as a proposed rule for the proceeding. The Secretary shall promulgate a mandatory health or safety standard under this
paragraph no later than nine months after publication of the emergency temporary standard as
provided in paragraph (2).
(c) Modification of standards
Upon petition by the operator or the representative of miners, the Secretary may modify
the application of any mandatory safety standard to a coal or other mine if the Secretary determines that an alternative method of achieving the result of such standard exists which will
at all times guarantee no less than the same
measure of protection afforded the miners of
such mine by such standard, or that the application of such standard to such mine will result in
a diminution of safety to the miners in such
mine. Upon receipt of such petition the Secretary shall publish notice thereof and give notice to the operator or the representative of
miners in the affected mine, as appropriate, and
shall cause such investigation to be made as he
deems appropriate. Such investigation shall provide an opportunity for a public hearing at the
request of such operator or representative or
other interested party, to enable the operator or
the representative of miners in such mine or
other interested party to present information
relating to the modification of such standard.
Before granting any exception to a mandatory
safety standard, the findings of the Secretary or
his authorized representative shall be made public and shall be available to the representative
of the miners at the affected mine. The Secretary shall issue a decision incorporating his
findings of fact therein, and send a copy thereof
to the operator or the representative of the miners, as appropriate. Any such hearing shall be of
record and shall be subject to section 554 of title
5.
(d) Judicial review
Any person who may be adversely affected by
a mandatory health or safety standard promulgated under this section may, at any time prior
to the sixtieth day after such standard is promulgated, file a petition challenging the validity of such mandatory standard with the United
States Court of Appeals for the District of Columbia Circuit or the circuit wherein such person resides or has his principal place of business,
for a judicial review of such standard. A copy of
the petition shall be forthwith transmitted by
the clerk of the court to the Secretary. The filing of such petition shall not, unless otherwise
ordered by the court, operate as a stay of the
standard. No objection that has not been urged
before the Secretary shall be considered by the
court, unless the failure or neglect to urge such
objection shall be excused for good cause shown.
The validity of any mandatory health or safety
standard shall not be subject to challenge on the
grounds that any of the time limitations in this
section have been exceeded. The procedures of
this subsection shall be the exclusive means of
challenging the validity of a mandatory health
or safety standard.

Page 126

(e) Distribution of copies of proposed standards
or regulations
The Secretary shall send a copy of every proposed mandatory health or safety standard or
regulation at the time of publication in the Federal Register to the operator of each coal or
other mine and the representative of the miners
at such mine and such copy shall be immediately posted on the bulletin board of the mine
by the operator or his agent, but failure to receive such notice shall not relieve anyone of the
obligation to comply with such standard or regulation.
(Pub. L. 91–173, title I, § 101, Dec. 30, 1969, 83 Stat.
745; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1291; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–164 substituted provisions revising and setting out in detail the procedures
to be followed by the Secretary of Labor in developing,
promulgating, and revising mandatory health and safety standards covering coal and other mines for provisions which had charged the Secretary of the Interior
with the responsibility of developing standards for the
protection of life and the prevention of injuries in coal
mines.
Subsec. (b). Pub. L. 95–164 substituted provisions relating to emergency temporary mandatory standards
for provisions requiring that improved standards not
reduce the previously existing level of health and safety in coal mines.
Subsec. (c). Pub. L. 95–164 substituted provisions relating to the modification of standards for provisions
covering the consultative and research steps in the promulgation of safety standards.
Subsec. (d). Pub. L. 95–164 substituted provisions relating to judicial review of standards for provisions
covering the consultative and research steps in the promulgation of health standards.
Subsec. (e). Pub. L. 95–164 redesignated subsec. (k) as
(e) and substituted ‘‘proposed mandatory health or
safety standard or regulation’’ for ‘‘proposed standard
or regulation’’ and ‘‘coal or other mine’’ for ‘‘coal
mine’’.
Subsecs. (f) to (j). Pub. L. 95–164 struck out subsecs.
(f) to (j) which had related to the submission of objections to proposed standards, hearings, the effective
date of standards, mandatory standards for surface coal
mines, and the publication of pre-existing consistent
regulations in the Federal Register and the continuing
effectiveness of those regulations until modified or superseded, and incorporated those provisions, as altered
to apply to coal and other mines and as otherwise revised, into subsec. (a).
Subsec. (k). Pub. L. 95–164 redesignated subsec. (k) as
(e).
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (a)(1), (6)(B), and (7) pursuant to section
509(b) of Pub. L. 96–88 which is classified to section
3508(b) of Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section

Page 127

TITLE 30—MINERAL LANDS AND MINING

307 of Pub. L. 95–164, set out as a note under section 801
of this title.
EFFECTIVE DATE
Subchapter operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L.
91–173, set out as a note under section 801 of this title.
SEALING OF ABANDONED AREAS
Pub. L. 109–236, § 10, June 15, 2006, 120 Stat. 501, provided that:‘‘Not later than 18 months after the issuance
by the Mine Safety and Health Administration of a
final report on the Sago Mine accident or the date of
enactment of the Mine Improvement and New Emergency Response Act of 2006 [June 15, 2006], whichever
occurs earlier, the Secretary of Labor shall finalize
mandatory heath and safety standards relating to the
sealing of abandoned areas in underground coal mines.
Such health and safety standards shall provide for an
increase in the 20 psi standard currently set forth in
section 75.335(a)(2) of title 30, Code of Federal Regulations.’’

§ 812. Advisory committees
(a) Committee on coal or other mine safety research; establishment; membership; chairman; functions; conflicts of interest
(1) The Secretary of the Interior shall appoint
an advisory committee on coal or other mine
safety research composed of—
(A) the Director of the Office of Science and
Technology or his delegate, with the consent
of the Director;
(B) the Director of the National Institute of
Standards and Technology, Department of
Commerce, or his delegate, with the consent of
the Director;
(C) the Director of the National Science
Foundation, or his delegate, with the consent
of the Director; and
(D) such other persons as the Secretary of
the Interior may appoint who are knowledgeable in the field of coal or other mine safety
research.
The Secretary of the Interior shall designate the
chairman of the committee.
(2) The advisory committee shall consult with,
and make recommendations to, the Secretary of
the Interior on matters involving or relating to
coal or other mine safety research. The Secretary of the Interior shall consult with, and
consider the recommendations of, such committee in the conduct of such research, the making
of any grants, and the entering into of contracts
for such research.
(3) The chairman of the committee and a majority of the persons appointed by the Secretary
of the Interior pursuant to paragraph (1)(D)
shall be individuals who have no economic interests in the coal or other mining industry, and
who are not operators, miners, or officers or employees of the Federal Government or any State
or local government.
(b) Committee on coal or other mine health research; establishment; membership; chairman; functions; conflicts of interest
(1) The Secretary of Health and Human Services shall appoint an advisory committee on
coal or other mine health research composed
of—

§ 812

(A) the Director, United States Bureau of
Mines, or his delegate, with the consent of the
Director;
(B) the Director of the National Science
Foundation, or his delegate, with the consent
of the Director;
(C) the Director of the National Institutes of
Health, or his delegate, with the consent of
the Director; and
(D) such other persons as the Secretary of
Health and Human Services may appoint who
are knowledgeable in the field of coal or other
mine health research.
The Secretary of Health and Human Services
shall designate the chairman of the committee.
(2) The advisory committee shall consult with,
and make recommendations to, the Secretary of
Health and Human Services on matters involving or relating to coal or other mine health research. The Secretary of Health and Human
Services shall consult with, and consider the
recommendations of, such committee in the conduct of such research, the making of any grants,
and the entering into of contracts for such research.
(3) The chairman of the committee and a majority of the persons appointed by the Secretary
of Health and Human Services pursuant to paragraph (1)(D) shall be individuals who have no
economic interests in the coal or other mining
industry, and who are not operators, miners, or
officers or employees of the Federal Government
or any State or local government.
(c) Additional advisory committees; chairman;
conflicts of interest
The Secretary or the Secretary of Health and
Human Services may appoint other advisory
committees as he deems appropriate to advise
him in carrying out the provisions of this chapter. The Secretary or the Secretary of Health
and Human Services, as the case may be, shall
appoint the chairman of each such committee. A
majority of the members (including the chairman) of any such advisory committee appointed
pursuant to this subsection shall be composed of
individuals who have no economic interests in
the coal or other mining industry, and who are
not operators, miners, or officers or employees
of the Federal Government or any State or local
government.
(d) Compensation; travel and subsistence expenses
Advisory committee members, other than officers or employees of Federal, State, or local
governments, shall be, for each day (including
traveltime) during which they are performing
committee business, entitled to receive compensation at a rate fixed by the appropriate Secretary but not in excess of the maximum rate of
pay for grade GS–18 as provided in the General
Schedule under section 5332 of title 5, and shall,
notwithstanding the limitations of sections 5703
and 5704 of title 5, be fully reimbursed for travel,
subsistence, and related expenses.
(Pub. L. 91–173, title I, § 102, Dec. 30, 1969, 83 Stat.
747; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1295; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695; Pub. L. 100–418, title V,
§ 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)

§ 813

TITLE 30—MINERAL LANDS AND MINING
REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1988—Subsec. (a)(1)(B). Pub. L. 100–418 substituted
‘‘National Institute of Standards and Technology’’ for
‘‘National Bureau of Standards’’.
1977—Subsec. (a). Pub. L. 95–164 expanded the area of
coverage for the committee on mine safety research
from ‘‘coal mines’’ to ‘‘coal or other mines’’.
Subsec. (b). Pub. L. 95–164 expanded the area of coverage for the advisory committee on mine health research from ‘‘coal mines’’ to ‘‘coal or other mines’’.
Subsec. (c). Pub. L. 95–164 struck out ‘‘, who shall be
an individual who has no economic interest in the coal
mining industry, and who is not an operator, miner, or
an officer or employee of the Federal Government or
any State or local government’’ after ‘‘chairman of
each such committee’’ and inserted ‘‘(including the
chairman)’’ after ‘‘A majority of the members’’.
Subsec. (d). Pub. L. 95–164 reenacted subsec. (d) without change.
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted for
‘‘Bureau of Mines’’ in subsec. (b)(1)(A) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of this title. For provisions relating to closure
and transfer of functions of the United States Bureau
of Mines, see Transfer of Functions note set out under
section 1 of this title.
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (b) and (c) pursuant to section 509(b)
of Pub. L. 96–88 which is classified to section 3508(b) of
Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.
TRANSFER OF FUNCTIONS
Functions vested by law in Office of Science and
Technology and in Director or Deputy Director of Office of Science and Technology transferred to Director
of National Science Foundation, and Office of Science
and Technology, including offices of Director and Deputy Director, provided for by sections 1 and 2 of Reorg.
Plan No. 2, of 1962, eff. June 8, 1962, 27 F.R. 5419, 76 Stat.
1253, abolished by sections 2 and 3(a)(5) of Reorg. Plan
No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089,
both set out in the Appendix to Title 5, Government Organization and Employees.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of
the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. Advisory committees established after Jan. 5, 1973,
to terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of

Page 128

a committee established by the Congress, its duration
is otherwise provided by law. See section 14 of Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix
to Title 5, Government Organization and Employees.
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.

§ 813. Inspections, investigations, and recordkeeping
(a) Purposes; advance notice; frequency; guidelines; right of access
Authorized representatives of the Secretary or
the Secretary of Health and Human Services
shall make frequent inspections and investigations in coal or other mines each year for the
purpose of (1) obtaining, utilizing, and disseminating information relating to health and safety
conditions, the causes of accidents, and the
causes of diseases and physical impairments
originating in such mines, (2) gathering information with respect to mandatory health or
safety standards, (3) determining whether an imminent danger exists, and (4) determining
whether there is compliance with the mandatory health or safety standards or with any citation, order, or decision issued under this subchapter or other requirements of this chapter.
In carrying out the requirements of this subsection, no advance notice of an inspection shall
be provided to any person, except that in carrying out the requirements of clauses (1) and (2) of
this subsection, the Secretary of Health and
Human Services may give advance notice of inspections. In carrying out the requirements of
clauses (3) and (4) of this subsection, the Secretary shall make inspections of each underground coal or other mine in its entirety at
least four times a year, and of each surface coal
or other mine in its entirety at least two times
a year. The Secretary shall develop guidelines
for additional inspections of mines based on criteria including, but not limited to, the hazards
found in mines subject to this chapter, and his
experience under this chapter and other health
and safety laws. For the purpose of making any
inspection or investigation under this chapter,
the Secretary, or the Secretary of Health and
Human Services, with respect to fulfilling his
responsibilities under this chapter, or any authorized representative of the Secretary or the
Secretary of Health and Human Services, shall
have a right of entry to, upon, or through any
coal or other mine.
(b) Notice and hearing; subpoenas; witnesses;
contempt
For the purpose of making any investigation
of any accident or other occurrence relating to
health or safety in a coal or other mine, the Secretary may, after notice, hold public hearings,
and may sign and issue subpoenas for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and administer oaths. Witnesses sum-

Page 129

TITLE 30—MINERAL LANDS AND MINING

moned shall be paid the same fees and mileage
that are paid witnesses in the courts of the
United States. In case of contumacy or refusal
to obey a subpoena served upon any person
under this section, the district court of the
United States for any district in which such person is found or resides or transacts business,
upon application by the United States and after
notice to such person, shall have jurisdiction to
issue an order requiring such person to appear
and give testimony before the Secretary or to
appear and produce documents before the Secretary, or both, and any failure to obey such
order of the court may be punished by such
court as a contempt thereof.
(c) Records of employee exposure to toxic materials or harmful physical agents; undue exposure
The Secretary, in cooperation with the Secretary of Health and Human Services, shall
issue regulations requiring operators to maintain accurate records of employee exposures to
potentially toxic materials or harmful physical
agents which are required to be monitored or
measured under any applicable mandatory
health or safety standard promulgated under
this chapter. Such regulations shall provide
miners or their representatives with an opportunity to observe such monitoring or measuring,
and to have access to the records thereof. Such
regulations shall also make appropriate provisions for each miner or former miner to have access to such records as will indicate his own exposure to toxic materials or harmful physical
agents. Each operator shall promptly notify any
miner who has been or is being exposed to toxic
materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable mandatory health or
safety standard promulgated under section 811
of this title, or mandated under subchapter II of
this chapter, and shall inform any miner who is
being thus exposed of the corrective action
being taken.
(d) Accident investigations; records
All accidents, including unintentional roof
falls (except in any abandoned panels or in areas
which are inaccessible or unsafe for inspections),
shall be investigated by the operator or his
agent to determine the cause and the means of
preventing a recurrence. Records of such accidents and investigations shall be kept and the
information shall be made available to the Secretary or his authorized representative and the
appropriate State agency. Such records shall be
open for inspection by interested persons. Such
records shall include man-hours worked and
shall be reported at a frequency determined by
the Secretary, but at least annually.
(e) Collecting information without unreasonable
burden on operators
Any information obtained by the Secretary or
by the Secretary of Health and Human Services
under this chapter shall be obtained in such a
manner as not to impose an unreasonable burden upon operators, especially those operating
small businesses, consistent with the underlying
purposes of this chapter. Unnecessary duplication of effort in obtaining information shall be
reduced to the maximum extent feasible.

§ 813

(f) Participation of representatives of operators
and miners in inspections
Subject to regulations issued by the Secretary, a representative of the operator and a
representative authorized by his miners shall be
given an opportunity to accompany the Secretary or his authorized representative during
the physical inspection of any coal or other
mine made pursuant to the provisions of subsection (a) of this section, for the purpose of aiding such inspection and to participate in pre- or
post-inspection conferences held at the mine.
Where there is no authorized miner representative, the Secretary or his authorized representative shall consult with a reasonable number of
miners concerning matters of health and safety
in such mine. Such representative of miners who
is also an employee of the operator shall suffer
no loss of pay during the period of his participation in the inspection made under this subsection. To the extent that the Secretary or authorized representative of the Secretary determines that more than one representative from
each party would further aid the inspection, he
can permit each party to have an equal number
of such additional representatives. However,
only one such representative of miners who is an
employee of the operator shall be entitled to
suffer no loss of pay during the period of such
participation under the provisions of this subsection. Compliance with this subsection shall
not be a jurisdictional prerequisite to the enforcement of any provision of this chapter.
(g) Immediate inspection; notice of violation or
danger; determination
(1) Whenever a repersentative 1 of the miners
or a miner in the case of a coal or other mine
where there is no such representative has reasonable grounds to believe that a violation of
this chapter or a mandatory health or safety
standard exists, or an imminent danger exists,
such miner or representative shall have a right
to obtain an immediate inspection by giving notice to the Secretary or his authorized representative of such violation or danger. Any
such notice shall be reduced to writing, signed
by the representative of the miners or by the
miner, and a copy shall be provided the operator
or his agent no later than at the time of inspection, except that the operator or his agent shall
be notified forthwith if the complaint indicates
that an imminent danger exists. The name of
the person giving such notice and the names of
individual miners referred to therein shall not
appear in such copy or notification. Upon receipt of such notification, a special inspection
shall be made as soon as possible to determine if
such violation or danger exists in accordance
with the provisions of this subchapter. If the
Secretary determines that a violation or danger
does not exist, he shall notify the miner or representative of the miners in writing of such determination.
(2) Prior to or during any inspection of a coal
or other mine, any representative of miners or a
miner in the case of a coal or other mine where
there is no such representative, may notify the
Secretary or any representative of the Secretary
1 So

in original. Probably should be ‘‘representative’’.

§ 813

TITLE 30—MINERAL LANDS AND MINING

responsible for conducting the inspection, in
writing, of any violation of this chapter or of
any imminent danger which he has reason to believe exists in such mine. The Secretary shall,
by regulation, establish procedures for informal
review of any refusal by a representative of the
Secretary to issue a citation with respect to any
such alleged violation or order with respect to
such danger and shall furnish the representative
of miners or miner requesting such review a
written statement of the reasons for the Secretary’s final disposition of the case.
(h) Records and reports; compilation and publication; availability
In addition to such records as are specifically
required by this chapter, every operator of a
coal or other mine shall establish and maintain
such records, make such reports, and provide
such information, as the Secretary or the Secretary of Health and Human Services may reasonably require from time to time to enable him
to perform his functions under this chapter. The
Secretary or the Secretary of Health and Human
Services is authorized to compile, analyze, and
publish, either in summary or detailed form,
such reports or information so obtained. Except
to the extent otherwise specifically provided by
this chapter, all records, information, reports,
findings, citations, notices, orders, or decisions
required or issued pursuant to or under this
chapter may be published from time to time,
may be released to any interested person, and
shall be made available for public inspection.
(i) Spot inspections
Whenever the Secretary finds that a coal or
other mine liberates excessive quantities of
methane or other explosive gases during its operations, or that a methane or other gas ignition
or explosion has occurred in such mine which resulted in death or serious injury at any time
during the previous five years, or that there exists in such mine some other especially hazardous condition, he shall provide a minimum of
one spot inspection by his authorized representative of all or part of such mine during every
five working days at irregular intervals. For
purposes of this subsection, ‘‘liberation of excessive quantities of methane or other explosive
gases’’ shall mean liberation of more than one
million cubic feet of methane or other explosive
gases during a 24-hour period. When the Secretary finds that a coal or other mine liberates
more than five hundred thousand cubic feet of
methane or other explosive gases during a 24hour period, he shall provide a minimum of one
spot inspection by his authorized representative
of all or part of such mine every 10 working days
at irregular intervals. When the Secretary finds
that a coal or other mine liberates more than
two hundred thousand cubic feet of methane or
other explosive gases during a 24-hour period, he
shall provide a minimum of one spot inspection
by his authorized representative of all or part of
such mine every 15 working days at irregular intervals.
(j) Accident notification; rescue and recovery activities
In the event of any accident occurring in any
coal or other mine, the operator shall notify the

Page 130

Secretary thereof and shall take appropriate
measures to prevent the destruction of any evidence which would assist in investigating the
cause or causes thereof. For purposes of the preceding sentence, the notification required shall
be provided by the operator within 15 minutes of
the time at which the operator realizes that the
death of an individual at the mine, or an injury
or entrapment of an individual at the mine
which has a reasonable potential to cause death,
has occurred. In the event of any accident occurring in a coal or other mine, where rescue and
recovery work is necessary, the Secretary or an
authorized representative of the Secretary shall
take whatever action he deems appropriate to
protect the life of any person, and he may, if he
deems it appropriate, supervise and direct the
rescue and recovery activities in such mine.
(k) Safety orders; recovery plans
In the event of any accident occurring in a
coal or other mine, an authorized representative
of the Secretary, when present, may issue such
orders as he deems appropriate to insure the
safety of any person in the coal or other mine,
and the operator of such mine shall obtain the
approval of such representative, in consultation
with appropriate State representatives, when
feasible, of any plan to recover any person in
such mine or to recover the coal or other mine
or return affected areas of such mine to normal.
(Pub. L. 91–173, title I, § 103, Dec. 30, 1969, 83 Stat.
749; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1297; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695; Pub. L. 109–236, § 5(a), June 15,
2006, 120 Stat. 498.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (c), and (e) to
(h), was in the original ‘‘this Act’’, meaning Pub. L.
91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal
Mine Safety and Health Act of 1977, which is classified
principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out
under section 801 of this title and Tables.
AMENDMENTS
2006—Subsec. (j). Pub. L. 109–236 inserted second sentence.
1977—Subsec. (a). Pub. L. 95–164 inserted provisions
authorizing representatives of the Secretary of Health,
Education, and Welfare to make inspections, expanded
the area of inspection and investigation to include
mines other than coal mines, inserted provisions requiring the inspection of surface mines at least two
times a year, inserted provisions requiring the development of guidelines for additional inspections of mines,
and inserted provisions, formerly contained in subsec.
(b), authorizing the entry to, upon, or through, any
coal or other mine for the purpose of making inspection
or investigation.
Subsec. (b). Pub. L. 95–164 redesignated subsec. (d) as
(b) and substituted ‘‘coal or other mine’’ for ‘‘coal
mine’’. Provisions of former subsec. (b) were incorporated into subsec. (a).
Subsecs. (c) to (e). Pub. L. 95–164 added subsecs. (c) to
(e), struck out former subsec. (c) which provided for the
utilization of facilities and personnel of other Federal
agencies, and redesignated former subsecs. (d) and (e)
as (b) and (j), respectively.
Subsec. (f). Pub. L. 95–164 redesignated subsec. (h) as
(f), inserted provision for a representative of the operator to accompany the Secretary or his representative
in the physical inspection of a mine, extended the provisions to cover mines other than coal mines, and in-

Page 131

TITLE 30—MINERAL LANDS AND MINING

serted provisions relating to the choice of the authorized representative of the miners, the representative’s
duties, and the choice of more than one representative.
Former subsec. (f) redesignated (k).
Subsec. (g). Pub. L. 95–164 designated existing provisions as par. (1), inserted provisions to par. (1) as so
designated which extended the right to an immediate
inspection to individual miners when there is no representative of the miners, provided for immediate notification to the mine operator or his agent if the complaint indicates that the danger is imminent, kept the
name of the person giving the notice and the names of
the individual miners off the copy or notification, and
required the Secretary to notify the miners or their
representatives if he determines that a violation or
danger does not exist, and added par. (2).
Subsec. (h). Pub. L. 95–164 added subsec. (h). The provisions of former subsec. (h), relating to the right of
the miners’ representative to accompany the authorized representative of the Secretary on the inspection,
were incorporated into subsec. (f).
Subsec. (i). Pub. L. 95–164 inserted definition of ‘‘liberation of excessive quantities of methane or other explosive gases’’ and inserted provisions for a reduced
schedule of one spot inspections in mines with liberation rates for methane or other explosive gases lower
than that required to qualify as ‘‘excessive’’.
Subsecs. (j), (k). Pub. L. 95–164 redesignated former
subsecs. (e) and (f) as (j) and (k), respectively.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (a), (c), (e), and (h) pursuant to section
509(b) of Pub. L. 96–88 which is classified to section
3508(b) of Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 814. Citations and orders
(a) Issuance and form of citations; prompt issuance
If, upon inspection or investigation, the Secretary or his authorized representative believes
that an operator of a coal or other mine subject
to this chapter has violated this chapter, or any
mandatory health or safety standard, rule,
order, or regulation promulgated pursuant to
this chapter, he shall, with reasonable promptness, issue a citation to the operator. Each citation shall be in writing and shall describe with
particularity the nature of the violation, including a reference to the provision of the chapter,
standard, rule, regulation, or order alleged to
have been violated. In addition, the citation
shall fix a reasonable time for the abatement of
the violation. The requirement for the issuance
of a citation with reasonable promptness shall
not be a jurisdictional prerequisite to the enforcement of any provision of this chapter.
(b) Follow-up inspections; findings
If, upon any follow-up inspection of a coal or
other mine, an authorized representative of the
Secretary finds (1) that a violation described in
a citation issued pursuant to subsection (a) of
this section has not been totally abated within
the period of time as originally fixed therein or
as subsequently extended, and (2) that the period
of time for the abatement should not be further
extended, he shall determine the extent of the

§ 814

area affected by the violation and shall promptly issue an order requiring the operator of such
mine or his agent to immediately cause all persons, except those persons referred to in subsection (c) of this section, to be withdrawn from,
and to be prohibited from entering, such area
until an authorized representative of the Secretary determines that such violation has been
abated.
(c) Exempt persons
The following persons shall not be required to
be withdrawn from, or prohibited from entering,
any area of the coal or other mine subject to an
order issued under this section:
(1) any person whose presence in such area is
necessary, in the judgment of the operator or
an authorized representative of the Secretary,
to eliminate the condition described in the
order;
(2) any public official whose official duties
require him to enter such area;
(3) any representative of the miners in such
mine who is, in the judgment of the operator
or an authorized representative of the Secretary, qualified to make such mine examinations or who is accompanied by such a person
and whose presence in such area is necessary
for the investigation of the conditions described in the order; and
(4) any consultant to any of the foregoing.
(d) Findings of violations; withdrawal order
(1) If, upon any inspection of a coal or other
mine, an authorized representative of the Secretary finds that there has been a violation of
any mandatory health or safety standard, and if
he also finds that, while the conditions created
by such violation do not cause imminent danger,
such violation is of such nature as could significantly and substantially contribute to the cause
and effect of a coal or other mine safety or
health hazard, and if he finds such violation to
be caused by an unwarrantable failure of such
operator to comply with such mandatory health
or safety standards, he shall include such finding in any citation given to the operator under
this chapter. If, during the same inspection or
any subsequent inspection of such mine within
90 days after the issuance of such citation, an
authorized representative of the Secretary finds
another violation of any mandatory health or
safety standard and finds such violation to be
also caused by an unwarrantable failure of such
operator to so comply, he shall forthwith issue
an order requiring the operator to cause all persons in the area affected by such violation, except those persons referred to in subsection (c)
of this section to be withdrawn from, and to be
prohibited from entering, such area until an authorized representative of the Secretary determines that such violation has been abated.
(2) If a withdrawal order with respect to any
area in a coal or other mine has been issued pursuant to paragraph (1), a withdrawal order shall
promptly be issued by an authorized representative of the Secretary who finds upon any subsequent inspection the existence in such mine of
violations similar to those that resulted in the
issuance of the withdrawal order under paragraph (1) until such time as an inspection of
such mine discloses no similar violations. Fol-

§ 814

TITLE 30—MINERAL LANDS AND MINING

lowing an inspection of such mine which discloses no similar violations, the provisions of
paragraph (1) shall again be applicable to that
mine.
(e) Pattern of violations; abatement; termination
of pattern
(1) If an operator has a pattern of violations of
mandatory health or safety standards in the
coal or other mine which are of such nature as
could have significantly and substantially contributed to the cause and effect of coal or other
mine health or safety hazards, he shall be given
written notice that such pattern exists. If, upon
any inspection within 90 days after the issuance
of such notice, an authorized representative of
the Secretary finds any violation of a mandatory health or safety standard which could significantly and substantially contribute to the
cause and effect of a coal or other mine safety
or health hazard, the authorized representative
shall issue an order requiring the operator to
cause all persons in the area affected by such
violation, except those persons referred to in
subsection (c) of this section, to be withdrawn
from, and to be prohibited from entering, such
area until an authorized representative of the
Secretary determines that such violation has
been abated.
(2) If a withdrawal order with respect to any
area in a coal or other mine has been issued pursuant to paragraph (1), a withdrawal order shall
be issued by an authorized representative of the
Secretary who finds upon any subsequent inspection the existence in such mine of any violation of a mandatory health or safety standard
which could significantly and substantially contribute to the cause and effect of a coal or other
mine health or safety hazard. The withdrawal
order shall remain in effect until an authorized
representative of the Secretary determines that
such violation has been abated.
(3) If, upon an inspection of the entire coal or
other mine, an authorized representative of the
Secretary finds no violations of mandatory
health or safety standards that could significantly and substantially contribute to the cause
and effect of a coal or other mine health and
safety hazard, the pattern of violations that resulted in the issuance of a notice under paragraph (1) shall be deemed to be terminated and
the provisions of paragraphs (1) and (2) shall no
longer apply. However, if as a result of subsequent violations, the operator reestablishes a
pattern of violations, paragraphs (1) and (2) shall
again be applicable to such operator.
(4) The Secretary shall make such rules as he
deems necessary to establish criteria for determining when a pattern of violations of mandatory health or safety standards exists.
(f) Respirable dust concentrations; dust control
person or team
If, based upon samples taken, analyzed, and
recorded pursuant to section 842(a) of this title,
or samples taken during an inspection by an authorized representative of the Secretary, the applicable limit on the concentration of respirable
dust required to be maintained under this chapter is exceeded and thereby violated, the Secretary or his authorized representative shall
issue a citation fixing a reasonable time for the

Page 132

abatement of the violation. During such time,
the operator of the mine shall cause samples described in section 842(a) of this title to be taken
of the affected area during each production
shift. If, upon the expiration of the period of
time as originally fixed or subsequently extended, the Secretary or his authorized representative finds that the period of time should
not be further extended, he shall determine the
extent of the area affected by the violation and
shall promptly issue an order requiring the operator of such mine or his agent to cause immediately all persons, except those referred to in
subsection (c) of this section, to be withdrawn
from, and to be prohibited from entering, such
area until the Secretary or his authorized representative has reason to believe, based on actions taken by the operator, that such limit will
be complied with upon the resumption of production in such mine. As soon as possible after
an order is issued, the Secretary, upon request
of the operator, shall dispatch to the mine involved a person, or team of persons, to the extent such persons are available, who are knowledgeable in the methods and means of controlling and reducing respirable dust. Such person
or team of persons shall remain at the mine involved for such time as they shall deem appropriate to assist the operator in reducing respirable dust concentrations. While at the mine,
such persons may require the operator to take
such actions as they deem appropriate to insure
the health of any person in the coal or other
mine.
(g) Untrained miners
(1) If, upon any inspection or investigation
pursuant to section 813 of this title, the Secretary or an authorized representative shall find
employed at a coal or other mine a miner who
has not received the requisite safety training as
determined under section 825 of this title, the
Secretary or an authorized representative shall
issue an order under this section which declares
such miner to be a hazard to himself and to others, and requiring that such miner be immediately withdrawn from the coal or other mine,
and be prohibited from entering such mine until
an authorized representative of the Secretary
determines that such miner has received the
training required by section 825 of this title.
(2) No miner who is ordered withdrawn from a
coal or other mine under paragraph (1) shall be
discharged or otherwise discriminated against
because of such order; and no miner who is ordered withdrawn from a coal or other mine
under paragraph (1) shall suffer a loss of compensation during the period necessary for such
miner to receive such training and for an authorized representative of the Secretary to determine that such miner has received the requisite training.
(h) Duration of citations and orders
Any citation or order issued under this section
shall remain in effect until modified, terminated
or vacated by the Secretary or his authorized
representative, or modified, terminated or vacated by the Commission or the courts pursuant
to section 815 or 816 of this title.

Page 133

TITLE 30—MINERAL LANDS AND MINING

(Pub. L. 91–173, title I, § 104, Dec. 30, 1969, 83 Stat.
750; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1300.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (d)(1), and (f),
was in the original ‘‘this Act’’, meaning Pub. L. 91–173,
Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine
Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 801 of this title and Tables.
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–164 substituted provisions directing the Secretary to issue a citation to the
operator based upon the belief of the Secretary or his
authorized representative, after inspection or investigation, that there has been a violation of this chapter
or any mandatory health or safety standard, rule,
order, or regulation for provisions that had related to
the issuance of a withdrawal order upon a finding that
an imminent danger existed.
Subsec. (b). Pub. L. 95–164 substituted provisions setting out the steps to be taken if, upon any follow-up inspection of a coal or other mine, the authorized representative of the Secretary finds that a citation violation has not been abated and that the time for abatement should not be extended for provisions that had set
out the steps to be taken in the case of a violation that
did not create an imminent danger.
Subsec. (c). Pub. L. 95–164 redesignated subsec. (d) as
(c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 95–164 redesignated subsec. (c) as
(d) and substituted reference to ‘‘citation’’ for reference to ‘‘notice’’. Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 95–164 substituted provisions relating to the steps to be taken if an operator has a pattern of violations of mandatory health or safety standards for provisions setting out the requisites of notices
and orders issued pursuant to this section.
Subsec. (f). Pub. L. 95–164 redesignated subsec. (i) as
(f). Former subsec. (f), relating to the delivery of notices and orders issued under this section, was incorporated into subsec. (a).
Subsec. (g). Pub. L. 95–164 added subsec. (g). Former
subsec. (g), relating to the modification and termination of notice, was incorporated into subsec. (h).
Subsec. (h). Pub. L. 95–164 added subsec. (h). Provisions of former subsec. (h), which related to steps to be
taken when a condition existed which could not be
abated through the use of existing technology, were
covered in the general revision of subsecs. (d) and (e).
Subsec. (i). Pub. L. 95–164 redesignated subsec. (i) as
(f).
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 815. Procedure for enforcement
(a) Notification of civil penalty; contest
If, after an inspection or investigation, the
Secretary issues a citation or order under section 814 of this title, he shall, within a reasonable time after the termination of such inspection or investigation, notify the operator by certified mail of the civil penalty proposed to be assessed under section 820(a) of this title for the
violation cited and that the operator has 30 days
within which to notify the Secretary that he
wishes to contest the citation or proposed assessment of penalty. A copy of such notification
shall be sent by mail to the representative of

§ 815

miners in such mine. If, within 30 days from the
receipt of the notification issued by the Secretary, the operator fails to notify the Secretary
that he intends to contest the citation or the
proposed assessment of penalty, and no notice is
filed by any miner or representative of miners
under subsection (d) of this section within such
time, the citation and the proposed assessment
of penalty shall be deemed a final order of the
Commission and not subject to review by any
court or agency. Refusal by the operator or his
agent to accept certified mail containing a citation and proposed assessment of penalty under
this subsection shall constitute receipt thereof
within the meaning of this subsection.
(b) Failure of operator to correct violation; notification; contest; temporary relief
(1)(A) If the Secretary has reason to believe
that an operator has failed to correct a violation
for which a citation has been issued within the
period permitted for its correction, the Secretary shall notify the operator by certified
mail of such failure and of the penalty proposed
to be assessed under section 820(b) of this title
by reason of such failure and that the operator
has 30 days within which to notify the Secretary
that he wishes to contest the Secretary’s notification of the proposed assessment of penalty. A
copy of such notification of the proposed assessment of penalty shall at the same time be sent
by mail to the representative of the mine employees. If, within 30 days from the receipt of
notification of proposed assessment of penalty
issued by the Secretary, the operator fails to notify the Secretary that he intends to contest the
notification of proposed assessment of penalty,
such notification shall be deemed a final order
of the Commission and not subject to review by
any court or agency. Refusal by the operator or
his agent to accept certified mail containing a
notification of proposed assessment of penalty
issued under this subsection shall constitute receipt thereof within the meaning of this subsection.
(B) In determining whether to propose a penalty to be assessed under section 820(b) of this
title, the Secretary shall consider the operator’s
history of previous violations, the appropriateness of such penalty to the size of the business
of the operator charged, whether the operator
was negligent, the effect on the operator’s ability to continue in business, the gravity of the
violation, and the demonstrated good faith of
the operator charged in attempting to achieve
rapid compliance after notification of a violation.
(2) An applicant may file with the Commission
a written request that the Commission grant
temporary relief from any modification or termination of any order or from any order issued
under section 814 of this title together with a detailed statement giving the reasons for granting
such relief. The Commission may grant such relief under such conditions as it may prescribe,
if—
(A) a hearing has been held in which all parties were given an opportunity to be heard;
(B) the applicant shows that there is substantial likelihood that the findings of the
Commission will be favorable to the applicant;
and

§ 815

TITLE 30—MINERAL LANDS AND MINING

(C) such relief will not adversely affect the
health and safety of miners.
No temporary relief shall be granted in the case
of a citation issued under subsection (a) or (f) of
section 814 of this title. The Commission shall
provide a procedure for expedited consideration
of applications for temporary relief under this
paragraph.
(c) Discrimination or interference prohibited;
complaint;
investigation;
determination;
hearing
(1) No person shall discharge or in any manner
discriminate against or cause to be discharged
or cause discrimination against or otherwise
interfere with the exercise of the statutory
rights of any miner, representative of miners or
applicant for employment in any coal or other
mine subject to this chapter because such
miner, representative of miners or applicant for
employment has filed or made a complaint
under or related to this chapter, including a
complaint notifying the operator or the operator’s agent, or the representative of the miners
at the coal or other mine of an alleged danger or
safety or health violation in a coal or other
mine, or because such miner, representative of
miners or applicant for employment is the subject of medical evaluations and potential transfer under a standard published pursuant to section 811 of this title or because such miner, representative of miners or applicant for employment has instituted or caused to be instituted
any proceeding under or related to this chapter
or has testified or is about to testify in any such
proceeding, or because of the exercise by such
miner, representative of miners or applicant for
employment on behalf of himself or others of
any statutory right afforded by this chapter.
(2) Any miner or applicant for employment or
representative of miners who believes that he
has been discharged, interfered with, or otherwise discriminated against by any person in violation of this subsection may, within 60 days
after such violation occurs, file a complaint
with the Secretary alleging such discrimination.
Upon receipt of such complaint, the Secretary
shall forward a copy of the complaint to the respondent and shall cause such investigation to
be made as he deems appropriate. Such investigation shall commence within 15 days of the
Secretary’s receipt of the complaint, and if the
Secretary finds that such complaint was not
frivolously brought, the Commission, on an expedited basis upon application of the Secretary,
shall order the immediate reinstatement of the
miner pending final order on the complaint. If
upon such investigation, the Secretary determines that the provisions of this subsection
have been violated, he shall immediately file a
complaint with the Commission, with service
upon the alleged violator and the miner, applicant for employment, or representative of miners alleging such discrimination or interference
and propose an order granting appropriate relief.
The Commission shall afford an opportunity for
a hearing (in accordance with section 554 of title
5 but without regard to subsection (a)(3) of such
section) and thereafter shall issue an order,
based upon findings of fact, affirming, modifying, or vacating the Secretary’s proposed order,

Page 134

or directing other appropriate relief. Such order
shall become final 30 days after its issuance. The
Commission shall have authority in such proceedings to require a person committing a violation of this subsection to take such affirmative
action to abate the violation as the Commission
deems appropriate, including, but not limited
to, the rehiring or reinstatement of the miner to
his former position with back pay and interest.
The complaining miner, applicant, or representative of miners may present additional evidence
on his own behalf during any hearing held pursuant to his 1 paragraph.
(3) Within 90 days of the receipt of a complaint
filed under paragraph (2), the Secretary shall notify, in writing, the miner, applicant for employment, or representative of miners of his determination whether a violation has occurred. If
the Secretary, upon investigation, determines
that the provisions of this subsection have not
been violated, the complainant shall have the
right, within 30 days of notice of the Secretary’s
determination, to file an action in his own behalf before the Commission, charging discrimination or interference in violation of paragraph
(1). The Commission shall afford an opportunity
for a hearing (in accordance with section 554 of
title 5 but without regard to subsection (a)(3) of
such section), and thereafter shall issue an
order, based upon findings of fact, dismissing or
sustaining the complainant’s charges and, if the
charges are sustained, granting such relief as it
deems appropriate, including, but not limited
to, an order requiring the rehiring or reinstatement of the miner to his former position with
back pay and interest or such remedy as may be
appropriate. Such order shall become final 30
days after its issuance. Whenever an order is issued sustaining the complainant’s charges under
this subsection, a sum equal to the aggregate
amount of all costs and expenses (including attorney’s fees) as determined by the Commission
to have been reasonably incurred by the miner,
applicant for employment or representative of
miners for, or in connection with, the institution and prosecution of such proceedings shall
be assessed against the person committing such
violation. Proceedings under this section shall
be expedited by the Secretary and the Commission. Any order issued by the Commission under
this paragraph shall be subject to judicial review in accordance with section 816 of this title.
Violations by any person of paragraph (1) shall
be subject to the provisions of sections 818 and
820(a) of this title.
(d) Contest proceedings; hearing; findings of
fact; affirmance, modification, or vacatur of
citation, order, or proposed penalty; procedure before Commission
If, within 30 days of receipt thereof, an operator of a coal or other mine notifies the Secretary that he intends to contest the issuance or
modification of an order issued under section 814
of this title, or citation or a notification of proposed assessment of a penalty issued under subsection (a) or (b) of this section, or the reasonableness of the length of abatement time fixed
in a citation or modification thereof issued
1 So

in original. Probably should be ‘‘this’’.

Page 135

TITLE 30—MINERAL LANDS AND MINING

under section 814 of this title, or any miner or
representative of miners notifies the Secretary
of an intention to contest the issuance, modification, or termination of any order issued
under section 814 of this title, or the reasonableness of the length of time set for abatement by
a citation or modification thereof issued under
section 814 of this title, the Secretary shall immediately advise the Commission of such notification, and the Commission shall afford an opportunity for a hearing (in accordance with section 554 of title 5, but without regard to subsection (a)(3) of such section), and thereafter
shall issue an order, based on findings of fact, affirming, modifying, or vacating the Secretary’s
citation, order, or proposed penalty, or directing
other appropriate relief. Such order shall become final 30 days after its issuance. The rules
of procedure prescribed by the Commission shall
provide affected miners or representatives of affected miners an opportunity to participate as
parties to hearings under this section. The Commission shall take whatever action is necessary
to expedite proceedings for hearing appeals of
orders issued under section 814 of this title.
(Pub. L. 91–173, title I, § 105, Dec. 30, 1969, 83 Stat.
753; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1303.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (c)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–164 substituted provisions under which the Secretary must notify the operator of the civil penalty he proposes to assess following
the issuance of a citation or order and the operator
must give notice that he will contest the citation or
proposed assessment for provisions under which an operator was required to apply for review of an order issued under section 814 of this title and under which an
investigation was made, hearings held, and information
presented.
Subsec. (b). Pub. L. 95–164 substituted provisions relating to the steps to be taken following the failure of
the operator to correct violations, including provisions
relating to temporary relief formerly contained in subsec. (d), for provisions requiring the Secretary to make
findings of fact and to issue a written decision upon receiving the report of an investigation.
Subsec. (c). Pub. L. 95–164 added subsec. (c). Former
subsec. (c), directing the Secretary to take action
under this section as promptly as possible, was incorporated into a part of par. (3).
Subsec. (d). Pub. L. 95–164 added subsec. (d). Former
subsec. (d) redesignated (b)(2).
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 816. Judicial review of Commission orders
(a) Petition by person adversely affected or aggrieved; temporary relief
(1) Any person adversely affected or aggrieved
by an order of the Commission issued under this

§ 816

chapter may obtain a review of such order in
any United States court of appeals for the circuit in which the violation is alleged to have occurred or in the United States Court of Appeals
for the District of Columbia Circuit, by filing in
such court within 30 days following the issuance
of such order a written petition praying that the
order be modified or set aside. A copy of such petition shall be forthwith transmitted by the
clerk of the court to the Commission and to the
other parties, and thereupon the Commission
shall file in the court the record in the proceeding as provided in section 2112 of title 28. Upon
such filing, the court shall have exclusive jurisdiction of the proceeding and of the questions
determined therein, and shall have the power to
make and enter upon the pleadings, testimony,
and proceedings set forth in such record a decree
affirming, modifying, or setting aside, in whole
or in part, the order of the Commission and enforcing the same to the extent that such order is
affirmed or modified. No objection that has not
been urged before the Commission shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall
be conclusive. If any party shall apply to the
court for leave to adduce additional evidence
and shall show to the satisfaction of the court
that such additional evidence is material and
that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Commission, the court may order such
additional evidence to be taken before the Commission and to be made a part of the record. The
Commission may modify its findings as to the
facts, or make new findings, by reason of additional evidence so taken and filed, and it shall
file such modified or new findings, which findings with respect to questions of fact, if supported by substantial evidence on the record
considered as a whole, shall be conclusive. The
Commission may modify or set aside its original
order by reason of such modified or new findings
of fact. Upon the filing of the record after such
remand proceedings, the jurisdiction of the
court shall be exclusive and its judgment and
degree shall be final, except that the same shall
be subject to review by the Supreme Court of
the United States, as provided in section 1254 of
title 28.
(2) In the case of a proceeding to review any
order or decision issued by the Commission
under this chapter, except an order or decision
pertaining to an order issued under section
817(a) of this title or an order or decision pertaining to a citation issued under section 814(a)
or (f) of this title, the court may, under such
conditions as it may prescribe, grant such temporary relief as it deems appropriate pending
final determination of the proceeding, if—
(A) all parties to the proceeding have been
notified and given an opportunity to be heard
on a request for temporary relief;
(B) the person requesting such relief shows
that there is a substantial likelihood that he
will prevail on the merits of the final determination of the proceeding; and

§ 817

TITLE 30—MINERAL LANDS AND MINING

(C) such relief will not adversely affect the
health and safety of miners in the coal or
other mine.
(3) In the case of a proceeding to review any
order or decision issued by the Panel under this
chapter, the court may, under such conditions
as it may prescribe, grant such temporary relief
as it deems appropriate pending final determination of the proceeding, if—
(A) all parties to the proceeding have been
notified and given an opportunity to be heard
on a request for temporary relief; and
(B) the person requesting such relief shows
that there is a substantial likelihood that he
will prevail on the merits of the final determination of the proceeding.
(b) Petition by Secretary for review or enforcement of final Commission orders
The Secretary may also obtain review or enforcement of any final order of the Commission
by filing a petition for such relief in the United
States court of appeals for the circuit in which
the alleged violation occurred or in the Court of
Appeals for the District of Columbia Circuit,
and the provisions of subsection (a) shall govern
such proceedings to the extent applicable. If no
petition for review, as provided in subsection (a)
of this section, is filed within 30 days after issuance of the Commission’s order, the Commission’s findings of fact and order shall be conclusive in connection with any petition for enforcement which is filed by the Secretary after the
expiration of such 30-day period. In any such
case, as well as in the case of a noncontested citation or notification by the Secretary which
has become a final order of the Commission
under subsection (a) or (b) of section 815 of this
title, the clerk of the court, unless otherwise ordered by the court, shall forthwith enter a decree enforcing the order and shall transmit a
copy of such decree to the Secretary and the operator named in the petition. In any contempt
proceeding brought to enforce a decree of a
court of appeals entered pursuant to this subsection or subsection (a) of this section, the
court of appeals may assess the penalties provided in section 820 of this title, in addition to
invoking any other available remedies.
(c) Stay of order or decision of Commission or
Panel
The commencement of a proceeding under this
section shall not, unless specifically ordered by
the court, operate as a stay of the order or decision of the Commission or the Panel.
(Pub. L. 91–173, title I, § 106, Dec. 30, 1969, 83 Stat.
754; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1306; Pub. L. 98–620, title IV, § 402(34), Nov.
8, 1984, 98 Stat. 3360.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1984—Subsec. (a)(1). Pub. L. 98–620 struck out provision that petitions filed under this subsection had to be
heard expeditiously.

Page 136

1977—Subsec. (a)(1). Pub. L. 95–164 added subsec. (a)(1)
consisting of a revision of the provisions of former subsecs. (a), (b), (d), and (f) with additions to cover the proceedings in the reviewing court.
Subsec. (a)(2). Pub. L. 95–164 redesignated subsec.
(c)(1) as (a)(2) and substituted ‘‘issued by the Commission’’ for ‘‘issued by the Secretary’’ and ‘‘under section
817(a) of this title or an order or decision pertaining to
a citation issued under section 814(a) or (f) of this title’’
for ‘‘under section 814(a) of this title or an order or decision pertaining to a notice issued under section 814(b)
or (i) of this title’’ in the provisions preceding subpar.
(A).
Subsec. (a)(3). Pub. L. 95–164 redesignated subsec.
(c)(2) as (a)(3).
Subsec. (b). Pub. L. 95–164 added subsec. (b). Provisions of former subsec. (b) were incorporated as revised
into subsec. (a)(1).
Subsec. (c). Pub. L. 95–164 redesignated subsec. (e) as
(c). Former subsec. (c), which consisted of pars. (1) and
(2), redesignated (a)(2) and (3).
Subsec. (d). Pub. L. 95–164 struck out subsec. (d) and
incorporated its provisions, relating to review by the
Supreme Court, into subsec. (a)(1).
Subsec. (e). Pub. L. 95–164 redesignated subsec. (e) as
(c).
Subsec. (f). Pub. L. 95–164 struck out subsec. (f) which
related to the appointment of attorneys by the Secretary to represent him in proceedings instituted under
this section.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–620 not applicable to cases
pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620,
set out as a note under section 1657 of Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 817. Procedures to counteract dangerous conditions
(a) Withdrawal orders
If, upon any inspection or investigation of a
coal or other mine which is subject to this chapter, an authorized representative of the Secretary finds that an imminent danger exists,
such representative shall determine the extent
of the area of such mine throughout which the
danger exists, and issue an order requiring the
operator of such mine to cause all persons, except those referred to in section 814(c) of this
title, to be withdrawn from, and to be prohibited
from entering, such area until an authorized
representative of the Secretary determines that
such imminent danger and the conditions or
practices which caused such imminent danger
no longer exist. The issuance of an order under
this subsection shall not preclude the issuance
of a citation under section 814 of this title or the
proposing of a penalty under section 820 of this
title.
(b) Notice to mine operators; further investigation; findings and decision by Secretary
(1) If, upon any inspection of a coal or other
mine, an authorized representative of the Secretary finds (A) that conditions exist therein
which have not yet resulted in an imminent
danger, (B) that such conditions cannot be effectively abated through the use of existing technology, and (C) that reasonable assurance can-

Page 137

TITLE 30—MINERAL LANDS AND MINING

not be provided that the continuance of mining
operations under such conditions will not result
in an imminent danger, he shall determine the
area throughout which such conditions exist,
and thereupon issue a notice to the operator of
the mine or his agent of such conditions, and
shall file a copy thereof, incorporating his findings therein, with the Secretary and with the
representative of the miners of such mine. Upon
receipt of such copy, the Secretary shall cause
such further investigation to be made as he
deems appropriate, including an opportunity for
the operator or a representative of the miners to
present information relating to such notice.
(2) Upon the conclusion of an investigation
pursuant to paragraph (1), and an opportunity
for a public hearing upon request by any interested party, the Secretary shall make findings
of fact, and shall by decision incorporating such
findings therein, either cancel the notice issued
under this subsection or issue an order requiring
the operator of such mine to cause all persons in
the area affected, except those persons referred
to in subsection (c) of section 814 of this title to
be withdrawn from, and be prohibited from entering, such area until the Secretary, after a
public hearing affording all interested persons
an opportunity to present their views, determines that such conditions have been abated.
Any hearing under this paragraph shall be of
record and shall be subject to section 554 of title
5.
(c) Form and content of orders
Orders issued pursuant to subsection (a) of
this section shall contain a detailed description
of the conditions or practices which cause and
constitute an imminent danger and a description of the area of the coal or other mine from
which persons must be withdrawn and prohibited from entering.
(d) Findings; duration of orders
Each finding made and order issued under this
section shall be given promptly to the operator
of the coal or other mine to which it pertains by
the person making such finding or order, and all
of such findings and orders shall be in writing,
and shall be signed by the person making them.
Any order issued pursuant to subsection (a) of
this section may be modified or terminated by
an authorized representative of the Secretary.
Any order issued under subsection (a) or (b) of
this section shall remain in effect until vacated,
modified, or terminated by the Secretary, or
modified or vacated by the Commission pursuant to subsection (e) of this section, or by the
courts pursuant to section 816(a) of this title.
(e) Reinstatement, modification, and vacatur of
orders
(1) Any operator notified of an order under
this section or any representative of miners notified of the issuance, modification, or termination of such an order may apply to the Commission within 30 days of such notification for
reinstatement, modification or vacation of such
order. The Commission shall forthwith afford an
opportunity for a hearing (in accordance with
section 554 of title 5 but without regard to subsection (a)(3) of such section) and thereafter
shall issue an order, based upon findings of fact,

§ 818

vacating, affirming, modifying, or terminating
the Secretary’s order. The Commission and the
courts may not grant temporary relief from the
issuance of any order under subsection (a) of
this section.
(2) The Commission shall take whatever action is necessary to expedite proceedings under
this subsection.
(Pub. L. 91–173, title I, § 107, Dec. 30, 1969, 83 Stat.
755; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1307.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1977—Pub. L. 95–164 substituted provisions relating to
the procedures to be followed to counteract dangerous
conditions in coal or other mines for provisions relating to the posting of notices, orders, and decisions at
coal mines, see section 819 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 818. Injunctions
(a) Civil action by Secretary
(1) The Secretary may institute a civil action
for relief, including a permanent or temporary
injunction, restraining order, or any other appropriate order in the district court of the
United States for the district in which a coal or
other mine is located or in which the operator of
such mine has his principal office, whenever
such operator or his agent—
(A) violates or fails or refuses to comply
with any order or decision issued under this
chapter, or fails or refuses to comply with any
order or decision, including a civil penalty assessment order, that is issued under this chapter,
(B) interferes with, hinders, or delays the
Secretary or his authorized representative, or
the Secretary of Health and Human Services
or his authorized representative, in carrying
out the provisions of this chapter,
(C) refuses to admit such representatives to
the coal or other mine,
(D) refuses to permit the inspection of the
coal or other mine, or the investigation of an
accident or occupational disease occurring in,
or connected with, such mine,
(E) refuses to furnish any information or report requested by the Secretary or the Secretary of Health and Human Services in furtherance of the provisions of this chapter, or
(F) refuses to permit access to, and copying
of, such records as the Secretary or the Secretary of Health and Human Services determines necessary in carrying out the provisions
of this chapter.
(2) The Secretary may institute a civil action
for relief, including permanent or temporary in-

§ 819

TITLE 30—MINERAL LANDS AND MINING

junction, restraining order, or any other appropriate order in the district court of the United
States for the district in which the coal or other
mine is located or in which the operator of such
mine has his principal office whenever the Secretary believes that the operator of a coal or
other mine is engaged in a pattern of violation
of the mandatory health or safety standards of
this chapter, which in the judgment of the Secretary constitutes a continuing hazard to the
health or safety of miners.
(b) Jurisdiction; relief; findings of Commission
or Secretary
In any action brought under subsection (a) of
this section, the court shall have jurisdiction to
provide such relief as may be appropriate. In the
case of an action under subsection (a)(2) of this
section, the court shall in its order require such
assurance or affirmative steps as it deems necessary to assure itself that the protection afforded to miners under this chapter shall be provided by the operator. Temporary restraining
orders shall be issued in accordance with rule 65
of the Federal Rules of Civil Procedure, as
amended, except that the time limit in such orders, when issued without notice, shall be seven
days from the date of entry. Except as otherwise
provided herein, any relief granted by the court
to enforce any order under paragraph (1) of subsection (a) of this section shall continue in effect until the completion or final termination of
all proceedings for review of such order under
this subchapter, unless prior thereto, the district court granting such relief sets it aside or
modifies it. In any action instituted under this
section to enforce an order or decision issued by
the Commission or the Secretary after a public
hearing in accordance with section 554 of title 5,
the findings of the Commission or the Secretary,
as the case may be, if supported by substantial
evidence on the record considered as a whole,
shall be conclusive.
(Pub. L. 91–173, title I, § 108, Dec. 30, 1969, 83 Stat.
756; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1309; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695; Pub. L. 109–236, § 9, June 15,
2006, 120 Stat. 501.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1)(A), (B), (E),
(F), (2) and (b), was in the original ‘‘this Act’’, meaning
Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the
Federal Mine Safety and Health Act of 1977, which is
classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 801 of this title and Tables.
Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (b), is set out in the Appendix to
Title 28, Judiciary and Judicial Procedure.
AMENDMENTS
2006—Subsec. (a)(1)(A). Pub. L. 109–236 inserted before
comma at end ‘‘, or fails or refuses to comply with any
order or decision, including a civil penalty assessment
order, that is issued under this chapter’’.
1977—Pub. L. 95–164 redesignated existing provisions
as subsecs. (a)(1) and (b), added subsec. (a)(2), and in the
redesignated provisions inserted references to findings
of the Commission, inserted requirement that in actions brought under subsec. (a)(2) the courts require
such assurances or affirmative action as they deem
necessary to assure that the protections offered by this

Page 138

chapter to the miners be provided by the operator, and
struck out provisions relating to the appointment of
attorneys by the Secretary to represent him in actions
under this section.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (a)(1)(B), (F) pursuant to section 509(b)
of Pub. L. 96–88 which is classified to section 3508(b) of
Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 819. Posting of orders and decisions
(a) Mine office; bulletin board
At each coal or other mine there shall be
maintained an office with a conspicuous sign
designating it as the office of such mine. There
shall be a bulletin board at such office or located at a conspicuous place near an entrance of
such mine, in such manner that orders, citations, notices and decisions required by law or
regulation to be posted, may be posted thereon,
and be easily visible to all persons desiring to
read them, and be protected against damage by
weather and against unauthorized removal. A
copy of any order, citation, notice or decision
required by this chapter to be given to an operator shall be delivered to the office of the affected mine, and a copy shall be immediately
posted on the bulletin board of such mine by the
operator or his agent.
(b) Distribution of orders, citations, notices, and
decisions
The Secretary shall (1) cause a copy of any
order, citation, notice, or decision required by
this chapter to be given to an operator to be
mailed immediately to a representative of the
miners in the affected coal or other mine, and
(2) cause a copy thereof to be mailed to the public official or agency of the State charged with
administering State laws, if any, relating to
health or safety in such mine. Such notice,
order, citation, or decision shall be available for
public inspection.
(c) Compliance
In order to insure prompt compliance with any
notice, order, citation, or decision issued under
this chapter, the authorized representative of
the Secretary may deliver such notice, order, citation, or decision to an agent of the operator,
and such agent shall immediately take appropriate measures to insure compliance with such
notice, order, citation, or decision.
(d) Filing; designation of health and safety officers
Each operator of a coal or other mine subject
to this chapter shall file with the Secretary the
name and address of such mine and the name
and address of the person who controls or operates the mine. Any revisions in such names or
addresses shall be promptly filed with the Secretary. Each operator of a coal or other mine
subject to this chapter shall designate a responsible official at such mine as the principal offi-

Page 139

TITLE 30—MINERAL LANDS AND MINING

cer in charge of health and safety at such mine,
and such official shall receive a copy of any notice, order, citation, or decision issued under
this chapter affecting such mine. In any case
where the mine is subject to the control of any
person not directly involved in the daily operations of the coal or other mine, there shall be
filed with the Secretary the name and address of
such person and the name and address of a principal official of such person who shall have overall responsibility for the conduct of an effective
health and safety program at any coal or other
mine subject to the control of such person, and
such official shall receive a copy of any notice,
order, citation, or decision issued affecting any
such mine. The mere designation of a health and
safety official under this subsection shall not be
construed as making such official subject to any
penalty under this chapter.
(Pub. L. 91–173, title I, § 109, Dec. 30, 1969, 83 Stat.
756; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1310.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of this
title and Tables.
AMENDMENTS
1977—Pub. L. 95–164 substituted provisions relating to
the posting of orders and decisions for provisions setting out an enumeration of penalties, which provisions,
as revised, were transferred to section 820 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 820. Penalties
(a) Civil penalty for violation of mandatory
health or safety standards
(1) The operator of a coal or other mine in
which a violation occurs of a mandatory health
or safety standard or who violates any other
provision of this chapter, shall be assessed a
civil penalty by the Secretary which penalty
shall not be more than $50,000 for each such violation. Each occurrence of a violation of a mandatory health or safety standard may constitute
a separate offense.
(2) The operator of a coal or other mine who
fails to provide timely notification to the Secretary as required under section 813(j) of this
title (relating to the 15 minute requirement)
shall be assessed a civil penalty by the Secretary of not less than $5,000 and not more than
$60,000.
(3)(A) The minimum penalty for any citation
or order issued under section 814(d)(1) of this
title shall be $2,000.
(B) The minimum penalty for any order issued
under section 814(d)(2) of this title shall be
$4,000.
(4) Nothing in this subsection shall be construed to prevent an operator from obtaining a
review, in accordance with section 816 of this

§ 820

title, of an order imposing a penalty described in
this subsection. If a court, in making such review, sustains the order, the court shall apply at
least the minimum penalties required under this
subsection.
(b) Civil penalty for failure to correct violation
for which citation has been issued
(1) Any operator who fails to correct a violation for which a citation has been issued under
section 814(a) of this title within the period permitted for its correction may be assessed a civil
penalty of not more than $$5,000 1 for each day
during which such failure or violation continues.
(2) Violations under this section that are
deemed to be flagrant may be assessed a civil
penalty of not more than $220,000. For purposes
of the preceding sentence, the term ‘‘flagrant’’
with respect to a violation means a reckless or
repeated failure to make reasonable efforts to
eliminate a known violation of a mandatory
health or safety standard that substantially and
proximately caused, or reasonably could have
been expected to cause, death or serious bodily
injury.
(c) Liability of corporate directors, officers, and
agents
Whenever a corporate operator violates a mandatory health or safety standard or knowingly
violates or fails or refuses to comply with any
order issued under this chapter or any order incorporated in a final decision issued under this
chapter, except an order incorporated in a decision issued under subsection (a) of this section
or section 815(c) of this title, any director, officer, or agent of such corporation who knowingly
authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the
same civil penalties, fines, and imprisonment
that may be imposed upon a person under subsections (a) and (d) of this section.
(d) Criminal penalties
Any operator who willfully violates a mandatory health or safety standard, or knowingly
violates or fails or refuses to comply with any
order issued under section 814 of this title and
section 817 of this title, or any order incorporated in a final decision issued under this subchapter, except an order incorporated in a decision under subsection (a)(1) or section 815(c) of
this title, shall, upon conviction, be punished by
a fine of not more than $250,000, or by imprisonment for not more than one year, or by both, except that if the conviction is for a violation
committed after the first conviction of such operator under this chapter, punishment shall be
by a fine of not more than $500,000, or by imprisonment for not more than five years, or both.
(e) Unauthorized advance notice of inspections
Unless otherwise authorized by this chapter,
any person who gives advance notice of any inspection to be conducted under this chapter
shall, upon conviction, be punished by a fine of
not more than $1,000 or by imprisonment for not
more than six months, or both.
1 So

in original.

§ 820

TITLE 30—MINERAL LANDS AND MINING

(f) False statements, representations, or certifications
Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter shall, upon conviction, be
punished by a fine of not more than $10,000, or
by imprisonment for not more than five years,
or both.
(g) Violation by miners of safety standards relating to smoking
Any miner who willfully violates the mandatory safety standards relating to smoking or the
carrying of smoking materials, matches, or
lighters shall be subject to a civil penalty assessed by the Commission, which penalty shall
not be more than $250 for each occurrence of
such violation.
(h) Equipment falsely represented as complying
with statute, specification, or regulations
Whoever knowingly distributes, sells, offers
for sale, introduces, or delivers in commerce any
equipment for use in a coal or other mine, including, but not limited to, components and accessories of such equipment, which is represented as complying with the provisions of
this chapter, or with any specification or regulation of the Secretary applicable to such equipment, and which does not so comply, shall, upon
conviction, be subject to the same fine and imprisonment that may be imposed upon a person
under subsection (f) of this section.
(i) Authority to assess civil penalties
The Commission shall have authority to assess all civil penalties provided in this chapter.
In assessing civil monetary penalties, the Commission shall consider the operator’s history of
previous violations, the appropriateness of such
penalty to the size of the business of the operator charged, whether the operator was negligent,
the effect on the operator’s ability to continue
in business, the gravity of the violation, and the
demonstrated good faith of the person charged
in attempting to achieve rapid compliance after
notification of a violation. In proposing civil
penalties under this chapter, the Secretary may
rely upon a summary review of the information
available to him and shall not be required to
make findings of fact concerning the above factors.
(j) Payment of penalties; interest
Civil penalties owed under this chapter shall
be paid to the Secretary for deposit into the
Treasury of the United States and shall accrue
to the United States and may be recovered in a
civil action in the name of the United States
brought in the United States district court for
the district where the violation occurred or
where the operator has its principal office. Interest at the rate of 8 percent per annum shall
be charged against a person on any final order of
the Commission, or the court. Interest shall
begin to accrue 30 days after the issuance of
such order.
(k) Compromise, mitigation, and settlement of
penalty
No proposed penalty which has been contested
before the Commission under section 815(a) of

Page 140

this title shall be compromised, mitigated, or
settled except with the approval of the Commission. No penalty assessment which has become a
final order of the Commission shall be compromised, mitigated, or settled except with the
approval of the court.
(l) Inapplicability to black lung benefit provisions
The provisions of this section shall not be applicable with respect to subchapter IV of this
chapter.
(Pub. L. 91–173, title I, § 110, Dec. 30, 1969, 83 Stat.
758; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1311; Pub. L. 101–508, title III, § 3102, Nov. 5,
1990, 104 Stat. 1388–29; Pub. L. 109–236, § 5(b),
§ 8(a), June 15, 2006, 120 Stat. 498, 500; Pub. L.
109–280, title XIII, § 1301, Aug. 17, 2006, 120 Stat.
1108.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1), (c) to (f),
and (h) to (j), was in the original ‘‘this Act’’, meaning
Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the
Federal Mine Safety and Health Act of 1977, which is
classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 801 of this title and Tables.
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–280, § 1301(2), substituted
‘‘(1) The operator’’ for ‘‘(1)(1) The operator’’ in par. (1),
substituted ‘‘subsection (a)(1)’’ for ‘‘paragraph (1)’’ in
par. (2), relating to criminal penalties, and redesignated that par. as subsec. (d).
Pub. L. 109–236, § 8(a)(1), inserted ‘‘(1)’’ after subsec.
heading, added par. (2), relating to criminal penalties,
and added pars. (3) and (4).
Pub. L. 109–236, § 5(b), designated existing provisions
as par. (1) and added par. (2), relating to civil penalties.
Subsec. (b). Pub. L. 109–280, § 1301(3), inserted par. (1)
and (2) designations.
Pub. L. 109–236, § 8(a)(2), inserted at end ‘‘Violations
under this section that are deemed to be flagrant may
be assessed a civil penalty of not more than $220,000.
For purposes of the preceding sentence, the term ‘flagrant’ with respect to a violation means a reckless or
repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety
standard that substantially and proximately caused, or
reasonably could have been expected to cause, death or
serious bodily injury.’’
Subsec. (d). Pub. L. 109–280, § 1301(2)(B)(ii), redesignated subsec. (a)(2), relating to criminal penalties, as
(d).
Pub. L. 109–280, § 1301(1), struck out subsec. (d) which
read as follows: ‘‘Any operator who willfully violates a
mandatory health or safety standard, or knowingly violates or fails or refuses to comply with any order issued
under section 814 of this title and section 817 of this
title, or any order incorporated in a final decision issued under this subchapter, except an order incorporated in a decision under subsection (a) of this section or section 815(c) of this title, shall, upon conviction, be punished by a fine of not more than $25,000, or
by imprisonment for not more than one year, or by
both, except that if the conviction is for a violation
committed after the first conviction of such operator
under this chapter, punishment shall be by a fine of not
more than $50,000, or by imprisonment for not more
than five years, or both.’’
1990—Subsec. (a). Pub. L. 101–508, § 3102(1), substituted
‘‘$50,000’’ for ‘‘$10,000’’.
Subsec. (b). Pub. L. 101–508, § 3102(2), substituted
‘‘$5,000’’ for ‘‘1,000’’.
1977—Pub. L. 95–164 substituted provisions setting the
civil and criminal penalties with regard to violations of

Page 141

TITLE 30—MINERAL LANDS AND MINING

§ 823

this chapter for provisions relating to claims of idled
miners, which provisions, as revised, were transferred
to section 821 of this title.

of records, which provisions, as revised, were transferred to section 813 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.
REGULATIONS
Pub. L. 109–236, § 8(b), June 15, 2006, 120 Stat. 501, provided that: ‘‘Not later than December 30, 2006, the Secretary of Labor shall promulgate final regulations with
respect to penalties.’’

§ 821. Entitlement of miners to full compensation
If a coal or other mine or area of such mine is
closed by an order issued under section 813 of
this title, section 814 of this title, or section 817
of this title, all miners working during the shift
when such order was issued who are idled by
such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates
of pay for the period they are idled, but for not
more than the balance of such shift. If such
order is not terminated prior to the next working shift, all miners on that shift who are idled
by such order shall be entitled to full compensation by the operator at their regular rates of pay
for the period they are idled, but for not more
than four hours of such shift. If a coal or other
mine or area of such mine is closed by an order
issued under section 814 of this title or section
817 of this title for a failure of the operator to
comply with any mandatory health or safety
standards, all miners who are idled due to such
order shall be fully compensated after all interested parties are given an opportunity for a public hearing, which shall be expedited in such
cases, and after such order is final, by the operator for lost time at their regular rates of pay for
such time as the miners are idled by such closing, or for one week, whichever is the lesser.
Whenever an operator violates or fails or refuses
to comply with any order issued under section
813 of this title, section 814 of this title, or section 817 of this title, all miners employed at the
affected mine who would have been withdrawn
from, or prevented from entering, such mine or
area thereof as a result of such order shall be entitled to full compensation by the operator at
their regular rates of pay, in addition to pay received for work performed after such order was
issued, for the period beginning when such order
was issued and ending when such order is complied with, vacated, or terminated. The Commission shall have authority to order compensation
due under this section upon the filing of a complaint by a miner or his representative and after
opportunity for hearing subject to section 554 of
title 5.
(Pub. L. 91–173, title I, § 111, Dec. 30, 1969, 83 Stat.
759; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1312.)
AMENDMENTS
1977—Pub. L. 95–164 substituted provisions relating to
the entitlement of miners to their full compensation
when they are idled as the result of the operation of
this chapter for provisions relating to the maintenance

EFFECTIVE DATE OF 1977 AMENDMENT

§ 822. Representation of Secretary in civil litigation by Solicitor of Labor
Except as provided in section 518(a) of title 28,
relating to litigation before the Supreme Court,
the Solicitor of Labor may appear for and represent the Secretary in any civil litigation
brought under this chapter but all such litigation shall be subject to the direction and control
of the Attorney General.
(Pub. L. 91–173, title I, § 112, as added Pub. L.
95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1313.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of this
title and Tables.
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 816(f) of this title prior to the amendment of
this subchapter by Pub. L. 95–164.
EFFECTIVE DATE
Section effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95–164, set out as an Effective Date
of 1977 Amendment note under section 801 of this title.

§ 823. Federal Mine Safety and Health Review
Commission
(a) Establishment; membership; chairman
The Federal Mine Safety and Health Review
Commission is hereby established. The Commission shall consist of five members, appointed by
the President by and with the advice and consent of the Senate, from among persons who by
reason of training, education, or experience are
qualified to carry out the functions of the Commission under this chapter. The President shall
designate one of the members of the Commission
to serve as Chairman.
(b) Terms; personnel; administrative law judges
(1) The terms of the members of the Commission shall be six years, except that—
(A) members of the Commission first taking
office after November 9, 1977, shall serve, as
designated by the President at the time of appointment, one for a term of two years, two
for a term of four years and two for a term of
six years; and
(B) a vacancy caused by the death, resignation, or removal of any member prior to the
expiration of the term for which he was appointed shall be filled only for the remainder
of such unexpired term.
Any member of the Commission may be removed
by the President for inefficiency, neglect of
duty, or malfeasance in office.
(2) The Chairman shall be responsible on behalf of the Commission for the administrative

§ 823

TITLE 30—MINERAL LANDS AND MINING

operations of the Commission. The Commission
shall appoint such employees as it deems necessary to assist in the performance of the Commission’s functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5,
relating to classification and general pay rates.
Upon the effective date of the Federal Mine
Safety and Health Amendments Act of 1977, the
administrative law judges assigned to the Arlington, Virginia, facility of the Office of Hearings and Appeals, United States Department of
the Interior, shall be automatically transferred
in grade and position to the Federal Mine Safety
and Health Review Commission. Notwithstanding the provisions of section 559 of title 5, the incumbent Chief Administrative Law Judge of the
Office of Hearings and Appeals of the Department of the Interior assigned to the Arlington,
Virginia facility shall have the option, on the effective date of the Federal Mine Safety and
Health Amendments Act of 1977, of transferring
to the Commission as an administrative law
judge, in the same grade and position as the
other administrative law judges. The administrative law judges (except those presiding over
Indian Probate Matters) assigned to the Western
facilities of the Office of Hearings and Appeals
of the Department of the Interior shall remain
with that Department at their present grade and
position or they shall have the right to transfer
on an equivalent basis to that extended in this
paragraph to the Arlington, Virginia administrative law judges in accordance with procedures established by the Director of the Office of
Personnel Management. The Commission shall
appoint such additional administrative law
judges as it deems necessary to carry out the
functions of the Commission. Assignment, removal, and compensation of administrative law
judges shall be in accordance with sections 3105,
3344, 5362 and 7521 of title 5.
(c) Delegation of powers
The Commission is authorized to delegate to
any group of three or more members any or all
of the powers of the Commission, except that
two members shall constitute a quorum of any
group designated pursuant to this paragraph.
(d) Proceedings before administrative law judge;
administrative review
(1) An administrative law judge appointed by
the Commission to hear matters under this
chapter shall hear, and make a determination
upon, any proceeding instituted before the Commission and any motion in connection therewith, assigned to such administrative law judge
by the chief administrative law judge of the
Commission or by the Commission, and shall
make a decision which constitutes his final disposition of the proceedings. The decision of the
administrative law judge of the Commission
shall become the final decision of the Commission 40 days after its issuance unless within such
period the Commission has directed that such
decision shall be reviewed by the Commission in
accordance with paragraph (2). An administrative law judge shall not be assigned to prepare a
recommended decision under this chapter.
(2) The Commission shall prescribe rules of
procedure for its review of the decisions of ad-

Page 142

ministrative law judges in cases under this
chapter which shall meet the following standards for review:
(A)(i) Any person adversely affected or aggrieved by a decision of an administrative law
judge, may file and serve a petition for discretionary review by the Commission of such decision within 30 days after the issuance of such decision. Review by the Commission shall not be a
matter of right but of the sound discretion of
the Commission.
(ii) Petitions for discretionary review shall be
filed only upon one or more of the following
grounds:
(I) A finding or conclusion of material fact is
not supported by substantial evidence.
(II) A necessary legal conclusion is erroneous.
(III) The decision is contrary to law or to the
duly promulgated rules or decisions of the
Commission.
(IV) A substantial question of law, policy or
discretion is involved.
(V) A prejudicial error of procedure was
committed.
(iii) Each issue shall be separately numbered
and plainly and concisely stated, and shall be
supported by detailed citations to the record
when assignments of error are based on the
record, and by statutes, regulations, or principal
authorities relied upon. Except for good cause
shown, no assignment of error by any party
shall rely on any question of fact or law upon
which the administrative law judge had not been
afforded an opportunity to pass. Review by the
Commission shall be granted only by affirmative
vote of two of the Commissioners present and
voting. If granted, review shall be limited to the
questions raised by the petition.
(B) At any time within 30 days after the issuance of a decision of an administrative law
judge, the Commission may in its discretion (by
affirmative vote of two of the Commissioners
present and voting) order the case before it for
review but only upon the ground that the decision may be contrary to law or Commission policy, or that a novel question of policy has been
presented. The Commission shall state in such
order the specific issue of law, Commission policy, or novel question of policy involved. If a
party’s petition for discretionary review has
been granted, the Commission shall not raise or
consider additional issues in such review proceedings except in compliance with the requirements of this paragraph.
(C) For the purpose of review by the Commission under paragraph (A) or (B) of this subsection, the record shall include: (i) all matters
constituting the record upon which the decision
of the administrative law judge was based; (ii)
the rulings upon proposed findings and conclusions; (iii) the decision of the administrative law
judge; (iv) the petition or petitions for discretionary review, responses thereto, and the Commission’s order for review; and (v) briefs filed on
review. No other material shall be considered by
the Commission upon review. The Commission
either may remand the case to the administrative law judge for further proceedings as it may
direct or it may affirm, set aside, or modify the
decision or order of the administrative law judge

Page 143

TITLE 30—MINERAL LANDS AND MINING

in conformity with the record. If the Commission determines that further evidence is necessary on an issue of fact it shall remand the
case for further proceedings before the administrative law judge.
(The provisions of section 557(b) of title 5 with
regard to the review authority of the Commission are expressly superseded to the extent that
they are inconsistent with the provisions of subparagraphs (A), (B), and (C) of this paragraph.)
(e) Witnesses and evidence; subpoenas; contempt
In connection with hearings before the Commission or its administrative law judges under
this chapter, the Commission and its administrative law judges may compel the attendance
and testimony of witnesses and the production
of books, papers, or documents, or objects, and
order testimony to be taken by deposition at
any stage of the proceedings before them. Any
person may be compelled to appear and depose
and produce similar documentary or physical
evidence, in the same manner as witnesses may
be compelled to appear and produce evidence before the Commission and its administrative law
judges. Witnesses shall be paid the same fees and
mileage that are paid witnesses in the courts of
the United States and at depositions ordered by
such courts. In case of contumacy, failure, or refusal of any person to obey a subpoena or order
of the Commission or an administrative law
judge, respectively, to appear, to testify, or to
produce documentary or physical evidence, any
district court of the United States or the United
States courts of any territory or possession,
within the jurisdiction of which such person is
found, or resides, or transacts business, shall,
upon the application of the Commission, or the
administrative law judge, respectively, have jurisdiction to issue to such person an order requiring such person to appear, to testify, or to
produce evidence as ordered by the Commission
or the administrative law judge, respectively,
and any failure to obey such order of the court
may be punished by the court as a contempt
thereof.
(Pub. L. 91–173, title I, § 113, as added Pub. L.
95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1313;
1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43
F.R. 36037, 92 Stat. 3783.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (d), and (e),
was in the original ‘‘this Act’’, meaning Pub. L. 91–173,
Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine
Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 801 of this title and Tables.
For the effective date of the Federal Mine Safety and
Health Amendments Act of 1977, referred to in subsec.
(b)(2), see section 307 of Pub. L. 95–164, set out as an Effective Date of 1977 Amendment note under section 801
of this title.
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 729 of this title prior to its repeal by Pub. L.
95–164.
EFFECTIVE DATE
Section effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95–164, set out as an Effective Date
of 1977 Amendment note under section 801 of this title.

§ 825

TRANSFER OF FUNCTIONS
‘‘Director of the Office of Personnel Management’’
substituted for ‘‘Civil Service Commission’’ in subsec.
(b)(2) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R.
36037, 92 Stat. 3783, set out under section 1101 of Title
5, Government Organization and Employees, which
transferred all functions vested by statute in United
States Civil Service Commission to Director of Office
of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102
of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out
under section 1101 of Title 5.

§ 823a. Principal office in District of Columbia;
proceedings held elsewhere
The principal office of the Commission shall
be in the District of Columbia. Whenever the
Commission deems that convenience of the public or the parties may be promoted, or delay or
expense may be minimized, it may hold hearings
or conduct other proceedings at any other place.
(Pub. L. 95–164, title III, § 302(d), Nov. 9, 1977, 91
Stat. 1320.)
CODIFICATION
Section was enacted as part of Pub. L. 95–164, known
as the Federal Mine Safety and Health Amendments
Act of 1977, and not as part of Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977 which comprises this chapter.
EFFECTIVE DATE
Section effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95–164, set out as an Effective Date
of 1977 Amendment note under section 801 of this title.

§ 824. Authorization of appropriations
There are authorized to be appropriated, out of
any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to
carry out the provisions of this subchapter.
(Pub. L. 91–173, title I, § 114, as added Pub. L.
95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1315.)
EFFECTIVE DATE
Section effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95–164, set out as an Effective Date
of 1977 Amendment note under section 801 of this title.

§ 825. Mandatory health and safety training
(a) Approved program; regulations
Each operator of a coal or other mine shall
have a health and safety training program
which shall be approved by the Secretary. The
Secretary shall promulgate regulations with respect to such health and safety training programs not more than 180 days after the effective
date of the Federal Mine Safety and Health
Amendments Act of 1977. Each training program
approved by the Secretary shall provide as a
minimum that—
(1) new miners having no underground mining experience shall receive no less than 40
hours of training if they are to work underground. Such training shall include instruction in the statutory rights of miners and
their representatives under this chapter, use
of the self-rescue device and use of respiratory
devices, hazard recognition, escapeways, walk
around training, emergency procedures, basic
ventilation, basic roof control, electrical haz-

§ 825

TITLE 30—MINERAL LANDS AND MINING

ards, first aid, and the health and safety aspects of the task to which he will be assigned;
(2) new miners having no surface mining experience shall receive no less than 24 hours of
training if they are to work on the surface.
Such training shall include instruction in the
statutory rights of miners and their representatives under this chapter, use of the self-rescue device where appropriate and use of respiratory devices where appropriate, hazard
recognition, emergency procedures, electrical
hazards, first aid, walk around training and
the health and safety aspects of the task to
which he will be assigned;
(3) all miners shall receive no less than eight
hours of refresher training no less frequently
than once each 12 months, except that miners
already employed on the effective date of the
Federal Mine Safety and Health Amendments
Act of 1977 shall receive this refresher training
no more than 90 days after the date of approval of the training plan required by this
section;
(4) any miner who is reassigned to a new
task in which he has had no previous work experience shall receive training in accordance
with a training plan approved by the Secretary under this subsection in the safety and
health aspects specific to that task prior to
performing that task;
(5) any training required by paragraphs (1),
(2) or (4) shall include a period of training as
closely related as is practicable to the work in
which the miner is to be engaged.
(b) Training compensation
Any health and safety training provided under
subsection (a) of this section shall be provided
during normal working hours. Miners shall be
paid at their normal rate of compensation while
they take such training, and new miners shall be
paid at their starting wage rate when they take
the new miner training. If such training shall be
given at a location other than the normal place
of work, miners shall also be compensated for
the additional costs they may incur in attending
such training sessions.
(c) Certificate
Upon completion of each training program,
each operator shall certify, on a form approved
by the Secretary, that the miner has received
the specified training in each subject area of the
approved health and safety training plan. A certificate for each miner shall be maintained by
the operator, and shall be available for inspection at the mine site, and a copy thereof shall be
given to each miner at the completion of such
training. When a miner leaves the operator’s
employ, he shall be entitled to a copy of his
health and safety training certificates. False
certification by an operator that training was
given shall be punishable under section 820(a)
and (f) of this title; and each health and safety
training certificate shall indicate on its face, in
bold letters, printed in a conspicuous manner
the fact that such false certification is so punishable.
(d) Standards
The Secretary shall promulgate appropriate
standards for safety and health training for coal
or other mine construction workers.

Page 144

(e) Proposed regulations
(1) Within 180 days after the effective date of
the Federal Mine Safety and Health Amendments Act of 1977, the Secretary shall publish
proposed regulations which shall provide that
mine rescue teams shall be available for rescue
and recovery work to each underground coal or
other mine in the event of an emergency. The
costs of making advance arrangements for such
teams shall be borne by the operator of each
such mine.
(2)(A) The Secretary shall issue regulations
with regard to mine rescue teams which shall be
finalized and in effect not later than 18 months
after June 15, 2006.
(B) Such regulations shall provide for the following:
(i) That such regulations shall not be construed to waive operator training requirements applicable to existing mine rescue
teams.
(ii) That the Mine Safety and Health Administration shall establish, and update every 5
years thereafter, criteria to certify the qualifications of mine rescue teams.
(iii)(I) That the operator of each underground coal mine with more than 36 employees—
(aa) have an employee knowledgeable in
mine emergency response who is employed
at the mine on each shift at each underground mine; and
(bb) make available two certified mine rescue teams whose members—
(AA) are familiar with the operations of
such coal mine;
(BB) participate at least annually in two
local mine rescue contests;
(CC) participate at least annually in
mine rescue training at the underground
coal mine covered by the mine rescue
team; and
(DD) are available at the mine within
one hour ground travel time from the mine
rescue station.
(II)(aa) For the purpose of complying with
subclause (I), an operator shall employ one
team that is either an individual mine site
mine rescue team or a composite team as provided for in item (bb)(BB).
(bb) The following options may be used by
an operator to comply with the requirements
of item (aa):
(AA) An individual mine-site mine rescue
team.
(BB) A multi-employer composite team
that is made up of team members who are
knowledgeable about the operations and
ventilation of the covered mines and who
train on a semi-annual basis at the covered
underground coal mine—
(aaa) which provides coverage for multiple operators that have team members
which include at least two active employees from each of the covered mines;
(bbb) which provides coverage for multiple mines owned by the same operator
which members include at least two active
employees from each mine; or
(ccc) which is a State-sponsored mine
rescue team comprised of at least two ac-

Page 145

TITLE 30—MINERAL LANDS AND MINING

§ 841

tive employees from each of the covered
mines.

§ 826. Limitation on certain liability for rescue
operations

(CC) A commercial mine rescue team provided by contract through a third-party vendor or mine rescue team provided by another
coal company, if such team—
(aaa) trains on a quarterly basis at covered underground coal mines;
(bbb) is knowledgeable about the operations and ventilation of the covered
mines; and
(ccc) is comprised of individuals with a
minimum of 3 years underground coal
mine experience that shall have occurred
within the 10-year period preceding their
employment on the contract mine rescue
team.

(a) In general
No person shall bring an action against any
covered individual or his or her regular employer for property damage or an injury (or
death) sustained as a result of carrying out activities relating to mine accident rescue or recovery operations. This subsection shall not
apply where the action that is alleged to result
in the property damages or injury (or death) was
the result of gross negligence, reckless conduct,
or illegal conduct or, where the regular employer (as such term is used in this chapter) is
the operator of the mine at which the rescue activity takes place. Nothing in this section shall
be construed to preempt State workers’ compensation laws.
(b) Covered individual
For purposes of subsection (a), the term ‘‘covered individual’’ means an individual—
(1) who is a member of a mine rescue team
or who is otherwise a volunteer with respect
to a mine accident; and
(2) who is carrying out activities relating to
mine accident rescue or recovery operations.
(c) Regular employer
For purposes of subsection (a), the term ‘‘regular employer’’ means the entity that is the covered employee’s legal or statutory employer
pursuant to applicable State law.

(DD) A State-sponsored team made up of
State employees.
(iv) That the operator of each underground
coal mine with 36 or less employees shall—
(I) have an employee on each shift who is
knowledgeable in mine emergency responses;
and
(II) make available two certified mine rescue teams whose members—
(aa) are familiar with the operations of
such coal mine;
(bb) participate at least annually in two
local mine rescue contests;
(cc) participate at least semi-annually in
mine rescue training at the underground
coal mine covered by the mine rescue
team;
(dd) are available at the mine within one
hour ground travel time from the mine
rescue station;
(ee) are knowledgeable about the operations and ventilation of the covered
mines; and
(ff) are comprised of individuals with a
minimum of 3 years underground coal
mine experience that shall have occurred
within the 10-year period preceding their
employment on the contract mine rescue
team.
(Pub. L. 91–173, title I, § 115, as added Pub. L.
95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1315;
amended Pub. L. 109–236, § 4, June 15, 2006, 120
Stat. 497.)
REFERENCES IN TEXT
For the effective date of the Federal Mine Safety and
Health Amendments Act of 1977, referred to in subsecs.
(a) and (e)(1), see section 307 of Pub. L. 95–164, set out
as an Effective Date of 1977 Amendment note under section 801 of this title.
This chapter, referred to in subsec. (a)(1), (2), was in
the original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
2006—Subsec. (e). Pub. L. 109–236 designated existing
provisions as par. (1) and added par. (2).
EFFECTIVE DATE
Section effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95–164, set out as an Effective Date
of 1977 Amendment note under section 801 of this title.

(Pub. L. 91–173, title I, § 116, as added Pub. L.
109–236, § 3, June 15, 2006, 120 Stat. 496.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.

SUBCHAPTER II—INTERIM MANDATORY
HEALTH STANDARDS
§ 841. Mandatory health standards for underground mines; enforcement; review; purpose
(a) The provisions of sections 842 through 846
of this title and the applicable provisions of section 878 of this title shall be interim mandatory
health standards applicable to all underground
coal mines until superseded in whole or in part
by improved mandatory health standards promulgated by the Secretary under the provisions
of section 811 of this title, and shall be enforced
in the same manner and to the same extent as
any mandatory health standard promulgated
under the provisions of section 811 of this title.
Any orders issued in the enforcement of the interim standards set forth in this subchapter
shall be subject to review as provided in subchapter I of this chapter.
(b) Among other things, it is the purpose of
this subchapter to provide, to the greatest extent possible, that the working conditions in
each underground coal mine are sufficiently free
of respirable dust concentrations in the mine atmosphere to permit each miner the opportunity

§ 842

TITLE 30—MINERAL LANDS AND MINING

to work underground during the period of his entire adult working life without incurring any
disability from pneumoconiosis or any other occupation-related disease during or at the end of
such period.
(Pub. L. 91–173, title II, § 201, Dec. 30, 1969, 83
Stat. 760.)
EFFECTIVE DATE
Subchapter operative six months after Dec. 30, 1969,
except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L.
91–173, set out as a note under section 801 of this title.

§ 842. Dust concentration and respiratory equipment
(a) Samples; procedures; transmittal; notice of
excess concentration; periodic reports to Secretary; contents
Each operator of a coal mine shall take accurate samples of the amount of respirable dust in
the mine atmosphere to which each miner in the
active workings of such mine is exposed. Such
samples shall be taken by any device approved
by the Secretary and the Secretary of Health
and Human Services and in accordance with
such methods, at such locations, at such intervals, and in such manner as the Secretaries
shall prescribe in the Federal Register within
sixty days from December 30, 1969 and from time
to time thereafter. Such samples shall be transmitted to the Secretary in a manner established
by him, and analyzed and recorded by him in a
manner that will assure application of the provisions of section 814(i) of this title when the applicable limit on the concentration of respirable
dust required to be maintained under this section is exceeded. The results of such samples
shall also be made available to the operator.
Each operator shall report and certify to the
Secretary at such intervals as the Secretary
may require as to the conditions in the active
workings of the coal mine, including, but not
limited to, the average number of working hours
worked during each shift, the quantity and velocity of air regularly reaching the working
faces, the method of mining, the amount and
pressure of the water, if any, reaching the working faces, and the number, location, and type of
sprays, if any, used.
(b) Standards; noncompliance permit; renewal;
procedures; limitations; extension period
Except as otherwise provided in this subsection—
(1) Effective on the operative date of this
subchapter, each operator shall continuously
maintain the average concentration of respirable dust in the mine atmosphere during
each shift to which each miner in the active
workings of such mine is exposed at or below
3.0 milligrams of respirable dust per cubic
meter of air.
(2) Effective three years after December 30,
1969, each operator shall continuously maintain the average concentration of respirable
dust in the mine atmosphere during each shift
to which each miner in the active workings of
such mine is exposed at or below 2.0 milligrams of respirable dust per cubic meter of
air.

Page 146

(3) Any operator who determines that he will
be unable, using available technology, to comply with the provisions of paragraph (1) of this
subsection, or the provisions of paragraph (2)
of this subsection, as appropriate, may file
with the Panel, no later than sixty days prior
to the effective date of the applicable respirable dust standard established by such
paragraphs, an application for a permit for
noncompliance. If, in the case of an application for a permit for noncompliance with the
3.0 milligram standard established by paragraph (1) of this subsection, the application
satisfies the requirements of subsection (c) of
this section, the Panel shall issue a permit for
noncompliance to the operator. If, in the case
of an application for a permit for noncompliance with the 2.0 milligram standard established by paragraph (2) of this subsection, the
application satisfies the requirements of subsection (c) of this section and the Panel determines that the applicant will be unable to
comply with such standard, the Panel shall
issue to the operator a permit for noncompliance.
(4) In any case in which an operator, who has
been issued a permit (including a renewal permit) for noncompliance under this section, determines, not more than ninety days prior to
the expiration date of such permit, that he
still is unable to comply with the standard established by paragraph (1) of this subsection or
the standard established by paragraph (2) of
this subsection, as appropriate, he may file
with the Panel an application for renewal of
the permit. Upon receipt of such application,
the Panel, if it determines, after all interested
persons have been notified and given an opportunity for a public hearing under section 804 of
this title, that the application is in compliance with the provisions of subsection (c) of
this section, and that the applicant will be unable to comply with such standard, may renew
the permit.
(5) Any such permit or renewal thereof so issued shall be in effect for a period not to exceed one year and shall entitle the permittee
during such period to maintain continuously
the average concentration of respirable dust in
the mine atmosphere during each shift in the
working places of such mine to which the permit applies at a level specified by the Panel,
which shall be at the lowest level which the
application shows the conditions, technology
applicable to such mine, and other available
and effective control techniques and methods
will permit, but in no event shall such level
exceed 4.5 milligrams of dust per cubic meter
of air during the period when the 3.0 milligram
standard is in effect, or 3.0 milligrams of dust
per cubic meter of air during the period when
the 2.0 milligram standard is in effect.
(6) No permit or renewal thereof for noncompliance shall entitle any operator to an
extension of time beyond eighteen months
from December 30, 1969 to comply with the 3.0
milligram standard established by paragraph
(1) of this subsection, or beyond seventy-two
months from December 30, 1969 to comply with
the 2.0 milligram standard established by
paragraph (2) of this subsection.

Page 147

TITLE 30—MINERAL LANDS AND MINING

(c) Applications for noncompliance; contents
Any application for an initial or renewal permit made pursuant to this section shall contain—
(1) a representation by the applicant and the
engineer conducting the survey referred to in
paragraph (2) of this subsection that the applicant is unable to comply with the standard applicable under subsection (b)(1) or (b)(2) of this
section at specified working places because
the technology for reducing the concentration
of respirable dust at such places is not available, or because of the lack of other effective
control techniques or methods, or because of
any combination of such reasons;
(2) an identification of the working places in
such mine for which the permit is requested;
the results of an engineering survey by a certified engineer of the respirable dust conditions of each working place of the mine with
respect to which such application is filed and
the ability to reduce such dust to the level required to be maintained in such place under
this section; a description of the ventilation
system of the mine and its capacity; the quantity and velocity of air regularly reaching the
working faces; the method of mining; the
amount and pressure of the water, if any,
reaching the working faces; the number, location, and type of sprays, if any; action taken
to reduce such dust; and such other information as the Panel may require; and
(3) statements by the applicant and the engineer conducting such survey, of the means and
methods to be employed to achieve compliance with the applicable standard, the
progress made toward achieving compliance,
and an estimate of when compliance can be
achieved.
(d) Promulgation of new standards; procedures
Beginning six months after the operative date
of this subchapter and from time to time thereafter, the Secretary of Health and Human Services shall establish, in accordance with the provisions of section 811 of this title, a schedule reducing the average concentration of respirable
dust in the mine atmosphere during each shift
to which each miner in the active workings is
exposed below the levels established in this section to a level of personal exposure which will
prevent new incidences of respiratory disease
and the further development of such disease in
any person. Such schedule shall specify the minimum time necessary to achieve such levels taking into consideration present and future advancements in technology to reach these levels.
(e) Concentration of respirable dust
References to concentrations of respirable
dust in this subchapter mean the average concentration of respirable dust measured with a
device approved by the Secretary and the Secretary of Health and Human Services.
(f) Average concentration
For the purpose of this subchapter, the term
‘‘average concentration’’ means a determination
which accurately represents the atmospheric
conditions with regard to respirable dust to
which each miner in the active workings of a
mine is exposed (1) as measured, during the 18

§ 842

month period following December 30, 1969, over a
number of continuous production shifts to be determined by the Secretary and the Secretary of
Health and Human Services, and (2) as measured
thereafter, over a single shift only, unless the
Secretary and the Secretary of Health and
Human Services find, in accordance with the
provisions of section 811 of this title, that such
single shift measurement will not, after applying valid statistical techniques to such measurement, accurately represent such atmospheric
conditions during such shift.
(g) Compliance inspections
The Secretary shall cause to be made such frequent spot inspections as he deems appropriate
of the active workings of coal mines for the purpose of obtaining compliance with the provisions of this subchapter.
(h) Maintenance of respiratory equipment; substitutes for environmental controls
Respiratory equipment approved by the Secretary and the Secretary of Health and Human
Services shall be made available to all persons
whenever exposed to concentrations of respirable dust in excess of the levels required to be
maintained under this chapter. Use of respirators shall not be substituted for environmental control measures in the active workings.
Each operator shall maintain a supply of respiratory equipment adequate to deal with occurrences of concentrations of respirable dust in
the mine atmosphere in excess of the levels required to be maintained under this chapter.
(Pub. L. 91–173, title II, § 202, Dec. 30, 1969, 83
Stat. 760; Pub. L. 95–164, title II, § 202(a), Nov. 9,
1977, 91 Stat. 1317; Pub. L. 96–88, title V, § 509(b),
Oct. 17, 1979, 93 Stat. 695.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsecs. (b)(1) and (d), see section 509 of Pub. L.
91–173, set out as a note under section 801 of this title.
This chapter, referred to in subsec. (h), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1977—Subsec. (e). Pub. L. 95–164 substituted a general
reference to an ‘‘approved device’’ used to measure the
average concentration of respirable dust for provisions
which had referred to a specific device known as an
‘‘MRE instrument’’.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (a), (d) to (f), and (h) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section
3508(b) of Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective Nov. 9, 1977,
see section 307 of Pub. L. 95–164, set out as a note under
section 801 of this title.

§ 843

TITLE 30—MINERAL LANDS AND MINING

§ 843. Medical examinations
(a) Chest roentgenogram; availability; periodic
intervals; other tests; transmittal of results;
advice of rights
The operator of a coal mine shall cooperate
with the Secretary of Health and Human Services in making available to each miner working
in a coal mine the opportunity to have a chest
roentgenogram within eighteen months after
December 30, 1969, a second chest roentgenogram
within three years thereafter, and subsequent
chest roentgenograms at such intervals thereafter of not to exceed five years as the Secretary
of Health and Human Services prescribes. Each
worker who begins work in a coal mine for the
first time shall be given, as soon as possible
after commencement of his employment, and
again three years later if he is still engaged in
coal mining, a chest roentgenogram; and in the
event the second such chest roentgenogram
shows evidence of the development of pneumoconiosis the worker shall be given, two years
later if he is still engaged in coal mining, an additional chest roentgenogram. All chest roentgenograms shall be given in accordance with
specifications prescribed by the Secretary of
Health and Human Services and shall be supplemented by such other tests as the Secretary of
Health and Human Services deems necessary.
The films shall be read and classified in a manner to be prescribed by the Secretary of Health
and Human Services, and the results of each
reading on each such person and of such tests
shall be submitted to the Secretary and to the
Secretary of Health and Human Services, and,
at the request of the miner, to his physician.
The Secretary shall also submit such results to
such miner and advise him of his rights under
this chapter related thereto. Such specifications, readings, classifications, and tests shall,
to the greatest degree possible, be uniform for
all coal mines and miners in such mines.
(b) Evidence of pneumoconiosis; option to transfer; wages
(1) On and after the operative date of this subchapter, any miner who, in the judgment of the
Secretary of Health and Human Services based
upon such reading or other medical examinations, shows evidence of the development of
pneumoconiosis shall be afforded the option of
transferring from his position to another position in any area of the mine, for such period or
periods as may be necessary to prevent further
development of such disease, where the concentration of respirable dust in the mine atmosphere is not more than 2.0 milligrams of dust per
cubic meter of air.
(2) Effective three years after December 30,
1969, any miner who, in the judgment of the Secretary of Health and Human Services based upon
such reading or other medical examinations,
shows evidence of the development of pneumoconiosis shall be afforded the option of transferring from his position to another position in any
area of the mine, for such period or periods as
may be necessary to prevent further development of such disease, where the concentration of
respirable dust in the mine atmosphere is not

Page 148

more than 1.0 millograms 1 of dust per cubic
meter of air, or if such level is not attainable in
such mine, to a position in such mine where the
concentration of respirable dust is the lowest attainable below 2.0 milligrams per cubic meter of
air.
(3) Any miner so transferred shall receive compensation for such work at not less than the regular rate of pay received by him immediately
prior to his transfer.
(c) Costs of examinations and tests
No payment may be required of any miner in
connection with any examination or test given
him pursuant to this subchapter. Where such examinations or tests cannot be given, due to the
lack of adequate medical or other necessary facilities or personnel, in the locality where the
miner resides, arrangements shall be made to
have them conducted, in accordance with the
provisions of this subchapter, in such locality by
the Secretary of Health and Human Services, or
by an appropriate person, agency, or institution,
public or private, under an agreement or arrangement between the Secretary of Health and
Human Services and such person, agency, or institution. The operator of the mine shall reimburse the Secretary of Health and Human Services, or such person, agency, or institution, as
the case may be, for the cost of conducting each
examination or test made, in accordance with
this subchapter, and shall pay whatever other
costs are necessary to enable the miner to take
such examinations or tests.
(d) Autopsies
If the death of any active miner occurs in any
coal mine, or if the death of any active or inactive miner occurs in any other place, the Secretary of Health and Human Services is authorized to provide for an autopsy to be performed
on such miner, with the consent of his surviving
widow or, if he has no such widow, then with the
consent of his surviving next of kin. The results
of such autopsy shall be submitted to the Secretary of Health and Human Services and, with
the consent of such survivor, to the miner’s physician or other interested person. Such autopsy
shall be paid for by the Secretary of Health and
Human Services.
(Pub. L. 91–173, title II, § 203, Dec. 30, 1969, 83
Stat. 763; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
For operative date of this subchapter, referred to in
subsec. (b)(1), see section 509 of Pub. L. 91–173, set out
as an Effective Date note under section 801 of this title.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted in text for ‘‘Secretary of Health, Education,
and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88
which is classified to section 3508(b) of Title 20, Education.
1 So

in original. Probably should be ‘‘milligrams’’.

Page 149

TITLE 30—MINERAL LANDS AND MINING

§ 844. Rock dust and gas hazards; controls
The dust resulting from drilling in rock shall
be controlled by the use of permissible dust collectors, or by water or water with a wetting
agent, or by ventilation, or by any other method
or device approved by the Secretary which is at
least as effective in controlling such dust. Respiratory equipment approved by the Secretary
and the Secretary of Health and Human Services
shall be provided persons exposed for short periods to inhalation hazards from gas, dusts, fumes,
or mist. When the exposure is for prolonged periods, other measures to protect such persons or
to reduce the hazard shall be taken.
(Pub. L. 91–173, title II, § 204, Dec. 30, 1969, 83
Stat. 764; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted in text for ‘‘Secretary of Health, Education,
and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88
which is classified to section 3508(b) of Title 20, Education.

§ 845. Dust standards in presence of quartz
In coal mining operations where the concentration of respirable dust in the mine atmosphere of any working place contains more than
5 per centum quartz, the Secretary of Health
and Human Services shall prescribe an appropriate formula for determining the applicable
respirable dust standard under this subchapter
for such working place and the Secretary shall
apply such formula in carrying out his duties
under this subchapter.
(Pub. L. 91–173, title II, § 205, Dec. 30, 1969, 83
Stat. 765; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted in text for ‘‘Secretary of Health, Education,
and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88
which is classified to section 3508(b) of Title 20, Education.

§ 846. Noise standards; promulgation of new
standards; tests; procedures; protective devices
On and after the operative date of this subchapter, the standards on noise prescribed under
chapter 65 of title 41, in effect October 1, 1969,
shall be applicable to each coal mine and each
operator of such mine shall comply with them.
Within six months after December 30, 1969, the
Secretary of Health and Human Services shall
establish, and the Secretary shall publish, as
provided in section 811 of this title, proposed
mandatory health standards establishing maximum noise exposure levels for all underground
coal mines. Beginning six months after the operative date of this subchapter, and at intervals of
at least every six months thereafter, the operator of each coal mine shall conduct, in a manner
prescribed by the Secretary of Health and
Human Services, tests by a qualified person of
the noise level at the mine and report and certify the results to the Secretary and the Secretary of Health and Human Services. In meet-

§ 861

ing such standard under this section, the operator shall not require the use of any protective
device or system, including personal devices,
which the Secretary or his authorized representative finds to be hazardous or cause a hazard to
the miners in such mine.
(Pub. L. 91–173, title II, § 206, Dec. 30, 1969, 83
Stat. 765; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in text, see section 509 of Pub. L. 91–173, set out as an
Effective Date note under section 801 of this title.
CODIFICATION
In text, ‘‘chapter 65 of title 41’’ substituted for ‘‘the
Walsh-Healey Public Contracts Act, as amended’’ on
authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat.
3854, which Act enacted Title 41, Public Contracts.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted in text for ‘‘Secretary of Health, Education,
and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88
which is classified to section 3508(b) of Title 20, Education.

SUBCHAPTER III—INTERIM MANDATORY
SAFETY
STANDARDS
FOR
UNDERGROUND COAL MINES
§ 861. Mandatory safety standards for underground mines
(a) Coverage; enforcement; review
The provisions of sections 862 through 878 of
this title shall be interim mandatory safety
standards applicable to all underground coal
mines until superseded in whole or in part by
improved mandatory safety standards promulgated by the Secretary under the provisions of
section 811 of this title, and shall be enforced in
the same manner and to the same extent as any
mandatory safety standard promulgated under
section 811 of this title. Any orders issued in the
enforcement of the interim standards set forth
in this subchapter shall be subject to review as
provided in subchapter I of this chapter.
(b) Purpose; initiation of studies and research
The purpose of this subchapter is to provide
for the immediate application of mandatory
safety standards developed on the basis of experience and advances in technology and to prevent newly created hazards resulting from new
technology in coal mining. The Secretary of the
Interior in coordination with the Secretary
shall immediately initiate studies, investigations, and research to further upgrade such
standards and to develop and promulgate new
and improved standards promptly that will provide increased protection to the miners, particularly in connection with hazards from trolley
wires, trolley feeder wires, and signal wires, the
splicing and use of trailing cables, and in connection with improvements in vulcanizing of
electric conductors, improvement in roof control measures, methane drainage in advance of
mining, improved methods of measuring methane and other explosive gases and oxygen concentrations, and the use of improved underground equipment and other sources of power for
such equipment.

TITLE 30—MINERAL LANDS AND MINING

§ 862

(Pub. L. 91–173, title III, § 301, Dec. 30, 1969, 83
Stat. 765; Pub. L. 95–164, title II, § 203, Nov. 9,
1977, 91 Stat. 1317.)
AMENDMENTS
1977—Subsec. (b). Pub. L. 95–164, § 203(a), substituted
‘‘The Secretary of the Interior in coordination with the
Secretary shall immediately initiate studies’’ for ‘‘The
Secretary shall immediately initiate studies’’.
Subsecs. (c), (d). Pub. L. 95–164, § 203(b), struck out
subsec. (c) which related to the modification of standards, and subsec. (d) which related to the applicability
of section 553 of title 5 in cases where the provisions of
sections 862 to 878 of this title had provided that certain actions, conditions, or requirements be carried out
as prescribed by the Secretary or the Secretary of
Health, Education, and Welfare.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.
EFFECTIVE DATE
Subchapter operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L.
91–173, set out as a note under section 801 of this title.

§ 862. Roof support
(a) Roof control plan; contents; review; availability
Each operator shall undertake to carry out on
a continuing basis a program to improve the
roof control system of each coal mine and the
means and measures to accomplish such system.
The roof and ribs of all active underground roadways, travelways, and working places shall be
supported or otherwise controlled adequately to
protect persons from falls of the roof or ribs. A
roof control plan and revisions thereof suitable
to the roof conditions and mining system of
each coal mine and approved by the Secretary
shall be adopted and set out in printed form
within sixty days after the operative date of this
subchapter. The plan shall show the type of support and spacing approved by the Secretary.
Such plan shall be reviewed periodically, at
least every six months by the Secretary, taking
into consideration any falls of roof or ribs or inadequacy of support of roof or ribs. No person
shall proceed beyond the last permanent support
unless adequate temporary support is provided
or unless such temporary support is not required
under the approved roof control plan and the absence of such support will not pose a hazard to
the miners. A copy of the plan shall be furnished
the Secretary or his authorized representative
and shall be available to the miners and their
representatives.
(b) Creation of dangers by roof falls
The method of mining followed in any coal
mine shall not expose the miner to unusual dangers from roof falls caused by excessive widths
of rooms and entries or faulty pillar recovery
methods.
(c) Location and supply of roof support material;
safety devices for roof work
The operator, in accordance with the approved
plan, shall provide at or near each working face

Page 150

and at such other locations in the coal mine as
the Secretary may prescribe an ample supply of
suitable materials of proper size with which to
secure the roof of all working places in a safe
manner. Safety posts, jacks, or other approved
devices shall be used to protect the workmen
when roof material is being taken down, crossbars are being installed, roof bolt- holes are
being drilled, roof bolts are being installed, and
in such other circumstances as may be appropriate. Loose roof and overhanging or loose
faces and ribs shall be taken down or supported.
Except in the case of recovery work, supports
knocked out shall be replaced promptly.
(d) Roof bolts
When installation of roof bolts is permitted,
such roof bolts shall be tested in accordance
with the approved roof control plan.
(e) Recovery of roof bolts
Roof bolts shall not be recovered where complete extractions of pillars are attempted, where
adjacent to clay veins, or at the locations of
other irregularities, whether natural or otherwise, that induce abnormal hazards. Where roof
bolt recovery is permitted, it shall be conducted
only in accordance with methods prescribed in
the approved roof control plan, and shall be conducted by experienced miners and only where
adequate temporary support is provided.
(f) Safety inspections; correction of dangerous
conditions
Where miners are exposed to danger from falls
of roof, face, and ribs the operator shall examine
and test the roof, face, and ribs before any work
or machine is started, and as frequently thereafter as may be necessary to insure safety. When
dangerous conditions are found, they shall be
corrected immediately.
(Pub. L. 91–173, title III, § 302, Dec. 30, 1969, 83
Stat. 766.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsec. (a), see section 509 of Pub. L. 91–173, set out
as an Effective Date note under section 801 of this title.

§ 863. Ventilation
(a) Equipment; approval; daily examinations
All coal mines shall be ventilated by mechanical ventilation equipment installed and operated
in a manner approved by an authorized representative of the Secretary and such equipment
shall be examined daily and a record shall be
kept of such examination.
(b) Standards for air in work areas
All active workings shall be ventilated by a
current of air containing not less than 19.5 volume per centum of oxygen, not more than 0.5
volume per centum of carbon dioxide, and no
harmful quantities of other noxious or poisonous gases; and the volume and velocity of the
current of air shall be sufficient to dilute,
render harmless, and to carry away, flammable,
explosive, noxious, and harmful gases, and dust,
and smoke and explosive fumes. The minimum
quantity of air reaching the last open crosscut
in any pair or set of developing entries and the
last open crosscut in any pair or set of rooms

Page 151

TITLE 30—MINERAL LANDS AND MINING

shall be nine thousand cubic feet a minute, and
the minimum quantity of air reaching the intake end of a pillar line shall be nine thousand
cubic feet a minute. The minimum quantity of
air in any coal mine reaching each working face
shall be three thousand cubic feet a minute.
Within three months after the operative date of
this subchapter, the Secretary shall prescribe
the minimum velocity and quantity of air reaching each working face of each coal mine in order
to render harmless and carry away methane and
other explosive gases and to reduce the level of
respirable dust to the lowest attainable level.
The authorized representative of the Secretary
may require in any coal mine a greater quantity
and velocity of air when he finds it necessary to
protect the health or safety of miners. Within
one year after the operative date of this subchapter, the Secretary or his authorized representative shall prescribe the maximum respirable dust level in the intake aircourses in
each coal mine in order to reduce such level to
the lowest attainable level. In robbing areas of
anthracite mines, where the air currents cannot
be controlled and measurements of the air cannot be obtained, the air shall have perceptible
movement.
(c) Line brattice; functions; exceptions; repairs;
flame resistant material
(1) Properly installed and adequately maintained line brattice or other approved devices
shall be continuously used from the last open
crosscut of an entry or room of each working
section to provide adequate ventilation to the
working faces for the miners and to remove
flammable, explosive, and noxious gases, dust,
and explosive fumes, unless the Secretary or his
authorized representative permits an exception
to this requirement, where such exception will
not pose a hazard to the miners. When damaged
by falls or otherwise, such line brattice or other
devices shall be repaired immediately.
(2) The space between the line brattice or
other approved device and the rib shall be large
enough to permit the flow of a sufficient volume
and velocity of air to keep the working face
clear of flammable, explosive, and noxious
gases, dust, and explosive fumes.
(3) Brattice cloth used underground shall be of
flame-resistant material.
(d) Pre-shift examinations and tests; scope; violations of mandatory standards; notification;
posting of ‘‘DANGER’’ signs; restriction of
entry; records; re-entry
(1) Within three hours immediately preceding
the beginning of any shift, and before any miner
in such shift enters the active workings of a coal
mine, certified persons designated by the operator of the mine shall examine such workings and
any other underground area of the mine designated by the Secretary or his authorized representative. Each such examiner shall examine
every working section in such workings and
shall make tests in each such working section
for accumulations of methane with means approved by the Secretary for detecting methane
and shall make tests for oxygen deficiency with
a permissible flame safety lamp or other means
approved by the Secretary; examine seals and
doors to determine whether they are functioning

§ 863

properly; examine and test the roof, face, and
rib conditions in such working section; examine
active roadways, travelways, and belt conveyors
on which men are carried, approaches to abandoned areas, and accessible falls in such section
for hazards; test by means of an anemometer or
other device approved by the Secretary to determine whether the air in each split is traveling in
its proper course and in normal volume and velocity; and examine for such other hazards and
violations of the mandatory health or safety
standards, as an authorized representative of the
Secretary may from time to time require. Belt
conveyors on which coal is carried shall be examined after each coal-producing shift has
begun. Such mine examiner shall place his initials and the date and time at all places he examines. If such mine examiner finds a condition
which constitutes a violation of a mandatory
health or safety standard or any condition
which is hazardous to persons who may enter or
be in such area, he shall indicate such hazardous
place
by
posting
a
‘‘DANGER’’
sign
conspiciously 1 at all points which persons entering such hazardous place would be required to
pass, and shall notify the operator of the mine.
No person, other than an authorized representative of the Secretary or a State mine inspector
or persons authorized by the operator to enter
such place for the purpose of eliminating the
hazardous condition therein, shall enter such
place while such sign is so posted. Upon completing his examination, such mine examiner
shall report the results of his examination to a
person, designated by the operator to receive
such reports at a designated station on the surface of the mine, before other persons enter the
underground areas of such mine to work in such
shift. Each such mine examiner shall also record
the results of his examination with ink or indelible pencil in a book approved by the Secretary
kept for such purpose in an area on the surface
of the mine chosen by the operator to minimize
the danger of destruction by fire or other hazard, and the record shall be open for inspection
by interested persons.
(2) No person (other than certified persons designated under this subsection) shall enter any
underground area, except during any shift, unless an examination of such area as prescribed in
this subsection has been made within eight
hours immediately preceding his entrance into
such area.
(e) Daily examinations and tests; scope; imminent danger; withdrawal of persons; abatement of danger
At least once during each coal-producing shift,
or more often if necessary for safety, each working section shall be examined for hazardous conditions by certified persons designated by the
operator to do so. Any such condition shall be
corrected immediately. If such condition creates
an imminent danger, the operator shall withdraw all persons from the area affected by such
condition to a safe area, except those persons referred to in section 814(d) of this title, until the
danger is abated. Such examination shall include tests for methane with a means approved
1 So

in original. Probably should be ‘‘conspicuously’’.

§ 863

TITLE 30—MINERAL LANDS AND MINING

by the Secretary for detecting methane and for
oxygen deficiency with a permissible flame safety lamp or other means approved by the Secretary.
(f) Weekly examination for hazardous conditions;
scope; notification; repairs; imminent danger; withdrawal of persons; abatement;
records
In addition to the pre-shift and daily examinations required by this section, examinations for
hazardous conditions, including tests for methane, and for compliance with the mandatory
health or safety standards, shall be made at
least once each week by a certified person designated by the operator in the return of each
split of air where it enters the main return, on
pillar falls, at seals, in the main return, at least
one entry of each intake and return aircourse in
its entirety, idle workings, and, insofar as safety
considerations permit, abandoned areas. Such
weekly examination need not be made during
any week in which the mine is idle for the entire
week, except that such examination shall be
made before any other miner returns to the
mine. The person making such examinations
and tests shall place his initials and the date
and time at the places examined, and if any hazardous condition is found, such condition shall
be reported to the operator promptly. Any hazardous condition shall be corrected immediately. If such condition creates an imminent
danger, the operator shall withdraw all persons
from the area affected by such condition to a
safe area, except those persons referred to in
section 814(d) of this title, until such danger is
abated. A record of these examinations, tests,
and actions taken shall be recorded in ink or indelible pencil in a book approved by the Secretary kept for such purpose in an area on the
surface of the mine chosen by the mine operator
to minimize the danger of destruction by fire or
other hazard, and the record shall be open for inspection by interested persons.
(g) Weekly ventilation examinations; scope;
records
At least once each week, a qualified person
shall measure the volume of air entering the
main intakes and leaving the main returns, the
volume passing through the last open crosscut
in any pair or set of developing entries and the
last open crosscut in any pair or set of rooms,
the volume and, when the Secretary so prescribes, the velocity reaching each working face,
the volume being delivered to the intake end of
each pillar line, and the volume at the intake
and return of each split of air. A record of such
measurements shall be recorded in ink or indelible pencil in a book approved by the Secretary
kept for such purpose in an area on the surface
of the coal mine chosen by the operator to minimize the danger of destruction by fire or other
hazard, and the record shall be open for inspection by interested persons.
(h) Methane examinations at working place;
periodic intervals; standards; procedures for
different air contents of methane
(1) At the start of each shift, tests for methane
shall be made at each working place immediately before electrically operated equipment is

Page 152

energized. Such tests shall be made by qualified
persons. If 1.0 volume per centum or more of
methane is detected, electrical equipment shall
not be energized, taken into, or operated in,
such working place until the air therein contains less than 1.0 volume per centum of methane. Examinations for methane shall be made
during the operation of such equipment at intervals of not more than twenty minutes during
each shift, unless more frequent examinations
are required by an authorized representative of
the Secretary. In conducting such tests, such
person shall use means approved by the Secretary for detecting methane.
(2) If at any time the air at any working place,
when tested at a point not less than twelve
inches from the roof, face, or rib, contains 1.0
volume per centum or more of methane, changes
or adjustments shall be made at once in the ventilation in such mine so that such air shall contain less than 1.0 volume per centum of methane. While such changes or adjustments are underway and until they have been achieved,
power to electric face equipment located in such
place shall be cut off, no other work shall be
permitted in such place, and due precautions
shall be carried out under the direction of the
operator or his agent so as not to endanger
other areas of the mine. If at any time such air
contains 1.5 volume per centum or more of
methane, all persons, except those referred to in
section 814(d) of this title, shall be withdrawn
from the area of the mine endangered thereby to
a safe area, and all electric power shall be cut
off from the endangered area of the mine, until
the air in such working place shall contain less
than 1.0 volume per centum of methane.
(i) Methane examination of air returning from
working section; periodic intervals; standards; procedures for different air contents;
virgin territory
(1) If, when tested, a split of air returning from
any working section contains 1.0 volume per
centum or more of methane, changes or adjustments shall be made at once in the ventilation
in the mine so that such returning air shall contain less than 1.0 volume per centum of methane. Tests under this paragraph and paragraph
(2) of this subsection shall be made at four-hour
intervals during each shift by a qualified person
designated by the operator of the mine. In making such tests, such person shall use means approved by the Secretary for detecting methane.
(2) If, when tested, a split of air returning from
any working section contains 1.5 volume per
centum or more of methane, all persons, except
those persons referred to in section 814(d) of this
title, shall be withdrawn from the area of the
mine endangered thereby to a safe area and all
electric power shall be cut off from the endangered area of the mine, until the air in such
split shall contain less than 1.0 volume per centum of methane.
(3) In virgin territory, if the quantity of air in
a split ventilating the active workings in such
territory equals or exceeds twice the minimum
volume of air prescribed in subsection (b) of this
section for the last open crosscut, if the air in
the split returning from such workings does not
pass over trolley wires or trolley feeder wires,

Page 153

TITLE 30—MINERAL LANDS AND MINING

and if a certified person designated by the operator is continually testing the methane content
of the air in such split during mining operations
in such workings, it shall be necessary to withdraw all persons, except those referred to in section 814(d) of this title, from the area of the
mine endangered thereby to a safe area and all
electric power shall be cut off from the endangered area only when the air returning from
such workings contains 2.0 volume per centum
or more of methane.
(j) Abandoned area air; pre-shift examination
Air which has passed by an opening of any
abandoned area shall not be used to ventilate
any working place in the coal mine if such air
contains 0.25 volume per centum or more of
methane. Examinations of such air shall be
made during the pre-shift examination required
by subsection (d) of this section. In making such
tests, a certified person designated by the operator shall use means approved by the Secretary
for detecting methane. For the purposes of this
subsection, an area within a panel shall not be
deemed to be abandoned until such panel is
abandoned.
(k) Abandoned area air; inaccessible or unsafe
for inspection; air from where pillars have
been removed
Air that has passed through an abandoned
area or an area which is inaccessible or unsafe
for inspection shall not be used to ventilate any
working place in any mine. No air which has
been used to ventilate an area from which the
pillars have been removed shall be used to ventilate any working place in a mine, except that
such air, if it does not contain 0.25 volume per
centum or more of methane, may be used to ventilate enough advancing working places immediately adjacent to the line of retreat to maintain an orderly sequence of pillar recovery on a
set of entries.
(l) Methane monitors; required equipment; maintenance; warnings; deenergizing of equipment
The Secretary or his authorized representative
shall require, as an additional device for detecting concentrations of methane, that a methane
monitor, approved as reliable by the Secretary
after the operative date of this subchapter, be
installed, when available, on any electric face
cutting equipment, continuous miner, longwall
face equipment, and loading machine, except
that no monitor shall be required to be installed
on any such equipment prior to the date on
which such equipment is required to be permissible under section 865(a) of this title. When installed on any such equipment, such monitor
shall be kept operative and properly maintained
and frequently tested as prescribed by the Secretary. The sensing device of such monitor shall
be installed as close to the working face as practicable. Such monitor shall be set to deenergize
automatically such equipment when such monitor is not operating properly and to give a
warning automatically when the concentration
of methane reaches a maximum percentage determined by an authorized representative of the
Secretary which shall not be more than 1.0 volume per centum of methane. An authorized rep-

§ 863

resentative of the Secretary shall require such
monitor to deenergize automatically equipment
on which it is installed when the concentration
of methane reaches a maximum percentage determined by such representative which shall not
be more than 2.0 volume per centum of methane.
(m) Idle area inspections; authorized inspectors
Idle and abandoned areas shall be inspected for
methane and for oxygen deficiency and other
dangerous conditions by a certified person with
means approved by the Secretary as soon as possible but not more than three hours before other
persons are permitted to enter or work in such
areas. Persons, such as pumpmen, who are required regularly to enter such areas in the performance of their duties, and who are trained
and qualified in the use of means approved by
the Secretary for detecting methane and in the
use of a permissible flame safety lamp or other
means approved by the Secretary for detecting
oxygen deficiency are authorized to make such
examinations for themselves, and each such person shall be properly equipped and shall make
such examinations upon entering any such area.
(n) Intentional roof falls; prior inspections; safeguards
Immediately before an intentional roof fall is
made, pillar workings shall be examined by a
qualified person designated by the operator to
ascertain whether methane is present. Such person shall use means approved by the Secretary
for detecting methane. If in such examination
methane is found in amounts of 1.0 volume per
centum or more, such roof fall shall not be made
until changes or adjustments are made in the
ventilation so that the air shall contain less
than 1.0 volume per centum of methane.
(o) Methane and dust control plans; contents
A ventilation system and methane and dust
control plan and revisions thereof suitable to
the conditions and the mining system of the
coal mine and approved by the Secretary shall
be adopted by the operator and set out in printed form within ninety days after the operative
date of this subchapter. The plan shall show the
type and location of mechanical ventilation
equipment installed and operated in the mine,
such additional or improved equipment as the
Secretary may require, the quantity and velocity of air reaching each working face, and such
other information as the Secretary may require.
Such plan shall be reviewed by the operator and
the Secretary at least every six months.
(p) Devices for detection of methane and oxygen
deficiency; maintenance
Each operator shall provide for the proper
maintenance and care of the permissible flame
safety lamp or any other approved device for detecting methane and oxygen deficiency by a person trained in such maintenance, and, before
each shift, care shall be taken to insure that
such lamp or other device is in a permissible
condition.
(q) Pillar recovery; areas without bleeder systems
Where areas are being pillared on the operative date of this subchapter without bleeder entries, or without bleeder systems or an equiva-

§ 863

TITLE 30—MINERAL LANDS AND MINING

lent means, pillar recovery may be completed in
the area, to the extent approved by an authorized representative of the Secretary, if the edges
of pillar lines adjacent to active workings are
ventilated with sufficient air to keep the air in
open areas along the pillar lines below 1.0 volume per centum of methane.
(r) Overcast and undercast intake air split requirements; time extension
Each mechanized mining section shall be ventilated with a separate split of intake air directed by overcasts, undercasts, or the equivalent, except an extension of time, not in excess
of nine months, may be permitted by the Secretary, under such conditions as he may prescribe, whenever he determines that this subsection cannot be complied with on the operative date of this subchapter.
(s) Blasting; prior and subsequent examinations
for methane
In all underground areas of a coal mine, immediately before firing each shot or group of multiple shots and after blasting is completed, examinations for methane shall be made by a
qualified person with means approved by the
Secretary for detecting methane. If methane is
found in amounts of 1.0 volume per centum or
more, changes or adjustments shall be made at
once in the ventilation so that the air shall contain less than 1.0 volume per centum of methane. No shots shall be fired until the air contains less than 1.0 volume per centum of methane.
(t) Mine fan stop plans; requisites
Each operator shall adopt a plan within sixty
days after the operative date of this subchapter
which shall provide that when any mine fan
stops, immediate action shall be taken by the
operator or his agent (1) to withdraw all persons
from the working sections, (2) to cut off the
power in the mine in a timely manner, (3) to
provide for restoration of power and resumption
of work if ventilation is restored within a reasonable period as set forth in the plan after the
working places and other active workings where
methane is likely to accumulate are reexamined
by a certified person to determine if methane in
amounts of 1.0 volume per centum or more exists therein, and (4) to provide for withdrawal of
all persons from the mine if ventilation cannot
be restored within such reasonable time. The
plan and revisions thereof approved by the Secretary shall be set out in printed form and a
copy shall be furnished to the Secretary or his
authorized representative.
(u) Modifications affecting main air current or
any split; withdrawal of personnel; removal
of power
Changes in ventilation which materially affect
the main air current or any split thereof and
which may affect the safety of persons in the
coal mine shall be made only when the mine is
idle. Only those persons engaged in making such
changes shall be permitted in the mine during
the change. Power shall be removed from the
areas affected by the change before work starts
to make the change and shall not be restored
until the effect of the change has been ascer-

Page 154

tained and the affected areas determined to be
safe by a certified person.
(v) Reading and countersigning of daily and
weekly reports; foreman; superintendent
The mine foreman shall read and countersign
promptly the daily reports of the pre-shift examiner and assistant mine foremen, and he shall
read and countersign promptly the weekly report covering the examinations for hazardous
conditions. Where such reports disclose hazardous conditions, they shall be corrected promptly. If such conditions create an imminent danger, the operator shall withdraw all persons
from, or prevent any person from entering, as
the case may be, the area affected by such conditions, except those persons referred to in section 814(d) of this title, until such danger is
abated. The mine superintendent or assistant
superintendent of the mine shall also read and
countersign the daily and weekly reports of such
persons.
(w) Daily mine condition reports; requisites; signatures
Each day, the mine foreman and each of his
assistants shall enter plainly and sign with ink
or indelible pencil in a book approved by the
Secretary provided for that purpose a report of
the condition of the mine or portion thereof
under his supervision, which report shall state
clearly the location and nature of any hazardous
condition observed by him or reported to him
during the day and what action was taken to
remedy such condition. Such book shall be kept
in an area on the surface of the mine chosen by
the operator to minimize the danger of destruction by fire or other hazard, and shall be open
for inspection by interested persons.
(x) Reopening of abandoned or declared inactive
mine; notification; inspection
Before a coal mine is reopened after having
been abandoned or declared inactive by the operator, the Secretary shall be notified, and an inspection shall be made of the entire mine by an
authorized representative of the Secretary before mining operations commence.
(y) Separation of intake and return aircourses
from belt haulage entries; standards
(1) In any coal mine opened after the operative
date of this subchapter, the entries used as intake and return aircourses shall be separated
from belt haulage entries, and each operator of
such mine shall limit the velocity of the air
coursed through belt haulage entries to the
amount necessary to provide an adequate supply
of oxygen in such entries, and to insure that the
air therein shall contain less than 1.0 volume
per centum of methane, and such air shall not be
used to ventilate active working places. Whenever an authorized representative of the Secretary finds, in the case of any coal mine opened
on or prior to the operative date of this subchapter which has been developed with more
than two entries, that the conditions in the entries, other than belt haulage entries, are such
as to permit adequately the coursing of intake
or return air through such entries, (1) the belt
haulage entries shall not be used to ventilate,
unless such entries are necessary to ventilate,

Page 155

TITLE 30—MINERAL LANDS AND MINING

active working places, and (2) when the belt
haulage entries are not necessary to ventilate
the active working places, the operator of such
mine shall limit the velocity of the air coursed
through the belt haulage entries to the amount
necessary to provide an adequate supply of oxygen in such entries, and to insure that the air
therein shall contain less than 1.0 volume per
centum of methane.
(2) In any coal mine opened on or after the operative date of this subchapter, or, in the case of
a coal mine opened prior to such date, in any
new working section of such mine, where trolley
haulage systems are maintained and where trolley wires or trolley feeder wires are installed, an
authorized representative of the Secretary shall
require a sufficient number of entries or rooms
as intake aircourses in order to limit, as prescribed by the Secretary, the velocity of air currents on such haulageways for the purpose of
minimizing the hazards associated with fires
and dust explosions in such haulageways.
(z) Pillar extractions; bleeder systems and sealing requirements; standards
(1) While pillars are being extracted in any
area of a coal mine, such area shall be ventilated in the manner prescribed by this section.
(2) Within nine months after the operative
date of this subchapter, all areas from which pillars have been wholly or partially extracted and
abandoned areas, as determined by the Secretary or his authorized representative, shall be
ventilated by bleeder entries or by bleeder systems or equivalent means, or be sealed, as determined by the Secretary or his authorized representative. When ventilation of such areas is
required, such ventilation shall be maintained
so as continuously to dilute, render harmless,
and carry away methane and other explosive
gases within such areas and to protect the active workings of the mine from the hazards of
such methane and other explosive gases. Air
coursed through underground areas from which
pillars have been wholly or partially extracted
which enters another split of air shall not contain more than 2.0 volume per centum of methane, when tested at the point it enters such
other split. When sealing is required, such seals
shall be made in an approved manner so as to
isolate with explosion-proof bulkheads such
areas from the active workings of the mine.
(3) In the case of mines opened on or after the
operative date of this subchapter, or in the case
of working sections opened on or after such date
in mines opened prior to such date, the mining
system shall be designed in accordance with a
plan and revisions thereof approved by the Secretary and adopted by such operator so that, as
each working section of the mine is abandoned,
it can be isolated from the active workings of
the mine with explosion-proof seals or bulkheads.
(Pub. L. 91–173, title III, § 303, Dec. 30, 1969, 83
Stat. 767.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsecs. (b), (l), (o), (q), (r), (t), (y), and (z)(2), (3), see
section 509 of Pub. L. 91–173, set out as an Effective
Date note under section 801 of this title.

§ 864

BELT HAULAGE ENTRIES FOR VENTILATION
Pub. L. 110–161, div. G, title I, § 112(a), Dec. 26, 2007, 121
Stat. 2168, provided that: ‘‘Not later than June 20, 2008,
the Secretary of Labor shall propose regulations pursuant to section 303(y) of the Federal Mine Safety and
Health Act of 1977 [30 U.S.C. 863(y)], consistent with the
recommendations of the Technical Study Panel established pursuant to section 11 of the Mine Improvement
and New Emergency Response (MINER) Act (Public
Law 109–236) [enacting section 963 of this title], to require that in any coal mine, regardless of the date on
which it was opened, belt haulage entries not be used
to ventilate active working places without prior approval from the Assistant Secretary. Further, a mine
ventilation plan incorporating the use of air coursed
through belt haulage entries to ventilate active working places shall not be approved until the Assistant
Secretary has reviewed the elements of the plan related
to the use of belt air and determined that the plan at
all times affords at least the same measure of protection where belt haulage entries are not used to ventilate working places. The Secretary shall finalize the
regulations not later than December 31, 2008.’’

§ 864. Combustible materials and rock dusting
(a) Accumulations; maintenance
Coal dust, including float coal dust deposited
on rock-dusted surfaces, loose coal, and other
combustible materials, shall be cleaned up and
not be permitted to accumulate in active workings, or on electric equipment therein.
(b) Abatement of hazards in active working
areas
Where underground mining operations in active workings create or raise excessive amounts
of dust, water or water with a wetting agent
added to it, or other no less effective methods
approved by the Secretary or his authorized representative, shall be used to abate such dust. In
working places, particularly in distances less
than forty feet from the face, water, with or
without a wetting agent, or other no less effective methods approved by the Secretary or his
authorized representative, shall be applied to
coal dust on the ribs, roof, and floor to reduce
dispersibility and to minimize the explosion hazard.
(c) Rock dusting of all areas of underground
mines; exceptions
All underground areas of a coal mine, except
those areas in which the dust is too wet or too
high in incombustible content to propagate an
explosion, shall be rock dusted to within forty
feet of all working faces, unless such areas are
inaccessible or unsafe to enter or unless the Secretary or his authorized representative permits
an exception upon his finding that such exception will not pose a hazard to the miners. All
crosscuts that are less than forty feet from a
working face shall also be rock dusted.
(d) Distribution of rock dust; places, quantities
Where rock dust is required to be applied, it
shall be distributed upon the top, floor, and
sides of all underground areas of a coal mine and
maintained in such quantities that the incombustible content of the combined coal dust, rock
dust, and other dust shall be not less than 65 per
centum, but the incombustible content in the
return aircourses shall be no less than 80 per
centum. Where methane is present in any ven-

§ 865

TITLE 30—MINERAL LANDS AND MINING

tilating current, the per centum of incombustible content of such combined dusts shall be increased 1.0 and 0.4 per centum for each 0.1 per
centum of methane where 65 and 80 per centum,
respectively, of incombustibles are required.
(e) Limitation of applicability
Subsections (b) through (d) of this section
shall not apply to underground anthracite
mines.
(Pub. L. 91–173, title III, § 304, Dec. 30, 1969, 83
Stat. 774.)
§ 865. Electrical equipment
(a) Allowable equipment; replacements; maintenance; permits for noncompliance; renewals;
limitations; list of electric face equipment;
survey of new and rebuilt equipment; publication of results
(1) Effective one year after the operative date
of this subchapter—
(A) all junction or distribution boxes used
for making multiple power connections inby
the last open crosscut shall be permissible;
(B) all handheld electric drills, blower and
exhaust fans, electric pumps, and such other
low horsepower electric face equipment as the
Secretary may designate within two months
after the operative date of this subchapter
which are taken into or used inby the last
open crosscut of any coal mine shall be permissible;
(C) all electric face equipment which is
taken into or used inby the last open crosscut
of any coal mine classified under any provision of law as gassy prior to the operative date
of this subchapter shall be permissible; and
(D) all other electric face equipment which
is taken into or used inby the last crosscut of
any coal mine, except a coal mine referred to
in paragraph (2) of this subsection, which has
not been classified under any provision of law
as a gassy mine prior to the operative date of
this subchapter shall be permissible.
(2) Effective four years after the operative
date of this subchapter, all electric face equipment, other than equipment referred to in paragraph (1)(B) of this subsection, which is taken
into or used inby the last open crosscut of any
coal mine which is operated entirely in coal
seams located above the watertable and which
has not been classified under any provision of
law as a gassy mine prior to the operative date
of this subchapter and in which one or more
openings were made prior to December 30, 1969,
shall be permissible, except that any operator of
such mine who is unable to comply with the provisions of this paragraph on such effective date
may file with the Panel an application for a permit for noncompliance ninety days prior to such
date. If the Panel determines, after notice to all
interested persons and an opportunity for a public hearing under section 804 of this title, that
such application satisfies the provisions of paragraph (10) of this subsection and that such operator, despite his diligent efforts, will be unable
to comply with such provisions, the Panel may
issue to such operator such a permit. Such permit shall entitle the permittee to an additional
extension of time to comply with the provisions

Page 156

of this paragraph of not to exceed twenty-four
months, as determined by the Panel, from such
effective date.
(3) The operator of each coal mine shall maintain in permissible condition all electric face
equipment required by this subsection to be permissible which is taken into or used inby the
last open crosscut of any such mine.
(4) Each operator of a coal mine shall, within
two months after the operative date of this subchapter, file with the Secretary a statement
listing all electric face equipment by type and
manufacturer being used by such operator in
connection with mining operations in such mine
as of the date of such filing, and stating whether
such equipment is permissible and maintained
in permissible condition or is nonpermissible on
such date of filing, and, if nonpermissible,
whether such nonpermissible equipment has
ever been rated as permissible, and such other
information as the Secretary may require.
(5) The Secretary shall promptly conduct a
survey as to the total availability of new or rebuilt permissible electric face equipment and replacement parts for such equipment and, within
six months after the operative date of this subchapter, publish the results of such survey.
(6) Any operator of a coal mine who is unable
to comply with the provisions of paragraph
(1)(D) of this subsection within one year after
the operative date of this subchapter may file
with the Panel an application for a permit for
noncompliance. If the Panel determines that
such application satisfies the provisions of paragraph (10) of this subsection, the Panel shall
issue to such operator a permit for noncompliance. Such permit shall entitle the permittee to
an extension of time to comply with such provisions of paragraph (1)(D) of not to exceed twelve
months, as determined by the Panel, from the
date that compliance with the provisions of
paragraph (1)(D) of this subsection is required.
(7) Any operator of a coal mine issued a permit
under paragraph (6) of this subsection who, ninety days prior to the termination of such permit,
or renewal thereof, determines that he will be
unable to comply with the provisions of paragraph (1)(D) of this subsection upon the expiration of such permit may file with the Panel an
application for renewal thereof. Upon receipt of
such application, the Panel, if it determines,
after notice to all interested persons and an opportunity for a public hearing under section 804
of this title, that such application satisfies the
provisions of paragraph (10) of this subsection
and that such operator, despite his diligent efforts, will be unable to comply with the provisions of paragraph (1)(D), may renew the permit
for a period not exceeding twelve months.
(8) Any permit or renewal thereof issued pursuant to this subsection shall entitle the permittee to use such nonpermissible electric face
equipment specified in the permit during the
term of such permit.
(9) Permits for noncompliance issued under
paragraphs (6) or (7) of this subsection shall, in
the aggregate, not extend the period of noncompliance more than forty-eight months after
December 30, 1969.
(10) Any application for a permit of noncompliance filed under this subsection shall contain a statement by the operator—

Page 157

TITLE 30—MINERAL LANDS AND MINING

(A) that he is unable to comply with paragraph (1)(D) or paragraph (2) of this subsection, as appropriate, within the time prescribed;
(B) listing the nonpermissible electric face
equipment being used by such operator in connection with mining operations in such mine
on the operative date of this subchapter and
the date of the application by type and manufacturer for which a noncompliance permit is
requested and whether such equipment had
ever been rated as permissible;
(C) setting forth the actions taken from and
after the operative date of this subchapter to
comply with paragraph (1)(D) or paragraph (2)
of this subsection, as appropriate, together
with a plan setting forth a schedule of compliance with said paragraphs for each such equipment referred to in such paragraphs and being
used by the operator in connection with mining operations in such mine with respect to
which such permit is requested and the means
and measures to be employed to achieve compliance; and
(D) including such other information as the
Panel may require.
(11) No permit for noncompliance shall be issued under this subsection for any nonpermissible electric face equipment, unless such equipment was being used by an operator in connection with the mining operations in a coal mine
on the operative date of this subchapter.
(12) Effective one year after the operative date
of this subchapter, all replacement equipment
acquired for use in any mine referred to in this
subsection shall be permissible and shall be
maintained in a permissible condition, and in
the event of any major overhaul of any item of
equipment in use one year from the operative
date of this subchapter such equipment shall be
put in, and thereafter maintained in, a permissible condition, unless, in the opinion of the Secretary, such equipment or necessary replacement parts are not available.
(b) Notification of permits
A copy of any permit granted under this section shall be mailed immediately to a representative of the miners of the mine to which it pertains, and to the public official or agency of the
State charged with administering State laws relating to coal mine health and safety in such
mine.
(c) Gassy mines; maintenance of equipment
Any coal mine which, prior to the operative
date of this subchapter, was classed gassy under
any provision of law and was required to use permissible electric face equipment and to maintain such equipment in a permissible condition
shall continue to use such equipment and to
maintain such equipment in such condition.
(d) Location of nonpermissible power connection
units
All power-connection points, except where permissible power connection units are used, outby
the last open crosscut shall be in intake air.
(e) Mine map; contents; modifications
The location and the electrical rating of all
stationary electric apparatus in connection with

§ 865

the mine electric system, including permanent
cables, switchgear, rectifying substations, transformers, permanent pumps and trolley wires and
trolley feeder wires, and settings of all directcurrent circuit breakers protecting underground
trolley circuits, shall be shown on a mine map.
Any changes made in a location, electric rating,
or setting shall be promptly shown on the map
when the change is made. Such map shall be
available to an authorized representative of the
Secretary and to the miners in such mine.
(f) Repairs; deenergizing of equipment; authorized personnel; locking out of disconnection
devices
All power circuits and electric equipment
shall be deenergized before work is done on such
circuits and equipment, except when necessary
for trouble shooting or testing. In addition, energized trolley wires may be repaired only by a
person trained to perform electrical work and to
maintain electrical equipment and the operator
of such mine shall require that such person wear
approved and tested insulated shoes and wireman’s gloves. No electrical work shall be performed on low-, medium-, or high-voltage distribution circuits or equipment, except by a
qualified person or by a person trained to perform electrical work and to maintain electrical
equipment under the direct supervision of a
qualified person. Disconnecting devices shall be
locked out and suitably tagged by the persons
who performed such work, except that, in cases
where locking out is not possible, such devices
shall be opened and suitably tagged by such persons. Locks or tags shall be removed only by the
persons who installed them or, if such persons
are unavailable, by persons authorized by the
operator or his agent.
(g) Periodic examinations; maintenance; records;
accessibility
All electric equipment shall be frequently examined, tested, and properly maintained by a
qualified person to assure safe operating conditions. When a potentially dangerous condition is
found on electric equipment, such equipment
shall be removed from service until such condition is corrected. A record of such examinations
shall be kept and made available to an authorized representative of the Secretary and to the
miners in such mine.
(h) Electrical conductors
All electric conductors shall be sufficient in
size and have adequate current-carrying capacity and be of such construction that a rise in
temperature resulting from normal operation
will not damage the insulating materials.
(i) Electrical connections
All electrical connections or splices in conductors shall be mechanically and electrically efficient, and suitable connectors shall be used. All
electrical connections or splices in insulated
wire shall be reinsulated at least to the same degree of protection as the remainder of the wire.
(j) Cables and wires; entry through metal frames
Cables shall enter metal frames of motors,
splice boxes, and electric compartments only
through proper fittings. When insulated wires
other than cables pass through metal frames the

§ 866

TITLE 30—MINERAL LANDS AND MINING

holes shall be substantially bushed with insulated bushings.
(k) Support of power wires
All power wires (except trailing cables on mobile equipment, specially designed cables conducting high-voltage power to underground rectifying equipment or transformers, or bare or insulated ground and return wires) shall be supported on well-insulated insulators and shall not
contact combustible material, roof, or ribs.
(l) Insulation of power wires; exceptions
Power wires and cables, except trolley wires,
trolley feeder wires, and bare signal wires, shall
be insulated adequately and fully protected.
(m) Circuit breakers; overload protection for
three-phase motors
Automatic circuit-breaking devices or fuses of
the correct type and capacity shall be installed
so as to protect all electric equipment and circuits against short circuit and overloads. Threephase motors on all electric equipment shall be
provided with overload protection that will deenergize all three phases in the event that any
phase is overloaded.
(n) Disconnecting switches for main power circuits; location and installation
In all main power circuits, disconnecting
switches shall be installed underground within
five hundred feet of the bottoms of shafts and
boreholes through which main power circuits
enter the underground area of the mine and
within five hundred feet of all other places
where main power circuits enter the underground area of the mine.
(o) Switches
All electric equipment shall be provided with
switches or other controls that are safely designed, constructed, and installed.
(p) Lightning arresters
Each ungrounded, exposed power conductor
that leads underground shall be equipped with
suitable lightning arresters of approved type
within one hundred feet of the point where the
circuit enters the mine. Lightning arresters
shall be connected to a low resistance grounding
medium on the surface which shall be separated
from neutral grounds by a distance of not less
than twenty-five feet.
(q) Nonapproved devices
No device for the purpose of lighting any coal
mine which has not been approved by the Secretary or his authorized representative shall be
permitted in such mine.
(r) Deenergizing of electric face equipment
An authorized representative of the Secretary
may require in any mine that electric face
equipment be provided with devices that will
permit the equipment to be deenergized quickly
in the event of an emergency.

Page 158

(c), see section 509 of Pub. L. 91–173, set out as an Effective Date note under section 801 of this title.

§ 866. Trailing cables

REFERENCES IN TEXT

(a) Requirements established for flame resistant
cables
Trailing cables used in coal mines shall meet
the requirements established by the Secretary
for flame-resistant cables.
(b) Circuit breakers; markings and visual observation of position of disconnection devices
Short-circuit protection for trailing cables
shall be provided by an automatic circuit breaker or other no less effective device approved by
the Secretary of adequate current-interrupting
capacity in each ungrounded conductor. Disconnecting devices used to disconnect power
from trailing cables shall be plainly marked and
identified and such devices shall be equipped or
designed in such a manner that it can be determined by visual observation that the power is
disconnected.
(c) Distribution center junctions; safety connections
When two or more trailing cables junction to
the same distribution center, means shall be
provided to assure against connecting a trailing
cable to the wrong size circuit breaker.
(d) Temporary splices; usable period; exceptions;
quality
One temporary splice may be made in any
trailing cable. Such trailing cable may only be
used for the next twenty-four hour period. No
temporary splice shall be made in a trailing
cable within twenty-five feet of the machine, except cable reel equipment. Temporary splices in
trailing cables shall be made in a workmanlike
manner and shall be mechanically strong and
well insulated. Trailing cables or hand cables
which have exposed wires or which have splices
that heat or spark under load shall not be used.
As used in this subsection, the term ‘‘splice’’
means the mechanical joining of one or more
conductors that have been severed.
(e) Permanent splices; quality
When permanent splices in trailing cables are
made, they shall be—
(1) mechanically strong with adequate electrical conductivity and flexibility;
(2) effectively insulated and sealed so as to
exclude moisture; and
(3) vulcanized or otherwise treated with suitable materials to provide flame-resistant
qualities and good bonding to the outer jacket.
(f) Clamping of cables
Trailing cables shall be clamped to machines
in a manner to protect the cables from damage
and to prevent strain on the electrical connections. Trailing cables shall be adequately protected to prevent damage by mobile equipment.
(g) Making and breaking of connections to junction boxes
Trailing cable and power cable connections to
junction boxes shall not be made or broken
under load.

For the operative date of this subchapter, referred to
in subsecs. (a)(1), (2), (4) to (6), (10)(B), (C), (11), (12), and

(Pub. L. 91–173, title III, § 306, Dec. 30, 1969, 83
Stat. 779.)

(Pub. L. 91–173, title III, § 305, Dec. 30, 1969, 83
Stat. 775.)

Page 159

TITLE 30—MINERAL LANDS AND MINING

§ 867. Grounding of equipment
(a) Metallic enclosed power conductors; metallic
frames and other equipment; methods
All metallic sheaths, armors, and conduits enclosing power conductors shall be electrically
continuous throughout and shall be grounded by
methods approved by an authorized representative of the Secretary. Metallic frames, casings,
and other enclosures of electric equipment that
can become ‘‘alive’’ through failure of insulation
or by contact with energized parts shall be
grounded by methods approved by an authorized
representative of the Secretary. Methods other
than grounding which provide no less effective
protection may be permitted by the Secretary
or his authorized representative.
(b) Frames of offtrack direct current machines;
enclosures of related detached components
The frames of all offtrack direct current machines and the enclosures of related detached
components shall be effectively grounded, or
otherwise maintained at no less safe voltages,
by methods approved by an authorized representative of the Secretary.
(c) Stationary high-voltage equipment powered
by underground delta systems
The frames of all stationary high-voltage
equipment receiving power from ungrounded
delta systems shall be grounded by methods approved by an authorized representative of the
Secretary.
(d) Repairs of high-voltage lines; exceptions
High-voltage lines, both on the surface and underground, shall be deenergized and grounded
before work is performed on them, except that
repairs may be permitted, in the case of energized surface high-voltage lines, if such repairs
are made by a qualified person in accordance
with procedures and safeguards, including, but
not limited to a requirement that the operator
of such mine provide, test, and maintain protective devices in making such repairs, to be prescribed by the Secretary prior to the operative
date of this subchapter.
(e) Deenergizing of underground power circuits
on idle days; exceptions
When not in use, power circuits underground
shall be deenergized on idle days and idle shifts,
except that rectifiers and transformers may remain energized.
(Pub. L. 91–173, title III, § 307, Dec. 30, 1969, 83
Stat. 780.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsec. (d), see section 509 of Pub. L. 91–173, set out
as an Effective Date note under section 801 of this title.

§ 868. Underground high-voltage distribution
(a)

Circuits entering underground areas of
mines; circuit breakers
High-voltage circuits entering the underground area of any coal mine shall be protected
by suitable circuit breakers of adequate interrupting capacity which are properly tested and
maintained as prescribed by the Secretary. Such
breakers shall be equipped with devices to pro-

§ 868

vide protection against under-voltage, grounded
phase, short circuit, and overcurrent.
(b) Circuits extending underground and supplying equipment; direct neutral grounds;
ground conductors for frames, exceptions; location of disconnection devices, exceptions
High-voltage circuits extending underground
and supplying portable, mobile, or stationary
high-voltage equipment shall contain either a
direct or derived neutral which shall be grounded through a suitable resistor at the source
transformers, and a grounding circuit, originating at the grounded side of the grounding resistor, shall extend along with the power conductors and serve as a grounding conductor for the
frames of all high-voltage equipment supplied
power from that circuit, except that the Secretary or his authorized representative may permit ungrounded high-voltage circuits to be extended underground to feed stationary electrical
equipment if such circuits are either steel armored or installed in grounded, rigid steel conduit throughout their entire length, and upon
his finding that such exception does not pose a
hazard to the miners. Within one hundred feet of
the point on the surface where high-voltage circuits enter the underground portion of the mine,
disconnecting devices shall be installed and so
equipped or designed in such a manner that it
can be determined by visual observation that
the power is disconnected, except that the Secretary or his authorized representative may permit such devices to be installed at a greater distance from such area of the mine if he determines, based on existing physical conditions,
that such installation will be more accessible at
a greater distance and will not pose any hazard
to the miners.
(c) Grounding resistors
The grounding resistor, where required, shall
be of the proper ohmic value to limit the voltage
drop in the grounding circuit external to the resistor to not more than 100 volts under fault
conditions. The grounding resistor shall be rated
for maximum fault current continuously and insulated from ground for a voltage equal to the
phase-to-phase voltage of the system.
(d) Inclusion of fail safe ground check circuits in
resistance grounded systems; operative functions; time extension
Six months after the operative date of this
subchapter, high-voltage, resistance grounded
systems shall include a fail safe ground check
circuit to monitor continuously the grounding
circuit to assure continuity and the fail safe
ground check circuit shall cause the circuit
breaker to open when either the ground or pilot
check wire is broken, or other no less effective
device approved by the Secretary or his authorized representative to assure such continuity,
except that an extension of time, not in excess
of twelve months, may be permitted by the Secretary on a mine-by-mine basis if he determines
that such equipment is not available.
(e) Underground cables used in resistance
grounded systems; metallic shields for power
conductors; standards; splices
(1) Underground high-voltage cables used in
resistance grounded systems shall be equipped

§ 869

TITLE 30—MINERAL LANDS AND MINING

with metallic shields around each power conductor, with one or more ground conductors having
a total cross-sectional area of not less than onehalf the power conductor, and with an insulated
internal or external conductor not smaller than
No. 8 (AWG) for the ground continuity check
circuit.
(2) All such cables shall be adequate for the intended current and voltage. Splices made in
such cables shall provide continuity of all components.
(f) Couplers for power circuits; guidelines for
construction
Couplers that are used with medium-voltage
or high-voltage power circuits shall be of the
three-phase type with a full metallic shell, except that the Secretary may permit, under such
guidelines as he may prescribe, no less effective
couplers constructed of materials other than
metal. Couplers shall be adequate for the voltage and current expected. All exposed metal on
the metallic couplers shall be grounded to the
ground conductor in the cable. The coupler shall
be constructed so that the ground check continuity conductor shall be broken first and the
ground conductors shall be broken last when the
coupler is being uncoupled.
(g) Connections of single-phase loads
Single-phase loads, such as transformer primaries, shall be connected phase to phase.
(h) Installation of underground transmission cables
All underground high-voltage transmission cables shall be installed only in regularly inspected air courses and haulageways, and shall
be covered, buried, or placed so as to afford protection against damage, guarded where men regularly work or pass under them unless they are
six and one-half feet or more above the floor or
rail, securely anchored, properly insulated, and
guarded at ends, and covered, insulated, or
placed to prevent contact with trolley wires and
other low-voltage circuits.
(i) Disconnection devices; location; visual observation of position of switch
Disconnecting devices shall be installed at the
beginning of branch lines in high-voltage circuits and equipped or designed in such a manner
that it can be determined by visual observation
that the circuit is deenergized when the switches are open.
(j) Circuit breakers and disconnection devices;
markings
Circuit breakers and disconnecting switches
underground shall be marked for identification.
(k) Splices in cables used as trailing cables; terminations and splices in other cables
In the case of high-voltage cables used as
trailing cables, temporary splices shall not be
used and all permanent splices shall be made in
accordance with section 866(e) of this title. Terminations and splices in all other high-voltage
cables shall be made in accordance with the
manufacturer’s specifications.
(l) Grounding of frames of underground equipment
Frames, supporting structures, and enclosures
of stationary, portable, or mobile underground

Page 160

high-voltage equipment and all high-voltage
equipment supplying power to such equipment
receiving power from resistance grounded systems shall be effectively grounded to the highvoltage ground.
(m) Moving of power centers, transformers, and
cables; deenergizing; exceptions; safety
guidelines; record of examinations
Power centers and portable transformers shall
be deenergized before they are moved from one
location to another, except that, when equipment powered by sources other than such centers or transformers is not available, the Secretary may permit such centers and transformers to be moved while energized, if he determines that another equivalent or greater hazard
may otherwise be created, and if they are moved
under the supervision of a qualified person, and
if such centers and transformers are examined
prior to such movement by such person and
found to be grounded by methods approved by an
authorized representative of the Secretary and
otherwise protected from hazards to the miner.
A record shall be kept of such examinations.
High-voltage cables, other than trailing cables,
shall not be moved or handled at any time while
energized, except that, when such centers and
transformers are moved while energized as permitted under this subsection, energized highvoltage cables attached to such centers and
transformers may be moved only by a qualified
person and the operator of such mine shall require that such person wear approved and tested
insulated wireman’s gloves.
(Pub. L. 91–173, title III, § 308, Dec. 30, 1969, 83
Stat. 780.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsec. (d), see section 509 of Pub. L. 91–173, set out
as an Effective Date note under section 801 of this title.

§ 869. Underground low- and medium-voltage alternating current circuits
(a) Circuits providing power for three-phase
equipment; circuit breakers
Low- and medium-voltage power circuits serving three-phase alternating current equipment
shall be protected by suitable circuit breakers of
adequate interrupting capacity which are properly tested and maintained as prescribed by the
Secretary. Such breakers shall be equipped with
devices to provide protection against under-voltage, grounded phase, short circuit, and over-current.
(b) Circuits used underground; direct neutral
grounds; ground conductors for frames; exceptions; grounding resistors
Low- and medium-voltage three-phase alternating-current circuits used underground shall
contain either a direct or derived neutral which
shall be grounded through a suitable resistor at
the power center, and a grounding circuit, originating at the grounded side of the grounding resistor, shall extend along with the power conductors and serve as a grounding conductor for
the frames of all the electrical equipment supplied power from that circuit, except that the
Secretary or his authorized representative may

Page 161

TITLE 30—MINERAL LANDS AND MINING

permit ungrounded low- and medium-voltage
circuits to be used underground to feed such stationary electrical equipment if such circuits are
either steel armored or installed in grounded
rigid steel conduit throughout their entire
length. The grounding resistor, where required,
shall be of the proper ohmic value to limit the
ground fault current to 25 amperes. The grounding resistor shall be rated for maximum fault
current continuously and insulated from ground
for a voltage equal to the phase-to-phase voltage
of the system.
(c) Inclusion of fail safe ground check circuits in
resistance ground systems; operative functions; time extension; couplers for power circuits; guidelines for construction
Six months after the operative date of this
subchapter, low- and medium-voltage resistance
grounded systems shall include a fail safe
ground check circuit to monitor continuously
the grounding circuit to assure continuity which
ground check circuit shall cause the circuit
breaker to open when either the ground or pilot
check wire is broken, or other no less effective
device approved by the Secretary or his authorized representative to assure such continuity,
except that an extension of time, not in excess
of twelve months, may be permitted by the Secretary on a mine-by-mine basis if he determines
that such equipment is not available. Cable couplers shall be constructed so that the ground
check continuity conductor shall be broken first
and the ground conductors shall be broken last
when the coupler is being uncoupled.
(d) Disconnecting devices installed in conjunction with circuit breakers; purpose; trailing
cables for mobile equipment; guidelines for
construction; time extension; splices
Disconnecting devices shall be installed in
conjunction with the circuit breaker to provide
visual evidence that the power is disconnected.
Trailing cables for mobile equipment shall contain one or more ground conductors having a
cross sectional area of not less than one-half the
power conductor, and, six months after the operative date of this subchapter, an insulated conductor for the ground continuity check circuit
or other no less effective device approved by the
Secretary or his authorized representative to assure such continuity, except that an extension
of time, not in excess of twelve months may be
permitted by the Secretary on a mine-by-mine
basis if he determines that such equipment is
not available. Splices made in the cables shall
provide continuity of all components.
(e) Connections of single phase loads
Single phase loads shall be connected phase to
phase.
(f) Circuit breakers; markings
Circuit breakers shall be marked for identification.
(g) Trailing cables for medium voltage circuits;
guidelines for construction
Trailing cables for medium voltage circuits
shall include grounding conductors, a ground
check conductor, and ground metallic shields
around each power conductor or a grounded metallic shield over the assembly, except that on

§ 871

equipment employing cable reels, cables without
shields may be used if the insulation is rated
2,000 volts or more.
(Pub. L. 91–173, title III, § 309, Dec. 30, 1969, 83
Stat. 782.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsecs. (c) and (d), see section 509 of Pub. L. 91–173,
set out as an Effective Date note under section 801 of
this title.

§ 870. Trolley wires and trolley feeder wires
(a) Intervals for cutoff switches
Trolley wires and trolley feeder wires shall be
provided with cutout switches at intervals of
not more than 2,000 feet and near the beginning
of all branch lines.
(b) Overcurrent protection devices
Trolley wires and trolley feeder wires shall be
provided with overcurrent protection.
(c) Location of wires
Trolley wires and trolley feeder wires, highvoltage cables and transformers shall not be located inby the last open crosscut and shall be
kept at least 150 feet from pillar workings.
(d) Adequate insulation and guard devices; promulgation of safety guidelines
Trolley wires, trolley feeder wires, and bare
signal wires shall be insulated adequately where
they pass through doors and stoppings, and
where they cross other power wires and cables.
Trolley wires and trolley feeder wires shall be
guarded adequately (1) at all points where men
are required to work or pass regularly under the
wires; (2) on both sides of all doors and stoppings; and (3) at man-trip stations. The Secretary or his authorized representatives shall
specify other conditions where trolley wires and
trolley feeder wires shall be adequately protected to prevent contact by any person, or shall
require the use of improved methods to prevent
such contact. Temporary guards shall be provided where trackmen and other persons work in
proximity to trolley wires and trolley feeder
wires.
(Pub. L. 91–173, title III, § 310, Dec. 30, 1969, 83
Stat. 783.)
§ 871. Fire protection
(a) Firefighting equipment; promulgation of minimum requirements for equipment; existing
requirements; examinations after blasting
Each coal mine shall be provided with suitable
firefighting equipment adapted for the size and
conditions of the mine. The Secretary shall establish minimum requirements for the type,
quality, and quantity of such equipment, and
the interpretations of the Secretary or the Director of the United States Bureau of Mines relating to such equipment in effect on the operative date of this subchapter shall continue in effect until modified or superseded by the Secretary. After every blasting operation, an examination shall be made to determine whether fires
have been started.

§ 872

TITLE 30—MINERAL LANDS AND MINING

(b) Underground storage areas for lubricating
oils and greases; construction; exceptions
Underground storage places for lubricating oil
and grease shall be of fireproof construction. Except for specially prepared materials approved
by the Secretary, lubricating oil and grease kept
in all underground areas in a coal mine shall be
in fireproof, closed metal containers or other no
less effective containers approved by the Secretary.
(c) Housing of underground structures, stations,
shops, and pumps; construction; ventilation
Underground transformer stations, batterycharging stations, substations, compressor stations, shops, and permanent pumps shall be
housed in fireproof structures or areas. Air currents used to ventilate structures or areas enclosing electrical installations shall be coursed
directly into the return. Other underground
structures installed in a coal mine as the Secretary may prescribe shall be of fireproof construction.
(d) Use of arc or flame in underground mines;
fireproof enclosures; operations outside fireproof enclosures; procedures; standards
All welding, cutting, or soldering with arc or
flame in all underground areas of a coal mine
shall, whenever practicable, be conducted in
fireproof enclosures. Welding, cutting or soldering with arc or flame in other than a fireproof
enclosure shall be done under the supervision of
a qualified person who shall make a diligent
search for fire during and after such operations
and shall, immediately before and during such
operations, continuously test for methane with
means approved by the Secretary for detecting
methane. Welding, cutting, or soldering shall
not be conducted in air that contains 1.0 volume
per centum or more of methane. Rock dust or
suitable fire extinguishers shall be immediately
available during such welding, cutting, or soldering.
(e) Installation of fire suppression devices on unattended underground equipment; flame-resistant hydraulic fluids
Within one year after the operative date of
this subchapter, fire suppression devices meeting specifications prescribed by the Secretary
shall be installed on unattended underground
equipment and suitable fire-resistant hydraulic
fluids approved by the Secretary shall be used in
the hydraulic systems of such equipment. Such
fluids shall be used in the hydraulic systems of
other underground equipment unless fire suppression devices meeting specifications prescribed by the Secretary are installed on such
equipment.
(f) Deluge-type water sprays at main and secondary drives
Deluge-type water sprays or foam generators
automatically actuated by rise in temperature,
or other no less effective means approved by the
Secretary of controlling fire, shall be installed
at main and secondary belt-conveyor drives.
Where sprays or foam generators are used they
shall supply a sufficient quantity of water or
foam to control fires.

Page 162

(g) Installation of slippage and sequence switches on belt conveyors; fire suppression devices on belt haulageways
Underground belt conveyors shall be equipped
with slippage and sequence switches. The Secretary shall, within sixty days after the operative date of this subchapter, require that devices
be installed on all such belts which will give a
warning automatically when a fire occurs on or
near such belt. The Secretary shall prescribe a
schedule for installing fire suppression devices
on belt haulageways.
(h) Flame-resistant conveyor belt
On and after the operative date of this subchapter, all conveyor belts acquired for use underground shall meet the requirements to be established by the Secretary for flame-resistant
conveyor belts.
(Pub. L. 91–173, title III, § 311, Dec. 30, 1969, 83
Stat. 783; Pub. L. 102–285, § 10(b), May 18, 1992, 106
Stat. 172.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
subsecs. (a), (e), (g), and (h), see section 509 of Pub. L.
91–173, set out as an Effective Date note under section
801 of this title.
CHANGE 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.

§ 872. Maps
(a) Fireproof repository; contents; certification
The operator of a coal mine shall have in a
fireproof repository located in an area on the
surface of the mine chosen by the mine operator
to minimize the danger of destruction by fire or
other hazard, an accurate and up-to-date map of
such mine drawn on scale. Such map shall show
the active workings, all pillared, worked out,
and abandoned areas, except as provided in this
section, entries and aircourses with the direction of airflow indicated by arrows, contour
lines of all elevations, elevations of all main and
cross or side entries, dip of the coalbed, escapeways, adjacent mine workings within one thousand feet, mines above or below, water pools
above, and either producing or abandoned oil
and gas wells located within five hundred feet of
such mine and any underground area of such
mine, and such other information as the Secretary may require. Such map shall identify
those areas of the mine which have been pillared, worked out, or abandoned which are inaccessible or cannot be entered safely and on
which no information is available. Such map
shall be made or certified by a registered engineer or a registered surveyor of the State in
which the mine is located. Such map shall be
kept up to date by temporary notations and
such map shall be revised and supplemented at
intervals prescribed by the Secretary on the
basis of a survey made or certified by such engineer or surveyor.

Page 163

TITLE 30—MINERAL LANDS AND MINING

(b) Availability for inspection; confidential copies
The coal mine map and any revision and supplement thereof shall be available for inspection
by the Secretary or his authorized representative, by coal mine inspectors of the State in
which the mine is located, by miners in the
mine and their representatives and by operators
of adjacent coal mines and by persons owning,
leasing, or residing on surface areas of such
mines or areas adjacent to such mines. The operator shall furnish to the Secretary or his authorized representative and to the Secretary of
Housing and Urban Development, upon request,
one or more copies of such map and any revision
and supplement thereof. Such map or revision
and supplement thereof shall be kept confidential and its contents shall not be divulged to any
other person, except to the extent necessary to
carry out the provisions of this chapter and in
connection with the functions and responsibilities of the Secretary of Housing and Urban Development.
(c) Notification of mine closures; filing of revised
and supplemental map; certification
Whenever an operator permanently closes or
abandons a coal mine, or temporarily closes a
coal mine for a period of more than ninety days,
he shall promptly notify the Secretary of such
closure. Within sixty days of the permanent closure or abandonment of the mine, or, when the
mine is temporarily closed, upon the expiration
of a period of ninety days from the date of closure, the operator shall file with the Secretary
a copy of the mine map revised and supplemented to the date of the closure. Such copy of
the mine map shall be certified by a registered
surveyor or registered engineer of the State in
which the mine is located and shall be available
for public inspection.
(Pub. L. 91–173, title III, § 312, Dec. 30, 1969, 83
Stat. 785.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.

§ 873. Blasting and explosives
(a) Limitations on storage and use of black powder and mudcaps
Black blasting powder shall not be stored or
used underground. Mudcaps (adobes) or other
unconfined shots shall not be fired underground.
(b) Storage of explosives and detonators; mudcaps in anthracite mines; restrictions; tests
Explosives and detonators shall be kept in separate containers until immediately before blasting. In underground anthracite mines, (1) mudcaps or other open, unconfined shake shots may
be fired, if restricted to battery starting when
methane or a fire hazard is not present, and if it
is otherwise impracticable to start the battery;
(2) open, unconfined shake shots in pitching
veins may be fired, when no methane or fire haz-

§ 873

ard is present, if the taking down of loose hanging coal by other means is too hazardous; and (3)
tests for methane shall be made immediately before such shots are fired and if 1.0 volume per
centum or more of methane is present, when
tested, such shot shall not be made until the
methane content is reduced below 1.0 volume per
centum.
(c) Permissible explosives, detonators, and devices; firing; stem boreholes; nonpermissible
explosives; compressed air blasting
Except as provided in this subsection, in all
underground areas of a coal mine only permissible explosives, electric detonators of proper
strength, and permissible blasting devices shall
be used and all explosives and blasting devices
shall be used in a permissible manner. Permissible explosives shall be fired only with permissible shot firing units. Only incombustible materials shall be used for stemming boreholes. The
Secretary may, under such safeguards as he may
prescribe, permit the firing of more than twenty
shots and allow the use of nonpermissible explosives in sinking shafts and slopes from the surface in rock. Nothing in this section shall prohibit the use of compressed air blasting.
(d) Container construction for carrying explosives or detonators in underground mines
Explosives or detonators carried anywhere underground in a coal mine by any person shall be
in containers constructed of nonconductive material, maintained in good condition, and kept
closed.
(e) Transportation of explosives or detonators in
underground mines
Explosives or detonators shall be transported
in special closed containers (1) in cars moved by
means of a locomotive or rope, (2) on belts, (3) in
shuttle cars, or (4) in equipment designed especially to transport such explosives or detonators.
(f) Storage of explosives and detonators in working sections of underground mines; containers; locations
When supplies of explosives and detonators for
use in one or more working sections are stored
underground, they shall be kept in section boxes
or magazines of substantial construction with
no metal exposed on the inside, located at least
twenty-five feet from roadways and power wires,
and in a dry, well rock-dusted location protected
from falls of roof, except in pitching beds, where
it is not possible to comply with the location requirement, such boxes shall be placed in niches
cut into the solid coal or rock.
(g) Location of explosive and detonator containers in working places of underground mines
Explosives and detonators stored in the working places shall be kept in separate closed containers which shall be located out of the line of
blast and not less than fifty feet from the working face and fifteen feet from any pipeline,
powerline, rail, or conveyor, except that, if kept
in niches in the rib, the distance from any pipeline, powerline, rail, or conveyor shall be at
least five feet. Such explosives and detonators,
when stored, shall be separated by a distance of
at least five feet.

§ 874

TITLE 30—MINERAL LANDS AND MINING

(Pub. L. 91–173, title III, § 313, Dec. 30, 1969, 83
Stat. 785.)
§ 874. Hoisting and mantrips
(a) Transporting of persons; required equipment
and capabilities; safety catches; daily examinations; operators
Every hoist used to transport persons at a coal
mine shall be equipped with overspeed,
overwind, and automatic stop controls. Every
hoist handling platforms, cages, or other devices
used to transport persons shall be equipped with
brakes capable of stopping the fully loaded platform, cage, or other device; with hoisting cable
adequately strong to sustain the fully loaded
platform, cage, or other device; and have a proper margin of safety. Cages, platforms, or other
devices which are used to transport persons in
shafts and slopes shall be equipped with safety
catches or other no less effective devices approved by the Secretary that act quickly and effectively in an emergency, and such catches
shall be tested at least once every two months.
Hoisting equipment, including automatic elevators, that is used to transport persons shall be
examined daily. Where persons are transported
into, or out of, a coal mine by hoists, a qualified
hoisting engineer shall be on duty while any
person is underground, except that no such engineer shall be required for automatically operated cages, platforms, or elevators.
(b) Promulgation of other safeguards
Other safeguards adequate, in the judgment of
an authorized representative of the Secretary,
to minimize hazards with respect to transportation of men and materials shall be provided.
(c) Rated capacities; indicator for position of
cage
Hoists shall have rated capacities consistent
with the loads handled and the recommended
safety factors of the ropes used. An accurate and
reliable indicator of the position of the cage,
platform, skip, bucket, or cars shall be provided.
(d) Methods for signaling between shaft stations
and hoist rooms
There shall be at least two effective methods
approved by the Secretary of signaling between
each of the shaft stations and the hoist room,
one of which shall be a telephone or speaking
tube.
(e) Braking equipment for haulage cars used in
underground mines
Each locomotive and haulage car used in an
underground coal mine shall be equipped with
automatic brakes, where space permits. Where
space does not permit automatic brakes, locomotives and haulage cars shall be subject to
speed reduction gear, or other similar devices
approved by the Secretary which are designed to
stop the locomotives and haulage cars with the
proper margin of safety.
(f) Automatic couplers for haulage equipment
All haulage equipment acquired by an operator of a coal mine on or after one year after the
operative date of this subchapter shall be
equipped with automatic couplers which couple
by impact and uncouple without the necessity of

Page 164

persons going between the ends of such equipment. All haulage equipment without automatic
couplers in use in a mine on the operative date
of this subchapter shall also be so equipped
within four years after the operative date of this
subchapter.
(Pub. L. 91–173, title III, § 314, Dec. 30, 1969, 83
Stat. 786.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsec. (f), see section 509 of Pub. L. 91–173, set out
as an Effective Date note under section 801 of this title.

§ 875. Emergency shelters; construction; contents; implementation plans
The Secretary or an authorized representative
of the Secretary may prescribe in any coal mine
that rescue chambers, properly sealed and ventilated, be erected at suitable locations in the
mine to which persons may go in case of an
emergency for protection against hazards. Such
chambers shall be properly equipped with first
aid materials, an adequate supply of air and selfcontained breathing equipment, an independent
communication system to the surface, and proper accommodations for the persons while awaiting rescue, and such other equipment as the Secretary may require. A plan for the erection,
maintenance, and revisions of such chambers
and the training of the miners in their proper
use shall be submitted by the operator to the
Secretary for his approval.
(Pub. L. 91–173, title III, § 315, Dec. 30, 1969, 83
Stat. 787.)
REGULATIONS
Pub. L. 110–161, div. G, title I, § 112(b), Dec. 26, 2007, 121
Stat. 2168, provided that: ‘‘Not later than June 15, 2008,
the Secretary of Labor shall propose regulations pursuant to section 315 of the Federal Coal Mine Health and
Safety Act of 1969 [30 U.S.C. 875], consistent with the
recommendations of the National Institute for Occupational Safety and Health pursuant to section 13 of the
MINER Act (Public Law 109–236) [120 Stat. 504], requiring rescue chambers, or facilities that afford at least
the same measure of protection, in underground coal
mines. The Secretary shall finalize the regulations not
later than December 31, 2008.’’

§ 876. Communication facilities; locations and
emergency response plans
(a) In general
Telephone service or equivalent two-way communication facilities, approved by the Secretary
or his authorized representative, shall be provided between the surface and each landing of
main shafts and slopes and between the surface
and each working section of any coal mine that
is more than one hundred feet from a portal.
(b) Accident preparedness and response
(1) In general
Each underground coal mine operator shall
carry out on a continuing basis a program to
improve accident preparedness and response at
each mine.
(2) Response and preparedness plan
(A) In general
Not later than 60 days after June 15, 2006,
each underground coal mine operator shall

Page 165

TITLE 30—MINERAL LANDS AND MINING

develop and adopt a written accident response plan that complies with this subsection with respect to each mine of the operator, and periodically update such plans to
reflect changes in operations in the mine,
advances in technology, or other relevant
considerations. Each such operator shall
make the accident response plan available to
the miners and the miners’ representatives.
(B) Plan requirements
An accident response plan under subparagraph (A) shall—
(i) provide for the evacuation of all individuals endangered by an emergency; and
(ii) provide for the maintenance of individuals trapped underground in the event
that miners are not able to evacuate the
mine.
(C) Plan approval
The accident response plan under subparagraph (A) shall be subject to review and approval by the Secretary. In determining
whether to approve a particular plan the
Secretary shall take into consideration all
comments submitted by miners or their representatives. Approved plans shall—
(i) afford miners a level of safety protection at least consistent with the existing
standards, including standards mandated
by law and regulation;
(ii) reflect the most recent credible scientific research;
(iii) be technologically feasible, make
use of current commercially available
technology, and account for the specific
physical characteristics of the mine; and
(iv) reflect the improvements in mine
safety gained from experience under this
chapter and other worker safety and
health laws.
(D) Plan review
The accident response plan under subparagraph (A) shall be reviewed periodically, but
at least every 6 months, by the Secretary. In
such periodic reviews, the Secretary shall
consider all comments submitted by miners
or miners’ representatives and intervening
advancements in science and technology
that could be implemented to enhance miners’ ability to evacuate or otherwise survive
in an emergency.
(E) Plan content-general requirements
To be approved under subparagraph (C), an
accident response plan shall include the following:
(i) Post-accident communications
The plan shall provide for a redundant
means of communication with the surface
for persons underground, such as secondary telephone or equivalent two-way communication.
(ii) Post-accident tracking
Consistent with commercially available
technology and with the physical constraints, if any, of the mine, the plan shall
provide for above ground personnel to determine the current, or immediately pre-

§ 876

accident, location of all underground personnel. Any system so utilized shall be
functional, reliable, and calculated to remain serviceable in a post-accident setting.
(iii) Post-accident breathable air
The plan shall provide for—
(I) emergency supplies of breathable
air for individuals trapped underground
sufficient to maintain such individuals
for a sustained period of time;
(II) in addition to the 2 hours of
breathable air per miner required by law
under the emergency temporary standard as of the day before June 15, 2006,
caches of self-rescuers providing in the
aggregate not less than 2 hours per
miner to be kept in escapeways from the
deepest work area to the surface at a distance of no further than an average
miner could walk in 30 minutes;
(III) a maintenance schedule for checking the reliability of self rescuers, retiring older self-rescuers first, and introducing new self-rescuer technology, such
as units with interchangeable air or oxygen cylinders not requiring doffing to replenish airflow and units with supplies of
greater than 60 minutes, as they are approved by the Administration and become available on the market; and
(IV) training for each miner in proper
procedures for donning self-rescuers,
switching from one unit to another, and
ensuring a proper fit.
(iv) Post-accident lifelines
The plan shall provide for the use of
flame-resistant directional lifelines or
equivalent systems in escapeways to enable evacuation. The flame-resistance requirement of this clause shall apply upon
the replacement of existing lifelines, or, in
the case of lifelines in working sections,
upon the earlier of the replacement of such
lifelines or 3 years after June 15, 2006.
(v) Training
The plan shall provide a training program for emergency procedures described
in the plan which will not diminish the requirements for mandatory health and safety training currently required under section 825 of this title.
(vi) Local coordination
The plan shall set out procedures for coordination and communication between
the operator, mine rescue teams, and local
emergency response personnel and make
provisions for familiarizing local rescue
personnel with surface functions that may
be required in the course of mine rescue
work.
(F) Plan content-specific requirements
(i) In general
In addition to the content requirements
contained in subparagraph (E), and subject
to the considerations contained in subparagraph (C), the Secretary may make

§ 877

TITLE 30—MINERAL LANDS AND MINING

additional plan requirements with respect
to any of the content matters.
(ii) Post accident communications
Not later than 3 years after June 15, 2006,
a plan shall, to be approved, provide for
post accident communication between underground and surface personnel via a
wireless two-way medium, and provide for
an electronic tracking system permitting
surface personnel to determine the location of any persons trapped underground
or set forth within the plan the reasons
such provisions can not be adopted. Where
such plan sets forth the reasons such provisions can not be adopted, the plan shall
also set forth the operator’s alternative
means of compliance. Such alternative
shall approximate, as closely as possible,
the degree of functional utility and safety
protection provided by the wireless twoway medium and tracking system referred
to in this subpart.1
(G) Plan dispute resolution
(i) In general
Any dispute between the Secretary and
an operator with respect to the content of
the operator’s plan or any refusal by the
Secretary to approve such a plan shall be
resolved on an expedited basis.
(ii) Disputes
In the event of a dispute or refusal described in clause (i), the Secretary shall
issue a citation which shall be immediately referred to a Commission Administrative Law Judge. The Secretary and the
operator shall submit all relevant material
regarding the dispute to the Administrative Law Judge within 15 days of the date
of the referral. The Administrative Law
Judge shall render his or her decision with
respect to the plan content dispute within
15 days of the receipt of the submission.
(iii) Further appeals
A party adversely affected by a decision
under clause (ii) may pursue all further
available appeal rights with respect to the
citation involved, except that inclusion of
the disputed provision in the plan will not
be limited by such appeal unless such relief is requested by the operator and permitted by the Administrative Law Judge.
(H) Maintaining protections for miners
Notwithstanding any other provision of
this chapter, nothing in this section, and no
response and preparedness plan developed
under this section, shall be approved if it reduces the protection afforded miners by an
existing mandatory health or safety standard.
(Pub. L. 91–173, title III, § 316, Dec. 30, 1969, 83
Stat. 787; Pub. L. 109–236, § 2, June 15, 2006, 120
Stat. 493.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b)(2)(C)(iv), (H),
was in the original ‘‘this Act’’, meaning Pub. L. 91–173,
1 So

in original. Probably should be ‘‘subparagraph’’.

Page 166

Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine
Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 801 of this title and Tables.
AMENDMENTS
2006—Pub. L. 109–236 inserted ‘‘and emergency response plans’’ after ‘‘locations’’ in section catchline,
designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).

§ 877. General safety provisions
(a) Location of oil and gas wells; establishment
and maintenance of barriers; minimum requisites; exceptions
Each operator of a coal mine shall take reasonable measures to locate oil and gas wells penetrating coalbeds or any underground area of a
coal mine. When located, such operator shall establish and maintain barriers around such oil
and gas wells in accordance with State laws and
regulations, except that such barriers shall not
be less than three hundred feet in diameter, unless the Secretary or his authorized representative permits a lesser barrier consistent with the
applicable State laws and regulations where
such lesser barrier will be adequate to protect
against hazards from such wells to the miners in
such mine, or unless the Secretary or his authorized representative requires a greater barrier where the depth of the mine, other geologic
conditions, or other factors warrant such a
greater barrier.
(b) Boreholes in advance of work face; distance
in advance of work face; distance between
boreholes
Whenever any working place approaches within fifty feet of abandoned areas in the mine as
shown by surveys made and certified by a registered engineer or surveyor, or within two hundred feet of any other abandoned areas of the
mine which cannot be inspected and which may
contain dangerous accumulations of water or
gas, or within two hundred feet of any workings
of an adjacent mine, a borehole or boreholes
shall be drilled to a distance of at least twenty
feet in advance of the working face of such
working place and shall be continually maintained to a distance of at least ten feet in advance of the advancing working face. When
there is more than one borehole, they shall be
drilled sufficiently close to each other to insure
that the advancing working face will not accidentally hole through into abandoned areas or
adjacent mines. Boreholes shall also be drilled
not more than eight feet apart in the rib of such
working place to a distance of at least twenty
feet and at an angle of forty-five degrees. Such
rib holes shall be drilled in one or both ribs of
such working place as may be necessary for adequate protection of miners in such place.
(c) Prohibition against smoking; implementation
programs
No person shall smoke, carry smoking materials, matches, or lighters underground, or
smoke in or around oil houses, explosives magazines, or other surface areas where such practice
may cause a fire or explosion. The operator shall
institute a program, approved by the Secretary,

Page 167

TITLE 30—MINERAL LANDS AND MINING

to insure that any person entering the underground area of the mine does not carry smoking
materials, matches, or lighters.
(d) Portable electric lamps; exceptions
Persons underground shall use only permissible electric lamps approved by the Secretary
for portable illumination. No open flame shall
be permitted in the underground area of any
coal mine, except as permitted under section
871(d) of this title.
(e) Promulgation of lighting standards
Within nine months after the operative date of
this subchapter, the Secretary shall propose the
standards under which all working places in a
mine shall be illuminated by permissible lighting, within eighteen months after the promulgation of such standards, while persons are working in such places.
(f) Escapeways; ventilation; maintenance; tests of
passageways; protection of entrance; connection between mine openings
(1) Except as provided in paragraphs (2) and (3)
of this subsection, at least two separate and distinct travelable passageways which are maintained to insure passage at all times of any person, including disabled persons, and which are to
be designated as escapeways, at least one of
which is ventilated with intake air, shall be provided from each working section continuous to
the surface escape drift opening, or continuous
to the escape shaft or slope facilities to the surface, as appropriate, and shall be maintained in
safe condition and properly marked. Mine openings shall be adequately protected to prevent
the entrance into the underground area of the
mine of surface fires, fumes, smoke, and flood
water. Escape facilities approved by the Secretary or his authorized representative, properly
maintained and frequently tested, shall be
present at or in each escape shaft or slope to
allow all persons, including disabled persons, to
escape quickly to the surface in the event of an
emergency.
(2) When new coal mines are opened, not more
than twenty miners shall be allowed at any one
time in any mine until a connection has been
made between the two mine openings, and such
connections shall be made as soon as possible.
(3) When only one mine opening is available,
owing to final mining of pillars, not more than
twenty miners shall be allowed in such mine at
any one time, and the distance between the
mine opening and working face shall not exceed
five hundred feet.
(4) In the case of all coal mines opened on or
after the operative date of this subchapter, and
in the case of all new working sections opened
on or after such date in mines opened prior to
such date, the escapeway required by this section to be ventilated with intake air shall be
separated from the belt and trolley haulage entries of the mine for the entire length of such
entries to the beginning of each working section, except that the Secretary or his authorized
representative may permit such separation to be
extended for a greater or lesser distance so long
as such extension does not pose a hazard to the
miners.

§ 877

(g) Erection of fireproof structures; prior existing structures; fire doors; monthly tests;
records; availability
After the operative date of this subchapter, all
structures erected on the surface within one
hundred feet of any mine opening shall be of
fireproof construction. Unless structures existing on or prior to such date which are located
within one hundred feet of any mine opening are
of such construction, fire doors shall be erected
at effective points in mine openings to prevent
smoke or fire from outside sources endangering
miners underground. These doors shall be tested
at least monthly to insure effective operation. A
record of such tests shall be kept in an area on
the surface of the mine chosen by the operator
to minimize the danger of destruction by fire or
other hazard and shall be available for inspection by interested persons.
(h) Prevention of accumulations of coal dust and
methane gas; surface coal-handling facilities;
air-intake openings
Adequate measures shall be taken to prevent
methane and coal dust from accumulating in excessive concentrations in or on surface coal-handling facilities, but in no event shall methane be
permitted to accumulate in concentrations in or
on surface coal-handling facilities in excess of
limits established for methane by the Secretary
within one year after the operative date of this
subchapter. Where coal is dumped at or near airintake openings, provisions shall be made to
avoid dust from entering the mine.
(i) Training programs
Every operator of a coal mine shall provide a
program, approved by the Secretary, of training
and retraining of both qualified and certified
persons needed to carry out functions prescribed
in this chapter.
(j) Electric face equipment; installation of canopies
An authorized representative of the Secretary
may require in any coal mine where the height
of the coalbed permits that electric face equipment, including shuttle cars, be provided with
substantially constructed canopies or cabs to
protect the miners operating such equipment
from roof falls and from rib and face rolls.
(k) Mine entrances; sealing; prevention of entry
by unauthorized personnel
On and after the operative date of this subchapter, the opening of any coal mine that is declared inactive by its operator or is permanently
closed or abandoned for more than ninety days,
shall be sealed by the operator in a manner prescribed by the Secretary. Openings of all other
mines shall be adequately protected in a manner
prescribed by the Secretary to prevent entrance
by unauthorized persons.
(l) Facilities for changing and storing clothes;
toilet and bathing facilities
The Secretary may require any operator to
provide adequate facilities for the miners to
change from the clothes worn underground, to
provide for the storing of such clothes from shift
to shift, and to provide sanitary and bathing facilities. Sanitary toilet facilities shall be pro-

§ 878

TITLE 30—MINERAL LANDS AND MINING

vided in the active workings of the mine when
such surface facilities are not readily accessible
to the active workings.
(m) Emergency medical assistance preparations;
locations for medical equipment; filing of implementation plans
Each operator shall make arrangements in advance for obtaining emergency medical assistance and transportation for injured persons.
Emergency communications shall be provided to
the nearest point of assistance. Selected agents
of the operator shall be trained in first aid and
first aid training shall be made available to all
miners. Each coal mine shall have an adequate
supply of first aid equipment located on the surface, at the bottom of shafts and slopes, and at
other strategic locations near the working faces.
In fulfilling each of the requirements of this
subsection, the operator shall meet at least minimum requirements prescribed by the Secretary
of Health and Human Services. Within two
months after the operative date of this subchapter, each operator shall file with the Secretary a plan setting forth in such detail as the
Secretary may require the manner in which
such operator has fulfilled the requirements in
this subsection.
(n) Self-rescue device; training of personnel
A self-rescue device approved by the Secretary
shall be made available to each miner by the operator which shall be adequate to protect such
miner for one hour or longer. Each operator
shall train each miner in the use of such device.
(o) Methods of eliminating oxygen deficiencies
The Secretary shall prescribe improved methods of assuring that miners are not exposed to
atmospheres that are deficient in oxygen.
(p) Identification check system; records
Each operator of a coal mine shall establish a
check-in and check-out system which will provide positive identification of every person underground, and will provide an accurate record
of the persons in the mine kept on the surface in
a place chosen to minimize the danger of destruction by fire or other hazard. Such record
shall bear a number identical to an identification check that is securely fastened to the lamp
belt worn by the person underground. The identification check shall be made of a rust resistant
metal of not less than sixteen gauge.
(q) Installation of devices to prevent and suppress ignition on electric cutting face equipment
The Secretary shall require, when technologically feasible, that devices to prevent and
suppress ignitions be installed on electric face
cutting equipment.
(r) Tunnelling under water; permits; contents;
necessity; safety zones; restrictions
Whenever an operator mines coal from a coal
mine opened after the operative date of this subchapter, or from any new working section of a
mine opened prior to such date, in a manner
that requires the construction, operation, and
maintenance of tunnels under any river, stream,
lake, or other body of water, that is, in the judgment of the Secretary, sufficiently large to con-

Page 168

stitute a hazard to miners, such operator shall
obtain a permit from the Secretary which shall
include such terms and conditions as he deems
appropriate to protect the safety of miners
working or passing through such tunnels from
cave-ins and other hazards. Such permits shall
require, in accordance with a plan to be approved by the Secretary, that a safety zone be
established beneath and adjacent to such body
of water. No plan shall be approved unless there
is a minimum of cover to be determined by the
Secretary, based on test holes drilled by the operator in a manner to be prescribed by the Secretary. No such permit shall be required in the
case of any new working section of a mine which
is located under any water resource reservoir
being constructed by a Federal agency on December 30, 1969, the operator of which is required
by such agency to operate in a manner that adequately protects the safety of miners working in
such section from cave-ins and other hazards.
(s) Drinking water
An adequate supply of potable water shall be
provided for drinking purposes in the active
workings of the mine, and such water shall be
carried, stored, and otherwise protected in sanitary containers.
(t) Standards for prevention of explosions from
nonmethane gases and for testing for accumulations
Within one year after the operative date of
this subchapter, the Secretary shall propose
standards for preventing explosions from explosive gases other than methane and for testing
for accumulations of such gases.
(Pub. L. 91–173, title III, § 317, Dec. 30, 1969, 83
Stat. 787; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
REFERENCES IN TEXT
For the operative date of this subchapter, referred to
in subsecs. (e), (f)(4), (g), (h), (k), (m), (r), and (t), see
section 509 of Pub. L. 91–173, set out as an Effective
Date note under section 801 of this title.
This chapter, referred to in subsec. (i), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (m) pursuant to section 509(b) of Pub.
L. 96–88 which is classified to section 3508(b) of Title 20,
Education.

§ 878. Definitions
For the purpose of this subchapter and subchapter II of this chapter, the term—
(a) ‘‘certified’’ or ‘‘registered’’ as applied to
any person means a person certified or registered by the State in which the coal mine is
located to perform duties prescribed by such
subchapters, except that, in a State where no
program of certification or registration is provided or where the program does not meet at
least minimum Federal standards established
by the Secretary, such certification or registration shall be by the Secretary;

Page 169

TITLE 30—MINERAL LANDS AND MINING

(b) ‘‘qualified person’’ means, as the context
requires,
(1) an individual deemed qualified by the
Secretary and designated by the operator to
make tests and examinations required by
this chapter; and
(2) an individual deemed, in accordance
with minimum requirements to be established by the Secretary, qualified by training, education, and experience, to perform
electrical work, to maintain electrical
equipment, and to conduct examinations and
tests of all electrical equipment;
(c) ‘‘permissible’’ as applied to—
(1) equipment used in the operation of a
coal mine, means equipment, other than permissible electric face equipment, to which
an approval plate, label, or other device is
attached as authorized by the Secretary and
which meets specifications which are prescribed by the Secretary for the construction and maintenance of such equipment and
are designed to assure that such equipment
will not cause a mine explosion or a mine
fire,
(2) explosives, shot firing units, or blasting
devices used in such mine, means explosives,
shot firing units, or blasting devices which
meet specifications which are prescribed by
the Secretary, and
(3) the manner of use of equipment or explosives, shot firing units, and blasting devices, means the manner of use prescribed by
the Secretary;
(d) ‘‘rock dust’’ means pulverized limestone,
dolomite, gypsum, anhydrite, shale, adobe, or
other inert material, preferably light colored,
100 per centum of which will pass through a
sieve having twenty meshes per linear inch
and 70 per centum or more of which will pass
through a sieve having two hundred meshes
per linear inch; the particles of which when
wetted and dried will not cohere to form a
cake which will not be dispersed into separate
particles by a light blast of air; and which does
not contain more than 5 per centum of combustible matter or more than a total of 4 per
centum of free and combined silica (SiO2), or,
where the Secretary finds that such silica concentrations are not available, which does not
contain more than 5 per centum of free and
combined silica;
(e) ‘‘anthracite’’ means coals with a volatile
ratio equal to 0.12 or less;
(f) ‘‘volatile ratio’’ means volatile matter
content divided by the volatile matter plus
the fixed carbon;
(g)(1) ‘‘working face’’ means any place in a
coal mine in which work of extracting coal
from its natural deposit in the earth is performed during the mining cycle,
(2) ‘‘working place’’ means the area of a coal
mine inby the last open crosscut,
(3) ‘‘working section’’ means all areas of the
coal mine from the loading point of the section to and including the working faces,
(4) ‘‘active workings’’ means any place in a
coal mine where miners are normally required
to work or travel;
(h) ‘‘abandoned areas’’ means sections, panels, and other areas that are not ventilated

§ 878

and examined in the manner required for
working places under section 863 of this title;
(i) ‘‘permissible’’ as applied to electric face
equipment means all electrically operated
equipment taken into or used inby the last
open crosscut of an entry or a room of any
coal mine the electrical parts of which, including, but not limited to, associated electrical
equipment, components, and accessories, are
designed, constructed, and installed, in accordance with the specifications of the Secretary, to assure that such equipment will not
cause a mine explosion or mine fire, and the
other features of which are designed and constructed, in accordance with the specifications
of the Secretary, to prevent, to the greatest
extent possible, other accidents in the use of
such equipment; and the regulations of the
Secretary or the Director of the United States
Bureau of Mines in effect on the operative
date of this subchapter relating to the requirements for investigation, testing, approval, certification, and acceptance of such equipment
as permissible shall continue in effect until
modified or superseded by the Secretary, except that the Secretary shall provide procedures, including, where feasible, testing, approval, certification, and acceptance in the
field by an authorized representative of the
Secretary, to facilitate compliance by an operator with the requirements of section 865(a) of
this title within the periods prescribed therein;
(j) ‘‘low voltage’’ means up to and including
660 volts; ‘‘medium voltage’’ means voltages
from 661 to 1,000 volts; and ‘‘high voltage’’
means more than 1,000 volts;
(k) Repealed. Pub. L. 95–164, title II, § 202(b),
Nov. 9, 1977, 91 Stat. 1317.
(l) ‘‘coal mine’’ includes areas of adjoining
mines connected underground.
(Pub. L. 91–173, title III, § 318, Dec. 30, 1969, 83
Stat. 791; Pub. L. 95–164, title II, § 202(b), Nov. 9,
1977, 91 Stat. 1317; Pub. L. 102–285, § 10(b), May 18,
1992, 106 Stat. 172.)
REFERENCES IN TEXT
This chapter, referred to in par. (b)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
For the operative date of this subchapter, referred to
in par. (i), see section 509 of Pub. L. 91–173, set out as
an Effective Date note under section 801 of this title.
AMENDMENTS
1977—Par. (k). Pub. L. 95–164 struck out par. (k) which
defined ‘‘respirable dust’’ as dust particles 5 microns or
less in size.
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted for
‘‘Bureau of Mines’’ in par. (i) pursuant to section 10(b)
of Pub. L. 102–285, set out as a note under section 1 of
this title. For provisions relating to closure and transfer of functions of the United States Bureau of Mines,
see Transfer of Functions note set out under section 1
of this title.

§ 901

TITLE 30—MINERAL LANDS AND MINING

Page 170

EFFECTIVE DATE OF 1977 AMENDMENT

SEPARABILITY

Amendment by Pub. L. 95–164 effective Nov. 9, 1977,
see section 307 of Pub. L. 95–164, set out as a note under
section 801 of this title.

Section 206(b) of title II of Pub. L. 97–119 provided
that: ‘‘If any provision of this title [see Short Title of
1981 Amendment note, set out under section 801 of this
title], or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this title, or the application of such provision to
persons or circumstances other than those to which it
is held invalid, shall not be affected thereby.’’

SUBCHAPTER IV—BLACK LUNG BENEFITS
PART A—GENERAL PROVISIONS
§ 901. Congressional findings and declaration of
purpose; short title
(a) Congress finds and declares that there are
a significant number of coal miners living today
who are totally disabled due to pneumoconiosis
arising out of employment in one or more of the
Nation’s coal mines; that there are a number of
survivors of coal miners whose deaths were due
to this disease; and that few States provide benefits for death or disability due to this disease
to coal miners or their surviving dependents. It
is, therefore, the purpose of this subchapter to
provide benefits, in cooperation with the States,
to coal miners who are totally disabled due to
pneumoconiosis and to the surviving dependents
of miners whose death was due to such disease;
and to ensure that in the future adequate benefits are provided to coal miners and their dependents in the event of their death or total disability due to pneumoconiosis.
(b) This subchapter may be cited as the
‘‘Black Lung Benefits Act’’.
(Pub. L. 91–173, title IV, § 401, Dec. 30, 1969, 83
Stat. 792; Pub. L. 92–303, §§ 3(a), 4(b)(2), May 19,
1972, 86 Stat. 153, 154; Pub. L. 95–239, § 16, Mar. 1,
1978, 92 Stat. 105; Pub. L. 97–119, title II,
§ 203(a)(4), Dec. 29, 1981, 95 Stat. 1644.)
AMENDMENTS
1981—Subsec. (a). Pub. L. 97–119 struck out ‘‘or who
were totally disabled by this disease at the time of
their deaths’’ after ‘‘due to this disease’’ and ‘‘due to
such disease’’.
1978—Pub. L. 95–239 designated existing provisions as
subsec. (a) and added subsec. (b).
1972—Pub. L. 92–303, § 3(a), inserted ‘‘or who were totally disabled by this disease at the time of their
deaths’’ after ‘‘disease’’ the first and third times it appeared and struck out ‘‘underground’’ before ‘‘coal
mines’’.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 206(a) of title II of Pub. L. 97–119 provided
that: ‘‘Except as otherwise provided, the provisions of
this title [see Short Title of 1981 Amendment note set
out under section 801 of this title] shall take effect on
January 1, 1982.’’
EFFECTIVE DATE OF 1978 AMENDMENT
Section 20(a) of Pub. L. 95–239 provided that: ‘‘The
provisions of this Act [see Short Title of 1978 Amendment note set out under section 801 of this title] shall
take effect on the date of enactment of this Act [Mar.
1, 1978].’’
EFFECTIVE DATE OF 1972 AMENDMENT
Section 3(c) of Pub. L. 92–303 provided that: ‘‘The
amendments made by this section [amending this section and sections 902, 921, 932, and 933 of this title] shall
be effective as of December 30, 1969.’’
Amendment by section 4(b)(2) of Pub. L. 92–303 effective Dec. 30, 1969, see section 4(g) of Pub. L. 92–303, set
out as a note under section 921 of this title.
EFFECTIVE DATE
Subchapter effective Dec. 30, 1969, see section 509 of
Pub. L. 91–173, set out as a note under section 801 of
this title.

SPECIAL BENEFITS FOR DISABLED COAL MINERS
Pub. L. 102–394, title II, Oct. 6, 1992, 106 Stat. 1806, provided that: ‘‘For carrying out title IV of the Federal
Mine Safety and Health Act of 1977 [30 U.S.C. 901 et
seq.], including for fiscal year 1993 and thereafter the
payment of travel expenses on an actual cost or commuted basis, to an individual, for travel incident to
medical examinations, and when travel of more than 75
miles is required, to parties, their representatives, and
all reasonably necessary witnesses for travel within the
United States, Puerto Rico and the Virgin Islands, to
reconsideration interviews and to proceedings before
administrative law judges, $601,313,000, to remain available until expended: Provided, That monthly benefit
payments for fiscal year 1993 and thereafter shall be
paid consistent with section 215(g) of the Social Security Act [42 U.S.C. 415(g)].’’
STUDY OF CURRENT MEDICAL METHODS FOR DIAGNOSIS
OF PNEUMOCONIOSIS AND NATURE AND EXTENT OF IMPAIRMENT
ATTRIBUTABLE TO SIMPLE AND COMPLICATED PNEUMOCONIOSIS; REPORT TO CONGRESS
Section 202(e) of Pub. L. 97–119 directed Secretary of
Labor, in consultation with Secretary of Health and
Human Services, to undertake a study of current medical methods for diagnosis of pneumoconiosis, and of nature and extent of impairment and disability that are
attributable to the existence of both simple and complicated pneumoconiosis, with study, together with appropriate recommendations, to be transmitted to Congress no later than eighteen months after Jan. 1, 1982.
STUDY OF BENEFITS UNDER THIS SUBCHAPTER, OTHER
BENEFITS RECEIVED, AND BENEFITS IF STATE WORKERS’ COMPENSATION PROGRAMS APPLICABLE; REPORT
TO CONGRESS
Section 203(c) of Pub. L. 97–119 directed Secretary of
Labor to undertake a study of the benefits provided by
this subchapter, other benefits received by individuals
who receive benefits under this subchapter, and benefits which would be received were State workers’ compensation programs applicable in lieu of benefits under
this subchapter, with study, together with appropriate
recommendations, to be transmitted to Congress no
later than eighteen months after Jan. 1, 1982.

§ 902. Definitions
For purposes of this subchapter—
(a) The term ‘‘dependent’’ means—
(1) a child as defined in subsection (g) of this
section without regard to subparagraph
(2)(B)(ii) thereof; or
(2) a wife who is a member of the same
household as the miner, or is receiving regular
contributions from the miner for her support,
or whose husband is a miner who has been ordered by a court to contribute to her support,
or who meets the requirements of section
416(b)(1) or (2) of title 42. The determination of
an individual’s status as the ‘‘wife’’ of a miner
shall be made in accordance with section
416(h)(1) of title 42 as if such miner were the
‘‘insured individual’’ referred to therein. The
term ‘‘wife’’ also includes a ‘‘divorced wife’’ as
defined in section 416(d)(1) of title 42 who is receiving at least one-half of her support, as de-

Page 171

TITLE 30—MINERAL LANDS AND MINING

termined in accordance with regulations prescribed by the Secretary, from the miner, or is
receiving substantial contributions from the
miner (pursuant to a written agreement), or
there is in effect a court order for substantial
contributions to her support from such miner.
(b) The term ‘‘pneumoconiosis’’ means a
chronic dust disease of the lung and its sequelae,
including respiratory and pulmonary impairments, arising out of coal mine employment.
(c) The term ‘‘Secretary’’, except where expressly otherwise provided, means the Secretary
of Labor.
(d) The term ‘‘miner’’ means any individual
who works or has worked in or around a coal
mine or coal preparation facility in the extraction or preparation of coal. Such term also includes an individual who works or has worked in
coal mine construction or transportation in or
around a coal mine, to the extent such individual was exposed to coal dust as a result of such
employment.
(e) The term ‘‘widow’’ includes the wife living
with or dependent for support on the miner at
the time of his death, or living apart for reasonable cause or because of his desertion, or who
meets the requirements of section 416(c)(1), (2),
(3), (4), or (5),1 and section 416(k) of title 42, who
is not married. The determination of an individual’s status as the ‘‘widow’’ of a miner shall be
made in accordance with section 416(h)(1) of title
42 as if such miner were the ‘‘insured individual’’ referred to therein. Such term also includes
a ‘‘surviving divorced wife’’ as defined in section
416(d)(2) of title 42 who for the month preceding
the month in which the miner died, was receiving at least one-half of her support, as determined in accordance with regulations prescribed
by the Secretary, from the miner, or was receiving substantial contributions from the miner
(pursuant to a written agreement) or there was
in effect a court order for substantial contributions to her support from the miner at the time
of his death.
(f)(1) The term ‘‘total disability’’ has the
meaning given it by regulations of the Secretary
of Health and Human Services, which were in effect on November 2, 2002, for claims under part
B of this subchapter, and by regulations of the
Secretary of Labor for claims under part C of
this subchapter, subject to the relevant provisions of subsections (b) and (d) of section 923 of
this title, except that—
(A) in the case of a living miner, such regulations shall provide that a miner shall be considered totally disabled when pneumoconiosis
prevents him or her from engaging in gainful
employment requiring the skills and abilities
comparable to those of any employment in a
mine or mines in which he or she previously
engaged with some regularity and over a substantial period of time;
(B) such regulations shall provide that (i) a
deceased miner’s employment in a mine at the
time of death shall not be used as conclusive
evidence that the miner was not totally disabled; and (ii) in the case of a living miner, if
there are changed circumstances of employ1 See

References in Text note below.

§ 902

ment indicative of reduced ability to perform
his or her usual coal mine work, such miner’s
employment in a mine shall not be used as
conclusive evidence that the miner is not totally disabled;
(C) such regulations shall not provide more
restrictive criteria than those applicable
under section 423(d) of title 42; and
(D) the Secretary of Labor, in consultation
with the Director of the National Institute for
Occupational Safety and Health, shall establish criteria for all appropriate medical tests
under this subsection which accurately reflect
total disability in coal miners as defined in
subparagraph (A).
(2) Criteria applied by the Secretary of Labor
in the case of—
(A) any claim arising under part B of this
subchapter or subject to a determination by
the Secretary of Labor under section 945(a) 1 of
this title;
(B) any claim which is subject to review by
the Secretary of Labor under section 945(b) 1 of
this title; and
(C) any claim filed on or before the effective
date of regulations promulgated under this
subsection by the Secretary of Labor;
shall not be more restrictive than the criteria
applicable to a claim filed on June 30, 1973,
whether or not the final disposition of any such
claim occurs after the date of such promulgation of regulations by the Secretary of Labor.
(g) The term ‘‘child’’ means a child or a stepchild who is—
(1) unmarried; and
(2)(A) under eighteen years of age, or
(B)(i) under a disability as defined in section
423(d) of title 42,
(ii) which began before the age specified in
section 402(d)(1)(B)(ii) of title 42, or, in the
case of a student, before he ceased to be a student; or
(C) a student.
The term ‘‘student’’ means a ‘‘full-time student’’ as defined in section 402(d)(7) of title 42, or
a ‘‘student’’ as defined in section 8101(17) of title
5. The determination of an individual’s status as
the ‘‘child’’ of the miner or widow, as the case
may be, shall be made in accordance with section 416(h)(2) or (3) of title 42 as if such miner or
widow were the ‘‘insured individual’’ referred to
therein.
(h) The term ‘‘fund’’ means the Black Lung
Disability Trust Fund established by section
9501 of title 26.
(i) For the purposes of subsections (c) and (j)
of section 932 of this title, and for the purposes
of paragraph (7) of subsection (d) of section 9501
of title 26, the term ‘‘claim denied’’ means a
claim—
(1) for benefits under part B of this subchapter that was denied by the official responsible for administration of such part; or
(2) in which (A) the claimant was notified by
the Department of Labor of an administrative
or informal denial more than 1 year prior to
March 1, 1978, and did not, within 1 year from
the date of notification of such denial, request
a hearing, present additional evidence or indicate an intention to present additional evi-

§ 903

TITLE 30—MINERAL LANDS AND MINING

dence, or (B) the claim was denied under the
law in effect prior to March 1, 1978, following
a formal hearing or administrative or judicial
review proceeding.
(Pub. L. 91–173, title IV, § 402, Dec. 30, 1969, 83
Stat. 792; Pub. L. 92–303, §§ 1(c)(2)–(4), 3(b), 4(a),
May 19, 1972, 86 Stat. 151–153; Pub. L. 95–239, § 2,
Mar. 1, 1978, 92 Stat. 95; Pub. L. 96–88, title V,
§ 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–119,
title I, § 104(b)(1), title II, § 205(b), Dec. 29, 1981, 95
Stat. 1639, 1645; Pub. L. 99–514, § 2, Oct. 22, 1986,
100 Stat. 2095; Pub. L. 103–296, title I, § 108(i)(1),
Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107–275,
§ 2(b)(1), Nov. 2, 2002, 116 Stat. 1925.)
REFERENCES IN TEXT
Section 416(c)(1), (2), (3), (4), or (5) of title 42, referred
to in subsec. (e), was redesignated section 416(c)(1)(A),
(B), (C), (D), and (E) by Pub. L. 108–203, title IV,
§ 414(a)(2), (4), Mar. 2, 2004, 118 Stat. 529.
Section 945 of this title, referred to in subsec.
(f)(2)(A), (B), was repealed by Pub. L. 107–275, § 2(c)(1),
Nov. 2, 2002, 116 Stat. 1926.
AMENDMENTS
2002—Subsec. (c). Pub. L. 107–275, § 2(b)(1)(A), substituted ‘‘, except where expressly otherwise provided,’’
for ‘‘where used in part C’’.
Subsec. (f)(1). Pub. L. 107–275, § 2(b)(1)(B), inserted
‘‘, which were in effect on November 2, 2002,’’ after
‘‘Secretary of Health and Human Services’’.
Subsec. (f)(2)(A). Pub. L. 107–275, § 2(b)(1)(C)(ii), struck
out comma after ‘‘Secretary of Labor’’.
Pub. L. 107–275, § 2(b)(1)(C)(i), substituted ‘‘arising
under part B of this subchapter’’ for ‘‘which is subject
to review by the Secretary of Health and Human Services,’’.
Subsec. (i)(1). Pub. L. 107–275, § 2(b)(1)(D), amended
par. (1) generally. Prior to amendment, par. (1) read as
follows: ‘‘denied by the Social Security Administration; or’’.
1994—Subsec. (c). Pub. L. 103–296 substituted ‘‘where
used in part C means the Secretary of Labor’’ for
‘‘where used in part B means the Secretary of Health,
Education, and Welfare, and where used in part C
means the Secretary of Labor’’.
1986—Subsecs. (h), (i). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue
Code of 1954’’, which for purposes of codification was
translated as ‘‘title 26’’ thus requiring no change in
text.
1981—Subsec. (h). Pub. L. 97–119, § 104(b)(1), substituted ‘‘by section 9501 of title 26’’ for ‘‘in section
934a(a)(1) of this title’’.
Subsec. (i). Pub. L. 97–119, § 205(b), added subsec. (i).
1978—Subsec. (b). Pub. L. 95–239, § 2(a), substituted ‘‘a
chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment’’ for ‘‘a chronic dust
disease of the lung arising out of employment in a coal
mine’’.
Subsec. (d). Pub. L. 95–239, § 2(b), substituted ‘‘any individual who works or has worked in or around a coal
mine or coal preparation facility in the extraction or
preparation of coal’’ for ‘‘any individual who is or was
employed in a coal mine’’ and inserted provisions that
extended to definition of the term ‘‘miner’’ so as to include also an individual who works or has worked in
coal mine construction or transportation in or around
a coal mine, to the extent that such individual was exposed to coal dust as a result of such employment.
Subsec. (f). Pub. L. 95–239, § 2(c), designated existing
provisions as pars. (1)(A) and (1)(C), inserted references
in the provisions preceding par. (1)(A) to regulations
promulgated by the Secretary of Labor for claims
under part C of this subchapter and to the relevant provisions of subsecs. (b) and (d) of section 923 of this title,
and added pars. (1)(B), (1)(D), and (2).

Page 172

Subsec. (h). Pub. L. 95–239, § 2(d), added subsec. (h).
1972—Subsec. (a). Pub. L. 92–303, § 1(c)(2), expanded
definition of ‘‘dependent’’ to include children and wife
without reference to section 8110 of title 5.
Subsecs. (b), (d). Pub. L. 92–303, § 3(b), substituted ‘‘a
coal mine’’ for ‘‘an underground coal mine’’.
Subsec. (e). Pub. L. 92–303, § 1(c)(3), expanded definition of ‘‘widow’’ by reference to title 42 and provided
procedure for the determination of the status.
Subsec. (f). Pub. L. 92–303, § 4(a), expanded definition
of ‘‘total disability’’ to include a miner prevented from
engaging in gainful employment by pneumoconiosis.
Subsec. (g). Pub. L. 92–303, § 1(c)(4), added subsec. (g).
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (f) pursuant to section 509(b) of Pub. L.
96–88 which is classified to section 3508(b) of Title 20,
Education.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–275, § 4, Nov. 2, 2002, 116 Stat. 1928, provided that: ‘‘This Act [amending this section and sections 921 to 924, 925, 932a, and 936 of this title, repealing
sections 904, 924a, and 945 of this title, and enacting
provisions set out as notes under sections 801 and 921 of
this title], and the amendments made by this Act, shall
take effect 90 days after the date of enactment of this
Act [Nov. 2, 2002].’’
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by section 205(b) of Pub. L. 97–119 effective Jan. 1, 1982, except as otherwise provided, see section 206(a) of Pub. L. 97–119, set out as a note under section 901 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by section 3(b) of Pub. L. 92–303 effective
Dec. 30, 1969, see section 3(c) of Pub. L. 92–303, set out
as a note under section 901 of this title.
Amendment by section 4(a) of Pub. L. 92–303 effective
Dec. 30, 1969, see section 4(g) of Pub. L. 92–303, set out
as a note under section 921 of this title.

§ 903. Field offices
(a) The Secretary of Labor shall establish and
operate such field offices as may be necessary to
assist miners and survivors of miners in the filing and processing of claims under this subchapter. Such field offices shall, to the extent
feasible, be reasonably accessible to such miners
and survivors. The Secretary, in connection
with the establishment and operation of field offices, may enter into arrangements with other
Federal departments and agencies, and with
State agencies, for the use of existing facilities
operated by such departments and agencies.
Where the establishment of separate facilities is
not feasible the Secretary may enter into such
arrangements as he deems necessary with the
heads of Federal departments, agencies, and instrumentalities and with State agencies for the
use of existing facilities and personnel under
their control.

Page 173

TITLE 30—MINERAL LANDS AND MINING

(b) There are authorized to be appropriated for
the purposes of subsection (a) of this section
such sums as may be necessary.
(Pub. L. 95–239, § 18, Mar. 1, 1978, 92 Stat. 105.)
CODIFICATION
Section was enacted as part of the Black Lung Benefits Reform Act of 1977, and not as part of the Federal
Mine Safety and Health Act of 1977 which comprises
this chapter or the Black Lung Benefits Act which
comprises this subchapter.
EFFECTIVE DATE
Section effective Mar. 1, 1978, see section 20(a) of Pub.
L. 95–239, set out as an Effective Date of 1978 Amendment note under section 901 of this title.

§ 904. Repealed. Pub. L. 107–275, § 2(c)(2), Nov. 2,
2002, 116 Stat. 1926
Section, Pub. L. 95–239, § 19, Mar. 1, 1978, 92 Stat. 106,
related to providing information to potential beneficiaries of changes made by Black Lung Benefits Reform Act of 1977.
EFFECTIVE DATE OF REPEAL
Repeal effective 90 days after Nov. 2, 2002, see section
4 of Pub. L. 107–275, set out as an Effective Date of 2002
Amendment note under section 902 of this title.

PART B—CLAIMS FOR BENEFITS FILED ON OR
BEFORE DECEMBER 31, 1973
§ 921. Regulations and presumptions
(a) Promulgation; payment of benefits
The Secretary shall, in accordance with the
provisions of this part, and the regulations promulgated by him under this part, make payments of benefits in respect of total disability of
any miner due to pneumoconiosis, and in respect
of the death of any miner whose death was due
to pneumoconiosis or, except with respect to a
claim filed under part C of this subchapter on or
after the effective date of the Black Lung Benefits Amendments of 1981, who at the time of his
death was totally disabled by pneumoconiosis.
(b) Promulgation of standards determining total
disability
The Secretary shall by regulation prescribe
standards for determining for purposes of subsection (a) of this section whether a miner is totally disabled due to pneumoconiosis and for determining whether the death of a miner was due
to pneumoconiosis. Regulations required by this
subsection shall be promulgated and published
in the Federal Register at the earliest practicable date after December 30, 1969, and in no
event later than the end of the third month following December 1969. Final regulations required for implementation of any amendments
to this subchapter shall be promulgated and
published in the Federal Register at the earliest
practicable date after the date of enactment of
such amendments, and in no event later than
the end of the fourth month following the month
in which such amendments are enacted. Such
regulations may be modified or additional regulations promulgated from time to time thereafter.
(c) Presumptions
For purposes of this section—

§ 921

(1) If a miner who is suffering or suffered
from pneumoconiosis was employed for ten
years or more in one or more coal mines there
shall be a rebuttable presumption that his
pneumoconiosis arose out of such employment.
(2) If a deceased miner was employed for ten
years or more in one or more coal mines and
died from a respirable disease there shall be a
rebuttable presumption that his death was due
to pneumoconiosis. The provisions of this
paragraph shall not apply with respect to
claims filed on or after the effective date of
the Black Lung Benefits Amendments of 1981.
(3) If a miner is suffering or suffered from a
chronic dust disease of the lung which (A)
when diagnosed by chest roentgenogram,
yields one or more large opacities (greater
than one centimeter in diameter) and would be
classified in category A, B, or C in the International Classification of Radiographs of the
Pneumoconioses by the International Labor
Organization, (B) when diagnosed by biopsy or
autopsy, yields massive lesions in the lung, or
(C) when diagnosis is made by other means,
would be a condition which could reasonably
be expected to yield results described in clause
(A) or (B) if diagnosis had been made in the
manner prescribed in clause (A) or (B), then
there shall be an irrebuttable presumption
that he is totally disabled due to pneumoconiosis or that his death was due to pneumoconiosis, or that at the time of his death he
was totally disabled by pneumoconiosis.1 as
the case may be.
(4) if 2 a miner was employed for fifteen years
or more in one or more underground coal
mines, and if there is a chest roentgenogram
submitted in connection with such miner’s, his
widow’s, his child’s, his parent’s, his brother’s,
his sister’s, or his dependent’s claim under
this subchapter and it is interpreted as negative with respect to the requirements of paragraph (3) of this subsection, and if other evidence demonstrates the existence of a totally
disabling respiratory or pulmonary impairment, then there shall be a rebuttable presumption that such miner is totally disabled
due to pneumoconiosis, that his death was due
to pneumoconiosis, or that at the time of his
death he was totally disabled by pneumoconiosis. In the case of a living miner, a wife’s
affidavit may not be used by itself to establish
the presumption. The Secretary shall not
apply all or a portion of the requirement of
this paragraph that the miner work in an underground mine where he determines that conditions of a miner’s employment in a coal
mine other than an underground mine were
substantially similar to conditions in an underground mine. The Secretary may rebut
such presumption only by establishing that
(A) such miner does not, or did not, have pneumoconiosis, or that (B) his respiratory or pulmonary impairment did not arise out of, or in
connection with, employment in a coal mine.
(5) In the case of a miner who dies on or before March 1, 1978, who was employed for 25
1 So
2 So

in original. The period probably should be a comma.
in original. Probably should be capitalized.

§ 921

TITLE 30—MINERAL LANDS AND MINING

years or more in one or more coal mines before June 30, 1971, the eligible survivors of
such miner shall be entitled to the payment of
benefits, at the rate applicable under section
922(a)(2) of this title, unless it is established
that at the time of his or her death such miner
was not partially or totally disabled due to
pneumoconiosis. Eligible survivors shall, upon
request by the Secretary, furnish such evidence as is available with respect to the
health of the miner at the time of his or her
death. The provisions of this paragraph shall
not apply with respect to claims filed on or
after the day that is 180 days after the effective date of the Black Lung Benefits Amendments of 1981.
(d) Applicability of presumptions
Nothing in subsection (c) of this section shall
be deemed to affect the applicability of subsection (a) of this section in the case of a claim
where the presumptions provided for therein are
inapplicable.
(Pub. L. 91–173, title IV, § 411, Dec. 30, 1969, 83
Stat. 793; Pub. L. 92–303, §§ 3(a), 4(b)(1), (3), (c),
(d), May 19, 1972, 86 Stat. 153, 154; Pub. L. 95–239,
§ 3(a), Mar. 1, 1978, 92 Stat. 96; Pub. L. 97–119,
title II, §§ 202(b), 203(a)(5), Dec. 29, 1981, 95 Stat.
1643, 1644; Pub. L. 103–296, title I, § 108(i)(2), Aug.
15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(a), Nov.
2, 2002, 116 Stat. 1925; Pub. L. 111–148, title I,
§ 1556(a), Mar. 23, 2010, 124 Stat. 260.)

Page 174

Register of final regulations and their amendments and
for time limits for publication.
Subsec. (c)(1), (2). Pub. L. 92–303, § 3(a), substituted
‘‘coal mines’’ for ‘‘underground coal mines’’.
Subsec. (c)(3). Pub. L. 92–303, § 4(b)(3), inserted presumption that at the time of death the miner was totally disabled by pneumoconiosis.
Subsec. (c)(4). Pub. L. 92–303, § 4(c), added par. (4).
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–148, title I, § 1556(c), Mar. 23, 2010, 124 Stat.
260, provided that: ‘‘The amendments made by this section [amending this section and section 932 of this title]
shall apply with respect to claims filed under part B or
part C of the Black Lung Benefits Act (30 U.S.C. 921 et
seq., 931 et seq.) after January 1, 2005, that are pending
on or after the date of enactment of this Act [Mar. 23,
2010].’’
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–275 effective 90 days after
Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as
a note under section 902 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–119 effective Jan. 1, 1982,
except as otherwise provided, see section 206(a) of Pub.
L. 97–119, set out as a note under section 901 of this
title.

REFERENCES IN TEXT

EFFECTIVE DATE OF 1978 AMENDMENT

The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsecs. (a) and (c)(2), (5),
is Jan. 1, 1982, except as otherwise provided. See section
206(a) of Pub. L. 97–119, set out as an Effective Date of
1981 Amendment note under section 901 of this title.

Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.

AMENDMENTS
2010—Subsec. (c)(4). Pub. L. 111–148 struck out at end
‘‘The provisions of this paragraph shall not apply with
respect to claims filed on or after the effective date of
the Black Lung Benefits Amendments of 1981.’’
2002—Subsecs. (a), (b), (c)(4), (5). Pub. L. 107–275 substituted ‘‘Secretary’’ for ‘‘Commissioner of Social Security’’ wherever appearing.
1994—Subsecs. (a), (b), (c)(4), (5). Pub. L. 103–296 substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appearing.
1981—Subsec. (a). Pub. L. 97–119, § 203(a)(5), inserted
‘‘, except with respect to a claim filed under part C of
this subchapter on or after the effective date of the
Black Lung Benefits Amendments of 1981,’’ after ‘‘pneumoconiosis or’’.
Subsec. (c)(2), (4). Pub. L. 97–119, § 202(b)(1), inserted
provision that this paragraph not apply with respect to
claims filed on or after the effective date of the Black
Lung Benefits Amendments of 1981.
Subsec. (c)(5). Pub. L. 97–119, § 202(b)(2), inserted provision that this paragraph not apply with respect to
claims filed on or after the day that is 180 days after
the effective date of the Black Lung Benefits Amendments of 1981.
1978—Subsec. (c). Pub. L. 95–239 capitalized and repunctuated the existing paragraphs to change their
construction from that of uncapitalized clauses to complete sentences, and added par. (5).
1972—Subsec. (a). Pub. L. 92–303, § 4(b)(1), substituted
‘‘pneumoconiosis or who at the time of his death was
totally disabled by pneumoconiosis’’ for ‘‘pneumoconiosis’’.
Subsec. (b). Pub. L. 92–303, § 4(d), inserted provision
for the promulgation and publication in the Federal

EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by section 3(a) of Pub. L. 92–303 effective
Dec. 30, 1969, see section 3(c) of Pub. L. 92–303, set out
as a note under section 901 of this title.
Section 4(g) of Pub. L. 92–303 provided that: ‘‘The
amendments made by this section [amending this section and sections 901, 902, 923, and 931 of this title] shall
be effective as of December 30, 1969.’’
TRANSITIONAL PROVISIONS
Pub. L. 107–275, § 3, Nov. 2, 2002, 116 Stat. 1926, provided that:
‘‘(a) APPLICABILITY.—This section shall apply to the
transfer of all functions relating to the administration
of part B of subchapter IV (30 U.S.C. 901 et seq.) [probably means 30 U.S.C. 921 et seq.] from the Commissioner of Social Security (hereinafter in this section referred to as the ‘Commissioner’) to the Secretary of
Labor, as provided by this Act [see Short Title of 2002
Amendment note set out under section 801 of this title].
‘‘(b) TRANSFER OF ASSETS, LIABILITIES, ETC.—
‘‘(1) The Commissioner shall transfer to the Secretary of Labor all property and records that the Director of the Office of Management and Budget determines relate to the functions transferred to the Secretary of Labor by this Act or amendments made by
this Act.
‘‘(2) Section 1531 of title 31, United States Code,
shall apply in carrying out this Act and amendments
made by this Act, except that, for purposes of carrying out this Act and amendments made by this Act,
the functions of the President under section 1531(b)
shall be performed by the Director of the Office of
Management and Budget unless otherwise directed by
the President.
‘‘(c) CONTINUATION OF ORDERS, DETERMINATIONS,
ETC.—

Page 175

TITLE 30—MINERAL LANDS AND MINING

‘‘(1) This Act shall not affect the validity of any
order, determination, rule, regulation, operating procedure (to the extent applicable to the Secretary of
Labor), or contract that—
‘‘(A) relates to a function transferred by this Act;
and
‘‘(B) is in effect on the date this Act takes effect
[see Effective Date of 2002 Amendment note set out
under section 902 of this title].
‘‘(2) Any order, determination, rule, regulation, operating procedure, or contract described in paragraph
(1) shall—
‘‘(A) apply on and after the effective date of this
Act to the Secretary of Labor; and
‘‘(B) continue in effect, according to its terms,
until it is modified, superseded, terminated, or
otherwise deprived of legal effect by the Secretary
of Labor, a court of competent jurisdiction, or operation of law.
‘‘(d) CONTINUATION OF ADMINISTRATIVE PROCEEDINGS.—
‘‘(1) Any proceeding before the Commissioner involving the functions transferred by this Act that is
pending on the date this Act takes effect shall continue before the Secretary of Labor, except as provided in paragraph (2).
‘‘(2) Any proceeding pending before an Administrative Law Judge or the Appeals Council pursuant to
part B and the applicable regulations of the Secretary of Health and Human Services shall continue
before the Commissioner consistent with the following provisions:
‘‘(A) Any proceeding described in this paragraph
shall continue as if this Act had not been enacted,
and shall include all rights to hearing, administrative review, and judicial review available under
part B and the applicable regulations of the Secretary of Health and Human Services.
‘‘(B) Any decision, order, or other determination
issued in any proceeding described in this subsection shall apply to the Secretary of Labor and
continue in effect, according to its terms, until it is
modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a
court of competent jurisdiction, or operation of
law.
‘‘(C) Nothing in this paragraph shall be deemed to
prohibit the discontinuance or modification of any
such proceeding under the same terms and conditions and to the same extent that such proceeding
could have been discontinued or modified if this
Act had not been enacted.
‘‘(3) Any proceeding before the Secretary of Labor
involving the functions transferred by this Act shall
be subject to the statutory requirements for notice,
hearing, action upon the record, administrative review, and judicial review that apply to similar proceedings before the Commissioner conducted prior to
the enactment of this Act.
‘‘(e) CONTINUATION OF ACTIONS AND CAUSES OF ACTION.—
‘‘(1) Except as provided in paragraphs (2) and (3),
this Act shall not abrogate, terminate, or otherwise
affect any action or cause of action, that—
‘‘(A) relates to a function transferred by this Act;
and
‘‘(B) is pending or otherwise in existence on the
date this Act takes effect [see Effective Date of 2002
Amendment note set out under section 902 of this
title].
‘‘(2) Any action pending before the Commissioner or
any court on the date this Act takes effect that involves a function transferred by this Act shall continue before the Commissioner or court consistent
with the following provisions:
‘‘(A) Any proceeding described in this paragraph
shall continue as if this Act had not been enacted.
‘‘(B) Any decision, order, or other determination
issued in any proceeding subject to this paragraph
shall apply to the Secretary of Labor and continue

§ 922

in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived
of legal effect by the Secretary of Labor, a court of
competent jurisdiction, or operation of law.
‘‘(3) Any cause of action by or against the Commissioner that exists on the date this Act takes effect
and involves any function transferred by this Act
may be asserted by or against the Secretary of Labor
or the United States.
‘‘(f) CONTINUATION OF ACTIONS AGAINST OFFICERS.—No
suit, action, or other proceeding commenced by or
against any officer in his official capacity as an officer
of the Social Security Administration, and relating to
a function transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by
or against the Social Security Administration, or by or
against any officer thereof in his official capacity, relating to a function transferred by this Act, shall abate
by reason of enactment of this Act.
‘‘(g) PRESERVATION OF PENALTIES, ETC.—The transfer
of functions under this Act shall not release or extinguish any penalty, forfeiture, liability, prosecution, investigation, or right to initiate a future investigation
or prosecution involving any function transferred by
this Act.’’

§ 922. Payment of benefits
(a) Schedules
Subject to the provisions of subsection (b) of
this section, benefit payments shall be made by
the Secretary under this part as follows:
(1) In the case of total disability of a miner
due to pneumoconiosis, the disabled miner shall
be paid benefits during the disability at a rate
equal to 371⁄2 per centum of the monthly pay rate
for Federal employees in grade GS–2, step 1.
(2) In the case of death of a miner due to pneumoconiosis or, except with respect to a claim
filed under part C of this subchapter on or after
the effective date of the Black Lung Benefits
Amendments of 1981, of a miner receiving benefits under this part, benefits shall be paid to his
widow (if any) at the rate the deceased miner
would receive such benefits if he were totally
disabled.
(3) In the case of the child or children of a
miner whose death is due to pneumoconiosis or,
except with respect to a claim filed under part
C of this subchapter on or after the effective
date of the Black Lung Benefits Amendments of
1981, of a miner who is receiving benefits under
this part at the time of his death or who was totally disabled by pneumoconiosis at the time of
his death, in the case of the child or children of
a widow who is receiving benefits under this
part at the time of her death, and in the case of
any child or children entitled to the payment of
benefits under paragraph (5) of section 921(c) of
this title, benefits shall be paid to such child or
children as follows: If there is one such child, he
shall be paid benefits at the rate specified in
paragraph (1). If there is more than one such
child, the benefits paid shall be divided equally
among them and shall be paid at a rate equal to
the rate specified in paragraph (1), increased by
50 per centum of such rate if there are two such
children, by 75 per centum of such rate if there
are three such children, and by 100 per centum of
such rate if there are more than three such children: Provided, That benefits shall only be paid
to a child for so long as he meets the criteria for
the term ‘‘child’’ contained in section 902(g) of
this title: And provided further, That no entitle-

§ 922

TITLE 30—MINERAL LANDS AND MINING

ment to benefits as a child shall be established
under this paragraph (3) for any month for
which entitlement to benefits as a widow is established under paragraph (2).
(4) In the case of an individual entitled to benefit payments under clause (1) or (2) of this subsection who has one or more dependents, the
benefit payments shall be increased at the rate
of 50 per centum of such benefit payments, if
such individual has one dependent, 75 per centum if such individual has two dependents, and
100 per centum if such individual has three or
more dependents.
(5) In the case of the dependent parent or parents of a miner whose death is due to pneumoconiosis, or, except with respect to a claim filed
under part C of this subchapter on or after the
effective date of the Black Lung Benefits
Amendments of 1981, of a miner who is receiving
benefits under this part at the time of his death
or who was totally disabled by pneumoconiosis
at the time of death, and who is not survived at
the time of his death by a widow or a child, in
the case of the dependent surviving brother(s) or
sister(s) of such a miner who is not survived at
the time of his death by a widow, child, or parent, in the case of the dependent parent or parents of a miner (who is not survived at the time
of his or her death by a widow or a child) who
are entitled to the payment of benefits under
paragraph (5) of section 921(c) of this title, or in
the case of the dependent surviving brother(s) or
sister(s) of a miner (who is not survived at the
time of his or her death by a widow, child, or
parent) who are entitled to the payment of benefits under paragraph (5) of section 921(c) of this
title, benefits shall be paid under this part to
such parent(s), or to such brother(s), or sister(s),
at the rate specified in paragraph (3) (as if such
parent(s) or such brother(s) or sister(s), were the
children of such miner). In determining for purposes of this paragraph whether a claimant
bears the relationship as the miner’s parent,
brother, or sister, the Secretary shall apply
legal standards consistent with those applicable
to relationship determination under title II of
the Social Security Act [42 U.S.C. 401 et seq.].
No benefits to a sister or brother shall be payable under this paragraph for any month beginning with the month in which he or she receives
support from his or her spouse, or marries. Benefits shall be payable under this paragraph to a
brother only if he is—
(1)(A) under eighteen years of age, or
(B) under a disability as defined in section
223(d) of the Social Security Act [42 U.S.C.
423(d)] which began before the age specified in
section 202(d)(1)(B)(ii) of such Act [42 U.S.C.
402(d)(1)(B)(ii)], or in the case of a student, before he ceased to be a student, or
(C) a student as defined in section 902(g) of
this title; or
(2) who is, at the time of the miner’s death,
disabled as determined in accordance with section 223(d) of the Social Security Act [42
U.S.C. 423(d)], during such disability. Any benefit under this paragraph for a month prior to
the month in which a claim for such benefit is
filed shall be reduced to any extent that may
be necessary, so that it will not render erroneous any benefit which, before the filing of

Page 176

such claim, the Secretary has certified for
payment for such prior months. As used in
this paragraph, ‘‘dependent’’ means that during the one year period prior to and ending
with such miner’s death, such parent, brother,
or sister was living in the miner’s household,
and was, during such period, totally dependent
on the miner for support. Proof of such support shall be filed by such claimant within two
years after May 1972, or within two years after
the miner’s death, whichever is the later. Any
such proof which is filed after the expiration
of such period shall be deemed to have been
filed within such period if it is shown to the
satisfaction of the Secretary that there was
good cause for failure to file such proof within
such period. The determination of what constitutes ‘‘living in the miner’s household’’,
‘‘totally dependent upon the miner for support,’’ and ‘‘good cause,’’ shall for purposes of
this paragraph be made in accordance with
regulations of the Secretary. Benefit payments under this paragraph to a parent, brother, or sister, shall be reduced by the amount
by which such payments would be reduced on
account of excess earnings of such parent,
brother, or sister, respectively, under section
203(b)–(l) of the Social Security Act [42 U.S.C.
403(b)–(l)], as if the benefit under this paragraph were a benefit under section 202 of such
Act [42 U.S.C. 402].
(6) If an individual’s benefits would be increased under paragraph (4) of this subsection
because he or she has one or more dependents,
and it appears to the Secretary that it would be
in the interest of any such dependent to have
the amount of such increase in benefits (to the
extent attributable to such dependent) certified
to a person other than such individual, then the
Secretary may, under regulations prescribed by
him, certify the amount of such increase in benefits (to the extent so attributable) not to such
individual but directly to such dependent or to
another person for the use and benefit of such
dependent; and any payment made under this
clause, if otherwise valid under this subchapter,
shall be a complete settlement and satisfaction
of all claims, rights, and interests in and to such
payment.
(b) Reduction of benefits
Notwithstanding subsection (a) of this section,
benefit payments under this section to a miner
or his widow, child, parent, brother, or sister
shall be reduced, on a monthly or other appropriate basis, by an amount equal to any payment received by such miner or his widow, child,
parent, brother, or sister under the workmen’s
compensation, unemployment compensation, or
disability insurance laws of his State on account
of the disability of such miner due to pneumoconiosis, and the amount by which such payment would be reduced on account of excess
earnings of such miner under section 203(b)
through (l) of the Social Security Act [42 U.S.C.
403(b) to (l)] if the amount paid were a benefit
payable under section 202 of such Act [42 U.S.C.
402]. This part shall not be considered a workmen’s compensation law or plan for purposes of
section 224 of such Act [42 U.S.C. 424a].

Page 177

TITLE 30—MINERAL LANDS AND MINING

(c) Reporting of income
Benefits payable under this part shall be
deemed not to be income for purposes of the Internal Revenue Code of 1986.
(Pub. L. 91–173, title IV, § 412, Dec. 30, 1969, 83
Stat. 794; Pub. L. 92–303, §§ 1(b)(1), (2), (c)(1), 2(a),
May 19, 1972, 86 Stat. 150, 151, 153; Pub. L. 95–239,
§§ 3(b)(1), 4, Mar. 1, 1978, 92 Stat. 96, 97; Pub. L.
97–119, title II, § 203(a)(1)–(3), (d), Dec. 29, 1981, 95
Stat. 1643, 1644; Pub. L. 99–514, § 2, Oct. 22, 1986,
100 Stat. 2095; Pub. L. 103–296, title I, § 108(i)(2),
Aug. 15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(a),
Nov. 2, 2002, 116 Stat. 1925.)

§ 923

coniosis’’ for ‘‘on account of the disability of such
miner’’.
1972—Subsec. (a)(3), (4). Pub. L. 92–303, § 1(b)(1), added
par. (3) and redesignated former par. (3) as par. (4).
Subsec. (a)(5), (6). Pub. L. 92–303, § 1(b)(2), added pars.
(5) and (6).
Subsec. (b). Pub. L. 92–303, §§ 1(c)(1), 2(a), substituted
‘‘widow, child, parent, brother, or sister’’ for ‘‘widow’’
wherever appearing, and inserted provision that this
part would not be considered as a workmen’s compensation law or plan for purposes of section 224 of such Act.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–275 effective 90 days after
Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as
a note under section 902 of this title.

REFERENCES IN TEXT
Grade GS–2, referred to in subsec. (a)(1), is contained
in the General Schedule which is set out under section
5332 of Title 5, Government Organization and Employees.
The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsec. (a)(2), (3), and (5),
is Jan. 1, 1982, except as otherwise provided. See section
206(a) of Pub. L. 97–119, set out as an Effective Date of
1981 Amendment note under section 901 of this title.
The Social Security Act, referred to in subsec. (a)(5),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.
Title II of that Act is classified generally to subchapter
II (§ 401 et seq.) of chapter 7 of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see section 1305 of Title 42 and Tables.
The Internal Revenue Code of 1986, referred to in subsec. (c), is classified to Title 26, Internal Revenue Code.
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–275 substituted ‘‘Secretary’’ for ‘‘Commissioner of Social Security’’ wherever appearing.
1994—Subsec. (a). Pub. L. 103–296 substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever
appearing.
1986—Subsec. (c). Pub. L. 99–514 substituted ‘‘Internal
Revenue Code of 1986’’ for ‘‘Internal Revenue Code of
1954’’.
1981—Subsec. (a)(1). Pub. L. 97–119, § 203(d), substituted ‘‘371⁄2 per centum of the monthly pay rate for
Federal employees in grade GS–2, step 1’’ for ‘‘50 per
centum of the minimum monthly payment to which a
Federal employee in grade GS–2, who is totally disabled, is entitled at the time of payment under chapter
81 of title 5’’.
Subsec. (a)(2). Pub. L. 97–119, § 203(a)(1), inserted
‘‘, except with respect to a claim filed under part C of
this subchapter on or after the effective date of the
Black Lung Amendments of 1981,’’ after ‘‘pneumoconiosis or’’.
Subsec. (a)(3). Pub. L. 97–119, § 203(a)(2), inserted
‘‘, except with respect to a claim filed under part C of
this subchapter on or after the effective date of the
Black Lung Benefits Amendments of 1981,’’ after ‘‘pneumoconiosis or’’ and substituted ‘‘time of his death or’’
for ‘‘time of his death, or’’.
Subsec. (a)(5). Pub. L. 97–119, § 203(a)(3), inserted
‘‘, except with respect to a claim filed under part C of
this subchapter on or after the effective date of the
Black Lung Benefits Amendments of 1981,’’ after ‘‘pneumoconiosis, or’’ and substituted ‘‘time of his death or
who was totally’’ for ‘‘time of his death, or of a miner
who was totally’’.
1978—Subsec. (a)(3). Pub. L. 95–239, § 3(b)(1)(A), inserted reference to any child or children entitled to the
payment of benefits under paragraph (5) of section
921(c) of this title.
Subsec. (a)(5). Pub. L. 95–239, § 3(b)(1)(B), inserted references to the payment of benefits under par. (5) of section 921(c) of this title.
Subsec. (b). Pub. L. 95–239, § 4, substituted ‘‘on account of the disability of such miner due to pneumo-

EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–119 effective Jan. 1, 1982,
except as otherwise provided, see section 206(a) of Pub.
L. 97–119, set out as a note under section 901 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Section 2(b) of Pub. L. 92–303 provided that: ‘‘The
amendment made by this section [amending this section] shall be effective as of December 30, 1969.’’
CALCULATION OF MONTHLY BENEFIT PAYMENTS
Pub. L. 103–333, title V, § 512, Sept. 30, 1994, 108 Stat.
2573, provided that: ‘‘Notwithstanding any other provision of law, monthly benefit rates during fiscal year
1995 and thereafter under part B or part C of the Black
Lung Benefits Act [30 U.S.C. 921 et seq., 931 et seq.]
shall continue to be based on the benefit rates in effect
in September, 1994 and be paid in accordance with the
Act, until exceeded by the benefit rate specified in section 412(a)(1) of the Act [30 U.S.C. 922(a)(1)].’’
Pub. L. 103–112, title V, § 508(a), Oct. 21, 1993, 107 Stat.
1113, provided that: ‘‘Notwithstanding any other provision of law, monthly benefit payments under part B or
part C of the Black Lung Benefits Act [30 U.S.C. 921 et
seq., 931 et seq.] for months after December 1993 and before October 1994 shall be calculated as though the provisions of Federal law prescribing pay rates for Federal
employees continued in effect, without amendment to
or limitation of such provisions, after January 1993.’’

§ 923. Filing of notice of claim
(a) Promulgation of regulations; time requirement
Except as otherwise provided in section 924 of
this title, no payment of benefits shall be made
under this part except pursuant to a claim filed
therefor on or before December 31, 1973, in such
manner, in such form, and containing such information, as the Secretary shall by regulation
prescribe.
(b) Utilization of personnel and procedures; evidence required to establish claim; medical
evidence; affidavits; autopsy reports; reimbursement of expenses
No claim for benefits under this part shall be
denied solely on the basis of the results of a

§ 923

TITLE 30—MINERAL LANDS AND MINING

chest roentgenogram. In determining the validity of claims under this part, all relevant evidence shall be considered, including, where relevant, medical tests such as blood gas studies,
X-ray examination, electrocardiogram, pulmonary function studies, or physical performance tests, and any medical history, evidence
submitted by the claimant’s physician, or his
wife’s affidavits, and in the case of a deceased
miner, other appropriate affidavits of persons
with knowledge of the miner’s physical condition, and other supportive materials. Where
there is no medical or other relevant evidence in
the case of a deceased miner, such affidavits,
from persons not eligible for benefits in such
case with respect to claims filed on or after the
effective date of the Black Lung Benefits
Amendments of 1981, shall be considered to be
sufficient to establish that the miner was totally disabled due to pneumoconiosis or that his
or her death was due to pneumoconiosis. In any
case, other than that involving a claim filed on
or after the effective date of the Black Lung
Benefits Amendments of 1981, in which there is
other evidence that a miner has a pulmonary or
respiratory impairment, the Secretary shall accept a board certified or board eligible radiologist’s interpretation of a chest roentgenogram
which is of a quality sufficient to demonstrate
the presence of pneumoconiosis submitted in
support of a claim for benefits under this subchapter if such roentgenogram has been taken
by a radiologist or qualified technician, except
where the Secretary has reason to believe that
the claim has been fraudulently represented. In
order to insure that any such roentgenogram is
of adequate quality to demonstrate the presence
of pneumoconiosis, and in order to provide for
uniform quality in the roentgenograms, the Secretary of Labor may, by regulation, establish
specific requirements for the techniques used to
take roentgenograms of the chest. Unless the
Secretary has good cause to believe that an autopsy report is not accurate, or that the condition of the miner is being fraudulently misrepresented, the Secretary shall accept such autopsy
report concerning the presence of pneumoconiosis and the stage of advancement of pneumoconiosis. Claimants under this part shall be
reimbursed for reasonable medical expenses incurred by them in establishing their claims. For
purposes of determining total disability under
this part, the provisions of subsections (a), (b),
(c), (d), and (g) of section 221 of such Act [42
U.S.C. 421(a) to (d), (g)] shall be applicable. The
provisions of sections 204, 205(a), (b), (d), (e), (g),
(h), (j), (k), (l), and (n), 206, 207, and 208 of the Social Security Act [42 U.S.C. 404, 405(a), (b), (d),
(e), (g), (h), (j), (k), (l), and (n), 406, 407, 408] shall
be applicable under this part with respect to a
miner, widow, child, parent, brother, sister, or
dependent, as if benefits under this part were
benefits under title II of such Act [42 U.S.C. 401
et seq.]. Each miner who files a claim for benefits under this subchapter shall upon request be
provided an opportunity to substantiate his or
her claim by means of a complete pulmonary
evaluation.

Page 178

(c) Filing of claim for workmen’s compensation;
necessity; exceptions
No claim for benefits under this section shall
be considered unless the claimant has also filed
a claim under the applicable State workmen’s
compensation law prior to or at the same time
his claim was filed for benefits under this section; except that the foregoing provisions of this
paragraph shall not apply in any case in which
the filing of a claim under such law would clearly be futile because the period within which
such a claim may be filed thereunder has expired or because pneumoconiosis is not compensable under such law, or in any other situation
in which, in the opinion of the Secretary, the filing of a claim would clearly be futile.
(d) Employment termination and benefits entitlement
No miner who is engaged in coal mine employment shall (except as provided in section
921(c)(3) of this title) be entitled to any benefits
under this part while so employed. Any miner
who has been determined to be eligible for benefits pursuant to a claim filed while such miner
was engaged in coal mine employment shall be
entitled to such benefits if his or her employment terminates within one year after the date
such determination becomes final.
(Pub. L. 91–173, title IV, § 413, Dec. 30, 1969, 83
Stat. 794; Pub. L. 92–303, §§ 1(c)(5)(A), 4(f), 5(2),
May 19, 1972, 86 Stat. 152, 154, 155; Pub. L. 95–239,
§ 5, Mar. 1, 1978, 92 Stat. 97; Pub. L. 97–119, title
II, § 202(a), (c), Dec. 29, 1981, 95 Stat. 1643; Pub. L.
103–296, title I, § 108(i)(2), Aug. 15, 1994, 108 Stat.
1488; Pub. L. 107–275, § 2(a), (b)(2), Nov. 2, 2002, 116
Stat. 1925.)
REFERENCES IN TEXT
The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsec. (b), is Jan. 1, 1982,
except as otherwise provided. See section 206(a) of Pub.
L. 97–119, set out as an Effective Date of 1981 Amendment note under section 901 of this title.
The Social Security Act, referred to in subsec. (b), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title
II of this Act is classified generally to subchapter II
(§ 401 et seq.) of chapter 7 of Title 42, The Public Health
and Welfare. For complete classification of this Act to
the Code, see section 1305 of Title 42 and Tables.
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–275, § 2(a), substituted
‘‘Secretary’’ for ‘‘Commissioner of Social Security’’.
Subsec. (b). Pub. L. 107–275, § 2(b)(2), substituted ‘‘No’’
for ‘‘In carrying out the provisions of this part, the
Commissioner of Social Security shall to the maximum
extent feasible (and consistent with the provisions of
this part) utilize the personnel and procedures he uses
in determining entitlement to disability insurance benefit payments under section 223 of the Social Security
Act, but no’’.
Pub. L. 107–275, § 2(a), substituted ‘‘Secretary has’’ for
‘‘Commissioner of Social Security has’’ in two places
and ‘‘Secretary shall’’ for ‘‘Commissioner of Social Security shall’’ in two places.
Subsec. (c). Pub. L. 107–275, § 2(a), substituted ‘‘Secretary’’ for ‘‘Commissioner of Social Security’’.
1994—Subsecs. (a) to (c). Pub. L. 103–296 substituted
‘‘Commissioner of Social Security’’ for ‘‘Secretary’’
wherever appearing, except in reference to Secretary of
Labor.
1981—Subsec. (b). Pub. L. 97–119, § 202(a), (c), inserted
‘‘, from persons not eligible for benefits in such case

Page 179

TITLE 30—MINERAL LANDS AND MINING

with respect to claims filed on or after the effective
date of the Black Lung Benefits Amendments of 1981,’’
after ‘‘such affidavits’’ and ‘‘, other than that involving a claim filed on or after the effective date of the
Black Lung Benefits Amendments of 1981,’’ after ‘‘In
any case’’.
1978—Subsec. (b). Pub. L. 95–239, § 5(a), (b), (c), provided that, in the case of a deceased miner where there
is no medical or other relevant evidence, the affidavits
be considered sufficient to establish that the miner was
totally disabled due to pneumoconiosis or that death
was due to pneumoconiosis, directed the Secretary to
accept a board certified or board eligible radiologist’s
interpretation of a chest roentgenogram in cases in
which there is other evidence that a miner has a pulmonary or respiratory impairment, provided for regulations covering roentgenogram techniques, provided for
acceptance by the Secretary of an autopsy report concerning the presence of pneumoconiosis and the stage
of advancement of that pneumoconiosis, directed that
each miner who files a claim for benefits under this
subchapter be provided upon request an opportunity to
substantiate the claim by means of a complete pulmonary evaluation, and, in the reference to the various
subsections of section 405 of Title 42, struck out reference to subsec. (f) and inserted reference to subsec.
(n).
Subsec. (d). Pub. L. 95–239, § 5(d), added subsec. (d).
1972—Subsec. (a). Pub. L. 92–303, § 5(2), substituted
‘‘1973’’ for ‘‘1972’’.
Subsec. (b). Pub. L. 92–303, §§ 1(c)(5)(A), 4(f), inserted
provisions making sections 404 to 408 of title 42 applicable, and for a more liberal consideration of claims for
benefits.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendments by Pub. L. 107–275 effective 90 days after
Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as
a note under section 902 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–119 effective Jan. 1, 1982,
except as otherwise provided, see section 206(a) of Pub.
L. 97–119, set out as a note under section 901 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by section 4(f) of Pub. L. 92–303 effective
Dec. 30, 1969, see section 4(g) of Pub. L. 92–303, set out
as a note under section 921 of this title.
EFFECTIVE DATE FOR THE APPLICATION OF SECTION 405
OF TITLE 42
Section 1(c)(5)(B) of Pub. L. 92–303 provided that:
‘‘Only section 205(b), (g), and (h) of those sections of the
Social Security Act [section 405(b), (g), and (h) of Title
42, The Public Health and Welfare] recited in subparagraph (A) of this paragraph [amending this section]
shall be effective as of the date provided in subsection
(d) of this section.’’
[There is no subsec. (d) in section 1 of Pub. L. 92–303
as it was enacted. However, Senate Report No. 92–743,
at page 30, refers to such a subsec. (d) applying the provisions of section of Pub. L. 92–303 retroactively to Dec.
30, 1969.]

§ 924

§ 924. Time for filing claims
(a) Claims filed before December 31, 1973
(1) No claim for benefits under this part on account of total disability of a miner shall be considered unless it is filed on or before December
31, 1973, or, in the case of a claimant who is a
widow, within six months after the death of her
husband or by December 31, 1973, whichever is
the later.
(2) In the case of a claim by a child this paragraph shall apply, notwithstanding any other
provision of this part.
(A) If such claim is filed within six months following May 1972, and if entitlement to benefits
is established pursuant to such claim, such entitlement shall be effective retroactively from December 30, 1969, or from the date such child
would have been first eligible for such benefit
payments had section 922(a)(3) of this title been
applicable since December 30, 1969, whichever is
the lesser period. If on the date such claim is
filed the claimant is not eligible for benefit payments, but was eligible at any period of time
during the period from December 30, 1969, to the
date such claim is filed, entitlement shall be effective for the duration of eligibility during
such period.
(B) If such claim is filed after six months following May 1972, and if entitlement to benefits
is established pursuant to such claim, such entitlement shall be effective retroactively from a
date twelve months preceding the date such
claim is filed, or from the date such child would
have been first eligible for such benefit payments had section 922(a)(3) of this title been applicable since December 30, 1969, whichever is
the lesser period. If on the date such claim is
filed the claimant is not eligible for benefit payments, but was eligible at any period of time
during the period from a date twelve months
preceding the date such claim is filed, to the
date such claim is filed, entitlement shall be effective for the duration of eligibility during
such period.
(C) No claim for benefits under this part, in
the case of a claimant who is a child, shall be
considered unless it is filed within six months
after the death of his father or mother (whichever last occurred) or by December 31, 1973,
whichever is the later.
(D) Any benefit under subparagraph (A) or (B)
for a month prior to the month in which a claim
is filed shall be reduced, to any extent that may
be necessary, so that it will not render erroneous any benefit which, before the filing of
such claim, the Secretary has certified for payment for such prior month.
(3) No claim for benefits under this part, in the
case of a claimant who is a parent, brother, or
sister shall be considered unless it is filed within
six months after the death of the miner or by
December 31, 1973, whichever is the later.
(b) Filing of claims after June 30, 1973
No benefits shall be paid under this part after
December 31, 1973, if the claim therefor was filed
after June 30, 1973.
(c) Effective date of claims
No benefits under this part shall be payable
for any period prior to the date a claim therefor
is filed.

§ 924a

TITLE 30—MINERAL LANDS AND MINING

(d) Reduction of State benefits
No benefits shall be paid under this part to the
residents of any State which, after December 30,
1969, reduces the benefits payable to persons eligible to receive benefits under this part, under
its State laws which are applicable to its general work force with regard to workmen’s compensation, unemployment compensation, or disability insurance.
(e) Conditions upon payment
No benefits shall be payable to a widow, child,
parent, brother, or sister under this part on account of the death of a miner unless (1) benefits
under this part were being paid to such miner
with respect to disability due to pneumoconiosis
prior to his death, (2) the death of such miner
occurred prior to January 1, 1974, or (3) any such
individual is entitled to benefits under paragraph (5) of section 921(c) of this title.
(Pub. L. 91–173, title IV, § 414, Dec. 30, 1969, 83
Stat. 795; Pub. L. 92–303, §§ 1(c)(1), (6), 5(1)–(3),
May 19, 1972, 86 Stat. 151, 152, 155; Pub. L. 95–239,
§ 3(b)(2), Mar. 1, 1978, 92 Stat. 97; Pub. L. 103–296,
title I, § 108(i)(2), Aug. 15, 1994, 108 Stat. 1488;
Pub. L. 107–275, § 2(a), Nov. 2, 2002, 116 Stat. 1925.)
AMENDMENTS
2002—Subsec. (a)(2)(D). Pub. L. 107–275 substituted
‘‘Secretary’’ for ‘‘Commissioner of Social Security’’.
1994—Subsec. (a)(2)(D). Pub. L. 103–296 substituted
‘‘Commissioner of Social Security’’ for ‘‘Secretary’’.
1978—Subsec. (e). Pub. L. 95–239 added cl. (3) relating
to individuals entitled to benefits under par. (5) of section 921(c) of this title.
1972—Subsec. (a). Pub. L. 92–303, §§ 1(c)(6), 5(2), designated existing provisions as par. (1) and added pars.
(2) and (3), and in par. (1) substituted ‘‘1973’’ for ‘‘1972’’
wherever appearing.
Subsec. (b). Pub. L. 92–303, §§ 5(1), (2), substituted
‘‘June 30, 1973’’ for ‘‘December 31, 1971’’ and ‘‘December
31, 1973’’ for ‘‘December 31, 1971’’.
Subsec. (e). Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted
‘‘widow, child, parent, brother, or sister’’ for ‘‘widow’’
and ‘‘1974’’ for ‘‘1973’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–275 effective 90 days after
Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as
a note under section 902 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.

§ 924a. Repealed. Pub. L. 107–275, § 2(c)(2), Nov. 2,
2002, 116 Stat. 1926
Section, Pub. L. 95–239, § 11, Mar. 1, 1978, 92 Stat. 101,
related to notification to miners of eligibility for medical services and supplies and the period for filing a
claim.
EFFECTIVE DATE OF REPEAL
Repeal effective 90 days after Nov. 2, 2002, see section
4 of Pub. L. 107–275, set out as an Effective Date of 2002
Amendment note under section 902 of this title.

Page 180

§ 925. Procedure for the determination of claims
during transition period
(a) Notwithstanding any other provision in
this subchapter, for the purpose of assuring the
uninterrupted receipt of benefits by claimants
at such time as responsibility for administration of the benefits program is assumed by either a State workmen’s compensation agency or
the Secretary of Labor, any claim for benefits
under this part filed during the period from July
1, 1973 to December 31, 1973, shall be considered
and determined in accordance with the procedures of this section. With respect to any such
claim—
(1) Such claim shall be determined and,
where appropriate under this part or section
9501(d) of title 26, benefits shall be paid with
respect to such claim by the Secretary of
Labor.
(2) The Secretary of Labor shall promptly
notify any operator who he believes, on the
basis of information contained in the claim, or
any other information available to him, may
be liable to pay benefits to the claimant under
part C of this subchapter for any month after
December 31, 1973.
(3) In determining such claims, the Secretary of Labor shall, to the extent appropriate, follow the procedures described in subsections (b), (c), and (d) of section 919 of title
33.
(4) Any operator who has been notified of the
pendency of a claim under paragraph (2) of
this subsection shall be bound by the determination of the Secretary of Labor on such
claim as if the claim had been filed pursuant
to part C of this subchapter and section 932 of
this title had been applicable to such operator.
Nothing in this paragraph shall require any
operator to pay any benefits for any month
prior to January 1, 1974.
(b) The Secretary of Labor may issue such regulations as are necessary or appropriate to carry
out the purpose of this section.
(Pub. L. 91–173, title IV, § 415, as added Pub. L.
92–303, § 7, May 19, 1972, 86 Stat. 156; amended
Pub. L. 97–119, title I, § 104(b)(2), Dec. 29, 1981, 95
Stat. 1639; Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 103–296, title I, § 108(i)(2), Aug.
15, 1994, 108 Stat. 1488; Pub. L. 107–275, § 2(b)(3),
Nov. 2, 2002, 116 Stat. 1925.)
AMENDMENTS
2002—Subsec. (a)(2) to (5). Pub. L. 107–275, § 2(b)(3)(A),
redesignated pars. (3) to (5) as (2) to (4), respectively,
substituted ‘‘paragraph (2)’’ for ‘‘paragraph 4’’ in par.
(4), and struck out former par. (2) which read as follows: ‘‘The manner and place of filing such claim shall
be in accordance with regulations issued jointly by the
Commissioner of Social Security and the Secretary of
Labor, which regulations shall provide, among other
things, that such claims may be filed in district offices
of the Social Security Administration and thereafter
transferred to the jurisdiction of the Department of
Labor for further consideration.’’
Subsec. (b). Pub. L. 107–275, § 2(b)(3)(B), struck out
‘‘, after consultation with the Commissioner of Social
Security,’’ after ‘‘Secretary of Labor’’.
1994—Subsecs. (a)(2), (b). Pub. L. 103–296 substituted
‘‘Commissioner of Social Security’’ for ‘‘Secretary of
Health, Education, and Welfare’’.
1986—Subsec. (a)(1). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code

Page 181

TITLE 30—MINERAL LANDS AND MINING

of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text.
1981—Subsec. (a)(1). Pub. L. 97–119 substituted ‘‘section 9501(d) of title 26’’ for ‘‘section 934 of this title’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–275 effective 90 days after
Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as
a note under section 902 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.

PART C—CLAIMS FOR BENEFITS AFTER
DECEMBER 31, 1973
§ 931. Benefits under State workmen’s compensation laws
(a) Filing
On and after January 1, 1974, any claim for
benefits for death or total disability due to
pneumoconiosis shall be filed pursuant to the
applicable State workmen’s compensation law,
except that during any period when miners or
their surviving widows, children, parents, brothers, or sisters, as the case may be, are not covered by a State workmen’s compensation law
which provides adequate coverage for pneumoconiosis, and in any case in which benefits based
upon eligibility under paragraph (5) of section
921(c) of this title are involved.1 they shall be
entitled to claim benefits under this part.
(b) Adequacy of compensation; listing of States
providing adequate compensation; requisites
for listing
(1) For purposes of this section, a State workmen’s compensation law shall not be deemed to
provide adequate coverage for pneumoconiosis
during any period unless it is included in the list
of State laws found by the Secretary to provide
such adequate coverage during such period. The
Secretary shall, no later than October 1, 1972,
publish in the Federal Register a list of State
workmen’s compensation laws which provide
adequate coverage for pneumoconiosis and shall
revise and republish in the Federal Register
such list from time to time, as may be appropriate to reflect changes in such State laws due
to legislation or judicial or administrative interpretation.
(2) The Secretary shall include a State workmen’s compensation law on such list during any
period only if he finds that during such period
under such law—
(A) benefits must be paid for total disability
or death of a miner due to pneumoconiosis, except that (i) such law shall not be required to
provide such benefits where the miner’s last
employment in a coal mine terminated before
the Secretary’s approval of the State law pursuant to this section; and (ii) each operator of
a coal mine shall secure the payment of benefits pursuant to section 933 of this title with
respect to any miner whose last employment
in a coal mine terminated before the Secretary’s approval of the State law pursuant to
this section;
1 So

in original. The period probably should be a comma.

§ 931

(B) the amount of such cash benefits is substantially equivalent to or greater than the
amount of benefits prescribed by section 922(a)
of this title;
(C) the standards for determining death or
total disability due to pneumoconiosis are
substantially equivalent to section 902(f) of
this title and to those standards established
under this part, and by the regulations of the
Secretary promulgated under this part;
(D) any claim for benefits on account of
total disability of a miner due to pneumoconiosis is deemed to be timely filed if such
claim is filed within three years after a medical determination of total disability due to
pneumoconiosis;
(E) there are in effect provisions with respect to prior and successor operators which
are substantially equivalent to the provisions
contained in section 932(i) of this title; and
(F) there are applicable such other provisions, regulations or interpretations, which
are consistent with the provisions contained
in Public Law 803, 69th Congress (44 Stat. 1424,
approved March 4, 1927), as amended [33 U.S.C.
901 et seq.], which are applicable under section
932(a) of this title, but are not inconsistent
with any of the criteria set forth in subparagraphs (A) through (E) of this paragraph, as
the Secretary, in accordance with regulations
promulgated by him, determines to be necessary or appropriate to assure adequate compensation for total disability or death due to
pneumoconiosis.
The action of the Secretary in including or failing to include any State workmen’s compensation law on such list shall be subject to judicial
review exclusively in the United States court of
appeals for the circuit in which the State is located or the United States Court of Appeals for
the District of Columbia.
(c) Publication in Federal Register; review of
listings
Final regulations required for implementation
of any amendments to this part shall be promulgated and published in the Federal Register at
the earliest practicable date after the date of enactment of such amendments, and in no event
later than the end of the sixth month following
the month in which such amendments are enacted.
(Pub. L. 91–173, title IV, § 421, Dec. 30, 1969, 83
Stat. 795; Pub. L. 92–303, §§ 1(c)(1), 4(e), 5(3), (5),
May 19, 1972, 86 Stat. 151, 154, 155; Pub. L. 95–239,
§§ 3(b)(3), 6, Mar. 1, 1978, 92 Stat. 97, 98.)
REFERENCES IN TEXT
Public Law 803, 69th Congress, referred to in subsec.
(b)(2)(F), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as
amended, popularly known as the Longshore and Harbor Workers’ Compensation Act, which is classified
generally to chapter 18 (§ 901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification
of this Act to the Code, see section 901 of Title 33 and
Tables.
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–239, § 3(b)(3), inserted reference to cases in which benefits based upon eligibility
under par. (5) of section 921(c) of this title are involved.
Subsec. (b)(2)(A). Pub. L. 95–239, § 6(a), added the exceptions set out in cls. (i) and (ii).

TITLE 30—MINERAL LANDS AND MINING

§ 932

Subsec. (b)(2)(C). Pub. L. 95–239, § 6(b), substituted
‘‘established under this part, and by the regulations of
the Secretary promulgated under this part’’ for ‘‘established under part B of this subchapter, and by the regulations of the Secretary of Health, Education, and Welfare promulgated thereunder’’.
Subsec. (b)(2)(D). Pub. L. 95–239, § 6(c), substituted
‘‘total disability of a miner due to pneumoconiosis is
deemed to be timely filed if such claim is filed within
three years after a medical determination of total disability due to pneumoconiosis’’ for ‘‘total disability or
death of a miner due to pneumoconiosis is deemed to be
timely filed if such claim is filed within three years of
the discovery of total disability due to pneumoconiosis,
or the date of such death, as the case may be’’.
1972—Subsec. (a). Pub. L. 92–303, §§ 1(c)(1), 5(3), substituted ‘‘widows, children, parents, brothers, or sisters, as the case may be,’’ for ‘‘widows’’ and ‘‘1974’’ for
‘‘1973’’.
Subsec. (b)(2)(C). Pub. L. 92–303, § 4(e), substituted
‘‘section 902(f) of this title and to those standards established under part B of this subchapter’’ for ‘‘those
established by section 921 of this title’’.
Subsec. (c). Pub. L. 92–303, § 5(5), added subsec. (c).
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by section 4(e) of Pub. L. 92–303 effective
Dec. 30, 1969, see section 4(g) of Pub. L. 92–303, set out
as a note under section 921 of this title.

§ 932. Failure to meet workmen’s compensation
requirements
(a) Benefits; applicability of Longshore and Harbor Workers’ Compensation Act; promulgation of regulations
Subject to section 28(h)(1) of the Longshore
and Harbor Workers’ Compensation Act Amendments of 1984, during any period after December
31, 1973, in which a State workmen’s compensation law is not included on the list published by
the Secretary under section 931(b) of this title,
the provisions of Public Law 803, 69th Congress
(44 Stat. 1424, approved March 4, 1927), as amended [33 U.S.C. 901 et seq.], and as it may be
amended from time to time (other than the provisions contained in sections 1, 2, 3, 4,,1 8, 9, 10,
12, 13, 29, 30, 31, 32, 33, 37, 38, 41, 43, 44, 45, 46, 47,
48, 49, 50, and 51 thereof) [33 U.S.C. 901, 902, 903,
904, 908, 909, 910, 912, 913, 929, 930, 931, 932, 933, 937,
938, 941, 943, 944, 945, 946, 947, 948, 948a, 949, 950],
shall (except as otherwise provided in this subsection or by regulations of the Secretary and
except that references in such Act to the employer shall be considered to refer to the trustees of the fund, as the Secretary considers appropriate and as is consistent with the provisions of section 9501(d) of title 26), be applicable
to each operator of a coal mine in such State
with respect to death or total disability due to
pneumoconiosis arising out of employment in
such mine, or with respect to entitlements established in paragraph (5) of section 921(c) of
this title. In administering this part, the Secretary is authorized to prescribe in the Federal
Register such additional provisions, not inconsistent with those specifically excluded by this
subsection, as he deems necessary to provide for
1 So

in original.

Page 182

the payment of benefits by such operator to persons entitled thereto as provided in this part
and thereafter those provisions shall be applicable to such operator.
(b) Liability of operators
During any such period each such operator
shall be liable for and shall secure the payment
of benefits, as provided in this section and section 933 of this title. An employer, other than an
operator of a coal mine, shall not be required to
secure the payment of such benefits with respect
to any employee of such employer to the extent
such employee is engaged in the transportation
of coal or in coal mine construction. Upon determination by the Secretary of the eligibility of
the employee, the Secretary may require such
employer to secure a bond or otherwise guarantee the payment of such benefits to the employee.
(c) Persons entitled to benefits
Benefits shall be paid during such period by
each such operator under this section to the categories of persons entitled to benefits under section 922(a) of this title in accordance with the
regulations of the Secretary applicable under
this section: Provided, That, except as provided
in subsection (i) of this section, no benefit shall
be payable by any operator on account of death
or total disability due to pneumoconiosis (1)
which did not arise, at least in part, out of employment in a mine during a period after December 31, 1969, when it was operated by such operator; or (2) which was the subject of a claim denied before March 1, 1978, and which is or has
been approved in accordance with the provisions
of section 945 2 of this title.
(d) Monthly payments; amounts; accrual of interest
Benefits payable under this section shall be
paid on a monthly basis and, except as otherwise
provided in this section, such payments shall be
equal to the amounts specified in section 922(a)
of this title. If payment is not made within the
time required, interest shall accrue to such
amounts at the rates set forth in section
934(b)(5) of this title for interest owed to the
fund. With respect to payments withheld pending final adjudication of liability, in the case of
claims filed on or after the effective date of the
Black Lung Benefits Amendments of 1981, such
interest shall commence to accumulate 30 days
after the date of the determination that such an
award should be made.
(e) Conditions upon payment
No payment of benefits shall be required under
this section:
(1) except pursuant to a claim filed therefor
in such manner, in such form, and containing
such information, as the Secretary shall by
regulation prescribe; or
(2) for any period prior to January 1, 1974.
(f) Limitation on filing of claims
Any claim for benefits by a miner under this
section shall be filed within three years after
whichever of the following occurs later—
(1) a medical determination of total disability due to pneumoconiosis; or
2 See

References in Text note below.

Page 183

TITLE 30—MINERAL LANDS AND MINING

(2) March 1, 1978.
(g) Reduction of monthly benefits
The amount of benefits payable under this section shall be reduced, on a monthly or other appropriate basis, by the amount of any compensation received under or pursuant to any Federal
or State workmen’s compensation law because
of death or disability due to pneumoconiosis. In
addition, the amount of benefits payable under
this section with respect to any claim filed on or
after the effective date of the Black Lung Benefits Amendments of 1981 shall be reduced, on a
monthly or other appropriate basis, by the
amount by which such benefits would be reduced
on account of excess earnings of such miner
under section 403(b) through (l) of title 42 if the
amount paid were a benefit payable under section 402 of title 42.
(h) Promulgation of regulations
The Secretary of Labor shall by regulation establish standards, which may include appropriate presumptions, for determining whether
pneumoconiosis arose out of employment in a
particular coal mine or mines. The Secretary
may also, by regulation, establish standards for
apportioning liability for benefits under this
subsection among more than one operator,
where such apportionment is appropriate.
(i) Subsequent operators’ liability for benefit
payments
(1) During any period in which this section is
applicable to the operator of a coal mine who on
or after January 1, 1970, acquired such mine or
substantially all the assets thereof, from a person (hereinafter in this subsection referred to as
a ‘‘prior operator’’) who was an operator of such
mine, or owner of such assets on or after January 1, 1970, such operator shall be liable for and
shall, in accordance with section 933 of this
title, secure the payment of all benefits which
would have been payable by the prior operator
under this section with respect to miners previously employed by such prior operator as if
the acquisition had not occurred and the prior
operator had continued to be an operator of a
coal mine.
(2) Nothing in this subsection shall relieve any
prior operator of any liability under this section.
(3)(A) For purposes of paragraph (1) of this
subsection, the provisions of this paragraph
shall apply to corporate reorganizations, liquidations, and such other transactions as are
specified in this paragraph.
(B) If an operator ceases to exist by reason of
a reorganization or other transaction or series
of transactions which involves a change in identity, form, or place of business or organization,
however effected, the successor operator or
other corporate or business entity resulting
from such reorganization or other change shall
be treated as the operator to whom this section
applies.
(C) If an operator ceases to exist by reason of
a liquidation into a parent or successor corporation, the parent or successor corporation shall
be treated as the operator to whom this section
applies.
(D) If an operator ceases to exist by reason of
a sale of substantially all his or her assets, or as

§ 932

the result of a merger, consolidation, or division, the successor operator, corporation, or
other business entity shall be treated as the operator to whom this section applies.
(4) In any case in which there is a determination under section 9501(d) of title 26 that no operator is liable for the payment of benefits to a
claimant, nothing in this subsection may be
construed to require the payment of benefits to
a claimant by or on behalf of any operator.
(j) Failure of operators to secure benefits
Notwithstanding the provisions of this section, section 9501 of title 26 shall govern the payment of benefits in cases—
(1) described in section 9501(d)(1) of title 26;
(2) in which the miner’s last coal mine employment was before January 1, 1970; or
(3) in which there was a claim denied before
March 1, 1978, and such claim is or has been
approved in accordance with the provisions of
section 945 2 of this title.
(k) Secretary as party in claim proceedings
The Secretary shall be a party in any proceeding relative to a claim for benefits under this
part.
(l) Filing of new claims or refiling or revalidation of claims of miners already determined
eligible at time of death
In no case shall the eligible survivors of a
miner who was determined to be eligible to receive benefits under this subchapter at the time
of his or her death be required to file a new
claim for benefits, or refile or otherwise revalidate the claim of such miner,.3
(Pub. L. 91–173, title IV, § 422, Dec. 30, 1969, 83
Stat. 796; Pub. L. 92–303, §§ 3(a), (b), 5(2)–(4), (9),
8, May 19, 1972, 86 Stat. 153, 155–157; Pub. L.
95–239, §§ 3(b)(4), 7(a)–(h), Mar. 1, 1978, 92 Stat.
97–99; Pub. L. 97–119, title I, § 104(b)(3)–(5), title
II, §§ 203(a)(6), (b), 204, 205(a), Dec. 29, 1981, 95
Stat. 1639, 1644, 1645; Pub. L. 98–426, § 28(h)(2),
Sept. 28, 1984, 98 Stat. 1655; Pub. L. 99–514, § 2,
Oct. 22, 1986, 100 Stat. 2095; Pub. L. 111–148, title
I, § 1556(b), Mar. 23, 2010, 124 Stat. 260.)
REFERENCES IN TEXT
Section 28(h)(1) of the Longshore and Harbor Workers’ Compensation Act Amendments of 1984, referred to
in subsec. (a), is section 28(h)(1) of Pub. L. 98–426, which
is set out as a note under section 907 of Title 33, Navigation and Navigable Waters.
Public Law 803, 69th Congress, referred to in subsec.
(a), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as amended,
popularly known as the Longshore and Harbor Workers’ Compensation Act, which is classified generally to
chapter 18 (§ 901 et seq.) of Title 33. For complete classification of this Act to the Code, see section 901 of Title
33 and Tables.
Section 42 of Public Law 803, referred to in subsec.
(a), was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966,
80 Stat. 647.
Section 43 of Public Law 803, referred to in subsec.
(a), was repealed by Pub. L. 89-348, § 1(15), Nov. 8, 1965,
79 Stat. 1311.
Sections 45, 46, and 47 of Public Law 803, referred to
in subsec. (a), were repealed by Pub. L. 98–426, § 25, Sept.
28, 1984, 98 Stat. 1654.
Section 945 of this title, referred to in subsecs. (c),
(j)(3), was repealed by Pub. L. 107–275, § 2(c)(1), Nov. 2,
2002, 116. Stat. 1926.
3 So

in original.

§ 932a

TITLE 30—MINERAL LANDS AND MINING

The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsecs. (d) and (g), is Jan.
1, 1982, except as otherwise provided. See section 206(a)
of Pub. L. 97–119, set out as an Effective Date of 1981
Amendment note under section 901 of this title.
AMENDMENTS
2010—Subsec. (l). Pub. L. 111–148 struck out ‘‘, except
with respect to a claim filed under this part on or after
the effective date of the Black Lung Benefits Amendments of 1981’’ after ‘‘claim of such miner’’.
1986—Subsecs. (a), (i)(4), (j). Pub. L. 99–514 substituted
‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue
Code of 1954’’ wherever appearing, which for purposes of
codification was translated as ‘‘title 26’’ thus requiring
no change in text.
1984—Subsec. (a). Pub. L. 98–426 substituted ‘‘Subject
to section 28(h)(1) of the Longshore and Harbor Workers’ Compensation Act Amendments of 1984, during’’ for
‘‘During’’.
1981—Subsec. (a). Pub. L. 97–119, § 104(b)(3), substituted ‘‘section 9501(d) of title 26’’ for ‘‘section 934 of
this title’’.
Subsec. (c). Pub. L. 97–119, § 205(a)(1), substituted ‘‘due
to pneumoconiosis (1)’’ for ‘‘due to pneumoconiosis’’
and added cl. (2).
Subsec. (d). Pub. L. 97–119, § 204, inserted provision relating to accrual of interest if payment is not made
within the time required and accumulation of interest
with respect to payments withheld pending final adjudication of liability in the case of claims filed on or
after the effective date of the Black Lung Benefits
Amendments of 1981.
Subsec. (g). Pub. L. 97–119, § 203(b), inserted provision
reducing the amount of benefits payable under this section with respect to any claim filed on or after the effective date of the Black Lung Benefits Amendments of
1981.
Subsec. (i)(4). Pub. L. 97–119, § 104(b)(4), substituted
‘‘section 9501(d) of title 26’’ for ‘‘section 934 of this
title’’.
Subsec. (j). Pub. L. 97–119, §§ 104(b)(5), 205(a)(2), substituted in provision preceding par. (1) ‘‘section 9501 of
title 26’’ for ‘‘section 934 of this title’’ and in par. (1)
‘‘section 9501(d)(1) of title 26’’ for ‘‘section 934(a)(1) of
this title’’ and added par. (3).
Subsec. (l). Pub. L. 97–119, § 203(a)(6), inserted before
period at end ‘‘, except with respect to a claim filed
under this part on or after the effective date of the
Black Lung Benefits Amendments of 1981,’’.
1978—Subsec. (a). Pub. L. 95–239, §§ 3(b)(4), 7(a), inserted ‘‘, and as it may be amended from time to time’’
after ‘‘as amended’’, inserted a comma after ‘‘and 51
thereof)’’, substituted ‘‘or by regulations of the Secretary and except that references in such Act to the
employer shall be considered to refer to the trustees of
the fund, as the Secretary considers appropriate and as
is consistent with the provisions of section 934 of this
title)’’ for ‘‘and except as the Secretary shall by regulation otherwise provide)’’, and inserted ‘‘, or with respect to entitlements established in paragraph (5) of
section 921(c) of this title’’ after ‘‘with respect to death
or total disability due to pneumoconiosis arising out of
employment in such mine’’.
Subsec. (b). Pub. L. 95–239, § 7(b), provided that an employer, other than an operator of a coal mine, shall not
be required to secure the payment of benefits with respect to any employee of that employer to the extent
that the employee is engaged in the transportation of
coal or in coal mine construction and authorized the
Secretary to require an employer to secure a bond or
otherwise guarantee the payment of benefits.
Subsec. (c). Pub. L. 95–239, § 7(c), struck out reference
to regulations of the Secretary of Health, Education,
and Welfare and substituted ‘‘employment in a mine
during a period after December 31, 1969, when it was operated’’ for ‘‘employment in a mine during the period
when it was operated’’.
Subsec. (e)(3). Pub. L. 95–239, § 7(d), struck out par. (3)
which had provided that no payment of benefits could

Page 184

be required under this section for any period after
twelve years after Dec. 30, 1969.
Subsec. (f). Pub. L. 95–239, § 7(e), provided that any
claim for benefits by a miner under this section be filed
within three years after the later of either a medical
determination of total disability due to pneumoconiosis or March 1, 1978, and struck out provisions
which had set special limitations on the filing of a
claim by a widow.
Subsec. (h). Pub. L. 95–239, § 7(f), struck out provision
under which the regulations of the Secretary of Health,
Education, and Welfare promulgated under section 921
of this title had also been applicable to claims under
this section.
Subsec. (i)(1). Pub. L. 95–239, § 7(g), imposed claim liability on operators who acquired a mine from a prior
operator on or after Jan. 1, 1970, with respect to benefits to miners previously employed by a prior operator,
as if the acquisition had not occurred.
Subsec. (i)(2). Pub. L. 95–239, § 7(g), reenacted par. (2)
without change.
Subsec. (i)(3), (4). Pub. L. 95–239, § 7(g), added pars. (3)
and (4).
Subsecs. (j) to (l). Pub. L. 95–239, § 7(h), added subsecs.
(j) to (l).
1972—Subsec. (a). Pub. L. 92–303, §§ 3(b), 5(2), (9), substituted ‘‘a coal mine’’ for ‘‘an underground coal
mine’’, ‘‘1973’’ for ‘‘1972’’ and struck out reference to
section 7 of Pub. L. 803, 69th Congress (44 Stat. 1424, approved March 4, 1927), respectively,
Subsec. (e)(2). Pub. L. 92–303, § 5(3), substituted ‘‘January 1, 1974’’ for ‘‘January 1, 1973’’.
Subsec. (e)(3). Pub. L. 92–303, § 5(4), substituted
‘‘twelve years’’ for ‘‘seven years’’.
Subsec. (f). Pub. L. 92–303, § 8, designated existing provisions as par. (1) and added par. (2).
Subsec. (h). Pub. L. 92–303, § 3(a), substituted ‘‘coal
mine’’ for ‘‘underground coal mine’’.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–148 applicable with respect to claims filed under parts B and C of this subchapter after Jan. 1, 2005, that are pending on or after
Mar. 23, 2010, see section 1556(c) of Pub. L. 111–148, set
out as a note under section 921 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–426 effective Sept. 28, 1984,
and applicable both with respect to claims filed after
such date and to claims pending on such date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of Title 33, Navigation and Navigable Waters.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by sections 203(a)(6), (b), 204, 205(a) of
Pub. L. 97–119 effective Jan. 1, 1982, except as otherwise
provided, see section 206(a) of Pub. L. 97–119, set out as
a note under section 901 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by section 3(a), (b) of Pub. L. 92–303 effective Dec. 30, 1969, see section 3(c) of Pub. L. 92–303, set
out as a note under section 901 of this title.

§ 932a. Appointment of qualified individuals to
hear and determine claims for benefits
Qualified individuals appointed by the Secretary of Labor may hear and determine claims
for benefits under part B or part C of title IV of
the Federal Coal Mine Health and Safety Act of
1969 1 [30 U.S.C. 921 et seq., 931 et seq.] and under
1 See

References in Text note below.

Page 185

TITLE 30—MINERAL LANDS AND MINING

section 415 of such Act [30 U.S.C. 925]. For purposes of this section, the term ‘‘qualified individual’’ means such an individual, regardless of
whether that individual is a hearing examiner
appointed under section 3105 of title 5. Nothing
in this section shall be deemed to imply that
there is or is not in effect any authority for such
individuals to hear and determine such claims
under any provision of law other than this section.
(Pub. L. 94–504, Oct. 15, 1976, 90 Stat. 2428; Pub.
L. 107–275, § 2(b)(5), Nov. 2, 2002, 116 Stat. 1926.)
REFERENCES IN TEXT
The Federal Coal Mine Health and Safety Act of 1969,
referred to in text, is Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, as amended, which was renamed the Federal
Mine Safety and Health Act of 1977 by Pub. L. 95–164,
title I, § 101, Nov. 9, 1977, 91 Stat. 1290. Parts B and C of
title IV of the Federal Mine Safety and Health Act of
1977 are classified generally to part B (§ 921 et seq.) of
this subchapter and to this part (§ 931 et seq.), respectively. For complete classification of this Act to the
Code, see Short Title note set out under section 801 of
this title and Tables.
CODIFICATION
Section was not enacted as part of the Federal Mine
Safety and Health Act of 1977 which comprises this
chapter or the Black Lung Benefits Act which comprises this subchapter.
AMENDMENTS
2002—Pub. L. 107–275 substituted ‘‘under part B or
part C’’ for ‘‘under part C’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–275 effective 90 days after
Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as
a note under section 902 of this title.
EXTENSION OF ADJUDICATION PERIOD THROUGH
MARCH 1, 1979
Pub. L. 95–239, § 7(i), Mar. 1, 1978, 92 Stat. 100, authorized individuals appointed to hear and determine
claims for benefits under this part and under section
925 of this title pursuant to this section, notwithstanding the provisions of section 932(a) of this title, to continue to adjudicate such claims during the one-year period following Mar. 1, 1978.

§ 933. Duties of operators in States not qualifying
under workmen’s compensation laws
(a) Securing of benefits for miners; self-insurers;
mutual companies
During any period in which a State workmen’s
compensation law is not included on the list
published by the Secretary under section 931(b)
of this title each operator of a coal mine in such
State shall secure the payment of benefits for
which he is liable under section 932 of this title
by (1) qualifying as a self-insurer in accordance
with regulations prescribed by the Secretary, or
(2) insuring and keeping insured the payment of
such benefits with any stock company or mutual
company or association, or with any other person or fund, including any State fund, while
such company, association, person or fund is authorized under the laws of any State to insure
workmen’s compensation.
(b) Required provisions of insurance contracts
In order to meet the requirements of clause (2)
of subsection (a) of this section, every policy or
contract of insurance must contain—

§ 933

(1) a provision to pay benefits required under
section 932 of this title, notwithstanding the
provisions of the State workmen’s compensation law which may provide for lesser payments;
(2) a provision that insolvency or bankruptcy of the operator or discharge therein (or
both) shall not relieve the carrier from liability for such payments; and
(3) such other provisions as the Secretary,
by regulation, may require.
(c) Cancellation of insurance contracts
No policy or contract of insurance issued by a
carrier to comply with the requirements of
clause (2) of subsection (a) of this subsection 1
shall be canceled prior to the date specified in
such policy or contract for its expiration until
at least thirty days have elapsed after notice of
cancellation has been sent by registered or certified mail to the Secretary and to the operator
at his last known place of business.
(d) Penalties for failure to secure payment of
benefits
(1) Any employer required to secure the payment of benefits under this section who fails to
secure such benefits shall be subject to a civil
penalty assessed by the Secretary of not more
than $1,000 for each day during which such failure occurs. In any case where such employer is
a corporation, the president, secretary, and
treasurer thereof also shall be severally liable to
such civil penalty as provided in this subsection
for the failure of such corporation to secure the
payment of benefits. Such president, secretary,
and treasurer shall be severally personally liable, jointly with such corporation, for any benefit which may accrue under this subchapter in
respect to any disability which may occur to
any employee of such corporation while it shall
so fail to secure the payment of benefits as required by this section.
(2) Any employer of a miner who knowingly
transfers, sells, encumbers, assigns, or in any
manner disposes of, conceals, secrets,2 or destroys any property belonging to such employer,
after any miner employed by such employer has
filed a claim under this subchapter, and with intent to avoid the payment of benefits under this
subchapter to such miner or his or her dependents, shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of
not more than $1,000, or by imprisonment for not
more than one year, or both. In any case where
such employer is a corporation, the president,
secretary, and treasurer thereof also shall be
severally liable for such penalty of imprisonment as well as jointly liable with such corporation for such fine.
(3) This subsection shall not affect any other
liability of the employer under this part.
(Pub. L. 91–173, title IV, § 423, Dec. 30, 1969, 83
Stat. 797; Pub. L. 92–303, § 3(b), May 19, 1972, 86
Stat. 153; Pub. L. 95–239, § 8, Mar. 1, 1978, 92 Stat.
100.)
AMENDMENTS
1978—Subsec. (d). Pub. L. 95–239 added subsec. (d).
1 So
2 So

in original. Probably should be ‘‘section’’.
in original. Probably should be ‘‘secretes,’’.

§ 934

TITLE 30—MINERAL LANDS AND MINING

1972—Subsec. (a). Pub. L. 92–303 substituted ‘‘a coal
mine’’ for ‘‘an underground coal mine’’.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92–303 effective Dec. 30, 1969,
see section 3(c) of Pub. L. 92–303, set out as a note under
section 901 of this title.

§ 934. ‘‘Fund’’ defined; liability of operators to
United States for repayments to fund; procedures applicable; rate of interest
(a) For purposes of this section, the term
‘‘fund’’ has the meaning set forth in section
902(h) of this title.
(b)(1) If—
(A) an amount is paid out of the fund to an
individual entitled to benefits under section
932 of this title, and
(B) the Secretary determines, under the provisions of sections 932 and 933 of this title,
that an operator was required to secure the
payment of all or a portion of such benefits,
then the operator is liable to the United States
for repayment to the fund of the amount of such
benefits the payment of which is properly attributed to him plus interest thereon. No operator or representative of operators may bring any
proceeding, or intervene in any proceeding, held
for the purpose of determining claims for benefits to be paid by the fund, except that nothing
in this section shall affect the rights, duties, or
liabilities of any operator in proceedings under
section 932 or section 933 of this title. In a case
where no operator responsibility is assigned pursuant to sections 932 and 933 of this title, a determination by the Secretary that the fund is
liable for the payment of benefits shall be final.
(2) If any operator liable to the fund under
paragraph (1) refuses to pay, after demand, the
amount of such liability (including interest),
then there shall be a lien in favor of the United
States for such amount upon all property and
rights to property, whether real or personal, belonging to such operator. The lien arises on the
date on which such liability is finally determined, and continues until it is satisfied or becomes unenforceable by reason of lapse of time.
(3)(A) Except as otherwise provided under this
subsection, the priority of the lien shall be determined in the same manner as under section
6323 of title 26. That section shall be applied for
such purposes—
(i) by substituting ‘‘lien imposed by section
424(b)(2) of the Federal Mine Safety and Health
Act of 1977’’ for ‘‘lien imposed by section 6321’’;
‘‘operator liability lien’’ for ‘‘tax lien’’; ‘‘operator’’ for ‘‘taxpayer’’; ‘‘lien arising under section 424(b)(2) of the Federal Mine Safety and
Health Act of 1977’’ for ‘‘assessment of the
tax’’; ‘‘payment of the liability is made to the
Black Lung Disability Trust Fund’’ for ‘‘satisfaction of a levy pursuant to section 6332(b)’’;
and ‘‘satisfaction of operator liability’’ for
‘‘collection of any tax under this title’’ each
place such terms appear; and
(ii) by treating all references to the ‘‘Secretary’’ as references to the Secretary of
Labor.

Page 186

(B) In the case of a bankruptcy or insolvency
proceeding, the lien imposed under paragraph (2)
shall be treated in the same manner as a lien for
taxes due and owing to the United States for
purposes of the Bankruptcy Act or section
3713(a) of title 31.
(C) For purposes of applying section 6323(a) of
title 26 to determine the priority between the
lien imposed under paragraph (2) and the Federal tax lien, each lien shall be treated as a
judgment lien arising as of the time notice of
such lien is filed.
(D) For purposes of this subsection, notice of
the lien imposed under paragraph (2) shall be
filed in the same manner as under subsections
(f) and (g) of section 6323 of title 26.
(4)(A) In any case where there has been a refusal or neglect to pay the liability imposed
under paragraph (2), the Secretary may bring a
civil action in a district court of the United
States to enforce the lien of the United States
under this section with respect to such liability
or to subject any property, of whatever nature,
of the operator, or in which he has any right,
title, or interest, to the payment of such
liability.
(B) The liability imposed by paragraph (1) may
be collected at a proceeding in court if the proceeding is commenced within 6 years after the
date on which the liability was finally determined, or before the expiration of any period for
collection agreed upon in writing by the operator and the United States before the expiration
of such 6-year period. The running of the period
of limitation provided under this subparagraph
shall be suspended for any period during which
the assets of the operator are in the custody or
control of any court of the United States, or of
any State, or the District of Columbia, and for
6 months thereafter, and for any period during
which the operator is outside the United States
if such period of absence is for a continuous period of at least 6 months.
(5) The rate of interest under this subsection—
(A) for any period during calendar year 1982,
shall be 15 percent, and
(B) for any period after calendar year 1982,
shall be the rate established by section 6621 of
title 26 which is in effect for such period.
(Pub. L. 91–173, title IV, § 424, Dec. 30, 1969, 83
Stat. 798; Pub. L. 92–303, § 1(c)(1), May 19, 1972, 86
Stat. 151; Pub. L. 95–227, § 3(d), Feb. 10, 1978, 92
Stat. 13; Pub. L. 96–222, title I, § 108(b)(2)(A), Apr.
1, 1980, 94 Stat. 226; Pub. L. 97–119, title I,
§ 104(a)(1), (2), (b)(6), Dec. 29, 1981, 95 Stat. 1639;
Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
REFERENCES IN TEXT
Section 424(b)(2) of the Federal Mine Safety and
Health Act of 1977, referred to in subsec. (b)(3)(A)(i), is
subsec. (b)(2) of this section.
Section 6321, referred to in subsec. (b)(3)(A)(i), means
section 6321 of Title 26, Internal Revenue Code.
Section 6332(b), referred to in subsec. (b)(3)(A)(i),
means section 6332(b) of Title 26.
The Bankruptcy Act, referred to in subsec. (b)(3)(B),
is act July 1, 1898, ch. 541, 30 Stat. 544, as amended,
which was classified generally to former Title 11, Bankruptcy. The Act was repealed effective Oct. 1, 1979, by
Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682,
section 101 of which enacted revised Title 11.

Page 187

TITLE 30—MINERAL LANDS AND MINING
CODIFICATION

In subsec. (b)(3)(B), ‘‘section 3713(a) of title 31’’ substituted for ‘‘section 3466 of the Revised Statutes (31
U.S.C. 191)’’ on authority of Pub. L. 97–258, § 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
AMENDMENTS
1986—Subsec. (b)(3)(A), (C), (D), (5)(B). Pub. L. 99–514
substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no
change in text.
1981—Subsec. (a). Pub. L. 97–119, § 104(b)(6), substituted provision defining ‘‘fund’’ as used in this section for provision specifying payments, repayments,
and reimbursements which funds from the Black Lung
Disability Trust Fund would be available to pay.
Subsec. (b)(1). Pub. L. 97–119, § 104(a)(2), inserted ‘‘plus
interest thereon’’ after ‘‘attributed to him’’.
Subsec. (b)(5). Pub. L. 97–119, § 104(a)(1), added par. (5).
1980—Subsec. (b)(3)(A)(i). Pub. L. 96–222 substituted
‘‘Federal Mine Safety and Health Act of 1977’’ for ‘‘Federal Coal Mine Health and Safety Act of 1969’’.
1978—Pub. L. 95–227 added subsec. (a), redesignated
existing provisions constituting entire section as subsec. (b) and expanded applicability and set out procedures for enforcement of rights of United States
against operators liable to the Fund.
1972—Pub. L. 92–303 substituted ‘‘widow, child, parent,
brother, or sister’’ for ‘‘widow’’ wherever appearing.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 104(a)(3) of Pub. L. 97–119 provided that: ‘‘The
amendment made by paragraph (1) [amending this section] shall take effect on January 1, 1982, and shall
apply to amounts outstanding on such date or arising
thereafter.’’
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–222 effective as if included
in the provisions of Pub. L. 95–227, which amended this
section effective Apr. 1, 1978, see section 108(b)(4) of
Pub. L. 96–222, set out as a note under section 192 of
Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 1978 AMENDMENT
Section 3(e) of Pub. L. 95–227 provided that: ‘‘This section [enacting section 934a of this title and amending
this section] shall take effect on April 1, 1978.’’

§ 934a. Repealed. Pub. L. 97–119, title I, § 103(b),
Dec. 29, 1981, 95 Stat. 1638
Section, Pub. L. 95–227, § 3(a)–(c), Feb. 10, 1978, 92 Stat.
12; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat.
695; Pub. L. 96–222, title I, § 108(b)(2)(A), (3)(A), Apr. 1,
1980, 94 Stat. 226, established a Black Lung Disability
Trust Fund, designated trustees for the fund, and provided for operation of the fund. See section 9501 of Title
26, Internal Revenue Code.
EFFECTIVE DATE OF REPEAL
Repeal effective Jan. 1, 1982, see section 103(d)(1) of
Pub. L. 97–119, set out as an Effective Date note under
section 9501 of Title 26, Internal Revenue Code.
PROVISIONS RELATING TO PAYMENT OF BENEFITS TO
MINERS AND ELIGIBLE SURVIVORS OF MINERS TO
TAKE EFFECT AS RULES AND REGULATIONS OF SECRETARY OF LABOR
Pub. L. 95–239, § 20(b), Mar. 1, 1978, 92 Stat. 106, provided that in the event that the payment of benefits to
miners and to eligible survivors of miners cannot be
made from the Black Lung Disability Trust Fund established by section 3(a) of the Black Lung Benefits
Revenue Act of 1977 [former subsec. (a) of this section],
the provisions of the Act relating to the payment of

§ 936

benefits to miners and to eligible survivors of miners,
as in effect immediately before the date of the enactment of this Act [Mar. 1, 1978], shall take effect, as
rules and regulations of the Secretary of Labor until
such provisions are revoked, amended, or revised by
law, and that the Secretary of Labor may promulgate
additional rules and regulations to carry out such provisions and shall make benefit payments to miners and
to eligible survivors of miners in accordance with such
provisions.

§ 935. Utilization of services of State and local
agencies
With the consent and cooperation of State
agencies charged with administration of State
workmen’s compensation laws, the Secretary
may, for the purpose of carrying out his functions and duties under section 932 of this title,
utilize the services of State and local agencies
and their employees and, notwithstanding any
other provision of law, may advance funds to or
reimburse such State and local agencies and
their employees for services rendered for such
purposes.
(Pub. L. 91–173, title IV, § 425, Dec. 30, 1969, 83
Stat. 798.)
§ 936. Regulations and reports
(a) Promulgation; applicability of section 553 of
title 5
The Secretary of Labor and the Secretary of
Health and Human Services are authorized to
issue such regulations as each deems appropriate to carry out the provisions of this subchapter. Such regulations shall be issued in conformity with section 553 of title 5, notwithstanding subsection (a) thereof.
(b) Annual reports to Congress
At the end of fiscal year 2003 and each succeeding fiscal year, the Secretary of Labor shall submit to the Congress an annual report on the subject matter of this part and part B of this subchapter. Each such report shall be prepared and
submitted to Congress in accordance with the
requirement with respect to submission under
section 942 of title 33.
(c) Compliance with State workmen’s compensation laws; conflicts between State and Federal provisions
Nothing in this subchapter shall relieve any
operator of the duty to comply with any State
workmen’s compensation law, except insofar as
such State law is in conflict with the provisions
of this subchapter and the Secretary by regulation, so prescribes. The provisions of any State
workmen’s compensation law which provide
greater benefits than the benefits payable under
this subchapter shall not thereby be construed
or held to be in conflict with the provisions of
this subchapter.
(Pub. L. 91–173, title IV, § 426, Dec. 30, 1969, 83
Stat. 798; Pub. L. 92–303, § 5(3), May 19, 1972, 86
Stat. 155; Pub. L. 103–296, title I, § 108(i)(3), Aug.
15, 1994, 108 Stat. 1488; Pub. L. 104–66, title I,
§ 1102(b)(2), Dec. 21, 1995, 109 Stat. 723; Pub. L.
107–275, § 2(b)(4), Nov. 2, 2002, 116 Stat. 1926.)
REFERENCES IN TEXT
Section 942 of title 33, referred to in subsec. (b), was
in the original ‘‘section 42 of the Longshore Harbor

TITLE 30—MINERAL LANDS AND MINING

§ 937

Worker’s Compensation Act’’ and was translated as
reading ‘‘section 42 of the Longshore and Harbor Workers’ Compensation Act’’ to reflect the probable intent
of Congress.
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–275, § 2(b)(4)(A), struck
out ‘‘, the Commissioner of Social Security,’’ after
‘‘The Secretary of Labor’’.
Subsec. (b). Pub. L. 107–275, § 2(b)(4)(B), amended first
sentence generally. Prior to amendment, first sentence
read as follows: ‘‘At the end of each fiscal year, the
Commissioner of Social Security shall submit to the
Congress an annual report upon the subject matter of
part B of this subchapter, and, after January 1, 1974,
the Secretary of Labor shall also submit such a report
upon the subject matter of this part.’’
1995—Subsec. (b). Pub. L. 104–66 substituted ‘‘At the
end of each fiscal year, the’’ for ‘‘Within 120 days following the convening of each session of Congress the’’
and inserted at end ‘‘Each such report shall be prepared
and submitted to Congress in accordance with the requirement with respect to submission under section 942
of title 33.’’
1994—Subsec. (a). Pub. L. 103–296, § 108(i)(3)(A), substituted ‘‘, the Commissioner of Social Security, and
the Secretary of Health and Human Services’’ for ‘‘and
the Secretary of Health, Education, and Welfare’’.
Subsec. (b). Pub. L. 103–296, § 108(i)(3)(B), substituted
‘‘Commissioner of Social Security’’ for ‘‘Secretary of
Health, Education, and Welfare’’.
1972—Subsec. (b). Pub. L. 92–303 substituted ‘‘January
1, 1974’’ for ‘‘January 1, 1973’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–275 effective 90 days after
Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as
a note under section 902 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.

§ 937. Contracts and grants
(a) Construction, purchase, and operation of
fixed-site and mobile clinical facilities
The Secretary of Health and Human Services
is authorized to enter into contracts with, and
make grants to, public and private agencies and
organizations and individuals for the construction, purchase, and operation of fixed-site and
mobile clinical facilities for the analysis, examination, and treatment of respiratory and pulmonary impairments in active and inactive coal
miners. The Secretary shall coordinate the making of such contracts and grants with the Appalachian Regional Commission.
(b) Research activities
The Secretary of Health and Human Services
shall initiate research within the National Institute for Occupational Safety and Health, and is
authorized to make research grants to public
and private agencies and organizations and individuals for the purpose of devising simple and effective tests to measure, detect, and treat respiratory and pulmonary impairments in active
and inactive coal miners. Any grant made pursuant to this subsection shall be conditioned
upon all information, uses, products, processes,
patents, and other developments resulting from
such research being available to the general
public, except to the extent of such exceptions

Page 188

and limitations as the Secretary of Health and
Human Services may deem necessary in the public interest.
(c) Authorization of appropriations
There is hereby authorized to be appropriated
for the purpose of subsection (a) of this section
$10,000,000 for each fiscal year. There are hereby
authorized to be appropriated for the purposes of
subsection (b) of this section such sums as are
necessary.
(Pub. L. 91–173, title IV, § 427, as added Pub. L.
92–303, § 5(6), May 19, 1972, 86 Stat. 155; amended
Pub. L. 95–239, § 9, Mar. 1, 1978, 92 Stat. 100; Pub.
L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat.
695.)
AMENDMENTS
1978—Subsec. (c). Pub. L. 95–239 substituted
‘‘$10,000,000 for each fiscal year’’ for ‘‘$10,000,000 for each
of the fiscal years ending June 30, 1973, June 30, 1974,
and June 30, 1975’’.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (a) and (b) pursuant to section 509(b)
of Pub. L. 96–88 which is classified to section 3508(b) of
Title 20, Education.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.

§ 938. Miners suffering from pneumoconiosis; discrimination prohibited
(a) Mine operators
No operator shall discharge or in any other
way discriminate against any miner employed
by him by reason of the fact that such miner is
suffering from pneumoconiosis. No person shall
cause or attempt to cause an operator to violate
this section. For the purposes of this subsection
the term ‘‘miner’’ shall not include any person
who has been found to be totally disabled.
(b) Determination by Secretary; procedure
Any miner who believes that he has been discharged or otherwise discriminated against by
any person in violation of subsection (a) of this
section, or any representative of such miner
may, within ninety days after such violation occurs, apply to the Secretary for a review of such
alleged discharge or discrimination. A copy of
the application shall be sent to such person who
shall be the respondent. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate.
Such investigation shall provide an opportunity
for a public hearing at the request of any party
to enable the parties to present information relating to such violation. The parties shall be
given written notice of the time and place of the
hearing at least five days prior to the hearing.
Any such hearing shall be of record and shall be
subject to section 554 of title 5. Each administrative law judge presiding under this section
and under the provisions of subchapters I, II and
III of this chapter shall receive compensation at
a rate determined under section 5372 of title 5.
Upon receiving the report of such investigation,

Page 189

TITLE 30—MINERAL LANDS AND MINING

the Secretary shall make findings of fact. If he
finds that such violation did occur, he shall
issue a decision, incorporating an order therein,
requiring the person committing such violation
to take such affirmative action as the Secretary
deems appropriate, including, but not limited
to, the rehiring or reinstatement of the miner to
his former position with back pay. If he finds
that there was no such violation, he shall issue
an order denying the application. Such order
shall incorporate the Secretary’s findings therein.
(c) Costs and penalties
Whenever an order is issued under this subsection granting relief to a miner at the request
of such miner, a sum equal to the aggregate
amount of all costs and expenses (including the
attorney’s fees) as determined by the Secretary
to have been reasonably incurred by such miner
for, or in connection with, the institution and
prosecution of such proceedings, shall be assessed against the person committing the violation.
(Pub. L. 91–173, title IV, § 428, as added Pub. L.
92–303, § 5(7), May 19, 1972, 86 Stat. 155; amended
Pub. L. 95–251, § 2(a)(9), Mar. 27, 1978, 92 Stat. 183;
Pub. L. 101–509, title V, § 529 [title I, § 104(d)(3)],
Nov. 5, 1990, 104 Stat. 1427, 1447.)
AMENDMENTS
1990—Subsec. (b). Pub. L. 101–509 amended seventh
sentence generally, substituting ‘‘determined under
section 5372 of title 5’’ for ‘‘not less than that prescribed for GS–16 under section 5332 of title 5’’.
1978—Subsec. (b). Pub. L. 95–251 substituted ‘‘administrative law judge’’ for ‘‘hearing examiner’’.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–509 effective on such date
as the President shall determine, but not earlier than
90 days, and not later than 180 days, after Nov. 5, 1990,
see section 529 [title III, § 305] of Pub. L. 101–509, set out
as a note under section 5301 of Title 5, Government Organization and Employees.

§ 939. Authorization of appropriations
There is authorized to be appropriated to the
Secretary of Labor such sums as may be necessary to carry out his responsibilities under
this subchapter. Such sums shall remain available until expended.
(Pub. L. 91–173, title IV, § 429, as added Pub. L.
92–303, § 5(8), May 19, 1972, 86 Stat. 156.)
§ 940. Applicability of amendments to part B of
this subchapter to this part
The amendments made by the Black Lung
Benefits Act of 1972, the Black Lung Benefits
Reform Act of 1977 and the Black Lung Benefits
Amendments of 1981 to part B of this subchapter
shall, to the extent appropriate, also apply to
this part.
(Pub. L. 91–173, title IV, § 430, as added Pub. L.
92–303, § 5(10), May 19, 1972, 86 Stat. 156; amended
Pub. L. 95–239, § 10, Mar. 1, 1978, 92 Stat. 100; Pub.
L. 97–119, title II, § 202(d), Dec. 29, 1981, 95 Stat.
1643.)

§ 942

amended, which is classified generally to sections 901,
902, 921 to 925, 931 to 934, and 936 to 941 of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 901 of this title
and Tables.
The Black Lung Benefits Reform Act of 1977, referred
to in text, is Pub. L. 95–239, Mar. 1, 1978, 92 Stat. 95. For
complete classification of this Act to the Code, see
Short Title of 1978 Amendment note set out under section 801 of this title and Tables.
The Black Lung Benefits Amendments of 1981, referred to in text, is Pub. L. 97–119, title II, Dec. 29, 1981,
95 Stat. 1643, which amended this section and sections
901, 902, 921, 922, 923, and 932 of this title and enacted
provisions set out as notes under section 901 of this
title. For complete classification of this Act to the
Code, see Short Title of 1981 Amendment note set out
under section 801 of this title and Tables.
AMENDMENTS
1981—Pub. L. 97–119 inserted ‘‘, and the Black Lung
Benefits Amendments of 1981’’.
1978—Pub. L. 95–239 inserted reference to amendments
made by the Black Lung Benefits Reform Act of 1977
and struck out provision that, for the purpose of determining the applicability of the presumption established
by 921(c)(4) of this title to claims filed under this part,
no period of employment after June 30, 1971, could be
considered in determining whether a miner was employed at least fifteen years in one or more underground mines.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–119 effective Jan. 1, 1982,
except as otherwise provided, see section 206(a) of Pub.
L. 97–119, set out as a note under section 901 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.

§ 941. Penalty for false statements or representations
Any person who willfully makes any false or
misleading statement or representation for the
purpose of obtaining any benefit or payment
under this subchapter shall be guilty of a misdemeanor and on conviction thereof shall be
punished by a fine of not more than $1,000, or by
imprisonment for not more than one year, or
both.
(Pub. L. 91–173, title IV, § 431, as added Pub. L.
92–303, § 6, May 19, 1972, 86 Stat. 156; amended
Pub. L. 95–239, § 12(a), Mar. 1, 1978, 92 Stat. 101.)
AMENDMENTS
1978—Pub. L. 95–239 substituted provisions setting the
penalty for making false or misleading statements or
representations for the purpose of obtaining benefits or
payments for provisions relating to the Secretary’s
duty to disseminate to all persons who filed claims
under this subchapter prior to May 19, 1972, information on the review provisions under the Black Lung
Benefits Act of 1972.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–239 effective Mar. 1, 1978,
see section 20(a) of Pub. L. 95–239, set out as a note
under section 901 of this title.

REFERENCES IN TEXT

§ 942. Miner benefit entitlement reports; penalty
for failure or refusal to file

The Black Lung Benefits Act of 1972, referred to in
text, is Pub. L. 92–303, May 19, 1972, 86 Stat. 150, as

(a) The Secretary may by regulation require
employers to file reports concerning miners who

§ 943

TITLE 30—MINERAL LANDS AND MINING

may be or are entitled to benefits under this
part, including the date of commencement and
cessation of benefits and the amount of such
benefits. Any such report shall not be evidence
of any fact stated therein in any proceeding relating to death or total disability due to pneumoconiosis of any miner to which such report
relates.
(b) Any employer who fails or refuses to file
any report required of such employer under this
section shall be subject to a civil penalty of not
more than $500 for each such failure or refusal.
(Pub. L. 91–173, title IV, § 432, as added Pub. L.
95–239, § 12(b), Mar. 1, 1978, 92 Stat. 101.)
EFFECTIVE DATE
Section effective Mar. 1, 1978, see section 20(a) of Pub.
L. 95–239, set out as an Effective Date of 1978 Amendment note under section 901 of this title.

§ 943. Black lung insurance program
(a) Authorization to establish and carry out
The Secretary is authorized to establish and
carry out a black lung insurance program which
will enable operators of coal mines to purchase
insurance covering their obligations under section 932 of this title.
(b) Non-availability of other insurance coverage
The Secretary may exercise his or her authority under this section only if, and to the extent
that, insurance coverage is not otherwise available, at reasonable cost, to operators of coal
mines.
(c) Agreements with coal mine operators; reinsurance agreements
(1) The Secretary may enter into agreements
with operators of coal mines who may be liable
for the payment of benefits under section 932 of
this title, under which the Black Lung Compensation Insurance Fund established under subsection (a) of this section (hereinafter in this
section referred to as the ‘‘insurance fund’’)
shall assume all or part of the liability of such
operator in return for the payment of premiums
to the insurance fund, and on such terms and
conditions as will fully protect the financial solvency of the insurance fund. During any period
in which such agreement is in effect the operator shall be deemed in compliance with the requirements of section 933 of this title with respect to the risks covered by such agreement.
(2) The Secretary may also enter into reinsurance agreements with one or more insurers or
pools of insurers under which, in return for the
payment of premiums to the insurance fund, and
on such terms and conditions as will fully protect the financial solvency of the insurance
fund, the insurance fund shall provide reinsurance coverage for benefits required to be paid
under section 932 of this title.
(d) Terms and conditions of insurability
The Secretary may by regulation provide for
general terms and conditions of insurability as
applicable to operators of coal mines or insurers
eligible for insurance or reinsurance under this
section, including—
(1) the types, classes, and locations of operators or facilities which shall be eligible for
such insurance or reinsurance;

Page 190

(2) the classification, limitation, and rejection of any operator or facility which may be
advisable;
(3) appropriate premiums for different classifications of operators or facilities;
(4) appropriate loss deductibles;
(5) experience rating; and
(6) any other terms and conditions relating
to insurance or reinsurance coverage or exclusion which may be appropriate to carry out
the purposes of this section.
(e) Premium schedule studies and investigations
The Secretary may undertake and carry out
such studies and investigations, and receive or
exchange such information, as may be necessary
to formulate a premium schedule which will enable the insurance and reinsurance authorized
by this section to be provided on a basis which
is (1) in accordance with accepted actuarial principles; and (2) fair and equitable.
(f) Regulations relating to premium rates
(1) On the basis of estimates made by the Secretary in formulating a premium schedule under
subsection (e) of this section, and such other information as may be available, the Secretary
shall from time to time prescribe by regulation
the chargeable premium rates for types and
classes of insurers, operators of coal mines, and
facilities for which insurance or reinsurance
coverage shall be available under this section
and the terms and conditions under which, and
the area within which, such insurance or reinsurance shall be available and such rates shall
apply.
(2) Such premium rates shall be (A) based on
a consideration of the risks involved, taking
into account differences, if any, in risks based
on location, type of operations, facilities, type
of coal, experience, and any other matter which
may be considered under accepted actuarial
principles; and (B) adequate, on the basis of accepted actuarial principles, to provide reserves
for anticipated losses.
(3) All premiums received by the Secretary
shall be paid into the insurance fund.
(g) Black Lung Compensation Insurance Fund
(1) The Secretary may establish in the Department of Labor a Black Lung Compensation Insurance Fund which shall be available, without
fiscal year limitation—
(A) to pay claims of miners for benefits covered by insurance or reinsurance issued under
this section;
(B) to pay the administrative expenses of
carrying out the black lung compensation insurance program under this section; and
(C) to repay to the Secretary of the Treasury
such sums as may be borrowed in accordance
with the authority provided in subsection (i)
of this section.
(2) The insurance fund shall be credited with—
(A) premiums, fees, or other charges which
may be collected in connection with insurance
or reinsurance coverage provided under this
section;
(B) such amounts as may be advanced to the
insurance fund from appropriations in order to
maintain the insurance fund in an operative
condition adequate to meet its liabilities; and

Page 191

TITLE 30—MINERAL LANDS AND MINING

(C) income which may be earned on investments of the insurance fund pursuant to paragraph (3).
(3) If, after all outstanding current obligations
of the insurance fund have been liquidated and
any outstanding amounts which may have been
advanced to the insurance fund from appropriations authorized under subsection (i) of this section have been credited to the appropriation
from which advanced, the Secretary determines
that the moneys of the insurance fund are in excess of current needs, he or she may request the
investment of such amounts as he or she deems
advisable by the Secretary of the Treasury in
public debt securities with maturities suitable
for the needs of the insurance fund and bearing
interest at prevailing market rates.
(h) Omitted
(i) Authorization of appropriations
There are authorized to be appropriated to the
insurance fund, as repayable advances, such
sums as may be necessary to meet obligations
incurred under subsection (g) of this section. All
such sums shall remain available without fiscal
year limitation. Advances made pursuant to this
subsection shall be repaid, with interest, to the
general fund of the Treasury when the Secretary
determines that moneys are available in the insurance fund for such repayments. Interest on
such advances shall be computed in the same
manner as provided in subsection (b)(2) of section 934a 1 of this title.
(Pub. L. 91–173, title IV, § 433, as added Pub. L.
95–239, § 13, Mar. 1, 1978, 92 Stat. 101.)
REFERENCES IN TEXT
Section 934a of this title, referred to in subsec. (i),
was repealed by Pub. L. 97–119, title I, § 103(b), Dec. 29,
1981, 95 Stat. 1638. See section 9501(c) of Title 26, Internal Revenue Code.
CODIFICATION
Subsec. (h) of this section, which required the Secretary to report to Congress not later than April 1 of
each year on the financial condition and operation of
the insurance fund, terminated, effective May 15, 2000,
pursuant to section 3003 of Pub. L. 104–66, as amended,
set out as a note under section 1113 of Title 31, Money
and Finance. See, also, page 124 of House Document No.
103–7.
EFFECTIVE DATE
Section effective Mar. 1, 1978, see section 20(a) of Pub.
L. 95–239, set out as an Effective Date of 1978 Amendment note under section 901 of this title.

§ 944. Statement of reasons for denial of claim
Any individual whose claim for benefits under
this subchapter is denied shall receive from the
Secretary a written statement of the reasons for
denial of such claim, and a summary of the administrative hearing record or, upon good cause
shown, a copy of any transcript thereof.
(Pub. L. 91–173, title IV, § 434, as added Pub. L.
95–239, § 14, Mar. 1, 1978, 92 Stat. 103.)
EFFECTIVE DATE
Section effective Mar. 1, 1978, see section 20(a) of Pub.
L. 95–239, set out as an Effective Date of 1978 Amendment note under section 901 of this title.
1 See

References in Text note below.

§ 951

§ 945. Repealed. Pub. L. 107–275, § 2(c)(1), Nov. 2,
2002, 116 Stat. 1926
Section, Pub. L. 91–173, title IV, § 435, as added Pub.
L. 95–239, § 15, Mar. 1, 1978, 92 Stat. 103; amended Pub. L.
103–296, title I, § 108(i)(4), Aug. 15, 1994, 108 Stat. 1488, related to review of claims pending on, or denied on or
before, Mar. 1, 1978.
EFFECTIVE DATE OF REPEAL
Repeal effective 90 days after Nov. 2, 2002, see section
4 of Pub. L. 107–275, set out as an Effective Date of 2002
Amendment note under section 902 of this title.

SUBCHAPTER V—ADMINISTRATIVE
PROVISIONS
§ 951. Studies and research
(a) Appropriate projects
The Secretary of the Interior and the Secretary of Health and Human Services, as appropriate, shall conduct such studies, research,
experiments, and demonstrations as may be appropriate—
(1) to improve working conditions and practices in coal or other mines, and to prevent accidents and occupational diseases originating
in the coal or other mining industry;
(2) to develop new or improved methods of
recovering persons in coal or other mines after
an accident;
(3) to develop new or improved means and
methods of communication from the surface
to the underground area of a coal or other
mine;
(4) to develop new or improved means and
methods of reducing concentrations of respirable dust in the mine atmosphere of active
workings of the coal or other mine;
(5) to develop epidemiological information
to (A) identify and define positive factors involved in occupational diseases of miners, (B)
provide information on the incidence and prevalence of pneumoconiosis and other respiratory ailments of miners, and (C) improve
mandatory health standards;
(6) to develop techniques for the prevention
and control of occupational diseases of miners,
including tests for hypersusceptibility and
early detection;
(7) to evaluate the effect on bodily impairment and occupational disability of miners afflicted with an occupational disease;
(8) to prepare and publish from time to time,
reports on all significant aspects of occupational diseases of miners as well as on the
medical aspects of injuries, other than diseases, which are revealed by the research carried on pursuant to this subsection;
(9) to study the relationship between coal or
other mine environments and occupational
diseases of miners;
(10) to develop new and improved underground equipment and other sources of power
for such equipment which will provide greater
safety;
(11) to determine, upon the written request
by any operator or authorized representative
of miners, specifying with reasonable particularity the grounds upon which such request is
made, whether any substance normally found
in a coal or other mine has potentially toxic

§ 951

TITLE 30—MINERAL LANDS AND MINING

effects in the concentrations normally found
in the coal or other mine or whether any physical agents or equipment found or used in a
coal or other mine has potentially hazardous
effects, and shall submit such determinations
to both the operators and miners as soon as
possible; and
(12) for such other purposes as they deem
necessary to carry out the purposes of this
chapter.
(b) Responsibility for carrying out prescribed activities
Activities under this section in the field of
coal or other mine health shall be carried out by
the Secretary of Health and Human Services
through the National Institute for Occupational
Safety and Health established under the Occupational Safety and Health Act of 1970 [29 U.S.C.
651 et seq.], and activities under this section in
the field of coal or other mine safety shall be
carried out by the Secretary of the Interior in
coordination with the Secretary.
(c) Contracting with and grants to public and
private agencies; availability of information;
exceptions
In carrying out the provisions for research,
demonstrations, experiments, studies, training,
and education under this section and sections
861(b) and 952(a) of this title, the Secretary of
the Interior and the Secretary of Health and
Human Services in coordination with the Secretary may enter into contracts with, and make
grants to, public and private agencies and organizations and individuals. No research, demonstrations, or experiments shall be carried out,
contracted for, sponsored, cosponsored, or authorized under authority of this chapter, unless
all information, uses, products, processes, patents, and other developments resulting from
such research, demonstrations, or experiments
will (with such exception and limitation, if any,
as the Secretary of the Interior or the Secretary
of Health and Human Services in coordination
with the Secretary may find to be necessary in
the public interest) be available to the general
public.
(d) Prevention of diseases affecting persons
working with mine products
The Secretary of Health and Human Services
shall also conduct studies and research into
matters involving the protection of life and the
prevention of diseases in connection with persons, who although not miners, work with, or
around the products of, coal or other mines in
areas outside of such mines and under conditions which may adversely affect the health and
well-being of such persons.
(e) Authorization of appropriations
There is authorized to be appropriated to the
Secretary of the Interior such sums as may be
necessary to carry out his responsibilities under
this section and section 861(b) of this title at an
annual rate of not to exceed $20,000,000 for the
fiscal year ending June 30, 1970, $25,000,000 for
the fiscal year ending June 30, 1971, and
$60,000,000 for the fiscal year ending June 30,
1972, and for each succeeding fiscal year thereafter. There is authorized to be appropriated an-

Page 192

nually to the Secretary of Health and Human
Services such sums as may be necessary to carry
out his responsibilities under this chapter. Such
sums shall remain available until expended.
(f) Exceptions to mandatory health and safety
standards for improving techniques and
equipment
The Secretary is authorized to grant on a
mine-by-mine basis an exception to any mandatory health or safety standard under this chapter for the purpose of permitting, under such
terms and conditions as he may prescribe, accredited educational institutions the opportunity for experimenting with new and improved
techniques and equipment to improve the health
and safety of miners. No such exception shall be
granted unless the Secretary finds that the
granting of the exception will not adversely affect the health and safety of miners and publishes his findings.
(g) Grants for research and development of respiratory equipment
The Secretary of Health and Human Services
is authorized to make grants to any public or
private agency, institution, or organization, and
operators or individuals for research and experiments to develop effective respiratory equipment.
(Pub. L. 91–173, title V, § 501, Dec. 30, 1969, 83
Stat. 798; Pub. L. 95–164, title III, § 303(a), Nov. 9,
1977, 91 Stat. 1320; Pub. L. 96–88, title V, § 509(b),
Oct. 17, 1979, 93 Stat. 695.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(12), (c), (e),
and (f), was in the original ‘‘this Act’’, meaning Pub. L.
91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal
Mine Safety and Health Act of 1977, which is classified
principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out
under section 801 of this title and Tables.
The Occupational Safety and Health Act of 1970, referred to in subsec. (b), is Pub. L. 91–596, Dec. 29, 1970,
84 Stat. 1590, as amended, which is classified principally
to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short
Title note set out under section 651 of Title 29 and
Tables.
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–164, § 303(a)(1), (2), (6),
substituted ‘‘The Secretary of the Interior and’’ for
‘‘The Secretary and’’ in provisions preceding par. (1),
inserted references to mines and mining other than
coal mines and coal mining in pars. (1), (2), (3), (4), and
(9), added par. (11), and redesignated former par. (11) as
(12).
Subsec. (b). Pub. L. 95–164, § 303(a)(1), (3), inserted references to mines other than coal mines, inserted
‘‘through the National Institute for Occupational Safety and Health established under the Occupational Safety and Health Act of 1970’’ after ‘‘Secretary of Health,
Education, and Welfare’’, and substituted ‘‘carried out
by the Secretary of the Interior in coordination with
the Secretary’’ for ‘‘carried out by the Secretary’’.
Subsec. (c). Pub. L. 95–164, § 303(a)(4), substituted ‘‘the
Secretary of the Interior and the Secretary of Health,
Education, and Welfare in coordination with the Secretary’’ for ‘‘the Secretary and the Secretary of Health,
Education, and Welfare’’ and ‘‘the Secretary of the Interior or the Secretary of Health, Education, and Welfare in coordination with the Secretary’’ for ‘‘the Secretary or the Secretary of Health, Education, and Welfare’’.

Page 193

TITLE 30—MINERAL LANDS AND MINING

§ 952

Subsec. (d). Pub. L. 95–164, § 303(a)(1), inserted reference to mines other than coal mines.
Subsec. (e). Pub. L. 95–164, § 303(a)(5), substituted
‘‘Secretary of the Interior’’ for ‘‘Secretary’’ and
‘‘$60,000,000’’ for ‘‘$30,000,000’’.

lating 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.

CHANGE OF NAME

(a) Programs for operators, agents, and miners
The Secretary shall expand programs for the
education and training of operators and agents
thereof, and miners in—
(1) the recognition, avoidance, and prevention of accidents or unsafe or unhealthful
working conditions in coal or other mines; and
(2) in the use of flame safety lamps, permissible methane detectors, and other means approved by the Secretary for detecting methane
and other explosive gases accurately.
(b) Technical assistance to operators
The Secretary shall, to the greatest extent
possible, provide technical assistance to operators in meeting the requirements of this chapter
and in further improving the health and safety
conditions and practices in coal or other mines.
(c) National Mine Health and Safety Academy
(1) The National Mine Health and Safety Academy shall be maintained as an agency of the Department of Labor. The Academy shall be responsible for the training of mine safety and
health inspectors under section 954 of this title,
and in training of technical support personnel of
the Mine Safety and Health Administration established under section 557a of title 29; and for
any other training programs for mine inspectors, mining personnel, or other persons as the
Secretary of Labor shall designate. In performing this function, the Academy shall have the
authority to enter into cooperative educational
and training agreements with educational institutions, State governments, labor organizations,
and mine operators and related industries. Such
training shall be conducted by the Academy in
accordance with curriculum needs and assignment of instructional personnel established by
the user.
(2) Repealed. Pub. L. 96–38, title I, § 100, July
25, 1979, 93 Stat. 111.
(3) The Secretary of the Interior shall conduct
his safety research responsibilities under section
951 of this title in coordination with the Secretary of Labor, and the Secretaries of Labor
and the Interior are authorized to enter into
contractual or other agreements for the performance of such safety related research.

‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (a) to (e) and (g) pursuant to section
509(b) of Pub. L. 96–88 which is classified to section
3508(b) of Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.
EFFECTIVE DATE
Subchapter effective Dec. 30, 1969, see section 509 of
Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, set out as a
note under section 801 of this title.

§ 951a. Health, Safety, and Mining Technology
Research program
(a) Health, Safety, and Mining Technology Research Plan
(1) Every 5 years, the Secretary of the Interior, acting through the Director of the Bureau
of Mines (hereinafter in this section referred to
as the ‘‘Director’’), shall develop a Plan for
Health, Safety, and Mining Technology Research (hereinafter in this subsection referred to
as the ‘‘Plan’’).
(2) The Plan shall identify the goals and objectives of the Health, Safety, and Mining Technology program of the Bureau of Mines, and
shall guide research and technology development under such program, over each 5-year period.
(3) In preparing the proposed Plan referred to
in paragraph (1), the Director shall solicit suggestions, comments and proposals for research
and technology development projects from the
mining industry, labor, academia and other concerned groups and individuals.
(b) Technical amendment
For the purposes of section 951(b) of this title,
as amended, activities in the field of coal or
other mine health under such section shall also
be carried out by the Secretary of the Interior
acting through the Director of the Bureau of
Mines. Nothing in this subsection is intended to
preclude or duplicate the ongoing research activities of the Bureau of Mines on health hazards safety technology or research conducted by
the National Institute of Occupational Safety
and Health on coal mine safety and health effects.
(Pub. L. 102–486, title XXV, § 2512, Oct. 24, 1992,
106 Stat. 3111.)
CODIFICATION
Section was enacted as part of the Energy Policy Act
of 1992, and not as part of the Federal Mine Safety and
Health Act of 1977 which comprises this chapter.
CHANGE OF NAME
Bureau of Mines redesignated United States Bureau
of Mines by section 10(b) of Pub. L. 102–285, set out as
a note under section 1 of this title. For provisions re-

§ 952. Training and education

(Pub. L. 91–173, title V, § 502, Dec. 30, 1969, 83
Stat. 800; Pub. L. 95–164, title III, § 303(b), (h),
Nov. 9, 1977, 91 Stat. 1320, 1321; Pub. L. 96–38,
title I, § 100, July 25, 1979, 93 Stat. 111.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1979—Subsec. (c)(1). Pub. L. 96–38 substituted ‘‘Department of Labor’’ for ‘‘Department of the Interior’’
and ‘‘Secretary of Labor’’ for ‘‘Secretaries of Labor and
the Interior’’.

TITLE 30—MINERAL LANDS AND MINING

§ 953

Subsec. (c)(2). Pub. L. 96–38 struck out par. (2) which
directed that the National Mine Health and Safety
Academy use the facilities and personnel of the Department of the Interior and that the Secretary of the Interior appoint or assign to the Academy necessary officers and employees.
1977—Subsecs. (a), (b). Pub. L. 95–164, § 303(b), inserted
references to mines other than coal mines.
Subsec. (c). Pub. L. 95–164, § 303(h), added subsec. (c).
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 953. Assistance to States
(a) Development and enforcement of health and
safety regulations; improvement of workmen’s compensation and occupational disease laws; promotion of Federal-State coordination in mine safety
The Secretary, in coordination with the Secretary of Health and Human Services and the
Secretary of the Interior, is authorized to make
grants in accordance with an application approved under this section to any State in which
coal or other mining takes place—
(1) to assist such State in developing and enforcing effective coal or other mine health and
safety laws and regulations consistent with
the provisions of section 955 of this title;
(2) to improve State workmen’s compensation and occupational disease laws and programs related to coal or other mine employment; and
(3) to promote Federal-State coordination
and cooperation in improving the health and
safety conditions in the coal or other mines.
(b) Application for grants; contents
The Secretary shall approve any application
or any modification thereof, submitted under
this section by a State, through its official coal
or other mine inspection or safety agency,
which—
(1) sets forth the programs, policies, and
methods to be followed in carrying out the application in accordance with the purposes of
subsection (a) of this section;
(2) provides research and planning studies to
carry out plans designed to improve State
workmen’s compensation and occupational
disease laws and programs, as they relate to
compensation to miners for occupationally
caused diseases and injuries arising out of employment in any coal or other mine;
(3) designates such State coal or other mine
inspection or safety agency as the sole agency
responsible for administering grants under
this section throughout the State, and contains satisfactory evidence that such agency
will have the authority to carry out the purposes of this section;
(4) gives assurances that such agency has or
will employ an adequate and competent staff
of trained inspectors qualified under the laws
of such State to make coal or other mine inspections within such State;
(5) provides for the extension and improvement of the State program for the improvement of coal or other mine health and safety

Page 194

in the State, and provides that no advance notice of an inspection will be provided anyone;
(6) provides such fiscal control and fund accounting procedures as may be appropriate to
assure proper disbursement and accounting of
grants made to the States under this section;
(7) provides that the designated agency will
make such reports to the Secretary in such
form and containing such information as the
Secretary may from time to time require;
(8) contains assurances that grants provided
under this section will supplement, not supplant, existing State coal or other mine health
and safety programs; and
(9) meets additional conditions which the
Secretary may prescribe in furtherance of, and
consistent with, the purposes of this section.
(c) Approval by Secretary; notice and hearing
The Secretary shall not finally disapprove any
State application or modification thereof without first affording the State agency reasonable
notice and opportunity for a public hearing.
(d) Review by Court of Appeals; conclusiveness
of findings of Secretary; filing of petition
Any State aggrieved by a decision of the Secretary under subsection (b) or (c) of this section
may file within thirty days from the date of
such decision with the United States Court of
Appeals for the District of Columbia a petition
praying that such action be modified or set
aside in whole or in part. The court shall hear
such appeal on the record made before the Secretary. The decision of the Secretary incorporating his findings of fact therein, if supported by substantial evidence on the record
considered as a whole, shall be conclusive. The
court may affirm, vacate, or remand the proceedings to the Secretary for such further action as it directs. The filing of a petition under
this subsection shall not stay the application of
the decision of the Secretary, unless the court
so orders. The provisions of section 816(a), (b),
and (c) of this title shall not be applicable to
this section.
(e) Programs to train State inspectors
Any State application or modification thereof
submitted to the Secretary under this section
may include a program to train State inspectors.
(f) Cooperation in implementation of programs;
exchange of reports between States
The Secretary shall cooperate with such State
in carrying out the application or modification
thereof and shall, as appropriate, develop and,
where appropriate, construct facilities for, and
finance a program of, training of Federal and
State inspectors jointly. The Secretary shall
also cooperate with such State in establishing a
system by which State and Federal inspection
reports of coal or other mines located in the
State are exchanged for the purpose of improving health and safety conditions in such mines.
(g) Limitation on grants
The amount granted to any coal or other mining State for a fiscal year under this section
shall not exceed 80 per centum of the amount expended by such State in such year for carrying
out such application.

Page 195

TITLE 30—MINERAL LANDS AND MINING

(h) Authorization of appropriations
There is authorized to be appropriated
$3,000,000 for fiscal year 1970, and $10,000,000 annually in each succeeding fiscal year to carry
out the provisions of this section, which shall
remain available until expended. The Secretary
shall provide for an equitable distribution of
sums appropriated for grants under this section
to the States where there is an approved application, except that no less than one-half of such
sum shall be allocated to coal-producing States.
(Pub. L. 91–173, title V, § 503, Dec. 30, 1969, 83
Stat. 800; Pub. L. 95–164, title III, § 303(c), Nov. 9,
1977, 91 Stat. 1320; Pub. L. 96–88, title V, § 509(b),
Oct. 17, 1979, 93 Stat. 695.)
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–164, § 303(c)(1), inserted
reference to mines and mining other than coal mines
and coal mining and substituted ‘‘Secretary of the Interior’’ for ‘‘Secretary of Labor’’.
Subsecs. (b), (f), (g). Pub. L. 95–164, § 303(c)(1), inserted
references to mines and mining other than coal mines
and coal mining.
Subsec. (h). Pub. L. 95–164, § 303(c)(2), substituted
‘‘$10,000,000’’ for ‘‘$5,000,000’’ and inserted requirement
that no less than one-half of sums appropriated for
grants be allocated to coal-producing States.
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (a) pursuant to section 509(b) of Pub. L.
96–88 which is classified to section 3508(b) of Title 20,
Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 955

pointed to assist such representatives and to
carry out the provisions of this chapter, and, in
applying the provisions of such section to other
agencies under the Secretary and to other agencies of the Government, such appointed persons
shall not be taken into account. Such persons
shall be adequately trained by the Secretary.
The Secretary shall develop programs with educational institutions and operators designed to
enable persons to qualify for positions in the administration of this chapter. In selecting persons and training and retraining persons to
carry out the provisions of this chapter, the Secretary shall work with appropriate educational
institutions, operators, and representatives of
miners in developing and maintaining adequate
programs for the training and continuing education of persons, particularly inspectors, and
where appropriate, the Secretary shall cooperate with such institutions in carrying out the
provisions of this section by providing financial
and technical assistance to such institutions.
(Pub. L. 91–173, title V, § 505, Dec. 30, 1969, 83
Stat. 802; Pub. L. 95–164, title III, § 303(d), Nov. 9,
1977, 91 Stat. 1320.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of this
title and Tables.
Section 201 of the Revenue and Expenditure Control
Act of 1968 (82 Stat. 251, 270), referred to in text, is section 201 of Pub. L. 90–364, title II, June 28, 1968, 82 Stat.
270, which was set out as a note under section 3101 of
Title 5 and was repealed by Pub. L. 91–47, title V, § 503,
July 22, 1969, 83 Stat. 83.
AMENDMENTS

§ 954. Appointment of administrative personnel
and inspectors; qualifications; training programs
The Secretary may, subject to the civil service
laws, appoint such employees as he deems requisite for the administration of this chapter and
prescribe their duties. Persons appointed as authorized representatives of the Secretary shall
be qualified by practical experience in mining or
by experience as a practical mining engineer or
by education: Provided, however, That, to the
maximum extent feasible, in the selection of
persons for appointment as mine inspectors, no
person shall be so selected unless he has the
basic qualification of at least five years practical mining experience and in assigning mine
inspectors to the inspection and investigation of
individual mines, due consideration shall be
given to the extent possible to their previous experience in the particular type of mining operation where such inspections are to be made.
Persons appointed to assist such representatives
in the taking of samples of respirable dust for
the purpose of enforcing subchapter II of this
chapter shall be qualified by training, experience, or education. The provisions of section 201
of the Revenue and Expenditure Control Act of
1968 (82 Stat. 251, 270) shall not apply with respect to the appointment of such authorized representatives of the Secretary or to persons ap-

1977—Pub. L. 95–164 substituted ‘‘practical experience
in mining’’ for ‘‘practical experience in the mining of
coal’’ and inserted provision requiring that mine inspectors, to the maximum feasible extent, be persons
with at least five years practical mining experience and
that in assigning inspectors due consideration be given
to previous experience in the particular type mining
operations where inspections are to be made.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.
NUMBER OF INSPECTORS
Section 304 of Pub. L. 95–164 provided that: ‘‘Nothing
contained in this Act [see Short Title of 1977 Amendment note under section 801 of this title] or any amendment made by this Act shall be construed to reduce the
number of inspectors engaged in enforcement of the
Federal Coal Mine Health and Safety Act of 1969 [this
chapter] and the Federal Metal and Nonmetallic Mine
Safety Act [section 721 et seq. of this title] as in effect
prior to the effective date of this Act [120 days after
Nov. 9, 1977] or to reduce the number of inspectors engaged in the enforcement of the Occupational Safety
and Health Act of 1970 [section 651 et seq. of Title 29,
Labor].’’

§ 955. State laws
(a) No State law in effect on December 30, 1969
or which may become effective thereafter shall

§ 956

TITLE 30—MINERAL LANDS AND MINING

be superseded by any provision of this chapter or
order issued or any mandatory health or safety
standard, except insofar as such State law is in
conflict with this chapter or with any order issued or any mandatory health or safety standard.
(b) The provisions of any State law or regulation in effect upon the operative date of this
chapter, or which may become effective thereafter, which provide for more stringent health
and safety standards applicable to coal or other
mines than do the provisions of this chapter or
any order issued or any mandatory health or
safety standard shall not thereby be construed
or held to be in conflict with this chapter. The
provisions of any State law or regulation in effect December 30, 1969, or which may become effective thereafter, which provide for health and
safety standards applicable to coal or other
mines for which no provision is contained in this
chapter or in any order issued or any mandatory
health or safety standard, shall not be held to be
in conflict with this chapter.
(Pub. L. 91–173, title V, § 506, Dec. 30, 1969, 83
Stat. 803; Pub. L. 95–164, title III, § 303(e), Nov. 9,
1977, 91 Stat. 1321.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of this
title and Tables.
For the operative date of this chapter, referred to in
subsec. (b), see section 509 of Pub. L. 91–173, set out as
an Effective Date note under section 801 of this title.
AMENDMENTS
1977—Subsec. (b). Pub. L. 95–164 inserted reference to
mines other than coal mines.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 956. Applicability of administrative procedure
provisions
Except as otherwise provided in this chapter,
the provisions of sections 551 to 559 and sections
701 to 706 of title 5 shall not apply to the making
of any order, notice, or decision made pursuant
to this chapter, or to any proceeding for the review thereof.
(Pub. L. 91–173, title V, § 507, Dec. 30, 1969, 83
Stat. 803.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of this
title and Tables.

§ 957. Promulgation of regulations
The Secretary, the Secretary of Health and
Human Services, the Commissioner of Social Se-

Page 196

curity, and the Panel are authorized to issue
such regulations as each deems appropriate to
carry out any provision of this chapter.
(Pub. L. 91–173, title V, § 508, Dec. 30, 1969, 83
Stat. 803; Pub. L. 103–296, title I, § 108(i)(5), Aug.
15, 1994, 108 Stat. 1488.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83
Stat. 742, known as the Federal Mine Safety and Health
Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of this
title and Tables.
AMENDMENTS
1994—Pub. L. 103–296 substituted ‘‘Secretary of Health
and Human Services, the Commissioner of Social Security’’ for ‘‘Secretary of Health, Education, and Welfare’’.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.

§ 958. Annual reports to Congress; contents
(a) Within one hundred and twenty days following the convening of each session of Congress
the Secretary shall submit through the President to the Congress and to the Office of Science
and Technology an annual report upon the subject matter of this chapter, the progress concerning the achievement of its purposes, the
needs and requirements in the field of coal or
other mine health and safety, the amount and
status of each loan made pursuant to this chapter, a description and the anticipated cost of
each project and program he has undertaken
under sections 861(b) and 951 of this title, and
any other relevant information, including any
recommendations he deems appropriate.
(b) Repealed. Pub. L. 96–470, title I, § 106(f),
Oct. 19, 1980, 94 Stat. 2238.
(Pub. L. 91–173, title V, § 511, Dec. 30, 1969, 83
Stat. 803; Pub. L. 95–164, title III, § 303(f), Nov. 9,
1977, 91 Stat. 1321; Pub. L. 96–470, title I, § 106(f),
Oct. 19, 1980, 94 Stat. 2238.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1980—Subsec. (b). Pub. L. 96–470 struck out subsec. (b)
which provided that within 120 days following the convening of each session of Congress, the Secretary of
Health, Education, and Welfare submit through the
President to the Congress and to the Office of Science
and Technology an annual report on health matters
covered by this chapter.
1977—Subsecs. (a), (b). Pub. L. 95–164 inserted references to mines other than coal mines.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section

Page 197

TITLE 30—MINERAL LANDS AND MINING

307 of Pub. L. 95–164, set out as a note under section 801
of this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (a) of this section relating to requirement to
submit annual report to Congress, see section 3003 of
Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 124
of House Document No. 103–7.
TRANSFER OF FUNCTIONS
Functions vested by law in Office of Science and
Technology and in Director or Deputy Director of Office of Science and Technology transferred to Director
of National Science Foundation, and Office of Science
and Technology, including offices of Director and Deputy Director, provided for by sections 1 and 2 of Reorg.
Plan No. 2 of 1962, eff. June 8, 1962, 27 F.R. 5419, 76 Stat.
1253, was abolished by sections 2 and 3(a)(5) of Reorg.
Plan No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87 Stat.
1089, set out in the Appendix to Title 5, Government Organization and Employees.

§ 959. Study of coordination of Federal and State
activities; report
(a) The Secretary shall make a study to determine the best manner to coordinate Federal and
State activities in the field of coal or other mine
health and safety so as to achieve (1) maximum
health and safety protection for miners, (2) an
avoidance of duplication of effort, (3) maximum
effectiveness, (4) a reduction of delay to a minimum, and (5) most effective use of Federal inspectors.
(b) The Secretary shall make a report of the
results of his study to the Congress as soon as
practicable after December 30, 1969.
(Pub. L. 91–173, title V, § 512, Dec. 30, 1969, 83
Stat. 804; Pub. L. 95–164, title III, § 303(g), Nov. 9,
1977, 91 Stat. 1321.)
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–164 inserted reference to
mines other than coal mines.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.

§ 960. Limitation on issuance of temporary restraining order or preliminary injunction
In any proceeding in which the validity of any
interim mandatory health or safety standard set
forth in subchapters II and III of this chapter is
in issue, no justice, judge, or court of the United
States shall issue any temporary restraining
order or preliminary injunction restraining the
enforcement of such standard pending a determination of such issue on its merits.
(Pub. L. 91–173, title V, § 513, Dec. 30, 1969, 83
Stat. 804.)
§ 961. Functions transferred under 1977 amendments
(a) Transfer of functions to Secretary of Labor
Except with respect to the functions assigned
to the Secretary of the Interior pursuant to section 501 of the Federal Coal Mine Health and
Safety Act of 1969 [30 U.S.C. 951], the functions

§ 961

of the Secretary of the Interior under the Federal Coal Mine Health and Safety Act of 1969, as
amended [30 U.S.C. 801 et seq.], and the Federal
Metal and Nonmetallic Mine Safety Act [30
U.S.C. 721 et seq.] are transferred to the Secretary of Labor, except those which are expressly transferred to the Commission by this
Act. Effective on the date of enactment of this
Act, Health 1 and Safety Academy is transferred
to the Secretary of Labor.
(b) Existing mandatory standards; review by advisory committee; recommendations
(1) The mandatory standards relating to
mines, issued by the Secretary of the Interior
under the Federal Metal and Nonmetallic Mine
Safety Act [30 U.S.C. 721 et seq.] and standards
and regulations under the Federal Coal Mine
Health and Safety Act of 1969 [30 U.S.C. 801 et
seq.] which are in effect on November 9, 1977,
shall remain in effect as mandatory health or
safety standards applicable to metal and nonmetallic mines and to coal mines respectively
under the Federal Mine Safety and Health Act
of 1977 [30 U.S.C. 801 et seq.] until such time as
the Secretary of Labor shall issue new or revised
mandatory health or safety standards applicable
to metal and nonmetallic mines and new or revised mandatory health or safety standards applicable to coal mines.
(2) Within 60 days after November 9, 1977, the
Secretary of Labor in consultation with the Secretary of the Interior shall establish an advisory
committee under section 102 of the Federal Mine
Safety and Health Act of 1977 [30 U.S.C. 812]
which shall, within 180 days after the date of the
establishment of such advisory committee, review the advisory health and safety standards
issued by the Secretary of the Interior under the
Federal Metal and Nonmetallic Mine Safety Act
and recommend to the Secretary of Labor which
of those standards (or any modifications of such
standards which do not substantially diminish
the health and safety of miners) should be promulgated as mandatory health or safety standards. The Secretary of Labor shall publish, within 60 days after any recommendations of the advisory committee under this paragraph, each of
the standards so recommended for adoption with
or without modifications as a proposed mandatory health or safety standard under this section
by publication of such standard in the Federal
Register, and afford interested persons a period
of 25 days after publication to submit written
data or comment. Within 30 days after the close
of the comment period specified in the preceding
sentence, the Secretary of Labor shall promulgate by publication in the Federal Register
mandatory health or safety standards based
upon the advisory committee recommendation
with or without modification, and the data and
comments received thereon, unless the Secretary of Labor determines that such standards
will not promote the health and safety of miners
and publishes an explanation of that determination in the Federal Register.
1 So

in original. Probably should be ‘‘the Health’’.

§ 961

TITLE 30—MINERAL LANDS AND MINING

(c) Unexpended appropriations; personnel; property; records; obligations; commitments; savings provisions; pending proceedings and
suits
(1) All unexpended balances of appropriations,
personnel, property, records, obligations, and
commitments which are used primarily with respect to any functions transferred under the provisions of subsection (a) of this section to the
Secretary of Labor shall be transferred to the
Department of Labor or the Commission, as appropriate. The transfer of personnel pursuant to
this paragraph shall be without reduction in
classification or compensation for one year after
such transfer, except that the Secretary of
Labor shall have full authority to assign personnel during such one-year period in order to efficiently carry out functions transferred to him
under this Act.
(2) All orders, decisions, determinations, rules,
regulations, permits, contracts, certificates, licenses, and privileges (A) which have been issued, made, granted, or allowed to become effective in the exercise of functions which are transferred under this section by any department or
agency, any functions of which are transferred
by this section, and (B) which are in effect at
the time this section takes effect, shall continue
in effect according to their terms until modified,
terminated, superseded, set aside, revoked, or
repealed by the Secretary of Labor, the Federal
Mine Safety and Health Review Commission or
other authorized officials, by any court of competent jurisdiction, or by operation of law.
(3) The provisions of this section shall not affect any proceedings pending at the time this
section takes effect before any department,
agency, or component thereof, functions of
which are transferred by this section, except
that such proceedings, to the extent that they
relate to functions so transferred, shall be continued before the Secretary of Labor or the Federal Mine Safety and Health Review Commission. Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if this
section had not been enacted; and orders issued
in any such proceedings shall continue in effect
until modified, terminated, superseded, revoked,
or repealed by the Secretary of Labor, the Federal Mine Safety and Health Review Commission, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection
shall be deemed to prohibit the discontinuance
or modification of any proceeding under the
same terms and conditions and to the same extent that such proceeding could have been discontinued if this section had not been enacted.
(4) The provisions of this section shall not affect suits commenced prior to the date this section takes effect and in all such suits proceedings shall be had, appeals taken, and judgments
rendered, in the same manner and effect as if
this section had not been enacted; except that if
before the date on which this section takes effect, any department or agency (or officer thereof in his official capacity) is a party to a suit involving functions transferred to the Secretary,
then such suit shall be continued by the Secretary of Labor. No cause of action, and no suit,
action, or other proceeding, by or against any

Page 198

department or agency (or officer thereof in his
official capacity) functions of which are transferred by this section, shall abate by reason of
the enactment of this section. Causes of actions,
suits, actions, or other proceedings may be asserted by or against the United States or the
Secretary as may be appropriate and, in any
litigation pending when this section takes effect, the court may at any time, on its own motion or that of any party, enter an order which
will give effect to the provisions of this paragraph.
(d) ‘‘Function’’ defined
For purposes of this section, (1) the term
‘‘function’’ includes power and duty, and (2) the
transfer of a function, under any provision of
law, of an agency or the head of a department
shall also be a transfer of all functions under
such law which are exercised by any officer 2 or
officer of such agency or department.
(e) Determinations by Director of Office of Management and Budget
The Director of the Office of Management and
Budget in consultation with the Secretary of
Labor and the Secretary of the Interior is authorized and directed to make such determinations as may be necessary with regard to the
dispositions of personnel, personnel positions,
property, records, assets, liabilities, contracts,
obligations, commitments, unexpended balances
of appropriations, authorizations, allocations,
and other funds employed, held, used, arising
from, available or to be made available, in connection with the functions transferred by this
Act as he may deem necessary to accomplish the
purposes of this Act.
(Pub. L. 95–164, title III, § 301, Nov. 9, 1977, 91
Stat. 1317; Pub. L. 96–38, title I, § 100, July 25,
1979, 93 Stat. 111.)
REFERENCES IN TEXT
The Federal Coal Mine Health and Safety Act of 1969,
referred to in subsecs. (a) and (b)(1), is Pub. L. 91–173,
Dec. 30, 1969, 83 Stat. 742, as amended, which was redesignated the Federal Mine Safety and Health Act of 1977
by Pub. L. 95–164, title I, § 101, Nov. 9, 1977, 91 Stat. 1290,
and is classified principally to this chapter (§ 801 et
seq.). For complete classification of this Act to the
Code, see Short Title note set out under section 801 of
this title and Tables.
The Federal Metal and Nonmetallic Mine Safety Act,
referred to in subsecs. (a) and (b), is Pub. L. 89–577,
Sept. 16, 1966, 80 Stat. 772, which was classified generally to chapter 21 (§ 721 et seq.) of this title and was repealed by Pub. L. 95–164, title III, § 306(a), Nov. 9, 1977,
91 Stat. 1322.
This Act, referred to in subsecs. (a), (c)(1), and (e),
means Pub. L. 95–164, Nov. 9, 1977, 91 Stat. 1290, known
as the Federal Mine Safety and Health Amendments
Act of 1977, which enacted sections 822 to 825 and 961 of
this title and section 557a of Title 29, Labor, amended
sections 801 to 804, 811 to 821, 842, 861, 878, 951 to 955, 958,
and 959 of this title and sections 5314 and 5315 of Title
5, Government Organization and Employees, repealed
sections 721 to 740 of this title and section 1456a of Title
43, Public Lands, and enacted provisions set out as
notes under sections 801 and 954 of this title and section
11 of former Title 31, Money and Finance. For complete
classification of this Act to the Code, see Short Title of
1977 Amendment note set out under section 801 of this
title and Tables.
2 So

in original. Probably should be ‘‘office’’.

Page 199

TITLE 30—MINERAL LANDS AND MINING

The date of enactment of this Act, referred to in subsec. (a), is the date of enactment of Pub. L. 95–164,
which was approved Nov. 9, 1977.
The Health and Safety Academy, referred to in subsec. (a), probably means the National Mine Health and
Safety Academy. See section 952(c) of this title.
The Federal Mine Safety and Health Act of 1977, referred to in subsec. (b)(1), is Pub. L. 91–173, Dec. 30, 1969,
83 Stat. 742, as amended by Pub. L. 95–164, title I, § 101,
Nov. 9, 1977, 91 Stat. 1290, which is classified principally
to this chapter (§ 801 et seq.). For complete classification of this Act to the Code, see Short Title note set
out under section 801 of this title and Tables.
For the time this section takes effect, referred to in
subsec. (c)(2) and (4), see Effective Date of 1977 Amendment note set out under section 801 of this title.
CODIFICATION
Section was enacted as part of Pub. L. 95–164, known
as the Federal Mine Safety and Health Amendments
Act of 1977, and not as part of Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977 which comprises this chapter.
AMENDMENTS
1979—Subsec. (a). Pub. L. 96–38 inserted provision
transferring the Health and Safety Academy to the
Secretary of Labor.
EFFECTIVE DATE
For the effective date of this section, see section 307
of Pub. L. 95–164, set out as an Effective Date of 1977
Amendment note under section 801 of this title.

§ 962. Acceptance of contributions and prosecution of projects; cooperative programs to promote health and safety education and training; recognition and funding of Joseph A.
Holmes Safety Association; use of funds for
costs of mine rescue and survival operations
The Secretary is authorized to accept lands,
buildings, equipment, and other contributions
from public and private sources and to prosecute
projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and
Health Administration is authorized to promote
health and safety education and training in the
mining community through cooperative programs with States, industry, and safety associations; the Secretary is authorized to recognize
the Joseph A. Holmes Safety Association as a
principal safety association and, notwithstanding any other provision of law, may provide
funds and, with or without reimbursement, personnel, including service of Mine Safety and
Health Administration officials as officers in
local chapters or in the national organization;
and any funds available to the Department of
Labor may be used, with the approval of the
Secretary, to provide for the costs of mine rescue and survival operations in the event of a
major disaster.
(Pub. L. 112–74, div. F, title I, Dec. 23, 2011, 125
Stat. 1060.)
CODIFICATION
Section was enacted as part of the appropriation act
cited as the credit to this section, and not as part of
the Federal Mine Safety and Health Act of 1977 which
comprises this chapter.
SIMILAR PROVISIONS
Similar provisions were contained in the following
prior appropriation acts:

§ 963

Pub. L. 111–117, div. D, title I, Dec. 16, 2009, 123 Stat.
3235.
Pub. L. 111–8, div. F, title I, Mar. 11, 2009, 123 Stat.
759.
Pub. L. 110–161, div. G, title I, Dec. 26, 2007, 121 Stat.
2164.
Pub. L. 109–149, title I, Dec. 30, 2005, 119 Stat. 2841.
Pub. L. 108–447, div. F, title I, Dec. 8, 2004, 118 Stat.
3120.
Pub. L. 108–199, div. E, title I, Jan. 23, 2004, 118 Stat.
233.
Pub. L. 108–7, div. G, title I, Feb. 20, 2003, 117 Stat. 305.
Pub. L. 107–116, title I, Jan. 10, 2002, 115 Stat. 2183.
Pub. L. 106–554, § 1(a)(1) [title I], Dec. 21, 2000, 114 Stat.
2763, 2763A–9.
Pub. L. 106–113, div. B, § 1000(a)(4) [title I], Nov. 29,
1999, 113 Stat. 1535, 1501A–223.
Pub. L. 105–277, div. A, § 101(f) [title I], Oct. 21, 1998,
112 Stat. 2681–337, 2681–344.
Pub. L. 105–78, title I, Nov. 13, 1997, 111 Stat. 1475.
Pub. L. 104–208, div. A, title I, § 101(e) [title I], Sept.
30, 1996, 110 Stat. 3009–233, 3009–240.
Pub. L. 104–134, title I, § 101(d) [title I], Apr. 26, 1996,
110 Stat. 1321–211, 1321–218; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–333, title I, Sept. 30, 1994, 108 Stat. 2545.
Pub. L. 103–112, title I, Oct. 21, 1993, 107 Stat. 1088.
Pub. L. 102–394, title I, Oct. 6, 1992, 106 Stat. 1797.
Pub. L. 102–170, title I, Nov. 26, 1991, 105 Stat. 1112.
Pub. L. 101–517, title I, Nov. 5, 1990, 104 Stat. 2195.
Pub. L. 101–166, title I, Nov. 21, 1989, 103 Stat. 1164.
Pub. L. 100–436, title I, Sept. 20, 1988, 102 Stat. 1686.
Pub. L. 100–202, § 101(h) [title I], Dec. 22, 1987, 101 Stat.
1329–256, 1329–262.
Pub. L. 99–500, § 101(i) [H.R. 5233, title I], Oct. 18, 1986,
100 Stat. 1783–287, and Pub. L. 99–591, § 101(i) [H.R. 5233,
title I], Oct. 30, 1986, 100 Stat. 3341–287.
Pub. L. 99–178, title I, Dec. 12, 1985, 99 Stat. 1107.
Pub. L. 98–619, title I, Nov. 8, 1984, 98 Stat. 3310.
Pub. L. 98–139, title I, Oct. 31, 1983, 97 Stat. 876.
Pub. L. 97–377, title I, § 101(e)(1) [title I], Dec. 21, 1982,
96 Stat. 1878, 1883.
Pub. L. 97–92, § 101(a) [H.R. 4560, title I], Dec. 15, 1981,
95 Stat. 1183.
Pub. L. 96–536, § 101(a) [incorporating H.R. 4389, title I,
for FY 1980], Dec. 16, 1980, 94 Stat. 3166.
Pub. L. 96–123, § 101(g) [H.R. 4389, title I], Nov. 20, 1979,
93 Stat. 925.
Pub. L. 95–480, title I, Oct. 18, 1978, 92 Stat. 1570.
Pub. L. 95–355, title I, Sept. 8, 1978, 92 Stat. 529.

§ 963. Technical Study Panel
(a) Establishment
There is established a Technical Study Panel
(referred to in this section as the ‘‘Panel’’)
which shall provide independent scientific and
engineering review and recommendations with
respect to the utilization of belt air and the
composition and fire retardant properties of belt
materials in underground coal mining.
(b) Membership
The Panel shall be composed of—
(1) two individuals to be appointed by the
Secretary of Health and Human Services, in
consultation with the Director of the National
Institute for Occupational Safety and Health
and the Associate Director of the Office of
Mine Safety;
(2) two individuals to be appointed by the
Secretary of Labor, in consultation with the
Assistant Secretary for Mine Safety and
Health; and
(3) two individuals, one to be appointed
jointly by the majority leaders of the Senate
and House of Representatives and one to be ap-

§ 964

TITLE 30—MINERAL LANDS AND MINING

pointed jointly by the minority leader of the
Senate and House of Representatives, each to
be appointed prior to the sine die adjournment
of the second session of the 109th Congress.
(c) Qualifications
Four of the six individuals appointed to the
Panel under subsection (b) shall possess a masters or doctoral level degree in mining engineering or another scientific field demonstrably related to the subject of the report. No individual
appointed to the Panel shall be an employee of
any coal or other mine, or of any labor organization, or of any State or Federal agency primarily responsible for regulating the mining industry.
(d) Report
(1) In general
Not later than 1 year after the date on which
all members of the Panel are appointed under
subsection (b), the Panel shall prepare and
submit to the Secretary of Labor, the Secretary of Health and Human Services, the
Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on
Education and the Workforce of the House of
Representatives a report concerning the utilization of belt air and the composition and fire
retardant properties of belt materials in underground coal mining.
(2) Response by Secretary
Not later than 180 days after the receipt of
the report under paragraph (1), the Secretary
of Labor shall provide a response to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives containing a description of
the actions, if any, that the Secretary intends
to take based upon the report, including proposing regulatory changes, and the reasons for
such actions.
(e) Compensation
Members appointed to the Panel, while carrying out the duties of the Panel shall be entitled
to receive compensation, per diem in lieu of subsistence, and travel expenses in the same manner and under the same conditions as that prescribed under section 210(c) of title 42.
(Pub. L. 91–173, title V, § 514, as added Pub. L.
109–236, § 11, June 15, 2006, 120 Stat. 501.)
§ 964. Scholarships
(a) Establishment
The Secretary of Education (referred to in this
section as the ‘‘Secretary’’), in consultation
with the Secretary of Labor and the Secretary
of Health and Human Services, shall establish a
program to provide scholarships to eligible individuals to increase the skilled workforce for
both private sector coal mine operators and
mine safety inspectors and other regulatory personnel for the Mine Safety and Health Administration.
(b) Fundamental skills scholarships
(1) In general
Under the program under subsection (a), the
Secretary may award scholarship to fully or

Page 200

partially pay the tuition costs of eligible individuals enrolled in 2-year associate’s degree
programs at community colleges or other colleges and universities that focus on providing
the fundamental skills and training that is of
immediate use to a beginning coal miner.
(2) Skills
The skills described in paragraph (1) shall
include basic math, basic health and safety,
business principles, management and supervisory skills, skills related to electric circuitry, skills related to heavy equipment operations, and skills related to communications.
(3) Eligibility
To be eligible to receive a scholarship under
this subsection an individual shall—
(A) have a high school diploma or a GED;
(B) have at least 2 years experience in fulltime employment in mining or mining-related activities;
(C) submit to the Secretary an application
at such time, in such manner, and containing such information; and
(D) demonstrate an interest in working in
the field of mining and performing an internship with the Mine Safety and Health
Administration or the National Institute for
Occupational Safety and Health Office of
Mine Safety.
(c) Mine safety inspector scholarships
(1) In general
Under the program under subsection (a), the
Secretary may award scholarship to fully or
partially pay the tuition costs of eligible individuals enrolled in undergraduate bachelor’s
degree programs at accredited colleges or universities that provide the skills needed to become mine safety inspectors.
(2) Skills
The skills described in paragraph (1) include
skills developed through programs leading to a
degree in mining engineering, civil engineering, mechanical engineering, electrical engineering, industrial engineering, environmental
engineering, industrial hygiene, occupational
health and safety, geology, chemistry, or
other fields of study related to mine safety
and health work.
(3) Eligibility
To be eligible to receive a scholarship under
this subsection an individual shall—
(A) have a high school diploma or a GED;
(B) have at least 5 years experience in fulltime employment in mining or mining-related activities;
(C) submit to the Secretary an application
at such time, in such manner, and containing such information; and
(D) agree to be employed for a period of at
least 5 years at the Mine Safety and Health
Administration or, to repay, on a pro-rated
basis, the funds received under this program,
plus interest, at a rate established by the
Secretary upon the issuance of the scholarship.
(d) Advanced research scholarships
(1) In general
Under the program under subsection (a), the
Secretary may award scholarships to fully or

Page 201

TITLE 30—MINERAL LANDS AND MINING

§ 965

partially pay the tuition costs of eligible individuals enrolled in undergraduate bachelor’s
degree, masters degree, and Ph.D. degree programs at accredited colleges or universities
that provide the skills needed to augment and
advance research in mine safety and to broaden, improve, and expand the universe of candidates for mine safety inspector and other
regulatory positions in the Mine Safety and
Health Administration.
(2) Skills
The skills described in paragraph (1) include
skills developed through programs leading to a
degree in mining engineering, civil engineering, mechanical engineering, electrical engineering, industrial engineering, environmental
engineering, industrial hygiene, occupational
health and safety, geology, chemistry, or
other fields of study related to mine safety
and health work.
(3) Eligibility
To be eligible to receive a scholarship under
this subsection an individual shall—
(A) have a bachelor’s degree or equivalent
from an accredited 4-year institution;
(B) have at least 5 years experience in fulltime employment in underground mining or
mining-related activities; and
(C) submit to the Secretary an application
at such time, in such manner, and containing such information.
(e) Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out this section.

concerning safety and health topics in mines, as
determined appropriate by the Mine Safety and
Health Administration.
(e) Awarding of grants
(1) Annual basis
Grants under this section shall be awarded
on an annual basis.
(2) Special emphasis
In awarding grants under this section, the
Secretary of Labor shall give special emphasis
to programs and materials that target workers
in smaller mines, including training miners
and employers about new Mine Safety and
Health Administration standards, high risk
activities, or hazards identified by such Administration.
(3) Priority
In awarding grants under this section, the
Secretary of Labor shall give priority to the
funding of pilot and demonstration projects
that the Secretary determines will provide opportunities for broad applicability for mine
safety.
(f) Evaluation
The Secretary of Labor shall use not less than
1 percent of the funds made available to carry
out this section in a fiscal year to conduct evaluations of the projects funded under grants
under this section.
(g) Authorization of appropriations
There are authorized to be appropriated for
each fiscal year, such sums as may be necessary
to carry out this section.

(Pub. L. 91–173, title V, § 515, as added Pub. L.
109–236, § 12, June 15, 2006, 120 Stat. 502.)

(Pub. L. 109–236, § 14, June 15, 2006, 120 Stat. 504.)

§ 965. Brookwood-Sago Mine Safety Grants

Section was enacted as part of the Mine Improvement
and New Emergency Response Act of 2006, also known
as the MINER Act, and not as part of the Federal Mine
Safety and Health Act of 1977 which comprises this
chapter.

(a) In general
The Secretary of Labor shall establish a program to award competitive grants for education
and training, to be known as Brookwood-Sago
Mine Safety Grants, to carry out the purposes of
this section.
(b) Purposes
It is the purpose of this section,1 to provide for
the funding of education and training programs
to better identify, avoid, and prevent unsafe
working conditions in and around mines.
(c) Eligibility
To be eligible to receive a grant under this
section, an entity shall—
(1) be a public or private nonprofit entity;
and
(2) submit to the Secretary of Labor an application at such time, in such manner, and
containing such information as the Secretary
may require.
(d) Use of funds
Amounts received under a grant under this
section shall be used to establish and implement
education and training programs, or to develop
training materials for employers and miners,
1 So

in original. The comma probably should not appear.

CODIFICATION

CHAPTER 23—GEOTHERMAL RESOURCES
Sec.

1001.
1002.
1002a.
1003.
1004.
1005.
1006.
1007.
1008.
1009.
1010.
1011.
1012.
1013.
1014.
1015.
1016.
1017.
1018.
1019.
1020.
1021.

Definitions.
Lands subject to geothermal leasing.
Repealed.
Leasing procedures.
Rents and royalties.
Lease term and work commitment requirements.
Acreage limitations.
Readjustment of lease terms and conditions.
Byproducts.
Relinquishment of geothermal rights.
Suspension of operations and production.
Termination of leases.
Waiver, suspension, or reduction of rental or
royalty.
Surface land use.
Lands subject to geothermal leasing.
Requirement for lessees.
Administration.
Unit and communitization agreements.
Data from Federal agencies.
Disposal of moneys from sales, bonuses, rentals, and royalties.
Publication in Federal Register; reservation
of mineral rights.
Federal exemption from State water laws.

TITLE 30—MINERAL LANDS AND MINING

§ 1001
Sec.

1022.
1023.
1024.
1025.
1026.
1027.
1028.

Prevention of waste; exclusivity.
Rules and regulations.
Inclusion of geothermal leasing under certain
other laws.
Federal reservation of certain mineral rights.
Significant thermal features.
Land subject to prohibition on leasing.
Hot dry rock geothermal energy.

§ 1001. Definitions
As used in this chapter, the term—
(a) ‘‘Secretary’’ means the Secretary of the
Interior;
(b) ‘‘geothermal lease’’ means a lease issued
under authority of this chapter;
(c) ‘‘geothermal resources’’ means (i) all
products of geothermal processes, embracing
indigenous steam, hot water and hot brines;
(ii) steam and other gases, hot water and hot
brines resulting from water, gas, or other
fluids artificially introduced into geothermal
formations; (iii) heat or other associated energy found in geothermal formations; and (iv)
any byproduct derived from them;
(d) ‘‘byproduct’’ means any mineral or minerals (exclusive of oil, hydrocarbon gas, and
helium) which are found in solution or in association with geothermal steam and which have
a value of less than 75 per centum of the value
of the geothermal steam or are not, because of
quantity, quality, or technical difficulties in
extraction and production, of sufficient value
to warrant extraction and production by
themselves;
(e) ‘‘known geothermal resources area’’
means an area in which the geology, nearby
discoveries, competitive interests, or other indicia would, in the opinion of the Secretary,
engender a belief in men who are experienced
in the subject matter that the prospects for
extraction of geothermal steam or associated
geothermal resources are good enough to warrant expenditures of money for that purpose.
(f) ‘‘Significant 1 thermal features within
units of the National Park System’’ shall include, but not be limited to, the following:
(1) Thermal features within units of the
National Park System listed in Section 1
1026(a)(1) of this title and designated as significant in the Federal Register notice of
August 3, 1987 (Vol. 52, No. 148 Fed. Reg.
28790).
(2) Crater Lake National Park.
(3) Thermal features within Big Bend National Park and Lake Mead National Recreation Area proposed as significant in the
Federal Register notice of February 13, 1987
(Vol. 52, No. 30 Fed. Reg. 4700).
(4) Thermal features within units of the
National Park System added to the significant thermal features list pursuant to section 1026(a)(2) of this title.
(g) ‘‘direct use’’ means utilization of geothermal resources for commercial, residential,
agricultural, public facilities, or other energy
needs other than the commercial production
of electricity; and 2
1 So

in original. Probably should not be capitalized.
in original. Probably should end with a period instead of
‘‘; and’’.
2 So

Page 202

(Pub. L. 91–581, § 2, Dec. 24, 1970, 84 Stat. 1566;
Pub. L. 100–443, § 2(a), Sept. 22, 1988, 102 Stat.
1766; Pub. L. 109–58, title II, § 236(1), (2), (5), Aug.
8, 2005, 119 Stat. 671.)
AMENDMENTS
2005—Pub. L. 109–58, § 236(5), inserted section catchline.
Par. (c). Pub. L. 109–58, § 236(1), substituted ‘‘geothermal resources’’ for ‘‘geothermal steam and associated geothermal resources’’.
Par. (g). Pub. L. 109–58, § 236(2), added par. (g).
1988—Par. (f). Pub. L. 100–443 added par. (f).
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109–58, title II, § 221, Aug. 8, 2005, 119 Stat. 660,
provided that: ‘‘This subtitle [subtitle B (§§ 221–237) of
title II of Pub. L. 109–58, enacting part B (§ 15871 et seq.)
of subchapter II of chapter 149 of Title 42, The Public
Health and Welfare, amending this section and sections
530 and 1002 to 1027 of this title, enacting provisions set
out as notes under section 1004 of this title, and amending provisions set out as a note under this section] may
be cited as the ‘John Rishel Geothermal Steam Act
Amendments of 2005’.’’
SHORT TITLE OF 1988 AMENDMENT
Section 1 of Pub. L. 100–443 provided that: ‘‘This Act
[enacting sections 1026 and 1027 of this title, amending
this section and sections 191, 226–3, 1005, 1017, and 1019
of this title, and enacting provisions set out as notes
under sections 1005 and 1026 of this title] may be known
as the ‘Geothermal Steam Act Amendments of 1988’.’’
SHORT TITLE
Pub. L. 91–581, § 1, Dec. 24, 1970, 84 Stat. 1566, as
amended by Pub. L. 109–58, title II, § 236(4), Aug. 8, 2005,
119 Stat. 671, provided that: ‘‘This Act [enacting this
chapter and amending section 530 of this title] may be
cited as the ‘Geothermal Steam Act of 1970’.’’

§ 1002. Lands subject to geothermal leasing
Subject to the provisions of section 1014 of this
title, the Secretary of the Interior may issue
leases for the development and utilization of
geothermal resources (1) in lands administered
by him, including public, withdrawn, and acquired lands, (2) in any national forest or other
lands administered by the Department of Agriculture through the Forest Service, including
public, withdrawn, and acquired lands, and (3) in
lands which have been conveyed by the United
States subject to a reservation to the United
States of the geothermal resources therein.
(Pub. L. 91–581, § 3, Dec. 24, 1970, 84 Stat. 1566;
Pub. L. 109–58, title II, § 236(1), (6), Aug. 8, 2005,
119 Stat. 671, 672.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline and
substituted ‘‘geothermal resources’’ for ‘‘geothermal
steam and associated geothermal resources’’ in two
places in text.

§ 1002a. Repealed. Pub. L. 97–214, § 7(16), July 12,
1982, 96 Stat. 174
Section, Pub. L. 95–356, title VIII, § 803(a), (b), Sept. 8,
1978, 92 Stat. 585; Pub. L. 96–125, title VIII, § 802(2), Nov.
26, 1979, 93 Stat. 948; Pub. L. 97–99, title IX, § 908, Dec.
23, 1981, 95 Stat. 1385, related to development of geothermal energy sources on military lands, contracts for
provision and operation of production facilities and energy purchases, and terms, conditions and prerequisites
of such contracts. See sections 2917 and 2922a of Title
10, Armed Forces.

Page 203

TITLE 30—MINERAL LANDS AND MINING

Section 803(c) of Pub. L. 95–356, which provided that
this section take effect Oct. 1, 1978, was repealed by
Pub. L. 97–214, § 7(16), July 12, 1982, 96 Stat. 174.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing before, on, or after
such date, see section 12(a) of Pub. L. 97–214, set out as
an Effective Date note under section 2801 of Title 10,
Armed Forces.

§ 1003. Leasing procedures
(a) Nominations
The Secretary shall accept nominations of
land to be leased at any time from qualified
companies and individuals under this chapter.
(b) Competitive lease sale required
(1) In general
Except as otherwise specifically provided by
this chapter, all land to be leased that is not
subject to leasing under subsection (c) of this
section shall be leased as provided in this subsection to the highest responsible qualified
bidder, as determined by the Secretary.
(2) Competitive lease sales
The Secretary shall hold a competitive lease
sale at least once every 2 years for land in a
State that has nominations pending under
subsection (a) of this section if the land is
otherwise available for leasing.
(3) Lands subject to mining claims
Lands that are subject to a mining claim for
which a plan of operations has been approved
by the relevant Federal land management
agency may be available for noncompetitive
leasing under this section to the mining claim
holder.
(c) Noncompetitive leasing
The Secretary shall make available for a period of 2 years for noncompetitive leasing any
tract for which a competitive lease sale is held,
but for which the Secretary does not receive any
bids in a competitive lease sale.
(d) Pending lease applications
(1) In general
It shall be a priority for the Secretary, and
for the Secretary of Agriculture with respect
to National Forest Systems land, to ensure
timely completion of administrative actions,
including amendments to applicable forest
plans and resource management plans, necessary to process applications for geothermal
leasing pending on August 8, 2005.1 All future
forest plans and resource management plans
for areas with high geothermal resource potential shall consider geothermal leasing and
development.
(2) Administration
An application described in paragraph (1)
and any lease issued pursuant to the application—
(A) except as provided in subparagraph (B),
shall be subject to this section as in effect
on the day before August 8, 2005; or
1 See

Codification note below.

§ 1004

(B) at the election of the applicant, shall
be subject to this section as in effect on August 8, 2005.
(e) Leases sold as a block
If information is available to the Secretary indicating a geothermal resource that could be
produced as 1 unit can reasonably be expected to
underlie more than 1 parcel to be offered in a
competitive lease sale, the parcels for such a resource may be offered for bidding as a block in
the competitive lease sale.
(f) Leasing for direct use of geothermal resources
Notwithstanding subsection (b) of this section,
the Secretary may identify areas in which the
land to be leased under this chapter exclusively
for direct use of geothermal resources, without
sale for purposes other than commercial generation of electricity, may be leased to any qualified applicant that first applies for such a lease
under regulations issued by the Secretary, if the
Secretary—
(1) publishes a notice of the land proposed
for leasing not later than 90 days before the
date of the issuance of the lease;
(2) does not receive during the 90-day period
beginning on the date of the publication any
nomination to include the land concerned in
the next competitive lease sale; and
(3) determines there is no competitive interest in the geothermal resources in the land to
be leased.
(g) Area subject to lease for direct use
(1) In general
Subject to paragraph (2), a geothermal lease
for the direct use of geothermal resources
shall cover not more than the quantity of
acreage determined by the Secretary to be
reasonably necessary for the proposed use.
(2) Limitations
The quantity of acreage covered by the lease
shall not exceed the limitations established
under section 1006 of this title.
(Pub. L. 91–581, § 4, Dec. 24, 1970, 84 Stat. 1566;
Pub. L. 109–58, title II, §§ 222, 223(b), Aug. 8, 2005,
119 Stat. 660, 662.)
CODIFICATION
August 8, 2005, referred to in subsec. (d)(1), was in the
original ‘‘the date of enactment of this subsection’’
which was translated as meaning the date of enactment
of Pub. L. 109–58, which amended this section generally,
to reflect the probable intent of Congress.
AMENDMENTS
2005—Pub. L. 109–58, § 222, inserted section catchline
and amended text generally. Prior to amendment, text
related to competitive bidding requirements, conversion of prior leases to geothermal leases, conflicting
land interests, conversion of prior applications, acreage
limitation, regulations, and time for payment.
Subsecs. (f), (g). Pub. L. 109–58, § 223(b), added subsecs.
(f) and (g).

§ 1004. Rents and royalties
(a) In general
Geothermal leases shall provide for—
(1) a royalty on electricity produced using
geothermal resources, other than direct use of
geothermal resources, that shall be—

§ 1004

TITLE 30—MINERAL LANDS AND MINING

(A) not less than 1 percent and not more
than 2.5 percent of the gross proceeds from
the sale of electricity produced from such resources during the first 10 years of production under the lease; and
(B) not less than 2 and not more than 5
percent of the gross proceeds from the sale
of electricity produced from such resources
during each year after such 10-year period;
(2) a royalty on any byproduct that is a mineral specified in the first section of the Mineral Leasing Act (30 U.S.C. 181), and that is derived from production under the lease, at the
rate of the royalty that applies under that Act
[30 U.S.C. 181 et seq.] to production of the mineral under a lease under that Act; and
(3) payment in advance of an annual rental
of not less than—
(A) for each of the 1st through 10th years
of the lease—
(i) in the case of a lease awarded in a
noncompetitive lease sale, $1 per acre or
fraction thereof; or
(ii) in the case of a lease awarded in a
competitive lease sale, $2 per acre or fraction thereof for the 1st year and $3 per acre
or fraction thereof for each of the 2nd
through 10th years; and
(B) for each year after the 10th year of the
lease, $5 per acre or fraction thereof; 1
(b) Direct use
(1) In general
Notwithstanding subsection (a)(1) of this
section, the Secretary shall establish a schedule of fees, in lieu of royalties for geothermal
resources, that a lessee or its affiliate—
(A) uses for a purpose other than the commercial generation of electricity; and
(B) does not sell.
(2) Schedule of fees
The schedule of fees—
(A) may be based on the quantity or thermal content, or both, of geothermal resources used;
(B) shall ensure a fair return to the United
States for use of the resource; and
(C) shall encourage development of the resource.
(3) State, tribal, or local governments
If a State, tribal, or local government is the
lessee and uses geothermal resources without
sale and for public purposes other than commercial generation of electricity, the Secretary shall charge only a nominal fee for use
of the resource.
(4) Final regulation
In issuing any final regulation establishing a
schedule of fees under this subsection, the Secretary shall seek—
(A) to provide lessees with a simplified administrative system;
(B) to facilitate development of direct use
of geothermal resources; and
(C) to contribute to sustainable economic
development opportunities in the area.
1 So

in original. The semicolon probably should be a period.

Page 204

(c) Final regulation establishing royalty rates
In issuing any final regulation establishing
royalty rates under this section, the Secretary
shall seek—
(1) to provide lessees a simplified administrative system;
(2) to encourage new development; and
(3) to achieve the same level of royalty revenues over a 10-year period as the regulation in
effect on August 8, 2005.
(d) Credits for in-kind payments of electricity
The Secretary may provide to a lessee a credit
against royalties owed under this chapter, in an
amount equal to the value of electricity provided under contract to a State or county government that is entitled to a portion of such
royalties under section 1019 of this title, section
35 of the Mineral Leasing Act (30 U.S.C. 191), except as otherwise provided by this section, or
section 355 of this title, if—
(1) the Secretary has approved in advance
the contract between the lessee and the State
or county government for such in-kind payments;
(2) the contract establishes a specific methodology to determine the value of such credits; and
(3) the maximum credit will be equal to the
royalty value owed to the State or county
that is a party to the contract and the electricity received will serve as the royalty payment from the Federal Government to that
entity.
(e) Crediting of rental toward royalty
Any annual rental under this section that is
paid with respect to a lease before the first day
of the year for which the annual rental is owed
shall be credited to the amount of royalty that
is required to be paid under the lease for that
year.
(f) Advanced royalties required for cessation of
production
(1) In general
Subject to paragraphs (2) and (3), if, at any
time after commercial production under a
lease is achieved, production ceases for any
reason, the lease shall remain in full force and
effect for a period of not more than an aggregate number of 10 years beginning on the date
production ceases, if, during the period in
which production is ceased, the lessee pays
royalties in advance at the monthly average
rate at which the royalty was paid during the
period of production.
(2) Reduction
The amount of any production royalty paid
for any year shall be reduced (but not below 0)
by the amount of any advanced royalties paid
under the lease to the extent that the advance
royalties have not been used to reduce production royalties for a prior year.
(3) Exceptions
Paragraph (1) shall not apply if the cessation
in production is required or otherwise caused
by—
(A) the Secretary;
(B) the Secretary of the Air Force;

Page 205

TITLE 30—MINERAL LANDS AND MINING

(C) the Secretary of the Army;
(D) the Secretary of the Navy;
(E) a State or a political subdivision of a
State; or
(F) a force majeure.
(g) Termination of lease for failure to pay rental
(1) In general
The Secretary shall terminate any lease
with respect to which rental is not paid in accordance with this chapter and the terms of
the lease under which the rental is required,
on the expiration of the 45-day period beginning on the date of the failure to pay the rental.
(2) Notification
The Secretary shall promptly notify a lessee
that has not paid rental required under the
lease that the lease will be terminated at the
end of the period referred to in paragraph (1).
(3) Reinstatement
A lease that would otherwise terminate
under paragraph (1) shall not terminate under
that paragraph if the lessee pays to the Secretary, before the end of the period referred to
in paragraph (1), the amount of rental due plus
a late fee equal to 10 percent of the amount.
(Pub. L. 91–581, § 5, Dec. 24, 1970, 84 Stat. 1567;
Pub. L. 109–58, title II, §§ 223(a), 224(a), 228, 230,
232, 233, 236(7), Aug. 8, 2005, 119 Stat. 661, 662,
667–670, 672.)
REFERENCES IN TEXT
The Mineral Leasing Act, referred to in subsec. (a)(2),
is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended,
which is classified generally to chapter 3A (§ 181 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 181
of this title and Tables.
AMENDMENTS
2005—Pub. L. 109–58, §§ 223(a)(1)–(3), 224(a)(1), 228,
230(1)–(3), 233(a), 236(7), inserted section catchline, designated existing provisions as subsec. (a) and inserted
heading, redesignated subpars. (1) and (2) of par. (c) as
subpars. (A) and (B), respectively, redesignated pars. (a)
to (d) as pars. (1) to (4), respectively, of subsec. (a),
added new pars. (1) to (3) of subsec. (a) and struck out
former pars. (1) to (4) of subsec. (a) which related to
royalties for amount or value of steam or other form of
heat energy, royalty for value of byproducts, payment
of annual rental, and royalties in lieu of rentals.
Subsec. (b). Pub. L. 109–58, § 223(a)(4), added subsec.
(b).
Subsecs. (c), (d). Pub. L. 109–58, § 224(a)(2), added subsecs. (c) and (d).
Subsec. (e). Pub. L. 109–58, § 230(4), added subsec. (e).
Subsec. (f). Pub. L. 109–58, § 232, added subsec. (f).
Subsec. (g). Pub. L. 109–58, § 233(b), added subsec. (g).
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–58, title II, § 223(c), Aug. 8, 2005, 119 Stat.
662, provided that: ‘‘The schedule of fees established
under the amendment made by subsection (a)(4)
[amending this section] shall apply with respect to payments under a lease converted under this subsection
that are due and owing, and have been paid, on or after
July 16, 2003. This subsection shall not require the refund of royalties paid to a State under section 20 of the
Geothermal Steam Act of 1970 (30 U.S.C. 1019) prior to
the date of enactment of this Act [Aug. 8, 2005].’’
INCENTIVES AND ROYALTIES FOR EXISTING LEASES
Pub. L. 109–58, title II, § 224(c)–(e), Aug. 8, 2005, 119
Stat. 663, 664, provided that:

§ 1004

‘‘(c) NEAR-TERM PRODUCTION INCENTIVE FOR EXISTING
LEASES.—
‘‘(1) IN GENERAL.—Notwithstanding section 5(a) of
the Geothermal Steam Act of 1970 [30 U.S.C. 1004(a)],
the royalty required to be paid shall be 50 percent of
the amount of the royalty otherwise required, on any
lease issued before the date of enactment of this Act
[Aug. 8, 2005] that does not convert to new royalty
terms under subsection (e)—
‘‘(A) with respect to commercial production of energy from a facility that begins such production in
the 6-year period beginning on the date of enactment of this Act; or
‘‘(B) on qualified expansion geothermal energy.
‘‘(2) 4-YEAR APPLICATION.—Paragraph (1) applies
only to new commercial production of energy from a
facility in the first 4 years of such production.
‘‘(d) DEFINITION OF QUALIFIED EXPANSION GEOTHERMAL
ENERGY.—In this section [amending this section and
section 1019 of this title and enacting provisions set out
as a note under this section], the term ‘qualified expansion geothermal energy’ means geothermal energy produced from a generation facility for which—
‘‘(1) the production is increased by more than 10
percent as a result of expansion of the facility carried
out in the 6-year period beginning on the date of enactment of this Act [Aug. 8, 2005]; and
‘‘(2) such production increase is greater than 10 percent of the average production by the facility during
the 5-year period preceding the expansion of the facility (as such average is adjusted to reflect any trend
in changes in production during that period).
‘‘(e) ROYALTY UNDER EXISTING LEASES.—
‘‘(1) IN GENERAL.—Any lessee under a lease issued
under the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.) before the date of enactment of this Act
[Aug. 8, 2005] may, within the time period specified in
paragraph (2), submit to the Secretary of the Interior
a request to modify the terms of the lease relating to
payment of royalties to provide—
‘‘(A) in the case of a lease that meets the requirements of subsection (b) of section 5 of the Geothermal Steam Act of 1970 (30 U.S.C. 1004) (as
amended by section 223), that royalties be based on
the schedule of fees established under that section;
and
‘‘(B) in the case of any other lease, that royalties
be computed on a percentage of the gross proceeds
from the sale of electricity, at a royalty rate that
is expected to yield total royalty payments equivalent to payments that would have been received for
comparable production under the royalty rate in effect for the lease before the date of enactment of
this subsection.
‘‘(2) TIMING.—A request for a modification under
paragraph (1) shall be submitted to the Secretary of
the Interior by the date that is not later than—
‘‘(A) in the case of a lease for direct use, 18
months after the effective date of the schedule of
fees established by the Secretary of the Interior
under section 5 of the Geothermal Steam Act of
1970 (30 U.S.C. 1004); or
‘‘(B) in the case of any other lease, 18 months
after the effective date of the final regulation issued under subsection (a) [amending this section].
‘‘(3) APPLICATION OF MODIFICATION.—If the lessee requests modification of a lease under paragraph (1)—
‘‘(A) the Secretary of the Interior shall, within
180 days after the receipt of the request for modification, modify the lease to comply with—
‘‘(i) in the case of a lease for direct use, the
schedule of fees established by the Secretary
under section 5 of the Geothermal Steam Act of
1970 (30 U.S.C. 1004); or
‘‘(ii) in the case of any other lease, the royalty
for the lease established under paragraph (1)(B);
and
‘‘(B) the modification shall apply to any use of
geothermal resources to which subsection (a)
[amending this section] applies that occurs after
the date of the modification.

§ 1005

TITLE 30—MINERAL LANDS AND MINING

‘‘(4) CONSULTATION.—The Secretary of the Interior
shall consult with the State and local governments
affected by any proposed changes in lease royalty
terms under this subsection.’’

§ 1005. Lease term and work commitment requirements
(a) In general
(1) Primary term
A geothermal lease shall be for a primary
term of 10 years.
(2) Initial extension
The Secretary shall extend the primary
term of a geothermal lease for 5 years if, for
each year after the 10th year of the lease—
(A) the Secretary determined under subsection (b) of this section that the lessee satisfied the work commitment requirements
that applied to the lease for that year; or
(B) the lessee paid in annual payments accordance with subsection (c) of this section.
(3) Additional extension
The Secretary shall extend the primary
term of a geothermal lease (after an initial extension under paragraph (2)) for an additional
5 years if, for each year of the initial extension under paragraph (2), the Secretary determined under subsection (b) of this section that
the lessee satisfied the minimum work requirements that applied to the lease for that
year.
(b) Requirement to satisfy annual minimum
work requirement
(1) In general
The lessee for a geothermal lease shall, for
each year after the 10th year of the lease, satisfy minimum work requirements prescribed
by the Secretary that apply to the lease for
that year.
(2) Prescription of minimum work requirements
The Secretary shall issue regulations prescribing minimum work requirements for geothermal leases, that—
(A) establish a geothermal potential; and
(B) if a geothermal potential has been established, confirm the existence of producible geothermal resources.
(c) Payments in lieu of minimum work requirements
In lieu of the minimum work requirements set
forth in subsection (b)(2) of this section, the Secretary shall by regulation establish minimum
annual payments which may be made by the lessee for a limited number of years that the Secretary determines will not impair achieving diligent development of the geothermal resource,
but in no event shall the number of years exceed
the duration of the extension period provided in
subsection (a) of this section.
(d) Transition rules for leases issued prior to August 8, 2005
The Secretary shall by regulation establish
transition rules for leases issued before August
8, 2005, including terms under which a lease that
is near the end of its term on August 8, 2005,
may be extended for up to 2 years—

Page 206

(1) to allow achievement of production under
the lease; or
(2) to allow the lease to be included in a producing unit.
(e) Geothermal lease overlying mining claim
(1) Exemption
The lessee for a geothermal lease of an area
overlying an area subject to a mining claim
for which a plan of operations has been approved by the relevant Federal land management agency is exempt from annual work requirements established under this chapter, if
development of the geothermal resource subject to the lease would interfere with the mining operations under such claim.
(2) Termination of exemption
An exemption under this paragraph expires
upon the termination of the mining operations.
(f) Termination of application of requirements
Minimum work requirements prescribed under
this section shall not apply to a geothermal
lease after the date on which the geothermal resource is utilized under the lease in commercial
quantities.
(g) Cooperative or unit plan for drilling operations; extension of term; renewal
Any lease for land on which, or for which
under an approved cooperative or unit plan of
development or operation, actual drilling operations were commenced prior to the end of its
primary term and are being diligently prosecuted at that time shall be extended for five
years and so long thereafter, but not more than
thirty-five years, as geothermal steam is produced or utilized in commercial quantities. If, at
the end of such extended term, steam is being
produced or utilized in commercial quantities
and the lands are not needed for other purposes,
the lessee shall have a preferential right to a renewal of such lease for a second term in accordance with such terms and conditions as the Secretary deems appropriate.
(h) ‘‘Produced or utilized in commercial quantities’’ defined
Except as otherwise provided for in this section, for purposes of this section the term ‘‘produced or utilized in commercial quantities’’
means the completion of a well producing geothermal steam in commercial quantities. Such
term shall also include the completion of a well
capable of producing geothermal steam in commercial quantities so long as the Secretary determines that diligent efforts are being made toward the utilization of the geothermal steam.
(i) Principles for location of minerals under mining laws when minerals are not associated
with geothermal resources
Minerals locatable under the mining laws of
the United States in lands subject to a geothermal lease issued under the provisions of this
chapter which are not associated with the geothermal resources of such lands as defined in
section 1001(c) of this title shall be locatable
under said mining laws in accordance with the
principles of the Multiple Mineral Development
Act (68 Stat. 708; found in 30 U.S.C. 521 et seq.).

Page 207

TITLE 30—MINERAL LANDS AND MINING

(Pub. L. 91–581, § 6, Dec. 24, 1970, 84 Stat. 1568;
Pub. L. 100–443, §§ 2(b), 3, Sept. 22, 1988, 102 Stat.
1766; Pub. L. 109–58, title II, §§ 231, 236(1), Aug. 8,
2005, 119 Stat. 668, 671.)
REFERENCES IN TEXT
The Multiple Mineral Development Act, referred to in
subsec. (i), is act Aug. 13, 1954, ch. 730, 68 Stat. 708, as
amended, which is classified principally to chapter 12
(§ 521 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 521 of this title and Tables.
CODIFICATION
August 8, 2005, referred to in introductory provisions
of subsec. (d), was in the original ‘‘the date of the enactment of this subsection’’ and ‘‘the date of enactment of this subsection’’, which was translated as
meaning the date of enactment of Pub. L. 109–58, which
substantially amended this section, to reflect the probable intent of Congress.
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline, added
subsecs. (a) to (f), redesignated former subsecs. (c), (d),
and (f) as (g), (h), and (i), respectively, substituted
‘‘geothermal resources’’ for ‘‘geothermal steam and associated geothermal resources’’ in subsec. (i), and
struck out former subsecs. (a), (b), (e), and (g) to (j),
which related to primary and continuation terms, renewals, conversions to mineral leases, five-year extensions, bona fide effort requirement for extensions, payments in lieu of commercial quantities production, and
significant expenditure, respectively.
1988—Subsec. (d). Pub. L. 100–443, § 2(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read
as follows: ‘‘For purposes of subsection (a) of this section, production or utilization of geothermal steam in
commercial quantities shall be deemed to include the
completion of one or more wells producing or capable
of producing geothermal steam in commercial quantities and a bona fide sale of such geothermal steam for
delivery to or utilization by a facility or facilities not
yet installed but scheduled for installation not later
than fifteen years from the date of commencement of
the primary term of the lease.’’
Subsecs. (g) to (j). Pub. L. 100–443, § 3, added subsecs.
(g) to (j).
CONSISTENCY PROVISION
Section 9 of Pub. L. 100–443 provided that: ‘‘To the extent that any provision in this Act [see Short Title of
1988 Amendment note set out under section 1001 of this
title] is inconsistent with the provisions of section
115(2) of title I of section 101(h) of Public Law 99–591 (100
Stat. 3341–264 through 100 Stat. 3341–266) [set out
below], this Act shall be deemed to supersede the provisions of such section.’’
EXTENSION OF LEASE; LISTING, MONITORING AND PROTECTION OF SIGNIFICANT THERMAL FEATURES IN NATIONAL PARK SYSTEM; FACTORS CONSIDERED IN ISSUING OR DENYING LEASES; EFFECT ON OTHER PROVISIONS

Pub. L. 99–500, § 101(h) [title I, § 115], Oct. 18, 1986, 100
Stat. 1783–242, 1783–264, and Pub. L. 99–591, § 101(h) [title
I, § 115], Oct. 30, 1986, 100 Stat. 3341–242, 3341–264, as
amended by Pub. L. 106–510, § 3(a)(2), (b)(2), Nov. 13, 2000,
114 Stat. 2363, provided that:
‘‘(1) The primary term of any geothermal lease in effect as of July 27, 1984, issued pursuant to the Geothermal [Steam] Act of 1970 (Public Law 91–581, 84 Stat.
1566, 30 U.S.C. 1001–1025) is hereby extended to December 31, 1988, if the Secretary of the Interior finds that—
‘‘(a) a bona fide sale of the geothermal resource,
from a well capable of production, for delivery to or
utilization by a facility or facilities, has not been
completed (1) due to administrative delays by govern-

§ 1005

ment entities, beyond the control of the lessee, or (2)
such sale would be uneconomic;
‘‘(b) substantial investment in the development of
or for the benefit of the lease has been made; and
‘‘(c) the lease would otherwise expire prior to December 31, 1988.
‘‘(2)(a) The Secretary of the Interior (hereinafter in
this section referred to as ‘the Secretary’ shall publish
for public comment in the Federal Register within 120
days after the date of enactment of this section [Oct.
18, 1986] a proposed list of significant thermal features
within the following units of the National Park System:
‘‘Mount Rainier National Park;
‘‘Lassen Volcanic National Park;
‘‘Yellowstone National Park;
‘‘Bering Land Bridge National Preserve;
‘‘Gates of the Arctic National Park and Preserve;
‘‘Yukon-Charley Rivers National Preserve;
‘‘Katmai National Park;
‘‘Aniakchak National Monument and Preserve;
‘‘Wrangell-St. Elias National Park and Preserve;
‘‘Glacier Bay National Park and Preserve;
‘‘Denali National Park and Preserve;
‘‘Lake Clark National Park and Preserve;
‘‘Hot Springs National Park;
‘‘Sequoia National Park;
‘‘Hawai‘i Volcanoes National Park;
‘‘Lake Mead National Recreation Area;
‘‘Big Bend National Park;
‘‘Olympic National Park;
‘‘Grand Teton National Park;
‘‘John D. Rockefeller, Jr. Memorial Parkway;
‘‘Haleakala¯ National Park; and
‘‘Crater Lake National Park.
The Secretary shall include with such list the basis for
his determination with respect to each thermal feature
on the list. Based on public comment on such list, the
Secretary is authorized to make additions to or deletions from the list. Not later than the 60th day from
the date on which the proposed list was published in
the Federal Register, the Secretary shall transmit the
list to the Committee on Energy and Natural Resources
of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives together
with copies of all public comments which he has received and indicating any additions to or deletions
from the list with a statement of the reasons therefor
and the basis for inclusion of each thermal feature on
the list. The Secretary shall consider the following criteria in determining the significance of thermal features:
‘‘(1) size, extent, and uniqueness;
‘‘(2) scientific and geologic significance;
‘‘(3) the extent to which such features remain in a
natural, undisturbed condition; and
‘‘(4) significance of thermal features to the authorized purposes for which the National Park System
unit was created.
The Secretary shall not issue any geothermal lease
pursuant to the Geothermal Steam Act of 1970 (Public
Law 91–581, 84 Stat. 1566), as amended [30 U.S.C. 1001 et
seq.], until such time as the Secretary has transmitted
the list to the Committees of Congress as provided in
this section.
‘‘(b) The Secretary shall maintain a monitoring program for those significant thermal features listed pursuant to subsection (a) of this section.
‘‘(c) Upon receipt of an application for a geothermal
lease the Secretary shall determine on the basis of scientific evidence if exploration, development, or utilization of the lands subject to the geothermal lease application is reasonably likely to result in a significant adverse effect on a significant thermal feature listed pursuant to subsection (a) of this section. Such determination shall be subject to notice and public comment. If
the Secretary determines on the basis of scientific evidence that the exploration, development, or utilization
of the land subject to the geothermal lease application
is reasonably likely to result in a significant adverse

§ 1006

TITLE 30—MINERAL LANDS AND MINING

effect on a significant thermal feature listed pursuant
to subsection (a) of this section, the Secretary shall not
issue such geothermal lease. In addition, the Secretary
shall withdraw from leasing under the Geothermal
Steam Act of 1970, as amended, those lands, or portion
thereof, subject to the application for geothermal
lease, the exploration, development, or utilization of
which is reasonably likely to result, based on the Secretary’s determination, in a significant adverse effect
on a significant thermal feature listed pursuant to subsection (a) of this section.
‘‘(d) With respect to all geothermal leases issued
after the date of enactment of this section [Oct. 18,
1986] the Secretary shall include stipulations in leases
necessary to protect significant thermal features listed
pursuant to subsection (a) of this section where a determination is made based on scientific evidence that the
exploration, development, or utilization of the lands
subject to the lease is reasonably likely to adversely
affect such significant features. Such stipulations shall
include, but are not limited to:
‘‘(1) requiring the lessee to reinject geothermal
fluids into the rock formations from which they
originate;
‘‘(2) requiring the lessee to report annually to the
Secretary on its activities;
‘‘(3) requiring the lessee to continuously monitor
geothermal production and injection wells; and
‘‘(4) requiring the lessee to suspend activity, temporarily or permanently, on the lease if the Secretary
determines that ongoing exploration, development,
or utilization activities are having a significant adverse effect on significant thermal features listed
pursuant to subsection (a) of this section until such
time as the significant adverse effect is eliminated.
‘‘(e) The Secretary of Agriculture shall consider the
effects on significant thermal features of those units of
the National Park System identified in subsection (a)
of this section in determining whether to consent to
leasing under the Geothermal Steam Act of 1970, as
amended, on national forest or other lands administered by the Department of Agriculture available for
leasing under the Geothermal Steam Act of 1970, as
amended, including public, withdrawn, and acquired
lands.
‘‘(f) Nothing contained in this section shall affect the
ban on leasing under the Geothermal Steam Act of 1970,
as amended, with respect to the Island Park Known
Geothermal Resources Area, as provided for in Public
Law 98–473 (98 Stat. 1837) [see Tables for classification]
and Public Law 99–190 (99 Stat. 1267) [see Tables for
classification].
‘‘(g) Except as provided herein, nothing contained in
this section shall affect or modify the authorities or responsibilities of the Secretary under the Geothermal
Steam Act of 1970, as amended, or any other provision
of law.
‘‘(h) The provisions of this section shall remain in effect until Congress determines otherwise.’’

§ 1006. Acreage limitations
A geothermal lease shall embrace a reasonably
compact area of not more than 5,120 acres, except where a departure therefrom is occasioned
by an irregular subdivision or subdivisions. No
person, association, or corporation, except as
otherwise provided in this chapter, shall take,
hold, own, or control at one time, whether acquired directly from the Secretary under this
chapter or otherwise, any direct or indirect interest in Federal geothermal leases in any one
State exceeding 51,200 acres, including leases acquired under the provisions of section 1003 of
this title.
(Pub. L. 91–581, § 7, Dec. 24, 1970, 84 Stat. 1569;
Pub. L. 109–58, title II, § 235, Aug. 8, 2005, 119
Stat. 671.)

Page 208

AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline, substituted ‘‘5,120 acres’’ for ‘‘two thousand five hundred
and sixty acres’’ and ‘‘51,200 acres’’ for ‘‘twenty thousand four hundred and eighty acres’’ in text, and struck
out second par. which read as follows: ‘‘At any time
after fifteen years from December 24, 1970, the Secretary, after public hearings, may increase this maximum holding in any one State by regulation, not to exceed fifty-one thousand two hundred acres.’’

§ 1007. Readjustment of lease terms and conditions
(a) Initial readjustment; periodic intervals; notice; objections, relinquishment, and termination
The Secretary may readjust the terms and
conditions, except as otherwise provided herein,
of any geothermal lease issued under this chapter at not less than ten-year intervals beginning
ten years after the date the geothermal steam is
produced, as determined by the Secretary. Each
geothermal lease issued under this chapter shall
provide for such readjustment. The Secretary
shall give notice of any proposed readjustment
of terms and conditions, and, unless the lessee
files with the Secretary objection to the proposed terms or relinquishes the lease within
thirty days after receipt of such notice, the lessee shall conclusively be deemed to have agreed
with such terms and conditions. If the lessee
files objections, and no agreement can be
reached between the Secretary and the lessee
within a period of not less than sixty days, the
lease may be terminated by either party.
(b) Rentals and royalties; initial readjustment;
periodic intervals; limitation on increases
and on royalties; notice; objections, relinquishment, and termination
The Secretary may readjust the rentals and
royalties of any geothermal lease issued under
this chapter at not less than twenty-year intervals beginning thirty-five years after the date
geothermal steam is produced, as determined by
the Secretary. In the event of any such readjustment neither the rental nor royalty may be increased by more than 50 per centum over the
rental or royalty paid during the preceding period. Each geothermal lease issue 1 under this
chapter shall provide for such readjustment. The
Secretary shall give notice of any proposed readjustment of rentals and royalties, and, unless
the lessee files with the Secretary objection to
the proposed rentals and royalties or relinquishes the lease within thirty days after receipt of such notice, the lessee shall conclusively be deemed to have agreed with such terms
and conditions. If the lessee files objections, and
no agreement can be reached between the Secretary and the lessee within a period of not less
than sixty days, the lease may be terminated by
either party.
(c) Surface use, protection, or restoration of
lands withdrawn or acquired for Federal
agency; notice; approval of agency
Any readjustment of the terms and conditions
as to use, protection, or restoration of the surface of any lease of lands withdrawn or acquired
1 So

in original. Probably should be ‘‘issued’’.

Page 209

TITLE 30—MINERAL LANDS AND MINING

in aid of a function of a Federal department or
agency other than the Department of the Interior may be made only upon notice to, and with
the approval of, such department or agency.
(Pub. L. 91–581, § 8, Dec. 24, 1970, 84 Stat. 1569;
Pub. L. 109–58, title II, §§ 229, 236(8), Aug. 8, 2005,
119 Stat. 668, 672.)
AMENDMENTS
2005—Pub. L. 109–58, § 236(8), inserted section catchline.
Subsec. (b). Pub. L. 109–58, § 229, substituted ‘‘period’’
for ‘‘period, and in no event shall the royalty payable
exceed 221⁄2 per centum’’ in second sentence.

§ 1013

and production on a producing lease and he may,
on his own motion, in the interest of conservation suspend operations on any lease but in either case he may extend the lease term for the
period of any suspension, and he may waive, suspend, or reduce the rental or royalty required in
such lease.
(Pub. L. 91–581, § 11, Dec. 24, 1970, 84 Stat. 1570;
Pub. L. 109–58, title II, § 236(11), Aug. 8, 2005, 119
Stat. 672.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline.

§ 1011. Termination of leases

§ 1008. Byproducts
If the production, use, or conversion of geothermal steam is susceptible of producing a valuable byproduct or byproducts, including commercially demineralized water for beneficial
uses in accordance with applicable State water
laws, the Secretary shall require substantial
beneficial production or use thereof unless, in
individual circumstances he modifies or waives
this requirement in the interest of conservation
of natural resources or for other reasons satisfactory to him. However, the production or use
of such byproducts shall be subject to the rights
of the holders of preexisting leases, claims, or
permits covering the same land or the same
minerals, if any.
(Pub. L. 91–581, § 9, Dec. 24, 1970, 84 Stat. 1570;
Pub. L. 109–58, title II, § 236(9), Aug. 8, 2005, 119
Stat. 672.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline.

§ 1009. Relinquishment of geothermal rights
The holder of any geothermal lease at any
time may make and file in the appropriate land
office a written relinquishment of all rights
under such lease or of any legal subdivision of
the area covered by such lease. Such relinquishment shall be effective as of the date of its filing. Thereupon the lessee shall be released of all
obligations thereafter accruing under said lease
with respect to the lands relinquished, but no
such relinquishment shall release such lessee, or
his surety or bond, from any liability for breach
of any obligation of the lease, other than an obligation to drill, accrued at the date of the relinquishment, or from the continued obligation, in
accordance with the applicable lease terms and
regulations, (1) to make payment of all accrued
rentals and royalties, (2) to place all wells on
the relinquished lands in condition for suspension or abandonment, and (3) to protect or restore substantially the surface and surface resources.
(Pub. L. 91–581, § 10, Dec. 24, 1970, 84 Stat. 1570;
Pub. L. 109–58, title II, § 236(10), Aug. 8, 2005, 119
Stat. 672.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline.

§ 1010. Suspension of operations and production
The Secretary, upon application by the lessee,
may authorize the lessee to suspend operations

Leases may be terminated by the Secretary
for any violation of the regulations or lease
terms after thirty days notice provided that
such violation is not corrected within the notice
period, or in the event the violation is such that
it cannot be corrected within the notice period
then provided that lessee has not commenced in
good faith within said notice period to correct
such violation and thereafter to proceed diligently to correct such violation. Lessee shall be
entitled to a hearing on the matter of such
claimed violation or proposed termination of
lease if request for a hearing is made to the Secretary within the thirty-day period after notice.
The period for correction of violation or commencement to correct such violation of regulations or of lease terms, as aforesaid, shall be extended to thirty days after the Secretary’s decision after such hearing if the Secretary shall
find that a violation exists.
(Pub. L. 91–581, § 12, Dec. 24, 1970, 84 Stat. 1570;
Pub. L. 109–58, title II, § 236(12), Aug. 8, 2005, 119
Stat. 672.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline.

§ 1012. Waiver, suspension, or reduction of rental
or royalty
The Secretary may waive, suspend, or reduce
the rental or royalty for any lease or portion
thereof in the interests of conservation and to
encourage the greatest ultimate recovery of geothermal resources, if he determines that this is
necessary to promote development or that the
lease cannot be successfully operated under the
lease terms.
(Pub. L. 91–581, § 13, Dec. 24, 1970, 84 Stat. 1570;
Pub. L. 109–58, title II, § 236(13), Aug. 8, 2005, 119
Stat. 672.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline.

§ 1013. Surface land use
Subject to the other provisions of this chapter, a lessee shall be entitled to use so much of
the surface of the land covered by his geothermal lease as may be found by the Secretary
to be necessary for the production, utilization,
and conservation of geothermal resources.
(Pub. L. 91–581, § 14, Dec. 24, 1970, 84 Stat. 1571;
Pub. L. 109–58, title II, § 236(14), Aug. 8, 2005, 119
Stat. 672.)

§ 1014

TITLE 30—MINERAL LANDS AND MINING
AMENDMENTS

2005—Pub. L. 109–58 inserted section catchline.

§ 1014. Lands subject to geothermal leasing
(a) Terms and conditions for lands withdrawn or
acquired for Department of the Interior
Geothermal leases for lands withdrawn or acquired in aid of functions of the Department of
the Interior may be issued only under such
terms and conditions as the Secretary may prescribe to insure adequate utilization of the lands
for the purposes for which they were withdrawn
or acquired.
(b) Consent and terms and conditions for lands
withdrawn or acquired for Department of
Agriculture or for lands for power and related purposes
Geothermal leases for lands withdrawn or acquired in aid of functions of the Department of
Agriculture may be issued only with the consent
of, and subject to such terms and conditions as
may be prescribed by, the head of that Department to insure adequate utilization of the lands
for the purposes for which they were withdrawn
or acquired. Geothermal leases for lands to
which section 818 of title 16 is applicable, may be
issued only with the consent of, and subject to,
such terms and conditions as the Secretary of
Energy may prescribe to insure adequate utilization of such lands for power and related purposes.
(c) Exemption of certain Federal lands
Geothermal leases under this chapter shall not
be issued for lands administered in accordance
with (1) sections 1, 2, 3, and 4 of title 16, as
amended or supplemented, (2) for lands within a
national recreation area, (3) for lands in a fish
hatchery administered by the Secretary, wildlife
refuge, wildlife range, game range, wildlife management area, waterfowl production area, or for
lands acquired or reserved for the protection and
conservation of fish and wildlife that are threatened with extinction, (4) for tribally or individually owned Indian trust or restricted lands,
within or without the boundaries of Indian reservations.
(Pub. L. 91–581, § 15, Dec. 24, 1970, 84 Stat. 1571;
Pub. L. 95–91, title III, § 301(b), title VII, §§ 703,
707, Aug. 4, 1977, 91 Stat. 578, 606, 607; Pub. L.
109–58, title II, § 236(15), Aug. 8, 2005, 119 Stat.
672.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline.
TRANSFER OF FUNCTIONS
‘‘Secretary of Energy’’ substituted for ‘‘Federal
Power Commission’’ in subsec. (b) pursuant to sections
301(b), 703, and 707 of Pub. L. 95–91, which are classified
to sections 7151(b), 7293, and 7297 of Title 42, The Public
Health and Welfare, and which terminated Federal
Power Commission and transferred its functions (with
certain exceptions) to Secretary of Energy.

§ 1015. Requirement for lessees
Leases under this chapter may be issued only
to citizens of the United States, associations of
such citizens, corporations organized under the
laws of the United States or of any State or the

Page 210

District of Columbia, or governmental units, including, without limitation, municipalities.
(Pub. L. 91–581, § 16, Dec. 24, 1970, 84 Stat. 1571;
Pub. L. 109–58, title II, § 236(16), Aug. 8, 2005, 119
Stat. 672.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline.

§ 1016. Administration
Administration of this chapter shall be under
the principles of multiple use of lands and resources, and geothermal leases shall, insofar as
feasible, allow for coexistence of other leases of
the same lands for deposits of minerals under
the laws applicable to them, for the location and
production of claims under the mining laws, and
for other uses of the areas covered by them. Operations under such other leases or for such
other uses, however, shall not unreasonably
interfere with or endanger operations under any
lease issued pursuant to this chapter, nor shall
operations under leases so issued unreasonably
interfere with or endanger operations under any
lease, license, claim, or permit issued pursuant
to the provisions of any other Act.
(Pub. L. 91–581, § 17, Dec. 24, 1970, 84 Stat. 1571;
Pub. L. 109–58, title II, § 236(17), Aug. 8, 2005, 119
Stat. 672.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline.

§ 1017. Unit and communitization agreements
(a) Adoption of units by lessees
(1) In general
For the purpose of more properly conserving
the natural resources of any geothermal reservoir, field, or like area, or any part thereof
(whether or not any part of the geothermal
reservoir, field, or like area, is subject to any
cooperative plan of development or operation
(referred to in this section as a ‘‘unit agreement’’)), lessees thereof and their representatives may unite with each other, or jointly or
separately with others, in collectively adopting and operating under a unit agreement for
the reservoir, field, or like area, or any part
thereof, including direct use resources, if determined and certified by the Secretary to be
necessary or advisable in the public interest.
(2) Majority interest of single leases
A majority interest of owners of any single
lease shall have the authority to commit the
lease to a unit agreement.
(3) Initiative of Secretary
The Secretary may also initiate the formation of a unit agreement, or require an existing Federal lease to commit to a unit agreement, if in the public interest.
(4) Modification of lease requirements by Secretary
(A) In general
The Secretary may, in the discretion of
the Secretary and with the consent of the
holders of leases involved, establish, alter,
change, or revoke rates of operations (in-

Page 211

TITLE 30—MINERAL LANDS AND MINING

cluding drilling, operations, production, and
other requirements) of the leases and make
conditions with respect to the leases, with
the consent of the lessees, in connection
with the creation and operation of any such
unit agreement as the Secretary may consider necessary or advisable to secure the
protection of the public interest.
(B) Unlike terms or rates
Leases with unlike lease terms or royalty
rates shall not be required to be modified to
be in the same unit.
(b) Requirement of plans under new leases
The Secretary may—
(1) provide that geothermal leases issued
under this chapter shall contain a provision
requiring the lessee to operate under a unit
agreement; and
(2) prescribe the unit agreement under which
the lessee shall operate, which shall adequately protect the rights of all parties in interest, including the United States.
(c) Modification of rate of prospecting, development, and production
The Secretary may require that any unit
agreement authorized by this section that applies to land owned by the United States contain
a provision under which authority is vested in
the Secretary, or any person, committee, or
State or Federal officer or agency as may be
designated in the unit agreement to alter or
modify, from time to time, the rate of prospecting and development and the quantity and
rate of production under the unit agreement.
(d) Exclusion from determination of holding or
control
Any land that is subject to a unit agreement
approved or prescribed by the Secretary under
this section shall not be considered in determining holdings or control under section 1006 of this
title.
(e) Pooling of certain land
If separate tracts of land cannot be independently developed and operated to use geothermal
resources pursuant to any section of this chapter—
(1) the land, or a portion of the land, may be
pooled with other land, whether or not owned
by the United States, for purposes of development and operation under a communitization
agreement providing for an apportionment of
production or royalties among the separate
tracts of land comprising the production unit,
if the pooling is determined by the Secretary
to be in the public interest; and
(2) operation or production pursuant to the
communitization agreement shall be treated
as operation or production with respect to
each tract of land that is subject to the
communitization agreement.
(f) Unit agreement review
(1) In general
Not later than 5 years after the date of approval of any unit agreement and at least
every 5 years thereafter, the Secretary shall—
(A) review each unit agreement; and
(B) after notice and opportunity for comment, eliminate from inclusion in the unit

§ 1018

agreement any land that the Secretary determines is not reasonably necessary for
unit operations under the unit agreement.
(2) Basis for elimination
The elimination shall—
(A) be based on scientific evidence; and
(B) occur only if the elimination is determined by the Secretary to be for the purpose
of conserving and properly managing the
geothermal resource.
(3) Extension
Any land eliminated under this subsection
shall be eligible for an extension under section
1005(g) of this title if the land meets the requirements for the extension.
(g) Drilling or development contracts
(1) In general
The Secretary may, on such conditions as
the Secretary may prescribe, approve drilling
or development contracts made by one or
more lessees of geothermal leases, with one or
more persons, associations, or corporations if,
in the discretion of the Secretary, the conservation of natural resources or the public
convenience or necessity may require or the
interests of the United States may be best
served by the approval.
(2) Holdings or control
Each lease operated under an approved drilling or development contract, and interest
under the contract, shall be excepted in determining holdings or control under section 1006
of this title.
(h) Coordination with State governments
The Secretary shall coordinate unitization
and pooling activities with appropriate State
agencies.
(Pub. L. 91–581, § 18, Dec. 24, 1970, 84 Stat. 1571;
Pub. L. 100–443, § 4, Sept. 22, 1988, 102 Stat. 1768;
Pub. L. 109–58, title II, § 227, Aug. 8, 2005, 119
Stat. 666.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline and
amended text generally. Prior to amendment, text related to cooperative or unit plan of development or operation of geothermal pool, field, or like area, public
interest, determination and certification, regulations,
protection of parties in interest, authority respecting
rate of prospecting, development, and production, five
year review, and leases excepted from control for purposes of State acreage limitation.
1988—Pub. L. 100–443, § 4, inserted provisions relating
to five year review of plans and elimination of leases
from plans.

§ 1018. Data from Federal agencies
Upon request of the Secretary, other Federal
departments and agencies shall furnish him with
any relevant data then in their possession or
knowledge concerning or having bearing upon
fair and adequate charges to be made for geothermal steam produced or to be produced for
conversion to electric power or other purposes.
Data given to any department or agency as confidential under law shall not be furnished in any
fashion which identifies or tends to identify the
business entity whose activities are the subject

§ 1019

TITLE 30—MINERAL LANDS AND MINING

of such data or the person or persons who furnished such information.
(Pub. L. 91–581, § 19, Dec. 24, 1970, 84 Stat. 1572;
Pub. L. 109–58, title II, § 236(18), Aug. 8, 2005, 119
Stat. 673.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline.

§ 1019. Disposal of moneys from sales, bonuses,
rentals, and royalties
(a) In general
Except with respect to lands in the State of
Alaska, all monies received by the United States
from sales, bonuses, rentals, and royalties under
this chapter shall be paid into the Treasury of
the United States. Of amounts deposited under
this subsection, subject to the provisions of subsection (b) of section 191 of this title and section
1004(a)(2) of this title—
(1) 50 percent shall be paid to the State within the boundaries of which the leased lands or
geothermal resources are or were located; and
(2) 25 percent shall be paid to the county
within the boundaries of which the leased
lands or geothermal resources are or were located.
(b) Use of payments
Amounts paid to a State or county under subsection (a) of this section shall be used consistent with the terms of section 191 of this title.
(Pub. L. 91–581, § 20, Dec. 24, 1970, 84 Stat. 1572;
Pub. L. 100–443, § 5(a), Sept. 22, 1988, 102 Stat.
1768; Pub. L. 103–66, title X, § 10202(b), Aug. 10,
1993, 107 Stat. 408; Pub. L. 109–58, title II, § 224(b),
Aug. 8, 2005, 119 Stat. 663.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline and
amended text generally. Prior to amendment, text read
as follows: ‘‘Subject to the provisions of section 191(b)
of this title, all moneys received from the sales, bonuses, royalties and rentals under the provisions of this
chapter, including the payments referred to in section
1005(i) of this title, shall be disposed of in the same
manner as such moneys received pursuant to section
191 of this title or pursuant to section 355 of this title,
as the case may be.’’
1993—Pub. L. 103–66 substituted ‘‘Subject to the provisions of section 191(b) of this title, all moneys’’ for ‘‘All
moneys’’.
1988—Pub. L. 100–443 amended section generally. Prior
to amendment, section read as follows: ‘‘All moneys received under this chapter from public lands under the
jurisdiction of the Secretary shall be disposed of in the
same manner as moneys received from the sale of public lands. Moneys received under this chapter from
other lands shall be disposed of in the same manner as
other receipts from such lands.’’

§ 1020. Publication in Federal Register; reservation of mineral rights
Geothermal resources in lands the surface of
which has passed from Federal ownership but in
which the minerals have been reserved to the
United States shall not be developed or produced
except under geothermal leases made pursuant
to this chapter. If the Secretary of the Interior
finds that such development is imminent, or
that production from a well heretofore drilled
on such lands is imminent, he shall so report to

Page 212

the Attorney General, and the Attorney General
is authorized and directed to institute an appropriate proceeding in the United States district
court of the district in which such lands are located, to quiet the title of the United States in
such resources, and if the court determines that
the reservation of minerals to the United States
in the lands involved included the geothermal
resources, to enjoin their production otherwise
than under the terms of this chapter: Provided,
That upon an authoritative judicial determination that Federal mineral reservation does not
include geothermal resources the duties of the
Secretary of the Interior to report and of the Attorney General to institute proceedings, as hereinbefore set forth, shall cease.
(Pub. L. 91–581, § 21, Dec. 24, 1970, 84 Stat. 1572;
Pub. L. 109–58, title II, § 236(1), (3), (19), Aug. 8,
2005, 119 Stat. 671, 673.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline, struck
out ‘‘(b)’’ before ‘‘Geothermal’’, substituted ‘‘does not
include geothermal resources’’ for ‘‘does not include
geothermal steam and associated geothermal resources’’, and struck out subsec. (a) which read as follows: ‘‘Within one hundred and twenty days after December 24, 1970, the Secretary shall cause to be published in the Federal Register a determination of all
lands which were included within any known geothermal resources area on December 24, 1970. He shall
likewise publish in the Federal Register from time to
time his determination of other known geothermal resources areas specifying in each case the date the lands
were included in such area; and’’.

§ 1021. Federal exemption from State water laws
Nothing in this chapter shall constitute an express or implied claim or denial on the part of
the Federal Government as to its exemption
from State water laws.
(Pub. L. 91–581, § 22, Dec. 24, 1970, 84 Stat. 1573;
Pub. L. 109–58, title II, § 236(20), Aug. 8, 2005, 119
Stat. 673.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline.

§ 1022. Prevention of waste; exclusivity
(a) All leases under this chapter shall be subject to the condition that the lessee will, in conducting his exploration, development, and producing operations, use all reasonable precautions to prevent waste of geothermal resources developed in the lands leased.
(b) Rights to develop and utilize geothermal
resources underlying lands owned by the United
States may be acquired solely in accordance
with the provisions of this chapter.
(Pub. L. 91–581, § 23, Dec. 24, 1970, 84 Stat. 1573;
Pub. L. 109–58, title II, § 236(1), (21), Aug. 8, 2005,
119 Stat. 671, 673.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline and
substituted ‘‘geothermal resources’’ for ‘‘geothermal
steam and associated geothermal resources’’ in subsecs.
(a) and (b).

§ 1023. Rules and regulations
The Secretary shall prescribe such rules and
regulations as he may deem appropriate to carry

Page 213

TITLE 30—MINERAL LANDS AND MINING

out the provisions of this chapter. Such regulations may include, without limitation, provisions for (a) the prevention of waste, (b) development and conservation of geothermal and other
natural resources, (c) the protection of the public interest, (d) assignment, segregation, extension of terms, relinquishment of leases, development contracts, unitization, pooling, and drilling agreements, (e) compensatory royalty agreements, suspension of operations or production,
and suspension or reduction of rentals or royalties, (f) the filing of surety bonds to assure compliance with the terms of the lease and to protect surface use and resources, (g) use of the surface by a lessee of the lands embraced in his
lease, (h) the maintenance by the lessee of an
active development program, and (i) protection
of water quality and other environmental qualities.
(Pub. L. 91–581, § 24, Dec. 24, 1970, 84 Stat. 1573;
Pub. L. 109–58, title II, § 236(22), Aug. 8, 2005, 119
Stat. 673.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline.
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior to promulgate
regulations under this chapter relating to fostering of
competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for
operations conducted on Federal leases, setting of rates
for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and disposition of Federal royalty interests taken in kind,
transferred to Secretary of Energy by section 7152(b) of
Title 42, The Public Health and Welfare. Section 7152(b)
of Title 42 was repealed by Pub. L. 97–100, title II, § 201,
Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of
Energy returned to Secretary of the Interior. See
House Report No. 97–315, pp. 25, 26, Nov. 5, 1981.

§ 1024. Inclusion of geothermal leasing under certain other laws
As to any land subject to geothermal leasing
under section 1002 of this title, all laws which either (a) provide for the disposal of land by patent or other form of conveyance or by grant or
by operation of law subject to a reservation of
any mineral or (b) prevent or restrict the disposal of such land because of the mineral character of the land, shall hereafter be deemed to
embrace geothermal resources as a substance
which either must be reserved or must prevent
or restrict the disposal of such land, as the case
may be. This section shall not be construed to
affect grants, patents, or other forms of conveyances made prior to December 24, 1970.
(Pub. L. 91–581, § 25, Dec. 24, 1970, 84 Stat. 1573;
Pub. L. 109–58, title II, § 236(1), (23), Aug. 8, 2005,
119 Stat. 671, 673.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline and
substituted ‘‘geothermal resources’’ for ‘‘geothermal
steam and associated geothermal resources’’ in text.

§ 1025. Federal reservation of certain mineral
rights
The United States reserves the ownership of
and the right to extract under such rules and

§ 1026

regulations as the Secretary may prescribe oil,
hydrocarbon gas, and helium from all geothermal resources produced from lands leased
under this chapter in accordance with presently
applicable laws: Provided, That whenever the
right to extract oil, hydrocarbon gas, and helium from geothermal resources produced from
such lands is exercised pursuant to this section,
it shall be exercised so as to cause no substantial interference with the production of geothermal resources from such lands.
(Pub. L. 91–581, § 27, Dec. 24, 1970, 84 Stat. 1574;
Pub. L. 109–58, title II, § 236(1), (25), Aug. 8, 2005,
119 Stat. 671, 673.)
AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline and
substituted ‘‘geothermal resources’’ for ‘‘geothermal
steam and associated geothermal resources’’ wherever
appearing in text.

§ 1026. Significant thermal features
(a) Units of National Park System
(1) The Secretary shall maintain a list of significant thermal features, as defined in section
1001(f) of this title, within units of the National
Park System, including but not limited to the
following units:
(A) Mount Rainier National Park.
(B) Crater Lake National Park.
(C) Yellowstone National Park.
(D) John D. Rockefeller, Jr. Memorial Parkway.
(E) Bering Land Bridge National Preserve.
(F) Gates of the Arctic National Park and
Preserve.
(G) Katmai National Park.
(H) Aniakchak National Monument and Preserve.
(I) Wrangell-St. Elias National Park and
Preserve.
(J) Lake Clark National Park and Preserve.
(K) Hot Springs National Park.
(L) Big Bend National Park (including that
portion of the Rio Grande National Wild Scenic River within the boundaries of Big Bend
National Park).
(M) Lassen Volcanic National Park.
(N) Hawai‘i Volcanoes National Park.
(O) Haleakala¯ National Park.
(P) Lake Mead National Recreation Area.
(2) The Secretary may, after notice and public
comment, add significant thermal features within units of the National Park System to the significant thermal features list.
(3) The Secretary shall consider the following
criteria in determining the significance of thermal features:
(A) Size, extent and uniqueness.
(B) Scientific and geologic significance.
(C) The extent to which such features remain in a natural, undisturbed condition.
(D) Significance of thermal features to the
authorized purposes for which the National
Park System unit was established.
(b) Monitoring program
(1) The Secretary shall maintain a monitoring
program for significant thermal features within
units of the National Park System.

§ 1026

TITLE 30—MINERAL LANDS AND MINING

(2) As part of the monitoring program required
by paragraph (1), the Secretary shall establish a
research program to collect and assess data on
the geothermal resources within units of the National Park System with significant thermal
features. Such program shall be carried out by
the National Park Service in cooperation with
the U.S. Geological Survey and shall begin with
the collection and assessment of data for significant thermal features near current or proposed
geothermal development and shall also include
such features near areas of potential geothermal
development.
(c) Lease application; adverse effect
(1) Upon receipt of an application for a lease
under this chapter, the Secretary shall determine on the basis of scientific evidence if exploration, development or utilization of the lands
subject to the lease application is reasonably
likely to result in a significant adverse effect on
a significant thermal feature within a unit of
the National Park System. Such determination
shall be subject to notice and public comment.
(2) If the Secretary determines that the exploration, development or utilization of the land
subject to the lease application is reasonably
likely to result in a significant adverse effect on
a significant thermal feature within a unit of
the National Park System, the Secretary shall
not issue such lease.
(3) The Secretary shall not issue any lease
under this chapter for those lands, or portions
thereof, which are the subject of a determination made pursuant to subparagraph (2).
(d) Lease stipulations
With respect to all leases or drilling permits
issued, extended, renewed or modified under this
chapter, the Secretary shall include stipulations
in such leases and permits necessary to protect
significant thermal features within units of the
National Park System where the Secretary determines that, based on scientific evidence, the
exploration, development or utilization of the
land subject to the lease or drilling permit is
reasonably likely to adversely affect any such
significant thermal feature. Stipulations shall
include, but not be limited to—
(1) requiring the lessee to reinject geothermal fluids into the rock formations from
which they originate;
(2) requiring the lessee to report annually to
the Secretary on activities taken on the lease;
(3) requiring the lessee to continuously monitor geothermal resources production and injection wells; and
(4) requiring the lessee to suspend activity
on the lease if the Secretary determines that
ongoing exploration, development or utilization activities are having a significant adverse
effect on a significant thermal feature within
a unit of the National Park System until such
time as the significant adverse effect is eliminated. The stipulation shall provide for the
termination of the lease by the Secretary if
the significant adverse effect cannot be eliminated within a reasonable period of time.
(e) Lands administered by Department of Agriculture
The Secretary of Agriculture shall consider
the effects on significant thermal features with-

Page 214

in units of the National Park System in determining whether to consent to leasing under this
chapter on national forest lands or other lands
administered by the Department of Agriculture
available for leasing under this chapter, including public, withdrawn, and acquired lands.
(f) Prohibition
Nothing in this chapter shall affect the ban on
leasing under this chapter with respect to the Island Park Geothermal Area, as designated by
the map in the ‘‘Final Environmental Impact
Statement of the Island Park Geothermal Area’’
(January 15, 1980, p. XI), and provided for in Public Law 98–473.
(Pub. L. 91–581, § 28, as added Pub. L. 100–443, § 6,
Sept. 22, 1988, 102 Stat. 1769; amended Pub. L.
106–510, § 3(a)(2), (b)(2), Nov. 13, 2000, 114 Stat.
2363; Pub. L. 109–58, title II, § 236(1), (26), Aug. 8,
2005, 119 Stat. 671, 673.)
REFERENCES IN TEXT
Public Law 98–473, referred to in subsec. (f), is Pub. L.
98–473, Oct. 12, 1984, 98 Stat. 1837, as amended. For complete classification of this Act to the Code, see Tables.
AMENDMENTS
2005—Pub. L. 109–58, § 236(26), inserted section catchline.
Subsec. (d)(3). Pub. L. 109–58, § 236(1), substituted
‘‘geothermal resources’’ for ‘‘geothermal steam and associated geothermal resources’’.
2000—Subsec. (a)(1)(N). Pub. L. 106–510, § 3(a)(2), substituted ‘‘Hawai‘i Volcanoes National Park’’ for ‘‘Hawaii Volcanoes National Park’’.
Subsec. (a)(1)(O). Pub. L. 106–510, § 3(b)(2), substituted
‘‘Haleakala¯ National Park’’ for ‘‘Haleakala National
Park’’.
CORWIN SPRINGS KNOWN GEOTHERMAL RESOURCE AREA
STUDY
Section 8 of Pub. L. 100–443 provided that:
‘‘(a) The United States Geological Survey, in consultation with the National Park Service, shall conduct
a study on the impact of present and potential geothermal development in the vicinity of Yellowstone
National Park on the thermal features within the park.
The area to be studied shall be the lands within the
Corwin Springs Known Geothermal Resource Area as
designated in the July 22, 1975, Federal Register (Fed.
Reg. Vol. 40, No. 141). The study shall be transmitted to
Congress no later than December 1, 1990.
‘‘(b) Any production from existing geothermal wells
or any development of new geothermal wells or other
facilities related to geothermal production is prohibited in the Corwin Springs Known Geothermal Resource Area until 180 days after the receipt by Congress
of the study provided for in subsection (a) of this section.
‘‘(c) The Secretary may not issue, extend, renew or
modify any geothermal lease or drilling permit pursuant to the Geothermal Steam Act of 1970 (30 U.S.C.
1001–1025) in the Corwin Springs Known Geothermal Resource Area until 180 days after the receipt by Congress
of the study provided for in section 8(a) of this Act.
This section shall not be construed as requiring such
leasing activities subsequent to the 180 days after study
submittal.
‘‘(d) If the Secretary determines that geothermal
drilling and related activities within the area studied
pursuant to subsection (a) of this section may adversely affect the thermal features of Yellowstone National Park, the Secretary shall include in the study
required under subsection (a) of this section recommendations regarding the acquisition of the geothermal rights necessary to protect such thermal resources and features.’’

Page 215

TITLE 30—MINERAL LANDS AND MINING

§ 1027. Land subject to prohibition on leasing
The Secretary shall not issue any lease under
this chapter on those lands subject to the prohibition provided under section 226–3 of this title.
(Pub. L. 91–581, § 29, as added Pub. L. 100–443,
§ 5(d), Sept. 22, 1988, 102 Stat. 1769; amended Pub.
L. 109–58, title II, § 236(27), Aug. 8, 2005, 119 Stat.
673.)

Sec.

1102.

Definitions.
SUBCHAPTER I—GEOTHERMAL ENERGY
COORDINATION AND MANAGEMENT PROJECT

1121.
1122.
1123.
1124.
1125.
1126.

AMENDMENTS
2005—Pub. L. 109–58 inserted section catchline.

§ 1028. Hot dry rock geothermal energy
(a) USGS program
The Secretary of the Interior, acting through
the United States Geological Survey, and in
consultation with the Secretary of Energy, shall
establish a cooperative Government-private sector program with respect to hot dry rock geothermal energy resources on public lands (as
such term is defined in section 1702(e) of title 43)
and lands managed by the Department of Agriculture, other than any such public or other
lands that are withdrawn from geothermal leasing. Such program shall include, but shall not be
limited to, activities to identify, select, and
classify those areas throughout the United
States that have a high potential for hot dry
rock geothermal energy production and activities to develop and disseminate information regarding the utilization of such areas for hot dry
rock energy production. Such information may
include information regarding field test processes and techniques for assuring that hot dry
rock geothermal energy development projects
are developed in an economically feasible manner without adverse environmental consequences. Utilizing the information developed by
the Secretary, together with information developed in connection with other related programs
carried out by other Federal agencies, the Secretary, acting through the United States Geological Survey, may also enter into contracts
and cooperative agreements with any public or
private entity to provide assistance to any such
entity to enable such entity to carry out additional projects with respect to the utilization of
hot dry rock geothermal energy resources which
will further the purposes of this section.
(b) Authorization of appropriations
There are authorized to be appropriated such
sums as may be necesary 1 to carry out this section.
(Pub. L. 102–486, title XXV, § 2501, Oct. 24, 1992,
106 Stat. 3101.)
CODIFICATION
Section was enacted as part of the Energy Policy Act
of 1992, and not as part of the Geothermal Steam Act
of 1970 which comprises this chapter.

CHAPTER 24—GEOTHERMAL
SEARCH,
DEVELOPMENT,
ONSTRATION

ENERGY REAND
DEM-

Sec.

1101.
1 So

Congressional findings.
in original. Probably should be ‘‘necessary’’.

§ 1101

1141.
1142.
1143.
1144.
1145.
1146.
1147.

1161.
1162.
1163.
1164.

Formation of Project.
Program definition.
Resource inventory and assessment program.
Research and development.
Geothermal
demonstration
plants
and
projects.
Scientific and technical education.
SUBCHAPTER II—LOAN GUARANTIES
Establishment of loan guaranty program.
Payment of guaranteed obligation by Secretary of Energy.
Period of guaranties and interest assistance.
Geothermal Resources Development Fund.
Community impact assistance functions of
Secretary of Energy.
Approval or disapproval of loan guarantee applications.
Application of national environmental policy
provisions.
SUBCHAPTER III—GENERAL PROVISIONS
Protection of environment.
Final report to President and Congress on
terminated projects.
Transfer of functions.
Authorization of appropriations.

§ 1101. Congressional findings
The Congress hereby finds that—
(1) the Nation is currently suffering a critical shortage of environmentally acceptable
forms of energy;
(2) the inadequate organizational structures
and levels of funding for energy research have
limited the Nation’s current and future options for meeting energy needs;
(3) electric energy is a clean and convenient
form of energy at the location of its use and is
the only practicable form of energy in some
modern applications, but the demand for electric energy in every region of the United
States is taxing all of the alternative energy
sources presently available and is projected to
increase; some of the sources available for
electric power generation are already in short
supply, and the development and use of other
sources presently involve undesirable environmental impacts;
(4) the Nation’s critical energy problems can
be solved only if a national commitment is
made to dedicate the necessary financial resources, and enlist the cooperation of the private and public sectors, in developing geothermal resources and other nonconventional
sources of energy;
(5) the conventional geothermal resources
which are presently being used have limited
total potential; but geothermal resources
which are different from those presently being
used, and which have extremely large energy
content, are known to exist;
(6) some geothermal resources contain energy in forms other than heat; examples are
methane and extremely high pressures available upon release as kinetic energy;
(7) some geothermal resources contain valuable byproducts such as potable water and
mineral compounds which should be processed
and recovered as national resources;

§ 1102

TITLE 30—MINERAL LANDS AND MINING

(8) technologies are not presently available
for the development of most of these geothermal resources, but technologies for the
generation of electric energy from geothermal
resources are potentially economical and environmentally desirable, and the development of
geothermal resources offers possibilities of
process energy and other nonelectric applications;
(9) much of the known geothermal resources
exist on the public lands;
(10) Federal financial assistance is necessary
to encourage the extensive exploration, research, and development in geothermal resources which will bring these technologies to
the point of commercial application;
(11) the advancement of technology with the
cooperation of private industry for the production of useful forms of energy from geothermal
resources is important with respect to the
Federal responsibility for the general welfare,
to facilitate commerce, to encourage productive harmony between man and his environment, and to protect the public interest; and
(12) the Federal Government should encourage and assist private industry through Federal assistance for the development and demonstration of practicable means to produce
useful energy from geothermal resources with
environmentally acceptable processes.
(Pub. L. 93–410, § 2, Sept. 3, 1974, 88 Stat. 1079.)
SHORT TITLE
Section 1 of Pub. L. 93–410 provided that: ‘‘This Act
[enacting this chapter] may be cited as the ‘Geothermal Energy Research, Development, and Demonstration Act of 1974’.’’

§ 1102. Definitions
For the purposes of this chapter—
(1) the term ‘‘geothermal resources’’ means
(A) all products of geothermal processes, embracing indigenous steam, hot water, and
brines, (B) steam and other gases, hot water
and hot brines, resulting from water, gas, or
other fluids artificially introduced into geothermal formations, and (C) any byproduct derived from them;
(2) the term ‘‘byproduct’’ means any mineral
or minerals which are found in solution or in
association with geothermal resources and
which have a value of less than 75 percent of
the value of the geothermal steam and associated geothermal resources or are not, because
of quantity, quality, or technical difficulties
in extraction and production, of sufficient
value to warrant extraction and production by
themselves;
(3) ‘‘pilot plant’’ means an experimental unit
of small size used for early evaluation and development of new or improved processes and
to obtain technical, engineering, and cost
data;
(4) ‘‘demonstration plant’’ means a complete
facility which produces electricity, heat energy, or useful byproducts for commercial disposal from geothermal resources and which
will make a significant contribution to the
knowledge of full-size technology, plant operation, and process economics;
(5) the term ‘‘Project’’ means the Geothermal Energy Coordination and Manage-

Page 216

ment Project established by section 1121(a) of
this title;
(6) the term ‘‘fund’’ means the Geothermal
Resources Development Fund established by
section 1144(a) of this title; and
(7) the term ‘‘Chairman’’ means the Chairman of the Project.
(Pub. L. 93–410, § 3, Sept. 3, 1974, 88 Stat. 1080.)
SUBCHAPTER
I—GEOTHERMAL
ENERGY
COORDINATION
AND
MANAGEMENT
PROJECT
§ 1121. Formation of Project
(a) Establishment
There is hereby established the Geothermal
Energy Coordination and Management Project.
(b) Composition; members and chairman
(1) The Project shall be composed of six members as follows:
(A) one appointed by the President;
(B) an Assistant Director of the National
Science Foundation;
(C) an Assistant Secretary of the Department of the Interior;
(D) an Associate Administrator of the National Aeronautics and Space Administration;
(E) the Assistant Administrator of the Energy Research and Development Administration for Solar, Geothermal, and Advanced Energy Systems;
(F) an Assistant Administrator of the Federal Energy Administration;
(G) an Assistant Administrator of the Environmental Protection Agency;
(H) an Assistant Secretary of Treasury; and
(I) an Assistant Secretary of Agriculture.
(2) The President shall designate the Assistant
Administrator of the Energy Research and Development Administration for Solar, Geothermal, and Advanced Energy Systems to serve
as Chairman of the Project.
(3) If the individual appointed under paragraph
(1)(A) of this subsection is an officer or employee of the Federal Government, he shall receive no additional pay on account of his service
as a member of the Project. If such individual is
not an officer or employee of the Federal Government, he shall be entitled to receive the
daily equivalent of the annual rate of basic pay
in effect for level IV of the Executive Schedule
(5 U.S.C. 5315) for each day (including traveltime) during which he is engaged in the actual
performance of duties vested in the Project.
(c) Responsibility for geothermal energy research, development, and demonstration program
The Project shall have overall responsibility
for the provision of effective management and
coordination with respect to a national geothermal energy research, development, and demonstration program. Such program shall include—
(1) the determination and evaluation of the
resource base;
(2) research and development with respect to
exploration, extraction, and utilization technologies;

Page 217

TITLE 30—MINERAL LANDS AND MINING

(3) the demonstration of appropriate technologies; and
(4) the loan guaranty program under subchapter II of this chapter.
(d) Allocation of functions to certain agencies;
loaning of personnel
(1) The Project shall carry out its responsibilities under this section acting through the following Federal agencies:
(A) the Department of the Interior, the responsibilities of which shall include evaluation and assessment of the resource base, including development of exploration technologies;
(B) the National Aeronautics and Space Administration, the responsibilities of which
shall include the provision of contract management capability, evaluation and assessment of the resource base, and the development of technologies pursuant to section
1122(b) of this title;
(C) the Atomic Energy Commission, the responsibilities of which shall include the development of technologies; and
(D) the National Science Foundation, the responsibilities of which shall include basic and
applied research.
(2) Upon request of the Project, the head of
any such agency is authorized to detail or assign, on a reimbursable basis or otherwise, any
of the personnel of such agency to the Project to
assist it in carrying out its responsibilities
under this chapter.
(e) Exclusive authority of the Project
The Project shall have exclusive authority
with respect to the establishment or approval of
programs or projects initiated under this chapter, except that the agency involved in any particular program or project shall be responsible
for the operation and administration of such
program or project.
(Pub. L. 93–410, title I, § 101, Sept. 3, 1974, 88 Stat.
1080; Pub. L. 95–238, title V, § 502, Feb. 25, 1978, 92
Stat. 86.)
AMENDMENTS
1978—Subsec. (b)(1). Pub. L. 95–238, § 502(1)–(3), in subpar. (E) substituted ‘‘Assistant Administrator of the
Energy Research and Development Administration for
Solar, Geothermal, and Advanced Energy Systems;’’ for
‘‘General Manager of the Atomic Energy Commission;
and’’, and added subpars. (G) to (I).
Subsec. (b)(2). Pub. L. 95–238, § 502(4), substituted ‘‘the
Assistant Administrator of the Energy Research and
Development Administration for Solar, Geothermal,
and Advanced Energy Systems’’ for ‘‘one member of the
Project’’.
TRANSFER OF FUNCTIONS
Energy Research and Development Administration
terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by sections 7151(a)
and 7293 of Title 42, The Public Health and Welfare.
Atomic Energy Commission abolished and functions
transferred by sections 5814 and 5841 of Title 42. See,
also, Transfer of Functions notes set out under those
sections.
Federal Energy Administration terminated and all
functions transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and
7293 of Title 42.

§ 1123

§ 1122. Program definition
(a)(1) The Chairman, acting through the Administrator of the National Aeronautics and
Space Administration, is authorized and directed to prepare a comprehensive program definition of an integrated effort and commitment
for effectively developing geothermal energy resources. Such Administrator, in preparing such
comprehensive program definition, is authorized
to consult with other Federal agencies and nonFederal entities.
(2) The Chairman shall transmit such comprehensive program definition to the President and
to each House of the Congress. Interim reports
shall be transmitted not later than November 30,
1974, and not later than January 31, 1975. Such
comprehensive program definition shall be
transmitted as soon as possible thereafter, but
in any case not later than August 31, 1975.
(3) As part of the comprehensive program definition required by paragraph (1) of this subsection, the Chairman, acting through the
United States Geological Survey, shall transmit
to the President and to each House of the Congress a schedule and objectives for the inventorying of geothermal resources.
(b) The National Aeronautics and Space Administration is authorized to undertake and
carry out those programs assigned to it by the
Project.
(Pub. L. 93–410, title I, § 102, Sept. 3, 1974, 88 Stat.
1081; Pub. L. 102–154, title I, Nov. 13, 1991, 105
Stat. 1000.)
CHANGE OF NAME
‘‘United States Geological Survey’’ substituted for
‘‘Geological Survey’’ in subsec. (a)(3) pursuant to provision of title I of Pub. L. 102–154, set out as a note under
section 31 of Title 43, Public Lands.

§ 1123. Resource inventory and assessment program
(a) The Chairman shall initiate a resource inventory and assessment program with the objective of making regional and national appraisals
of all types of geothermal resources, including
identification of promising target areas for industrial exploration and development. The specific goals shall include—
(1) the improvement of geophysical, geochemical, geological, and hydrological techniques necessary for locating and evaluating
geothermal resources;
(2) the development of better methods for
predicting the power potential and longevity
of geothermal reservoirs;
(3) the determination and assessment of the
nature and power potential of the deeper unexplored parts of high temperature geothermal
convection systems; and
(4) the survey and assessment of regional
and national geothermal resources of all
types.
(b) The Chairman, acting through the United
States Geological Survey and other appropriate
agencies, shall—
(1) develop and carry out a general plan for
the orderly inventorying of all forms of geothermal resources of the Federal lands and,
where consistent with property rights and de-

§ 1124

TITLE 30—MINERAL LANDS AND MINING

termined by the Chairman to be in the national interest, of non-Federal lands;
(2) conduct regional surveys, based upon
such a general plan, using innovative geological, geophysical, geochemical, and stratagraphic drilling techniques, which will lead to
a national inventory of geothermal resources
in the United States;
(3) publish and make available maps, reports, and other documents developed from
such surveys to encourage and facilitate the
commercial development of geothermal resources for beneficial use and consistent with
the national interest;
(4) make such recommendations for legislation or administrative regulations as may
from time to time appear to be necessary to
make Federal leasing, environmental and taxing policy for geothermal resources consistent
with known inventories of various resource
types, with the current state of technologies
for geothermal energy development, and with
current evaluations of the environmental impacts of such development; and
(5) participate with appropriate Federal
agencies and non-Federal entities in research
to develop, improve, and test technologies for
the discovery and evaluation of all forms of
geothermal resources, and conduct research
into the principles controlling the location,
occurrence, size, temperature, energy content,
producibility, and economic lifetimes of geothermal reservoirs.
(Pub. L. 93–410, title I, § 103, Sept. 3, 1974, 88 Stat.
1082; Pub. L. 95–238, title V, § 503, Feb. 25, 1978, 92
Stat. 86; Pub. L. 102–154, title I, Nov. 13, 1991, 105
Stat. 1000.)
AMENDMENTS
1978—Subsec. (b)(4). Pub. L. 95–238 inserted ‘‘or administrative regulations’’ after ‘‘legislation’’ and
‘‘, environmental and taxing’’ after ‘‘leasing’’.
CHANGE OF NAME
‘‘United States Geological Survey’’ substituted for
‘‘Geological Survey’’ in subsec. (b) pursuant to provision of title I of Pub. L. 102–154, set out as a note under
section 31 of Title 43, Public Lands.

§ 1124. Research and development
(a) The Chairman, acting through the appropriate Federal agencies and in cooperation with
non-Federal entities, shall initiate a research
and development program for the purpose of resolving all major technical problems inhibiting
the fullest possible commercial utilization of
geothermal resources in the United States. The
specific goals of such programs shall include—
(1) the development of effective and efficient
drilling methods to operate at high temperatures in formations of geothermal interest;
(2) the development of reliable predictive
methods and control techniques for the production of geothermal resources from reservoirs;
(3) the exploitation of new concepts for fracturing rock to permit recovery of contained
heat reserves;
(4) the improvement of equipment and technology for the extraction of geothermal resources from reservoirs;

Page 218

(5) the development of improved methods for
converting geothermal resources and byproducts to useful forms;
(6) the development of improved methods for
controlling emissions and wastes from geothermal utilization facilities, including new
monitoring methods to any extent necessary;
(7) the development and evaluation of waste
disposal control technologies and the evaluation of surface and subsurface environmental
effects of geothermal development;
(8) the improvement of the technical capability to predict environmental impacts resulting from the development of geothermal
resources, the preparation of environmental
impact statements, and the assuring of compliance with applicable standards and criteria;
(9) the identification of social, legal, and
economic problems associated with geothermal development (both locally and regionally) for the purpose of developing policy and
providing a framework of policy alternatives
for the commercial utilization of geothermal
resources;
(10) the provision for an adequate supply of
scientists to perform required geothermal research and development activities; and
(11) the establishment of a program to encourage States to establish and maintain geothermal resources clearinghouses, which shall
serve to (A) provide geothermal resources developers with information with respect to applicable local, State, and Federal laws, rules,
and regulations, (B) coordinate the processing
of permit applications, impact statements,
and other information which geothermal resources developers are required to provide, (C)
encourage uniformity with respect to local
and State laws, rules, and regulations with respect to geothermal resources development,
and (D) encourage establishment of land use
plans, which would include zoning for geothermal resources development and which
would assure that geothermal resources developers will be able to carry out development
programs to the production stage.
(b) The Chairman, acting through the appropriate Federal agencies and in cooperation with
non-Federal entities, shall implement a coordinated program of research and development in
order to demonstrate the technical means for
the extraction and utilization of the resource
base, including any by-products of such base,
and in order to accomplish the goals established
by subsection (a) of this section. Research authorized by this chapter having potential applications in matters other than geothermal energy may be pursued to the extent that the findings of such research can be published in a form
for utilization by others.
(Pub. L. 93–410, title I, § 104, Sept. 3, 1974, 88 Stat.
1083.)
§ 1125. Geothermal demonstration plants and
projects
(a) Design and construction
The Chairman, acting through the appropriate
Federal agencies and in cooperation with nonFederal entities, shall initiate a program to de-

Page 219

TITLE 30—MINERAL LANDS AND MINING

sign and construct geothermal demonstration
plants. The specific goals of such program shall
include—
(1) the development of economical geothermal resources production systems and
components which meet environmental standards;
(2) the design of plants to produce electric
power and, where appropriate, the large-scale
production and utilization of any useful byproducts;
(3) the involvement of engineers, analysts,
technicians, and managers from industry field
and powerplant development, which shall lead
to the early industrial exploitation of advanced geothermal resources;
(4) the provision for an adequate supply of
trained geothermal engineers and technicians;
(5) the provision of experimental test beds
for component testing an evaluation by laboratories operated by the Federal Government, industry, or institutions of higher education;
(6) the construction and operation of pilot
plants; and
(7) the construction and operation of demonstration plants.
(b) Establishment of demonstration projects
In carrying out his responsibilities under this
section, the Chairman, acting through the appropriate Federal agencies, and in cooperation
with non-Federal entities, may provide for the
establishment of one or more demonstration
projects utilizing each geothermal resource base
involved, which shall include, as appropriate, all
of the exploration, siting, drilling, pilot plant
construction and operation, demonstration
plant construction and operation, and other facilities and activities which may be necessary
for the generation of electric energy and the utilization of geothermal resource byproducts.
(c) Agreements for the cooperative development
of facilities for demonstration
The Chairman, acting through the appropriate
Federal agencies, is authorized to investigate
and enter into agreements for the cooperative
development of facilities to demonstrate the
production of energy from geothermal resources.
The responsible Federal agency may consider—
(1) cooperative agreements with utilities and
non-Federal governmental entities for construction of facilities to produce energy for
commercial disposition; and
(2) cooperative agreements with other Federal agencies for the construction and operation of facilities to produce energy for direct
Federal consumption.
(d) Construction of demonstration projects without entering into agreements
The responsible Federal agency is authorized
to investigate the feasibility of, construct, and
operate, demonstration projects without entering into cooperative agreements with respect to
such projects, if the Chairman finds that—
(1) the nature of the resource, the geographical location, the scale and engineering design
of the facilities, the techniques of production,
or any other significant factor of the proposal
offers opportunities to make important con-

§ 1125

tributions to the general knowledge of geothermal resources, the techniques of its development, or public confidence in the technology; and
(2) there is no opportunity for cooperative
agreements with any utility or non-Federal
governmental entity willing and able to cooperate in the demonstration project under
subsection (c)(1) of this section, and there is
no opportunity for cooperative agreements
with other Federal agencies under subsection
(c)(2) of this section.
(e) Factors considered for entry into agreements
Before favorably considering proposals under
subsection (c) of this section, the responsible
Federal agency must find that—
(1) the nature of the resource, the geographical location, the scale and engineering design
of the facilities, the techniques of production,
or any other significant factor of the proposal
offers opportunities to make important contributions to the general knowledge of geothermal resources, the techniques of its development, or public confidence in the technology;
(2) the development of the practical benefits
as set forth in paragraph (1) of this subsection
are unlikely to be accomplished without such
cooperative development; and
(3) where non-Federal participants are involved, the proposal is not eligible for adequate Federal assistance under the loan guaranty provisions of subchapter II of this chapter or such assistance would not be adequate
to satisfy the goals and requirements of the
demonstration program under this section.
(f) Limits on project costs
If the estimate of the Federal investment with
respect to construction and operation costs of
any demonstration project proposed to be established under this section exceeds $10,000,000, no
amount may be appropriated for such project except as specifically authorized by legislation
hereafter enacted by the Congress.
(g) Disposal of Federal property interests and resource byproducts
(1) At the conclusion of the program under
this section or as soon thereafter as may be
practicable, the responsible Federal agencies
shall, by sale, lease, or otherwise, dispose of all
Federal property interests which they have acquired pursuant to this section (including mineral rights) in accordance with existing law and
the terms of the cooperative agreements involved.
(2) The agency involved shall, under appropriate agreements or other arrangements, provide for the disposition of geothermal resource
byproducts of the project administered by such
agency.
(Pub. L. 93–410, title I, § 105, Sept. 3, 1974, 88 Stat.
1084; Pub. L. 95–238, title V, § 504, Feb. 25, 1978, 92
Stat. 86.)
AMENDMENTS
1978—Subsec. (e)(3). Pub. L. 95–238 inserted provisions
relating to goals and requirements of the demonstration program.

§ 1126

TITLE 30—MINERAL LANDS AND MINING

§ 1126. Scientific and technical education
(a) Congressional declaration of policy
It is the policy of the Congress to encourage
the development and maintenance of programs
through which there may be provided the necessary trained personnel to perform required
geothermal research, development, and demonstration activities under sections 1123, 1124,
and 1125 of this title.
(b) Support of educational programs in science
and engineering
The National Science Foundation is authorized to support programs of education in the sciences and engineering to carry out the policy of
subsection (a) of this section. Such support may
include fellowships, traineeships, technical
training programs, technologist training programs, and summer institute programs.
(c) Selection of programs of education; coordination with National Science Foundation
The National Science Foundation is authorized and directed to coordinate its actions, to
the maximum extent practicable, with the
Project or any permanent Federal organization
or agency having jurisdiction over the energy
research and development functions of the
United States, in determining the optimal selection of programs of education to carry out the
policy of subsection (a) of this section.
(d) International participation and cooperation
The National Science Foundation is authorized to encourage, to the maximum extent practicable international participation and cooperation in the development and maintenance of programs of education to carrying out the policy of
subsection (a) of this section.
(Pub. L. 93–410, title I, § 106, Sept. 3, 1974, 88 Stat.
1085.)
TRANSFER OF FUNCTIONS
Functions of National Science Foundation relating to
geothermal power development transferred to Administrator of Energy Research and Development Administration (unless otherwise specifically provided) by section 5814 of Title 42, The Public Health and Welfare. Energy Research and Development Administration terminated and functions vested by law in Administrator
thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and
7293 of Title 42.

SUBCHAPTER II—LOAN GUARANTIES
§ 1141. Establishment of loan guaranty program
(a) Congressional declaration of policy
It is the policy of the Congress to encourage
and assist in the commercial development of
practicable means to produce useful energy from
geothermal resources with environmentally acceptable processes. Accordingly, it is the policy
of the Congress to facilitate such commercial
development by authorizing the Chairman of the
Project to designate an appropriate Federal
agency to guarantee loans for such purposes.
(b) Authorization of heads of designated agencies to guarantee loans
In order to encourage the commercial production of energy from geothermal resources, the

Page 220

head of the designated agency is authorized to,
in consultation with the Secretary of the Treasury, guarantee, and to enter into commitments
to guarantee, lenders against loss of principal or
interest on loans made by such lenders to qualified borrowers for the purposes of—
(1) the determination and evaluation of the
resource base;
(2) research and development with respect to
extraction and utilization technologies;
(3) acquiring rights in geothermal resources;
(4) development, construction, and operation
of facilities for the demonstration or commercial production of energy using geothermal resources; or
(5) construction and operation of a new commercial, agricultural, or industrial structure
or facility or modification and operation of an
existing commercial, agricultural, or industrial structure or facility, when geothermal
hot water or steam is to be used within or by
such structure or facility, or modification
thereto, for the purposes of space heating or
cooling, industrial or agricultural processes,
onsite generation of electricity for use other
than for sale or resale in commerce, other
commercial applications, or combinations of
applications separately eligible under this subchapter for loan guarantee assistance.
(c) Extent of guarantee
Any guaranty under this subchapter shall
apply only to so much of the principal amount
of any loan as does not exceed 75 percent of the
aggregate cost of the project with respect to
which the loan is made, except that any guarantee made for a loan to an electric, housing, or
other cooperative, or to a municipality (as defined in section 796(7) of title 16), may apply to
so much of the principal amount of the loan as
does not exceed 90 percent of the aggregate cost
of the project. In determining the aggregate cost
of a project for purposes of the preceding sentence, there shall be excluded the cost of constructing electrical transmission lines to the extent that the cost of constructing such lines exceeds 25 percent of the aggregate cost of the
project (as determined without regard to this
sentence); except that the Secretary may waive
or limit the application of this sentence with respect to any project located in the State of Hawaii upon a finding that such project is remote
from the area of primary consumption, that a
transmission line is required before the geothermal reservoir can be developed, and that the
particular transmission line involved will be
used for more than the plant which is the subject of the loan guarantee. In the case of a guaranty for the purposes specified in subsection
(b)(5) of this section, the aggregate cost of the
project shall be deemed to be that portion of the
total cost of construction and operation which is
directly related to the utilization of geothermal
energy within the structure or facility in question, except that the aggregate cost of the
project with respect to which the loan is made
may be the total cost including construction
and operation in cases where the facility or
structure has been located near a geothermal
energy resource predominantly for the purpose
of utilizing geothermal energy, or as determined

Page 221

TITLE 30—MINERAL LANDS AND MINING

by the Secretary of Energy the economic viability of the project is substantially dependent
upon the performance of the geothermal reservoir.
(d) Terms and conditions of guaranties
Loan guaranties under this subchapter shall
be on such terms and conditions as the head of
the designated agency determines, except that a
guaranty shall be made under this subchapter
only if—
(1) the loan bears interest at a rate not to
exceed such annual per centum on the principal obligation outstanding as the head of the
designated agency determines to be reasonable, taking into account the range of interest
rates prevailing in the private sector for similar loans and risks by the United States;
(2) the terms of such loan require full repayment over a period not to exceed thirty years,
or the useful life of any physical asset to be financed by such loan, whichever is less (as determined by the head of the designated agency);
(3) in the judgment of the head of the designated agency, the amount of the loan (when
combined with amounts available to the qualified borrower from other sources) will be sufficient to carry out the project; and
(4) in the judgment of the head of the designated agency, there is reasonable assurance
of repayment of the loan by the qualified borrower of the guaranteed indebtedness.
(e) Limitations on amount of guaranty; exceptions; procedures applicable
The amount of the guaranty for any loan for
a project shall not exceed $100,000,000: Provided,
That in the case of a guaranty under subsection
(b)(5) of this section, the amount of the guaranty for any loan for a project shall not exceed
$50,000,000 and the amount of the guaranty for
any combination of loans for any single qualified borrower shall not exceed $200,000,000, unless
the Secretary of Energy determines in writing
that a guaranty in excess of these amounts is in
the national interest. Any such determination
shall be submitted to the Speaker of the House
and the Committee on Science, Space, and Technology of the House of Representatives, and to
the President of the Senate and the Committee
on Energy and Natural Resources of the Senate,
accompanied by a full and complete report on
the proposed project and guaranty. The proposed
guaranty or commitment to guarantee shall not
be finalized under authority granted by this
chapter prior to the expiration of thirty calendar days (not including any date on which either House of Congress is not in session) from
the date on which such report is received by the
Speaker of the House and the President of the
Senate.
(f) ‘‘Qualified borrower’’ defined
As used in this subchapter, the term ‘‘qualified borrower’’ means any public or private
agency, institution, association, partnership,
corporation, political subdivision, or other legal
entity which (as determined by the head of the
designated agency) has presented satisfactory
evidence of an interest in geothermal resources
and is capable of performing research or com-

§ 1141

pleting the development and production of energy in an acceptable manner.
(g) Payment of interest; criteria
With respect to any guaranty which is issued
after February 25, 1978, by, or in behalf of, any
State, political subdivision, or Indian tribe and
which is either guaranteed under, or supported
by taxes levied by said issuer which are guaranteed under this subchapter and for which the interest paid on such obligation and received by
the purchaser thereof is included in gross income for the purposes of chapter 1 of title 26, the
Secretary of Energy shall pay to such issuer out
of the fund established by this subchapter such
portion of the interest on such obligations, as
determined by the Secretary of Energy, in consultation with the Secretary of the Treasury, to
be appropriated after taking into account current market yields (1) on obligations of such issuer, if any, or (2) on other obligations with
similar terms and conditions, the interest on
which is not so included in gross income for purposes of chapter 1 of title 26, and in accordance
with such terms and conditions as the Secretary
of Energy shall require in consultation with the
Secretary of the Treasury.
(h) Pledge of full faith and credit of United
States to guaranties
The full faith and credit of the United States
is pledged to the payment of all guaranties issued under this subchapter with respect to principal and interest.
(i) Fees for guaranties; amount, collection, etc.
The Secretary of Energy shall charge and collect fees for guaranties in amounts sufficient in
his judgment to cover applicable administrative
costs and probable losses on guaranteed obligations, but in any event not to exceed 1 per centum per annum of the outstanding indebtedness
covered by each guaranty. Fees collected under
this subsection shall be deposited in the fund established by this subchapter.
(j) Minimization of capital market impact of
guaranties
The Secretary of the Treasury shall insure to
the maximum extent feasible that the timing,
interest rate, and substantial terms and conditions of any guaranty exceeding $25,000,000 will
have the minimum possible impact on the capital markets of the United States, taking into
account other Federal direct and indirect commercial securities activities.
(Pub. L. 93–410, title II, § 201, Sept. 3, 1974, 88
Stat. 1086; Pub. L. 95–91, title III, § 301(a), title
VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607;
Pub. L. 95–238, title V, §§ 505–509, Feb. 25, 1978, 92
Stat. 86, 87; Pub. L. 96–294, title VI, § 641(1), June
30, 1980, 94 Stat. 768; Pub. L. 99–514, § 2, Oct. 22,
1986, 100 Stat. 2095; Pub. L. 103–437, § 11(b), Nov.
2, 1994, 108 Stat. 4589.)
AMENDMENTS
1994—Subsec. (e). Pub. L. 103–437 substituted
‘‘Science, Space, and Technology’’ for ‘‘Science and
Technology’’.
1986—Subsec. (g). Pub. L. 99–514 substituted ‘‘Internal
Revenue Code of 1986’’ for ‘‘Internal Revenue Code of
1954’’, which for purposes of codification was translated
as ‘‘title 26’’ thus requiring no change in text.

§ 1142

TITLE 30—MINERAL LANDS AND MINING

1980—Subsec. (c). Pub. L. 96–294 inserted provisions
relating to guarantees for loans to an electric, housing,
or other cooperative, or to a municipality (as defined in
section 796(7) of title 16).
1978—Subsec. (b)(4). Pub. L. 95–238, § 506, substituted
‘‘using’’ for ‘‘from’’.
Subsec. (b)(5). Pub. L. 95–238, § 505, added par. (5).
Subsec. (c). Pub. L. 95–238, § 507, inserted provisions
relating to guarantees for the purposes specified in subsec. (b)(5) of this section.
Subsec. (e). Pub. L. 95–238, § 508, inserted proviso relating to guaranty under subsec. (b)(5) of this section,
and provisions relating to exceptions to limitations on
amounts guaranteed and procedures applicable to implementation of greater amounts, and substituted
‘‘$100,000,000’’ for ‘‘$25,000,000’’ and ‘‘$200,000,000’’ for
‘‘$50,000,000’’.
Subsecs. (g) to (j). Pub. L. 95–238, § 509, added subsecs.
(g) to (j).
TRANSFER OF FUNCTIONS
‘‘Secretary of Energy’’ substituted for ‘‘Administrator’’ (meaning Administrator of Energy Research
and Development Administration, see section 501(2) of
Pub. L. 95–238, title V, Feb. 25, 1978, 92 Stat. 86) in subsecs. (c), (e), (g), and (i), pursuant to sections 301(a), 703,
and 707 of Pub. L. 95–91, which are classified to sections
7151(a), 7293, and 7297 of Title 42, The Public Health and
Welfare, and which terminated Energy Research and
Development Administration and transferred its functions and functions of Administrator thereof (with certain exceptions) to Secretary of Energy.

§ 1142. Payment of guaranteed obligation by Secretary of Energy
(a) Default by borrower and demand by holder of
obligation of unpaid amount; amount of payment by Secretary of Energy; defenses available; forebearance by holder of obligation
If there is a default by the borrower, as defined in regulations promulgated by the Secretary of Energy and set forth in the guarantee
contract, the holder of the obligation shall have
the right to demand payment of the unpaid
amount from the Secretary of Energy. Within
such period as may be specified in the guarantee
or related agreements, the Secretary of Energy
shall pay to the holder of the obligation the unpaid interest on, and unpaid principal of the
guaranteed obligation as to which the borrower
has defaulted, unless the Secretary of Energy
finds that there was no default by the borrower
in the payment of interest or principal or that
such default has been remedied. Nothing in this
section shall be construed to preclude any forebearance by the holder of the obligation for the
benefit of the borrower which may be agreed
upon by the parties to the guaranteed obligation
and approved by the Secretary of Energy.
(b) Rights and authorities of Secretary of Energy
upon payment
If the Secretary of Energy makes a payment
under subsection (a) of this subsection,1 the Secretary of Energy shall be subrogated to the
rights of the recipient of such payment as specified in the guarantee or related agreements including, where appropriate, the authority (notwithstanding any other provision of law) to
complete, maintain, operate, lease, or otherwise
dispose of any property acquired pursuant to
such guarantee or related agreements, or to per1 So

in original. Probably should be ‘‘this section,’’.

Page 222

mit the borrower, pursuant to an agreement
with the Secretary of Energy, to continue to
pursue the purposes of the project if the Secretary of Energy determines this to be in the
public interest. The rights of the Secretary of
Energy with respect to any property acquired
pursuant to such guarantee or related agreements, shall be superior to the rights of any
other person with respect to such property.
(c) Rights and authorities of Attorney General
upon default on any guarantee
In the event of a default on any guarantee
under this subchapter, the Secretary of Energy
shall notify the Attorney General, who shall
take such action as may be appropriate to recover the amounts of any payments made under
subsection (a) of this section, including any payment of principal and interest under subsection
(d) of this section, from such assets of the defaulting borrower as are associated with the
project, or from any other security included in
the terms of the guarantee.
(d) Contracts to pay, and payment, from Geothermal Resources Development Fund of
principal and interest of unpaid balance of
obligation; preconditions
With respect to any obligation guaranteed
under this subchapter, the Secretary of Energy
is authorized to enter into a contract to pay,
and to pay, holders of the obligation, for and on
behalf of the borrower, from the Geothermal Resources Development Fund, the principal and interest payments which become due and payable
on the unpaid balance of such obligation if the
Secretary of Energy finds that—
(1) the borrower is unable to meet such payments and is not in default; it is in the public
interest to permit the borrower to continue to
pursue the purposes of such project; and the
probable net benefit to the Federal Government in paying such principal and interest
will be greater than that which would result in
the event of a default;
(2) the amount of such payment which the
Secretary of Energy is authorized to pay shall
be no greater than the amount of principal and
interest which the borrower is obligated to
pay under the loan agreement; and
(3) the borrower agrees to reimburse the Secretary of Energy for such payment on terms
and conditions, including interest, which are
satisfactory to the Secretary of Energy.
(Pub. L. 93–410, title II, § 202, Sept. 3, 1974, 88
Stat. 1087; Pub. L. 95–91, title III, § 301(a), title
VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607;
Pub. L. 95–238, title V, § 510, Feb. 25, 1978, 92 Stat.
88.)
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–238 substituted provisions relating to default by the borrower and payment
by the Administrator of the guaranteed amount remaining unpaid upon demand by the holder of the obligation, for provisions relating to contracts to pay, and
payment, by the head of the designated agency to the
lender on behalf of the borrower of interest charges on
the unpaid balance of any guaranteed loan where the
borrower is unable to meet the interest charges and the
amount payable is the same as the amount the borrower would be required to pay.

Page 223

TITLE 30—MINERAL LANDS AND MINING

Subsec. (b). Pub. L. 95–238 substituted provisions relating to rights and authorities of the Administrator
subsequent to making a payment under subsec. (a) of
this section, for provisions relating to rights and authorities of the head of the designated agency and the
Attorney General upon payment of the guaranty subsequent to default on a guaranteed loan.
Subsecs. (c), (d). Pub. L. 95–238 added subsecs. (c) and
(d).
TRANSFER OF FUNCTIONS
‘‘Secretary of Energy’’ substituted in text for ‘‘Administrator’’ (meaning Administrator of Energy Research and Development Administration, see section
501(2) of Pub. L. 95–238, title V, Feb. 25, 1978, 92 Stat. 86),
pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91,
which are classified to sections 7151(a), 7293, and 7297 of
Title 42, The Public Health and Welfare, and which terminated Energy Research and Development Administration and transferred its functions and functions of
Administrator thereof (with certain exceptions) to Secretary of Energy.

§ 1143. Period of guaranties and interest assistance
No loan guaranties shall be made, or interest
assistance contract entered into, pursuant to
this subchapter, after the expiration of fiscal
year 1993.
(Pub. L. 93–410, title II, § 203, Sept. 3, 1974, 88
Stat. 1087; Pub. L. 96–294, title VI, § 641(2), June
30, 1980, 94 Stat. 769; Pub. L. 102–558, title III,
§ 301, Oct. 28, 1992, 106 Stat. 4224.)
AMENDMENTS
1992—Pub. L. 102–558 substituted ‘‘1993’’ for ‘‘1990’’.
1980—Pub. L. 96–294 substituted reference to fiscal
year 1990, for reference to the ten-calendar-year period
following Sept. 3, 1974.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L.
102–558, set out as a note under section 2062 of the Appendix to Title 50, War and National Defense.

§ 1144. Geothermal Resources Development Fund
(a) Establishment; purposes for which Fund
moneys may be expended
There is established in the Treasury of the
United States a Geothermal Resources Development Fund, which shall be available to the head
of the designated agency for carrying out the
loan guaranty and interest assistance program
authorized by this subchapter, including the
payment of administrative expenses incurred in
connection therewith. Moneys in the fund not
needed for current operations may, with the approval of the Secretary of the Treasury, be invested in bonds or other obligations of, or guaranteed by, the United States.
(b) Deposits into the Fund
There shall be paid into the fund the amounts
appropriated pursuant to section 1164(c) of this
title and such amounts as may be returned to
the United States pursuant to section 1142(b) of
this title, and the amounts in the fund shall remain available until expended, except that after
the expiration of the ten-year period established
by section 1143 of this title, such amounts in the
fund which are not required to secure outstanding guaranty obligations shall be paid into the
general fund of the Treasury.

§ 1144

(c) Borrowing authority of Secretary of Energy
If at any time the moneys available in the
fund are insufficient to enable the Secretary of
Energy to discharge his responsibilities under
this subchapter, he shall issue to the Secretary
of the Treasury notes or other obligations in
such forms and denominations bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary of
the Treasury. This borrowing authority shall be
effective only to such extent or in such amounts
as are specified in appropriation Acts. Such authorizations may be without fiscal year limitations. Redemption of such notes or obligations
shall be made by the Secretary of Energy from
appropriations or other moneys available under
this section. Such notes or other obligations
shall bear interest at a rate determined by the
Secretary of the Treasury, which shall not be
less than a rate determined by taking into consideration the average market yield on outstanding marketable obligations of the United
States of comparable maturities during the
month preceding the issuance of the notes or
other obligations. The Secretary of the Treasury
shall purchase any notes or other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the
proceeds from the sale of any securities issued
under chapter 31 of title 31, and the purposes for
which securities may be issued under that chapter are extended to include any purchase of such
notes or obligations. The Secretary of the Treasury may at any time sell any of the notes or
other obligations acquired by him under this
subsection. All redemptions, purchases, and
sales by the Secretary of the Treasury of such
notes or other obligations shall be treated as
public debt transactions of the United States.
(d) Omitted
(Pub. L. 93–410, title II, § 204, Sept. 3, 1974, 88
Stat. 1087; Pub. L. 95–91, title III, § 301(a), title
VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607;
Pub. L. 95–238, title V, § 511, Feb. 25, 1978, 92 Stat.
89.)
CODIFICATION
In subsec. (c), ‘‘chapter 31 of title 31’’ and ‘‘that chapter’’ substituted for ‘‘the Second Liberty Bond Act, as
amended’’ and ‘‘that Act’’, respectively, on authority of
Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the
first section of which enacted Title 31, Money and Finance.
Subsec. (d) of this section, which required the head of
the designated agency to submit annual reports to Congress on the operations of the fund, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance. See, also, page 90 of
House Document No. 103–7.
AMENDMENTS
1978—Subsecs. (c), (d). Pub. L. 95–238 added subsec. (c)
and redesignated former subsec. (c) as (d).
TRANSFER OF FUNCTIONS
‘‘Secretary of Energy’’ substituted in subsec. (c) for
‘‘Administrator’’ (meaning Administrator of Energy
Research and Development Administration, see section
501(2) of Pub. L. 95–238, title V, Feb. 25, 1978, 92 Stat. 86),
pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91,
which are classified to sections 7151(a), 7293, and 7297 of

§ 1145

TITLE 30—MINERAL LANDS AND MINING

Title 42, The Public Health and Welfare, and which terminated Energy Research and Development Administration and transferred its functions and functions of
Administrator thereof (with certain exceptions) to Secretary of Energy.

§ 1145. Community impact assistance functions of
Secretary of Energy
(a) Determination of adequacy of community
planning and development financing in covered project localities; review of State and
local actions and sufficiency of available financing for projects on leased Federal lands
The Secretary of Energy, for any project
which has a guarantee under this subchapter of
not less than $50,000,000 and which will have an
intended operating life of not less than five
years to satisfy the purposes under this subchapter for which the guarantee has been made,
shall endeavor to insure that, taking into consideration appropriate local community action
and all reasonably available forms of assistance
under this section and other Federal and State
statutes, that 1 the impacts resulting from the
proposed project have been fully evaluated by
the borrower, the Secretary of Energy, and the
Governor of the affected State, and that effective steps have been taken or will be taken in a
timely manner to finance community planning
and development costs resulting from such
project under this section, if applicable under
other provisions of law, or by other means.
When the project will be located on leased Federal lands, the Secretary of Energy shall specifically review State and local actions under section 9(a) of the Mineral Leasing Act Amendments of 1976 (Public Law 94–377) and insure that
any funds made available to the State pursuant
to such section 9(a) are used to finance such
planning and development costs before any Federal assistance under subsection (c) of this section is considered or authorized.
(b) Discretionary activities for communities with
projects not subject to coverage
The Secretary of Energy, for projects not included under subsection (a) of this section, may
in his discretion consider the community impacts which may result from such projects, and
may take such actions, under authority directly
available to him under other statutes or in coordination with other Federal agencies or the
State, as he considers necessary and appropriate
to insure timely and effective planning and financing for such community impacts.
(c) Guarantees, commitments to guarantee, direct loans, and grants; scope, terms and conditions, amount, etc.
(1) In order to discharge his responsibilities
under subsection (a) of this section, and in accordance with such rules and regulations as the
Secretary of Energy in consultation with the
Secretary of the Treasury shall prescribe, and
subject to such terms and conditions as he
deems appropriate, the Secretary of Energy is
authorized, for the purposes of financing essential community development and planning
which directly result from, or are necessitated
1 So in original. The second ‘‘that’’ appearing in this sentence
probably should not appear.

Page 224

by, a project under subsection (a) of this section,
to—
(A) guarantee and make commitments to
guarantee the payment of interest on, and the
principal balance of, obligations for such financing issued by eligible States, political
subdivisions, or Indian tribes,
(B) guarantee and make commitments to
guarantee the payment of taxes imposed on
such project by eligible non-Federal taxing authorities which taxes are earmarked by such
authorities to support the payment of interest
and principal on obligations for such financing, and
(C) require that the qualified borrower receiving assistance for a project under this section advance sums to eligible States, political
subdivisions, and Indian tribes to pay for the
financing of such development and planning:
Provided, That the State, political subdivision,
or Indian tribe agrees to provide tax abatement credits over the life of the project for
such payments by such applicant.
(2) No guarantee or commitment to guarantee
under paragraph (1) of this subsection shall exceed $1,000,000.
(3) In the event of any default by the borrower
in the payment of taxes guaranteed by the Secretary of Energy under this section, the Secretary of Energy shall pay out of the fund established by this subchapter such taxes at the time
or times they may fall due, and shall have by
reason of such payment a claim against the borrower for all sums paid plus interest.
(4) If after consultation with 2 State, political
subdivision, or Indian tribe, the Secretary of Energy finds that the financial assistance programs of paragraph (1) of this section will not
result in sufficient funds to carry out the purposes of this subsection, then the Secretary of
Energy may—
(A) make direct loans to the eligible States,
political subdivisions, or Indian tribes for such
purposes: Provided, That such loans shall be
made on such reasonable terms and conditions
as the Secretary of Energy shall prescribe:
Provided further, That the Secretary of Energy
may waive repayment of all or part of a loan
made under this paragraph, including interest,
if the State or political subdivision or Indian
tribe involved demonstrates to the satisfaction of the Secretary of Energy that due to a
change in circumstances there will be net adverse impacts resulting from such project that
would probably cause such State, subdivision,
or tribe to default on the loan; or
(B) require that any community development and planning costs which are associated
with, or result from, such project, and which
are determined by the Secretary of Energy to
be appropriate for such inclusion, shall be included in the aggregate costs of the project.
(5) The Secretary of Energy is further authorized to make grants to States, political subdivisions, or Indian tribes for studying and planning
for the potential economic, environmental, and
social consequences of projects and for establishing related management expertise.
2 So

in original. Probably should be followed by ‘‘the’’.

Page 225

TITLE 30—MINERAL LANDS AND MINING

§ 1162

(6) At any time the Secretary of Energy may,
in consultation with the Secretary of the Treasury, redeem, in whole or in part, out of the fund
established by this section, the debt obligations
guaranteed or the debt obligations for which tax
payments are guaranteed under this subsection.
(7) When one or more States, political subdivisions, or Indian tribes would be eligible for assistance under this subsection, but for the fact
that construction and operation of the project
occurs outside its jurisdiction, the Secretary of
Energy is authorized to provide, to the greatest
extent possible, arrangements for equitable
sharing of such assistance.
(8) Such amounts as may be necessary for direct loans and grants pursuant to this subsection shall be available as provided in annual
authorization Acts.
(9) The Secretary of Energy, if appropriate,
shall provide assistance in the financing of up to
100 per centum of the costs of the required community development and planning pursuant to
this section.
(10) In carrying out the provisions of this section, the Secretary of Energy shall provide that
title to any facility receiving financial assistance under this section shall vest in the applicable State, political subdivision, or Indian tribe,
as appropriate, and in the case of default by the
borrower on a loan guarantee made or committed under subsection (b) of this section, such facility shall not be considered a project asset for
the purposes of section 1142 of this title.
(11) The Secretary of Energy shall not use his
authority under this subsection to provide Federal assistance unless any Federal funds transferred pursuant to section 9(a) of the Mineral
Leasing Act Amendments of 1976 (Public Law
94–377) to the State from the lease of Federal
land for or associated with the project have been
or, with assurance, will be committed, to the
maximum extent allowable under Federal statutes, to financing such essential community development or planning directly resulting from,
or necessitated by, a project on leased Federal
lands.

§ 1146. Approval or disapproval of loan guarantee applications

(Pub. L. 93–410, title II, § 205, as added Pub. L.
95–238, title V, § 512, Feb. 25, 1978, 92 Stat. 89;
amended Pub. L. 95–91, title III, § 301(a), title
VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607.)

In the conduct of its activities, the Project
and any participating public or private persons
or agencies shall place particular emphasis upon
the objective of assuring that the environment
and the safety of persons or property are effectively protected; and the program under subchapter I of this chapter shall include such special research and development as may be necessary for the achievement of that objective.

REFERENCES IN TEXT
Section 9(a) of the Mineral Leasing Act Amendments
of 1976 (Public Law 94–377), referred to in subsecs. (a)
and (c)(11), probably means the Federal Coal Leasing
Amendments Act of 1976, Pub. L. 94–377, § 9(a), Aug. 4,
1976, 90 Stat. 1090, as amended, which amended section
191 of this title.
TRANSFER OF FUNCTIONS
‘‘Secretary of Energy’’ substituted in text for ‘‘Administrator’’ (meaning Administrator of Energy Research and Development Administration, see section
501(2) of Pub. L. 95–238, title V, Feb. 25, 1978, 92 Stat. 86),
pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91,
which are classified to sections 7151(a), 7293, and 7297 of
Title 42, The Public Health and Welfare, and which terminated Energy Research and Development Administration and transferred its functions and functions of
Administrator thereof (with certain exceptions) to Secretary of Energy.

The Secretary, within sixty days after June 30,
1980, shall establish and implement procedures
providing for a final decision on any loan guarantee application within four months of the date
of filing. To the maximum extent practical, an
applicant should be advised (prior to the submission of the application) of all information which
will be required of the applicant in processing
the application; and the date of filing shall be
considered to be the date when all of such information has been submitted by the applicant.
Any application proposed and filed as of June 30,
1980, shall be subject to final decision within not
more than four months after such date.
(Pub. L. 93–410, title II, § 206, as added Pub. L.
96–294, title VI, § 641(3), June 30, 1980, 94 Stat.
769.)
§ 1147. Application of national environmental
policy provisions
The Secretary shall ensure, to the maximum
extent possible, that any action undertaken pursuant to section 4332(2)(C) of title 42 which is associated with the granting of a loan guarantee
under this subchapter takes the maximum cognizance allowable under law of any other action
theretofore undertaken pursuant to such section
4332(2)(C) of title 42 with respect to the project
which is the subject of such loan guarantee, and
that no such action associated with the loan
guarantee shall duplicate any action theretofore
undertaken under such section 4332(2)(C) of title
42 in connection with such project, so long as all
of the requirements which are applicable to such
project under such section 4332(2)(C) of title 42
will have been satisfied.
(Pub. L. 93–410, title II, § 207, as added Pub. L.
96–294, title VI, § 641(3), June 30, 1980, 94 Stat.
769.)
SUBCHAPTER III—GENERAL PROVISIONS
§ 1161. Protection of environment

(Pub. L. 93–410, title III, § 301, Sept. 3, 1974, 88
Stat. 1088.)
§ 1162. Final report to President and Congress on
terminated projects
(a) Repealed. Pub. L. 104–66, title I, § 1051(m),
Dec. 21, 1995, 109 Stat. 717.
(b) No later than one year after the termination of each demonstration project under section 1125 of this title, the Chairman of the
Project shall submit to the President and the
Congress a final report on the activities of the
Project related to each project, including his
recommendations with respect to any further

§ 1163

TITLE 30—MINERAL LANDS AND MINING

legislative, administrative, and other actions
which should be taken in support of the objectives of this chapter.
(Pub. L. 93–410, title III, § 302, Sept. 3, 1974, 88
Stat. 1088; Pub. L. 104–66, title I, § 1051(m), Dec.
21, 1995, 109 Stat. 717.)
AMENDMENTS
1995—Subsec. (a). Pub. L. 104–66 struck out subsec. (a)
which read as follows: ‘‘The Chairman of the Project
shall submit to the President and the Congress full and
complete annual reports of the activities of the
Project, including such projections and estimates as
may be necessary to evaluate the progress of the national geothermal energy research, development and
demonstration program and to provide the basis for as
accurate a judgment as is possible concerning the extent to which the objectives of this chapter will have
been achieved by June 30, 1980.’’

§ 1163. Transfer of functions
(a) Within sixty days after the effective date
of the law creating a permanent Federal organization or agency having jurisdiction over the energy research and development functions of the
United States (or within sixty days after September 3, 1974, if the effective date of such law
occurs prior to September 3, 1974), all of the research, development, and demonstration functions (including the loan guaranty program)
vested in the Project under this chapter, along
with related records, documents, personnel, obligations, and other items to the extent necessary
or appropriate, shall, in accordance with regulations prescribed by the Office of Management
and Budget, be transferred to and vested in such
organization or agency.
(b) Upon the establishment of a permanent
Federal organization or agency having jurisdiction over the energy research and development
functions of the United States, and when all research and development (and other) functions of
the Project are transferred, the members of the
Project may provide advice and counsel to the
head of such organization or agency, in accordance with arrangements made at that time.
(Pub. L. 93–410, title III, § 303, Sept. 3, 1974, 88
Stat. 1088.)
§ 1164. Authorization of appropriations
(a) Fiscal years ending June 30, 1976, and September 30, 1977, through September 30, 1980
For the fiscal years ending June 30, 1976, and
September 30, 1977, 1978, 1979, and 1980, only such
sums may be appropriated as the Congress may
hereafter authorize by law.
(b) Fiscal year ending June 30, 1975
There are authorized to be appropriated to the
National Aeronautics and Space Administration
not to exceed $2,500,000 for the fiscal year ending
June 30, 1975, for the purpose of preparing the
program definition under section 1122(a) of this
title.
(c) Additional sums for Project
In addition to sums authorized to be appropriated by subsection (b) of this section, there
are authorized to be appropriated to the fund
not to exceed $50,000,000 annually, such sums to
carry out the provisions of the loan guaranty

Page 226

program by the Project under subchapter II of
this chapter.
(Pub. L. 93–410, title III, § 304, Sept. 3, 1974, 88
Stat. 1089.)
CHAPTER 25—SURFACE MINING CONTROL
AND RECLAMATION
SUBCHAPTER I—STATEMENT OF FINDINGS AND
POLICY
Sec.

1201.
1202.

Congressional findings.
Statement of purpose.

SUBCHAPTER II—OFFICE OF SURFACE MINING
RECLAMATION AND ENFORCEMENT
1211.

Office of Surface Mining Reclamation and Enforcement.

SUBCHAPTER III—STATE MINING AND MINERAL
RESOURCES RESEARCH INSTITUTES
1221.
1222.
1223.
1224.
1225.
1226.
1227.
1228.
1229.
1230.
1230a.

Authorization of State allotments to institutes.
Research funds to institutes.
Funding criteria.
Duties of Secretary.
Effect on colleges and universities.
Research.
Center for cataloging.
Interagency cooperation.
Committee on Mining and Mineral Resources
Research.
Eligibility criteria.
Strategic Resources Generic Mineral Technology Center.
SUBCHAPTER IV—ABANDONED MINE
RECLAMATIONS

1231.
1232.
1233.
1234.
1235.
1236.
1237.

1238.
1239.
1240.
1240a.
1241.
1242.
1243.
1244.

Abandoned Mine Reclamation Fund.
Reclamation fee.
Objectives of fund.
Eligible lands and water.
State reclamation program.
Reclamation of rural lands.
Acquisition and reclamation of land adversely affected by past coal mining practices.
Liens.
Filling voids and sealing tunnels.
Emergency powers.
Certification.
Omitted.
Powers of Secretary or State.
Interagency cooperation.
Remining incentives.

SUBCHAPTER V—CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING
1251.
1251a.
1252.
1253.
1254.
1255.
1256.
1257.
1258.
1259.
1260.
1261.
1262.
1263.
1264.
1265.
1266.

Environmental protection standards.
Abandoned coal refuse sites.
Initial regulatory procedures.
State programs.
Federal programs.
State laws.
Permits.
Application requirements.
Reclamation plan requirements.
Performance bonds.
Permit approval or denial.
Revision of permits.
Coal exploration permits.
Public notice and public hearings.
Decisions of regulatory authority and appeals.
Environmental protection performance standards.
Surface effects of underground coal mining
operations.

Page 227

TITLE 30—MINERAL LANDS AND MINING

Sec.

1267.
1268.
1269.
1270.
1271.
1272.

Inspections and monitoring.
Penalties.
Release of performance bonds or deposits.
Citizens suits.
Enforcement.
Designating areas unsuitable for surface coal
mining.
1273.
Federal lands.
1274.
Public agencies, public utilities, and public
corporations.
1275.
Review by Secretary.
1276.
Judicial review.
1277.
Special bituminous coal mines.
1278.
Surface mining operations not subject to this
chapter.
1279.
Anthracite coal mines.
SUBCHAPTER VI—DESIGNATION OF LANDS
UNSUITABLE FOR NONCOAL MINING
1281.

Designation procedures.
SUBCHAPTER VII—ADMINISTRATIVE AND
MISCELLANEOUS PROVISIONS

1291.
1292.
1293.
1294.
1295.
1296.
1297.
1298.
1299.

Definitions.
Other Federal laws.
Employee protection.
Penalty.
Grants to States.
Annual report to President and Congress.
Separability.
Alaskan surface coal mine study.
Study of reclamation standards for surface
mining of other minerals.
1300.
Indian lands.
1301.
Environmental practices.
1302.
Authorization of appropriations.
1303.
Coordination of regulatory and inspection activities.
1304.
Surface owner protection.
1305.
Federal lessee protection.
1306.
Effect on rights of owner of coal in Alaska to
conduct surface mining operations.
1307.
Water rights and replacement.
1308.
Advance appropriations.
1308a.
Use of civil penalty funds to reclaim lands.
1309.
Certification and training of blasters.
1309a.
Subsidence.
1309b.
Research.
SUBCHAPTER VIII—UNIVERSITY COAL RESEARCH
LABORATORIES
1311.

Establishment of university coal research
laboratories.
1312.
Financial assistance.
1313.
Limitation on payments.
1314.
Payments; Federal share of operating expenses.
1315.
Advisory Council on Coal Research.
1316.
Authorization of appropriations.
SUBCHAPTER IX—ENERGY RESOURCE GRADUATE
FELLOWSHIPS
1321.
1322.
1323.
1324.
1325.
1326.
1327.
1328.

Fellowship awards.
Fellowship recipients.
Distribution of fellowships.
Stipends and allowances.
Limitation on fellowships.
Fellowship conditions.
Authorization of appropriations.
Research, development projects, etc., relating
to alternative coal mining technologies.

SUBCHAPTER I—STATEMENT OF FINDINGS
AND POLICY
§ 1201. Congressional findings
The Congress finds and declares that—
(a) extraction of coal and other minerals
from the earth can be accomplished by various
methods of mining, including surface mining;

§ 1201

(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
1 So

in original. The period probably should be a semicolon.

§ 1202

TITLE 30—MINERAL LANDS AND MINING

serve as a basis for effective and reasonable
regulation of such operations;
(j) surface and underground coal mining operations affect interstate commerce, contribute to the economic well-being, security, and
general welfare of the Nation and should be
conducted in an environmentally sound manner; and
(k) the cooperative effort established by this
chapter is necessary to prevent or mitigate adverse environmental effects of present and future surface coal mining operations.
(Pub. L. 95–87, title I, § 101, Aug. 3, 1977, 91 Stat.
447.)
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.
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–432, div. C, title II, § 200, Dec. 20, 2006, 120
Stat. 3006, provided that: ‘‘This title [enacting section
1244 of this title, amending sections 1231 to 1233, 1236,
1238, 1240a, 1260, 1300, and 1302 of this title and sections
9701, 9702, 9704 to 9707, 9711, 9712, and 9721 of Title 26, Internal Revenue Code, and enacting provisions set out as
notes under section 1232 of this title and sections 9701,
9704, and 9712 of Title 26] may be cited as the ‘Surface
Mining Control and Reclamation Act Amendments of
2006’.’’
SHORT TITLE OF 1990 AMENDMENTS
Pub. L. 101–508, title VI, § 6001, Nov. 5, 1990, 104 Stat.
1388–289, provided that: ‘‘This subtitle [subtitle A
(§§ 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, § 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, § 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, § 11, as added by Pub. L. 100–483, § 12,
Oct. 12, 1988, 102 Stat. 2341; amended by Pub. L. 104–312,
§ 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’.’’

§ 1202. Statement of purpose
It is the purpose of this chapter to—
(a) establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations;

Page 228

(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.
(Pub. L. 95–87, title I, § 102, Aug. 3, 1977, 91 Stat.
448.)
SUBCHAPTER II—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
§ 1211. Office of Surface Mining Reclamation and
Enforcement
(a) Establishment
There is established in the Department of the
Interior, the Office of Surface Mining Reclama-

Page 229

TITLE 30—MINERAL LANDS AND MINING

tion 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 un1 So

in original. Probably should be section ‘‘5316’’.

§ 1211

reclaimed 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, § 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

§ 1211

TITLE 30—MINERAL LANDS AND MINING

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.
(Pub. L. 95–87, title II, § 201, Aug. 3, 1977, 91 Stat.
449; Pub. L. 95–240, title I, § 100, Mar. 7, 1978, 92
Stat. 109; 1978 Reorg. Plan No. 2, § 102, eff. Jan.
1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96–511,
§ 4(b), Dec. 11, 1980, 94 Stat. 2826.)
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, § 101, Nov. 9, 1977, 91 Stat. 1290,
and is classified principally to chapter 22 (§ 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.
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’’.

Page 230

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.
TRANSFER OF FUNCTIONS
‘‘The Director of the Office of Personnel Management’’ substituted for ‘‘a majority of members of the
Civil Service Commission’’ in subsec. (b) pursuant to
Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat.
3783, 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.
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, § 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. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat.
995.
Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat.
2915.
Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat.
712.
Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat.
2109.
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, § 1000(a)(3) [title I], Nov. 29,
1999, 113 Stat. 1535, 1501A–147.
Pub. L. 105–277, div. A, § 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, § 101(d) [title I], Sept.
30, 1996, 110 Stat. 3009–181, 3009–191.
Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996,
110 Stat. 1321–156, 1321–168; renumbered title I, Pub. L.
104–140, § 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.

Page 231

TITLE 30—MINERAL LANDS AND MINING

SUBCHAPTER III—STATE MINING AND MINERAL
RESOURCES
RESEARCH
INSTITUTES

§ 1222

(Pub. L. 98–409, § 1, Aug. 29, 1984, 98 Stat. 1536;
Pub. L. 100–483, §§ 2–4, Oct. 12, 1988, 102 Stat.
2339.)

CODIFICATION

CODIFICATION

Subchapter was not enacted as part of the Surface
Mining Control and Reclamation Act of 1977 which
comprises this chapter.

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.

§ 1221. Authorization of State allotments to institutes
(a)(1) There are authorized to be appropriated
to the Secretary of the Interior (hereafter in
this subchapter referred to as the ‘‘Secretary’’)
funds adequate to provide for each participating
State $400,000 for each of the fiscal years ending
September 30, 1990, 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.

PRIOR PROVISIONS
A prior section 1221, Pub. L. 95–87, title III, § 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, § 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, § 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, § 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.

§ 1222. Research funds to institutes
(a) Authorization of appropriations
There is authorized to be appropriated to the
Secretary not more than $15,000,000 for each of
the fiscal years ending September 30, 1990,
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

§ 1223

TITLE 30—MINERAL LANDS AND MINING

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.
(Pub. L. 98–409, § 2, Aug. 29, 1984, 98 Stat. 1537;
Pub. L. 100–483, § 5, Oct. 12, 1988, 102 Stat. 2339;
Pub. L. 104–312, § 1(a), Oct. 19, 1996, 110 Stat.
3819.)
CODIFICATION
Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not

Page 232

as part of the Surface Mining Control and Reclamation
Act of 1977 which comprises this chapter.
PRIOR PROVISIONS
A prior section 1222, Pub. L. 95–87, title III, § 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’’.

§ 1223. Funding criteria
(a) Funds available to institutes under sections 1221 and 1222 of this title shall be paid at
such times and in such amounts during each fiscal year as determined by the Secretary, and
upon vouchers approved by him. Each institute
shall—
(1) set forth its plan to provide for the training of individuals as mineral engineers and
scientists under a curriculum appropriate to
the field of mineral resources and mineral engineering and related fields;
(2) set forth policies and procedures which
assure that Federal funds made available
under this subchapter for any fiscal year will
supplement and, to the extent practicable, increase the level of funds that would, in the absence of such Federal funds, be made available
for purposes of this subchapter, and in no case
supplant such funds; and
(3) have an officer appointed by its governing authority who shall receive and account
for all funds paid under the provisions of this
subchapter and shall make an annual report to
the Secretary on or before the first day of September of each year, on work accomplished
and the status of projects underway, together
with a detailed statement of the amounts received under any provisions of this subchapter
during the preceding fiscal year, and of its disbursements on schedules prescribed by the
Secretary.
If any of the funds received by the authorized receiving officer of any institute under the provisions of this subchapter shall by any action or
contingency be found by the Secretary to have
been improperly diminished, lost, or misapplied,
such funds shall be replaced by the State concerned and until so replaced no subsequent appropriation shall be allotted or paid to any institute of such State.

Page 233

TITLE 30—MINERAL LANDS AND MINING

(b) The institutes are authorized and encouraged to plan and conduct programs under this
subchapter in cooperation with each other and
with such other agencies and individuals as may
contribute to the solution of the mining and
mineral resources problems involved. Moneys
appropriated pursuant to this subchapter shall
be available for paying the necessary expenses of
planning, coordinating, and conducting such cooperative research.
(Pub. L. 98–409, § 3, Aug. 29, 1984, 98 Stat. 1538.)
CODIFICATION
Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not
as part of the Surface Mining Control and Reclamation
Act of 1977 which comprises this chapter.
PRIOR PROVISIONS
A prior section 1223, Pub. L. 95–87, title III, § 303, Aug.
3, 1977, 91 Stat. 453, contained provisions similar to this
section covering fiscal years 1978 through 1984.

§ 1224. Duties of Secretary
(a) Consulting with other agencies; prescribing
rules and regulations; furnishing advice and
assistance; coordinating research
The Secretary, acting through the Director of
the United States Bureau of Mines, shall administer this subchapter and, after full consultation
with other interested Federal agencies, shall
prescribe such rules and regulations as may be
necessary to carry out its provisions. The Secretary shall furnish such advice and assistance
as will best promote the purposes of this subchapter, shall participate in coordinating research initiated under this subchapter by the institutes, shall indicate to them such lines of inquiry that seem most important, and shall encourage and assist in the establishment and
maintenance of cooperation by and between the
institutes and between them and other research
organizations, the United States Department of
the Interior, and other Federal establishments.
(b) Annual ascertainment of compliance
On or before the first day of July in each year
beginning after August 29, 1984, the Secretary
shall ascertain whether the requirements of section 1223(a) of this title have been met as to
each institute and State.
(Pub. L. 98–409, § 4, Aug. 29, 1984, 98 Stat. 1538;
Pub. L. 100–483, § 6, Oct. 12, 1988, 102 Stat. 2340;
Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat.
172.)
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.
PRIOR PROVISIONS
A prior section 1224, Pub. L. 95–87, title III, § 304, Aug.
3, 1977, 91 Stat. 454, contained provisions similar to this
section covering fiscal years 1978 through 1984.

§ 1226

AMENDMENTS
1988—Subsec. (a). Pub. L. 100–483 inserted ‘‘, acting
through the Director of the Bureau of Mines,’’ after
‘‘The Secretary’’.
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.

§ 1225. Effect on colleges and universities
Nothing in this subchapter shall be construed
to impair or modify the legal relationship existing between any of the colleges or universities
under whose direction an institute is established
and the government of the State in which it is
located, and nothing in this subchapter shall in
any way be construed to authorize Federal control or direction of education at any college or
university.
(Pub. L. 98–409, § 5, Aug. 29, 1984, 98 Stat. 1539.)
CODIFICATION
Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not
as part of the Surface Mining Control and Reclamation
Act of 1977 which comprises this chapter.
PRIOR PROVISIONS
A prior section 1225, Pub. L. 95–87, title III, § 305, Aug.
3, 1977, 91 Stat. 454, contained provisions similar to this
section covering fiscal years 1978 through 1984.

§ 1226. Research
(a) Coordination with existing programs; availability of information to public
The Secretary shall obtain the continuing advice and cooperation of all agencies of the Federal Government concerned with mining and
mineral resources, of State and local governments, and of private institutions and individuals to assure that the programs authorized by
this subchapter will supplement and not be redundant with respect to established mining and
minerals research programs, and to stimulate
research in otherwise neglected areas, and to
contribute to a comprehensive nationwide program of mining and minerals research, with due
regard for the protection and conservation of
the environment. The Secretary shall make generally available information and reports on
projects completed, in progress, or planned
under the provisions of this subchapter, in addition to any direct publication of information by
the institutes themselves.
(b) Effect on Federal agencies
Nothing in this subchapter is intended to give
or shall be construed as giving the Secretary
any authority over mining and mineral resources research conducted by any agency of the
Federal Government, or as repealing or diminishing existing authorities or responsibilities of
any agency of the Federal Government to plan
and conduct, contract for, or assist in research
in its area of responsibility and concern with regard to mining and mineral resources.

§ 1227

TITLE 30—MINERAL LANDS AND MINING

(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.
(Pub. L. 98–409, § 6, Aug. 29, 1984, 98 Stat. 1539;
Pub. L. 100–483, § 7, Oct. 12, 1988, 102 Stat. 2340.)
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 (§ 200
et seq.) of Title 35, Patents. For complete classification
of this Act to the Code, see Tables.
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.

Page 234

a catalog of mining and mineral resources research and investigation projects in progress or
scheduled by all Federal agencies and by such
non-Federal agencies of government, colleges,
universities, private institutions, firms, and individuals as may make such information available.
(Pub. L. 98–409, § 7, Aug. 29, 1984, 98 Stat. 1540.)
CODIFICATION
Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not
as part of the Surface Mining Control and Reclamation
Act of 1977 which comprises this chapter.
PRIOR PROVISIONS
A prior section 1227, Pub. L. 95–87, title III, § 307, Aug.
3, 1977, 91 Stat. 455, contained provisions similar to this
section covering fiscal years 1978 through 1984.

§ 1228. Interagency cooperation
The President shall, by such means as he
deems appropriate, clarify agency responsibility
for Federal mining and mineral resources research and provide for interagency coordination
of such research, including the research authorized by this subchapter. Such coordination shall
include—
(1) continuing review of the adequacy of the
Government-wide program in mining and mineral resources research;
(2) identification and elimination of duplication and overlap between agency programs;
(3) identification of technical needs in various mining and mineral resources research
categories;
(4) recommendations with respect to allocation of technical effort among Federal agencies;
(5) review of technical manpower needs, and
findings concerning management policies to
improve the quality of the Government-wide
research effort; and
(6) actions to facilitate interagency communication at management levels.
(Pub. L. 98–409, § 8, Aug. 29, 1984, 98 Stat. 1540.)

PRIOR PROVISIONS

CODIFICATION

A prior section 1226, Pub. L. 95–87, title III, § 306, Aug.
3, 1977, 91 Stat. 454, contained provisions similar to this
section covering fiscal years 1978 through 1984.

Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not
as part of the Surface Mining Control and Reclamation
Act of 1977 which comprises this chapter.

AMENDMENTS
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.’’

§ 1227. Center for cataloging
The Secretary shall establish a center for cataloging current and projected scientific research
in all fields of mining and mineral resources.
Each Federal agency doing mining and mineral
resources research shall cooperate by providing
the cataloging center with information on work
underway or scheduled by it. The cataloging
center shall classify and maintain for public use

PRIOR PROVISIONS
A prior section 1228, Pub. L. 95–87, title III, § 308, Aug.
3, 1977, 91 Stat. 455, contained provisions similar to this
section covering fiscal years 1978 through 1984.

§ 1229. Committee on Mining and Mineral Resources Research
(a) Appointment; composition
The Secretary shall appoint a Committee on
Mining and Mineral Resources Research composed of—
(1) the Assistant Secretary of the Interior
responsible for minerals and mining research,
or his delegate;
(2) the Director, United States Bureau of
Mines, or his delegate;
(3) the Director, United States Geological
Survey, or his delegate;

Page 235

TITLE 30—MINERAL LANDS AND MINING

(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.
(Pub. L. 98–409, § 9, Aug. 29, 1984, 98 Stat. 1540;
Pub. L. 100–483, §§ 8, 9, Oct. 12, 1988, 102 Stat. 2340;
Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat.
172.)
1 So

in original. Probably should be followed by ‘‘in’’.

§ 1230

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.
CODIFICATION
Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not
as part of the Surface Mining Control and Reclamation
Act of 1977 which comprises this chapter.
PRIOR PROVISIONS
A prior section 1229, Pub. L. 95–87, title III, § 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, § 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, § 9, substituted ‘‘submit
an annual update of such plan by January 15 of each
calendar year’’ for ‘‘update the plan annually thereafter’’.
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.
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, § 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.

§ 1230. Eligibility criteria
(a) The Committee shall determine the eligibility of a college or university to participate as
a mining and mineral resources research institute under this subchapter using criteria which
include—

§ 1230a

TITLE 30—MINERAL LANDS AND MINING

(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.
(Pub. L. 98–409, § 10, Aug. 29, 1984, 98 Stat. 1541;
Pub. L. 100–483, § 10, Oct. 12, 1988, 102 Stat. 2340.)

§ 1230a. Strategic Resources Generic Mineral
Technology Center
(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.
(Pub. L. 98–409, § 12, as added Pub. L. 101–498, § 2,
Nov. 2, 1990, 104 Stat. 1207.)

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.
CODIFICATION
Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not
as part of the Surface Mining Control and Reclamation
Act of 1977 which comprises this chapter.
AMENDMENTS
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.’’

Page 236

CODIFICATION
Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not
as part of the Surface Mining Control and Reclamation
Act of 1977 which comprises this chapter.

SUBCHAPTER IV—ABANDONED MINE
RECLAMATIONS
§ 1231. Abandoned Mine Reclamation Fund
(a) Establishment; administration; State funds
There is created on the books of the Treasury
of the United States a trust fund to be known as
the Abandoned Mine Reclamation Fund (hereinafter referred to as the ‘‘fund’’) which shall be
administered by the Secretary of the Interior.
State abandoned mine reclamation funds (State
funds) generated by grants from this subchapter
shall be established by each State pursuant to
an approved State program.
(b) Sources of deposits to fund
The fund shall consist of amounts deposited in
the fund, from time to time derived from—
1 So

in original. Probably should be ‘‘of the’’.

Page 237

TITLE 30—MINERAL LANDS AND MINING

(1) the reclamation fees levied under section
1232 of this title;
(2) any user charge imposed on or for land
reclaimed pursuant to this subchapter after
expenditures for maintenance have been deducted;
(3) donations by persons, corporations, associations, and foundations for the purposes of
this subchapter;
(4) recovered moneys as provided for in this
subchapter; and
(5) interest credited to the fund under subsection (e) of this section.
(c) Use of moneys
Moneys in the fund may be used for the following purposes:
(1) reclamation and restoration of land and
water resources adversely affected by past
coal mining, including but not limited to reclamation and restoration of abandoned surface
mine areas, abandoned coal processing areas,
and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries
and voids; planting of land adversely affected
by past coal mining to prevent erosion and
sedimentation; prevention, abatement, treatment, and control of water pollution created
by coal mine drainage including restoration of
stream beds, and construction and operation
of water treatment plants; prevention, abatement, and control of burning coal refuse disposal areas and burning coal in situ; prevention, abatement, and control of coal mine subsidence; and establishment of self-sustaining,
individual State administered programs to insure private property against damages caused
by land subsidence resulting from underground coal mining in those States which have
reclamation plans approved in accordance
with section 1253 of this title: Provided, That
funds used for this purpose shall not exceed
$3,000,000 of the funds made available to any
State under section 1232(g)(1) of this title;
(2) acquisition and filling of voids and sealing of tunnels, shafts, and entryways under
section 1239 of this title;
(3) acquisition of land as provided for in this
subchapter;
(4) enforcement and collection of the reclamation fee provided for in section 1232 of
this title;
(5) restoration, reclamation, abatement,
control, or prevention of adverse effects of
coal mining which constitutes an emergency
as provided for in this subchapter;
(6) grants to the States to accomplish the
purposes of this subchapter;
(7) administrative expenses of the United
States and each State to accomplish the purposes of this subchapter;
(8) for use under section 1240a of this title;
(9) for the purpose of section 1257(c) of this
title, except that not more than $10,000,000
shall annually be available for such purpose;
(10) for the purpose described in section
1232(h) of this title; and
(11) all other necessary expenses to accomplish the purposes of this subchapter.

§ 1231

(d) Availability of moneys; no fiscal year limitation
(1) In general
Moneys from the fund for expenditures
under subparagraphs (A) through (D) of section 1232(g)(3) of this title shall be available
only when appropriated for those subparagraphs.
(2) No fiscal year limitation
Appropriations described in paragraph (1)
shall be made without fiscal year limitation.
(3) Other purposes
Moneys from the fund shall be available for
all other purposes of this subchapter without
prior appropriation as provided in subsection
(f).
(e) Interest
The Secretary of the Interior shall notify the
Secretary of the Treasury as to what portion of
the fund is not, in his judgment, required to
meet current withdrawals. The Secretary of the
Treasury shall invest such portion of the fund in
public debt securities with maturities suitable
for achieving the purposes of the transfers under
section 1232(h) of this title and bearing interest
at rates determined by the Secretary of the
Treasury, taking into consideration current
market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall
be credited to, and form a part of, the fund for
the purpose of the transfers under section 1232(h)
of this title.
(f) General limitation on obligation authority
(1) In general
From amounts deposited into the fund under
subsection (b), the Secretary shall distribute
during each fiscal year beginning after September 30, 2007, an amount determined under
paragraph (2).
(2) Amounts
(A) For fiscal years 2008 through 2022
For each of fiscal years 2008 through 2022,
the amount distributed by the Secretary
under this subsection shall be equal to—
(i) the amounts deposited into the fund
under paragraphs (1), (2), and (4) of subsection (b) for the preceding fiscal year
that were allocated under paragraphs (1)
and (5) of section 1232(g) of this title; plus
(ii) the amount needed for the adjustment under section 1232(g)(8) of this title
for the current fiscal year.
(B) Fiscal years 2023 and thereafter
For fiscal year 2023 and each fiscal year
thereafter, to the extent that funds are
available, the Secretary shall distribute an
amount equal to the amount distributed
under subparagraph (A) during fiscal year
2022.
(3) Distribution
(A) In general
Except as provided in subparagraph (B),
for each fiscal year, of the amount to be distributed to States and Indian tribes pursu-

§ 1231

TITLE 30—MINERAL LANDS AND MINING

ant to paragraph (2), the Secretary shall distribute—
(i) the amounts allocated under paragraph (1) of section 1232(g) of this title, the
amounts allocated under paragraph (5) of
section 1232(g) of this title, and any
amount
reallocated
under
section
1240a(h)(3) of this title in accordance with
section 1240a(h)(2) of this title, for grants
to States and Indian tribes under section
1232(g)(5) of this title; and
(ii) the amounts allocated under section
1232(g)(8) of this title.
(B) Exclusion
Beginning on October 1, 2007, certified
States shall be ineligible to receive amounts
under section 1232(g)(1) of this title.
(4) Availability
Amounts in the fund available to the Secretary for obligation under this subsection
shall be available until expended.
(5) Addition
(A) In general
Subject to subparagraph (B), the amount
distributed under this subsection for each
fiscal year shall be in addition to the
amount appropriated from the fund during
the fiscal year.
(B) Exceptions
Notwithstanding
paragraph
(3),
the
amount distributed under this subsection for
the first 4 fiscal years beginning on and after
October 1, 2007, shall be equal to the following percentage of the amount otherwise required to be distributed:
(i) 50 percent in fiscal year 2008.
(ii) 50 percent in fiscal year 2009.
(iii) 75 percent in fiscal year 2010.
(iv) 75 percent in fiscal year 2011.
(Pub. L. 95–87, title IV, § 401, Aug. 3, 1977, 91 Stat.
456; Pub. L. 98–473, title I, § 101(c) [title III, § 324],
Oct. 12, 1984, 98 Stat. 1837, 1875; Pub. L. 101–508,
title VI, § 6002, Nov. 5, 1990, 104 Stat. 1388–289;
Pub. L. 102–486, title XIX, § 19143(b)(3)(A), title
XXV, § 2504(c)(1), Oct. 24, 1992, 106 Stat. 3056, 3105;
Pub. L. 109–432, div. C, title II, § 201(a), Dec. 20,
2006, 120 Stat. 3006.)
AMENDMENTS
2006—Subsec. (c)(2) to (13). Pub. L. 109–432, § 201(a)(1),
redesignated pars. (3) to (5) and (7) to (13) as (2) to (4)
and (5) to (11), respectively, and struck out former pars.
(2) and (6) which read as follows:
‘‘(2) for transfer on an annual basis to the Secretary
of Agriculture for use under section 1236 of this title;’’
and
‘‘(6) studies, research, and demonstration projects by
the Department of the Interior to such extent or in
such amounts as are provided in appropriation Acts
with public and private organizations conducted in accordance with section 3501 of the Omnibus Budget Reconciliation Act of 1986, conducted for the purposes of
this subchapter;’’.
Subsec. (d). Pub. L. 109–432, § 201(a)(2), added subsec.
(d) and struck out former subsec. (d) which read as follows: ‘‘Moneys from the fund shall be available for the
purposes of this subchapter, only when appropriated
therefor, and such appropriations shall be made without fiscal year limitations.’’
Subsec. (e). Pub. L. 109–432, § 201(a)(3), in second sentence, substituted ‘‘achieving the purposes of the trans-

Page 238

fers under section 1232(h) of this title’’ for ‘‘the needs
of such fund’’ and, in third sentence, inserted ‘‘for the
purpose of the transfers under section 1232(h) of this
title’’ before period at end.
Subsec. (f). Pub. L. 109–432, § 201(a)(4), added subsec.
(f).
1992—Subsec. (c)(6). Pub. L. 102–486, § 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, § 19143(b)(3)(A),
added par. (12) and redesignated former par. (12) as (13).
1990—Subsec. (b)(1). Pub. L. 101–508, § 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, § 6002(a)(2), added par.
(5).
Subsec. (c)(1). Pub. L. 101–508, § 6002(b)(1), substituted
‘‘section 1232(g)(1)’’ for ‘‘section 1232(g)(2)’’.
Subsec. (c)(2). Pub. L. 101–508, § 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, § 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, § 6002(b)(5),
added pars. (10) and (11) and redesignated former par.
(10) as (12).
Subsec. (e). Pub. L. 101–508, § 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
(§§ 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 (§§ 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.’’

Page 239

TITLE 30—MINERAL LANDS AND MINING

ABANDONED MINE RECLAMATION FUND; DEPOSIT AND
EXPENDITURE OF CERTAIN DONATIONS
Pub. L. 105–277, div. A, § 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, § 3501, Oct. 21, 1986, 100 Stat.
1891, as amended by Pub. L. 102–285, § 10(b), May 18, 1992,
106 Stat. 172, provided that after enactment of Pub. L.
99–509, the research and demonstration authorities of
the Department of the Interior under former subsec.
(c)(6) of this section were to be transferred to, and carried out by, the Director of the United States Bureau
of Mines.

§ 1232. Reclamation fee
(a) Payment; rate
All operators of coal mining operations subject to the provisions of this chapter shall pay
to the Secretary of the Interior, for deposit in
the fund, a reclamation fee of 31.5 cents per ton
of coal produced by surface coal mining and 13.5
cents per ton of coal produced by underground
mining or 10 per centum of the value of the coal
at the mine, as determined by the Secretary,
whichever is less, except that the reclamation
fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine, or 9
cents per ton, whichever is less.
(b) Due date
Such fee shall be paid no later than thirty
days after the end of each calendar quarter beginning with the first calendar quarter occurring after August 3, 1977, and ending September
30, 2021.
(c) Submission of statement
Together with such reclamation fee, all operators of coal mine operations shall submit a
statement of the amount of coal produced during the calendar quarter, the method of coal removal and the type of coal, the accuracy of
which shall be sworn to by the operator and notarized. Such statement shall include an identification of the permittee of the surface coal
mining operation, any operator in addition to
the permittee, the owner of the coal, the preparation plant, tripple,1 or loading point for the
coal, and the person purchasing the coal from
the operator. The report shall also specify the
number of the permit required under section
1256 of this title and the mine safety and health
identification number. Each quarterly report
shall contain a notification of any changes in
the information required by this subsection
since the date of the preceding quarterly report.
The information contained in the quarterly re1 So

in original. Probably should be ‘‘tipple,’’.

§ 1232

ports 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

§ 1232

TITLE 30—MINERAL LANDS AND MINING

shall be allocated annually by the Secretary
to the Indian tribe having jurisdiction over
such lands, subject to such tribe having each
of the following:
(i) an 2 approved abandoned mine reclamation program pursuant to section 1235 of this
title.
(ii) Lands and waters which are eligible
pursuant to section 1234 of this title (in the
case of an Indian tribe not certified under
section 1240a(a) of this title) or pursuant to
section 1240a(b) of this title (in the case of a
tribe certified under section 1240a(a) of this
title).
(C) The funds allocated by the Secretary
under this paragraph to States and Indian
tribes shall only be used for annual reclamation project construction and program administration grants.
(D) To the extent not expended within 3
years after the date of any grant award under
this paragraph (except for grants awarded during fiscal years 2008, 2009, and 2010 to the extent not expended within 5 years), such grant
shall be available for expenditure by the Secretary under paragraph (5).
(2) In making the grants referred to in paragraph (1)(C) and the grants referred to in paragraph (5), the Secretary shall ensure strict compliance by the States and Indian tribes with the
priorities described in section 1233(a) of this
title until a certification is made under section
1240a(a) of this title.
(3) Amounts available in the fund which are
not allocated to States and Indian tribes under
paragraph (1) or allocated under paragraph (5)
are authorized to be expended by the Secretary
for any of the following:
(A) For the purpose of section 1257(c) of this
title, either directly or through grants to the
States, subject to the limitation contained in
section 1231(c)(9) of this title.
(B) For the purpose of section 1240 of this
title (relating to emergencies).
(C) For the purpose of meeting the objectives of the fund set forth in section 1233(a) of
this title for eligible lands and waters pursuant to section 1234 of this title in States and
on Indian lands where the State or Indian
tribe does not have an approved abandoned
mine reclamation program pursuant to section
1235 of this title.
(D) For the administration of this subchapter by the Secretary.
(E) For the purpose of paragraph (8).
(4)(A) Amounts available in the fund which are
not allocated under paragraphs (1), (2), and (5) or
expended under paragraph (3) in any fiscal year
are authorized to be expended by the Secretary
under this paragraph for the reclamation or
drainage abatement of lands and waters within
unreclaimed sites which are mined for coal or
which were affected by such mining, wastebanks, coal processing or other coal mining
processes and left in an inadequate reclamation
status.
(B) Funds made available under this paragraph
may be used for reclamation or drainage abate2 So

in original. Probably should be capitalized.

Page 240

ment at a site referred to in subparagraph (A) if
the Secretary makes either of the following
findings:
(i) A finding that the surface coal mining operation occurred during the period beginning
on August 4, 1977, and ending on or before the
date on which the Secretary approved a State
program pursuant to section 1253 of this title
for a State in which the site is located, and
that any funds for reclamation or abatement
which are available pursuant to a bond or
other form of financial guarantee or from any
other source are not sufficient to provide for
adequate reclamation or abatement at the
site.
(ii) A finding that the surface coal mining
operation occurred during the period beginning on August 4, 1977, and ending on or before
November 5, 1990, and that the surety of such
mining operator became insolvent during such
period, and as of November 5, 1990, funds immediately available from proceedings relating
to such insolvency, or from any financial
guarantee or other source are not sufficient to
provide for adequate reclamation or abatement at the site.
(C) In determining which sites to reclaim pursuant to this paragraph, the Secretary shall follow the priorities stated in paragraphs (1) and
(2) of section 1233(a) of this title. The Secretary
shall ensure that priority is given to those sites
which are in the immediate vicinity of a residential area or which have an adverse economic
impact upon a local community.
(D) Amounts collected from the assessment of
civil penalties under section 1268 of this title are
authorized to be appropriated to carry out this
paragraph.
(E) Any State may expend grants made available under paragraphs (1) and (5) for reclamation
and abatement of any site referred to in subparagraph (A) if the State, with the concurrence
of the Secretary, makes either of the findings
referred to in clause (i) or (ii) of subparagraph
(B) and if the State determines that the reclamation priority of the site is the same or more
urgent than the reclamation priority for eligible
lands and waters pursuant to section 1234 of this
title under the priorities stated in paragraphs
(1) and (2) of section 1233(a) of this title.
(F) For the purposes of the certification referred to in section 1240a(a) of this title, sites referred to in subparagraph (A) of this paragraph
shall be considered as having the same priorities
as those stated in section 1233(a) of this title for
eligible lands and waters pursuant to section
1234 of this title. All sites referred to in subparagraph (A) of this paragraph within any State
shall be reclaimed prior to such State making
the certification referred to in section 1240a(a)
of this title.
(5)(A) The Secretary shall allocate 60 percent
of the amount in the fund after making the allocation referred to in paragraph (1) for making
additional annual grants to States and Indian
tribes which are not certified under section
1240a(a) of this title to supplement grants received by such States and Indian tribes pursuant
to paragraph (1)(C) until the priorities stated in
paragraphs (1) and (2) of section 1233(a) of this
title have been achieved by such State or Indian

Page 241

TITLE 30—MINERAL LANDS AND MINING

tribe. The allocation of such funds for the purpose of making such expenditures shall be
through a formula based on the amount of coal
historically produced in the State or from the
Indian lands concerned prior to August 3, 1977.
Funds made available under paragraph (3) or (4)
of this subsection for any State or Indian tribe
shall not be deducted against any allocation of
funds to the State or Indian tribe under paragraph (1) or under this paragraph.
(B) Any amount that is reallocated and available under section 1240a(h)(3) of this title shall
be in addition to amounts that are allocated
under subparagraph (A).
(6)(A) Any State with an approved abandoned
mine reclamation program pursuant to section
1235 of this title may receive and retain, without
regard to the 3-year limitation referred to in
paragraph (1)(D), up to 30 percent of the total of
the grants made annually to the State under
paragraphs (1) and (5) if those amounts are deposited into an acid mine drainage abatement
and treatment fund established under State law,
from which amounts (together with all interest
earned on the amounts) are expended by the
State for the abatement of the causes and the
treatment of the effects of acid mine drainage in
a comprehensive manner within qualified hydrologic units affected by coal mining practices.
(B) In this paragraph, the term ‘‘qualified hydrologic unit’’ means a hydrologic unit—
(i) in which the water quality has been significantly affected by acid mine drainage from
coal mining practices in a manner that adversely impacts biological resources; and
(ii) that contains land and water that are—
(I) eligible pursuant to section 1234 of this
title and include any of the priorities described in section 1233(a) of this title; and
(II) the subject of expenditures by the
State from the forfeiture of bonds required
under section 1259 of this title or from other
States sources to abate and treat acid mine
drainage.
(7) In complying with the priorities described
in section 1233(a) of this title, any State or Indian tribe may use amounts available in grants
made annually to the State or tribe under paragraphs (1) and (5) for the reclamation of eligible
land and water described in section 1233(a)(3) of
this title before the completion of reclamation
projects under paragraphs (1) and (2) of section
1233(a) of this title only if the expenditure of
funds for the reclamation is done in conjunction
with the expenditure before, on, or after December 20, 2006, of funds for reclamation projects
under paragraphs (1) and (2) of section 1233(a) of
this title.
(8)(A) In making funds available under this
subchapter, the Secretary shall ensure that the
grant awards total not less than $3,000,000 annually to each State and each Indian tribe having
an approved abandoned mine reclamation program pursuant to section 1235 of this title and
eligible land and water pursuant to section 1234
of this title, so long as an allocation of funds to
the State or tribe is necessary to achieve the
priorities stated in paragraphs (1) and (2) of section 1233(a) of this title.
(B) Notwithstanding any other provision of
law, this paragraph applies to the States of Tennessee and Missouri.

§ 1232

(h) Transfers of interest earned by Fund
(1) In general
(A) Transfers to Combined Benefit Fund
As soon as practicable after the beginning
of fiscal year 2007 and each fiscal year thereafter, and before making any allocation with
respect to the fiscal year under subsection
(g), the Secretary shall use an amount not to
exceed the amount of interest that the Secretary estimates will be earned and paid to
the fund during the fiscal year to transfer to
the Combined Benefit Fund such amounts as
are estimated by the trustees of such fund to
offset the amount of any deficit in net assets
in the Combined Benefit Fund as of October
1, 2006, and to make the transfer described in
paragraph (2)(A).
(B) Transfers to 1992 and 1993 plans
As soon as practicable after the beginning
of fiscal year 2008 and each fiscal year thereafter, and before making any allocation with
respect to the fiscal year under subsection
(g), the Secretary shall use an amount not to
exceed the amount of interest that the Secretary estimates will be earned and paid to
the fund during the fiscal year (reduced by
the amount used under subparagraph (A)) to
make the transfers described in paragraphs
(2)(B) and (2)(C).
(2) Transfers described
The transfers referred to in paragraph (1) are
the following:
(A) United Mine Workers of America Combined Benefit Fund
A transfer to the United Mine Workers of
America Combined Benefit Fund equal to
the amount that the trustees of the Combined Benefit Fund estimate will be expended from the fund for the fiscal year in
which the transfer is made, reduced by—
(i) the amount the trustees of the Combined Benefit Fund estimate the Combined
Benefit Fund will receive during the fiscal
year in—
(I) required premiums; and
(II) payments paid by Federal agencies
in connection with benefits provided by
the Combined Benefit Fund; and
(ii) the amount the trustees of the Combined Benefit Fund estimate will be expended during the fiscal year to provide
health benefits to beneficiaries who are
unassigned beneficiaries solely as a result
of the application of section 9706(h)(1) of
title 26, but only to the extent that such
amount does not exceed the amounts described in subsection (i)(1)(A) that the Secretary estimates will be available to pay
such estimated expenditures.
(B) United Mine Workers of America 1992
Benefit Plan
A transfer to the United Mine Workers of
America 1992 Benefit Plan, in an amount
equal to the difference between—
(i) the amount that the trustees of the
1992 UMWA Benefit Plan estimate will be
expended from the 1992 UMWA Benefit

§ 1232

TITLE 30—MINERAL LANDS AND MINING

Plan during the next calendar year to provide the benefits required by the 1992
UMWA Benefit Plan on December 20, 2006;
minus
(ii) the amount that the trustees of the
1992 UMWA Benefit Plan estimate the 1992
UMWA Benefit Plan will receive during
the next calendar year in—
(I) required monthly per beneficiary
premiums, including the amount of any
security provided to the 1992 UMWA Benefit Plan that is available for use in the
provision of benefits; and
(II) payments paid by Federal agencies
in connection with benefits provided by
the 1992 UMWA Benefit Plan.
(C) Multiemployer Health Benefit Plan
A transfer to the Multiemployer Health
Benefit Plan established after July 20, 1992,
by the parties that are the settlors of the
1992 UMWA Benefit Plan referred to in subparagraph (B) (referred to in this subparagraph and subparagraph (D) as ‘‘the Plan’’),
in an amount equal to the excess (if any)
of—
(i) the amount that the trustees of the
Plan estimate will be expended from the
Plan during the next calendar year, to provide benefits no greater than those provided by the Plan as of December 31, 2006;
over
(ii) the amount that the trustees estimated the Plan will receive during the
next calendar year in payments paid by
Federal agencies in connection with benefits provided by the Plan.
Such excess shall be calculated by taking
into account only those beneficiaries actually enrolled in the Plan as of December 31,
2006, who are eligible to receive benefits
under the Plan on the first day of the calendar year for which the transfer is made.
(D) Individuals considered enrolled
For purposes of subparagraph (C), any individual who was eligible to receive benefits
from the Plan as of December 20, 2006, even
though benefits were being provided to the
individual pursuant to a settlement agreement approved by order of a bankruptcy
court entered on or before September 30,
2004, will be considered to be actually enrolled in the Plan and shall receive benefits
from the Plan beginning on December 31,
2006.
(3) Adjustment
If, for any fiscal year, the amount of a transfer under subparagraph (A), (B), or (C) of paragraph (2) is more or less than the amount required to be transferred under that subparagraph, the Secretary shall appropriately adjust the amount transferred under that subparagraph for the next fiscal year.
(4) Additional amounts
(A) Previously credited interest
Notwithstanding any other provision of
law, any interest credited to the fund that
has not previously been transferred to the
Combined Benefit Fund referred to in paragraph (2)(A) under this section—

Page 242

(i) shall be held in reserve by the Secretary until such time as necessary to
make the payments under subparagraphs
(A) and (B) of subsection (i)(1), as described
in clause (ii); and
(ii) in the event that the amounts described in subsection (i)(1) are insufficient
to make the maximum payments described
in subparagraphs (A) and (B) of subsection
(i)(1), shall be used by the Secretary to
supplement the payments so that the maximum amount permitted under those paragraphs is paid.
(B) Previously allocated amounts
All amounts allocated under subsection
(g)(2) before December 20, 2006, for the program described in section 1236 of this title,
but not appropriated before December 20,
2006, shall be available to the Secretary to
make the transfers described in paragraph
(2).
(C) Adequacy of previously credited interest
The Secretary shall—
(i) consult with the trustees of the plans
described in paragraph (2) at reasonable intervals; and
(ii) notify Congress if a determination is
made that the amounts held in reserve
under subparagraph (A) are insufficient to
meet future requirements under subparagraph (A)(ii).
(D) Additional reserve amounts
In addition to amounts held in reserve
under subparagraph (A), there is authorized
to be appropriated such sums as may be necessary for transfer to the fund to carry out
the purposes of subparagraph (A)(ii).
(E) Inapplicability of cap
The limitation described in subsection
(i)(3)(A) shall not apply to payments made
from the reserve fund under this paragraph.
(5) Limitations
(A) Availability of funds for next fiscal year
The Secretary may make transfers under
subparagraphs (B) and (C) of paragraph (2)
for a calendar year only if the Secretary determines, using actuarial projections provided by the trustees of the Combined Benefit Fund referred to in paragraph (2)(A), that
amounts will be available under paragraph
(1), after the transfer, for the next fiscal
year for making the transfer under paragraph (2)(A).
(B) Rate of contributions of obligors
(i) In general
(I) Rate
A transfer under paragraph (2)(C) shall
not be made for a calendar year unless
the persons that are obligated to contribute to the plan referred to in paragraph (2)(C) on the date of the transfer
are obligated to make the contributions
at rates that are no less than those in effect on the date which is 30 days before
December 20, 2006.
(II) Application
The contributions described in subclause (I) shall be applied first to the

Page 243

TITLE 30—MINERAL LANDS AND MINING

provision of benefits to those plan beneficiaries who are not described in paragraph (2)(C)(ii).
(ii) Initial contributions
(I) In general
From December 20, 2006, through December 31, 2010, the persons that, on December 20, 2006, are obligated to contribute to the plan referred to in paragraph
(2)(C) shall be obligated, collectively, to
make contributions equal to the amount
described in paragraph (2)(C), less the
amount actually transferred due to the
operation of subparagraph (C).
(II) First calendar year
Calendar year 2006 is the first calendar
year for which contributions are required under this clause.
(III) Amount of contribution for 2006
Except as provided in subclause (IV),
the amount described in paragraph (2)(C)
for calendar year 2006 shall be calculated
as if paragraph (2)(C) had been in effect
during 2005.
(IV) Limitation
The contributions required under this
clause for calendar year 2006 shall not
exceed the amount necessary for solvency of the plan described in paragraph
(2)(C), measured as of December 31, 2006,
and taking into account all assets held
by the plan as of that date.
(iii) Division
The collective annual contribution obligation required under clause (ii) shall be
divided among the persons subject to the
obligation, and applied uniformly, based
on the hours worked for which contributions referred to in clause (i) would be
owed.
(C) Phase-in of transfers
For each of calendar years 2008 through
2010, the transfers required under subparagraphs (B) and (C) of paragraph (2) shall
equal the following amounts:
(i) For calendar year 2008, the Secretary
shall make transfers equal to 25 percent of
the amounts that would otherwise be required under subparagraphs (B) and (C) of
paragraph (2).
(ii) For calendar year 2009, the Secretary
shall make transfers equal to 50 percent of
the amounts that would otherwise be required under subparagraphs (B) and (C) of
paragraph (2).
(iii) For calendar year 2010, the Secretary shall make transfers equal to 75
percent of the amounts that would otherwise be required under subparagraphs (B)
and (C) of paragraph (2).
(i) Funding
(1) In general
Subject to paragraph (3), out of any funds in
the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
plans described in subsection (h)(2) such sums
as are necessary to pay the following amounts:

§ 1232

(A) To the Combined Fund (as defined in
section 9701(a)(5) of title 26 and referred to in
this paragraph as the ‘‘Combined Fund’’),
the amount that the trustees of the Combined Fund estimate will be expended from
premium accounts maintained by the Combined Fund for the fiscal year to provide
benefits for beneficiaries who are unassigned
beneficiaries solely as a result of the application of section 9706(h)(1) of title 26, subject
to the following limitations:
(i) For fiscal year 2008, the amount paid
under this subparagraph shall equal—
(I) the amount described in subparagraph (A); minus
(II) the amounts required under section
9706(h)(3)(A) of title 26.
(ii) For fiscal year 2009, the amount paid
under this subparagraph shall equal—
(I) the amount described in subparagraph (A); minus
(II) the amounts required under section
9706(h)(3)(B) of title 26.
(iii) For fiscal year 2010, the amount paid
under this subparagraph shall equal—
(I) the amount described in subparagraph (A); minus
(II) the amounts required under section
9706(h)(3)(C) of title 26.
(B) On certification by the trustees of any
plan described in subsection (h)(2) that the
amount available for transfer by the Secretary pursuant to this section (determined
after application of any limitation under
subsection (h)(5)) is less than the amount required to be transferred, to the plan the
amount necessary to meet the requirement
of subsection (h)(2).
(C) To the Combined Fund, $9,000,000 on
October 1, 2007, $9,000,000 on October 1, 2008,
$9,000,000 on October 1, 2009, and $9,000,000 on
October 1, 2010 (which amounts shall not be
exceeded) to provide a refund of any premium (as described in section 9704(a) of title
26) paid on or before September 7, 2000, to
the Combined Fund, plus interest on the premium calculated at the rate of 7.5 percent
per year, on a proportional basis and to be
paid not later than 60 days after the date on
which each payment is received by the Combined Fund, to those signatory operators (to
the extent that the Combined Fund has not
previously returned the premium amounts
to the operators), or any related persons to
the operators (as defined in section 9701(c) of
title 26), or their heirs, successors, or assigns
who have been denied the refunds as the result of final judgments or settlements if—
(i) prior to December 20, 2006, the signatory operator (or any related person to the
operator)—
(I) had all of its beneficiary assignments made under section 9706 of title 26
voided by the Commissioner of the Social Security Administration; and
(II) was subject to a final judgment or
final settlement of litigation adverse to
a claim by the operator that the assignment of beneficiaries under section 9706
of title 26 was unconstitutional as applied to the operator; and

§ 1232

TITLE 30—MINERAL LANDS AND MINING

(ii) on or before September 7, 2000, the
signatory operator (or any related person
to the operator) had paid to the Combined
Fund any premium amount that had not
been refunded.
(2) Payments to States and Indian tribes
Subject to paragraph (3), out of any funds in
the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
Secretary of the Interior for distribution to
States and Indian tribes such sums as are necessary to pay amounts described in paragraphs
(1)(A) and (2)(A) of section 1240a(h) of this
title.
(3) Limitations
(A) Cap
The total amount transferred under this
subsection for any fiscal year shall not exceed $490,000,000.
(B) Insufficient amounts
In a case in which the amount required to
be transferred without regard to this paragraph exceeds the maximum annual limitation in subparagraph (A), the Secretary shall
adjust the transfers of funds so that—
(i) each transfer for the fiscal year is a
percentage of the amount described;
(ii) the amount is determined without
regard to subsection (h)(5)(A); and
(iii) the percentage transferred is the
same for all transfers made under this subsection for the fiscal year.
(4) Availability of funds
Funds shall be transferred under paragraphs
(1) and (2) beginning in fiscal year 2008 and
each fiscal year thereafter, and shall remain
available until expended.
(Pub. L. 95–87, title IV, § 402, Aug. 3, 1977, 91 Stat.
457; Pub. L. 100–34, title I, § 101, May 7, 1987, 101
Stat. 300; Pub. L. 101–508, title VI, §§ 6003, 6004,
Nov. 5, 1990, 104 Stat. 1388–290, 1388–291; Pub. L.
102–486, title XIX, § 19143(b)(1), (2), (3)(B), title
XXV, § 2515, Oct. 24, 1992, 106 Stat. 3056, 3113; Pub.
L. 108–447, div. E, title I, § 135(a), Dec. 8, 2004, 118
Stat. 3068; Pub. L. 109–13, div. A, title VI, § 6035,
May 11, 2005, 119 Stat. 289; Pub. L. 109–54, title I,
§ 129, Aug. 2, 2005, 119 Stat. 525; Pub. L. 109–234,
title VII, § 7007, June 15, 2006, 120 Stat. 483; Pub.
L. 109–432, div. C, title II, § 202, Dec. 20, 2006, 120
Stat. 3008; Pub. L. 110–343, div. C, title VI, § 602,
Oct. 3, 2008, 122 Stat. 3911.)
AMENDMENT OF SUBSECTION (a)
Pub. L. 109–432, div. C, title II, § 202(a)(2),
Dec. 20, 2006, 120 Stat. 3008, provided that, effective Oct. 1, 2012, subsection (a) of this section
is amended by substituting ‘‘28’’ for ‘‘31.5’’,
‘‘12’’ for ‘‘13.5’’, and ‘‘8 cents’’ for ‘‘9 cents’’.
CODIFICATION
November 5, 1990, referred to in subsec. (g)(4)(B)(ii),
was in the original ‘‘the date of enactment of this paragraph’’, which was translated as meaning the date of
enactment of Pub. L. 101–508, which amended this section generally, to reflect the probable intent of Congress.
AMENDMENTS
2008—Subsec. (i)(1)(C). Pub. L. 110–343 substituted
‘‘$9,000,000 on October 1, 2009, and $9,000,000 on October

Page 244

1, 2010’’ for ‘‘and $9,000,000 on October 1, 2009’’ in introductory provisions.
2006—Subsec. (a). Pub. L. 109–432, § 202(a)(1), substituted ‘‘31.5’’ for ‘‘35’’, ‘‘13.5’’ for ‘‘15’’, and ‘‘9 cents’’
for ‘‘10 cents’’.
Subsec. (b). Pub. L. 109–432, § 202(b), substituted ‘‘September 30, 2021’’ for ‘‘September 30, 2007, after which
time the fee shall be established at a rate to continue
to provide for the deposit referred to in subsection (h)
of this section’’.
Pub. L. 109–234 substituted ‘‘September 30, 2007’’ for
‘‘June 30, 2006’’.
Subsec. (g)(1)(D). Pub. L. 109–432, § 202(c)(1), inserted
‘‘(except for grants awarded during fiscal years 2008,
2009, and 2010 to the extent not expended within 5
years)’’ after ‘‘this paragraph’’ and substituted ‘‘under
paragraph (5)’’ for ‘‘in any area under paragraph (2), (3),
(4), or (5)’’.
Subsec. (g)(2). Pub. L. 109–432, § 202(c)(2), added par. (2)
and struck out former par. (2) which read as follows:
‘‘20 percent of the amounts available in the fund in any
fiscal year which are not allocated under paragraph (1)
in that fiscal year (including that interest accruing as
provided in section 1231(e) of this title and including
funds available for reallocation pursuant to paragraph
(1)(D)), shall be allocated to the Secretary only for the
purpose of making the annual transfer to the Secretary
of Agriculture under section 1231(c)(2) of this title.’’
Subsec. (g)(3). Pub. L. 109–432, § 202(c)(3)(A), substituted ‘‘paragraph (5)’’ for ‘‘paragraphs (2) and (5)’’ in
introductory provisions.
Subsec. (g)(3)(A). Pub. L. 109–432, § 202(c)(3)(B), substituted ‘‘1231(c)(9)’’ for ‘‘1231(c)(11)’’.
Subsec. (g)(3)(E). Pub. L. 109–432, § 202(c)(3)(C), added
subpar. (E).
Subsec. (g)(5). Pub. L. 109–432, § 202(c)(4), designated
existing provisions as subpar. (A), in first sentence,
substituted ‘‘60’’ for ‘‘40’’, in last sentence, subtituted
‘‘Funds made available under paragraph (3) or (4)’’ for
‘‘Funds allocated or expended by the Secretary under
paragraphs (2), (3), or (4)’’, and added subpar. (B).
Subsec. (g)(6) to (8). Pub. L. 109–432, § 202(c)(5), added
pars. (6) to (8) and struck out former pars. (6) to (8)
which related to authority of any State to receive and
retain up to 10 percent of the total of grants, State authority to establish an acid mine drainage abatement
and treatment fund and to implement plans for acid
mine drainage abatement and treatment, and allocation of not less than $2,000,000 annually for expenditure
in each State and for each Indian tribe, having an approved reclamation program and eligible lands and waters.
Subsecs. (h), (i). Pub. L. 109–432, § 202(d), added subsecs. (h) and (i) and struck out former subsec. (h) which
related to transfer of funds to the United Mine Workers
of America Combined Benefit Fund.
2005—Subsec. (b). Pub. L. 109–54 substituted ‘‘June 30,
2006’’ for ‘‘September 30, 2005’’.
Pub. L. 109–13 substituted ‘‘September 30, 2005’’ for
‘‘June 30, 2005’’.
2004—Subsec. (b). Pub. L. 108–447 substituted ‘‘June
30, 2005’’ for ‘‘September 30, 2004’’.
1992—Subsec. (b). Pub. L. 102–486, § 2515, which directed that subsec. (b) be amended by substituting
‘‘2004, after which time the fee shall be established at
a rate to continue to provide for the deposit referred to
in subsection (h) of this section’’ for ‘‘1995’’, was executed by inserting ‘‘, after which time the fee shall be
established at a rate to continue to provide for the deposit referred to in subsection (h) of this section’’ after
‘‘2004’’, to reflect the probable intent of Congress and
the intervening amendment by Pub. L. 102–486,
§ 19143(b)(1). See below.
Pub. L. 102–486, § 19143(b)(1), substituted ‘‘2004’’ for
‘‘1995’’ before period at end.
Subsec. (g)(1). Pub. L. 102–486, § 19143(b)(3)(B), substituted ‘‘Except as provided in subsection (h) of this
section, moneys’’ for ‘‘Moneys’’.
Subsec. (h). Pub. L. 102–486, § 19143(b)(2), added subsec.
(h).

Page 245

TITLE 30—MINERAL LANDS AND MINING

1990—Subsec. (b). Pub. L. 101–508, § 6003(a), substituted
‘‘ending September 30, 1995’’ for ‘‘ending fifteen years
after August 3, 1977, unless extended by an Act of Congress’’.
Subsec. (c). Pub. L. 101–508, § 6003(b), inserted at end
‘‘Such statement shall include an identification of the
permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the
coal, the preparation plant, tripple, or loading point for
the coal, and the person purchasing the coal from the
operator. The report shall also specify the number of
the permit required under section 1256 of this title and
the mine safety and health identification number. Each
quarterly report shall contain a notification of any
changes in the information required by this subsection
since the date of the preceding quarterly report. The
information contained in the quarterly reports under
this subsection shall be maintained by the Secretary in
a computerized database.’’
Subsec. (d). Pub. L. 101–508, § 6003(c), designated existing provisions as par. (1) and added par. (2).
Subsec. (f). Pub. L. 101–508, § 6003(d), inserted at end
‘‘Whenever the Secretary believes that any person has
not paid the full amount of the fee payable under subsection (a) of this section the Secretary shall notify the
Federal agency responsible for ensuring compliance
with the provisions of section 4121 of title 26.’’
Subsec. (g). Pub. L. 101–508, § 6004, amended subsec. (g)
generally, substituting present provisions for provisions relating to geographic allocation of expenditures
from the fund, providing for allocation of 50 percent of
funds collected annually in any State or Indian reservation to that State or Indian reservation pursuant
to approved reclamation program, providing for special
State set-aside for future expenditure, and authorizing
expenditure of balance of funds collected at discretion
of Secretary in order to meet the purposes of this subchapter.
1987—Subsec. (g)(3), (4). Pub. L. 100–34 added par. (3)
and redesignated former par. (3) as (4).
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–432, div. C, title II, § 202(a)(1), Dec. 20, 2006,
120 Stat. 3008, provided that the amendment made by
section 202(a)(1) [amending this section] is effective
Oct. 1, 2007.
Pub. L. 109–432, div. C, title II, § 202(a)(2), Dec. 20, 2006,
120 Stat. 3008, provided that the amendment made by
section 202(a)(2) [amending this section] is effective
Oct. 1, 2012.
Pub. L. 109–432, div. C, title II, § 202(b), Dec. 20, 2006,
120 Stat. 3008, provided that the amendment made by
section 202(b) [amending this section] is effective Sept.
30, 2007.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–508 effective Oct. 1, 1991,
see section 6014 of Pub. L. 101–508 set out as a note
under section 1231 of this title.

§ 1233. Objectives of fund
(a) Priorities
Expenditure of moneys from the fund on lands
and water eligible pursuant to section 1234 of
this title for the purposes of this subchapter, except as provided for under section 1240a of this
title, shall reflect the following priorities in the
order stated:
(1)(A) the protection; 1 of public health, safety, and property from extreme danger of adverse effects of coal mining practices;
(B) the restoration of land and water resources and the environment that—
(i) have been degraded by the adverse effects of coal mining practices; and
1 So

in original.

§ 1233

(ii) are adjacent to a site that has been or
will be remediated under subparagraph (A);
(2)(A) the protection of public health and
safety from adverse effects of coal mining
practices;
(B) the restoration of land and water resources and the environment that—
(i) have been degraded by the adverse effects of coal mining practices; and
(ii) are adjacent to a site that has been or
will be remediated under subparagraph (A);
and
(3) the restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation
and development of soil, water (excluding
channelization), woodland, fish and wildlife,
recreation resources, and agricultural productivity.
(b) Water supply restoration
(1) Any State or Indian tribe not certified
under section 1240a(a) of this title may expend
funds allocated to such State or Indian tribe in
any year through the grants made available
under paragraphs (1) and (5) of section 1232(g) of
this title for the purpose of protecting, repairing, replacing, constructing, or enhancing facilities relating to water supply, including water
distribution facilities and treatment plants, to
replace water supplies adversely affected by coal
mining practices.
(2) If the adverse effect on water supplies referred to in this subsection occurred both prior
to and after August 3, 1977, or as the case may
be, the dates (and under the criteria) set forth
under section 1232(g)(4)(B) of this title, section
1234 of this title shall not be construed to prohibit a State or Indian tribe referred to in paragraph (1) from using funds referred to in such
paragraph for the purposes of this subsection if
the State or Indian tribe determines that such
adverse effects occurred predominantly prior to
August 3, 1977, or as the case may be, the dates
(and under the criteria) set forth under section
1232(g)(4)(B) of this title.
(c) Inventory
For the purposes of assisting in the planning
and evaluation of reclamation projects pursuant
to section 1235 of this title, and assisting in
making the certification referred to in section
1240a(a) of this title, the Secretary shall maintain an inventory of eligible lands and waters
pursuant to section 1234 of this title which meet
the priorities stated in paragraphs (1) and (2) of
subsection (a) of this section. Under standardized procedures established by the Secretary,
States and Indian tribes with approved abandoned mine reclamation programs pursuant to
section 1235 of this title may offer amendments,
subject to the approval of the Secretary, to update the inventory as it applies to eligible lands
and waters under the jurisdiction of such States
or tribes. The Secretary shall provide such
States and tribes with the financial and technical assistance necessary for the purpose of
making inventory amendments. The Secretary
shall compile and maintain an inventory for
States and Indian lands in the case when a State

§ 1234

TITLE 30—MINERAL LANDS AND MINING

or Indian tribe does not have an approved abandoned mine reclamation program pursuant to
section 1235 of this title. On a regular basis, but
not less than annually, the projects completed
under this subchapter shall be so noted on the
inventory under standardized procedures established by the Secretary.
(Pub. L. 95–87, title IV, § 403, Aug. 3, 1977, 91 Stat.
458; Pub. L. 101–508, title VI, § 6005, Nov. 5, 1990,
104 Stat. 1388–294; Pub. L. 102–486, title XXV,
§ 2504(c)(2), (e), Oct. 24, 1992, 106 Stat. 3105, 3106;
Pub. L. 109–432, div. C, title II, § 203, Dec. 20, 2006,
120 Stat. 3015.)
AMENDMENTS
2006—Subsec. (a)(1). Pub. L. 109–432, § 203(1)(A), designated existing provisions as subpar. (A), inserted
semicolon after ‘‘protection’’, struck out ‘‘general welfare,’’ after ‘‘safety,’’, and added subpar. (B).
Subsec. (a)(2). Pub. L. 109–432, § 203(1)(B), designated
existing provisions as subpar. (A), substituted ‘‘health
and safety’’ for ‘‘health, safety, and general welfare’’,
and added subpar. (B).
Subsec. (a)(3). Pub. L. 109–432, § 203(1)(C), which directed that a period be substituted for the semicolon at
end, could not be executed because a period already appeared at end.
Subsec. (a)(4), (5). Pub. L. 109–432, § 203(1)(D), struck
out pars. (4) and (5) which read as follows:
‘‘(4) the protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices;
‘‘(5) the development of publicly owned land adversely affected by coal mining practices including
land acquired as provided in this subchapter for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.’’
Subsec. (b). Pub. L. 109–432, § 203(2)(A), substituted
‘‘Water supply restoration’’ for ‘‘Utilities and other facilities’’ in heading.
Subsec. (b)(1). Pub. L. 109–432, § 203(2)(B), struck out
‘‘up to 30 percent of the’’ before ‘‘funds’’.
Subsec. (c). Pub. L. 109–432, § 203(3), inserted
‘‘, subject to the approval of the Secretary,’’ after
‘‘amendments’’ in second sentence.
1992—Subsec. (a)(4) to (6). Pub. L. 102–486, § 2504(c)(2),
redesignated pars. (5) and (6) as (4) and (5), respectively,
and struck out former par. (4) which read as follows:
‘‘research and demonstration projects relating to the
development of surface mining reclamation and water
quality control program methods and techniques;’’.
Subsec. (b)(2). Pub. L. 102–486, § 2504(e), inserted ‘‘, or
as the case may be, the dates (and under the criteria)
set forth under section 1232(g)(4)(B) of this title’’ after
‘‘1977’’ in two places.
1990—Pub. L. 101–508 designated existing provisions as
subsec. (a), inserted heading and ‘‘, except as provided
for under section 1240a of this title,’’ after ‘‘subchapter’’, and added subsecs. (b) and (c).
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–508 effective Oct. 1, 1991,
see section 6014 of Pub. L. 101–508 set out as a note
under section 1231 of this title.

§ 1234. Eligible lands and water
Lands and water eligible for reclamation or
drainage abatement expenditures under this
subchapter are those which were mined for coal
or which were affected by such mining, wastebanks, coal processing, or other coal mining
processes, except as provided for under section
1240a of this title, and abandoned or left in an
inadequate reclamation status prior to August 3,
1977, and for which there is no continuing rec-

Page 246

lamation responsibility under State or other
Federal laws. For other provisions relating to
lands and waters eligible for such expenditures,
see section 1232(g)(4) of this title, section
1233(b)(1) of this title, and section 1239 of this
title. Surface coal mining operations on lands
eligible for remining shall not affect the eligibility of such lands for reclamation and restoration under this subchapter after the release of
the bond or deposit for any such operation as
provided under section 1269 of this title. In the
event the bond or deposit for a surface coal mining operation on lands eligible for remining is
forfeited, funds available under this subchapter
may be used if the amount of such bond or deposit is not sufficient to provide for adequate
reclamation or abatement, except that if conditions warrant the Secretary shall immediately
exercise his authority under section 1240 of this
title.
(Pub. L. 95–87, title IV, § 404, Aug. 3, 1977, 91 Stat.
459; Pub. L. 101–508, title VI, § 6006, Nov. 5, 1990,
104 Stat. 1388–295; Pub. L. 102–486, title XXV,
§ 2503(d), Oct. 24, 1992, 106 Stat. 3103.)
AMENDMENTS
1992—Pub. L. 102–486 inserted at end ‘‘Surface coal
mining operations on lands eligible for remining shall
not affect the eligibility of such lands for reclamation
and restoration under this subchapter after the release
of the bond or deposit for any such operation as provided under section 1269 of this title. In the event the
bond or deposit for a surface coal mining operation on
lands eligible for remining is forfeited, funds available
under this subchapter may be used if the amount of
such bond or deposit is not sufficient to provide for adequate reclamation or abatement, except that if conditions warrant the Secretary shall immediately exercise
his authority under section 1240 of this title.’’
1990—Pub. L. 101–508 inserted ‘‘, except as provided
for under section 1240a of this title’’ after ‘‘processes’’
and inserted at end ‘‘For other provisions relating to
lands and waters eligible for such expenditures, see section 1232(g)(4) of this title, section 1233(b)(1) of this
title, and section 1239 of this title.’’
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–508 effective Oct. 1, 1991,
see section 6014 of Pub. L. 101–508 set out as a note
under section 1231 of this title.

§ 1235. State reclamation program
(a) Promulgation of regulations
Not later than the end of the one hundred and
eighty-day period immediately following August
3, 1977, the Secretary shall promulgate and publish in the Federal Register regulations covering
implementation of an abandoned mine reclamation program incorporating the provisions of
this subchapter and establishing procedures and
requirements for preparation, submission, and
approval of State programs consisting of the
plan and annual submissions of projects.
(b) Submission of State Reclamation Plan and
annual projects
Each State having within its borders coal
mined lands eligible for reclamation under this
subchapter, may submit to the Secretary a
State Reclamation Plan and annual projects to
carry out the purposes of this subchapter.
(c) Restriction
The Secretary shall not approve, fund, or continue to fund a State abandoned mine reclama-

Page 247

TITLE 30—MINERAL LANDS AND MINING

tion program unless that State has an approved
State regulatory program pursuant to section
1253 of this title.
(d) Approval of State program; withdrawal
If the Secretary determines that a State has
developed and submitted a program for reclamation of abandoned mines and has the ability and
necessary State legislation to implement the
provisions of this subchapter, sections 1232 and
1240 of this title excepted, the Secretary shall
approve such State program and shall grant to
the State exclusive responsibility and authority
to implement the provisions of the approved
program: Provided, That the Secretary shall
withdraw such approval and authorization if he
determines upon the basis of information provided under this section that the State program
is not in compliance with the procedures, guidelines, and requirements established under subsection (a) of this section.
(e) Contents of State Reclamation Plan
Each State Reclamation Plan shall generally
identify the areas to be reclaimed, the purposes
for which the reclamation is proposed, the relationship of the lands to be reclaimed and the
proposed reclamation to surrounding areas, the
specific criteria for ranking and identifying
projects to be funded, and the legal authority
and programmatic capability to perform such
work in conformance with the provisions of this
subchapter.
(f) Annual application for support; contents
On an annual basis, each State having an approved State Reclamation Plan may submit to
the Secretary an application for the support of
the State program and implementation of specific reclamation projects. Such annual requests
shall include such information as may be requested by the Secretary including:
(1) a general description of each proposed
project;
(2) a priority evaluation of each proposed
project;
(3) a statement of the estimated benefits in
such terms as: number of acres restored, miles
of stream improved, acres of surface lands protected from subsidence, population protected
from subsidence, air pollution, hazards of mine
and coal refuse disposal area fires;
(4) an estimate of the cost for each proposed
project;
(5) in the case of proposed research and demonstration projects, a description of the specific techniques to be evaluated or objective to
be attained;
(6) an identification of lands or interest
therein to be acquired and the estimated cost;
and
(7) in each year after the first in which a
plan is filed under this subchapter, an inventory of each project funded under the previous
year’s grant: which inventory shall include details of financial expenditures on such project
together with a brief description of each such
project, including project locations, landowner’s name, acreage, type of reclamation
performed.
(g) Costs
The costs for each proposed project under this
section shall include: actual construction costs,

§ 1235

actual operation and maintenance costs of permanent facilities, planning and engineering
costs, construction inspection costs, and other
necessary administrative expenses.
(h) Grant of funds
Upon approval of State Reclamation Plan by
the Secretary and of the surface mine regulatory program pursuant to section 1253 of this
title, the Secretary shall grant, on an annual
basis, funds to be expended in such State pursuant to section 1232(g) of this title and which are
necessary to implement the State reclamation
program as approved by the Secretary.
(i) Program monitorship
The Secretary, through his designated agents,
will monitor the progress and quality of the program. The States shall not be required at the
start of any project to submit complete copies of
plans and specifications.
(j) Annual report to Secretary
The Secretary shall require annual and other
reports as may be necessary to be submitted by
each State administering the approved State
reclamation program with funds provided under
this subchapter. Such reports shall include that
information which the Secretary deems necessary to fulfill his responsibilities under this
subchapter.
(k) Eligible lands of Indian tribes
Indian tribes having within their jurisdiction
eligible lands pursuant to section 1234 of this
title or from which coal is produced, shall be
considered as a ‘‘State’’ for the purposes of this
subchapter except for purposes of subsection (c)
of this section with respect to the Navajo, Hopi
and Crow Indian Tribes.
(l) State liability
No State shall be liable under any provision of
Federal law for any costs or damages as a result
of action taken or omitted in the course of carrying out a State abandoned mine reclamation
plan approved under this section. This subsection shall not preclude liability for cost or
damages as a result of gross negligence or intentional misconduct by the State. For purposes of
the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence.
(Pub. L. 95–87, title IV, § 405, Aug. 3, 1977, 91 Stat.
459; Pub. L. 100–71, title I, July 11, 1987, 101 Stat.
416; Pub. L. 101–508, title VI, §§ 6007, 6012(d)(1), (2),
Nov. 5, 1990, 104 Stat. 1388–295, 1388–298.)
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–508, § 6012(d)(1), substituted ‘‘preparation’’ for ‘‘perparation’’.
Subsec. (h). Pub. L. 101–508, § 6012(d)(2), substituted
‘‘Upon approval’’ for ‘‘Upon approved’’.
Subsec. (l). Pub. L. 101–508, § 6007, added subsec. (l).
1987—Subsec. (k). Pub. L. 100–71, which directed the
amendment of subsec. (k) by inserting ‘‘except for purposes of subsection (c) of this section with respect to
the Navajo, Hopi and Crow Indian Tribes’’ at the end
thereof, was executed by making the insertion before
the period to reflect the probable intent of Congress.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–508 effective Oct. 1, 1991,
see section 6014 of Pub. L. 101–508 set out as a note
under section 1231 of this title.

§ 1236

TITLE 30—MINERAL LANDS AND MINING

GRANT OF FUNDS TO STATES UNDER SURFACE MINING
CONTROL AND RECLAMATION ACT
Pub. L. 97–377, title I, § 150, Dec. 21, 1982, 96 Stat. 1918,
provided that: ‘‘Within 60 days of receipt of a complete
abandoned mine reclamation fund grant application
from any eligible State under the provisions of the Surface Mining Control and Reclamation Act (91 Stat. 460)
[Pub. L. 95–87, see Short Title note set out under section 1201 of this title] the Secretary of Interior shall
grant to such State any and all funds available for such
purposes in the applicable appropriations Act.’’

§ 1236. Reclamation of rural lands
(a) Agreements with landowners for conservation treatment
In order to provide for the control and prevention of erosion and sediment damages from unreclaimed mined lands, and to promote the conservation and development of soil and water resources of unreclaimed mined lands and lands
affected by mining, the Secretary of Agriculture
is authorized to enter into agreements of not
more than ten years with landowners (including
owners of water rights), residents, and tenants,
and individually or collectively, determined by
him to have control for the period of the agreement of lands in question therein, providing for
land stabilization, erosion, and sediment control, and reclamation through conservation
treatment, including measures for the conservation and development of soil, water (excluding
stream channelization), woodland, wildlife, and
recreation resources, and agricultural productivity of such lands. Such agreements shall be
made by the Secretary with the owners, including owners of water rights, residents, or tenants
(collectively or individually) of the lands in
question.
(b) Conservation and development plans
The landowner, including the owner of water
rights, resident, or tenant shall furnish to the
Secretary of Agriculture a conservation and development plan setting forth the proposed land
uses and conservation treatment which shall be
mutually agreed by the Secretary of Agriculture
and the landowner, including owner of water
rights, resident, or tenant to be needed on the
lands for which the plan was prepared. In those
instances where it is determined that the water
rights or water supply of a tenant, landowner,
including owner of water rights, resident, or tenant have been adversely affected by a surface or
underground coal mine operation which has removed or disturbed a stratum so as to significantly affect the hydrologic balance, such plan
may include proposed measures to enhance
water quality or quantity by means of joint action with other affected landowners, including
owner of water rights, residents, or tenants in
consultation with appropriate State and Federal
agencies.
(c) Agreement to effect plan
Such plan shall be incorporated in an agreement under which the landowner, including
owner of water rights, resident, or tenant shall
agree with the Secretary of Agriculture to effect
the land uses and conservation treatment provided for in such plan on the lands described in
the agreement in accordance with the terms and
conditions thereof.

Page 248

(d) Financial and other assistance; determination by Secretary
In return for such agreement by the landowner, including owner of water rights, resident,
or tenant, the Secretary of Agriculture is authorized to furnish financial and other assistance to such landowner, including owner of
water rights, resident, or tenant, in such
amounts and subject to such conditions as the
Secretary of Agriculture determines are appropriate in the public interest for carrying out the
land use and conservation treatment set forth in
the agreement. Grants made under this section,
depending on the income-producing potential of
the land after reclaiming, shall provide up to 80
per centum of the cost of carrying out such land
uses and conservation treatment on not more
than one hundred and twenty acres of land occupied by such owner, including water rights owners, resident, or tenant, or on not more than one
hundred and twenty acres of land which has
been purchased jointly by such landowners, including water rights owners, residents, or tenants, under an agreement for the enhancement
of water quality or quantity or on land which
has been acquired by an appropriate State or
local agency for the purpose of implementing
such agreement; except the Secretary may reduce the matching cost share where he determines that (1) the main benefits to be derived
from the project are related to improving offsite
water quality, offsite esthetic values, or other
offsite benefits, and (2) the matching share requirement would place a burden on the landowner which would probably prevent him from
participating in the program: Provided, however,
That the Secretary of Agriculture may allow for
land use and conservation treatment on such
lands occupied by any such owner in excess of
such one hundred and twenty acre limitation up
to three hundred and twenty acres, but in such
event the amount of the grant to such landowner to carry out such reclamation on such
lands shall be reduced proportionately. Notwithstanding any other provision of this section with
regard to acreage limitations, the Secretary of
Agriculture may carry out reclamation treatment projects to control erosion and improve
water quality on all lands within a hydrologic
unit, consisting of not more than 25,000 acres, if
the Secretary determines that treatment of
such lands as a hydrologic unit will achieve
greater reduction in the adverse effects of past
surface mining practices than would be achieved
if reclamation was done on individual parcels of
land.
(e) Termination of agreements
The Secretary of Agriculture may terminate
any agreement with a landowner including
water rights owners, operator, or occupier by
mutual agreement if the Secretary of Agriculture determines that such termination would
be in the public interest, and may agree to such
modification of agreements previously entered
into hereunder as he deems desirable to carry
out the purposes of this section or to facilitate
the practical administration of the program authorized herein.

Page 249

TITLE 30—MINERAL LANDS AND MINING

(f) Preservation and surrender of history and allotments
Notwithstanding any other provision of law,
the Secretary of Agriculture, to the extent he
deems it desirable to carry out the purposes of
this section, may provide in any agreement
hereinunder for (1) preservation for a period not
to exceed the period covered by the agreement
and an equal period thereafter of the cropland,
crop acreage, and allotment history applicable
to land covered by the agreement for the purpose of any Federal program under which such
history is used as a basis for an allotment or
other limitation on the production of such crop;
or (2) surrender of any such history and allotments.
(g) Rules and regulations
The Secretary of Agriculture shall be authorized to issue such rules and regulations as he determines are necessary to carry out the provisions of this section.
(h) Utilization of Natural Resources Conservation Service
In carrying out the provisions of this section,
the Secretary of Agriculture shall utilize the
services of the Natural Resources Conservation
Service.
(i) Authorization of appropriations
There are authorized to be appropriated to the
Secretary of Agriculture, from amounts in the
Treasury other than amounts in the fund, such
sums as may be necessary to carry out this section.
(Pub. L. 95–87, title IV, § 406, Aug. 3, 1977, 91 Stat.
460; Pub. L. 97–98, title XV, § 1551, Dec. 22, 1981,
95 Stat. 1344; Pub. L. 101–508, title VI, §§ 6008,
6012(c), (d)(3), Nov. 5, 1990, 104 Stat. 1388–295,
1388–298; Pub. L. 109–432, div. C, title II, § 204,
Dec. 20, 2006, 120 Stat. 3016.)
AMENDMENTS
2006—Subsec. (h). Pub. L. 109–432, § 204(a), substituted
‘‘Natural Resources Conservation Service’’ for ‘‘Soil
Conservation Service’’.
Subsec. (i). Pub. L. 109–432, § 204(b), added subsec. (i).
1990—Subsec. (a). Pub. L. 101–508, § 6012(d)(3), which directed the substitution of ‘‘(including owners’’ for ‘‘including owners’’ was executed the first time that
phrase appeared to reflect the probable intent of Congress, because the parenthetical statement concluding
with ‘‘water rights)’’ was enacted without an opening
parenthesis.
Subsec. (d). Pub. L. 101–508, § 6008, struck out ‘‘experimental’’ before ‘‘reclamation treatment projects’’ in
last sentence.
Subsec. (i). Pub. L. 101–508, § 6012(c), repealed subsec.
(i) which read as follows: ‘‘Funds shall be made available to the Secretary of Agriculture for the purposes of
this section, as provided in section 1231 of this title.’’
1981—Subsec. (d). Pub. L. 97–98 inserted provisions
that notwithstanding any other provision of this section with regard to acreage limitations, the Secretary
may carry out experimental reclamation treatment
projects to control erosion and improve water quality
on all lands within a hydrologic unit, consisting of not
more than 25,000 acres, if the Secretary determines that
treatment of such lands as a hydrologic unit will
achieve greater reduction in the adverse effects of past
surface mining practices than would be achieved if reclamation was done on individual parcels of land.

§ 1237

EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–508 effective Oct. 1, 1991,
see section 6014 of Pub. L. 101–508 set out as a note
under section 1231 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–98 effective Dec. 22, 1981,
see section 1801 of Pub. L. 97–98, set out as an Effective
Date note under section 4301 of Title 7, Agriculture.

§ 1237. Acquisition and reclamation of land adversely affected by past coal mining practices
(a) Findings of fact; notice; right of entry
If the Secretary or the State pursuant to an
approved State program, makes a finding of fact
that—
(1) land or water resources have been adversely affected by past coal mining practices;
and
(2) the adverse effects are at a stage where,
in the public interest, action to restore, reclaim, abate, control, or prevent should be
taken; and
(3) the owners of the land or water resources
where entry must be made to restore, reclaim,
abate, control, or prevent the adverse effects
of past coal mining practices are not known,
or readily available; or
(4) the owners will not give permission for
the United States, the States, political subdivisions, their agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse
effects of past coal mining practices;
then, upon giving notice by mail to the owners
if known or if not known by posting notice upon
the premises and advertising once in a newspaper of general circulation in the municipality
in which the land lies, the Secretary, his agents,
employees, or contractors, or the State pursuant
to an approved State program, shall have the
right to enter upon the property adversely affected by past coal mining practices and any
other property to have access to such property
to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects. Such entry shall be construed as
an exercise of the police power for the protection of public health, safety, and general welfare
and shall not be construed as an act of condemnation of property nor of trespass thereon.
The moneys expended for such work and the
benefits accruing to any such premises so entered upon shall be chargeable against such land
and shall mitigate or offset any claim in or any
action brought by any owner of any interest in
such premises for any alleged damages by virtue
of such entry: Provided, however, That this provision is not intended to create new rights of action or eliminate existing immunities.
(b) Studies or exploratory work
The Secretary, his agents, employees, or contractors or the State pursuant to an approved
State program, shall have the right to enter
upon any property for the purpose of conducting
studies or exploratory work to determine the existence of adverse effects of past coal mining
practices and to determine the feasibility of restoration, reclamation, abatement, control, or

§ 1237

TITLE 30—MINERAL LANDS AND MINING

prevention of such adverse effects. Such entry
shall be construed as an exercise of the police
power for the protection of public health, safety,
and general welfare and shall not be construed
as an act of condemnation of property nor trespass thereon.
(c) Requirements for acquisition of affected land
The Secretary or the State pursuant to an approved State program, may acquire any land, by
purchase, donation, or condemnation, which is
adversely affected by past coal mining practices
if the Secretary determines that acquisition of
such land is necessary to successful reclamation
and that—
(1) the acquired land, after restoration, reclamation, abatement, control, or prevention of
the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes
or provide open space benefits; and
(2) permanent facilities such as a treatment
plant or a relocated stream channel will be
constructed on the land for the restoration,
reclamation, abatement, control, or prevention of the adverse effects of past coal mining
practices; or
(3) acquisition of coal refuse disposal sites
and all coal refuse thereon will serve the purposes of this subchapter or that public ownership is desirable to meet emergency situations
and prevent recurrences of the adverse effects
of past coal mining practices.
(d) Title to affected land; value
Title to all lands acquired pursuant to this
section shall be in the name of the United
States or, if acquired by a State pursuant to an
approved program, title shall be in the name of
the State. The price paid for land acquired under
this section shall reflect the market value of the
land as adversely affected by past coal mining
practices.
(e) State participation; grants
States are encouraged as part of their approved State programs, to reclaim abandoned
and unreclaimed mined lands within their
boundaries and, if necessary, to acquire or to
transfer such lands to the Secretary or the appropriate State regulatory authority under appropriate Federal regulations. The Secretary is
authorized to make grants on a matching basis
to States in such amounts as he deems appropriate for the purpose of carrying out the provisions of this subchapter but in no event shall
any grant exceed 90 per centum of the cost of acquisition of the lands for which the grant is
made. When a State has made any such land
available to the Federal Government under this
subchapter, such State shall have a preference
right to purchase such lands after reclamation
at fair market value less the State portion of
the original acquisition price. Notwithstanding
the provisions of paragraph (1) of subsection (c)
of this section, reclaimed land may be sold to
the State or local government in which it is located at a price less than fair market value,
which in no case shall be less than the cost to
the United States of the purchase and reclamation of the land, as negotiated by the Secretary,
to be used for a valid public purpose. If any land

Page 250

sold to a State or local government under this
paragraph is not used for a valid public purpose
as specified by the Secretary in the terms of the
sales agreement then all right, title, and interest in such land shall revert to the United
States. Money received from such sale shall be
deposited in the fund.
(f) Rules and regulations
The Secretary, in formulating regulations for
making grants to the States to acquire land pursuant to this section, shall specify that acquired
land meet the criteria provided for in subsections (c) and (d) of this section. The Secretary may provide by regulation that money
derived from the lease, rental, or user charges of
such acquired land and facilities thereon will be
deposited in the fund.
(g) Public sale; notice and hearing
(1) Where land acquired pursuant to this section is deemed to be suitable for industrial, commercial, residential, or recreational development, the Secretary may sell or authorize the
States to sell such land by public sale under a
system of competitive bidding, at not less than
fair market value and under such other regulations promulgated to insure that such lands are
put to proper use consistent with local and
State land use plans, if any, as determined by
the Secretary.
(2) The Secretary or the State pursuant to an
approved State program, when requested after
appropriate public notice shall hold a public
hearing, with the appropriate notice, in the
county or counties or the appropriate subdivisions of the State in which lands acquired pursuant to this section are located. The hearings
shall be held at a time which shall afford local
citizens and governments the maximum opportunity to participate in the decision concerning
the use or disposition of the lands after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.
(h) Construction or rehabilitation of housing for
disabled, displaced, or dislocated persons;
grants
In addition to the authority to acquire land
under subsection (d) of this section the Secretary is authorized to use money in the fund to
acquire land by purchase, donation, or condemnation, and to reclaim and transfer acquired
land to any State or to a political subdivision
thereof, or to any person, firm, association, or
corporation, if he determines that such is an integral and necessary element of an economically
feasible plan for the project to construct or rehabilitate housing for persons disabled as the result of employment in the mines or work incidental thereto, persons displaced by acquisition
of land pursuant to this section, or persons dislocated as the result of adverse effects of coal
mining practices which constitute an emergency
as provided in section 1240 of this title or persons dislocated as the result of natural disasters
or catastrophic failures from any cause. Such
activities shall be accomplished under such
terms and conditions as the Secretary shall require, which may include transfers of land with
or without monetary consideration: Provided,

Page 251

TITLE 30—MINERAL LANDS AND MINING

That, to the extent that the consideration is
below the fair market value of the land transferred, no portion of the difference between the
fair market value and the consideration shall
accrue as a profit to such persons, firm, association, or corporation. No part of the funds provided under this subchapter may be used to pay
the actual construction costs of housing. The
Secretary may carry out the purposes of this
subsection directly or he may make grants and
commitments for grants, and may advance
money under such terms and conditions as he
may require to any State, or any department,
agency, or instrumentality of a State, or any
public body or nonprofit organization designated
by a State.
(Pub. L. 95–87, title IV, § 407, Aug. 3, 1977, 91 Stat.
462; Pub. L. 101–508, title VI, § 6012(d)(4)–(7), Nov.
5, 1990, 104 Stat. 1388–298.)
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–508, § 6012(d)(4), (5), substituted a semicolon for the period at end of par. (4) and
‘‘then, upon giving notice’’ for ‘‘Then, upon giving notice’’ in concluding provisions.
Subsec. (e). Pub. L. 101–508, § 6012(d)(6), substituted
‘‘paragraph (1) of subsection (c) of this section’’ for
‘‘paragraph (1), of this subsection’’.
Subsec. (g)(2). Pub. L. 101–508, § 6012(d)(7), substituted
‘‘use or’’ for ‘‘use of’’ before ‘‘disposition’’.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–508 effective Oct. 1, 1991,
see section 6014 of Pub. L. 101–508 set out as a note
under section 1231 of this title.

§ 1238. Liens
(a) Filing of statement and appraisal
Within six months after the completion of
projects to restore, reclaim, abate, control, or
prevent adverse effects of past coal mining practices on privately owned land, the Secretary or
the State, pursuant to an approved State program, shall itemize the moneys so expended and
may file a statement thereof in the office of the
county in which the land lies which has the responsibility under local law for the recording of
judgments against land, together with a notarized appraisal by an independent appraiser of
the value of the land before the restoration, reclamation, abatement, control, or prevention of
adverse effects of past coal mining practices if
the moneys so expended shall result in a significant increase in property value. Such statement
shall constitute a lien upon the said land. The
lien shall not exceed the amount determined by
the appraisal to be the increase in the market
value of the land as a result of the restoration,
reclamation, abatement, control, or prevention
of the adverse effects of past coal mining practices. No lien shall be filed against the property
of any person, in accordance with this subsection, who neither consented to nor participated in nor exercised control over the mining
operation which necessitated the reclamation
performed hereunder.
(b) Petition
The landowner may proceed as provided by
local law to petition within sixty days of the filing of the lien, to determine the increase in the
market value of the land as a result of the res-

§ 1239

toration, reclamation, abatement, control, or
prevention of the adverse effects of past coal
mining practices. The amount reported to be the
increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement herein provided. Any
party aggrieved by the decision may appeal as
provided by local law.
(c) Recordation
The lien provided in this section shall be entered in the county office in which the land lies
and which has responsibility under local law for
the recording of judgments against land. Such
statement shall constitute a lien upon the said
land as of the date of the expenditure of the
moneys and shall have priority as a lien second
only to the lien of real estate taxes imposed
upon said land.
(Pub. L. 95–87, title IV, § 408, Aug. 3, 1977, 91 Stat.
465; Pub. L. 109–432, div. C, title II, § 205, Dec. 20,
2006, 120 Stat. 3016.)
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–432 struck out ‘‘who
owned the surface prior to May 2, 1977, and’’ after ‘‘this
subsection,’’ in last sentence.

§ 1239. Filling voids and sealing tunnels
(a) Congressional declaration of hazardous conditions
The Congress declares that voids, and open
and abandoned tunnels, shafts, and entryways
resulting from any previous mining operation,
constitute a hazard to the public health or safety and that surface impacts of any underground
or surface mining operation may degrade the environment. The Secretary, at the request of the
Governor of any State, or the the 1 governing
body of an Indian tribe, is authorized to fill such
voids, seal such abandoned tunnels, shafts, and
entryways, and reclaim surface impacts of underground or surface mines which the Secretary
determines could endanger life and property,
constitute a hazard to the public health and
safety, or degrade the environment. State regulatory authorities are authorized to carry out
such work pursuant to an approved abandoned
mine reclamation program.
(b) Limitation on funds
Funds available for use in carrying out the
purpose of this section shall be limited to those
funds which must be allocated to the respective
States or Indian tribes under the provisions of
paragraphs (1) and (5) of section 1232(g) of this
title.
(c) Limitation on expenditures
(1) The Secretary may make expenditures and
carry out the purposes of this section in such
States where requests are made by the Governor
or governing body of an Indian tribe for those
reclamation projects which meet the priorities
stated in section 1233(a)(1) of this title, except
that for the purposes of this section the reference to coal in section 1233(a)(1) of this title
shall not apply.
(2) The provisions of section 1234 of this title
shall apply to this section, with the exception
1 So

in original.

TITLE 30—MINERAL LANDS AND MINING

§ 1240

that such mined lands need not have been mined
for coal.
(3) The Secretary shall not make any expenditures for the purposes of this section in those
States which have made the certification referred to in section 1240a(a) of this title.
(d) Disposal of mine wastes
In those instances where mine waste piles are
being reworked for conservation purposes, the
incremental costs of disposing of the wastes
from such operations by filling voids and sealing
tunnels may be eligible for funding providing
that the disposal of these wastes meets the purposes of this section.
(e) Land acquisition
The Secretary may acquire by purchase, donation, easement, or otherwise such interest in
land as he determines necessary to carry out the
provisions of this section.
(Pub. L. 95–87, title IV, § 409, Aug. 3, 1977, 91 Stat.
465; Pub. L. 101–508, title VI, § 6009, Nov. 5, 1990,
104 Stat. 1388–296.)
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–508, § 6009(1), substituted
‘‘the governing body of an Indian tribe’’ for ‘‘chairman
of any tribe’’.
Subsec. (b). Pub. L. 101–508, § 6009(2), substituted ‘‘Indian tribes under the provisions of paragraphs (1) and
(5) of section 1232(g) of this title’’ for ‘‘Indian reservations under the provisions of subsection 1232(g) of this
title’’.
Subsec. (c). Pub. L. 101–508, § 6009(3), amended subsec.
(c) generally. Prior to amendment, subsec. (c) read as
follows: ‘‘The Secretary may make expenditures and
carry out the purposes of this section without regard to
provisions of section 1234 of this title in such States or
Indian reservations where requests are made by the
Governor or tribal chairman and only after all reclamation with respect to abandoned coal lands or coal development impacts have been met, except for those reclamation projects relating to the protection of the public health or safety.’’
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–508 effective Oct. 1, 1991,
see section 6014 of Pub. L. 101–508 set out as a note
under section 1231 of this title.

§ 1240. Emergency powers
(a) The Secretary is authorized to expend
moneys from the fund for the emergency restoration, reclamation, abatement, control, or
prevention of adverse effects of coal mining
practices, on eligible lands, if the Secretary
makes a finding of fact that—
(1) an emergency exists constituting a danger to the public health, safety, or general
welfare; and
(2) no other person or agency will act expeditiously to restore, reclaim, abate, control, or
prevent the adverse effects of coal mining
practices.
(b) The Secretary, his agents, employees, and
contractors shall have the right to enter upon
any land where the emergency exists and any
other land to have access to the land where the
emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary or
expedient to protect the public health, safety, or

Page 252

general welfare. Such entry shall be construed
as an exercise of the police power and shall not
be construed as an act of condemnation of property nor of trespass thereof. The moneys expended for such work and the benefits accruing
to any such premises so entered upon shall be
chargeable against such land and shall mitigate
or offset any claim in or any action brought by
any owner of any interest in such premises for
any alleged damages by virtue of such entry:
Provided, however, That this provision is not intended to create new rights of action or eliminate existing immunities.
(Pub. L. 95–87, title IV, § 410, Aug. 3, 1977, 91 Stat.
466.)
§ 1240a. Certification
(a) Certification of completion of coal reclamation
(1) The Governor of a State, or the head of a
governing body of an Indian tribe, with an approved abandoned mine reclamation program
under section 1235 of this title may certify to
the Secretary that all of the priorities stated in
section 1233(a) of this title for eligible lands and
waters pursuant to section 1234 of this title have
been achieved. The Secretary, after notice in the
Federal Register and opportunity for public
comment, shall concur with such certification if
the Secretary determines that such certification
is correct.
(2)(A) The Secretary may, on the initiative of
the Secretary, make the certification referred to
in paragraph (1) on behalf of any State or Indian
tribe referred to in paragraph (1) if on the basis
of the inventory referred to in section 1233(c) of
this title all reclamation projects relating to
the priorities described in section 1233(a) of this
title for eligible land and water pursuant to section 1234 of this title in the State or tribe have
been completed.
(B) The Secretary shall only make the certification after notice in the Federal Register and
opportunity for public comment.
(b) Eligible lands, waters, and facilities
If the Secretary has concurred in a State or
tribal certification under subsection (a) of this
section, for purposes of determining the eligibility of lands and waters for annual grants
under section 1232(g)(1) of this title, section 1234
of this title shall not apply, and eligible lands,
waters, and facilities shall be those—
(1) which were mined or processed for minerals or which were affected by such mining or
processing, and abandoned or left in an inadequate reclamation status prior to August 3,
1977; and
(2) for which there is no continuing reclamation responsibility under State or other Federal laws. In determining the eligibility under
this subsection of Federal lands, waters, and
facilities under the jurisdiction of the Forest
Service or Bureau of Land Management, in
lieu of the August 3, 1977, date referred to in
paragraph (1) the applicable date shall be August 28, 1974, and November 26, 1980, respectively.
(c) Priorities
Expenditures of moneys for lands, waters, and
facilities referred to in subsection (b) of this sec-

Page 253

TITLE 30—MINERAL LANDS AND MINING

tion shall reflect the following objectives and
priorities in the order stated (in lieu of the priorities set forth in section 1233 of this title):
(1) The protection of public health, safety,
general welfare, and property from extreme
danger of adverse effects of mineral mining
and processing practices.
(2) The protection of public health, safety,
and general welfare from adverse effects of
mineral mining and processing practices.
(3) The restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices.
(d) Specific sites and areas not eligible
Sites and areas designated for remedial action
pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 and following) or which have been listed for remedial
action pursuant to the Comprehensive Environmental Response Compensation and Liability
Act of 1980 (42 U.S.C. 9601 and following) shall
not be eligible for expenditures from the Fund
under this section.
(e) Utilities and other facilities
Reclamation projects involving the protection, repair, replacement, construction, or enhancement of utilities, such as those relating to
water supply, roads, and such other facilities
serving the public adversely affected by mineral
mining and processing practices, and the construction of public facilities in communities impacted by coal or other mineral mining and
processing practices, shall be deemed part of the
objectives set forth, and undertaken as they relate to, the priorities stated in subsection (c) of
this section.
(f) Public facilities related to coal or minerals industry
Notwithstanding subsection (e) of this section,
where the Secretary has concurred in the certification referenced in subsection (a) of this
section and where the Governor of a State or the
head of a governing body of an Indian tribe determines there is a need for activities or construction of specific public facilities related to
the coal or minerals industry in States impacted
by coal or minerals development and the Secretary concurs in such need, then the State or
Indian tribe, as the case may be, may use annual
grants made available under section 1232(g)(1) of
this title to carry out such activities or construction.
(g) Application of other provisions
The provisions of sections 1237 and 1238 of this
title shall apply to subsections (a) through (e) of
this section, except that for purposes of this section the references to coal in sections 1237 and
1238 of this title shall not apply.
(h) Payments to States and Indian tribes
(1) In general
(A) Payments
(i) In general
Notwithstanding section 1231(f)(3)(B) of
this title, from funds referred to in section
1232(i)(2) of this title, the Secretary shall
make payments to States or Indian tribes

§ 1240a

for the amount due for the aggregate unappropriated amount allocated to the State
or Indian tribe under subparagraph (A) or
(B) of section 1232(g)(1) of this title.
(ii) Conversion as equivalent payments
Amounts allocated under subparagraph
(A) or (B) of section 1232(g)(1) of this title
shall be reallocated to the allocation established in section 1232(g)(5) of this title
in amounts equivalent to payments made
to States or Indian tribes under this paragraph.
(B) Amount due
In this paragraph, the term ‘‘amount due’’
means the unappropriated amount allocated
to a State or Indian tribe before October 1,
2007, under subparagraph (A) or (B) of section 1232(g)(1) of this title.
(C) Schedule
Payments under subparagraph (A) shall be
made in 7 equal annual installments, beginning with fiscal year 2008.
(D) Use of funds
(i) Certified States and Indian tribes
A State or Indian tribe that makes a certification under subsection (a) in which
the Secretary concurs shall use any
amounts provided under this paragraph for
the purposes established by the State legislature or tribal council of the Indian
tribe, with priority given for addressing
the impacts of mineral development.
(ii) Uncertified States and Indian tribes
A State or Indian tribe that has not
made a certification under subsection (a)
in which the Secretary has concurred shall
use any amounts provided under this paragraph for the purposes described in section
1233 of this title.
(2) Subsequent State and Indian tribe share for
certified States and Indian tribes
(A) In general
Notwithstanding section 1231(f)(3)(B) of
this title, from funds referred to in section
1232(i)(2) of this title, the Secretary shall
pay to each certified State or Indian tribe an
amount equal to the sum of the aggregate
unappropriated amount allocated on or after
October 1, 2007, to the certified State or Indian tribe under subparagraph (A) or (B) of
section 1232(g)(1) of this title.
(B) Certified State or Indian tribe defined
In this paragraph the term ‘‘certified
State or Indian tribe’’ means a State or Indian tribe for which a certification is made
under subsection (a) in which the Secretary
concurs.
(3) Manner of payment
(A) In general
Subject to subparagraph (B), payments to
States or Indian tribes under this subsection
shall be made without regard to any limitation in section 1231(d) of this title and concurrently with payments to States under
that section.

§ 1241

TITLE 30—MINERAL LANDS AND MINING

(B) Initial payments
The first 3 payments made to any State or
Indian tribe shall be reduced to 25 percent, 50
percent, and 75 percent, respectively, of the
amounts otherwise required under paragraph
(2)(A).
(C) Installments
Amounts withheld from the first 3 annual
installments as provided under subparagraph
(B) shall be paid in 2 equal annual installments beginning with fiscal year 2018.
(4) Reallocation
(A) In general
The amount allocated to any State or Indian tribe under subparagraph (A) or (B) of
section 1232(g)(1) of this title that is paid to
the State or Indian tribe as a result of a payment under paragraph (1) or (2) shall be reallocated and available for grants under section 1232(g)(5) of this title.
(B) Allocation
The grants shall be allocated based on the
amount of coal historically produced before
August 3, 1977, in the same manner as under
section 1232(g)(5) of this title.
(Pub. L. 95–87, title IV, § 411, as added Pub. L.
101–508, title VI, § 6010(2), Nov. 5, 1990, 104 Stat.
1388–296; amended Pub. L. 109–432, div. C, title II,
§ 206, Dec. 20, 2006, 120 Stat. 3016.)
REFERENCES IN TEXT
The Uranium Mill Tailings Radiation Control Act of
1978, referred to in subsec. (d), is Pub. L. 95–604, Nov. 8,
1978, 92 Stat. 3021, as amended, which is classified principally to chapter 88 (§ 7901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under
section 7901 of Title 42 and Tables.
The Comprehensive Environmental Response Compensation and Liability Act of 1980, referred to in subsec. (d), probably means the Comprehensive Environmental Response, Compensation, and Liability Act of
1980, Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as
amended, which is classified principally to chapter 103
(§ 9601 et seq.) of Title 42. For complete classification of
this Act to the Code, see Short Title note set out under
section 9601 of Title 42 and Tables.
PRIOR PROVISIONS
A prior section 411 of Pub. L. 95–87 was renumbered
section 412 and was classified to section 1241 of this
title, prior to being omitted from the Code.
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–432, § 206(1), designated
existing provisions as par. (1) and added par. (2).
Subsec. (h). Pub. L. 109–432, § 206(2), added subsec. (h).
EFFECTIVE DATE
Section effective Oct. 1, 1991, see section 6014 of Pub.
L. 101–508 set out as an Effective Date of 1990 Amendment note under section 1231 of this title.

§ 1241. Omitted
CODIFICATION
Section, Pub. L. 95–87, title IV, § 412, formerly § 411,
Aug. 3, 1977, 91 Stat. 466, renumbered § 412, Pub. L.
101–508, title VI, § 6010(1), Nov. 5, 1990, 104 Stat. 1388–296,
which required the Secretary of the Interior or the
State pursuant to an approved State program to report

Page 254

to Congress annually on operations under the fund together with recommendations for future use of the
fund, terminated, effective May 15, 2000, pursuant to
section 3003 of Pub. L. 104–66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance.
See, also, page 109 of House Document No. 103–7.

§ 1242. Powers of Secretary or State
(a) Engage in work, promulgate rules and regulations, etc., to implement and administer this
subchapter
The Secretary or the State pursuant to an approved State program, shall have the power and
authority, if not granted it otherwise, to engage
in any work and to do all things necessary or expedient, including promulgation of rules and
regulations, to implement and administer the
provisions of this subchapter.
(b) Engage in cooperative projects
The Secretary or the State pursuant to an approved State program, shall have the power and
authority to engage in cooperative projects
under this subchapter with any other agency of
the United States of America, any State and
their governmental agencies.
(c) Request for action to restrain interference
with regard to this subchapter
The Secretary or the State pursuant to an approved State program, may request the Attorney General, who is hereby authorized to initiate, in addition to any other remedies provided
for in this subchapter, in any court of competent
jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work
provided in this subchapter.
(d) Construct and operate plants for control and
treatment of water pollution resulting from
mine drainage
The Secretary or the State pursuant to an approved State program, shall have the power and
authority to construct and operate a plant or
plants for the control and treatment of water
pollution resulting from mine drainage. The extent of this control and treatment may be dependent upon the ultimate use of the water: Provided, That the above provisions of this paragraph shall not be deemed in any way to repeal
or supersede any portion of the Federal Water
Pollution Control Act (33 U.S.C.A. 1151, et seq.
as amended) [33 U.S.C. 1251 et seq.] and no control or treatment under this subsection shall in
any way be less than that required under the
Federal Water Pollution Control Act. The construction of a plant or plants may include major
interceptors and other facilities appurtenant to
the plant.
(e) Transfer funds
The Secretary may transfer funds to other appropriate Federal agencies, in order to carry out
the reclamation activities authorized by this
subchapter.
(Pub. L. 95–87, title IV, § 413, formerly § 412, Aug.
3, 1977, 91 Stat. 466, renumbered § 413, Pub. L.
101–508, title VI, § 6010(1), Nov. 5, 1990, 104 Stat.
1388–296.)
REFERENCES IN TEXT
The Federal Water Pollution Control Act (33 U.S.C.A.
1151, et seq. as amended), referred to in subsec. (d), is

Page 255

TITLE 30—MINERAL LANDS AND MINING

act June 30, 1948, ch. 758, 62 Stat. 1155, formerly classified to chapter 23 (§ 1151 et seq.) of Title 33, Navigation
and Navigable Waters, which was completely revised by
Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, and is classified generally to chapter 26 (§ 1251 et seq.) of Title 33.
For complete classification of this Act to the Code, see
Short Title note set out under section 1251 of Title 33
and Tables.

§ 1251

remine or reclaim eligible land shall not exceed the estimated cost of reclaiming the eligible land under this section.
(Pub. L. 95–87, title IV, § 415, as added Pub. L.
109–432, div. C, title II, § 207, Dec. 20, 2006, 120
Stat. 3018.)

A prior section 413 of Pub. L. 95–87 was renumbered
section 414 and is classified to section 1243 of this title.

SUBCHAPTER V—CONTROL OF THE ENVIRONMENTAL
IMPACTS
OF
SURFACE
COAL MINING

§ 1243. Interagency cooperation

§ 1251. Environmental protection standards

All departments, boards, commissioners, and
agencies of the United States of America shall
cooperate with the Secretary by providing technical expertise, personnel, equipment, materials,
and supplies to implement and administer the
provisions of this subchapter.

(a) Not later than the end of the ninety-day
period immediately following August 3, 1977, the
Secretary shall promulgate and publish in the
Federal Register regulations covering an interim regulatory procedure for surface coal mining and reclamation operations setting mining
and reclamation performance standards based
on and incorporating the provisions set out in
section 1252(c) of this title. The issuance of the
interim regulations shall be deemed not to be a
major Federal action within the meaning of section 4332(2)(c) 1 of title 42. Such regulations,
which shall be concise and written in plain, understandable language shall not be promulgated
and published by the Secretary until he has—
(A) published proposed regulations in the
Federal Register and afforded interested persons and State and local governments a period
of not less than thirty days after such publication to submit written comments thereon;
(B) obtained the written concurrence of the
Administrator of the Environmental Protection Agency with respect to those regulations
promulgated under this section which relate
to air or water quality standards promulgated
under the authority of the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251
et seq.]; and the Clean Air Act, as amended [42
U.S.C. 7401 et seq.]; and
(C) held at least one public hearing on the
proposed regulations.

PRIOR PROVISIONS

(Pub. L. 95–87, title IV, § 414, formerly § 413, Aug.
3, 1977, 91 Stat. 467, renumbered § 414, Pub. L.
101–508, title VI, § 6010(1), Nov. 5, 1990, 104 Stat.
1388–296.)
§ 1244. Remining incentives
(a) In general
Notwithstanding any other provision of this
chapter, the Secretary may, after opportunity
for public comment, promulgate regulations
that describe conditions under which amounts
in the fund may be used to provide incentives to
promote remining of eligible land under section
1234 of this title in a manner that leverages the
use of amounts from the fund to achieve more
reclamation with respect to the eligible land
than would be achieved without the incentives.
(b) Requirements
Any regulations promulgated under subsection
(a) shall specify that the incentives shall apply
only if the Secretary determines, with the concurrence of the State regulatory authority referred to in subchapter V, that, without the incentives, the eligible land would not be likely to
be remined and reclaimed.
(c) Incentives
(1) In general
Incentives that may be considered for inclusion in the regulations promulgated under
subsection (a) include, but are not limited to—
(A) a rebate or waiver of the reclamation
fees required under section 1232(a) of this
title; and
(B) the use of amounts in the fund to provide financial assurance for remining operations in lieu of all or a portion of the performance bonds required under section 1259
of this title.
(2) Limitations
(A) Use
A rebate or waiver under paragraph (1)(A)
shall be used only for operations that—
(i) remove or reprocess abandoned coal
mine waste; or
(ii) conduct remining activities that
meet the priorities specified in paragraph
(1) or (2) of section 1233(a) of this title.
(B) Amount
The amount of a rebate or waiver provided
as an incentive under paragraph (1)(A) to

The date, time, and place of any hearing held on
the proposed regulations shall be set out in the
publication of the proposed regulations. The
Secretary shall consider all comments and relevant data presented at such hearing before
final promulgation and publication of the regulations.
(b) Not later than one year after August 3,
1977, the Secretary shall promulgate and publish
in the Federal Register regulations covering a
permanent regulatory procedure for surface coal
mining and reclamation operations performance
standards based on and conforming to the provisions of this subchapter and establishing procedures and requirements for preparation, submission, and approval of State programs; and development and implementation of Federal programs under the subchapter. The Secretary
shall promulgate these regulations, which shall
be concise and written in plain, understandable
language in accordance with the procedures in
subsection (a) of this section.
(Pub. L. 95–87, title V, § 501, Aug. 3, 1977, 91 Stat.
467.)
1 So

in original. Probably should be ‘‘4332(2)(C)’’.

§ 1251a

TITLE 30—MINERAL LANDS AND MINING

Page 256

REFERENCES IN TEXT

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to
in subsec. (a)(B), is act June 30, 1948, ch. 758, 62 Stat.
1155, as amended generally by Pub. L. 92–500, § 2, Oct. 18,
1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to
the Code, see Short Title note set out under section
1251 of Title 33 and Tables.
The Clean Air Act, referred to in subsec. (a)(B), is act
July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is
classified generally to chapter 85 (§ 7401 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 7401 of Title 42 and Tables.

The Surface Mining Control and Reclamation Act of
1977, referred to in par. (1), is Pub. L. 95–87, Aug. 3, 1977,
91 Stat. 445, as amended, which is classified generally
to this chapter (§ 1201 et seq.). For complete classification of this Act to the Code, see Short Title note set
out under section 1201 of this title and Tables.

§ 1251a. Abandoned coal refuse sites
(1) Notwithstanding any other provision of the
Surface Mining Control and Reclamation Act of
1977 [30 U.S.C. 1201 et seq.] to the contrary, the
Secretary of the Interior shall, within one year
after October 24, 1992, publish proposed regulations in the Federal Register, and after opportunity for public comment publish final regulations, establishing environmental protection
performance and reclamation standards, and
separate permit systems applicable to operations for the on-site reprocessing of abandoned
coal refuse and operations for the removal of
abandoned coal refuse on lands that would
otherwise be eligible for expenditure under section 404 and section 402(g)(4) of the Surface Mining Control and Reclamation Act of 1977 [30
U.S.C. 1234, 1232(g)(4)].
(2) The standards and permit systems referred
to in paragraph (1) shall distinguish between
those operations which reprocess abandoned
coal refuse on-site, and those operations which
completely remove abandoned coal refuse from a
site for the direct use of such coal refuse, or for
the reprocessing of such coal refuse, at another
location. Such standards and permit systems
shall be premised on the distinct differences between operations for the on-site reprocessing,
and operations for the removal, of abandoned
coal refuse and other types of surface coal mining operations.
(3) The Secretary of the Interior may devise a
different standard than any of those set forth in
section 515 and section 516 of the Surface Mining
Control and Reclamation Act of 1977 [30 U.S.C.
1265, 1266], and devise a separate permit system,
if he determines, on a standard-by-standard
basis, that a different standard may facilitate
the on-site reprocessing, or the removal, of
abandoned coal refuse in a manner that would
provide the same level of environmental protection as under section 515 and section 516.
(4) Not later than 30 days prior to the publication of the proposed regulations referred to in
this section, the Secretary shall submit a report
to the Committee on Interior and Insular Affairs
of the United States House of Representatives,
and the Committee on Energy and Natural Resources of the United States Senate containing
a detailed description of any environmental protection performance and reclamation standards,
and separate permit systems, devised pursuant
to this section.
(Pub. L. 102–486, title XXV, § 2503(e), Oct. 24, 1992,
106 Stat. 3103.)

CODIFICATION
Section was enacted as part of the Energy Policy Act
of 1992, and not as part of the Surface Mining Control
and Reclamation Act of 1977 which comprises this chapter.
CHANGE OF NAME
Committee on Interior and Insular Affairs of House of
Representatives changed to Committee on Natural Resources of House of Representatives on Jan. 5, 1993, by
House Resolution No. 5, One Hundred Third Congress.

§ 1252. Initial regulatory procedures
(a) State regulation
No person shall open or develop any new or
previously mined or abandoned site for surface
coal mining operations on lands on which such
operations are regulated by a State unless such
person has obtained a permit from the State’s
regulatory authority.
(b) Interim standards
All surface coal mining operations on lands on
which such operations are regulated by a State
which commence operations pursuant to a permit issued on or after six months from August 3,
1977, shall comply, and such permits shall contain terms requiring compliance with, the provisions set out in subsection (c) of this section.
Prior to final disapproval of a State program or
prior to promulgation of a Federal program or a
Federal lands program pursuant to this chapter,
a State may issue such permits.
(c) Full compliance with environmental protection performance standards
On and after nine months from August 3, 1977,
all surface coal mining operations on lands on
which such operations are regulated by a State
shall comply with the provisions of subsections
(b)(2), (b)(3), (b)(5), (b)(10), (b)(13), (b)(15), (b)(19),
and (d) of section 1265 of this title or, where a
surface coal mining operation will remove an
entire coal seam or seams running through the
upper fraction of a mountain, ridge, or hill by
removing all of the overburden and creating a
level plateau or a gently rolling contour with no
highwalls remaining, such operation shall comply with the requirements of section 1265(c)(4)
and (5) of this title without regard to the requirements of section 1265(b)(3) or (d)(2) and (3)
of this title, with respect to lands from which
overburden and the coal seam being mined have
not been removed: Provided, however, That surface coal mining operations in operation pursuant to a permit issued by a State before August
3, 1977, issued to a person as defined in section
1291(19) of this title in existence prior to May 2,
1977 and operated by a person whose total annual production of coal from surface and underground coal mining operations does not exceed
one hundred thousand tons shall not be subject
to the provisions of this subsection except with
reference to the provision of section 1265(d)(1) of
this title until January 1, 1979.

Page 257

TITLE 30—MINERAL LANDS AND MINING

(d) Permit application
Not later than two months following the approval of a State program pursuant to section
1253 of this title or the implementation of a Federal program pursuant to section 1254 of this
title, regardless of litigation contesting that approval or implementation, all operators of surface coal mines in expectation of operating such
mines after the expiration of eight months from
the approval of a State program or the implementation of a Federal program, shall file an application for a permit with the regulatory authority. Such application shall cover those lands
to be mined after the expiration of eight months
from the approval of a State program or the implementation of a Federal program. The regulatory authority shall process such applications
and grant or deny a permit within eight months
after the date of approval of the State program
or the implementation of the Federal program,
unless specially enjoined by a court of competent jurisdiction, but in no case later than
forty-two months from August 3, 1977.
(e) Federal enforcement program
Within six months after August 3, 1977, the
Secretary shall implement a Federal enforcement program which shall remain in effect in
each State as surface coal mining operations are
required to comply with the provisions of this
chapter, until the State program has been approved pursuant to this chapter or until a Federal program has been implemented pursuant to
this chapter. The enforcement program shall—
(1) include inspections of surface coal mine
sites which may be made (but at least one inspection for every site every six months),
without advance notice to the mine operator
and for the purpose of ascertaining compliance
with the standards of subsections (b) and (c)
above. The Secretary shall order any necessary enforcement action to be implemented
pursuant to the Federal enforcement provision
of this subchapter to correct violations identified at the inspections;
(2) provide that upon receipt of inspection
reports indicating that any surface coal mining operation has been found in violation of
subsections (b) and (c) above, during not less
than two consecutive State inspections or
upon receipt by the Secretary of information
which would give rise to reasonable belief that
such standards are being violated by any surface coal mining operation, the Secretary
shall order the immediate inspection of such
operation by Federal inspectors and the necessary enforcement actions, if any, to be implemented pursuant to the Federal enforcement provisions of this subchapter. When the
Federal inspection results from information
provided to the Secretary by any person, the
Secretary shall notify such person when the
Federal inspection is proposed to be carried
out and such person shall be allowed to accompany the inspector during the inspection;
(3) provide that the State regulatory agency
file with the Secretary and with a designated
Federal office centrally located in the county
or area in which the inspected surface coal
mine is located copies of inspection reports
made;

§ 1253

(4) provide that moneys authorized by section 1302 of this title shall be available to the
Secretary prior to the approval of a State program pursuant to this chapter to reimburse
the State for conducting those inspections in
which the standards of this chapter are enforced and for the administration of this section.1
(5) for purposes of this section, the term
‘‘Federal inspector’’ means personnel of the
Office of Surface Mining Reclamation and Enforcement and such additional personnel of
the United States Geological Survey, Bureau
of Land Management, or of the Mining Enforcement and Safety Administration so designated by the Secretary, or such other personnel of the Forest Service, Soil Conservation Service, or the Agricultural Stabilization
and Conservation Service as arranged by appropriate agreement with the Secretary on a
reimbursable or other basis; 2
(f) Interim period
Following the final disapproval of a State program, and prior to promulgation of a Federal
program or a Federal lands program pursuant to
this chapter, including judicial review of such a
program, existing surface coal mining operations may continue surface mining operations
pursuant to the provisions of this section. During such period no new permits shall be issued
by the State whose program has been disapproved. Permits which lapse during such period may continue in full force and effect until
promulgation of a Federal program or a Federal
lands program.
(Pub. L. 95–87, title V, § 502, Aug. 3, 1977, 91 Stat.
468.)
§ 1253. State programs
(a) Regulation of surface coal mining and reclamation operations; submittal to Secretary;
time limit; demonstration of effectiveness
Each State in which there are or may be conducted surface coal mining operations on nonFederal lands, and which wishes to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations,
except as provided in sections 1271 and 1273 of
this title and subchapter IV of this chapter,
shall submit to the Secretary, by the end of the
eighteenth-month 1 period beginning on August
3, 1977, a State program which demonstrates
that such State has the capability of carrying
out the provisions of this chapter and meeting
its purposes through—
(1) a State law which provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of this chapter;
(2) a State law which provides sanctions for
violations of State laws, regulations, or conditions of permits concerning surface coal mining and reclamation operations, which sanctions shall meet the minimum requirements of
this chapter, including civil and criminal ac1 So

in original. The period probably should be a semicolon.
in original. The semicolon probably should be a period.
1 So in original.
2 So

§ 1254

TITLE 30—MINERAL LANDS AND MINING

tions, forfeiture of bonds, suspensions, revocations, and withholding of permits, and the issuance of cease-and-desist orders by the State
regulatory authority or its inspectors;
(3) a State regulatory authority with sufficient administrative and technical personnel,
and sufficient funding to enable the State to
regulate surface coal mining and reclamation
operations in accordance with the requirements of this chapter;
(4) a State law which provides for the effective implementations,1 maintenance, and enforcement of a permit system, meeting the requirements of this subchapter for the regulations 1 of surface coal mining and reclamation
operations for coal on lands within the State;
(5) establishment of a process for the designation of areas as unsuitable for surface coal
mining in accordance with section 1272 of this
title provided that the designation of Federal
lands unsuitable for mining shall be performed
exclusively by the Secretary after consultation with the State; and 1
(6) establishment for the purposes of avoiding duplication, of a process for coordinating
the review and issuance of permits for surface
coal mining and reclamation operations with
any other Federal or State permit process applicable to the proposed operations; and
(7) rules and regulations consistent with regulations issued by the Secretary pursuant to
this chapter.
(b) Approval of program
The Secretary shall not approve any State
program submitted under this section until he
has—
(1) solicited and publicly disclosed the views
of the Administrator of the Environmental
Protection Agency, the Secretary of Agriculture, and the heads of other Federal agencies concerned with or having special expertise
pertinent to the proposed State program;
(2) obtained the written concurrence of the
Administrator of the Environmental Protection Agency with respect to those aspects of a
State program which relate to air or water
quality standards promulgated under the authority of the Federal Water Pollution Control
Act, as amended [33 U.S.C. 1251 et seq.], and
the Clean Air Act, as amended [42 U.S.C. 7401
et seq.];
(3) held at least one public hearing on the
State program within the State; and
(4) found that the State has the legal authority and qualified personnel necessary for the
enforcement of the environmental protection
standards.
The Secretary shall approve or disapprove a
State program, in whole or in part, within six
full calendar months after the date such State
program was submitted to him.
(c) Notice of disapproval
If the Secretary disapproves any proposed
State program in whole or in part, he shall notify the State in writing of his decision and set
forth in detail the reasons therefor. The State
shall have sixty days in which to resubmit a revised State program or portion thereof. The Secretary shall approve or disapprove the resubmit-

Page 258

ted State program or portion thereof within
sixty days from the date of resubmission.
(d) Inability of State to take action
For the purposes of this section and section
1254 of this title, the inability of a State to take
any action the purpose of which is to prepare,
submit or enforce a State program, or any portion thereof, because the action is enjoined by
the issuance of an injunction by any court of
competent jurisdiction shall not result in a loss
of eligibility for financial assistance under subchapters IV and VII of this chapter or in the imposition of a Federal program. Regulation of the
surface coal mining and reclamation operations
covered or to be covered by the State program
subject to the injunction shall be conducted by
the State pursuant to section 1252 of this title,
until such time as the injunction terminates or
for one year, whichever is shorter, at which time
the requirements of this section and section 1254
of this title shall again be fully applicable.
(Pub. L. 95–87, title V, § 503, Aug. 3, 1977, 91 Stat.
470.)
REFERENCES IN TEXT
The Federal Water Pollution Control Act, referred to
in subsec. (b)(2), is act June 30, 1948, ch. 758, 62 Stat.
1155, as amended generally by Pub. L. 92–500, § 2, Oct. 18,
1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to
the Code, see Short Title note set out under section
1251 of Title 33 and Tables.
The Clean Air Act, referred to in subsec. (b)(2), is act
July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is
classified generally to chapter 85 (§ 7401 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 7401 of Title 42 and Tables.

§ 1254. Federal programs
(a) Promulgation and implementation by Secretary for State
The Secretary shall prepare and, subject to
the provisions of this section, promulgate and
implement a Federal program for a State no
later than thirty-four months after August 3,
1977, if such State—
(1) fails to submit a State program covering
surface coal mining and reclamation operations by the end of the eighteen-month period beginning on August 3, 1977;
(2) fails to resubmit an acceptable State program within sixty days of disapproval of a proposed State program: Provided, That the Secretary shall not implement a Federal program
prior to the expiration of the initial period allowed for submission of a State program as
provided for in clause (1) of this subsection; or
(3) fails to implement, enforce, or maintain
its approved State program as provided for in
this chapter.
If State compliance with clause (1) of this subsection requires an act of the State legislature,
the Secretary may extend the period of submission of a State program up to an additional six
months. Promulgation and implementation of a
Federal program vests the Secretary with exclusive jurisdiction for the regulation and control
of surface coal mining and reclamation oper-

Page 259

TITLE 30—MINERAL LANDS AND MINING

ations taking place on lands within any State
not in compliance with this chapter. After promulgation and implementation of a Federal program the Secretary shall be the regulatory authority. If a Federal program is implemented for
a State, section 1272(a), (c), and (d) of this title
shall not apply for a period of one year following
the date of such implementation. In promulgating and implementing a Federal program for a
particular State the Secretary shall take into
consideration the nature of that State’s terrain,
climate, biological, chemical, and other relevant
physical conditions.
(b) Federal enforcement of State program
In the event that a State has a State program
for surface coal mining, and is not enforcing any
part of such program, the Secretary may provide for the Federal enforcement, under the provisions of section 1271 of this title, of that part
of the State program not being enforced by such
State.
(c) Notice and hearing
Prior to promulgation and implementation of
any proposed Federal program, the Secretary
shall give adequate public notice and hold a public hearing in the affected State.
(d) Review of permits
Permits issued pursuant to a previously approved State program shall be valid but reviewable under a Federal program. Immediately following promulgation of a Federal program, the
Secretary shall undertake to review such permits to determine that the requirements of this
chapter are not violated. If the Secretary determines any permit to have been granted contrary
to the requirements of this chapter, he shall so
advise the permittee and provide him an opportunity for hearing and a reasonable opportunity
for submission of a new application and reasonable time, within a time limit prescribed in regulations promulgated pursuant to section 1251(b)
of this title, to conform ongoing surface mining
and reclamation operations to the requirements
of the Federal program.
(e) Submission of State program after implementation of Federal program
A State which has failed to obtain the approval of a State program prior to implementation of a Federal program may submit a State
program at any time after such implementation.
Upon the submission of such a program, the Secretary shall follow the procedures set forth in
section 1253(b) of this title and shall approve or
disapprove the State program within six months
after its submittal. Approval of a State program
shall be based on the determination that the
State has the capability of carrying out the provisions of this chapter and meeting its purposes
through the criteria set forth in section
1253(a)(1) through (6) of this title. Until a State
program is approved as provided under this section, the Federal program shall remain in effect
and all actions taken by the Secretary pursuant
to such Federal program, including the terms
and conditions of any permit issued thereunder
shall remain in effect.

§ 1255

(f) Validity of Federal program permits under superseding State program
Permits issued pursuant to the Federal program shall be valid under any superseding State
program: Provided, That the Federal permittee
shall have the right to apply for a State permit
to supersede his Federal permit. The State regulatory authority may review such permits to determine that the requirements of this chapter
and the approved State program are not violated. Should the State program contain additional requirements not contained in the Federal program, the permittee will be provided opportunity for hearing and a reasonable time,
within a time limit prescribed in regulations
promulgated pursuant to section 1251 of this
title, to conform ongoing surface mining and
reclamation operations to the additional State
requirements.
(g) Preemption of State statutes or regulations
Whenever a Federal program is promulgated
for a State pursuant to this chapter, any statutes or regulations of such State which are in
effect to regulate surface mining and reclamation operations subject to this chapter shall, insofar as they interfere with the achievement of
the purposes and the requirements of this chapter and the Federal program, be preempted and
superseded by the Federal program. The Secretary shall set forth any State law or regulation which is preempted and superseded by the
Federal program.
(h) Coordination of issuance and review of Federal program permits with any other Federal
or State permit process
Any Federal program shall include a process
for coordinating the review and issuance of permits for surface mining and reclamation operations with any other Federal or State permit
process applicable to the proposed operation.
(Pub. L. 95–87, title V, § 504, Aug. 3, 1977, 91 Stat.
471.)
§ 1255. State laws
(a) No State law or regulation in effect on August 3, 1977, or which may become effective
thereafter, shall be superseded by any provision
of this chapter or any regulation issued pursuant thereto, except insofar as such State law or
regulation is inconsistent with the provisions of
this chapter.
(b) Any provision of any State law or regulation in effect upon August 3, 1977, or which may
become effective thereafter, which provides for
more stringent land use and environmental controls and regulations of surface coal mining and
reclamation operation than do the provisions of
this chapter or any regulation issued pursuant
thereto shall not be construed to be inconsistent
with this chapter. The Secretary shall set forth
any State law or regulation which is construed
to be inconsistent with this chapter. Any provision of any State law or regulation in effect on
August 3, 1977, or which may become effective
thereafter, which provides for the control and
regulation of surface mining and reclamation
operations for which no provision is contained
in this chapter shall not be construed to be inconsistent with this chapter.

§ 1256

TITLE 30—MINERAL LANDS AND MINING

(Pub. L. 95–87, title V, § 505, Aug. 3, 1977, 91 Stat.
473.)
§ 1256. Permits
(a) Persons engaged in surface coal mining within State; time limit; exception
No later than eight months from the date on
which a State program is approved by the Secretary, pursuant to section 1253 of this title, or
no later than eight months from the date on
which the Secretary has promulgated a Federal
program for a State not having a State program
pursuant to section 1254 of this title, no person
shall engage in or carry out on lands within a
State any surface coal mining operations unless
such person has first obtained a permit issued by
such State pursuant to an approved State program or by the Secretary pursuant to a Federal
program; except a person conducting surface
coal mining operations under a permit from the
State regulatory authority, issued in accordance
with the provisions of section 1252 of this title,
may conduct such operations beyond such period if an application for a permit has been filed
in accordance with the provisions of this chapter, but the initial administrative decision has
not been rendered.
(b) Term
All permits issued pursuant to the requirements of this chapter shall be issued for a term
not to exceed five years: Provided, That if the
applicant demonstrates that a specified longer
term is reasonably needed to allow the applicant
to obtain necessary financing for equipment and
the opening of the operation and if the application is full and complete for such specified
longer term, the regulatory authority may
grant a permit for such longer term. A successor
in interest to a permittee who applies for a new
permit within thirty days of succeeding to such
interest and who is able to obtain the bond coverage of the original permittee may continue
surface coal mining and reclamation operations
according to the approved mining and reclamation plan of the original permittee until such
successor’s application is granted or denied.
(c) Termination
A permit shall terminate if the permittee has
not commenced the surface coal mining operations covered by such permit within three
years of the issuance of the permit: Provided,
That the regulatory authority may grant reasonable extensions of time upon a showing that
such extensions are necessary by reason of litigation precluding such commencement or
threatening substantial economic loss to the
permittee, or by reason of conditions beyond the
control and without the fault or negligence of
the permittee: Provided further, That in the case
of a coal lease issued under the Federal Mineral
Leasing Act, as amended [30 U.S.C. 181 et seq.],
extensions of time may not extend beyond the
period allowed for diligent development in accordance with section 7 of that Act [30 U.S.C.
207]: Provided further, That with respect to coal
to be mined for use in a synthetic fuel facility
or specific major electric generating facility,
the permittee shall be deemed to have commenced surface mining operations at such time

Page 260

as the construction of the synthetic fuel or generating facility is initiated.
(d) Renewal
(1) Any valid permit issued pursuant to this
chapter shall carry with it the right of successive renewal upon expiration with respect to
areas within the boundaries of the existing permit. The holders of the permit may apply for renewal and such renewal shall be issued (provided
that on application for renewal the burden shall
be on the opponents of renewal), subsequent to
fulfillment of the public notice requirements of
sections 1263 and 1264 of this title unless it is established that and written findings by the regulatory authority are made that—
(A) the terms and conditions of the existing
permit are not being satisfactorily met;
(B) the present surface coal mining and reclamation operation is not in compliance with
the environmental protection standards of
this chapter and the approved State plan or
Federal program pursuant to this chapter; or
(C) the renewal requested substantially jeopardizes the operator’s continuing responsibility on existing permit areas;
(D) the operator has not provided evidence
that the performance bond in effect for said
operation will continue in full force and effect
for any renewal requested in such application
as well as any additional bond the regulatory
authority might require pursuant to section
1259 of this title; or
(E) any additional revised or updated information required by the regulatory authority
has not been provided. Prior to the approval of
any renewal of permit the regulatory authority shall provide notice to the appropriate
public authorities.
(2) If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the
existing permit, the portion of the application
for renewal of a valid permit which addresses
any new land areas shall be subject to the full
standards applicable to new applications under
this chapter: Provided, however, That if the surface coal mining operations authorized by a permit issued pursuant to this chapter were not
subject to the standards contained in section
1260(b)(5)(A) and (B) of this title by reason of
complying with the proviso of section 1260(b)(5)
of this title, then the portion of the application
for renewal of the permit which addresses any
new land areas previously identified in the reclamation plan submitted pursuant to section
1258 of this title shall not be subject to the
standards contained in section 1260(b)(5)(A) and
(B) of this title.
(3) Any permit renewal shall be for a term not
to exceed the period of the original permit established by this chapter. Application for permit
renewal shall be made at least one hundred and
twenty days prior to the expiration of the valid
permit.
(Pub. L. 95–87, title V, § 506, Aug. 3, 1977, 91 Stat.
473.)
REFERENCES IN TEXT
The Federal Mineral Leasing Act, as amended, referred to in subsec. (c), probably means act Feb. 25,

Page 261

TITLE 30—MINERAL LANDS AND MINING

1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 181 of this title and Tables.

§ 1257. Application requirements
(a) Fee
Each application for a surface coal mining and
reclamation permit pursuant to an approved
State program or a Federal program under the
provisions of this chapter shall be accompanied
by a fee as determined by the regulatory authority. Such fee may be less than but shall not exceed the actual or anticipated cost of reviewing,
administering, and enforcing such permit issued
pursuant to a State or Federal program. The
regulatory authority may develop procedures so
as to enable the cost of the fee to be paid over
the term of the permit.
(b) Submittal; contents
The permit application shall be submitted in a
manner satisfactory to the regulatory authority
and shall contain, among other things—
(1) the names and addresses of (A) the permit
applicant; (B) every legal owner of record of
the property (surface and mineral), to be
mined; (C) the holders of record of any leasehold interest in the property; (D) any purchaser of record of the property under a real
estate contract; and (E) the operator if he is a
person different from the applicant; and (F) if
any of these are business entities other than a
single proprietor, the names and addresses of
the principals, officers, and resident agent;
(2) the names and addresses of the owners of
record of all surface and subsurface areas adjacent to any part of the permit area;
(3) a statement of any current or previous
surface coal mining permits in the United
States held by the applicant and the permit
identification and each pending application;
(4) if the applicant is a partnership, corporation, association, or other business entity, the
following where applicable: the names and addresses of every officer, partner, director, or
person performing a function similar to a director, of the applicant, together with the
name and address of any person owning, of
record 10 per centum or more of any class of
voting stock of the applicant and a list of all
names under which the applicant, partner, or
principal shareholder previously operated a
surface mining operation within the United
States within the five-year period preceding
the date of submission of the application;
(5) a statement of whether the applicant,
any subsidiary, affiliate, or persons controlled
by or under common control with the applicant, has ever held a Federal or State mining
permit which in the five-year period prior to
the date of submission of the application has
been suspended or revoked or has had a mining
bond or similar security deposited in lieu of
bond forefeited 1 and, if so, a brief explanation
of the facts involved;
(6) a copy of the applicant’s advertisement
to be published in a newspaper of general cir1 So

in original. Probably should be ‘‘forfeited’’.

§ 1257

culation in the locality of the proposed site at
least once a week for four successive weeks,
and which includes the ownership, a description of the exact location and boundaries of
the proposed site sufficient so that the proposed operation is readily locatable by local
residents, and the location of where the application is available for public inspection;
(7) a description of the type and method of
coal mining operation that exists or is proposed, the engineering techniques proposed or
used, and the equipment used or proposed to
be used;
(8) the anticipated or actual starting and
termination dates of each phase of the mining
operation and number of acres of land to be affected;
(9) the applicant shall file with the regulatory authority on an accurate map or plan,
to an appropriate scale, clearly showing the
land to be affected as of the date of the application, the area of land within the permit area
upon which the applicant has the legal right
to enter and commence surface mining operations and shall provide to the regulatory authority a statement of those documents upon
which the applicant bases his legal right to
enter and commence surface mining operations on the area affected, and whether that
right is the subject of pending court litigation:
Provided, That nothing in this chapter shall be
construed as vesting in the regulatory authority the jurisdiction to adjudicate property
title disputes.2
(10) the name of the watershed and location
of the surface stream or tributary into which
surface and pit drainage will be discharged;
(11) a determination of the probable hydrologic consequences of the mining and reclamation operations, both on and off the mine site,
with respect to the hydrologic regime, quantity and quality of water in surface and
ground water systems including the dissolved
and suspended solids under seasonal flow conditions and the collection of sufficient data for
the mine site and surrounding areas so that an
assessment can be made by the regulatory authority of the probable cumulative impacts of
all anticipated mining in the area upon the
hydrology of the area and particularly upon
water availability: Provided, however, That
this determination shall not be required until
such time as hydrologic information on the
general area prior to mining is made available
from an appropriate Federal or State agency:
Provided further, That the permit shall not be
approved until such information is available
and is incorporated into the application;
(12) when requested by the regulatory authority, the climatological factors that are peculiar to the locality of the land to be affected, including the average seasonal precipitation, the average direction and velocity of
prevailing winds, and the seasonal temperature ranges;
(13) accurate maps to an appropriate scale
clearly showing (A) the land to be affected as
of the date of application and (B) all types of
information set forth on topographical maps
2 So

in original. The period probably should be a semicolon.

§ 1257

TITLE 30—MINERAL LANDS AND MINING

of the United States Geological Survey of a
scale of 1:24,000 or 1:25,000 or larger, including
all manmade features and significant known
archeological sites existing on the date of application. Such a map or plan shall among
other things specified by the regulatory authority show all boundaries of the land to be
affected, the boundary lines and names of
present owners of record of all surface areas
abutting the permit area, and the location of
all buildings within one thousand feet of the
permit area;
(14) cross-section maps or plans of the land
to be affected including the actual area to be
mined, prepared by or under the direction of
and certified by a qualified registered professional engineer, or professional geologist with
assistance from experts in related fields such
as land surveying and landscape architecture,
showing pertinent elevation and location of
test borings or core samplings and depicting
the following information: the nature and
depth of the various strata of overburden; the
location of subsurface water, if encountered,
and its quality; the nature and thickness of
any coal or rider seam above the coal seam to
be mined; the nature of the stratum immediately beneath the coal seam to be mined; all
mineral crop lines and the strike and dip of
the coal to be mined, within the area of land
to be affected; existing or previous surface
mining limits; the location and extent of
known workings of any underground mines,
including mine openings to the surface; the location of aquifers; the estimated elevation of
the water table; the location of spoil, waste, or
refuse areas and top-soil preservation areas;
the location of all impoundments for waste or
erosion control; any settling or water treatment facility; constructed or natural drainways and the location of any discharges to any
surface body of water on the area of land to be
affected or adjacent thereto; and profiles at
appropriate cross sections of the anticipated
final surface configuration that will be
achieved pursuant to the operator’s proposed
reclamation plan;
(15) a statement of the result of test borings
or core samplings from the permit area, including logs of the drill holes; the thickness of
the coal seam found, an analysis of the chemical properties of such coal; the sulfur content
of any coal seam; chemical analysis of potentially acid or toxic forming sections of the
overburden; and chemical analysis of the stratum lying immediately underneath the coal to
be mined except that the provisions of this
paragraph (15) may be waived by the regulatory authority with respect to the specific
application by a written determination that
such requirements are unnecessary;
(16) for those lands in the permit application
which a reconnaissance inspection suggests
may be prime farm lands, a soil survey shall
be made or obtained according to standards established by the Secretary of Agriculture in
order to confirm the exact location of such
prime farm lands, if any; and
(17) information pertaining to coal seams,
test borings, core samplings, or soil samples as
required by this section shall be made avail-

Page 262

able to any person with an interest which is or
may be adversely affected: Provided, That information which pertains only to the analysis
of the chemical and physical properties of the
coal (excepting information regarding such
mineral or elemental content which is potentially toxic in the environment) shall be kept
confidential and not made a matter of public
record.
(c) Assistance to small coal operators
(1) If the regulatory authority finds that the
probable total annual production at all locations of a coal surface mining operator will not
exceed 300,000 tons, the cost of the following activities, which shall be performed by a qualified
public or private laboratory or such other public
or private qualified entity designated by the
regulatory authority, shall be assumed by the
regulatory authority upon the written request
of the operator in connection with a permit application:
(A) The determination of probable hydrologic consequences required by subsection
(b)(11) of this section, including the engineering analyses and designs necessary for the determination.
(B) The development of cross-section maps
and plans required by subsection (b)(14) of this
section.
(C) The geologic drilling and statement of
results of test borings and core samplings required by subsection (b)(15) of this section.
(D) The collection of archaeological information required by subsection (b)(13) of this
section and any other archaeological and historical information required by the regulatory
authority, and the preparation of plans necessitated thereby.
(E) Pre-blast surveys required by section
1265(b)(15)(E) of this title.
(F) The collection of site-specific resource
information and production of protection and
enhancement plans for fish and wildlife habitats and other environmental values required
by the regulatory authority under this chapter.
(2) The Secretary shall provide or assume the
cost of training coal operators that meet the
qualifications stated in paragraph (1) concerning
the preparation of permit applications and compliance with the regulatory program, and shall
ensure that qualified coal operators are aware of
the assistance available under this subsection.
(d) Reclamation plan
Each applicant for a permit shall be required
to submit to the regulatory authority as part of
the permit application a reclamation plan which
shall meet the requirements of this chapter.
(e) Public inspection
Each applicant for a surface coal mining and
reclamation permit shall file a copy of his application for public inspection with the recorder at
the courthouse of the county or an appropriate
public office approved by the regulatory authority where the mining is proposed to occur, except for that information pertaining to the coal
seam itself.
(f) Insurance certificate
Each applicant for a permit shall be required
to submit to the regulatory authority as part of

Page 263

TITLE 30—MINERAL LANDS AND MINING

the permit application a certificate issued by an
insurance company authorized to do business in
the United States certifying that the applicant
has a public liability insurance policy in force
for the surface mining and reclamation operations for which such permit is sought, or evidence that the applicant has satisfied other
State or Federal self-insurance requirements.
Such policy shall provide for personal injury and
property damage protection in an amount adequate to compensate any persons damaged as a
result of surface coal mining and reclamation
operations including use of explosives and entitled to compensation under the applicable provisions of State law. Such policy shall be maintained in full force and effect during the terms
of the permit or any renewal, including the
length of all reclamation operations.
(g) Blasting plan
Each applicant for a surface coal mining and
reclamation permit shall submit to the regulatory authority as part of the permit application a blasting plan which shall outline the procedures and standards by which the operator
will meet the provisions of section 1265(b)(15) of
this title.
(h) Reimbursement of costs
A coal operator that has received assistance
pursuant to subsection (c)(1) or (2) of this section shall reimburse the regulatory authority
for the cost of the services rendered if the program administrator finds that the operator’s actual and attributed annual production of coal
for all locations exceeds 300,000 tons during the
12 months immediately following the date on
which the operator is issued the surface coal
mining and reclamation permit.
(Pub. L. 95–87, title V, § 507, Aug. 3, 1977, 91 Stat.
474; Pub. L. 101–508, title VI, § 6011, Nov. 5, 1990,
104 Stat. 1388–297; Pub. L. 102–486, title XXV,
§ 2513, Oct. 24, 1992, 106 Stat. 3112.)
AMENDMENTS
1992—Subsec. (c). Pub. L. 102–486, § 2513(a), amended
subsec. (c) generally. Prior to amendment, subsec. (c)
read as follows: ‘‘If the regulatory authority finds that
the probable total annual production at all locations of
any coal surface mining operator will not exceed 300,000
tons, the determination of probable hydrologic consequences required by subsection (b)(11) of this section
and the statement of the result of test borings or core
samplings required by subsection (b)(15) of this section
shall, upon the written request of the operator be performed by a qualified public or private laboratory designated by the regulatory authority and the cost of the
preparation of such determination and statement shall
be assumed by the regulatory authority.’’
Subsec. (h). Pub. L. 102–486, § 2513(b), added subsec.
(h).
1990—Subsec. (c). Pub. L. 101–508 substituted ‘‘300,000’’
for ‘‘100,000’’.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–508, effective Oct. 1, 1991,
see section 6014 of Pub. L. 101–508 set out as a note
under section 1231 of this title.
DISCRETIONARY OFFSETTING COLLECTIONS
Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat.
996, provided: ‘‘That, in subsequent fiscal years [after
fiscal year 2012], all amounts collected by the Office of
Surface Mining from permit fees pursuant to section

§ 1258

507 of Public Law 95–87 (30 U.S.C. 1257) shall be credited
to this account as discretionary offsetting collections,
to remain available until expended.’’
PREPARATION OF CROSS-SECTIONS, MAPS, AND PLANS
OF LAND BY OR UNDER DIRECTION OF QUALIFIED
REGISTERED PROFESSIONAL ENGINEERS, GEOLOGISTS,
OR LAND SURVEYORS
Pub. L. 98–146, title I, § 115, Nov. 4, 1983, 97 Stat. 938,
provided that: ‘‘Notwithstanding section 507(b)(14) of
the Surface Mining Control and Reclamation Act of
1977 (Public Law 95–87) [subsec. (b)(14) of this section],
cross-sections, maps or plans of land to be affected by
an application for a surface mining and reclamation
permit shall be prepared by or under the direction of a
qualified registered professional engineer or geologist,
or qualified registered professional land surveyor in
any State which authorizes land surveyors to prepare
and certify such maps or plans.’’

§ 1258. Reclamation plan requirements
(a) Each reclamation plan submitted as part of
a permit application pursuant to any approved
State program or a Federal program under the
provisions of this chapter shall include, in the
degree of detail necessary to demonstrate that
reclamation required by the State or Federal
program can be accomplished, a statement of:
(1) the identification of the lands subject to
surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which
it is anticipated that individual permits for
mining will be sought;
(2) the condition of the land to be covered by
the permit prior to any mining including:
(A) the uses existing at the time of the application, and if the land has a history of
previous mining, the uses which preceded
any mining; and
(B) the capability of the land prior to any
mining to support a variety of uses giving
consideration to soil and foundation characteristics, topography, and vegetative cover,
and, if applicable, a soil survey prepared pursuant to section 1257(b)(16) of this title; and
(C) the productivity of the land prior to
mining, including appropriate classification
as prime farm lands, as well as the average
yield of food, fiber, forage, or wood products
from such lands obtained under high levels
of management;
(3) the use which is proposed to be made of
the land following reclamation, including a
discussion of the utility and capacity of the
reclaimed land to support a variety of alternative uses and the relationship of such use to
existing land use policies and plans, and the
comments of any owner of the surface, State
and local governments or agencies thereof
which would have to initiate, implement, approve or authorize the proposed use of the land
following reclamation;
(4) a detailed description of how the proposed postmining land use is to be achieved
and the necessary support activities which
may be needed to achieve the proposed land
use;
(5) the engineering techniques proposed to be
used in mining and reclamation and a description of the major equipment; a plan for the
control of surface water drainage and of water

§ 1259

TITLE 30—MINERAL LANDS AND MINING

accumulation; a plan, where appropriate, for
backfilling, soil stabilization, and compacting,
grading, and appropriate revegetation; a plan
for soil reconstruction, replacement, and stabilization, pursuant to the performance standards in section 1265(b)(7)(A), (B), (C), and (D) of
this title, for those food, forage, and forest
lands identified in section 1265(b)(7) of this
title; an estimate of the cost per acre of the
reclamation, including a statement as to how
the permittee plans to comply with each of
the requirements set out in section 1265 of this
title;
(6) the consideration which has been given to
maximize the utilization and conservation of
the solid fuel resource being recovered so that
reaffecting the land in the future can be minimized;
(7) a detailed estimated timetable for the accomplishment of each major step in the reclamation plan;
(8) the consideration which has been given to
making the surface mining and reclamation
operations consistent with surface owner
plans, and applicable State and local land use
plans and programs;
(9) the steps to be taken to comply with applicable air and water quality laws and regulations and any applicable health and safety
standards;
(10) the consideration which has been given
to developing the reclamation plan in a manner consistent with local physical environmental, and climatological conditions;
(11) all lands, interests in lands, or options
on such interests held by the applicant or
pending bids on interests in lands by the applicant, which lands are contiguous to the area
to be covered by the permit;
(12) the results of test boring which the applicant has made at the area to be covered by
the permit, or other equivalent information
and data in a form satisfactory to the regulatory authority, including the location of
subsurface water, and an analysis of the chemical properties including acid forming properties of the mineral and overburden: Provided,
That information which pertains only to the
analysis of the chemical and physical properties of the coal (excepting information regarding such mineral or elemental contents
which is potentially toxic in the environment)
shall be kept confidential and not made a matter of public record;
(13) a detailed description of the measures to
be taken during the mining and reclamation
process to assure the protection of:
(A) the quality of surface and ground
water systems, both on- and off-site, from
adverse effects of the mining and reclamation process;
(B) the rights of present users to such
water; and
(C) the quantity of surface and ground
water systems, both on- and off-site, from
adverse effects of the mining and reclamation process or to provide alternative
sources of water where such protection of
quantity cannot be assured;
(14) such other requirements as the regulatory authority shall prescribe by regulations.

Page 264

(b) Any information required by this section
which is not on public file pursuant to State law
shall be held in confidence by the regulatory authority.
(Pub. L. 95–87, title V, § 508, Aug. 3, 1977, 91 Stat.
478.)
§ 1259. Performance bonds
(a) Filing with regulatory authority; scope; number and amount
After a surface coal mining and reclamation
permit application has been approved but before
such a permit is issued, the applicant shall file
with the regulatory authority, on a form prescribed and furnished by the regulatory authority, a bond for performance payable, as appropriate, to the United States or to the State, and
conditional upon faithful performance of all the
requirements of this chapter and the permit.
The bond shall cover that area of land within
the permit area upon which the operator will
initiate and conduct surface coal mining and
reclamation operations within the initial term
of the permit. As succeeding increments of surface coal mining and reclamation operations are
to be initiated and conducted within the permit
area, the permittee shall file with the regulatory authority an additional bond or bonds to
cover such increments in accordance with this
section. The amount of the bond required for
each bonded area shall depend upon the reclamation requirements of the approved permit; shall
reflect the probable difficulty of reclamation
giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential, and shall be determined by
the regulatory authority. The amount of the
bond shall be sufficient to assure the completion
of the reclamation plan if the work had to be
performed by the regulatory authority in the
event of forfeiture and in no case shall the bond
for the entire area under one permit be less than
$10,000.
(b) Liability period; execution
Liability under the bond shall be for the duration of the surface coal mining and reclamation
operation and for a period coincident with operator’s responsibility for revegetation requirements in section 1265 of this title. The bond
shall be executed by the operator and a corporate surety licensed to do business in the
State where such operation is located, except
that the operator may elect to deposit cash, negotiable bonds of the United States Government
or such State, or negotiable certificates of deposit of any bank organized or transacting business in the United States. The cash deposit or
market value of such securities shall be equal to
or greater than the amount of the bond required
for the bonded area.
(c) Bond of applicant without separate surety; alternate system
The regulatory authority may accept the bond
of the applicant itself without separate surety
when the applicant demonstrates to the satisfaction of the regulatory authority the existence of a suitable agent to receive service of
process and a history of financial solvency and
continuous operation sufficient for authoriza-

Page 265

TITLE 30—MINERAL LANDS AND MINING

tion to self-insure or bond such amount or in
lieu of the establishment of a bonding program,
as set forth in this section, the Secretary may
approve as part of a State or Federal program
an alternative system that will achieve the objectives and purposes of the bonding program
pursuant to this section.
(d) Deposit of cash or securities
Cash or securities so deposited shall be deposited upon the same terms as the terms upon
which surety bonds may be deposited. Such securities shall be security for the repayment of
such negotiable certificate of deposit.
(e) Adjustments
The amount of the bond or deposit required
and the terms of each acceptance of the applicant’s bond shall be adjusted by the regulatory
authority from time to time as affected land
acreages are increased or decreased or where the
cost of future reclamation changes.
(Pub. L. 95–87, title V, § 509, Aug. 3, 1977, 91 Stat.
479.)
§ 1260. Permit approval or denial
(a) Basis for decision; notification of applicant
and local government officials; burden of
proof
Upon the basis of a complete mining application and reclamation plan or a revision or renewal thereof, as required by this chapter and
pursuant to an approved State program or Federal program under the provisions of this chapter, including public notification and an opportunity for a public hearing as required by section 1263 of this title, the regulatory authority
shall grant, require modification of, or deny the
application for a permit in a reasonable time set
by the regulatory authority and notify the applicant in writing. The applicant for a permit, or
revision of a permit, shall have the burden of establishing that his application is in compliance
with all the requirements of the applicable
State or Federal program. Within ten days after
the granting of a permit, the regulatory authority shall notify the local governmental officials
in the local political subdivision in which the
area of land to be affected is located that a permit has been issued and shall describe the location of the land.
(b) Requirements for approval
No permit or revision application shall be approved unless the application affirmatively demonstrates and the regulatory authority finds in
writing on the basis of the information set forth
in the application or from information otherwise available which will be documented in the
approval, and made available to the applicant,
that—
(1) the permit application is accurate and
complete and that all the requirements of this
chapter and the State or Federal program
have been complied with;
(2) the applicant has demonstrated that reclamation as required by this chapter and the
State or Federal program can be accomplished
under the reclamation plan contained in the
permit application;
(3) the assessment of the probable cumulative impact of all anticipated mining in the

§ 1260

area on the hydrologic balance specified in
section 1257(b) of this title has been made by
the regulatory authority and the proposed operation thereof has been designed to prevent
material damage to hydrologic balance outside permit area;
(4) the area proposed to be mined is not included within an area designated unsuitable
for surface coal mining pursuant to section
1272 of this title or is not within an area under
study for such designation in an administrative proceeding commenced pursuant to section 1272(a)(4)(D) or section 1272(c) of this title
(unless in such an area as to which an administrative proceeding has commenced pursuant
to section 1272(a)(4)(D) of this title, the operator making the permit application demonstrates that, prior to January 1, 1977, he has
made substantial legal and financial commitments in relation to the operation for which
he is applying for a permit);
(5) the proposed surface coal mining operation, if located west of the one hundredth meridian west longitude, would—
(A) not interrupt, discontinue, or preclude
farming on alluvial valley floors that are irrigated or naturally subirrigated, but, excluding undeveloped range lands which are
not significant to farming on said alluvial
valley floors and those lands as to which the
regulatory authority finds that if the farming that will be interrupted, discontinued, or
precluded is of such small acreage as to be of
negligible impact on the farm’s agricultural
production, or
(B) not materially damage the quantity or
quality of water in surface or underground
water systems that supply these valley
floors in (A) of subsection (b)(5) of this section:
Provided, That this paragraph (5) shall not affect those surface coal mining operations
which in the year preceding August 3, 1977, (I)
produced coal in commercial quantities, and
were located within or adjacent to alluvial
valley floors or (II) had obtained specific permit approval by the State regulatory authority to conduct surface coal mining operations
within said alluvial valley floors.
With respect to such surface mining operations
which would have been within the purview of the
foregoing proviso but for the fact that no coal
was so produced in commercial quantities and
no such specific permit approval was so received, the Secretary, if he determines that substantial financial and legal commitments were
made by an operator prior to January 1, 1977, in
connection with any such operation, is authorized, in accordance with such regulations as the
Secretary may prescribe, to enter into an agreement with that operator pursuant to which the
Secretary may, notwithstanding any other provision of law, lease other Federal coal deposits
to such operator in exchange for the relinquishment by such operator of his Federal lease covering coal deposits involving such mining operations, or pursuant to section 1716 of title 43,
convey to the fee holder of any such coal deposits involving such mining operations the fee
title to other available Federal coal deposits in

§ 1261

TITLE 30—MINERAL LANDS AND MINING

exchange for the fee title to such deposits so involving such mining operations. It is the policy
of the Congress that the Secretary shall develop
and carry out a coal exchange program to acquire private fee coal precluded from being
mined by the restrictions of this paragraph (5)
in exchange for Federal coal which is not so precluded. Such exchanges shall be made under section 1716 of title 43;
(6) in cases where the private mineral estate
has been severed from the private surface estate, the applicant has submitted to the regulatory authority—
(A) the written consent of the surface
owner to the extraction of coal by surface
mining methods; or
(B) a conveyance that expressly grants or
reserves the right to extract the coal by surface mining methods; or
(C) if the conveyance does not expressly
grant the right to extract coal by surface
mining methods, the surface-subsurface
legal relationship shall be determined in accordance with State law: Provided, That
nothing in this chapter shall be construed to
authorize the regulatory authority to adjudicate property rights disputes.
(c) Schedule of violations
The applicant shall file with his permit application a schedule listing any and all notices of
violations of this chapter and any law, rule, or
regulation of the United States, or of any department or agency in the United States pertaining to air or water environmental protection incurred by the applicant in connection
with any surface coal mining operation during
the three-year period prior to the date of application. The schedule shall also indicate the final
resolution of any such notice of violation. Where
the schedule or other information available to
the regulatory authority indicates that any surface coal mining operation owned or controlled
by the applicant is currently in violation of this
chapter or such other laws referred to 1 this subsection, the permit shall not be issued until the
applicant submits proof that such violation has
been corrected or is in the process of being corrected to the satisfaction of the regulatory authority, department, or agency which has jurisdiction over such violation and no permit shall
be issued to an applicant after a finding by the
regulatory authority, after opportunity for
hearing, that the applicant, or the operator
specified in the application, controls or has controlled mining operations with a demonstrated
pattern of willful violations of this chapter of
such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions
of this chapter.
(d) Prime farmland mining permit
(1) In addition to finding the application in
compliance with subsection (b) of this section, if
the area proposed to be mined contains prime
farmland pursuant to section 1257(b)(16) of this
title, the regulatory authority shall, after consultation with the Secretary of Agriculture, and
pursuant to regulations issued hereunder by the
1 So

in original. Probably should be followed by ‘‘in’’.

Page 266

Secretary of 2 Interior with the concurrence of
the Secretary of Agriculture, grant a permit to
mine on prime farmland if the regulatory authority finds in writing that the operator has
the technological capability to restore such
mined area, within a reasonable time, to equivalent or higher levels of yield as non-mined prime
farmland in the surrounding area under equivalent levels of management and can meet the soil
reconstruction standards in section 1265(b)(7) of
this title. Except for compliance with subsection
(b) of this section, the requirements of this paragraph (1) shall apply to all permits issued after
August 3, 1977.
(2) Nothing in this subsection shall apply to
any permit issued prior to August 3, 1977, or to
any revisions or renewals thereof, or to any existing surface mining operations for which a permit was issued prior to August 3, 1977.
(e) Modification of prohibition
After October 24, 1992, the prohibition of subsection (c) of this section shall not apply to a
permit application due to any violation resulting from an unanticipated event or condition at
a surface coal mining operation on lands eligible
for remining under a permit held by the person
making such application. As used in this subsection, the term ‘‘violation’’ has the same
meaning as such term has under subsection (c)
of this section.
(Pub. L. 95–87, title V, § 510, Aug. 3, 1977, 91 Stat.
480; Pub. L. 102–486, title XXV, § 2503(a), Oct. 24,
1992, 106 Stat. 3102; Pub. L. 109–432, div. C, title
II, § 208, Dec. 20, 2006, 120 Stat. 3019.)
AMENDMENTS
2006—Subsec. (e). Pub. L. 109–432 struck out at end
‘‘The authority of this subsection and section
1265(b)(20)(B) of this title shall terminate on September
30, 2004.’’
1992—Subsec. (e). Pub. L. 102–486 added subsec. (e).

§ 1261. Revision of permits
(a) Application and revised reclamation plan; requirements; extensions to area covered
(1) During the term of the permit the permittee may submit an application for a revision of
the permit, together with a revised reclamation
plan, to the regulatory authority.
(2) An application for a revision of a permit
shall not be approved unless the regulatory authority finds that reclamation as required by
this chapter and the State or Federal program
can be accomplished under the revised reclamation plan. The revision shall be approved or disapproved within a period of time established by
the State or Federal program. The regulatory
authority shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply: Provided, That
any revisions which propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the
permit except incidental boundary revisions
must be made by application for another permit.
2 So

in original. Probably should be ‘‘of the’’.

Page 267

TITLE 30—MINERAL LANDS AND MINING

(b) Transfer, assignment, or sale of rights under
permit
No transfer, assignment, or sale of the rights
granted under any permit issued pursuant to
this chapter shall be made without the written
approval of the regulatory authority.
(c) Review of outstanding permits
The regulatory authority shall within a time
limit prescribed in regulations promulgated by
the regulatory authority, review outstanding
permits and may require reasonable revision or
modification of the permit provisions during the
term of such permit: Provided, That such revision or modification shall be based upon a written finding and subject to notice and hearing requirements established by the State or Federal
program.
(Pub. L. 95–87, title V, § 511, Aug. 3, 1977, 91 Stat.
483.)
§ 1262. Coal exploration permits
(a) Regulations; contents
Each State or Federal program shall include a
requirement that coal exploration operations
which substantially disturb the natural land
surface be conducted in accordance with exploration regulations issued by the regulatory authority. Such regulations shall include, at a
minimum (1) the requirement that prior to conducting any exploration under this section, any
person must file with the regulatory authority
notice of intention to explore and such notice
shall include a description of the exploration
area and the period of supposed exploration and
(2) provisions for reclamation in accordance
with the performance standards in section 1265
of this title of all lands disturbed in exploration,
including excavations, roads, drill holes, and the
removal of necessary facilities and equipment.
(b) Confidential information
Information submitted to the regulatory authority pursuant to this subsection as confidential concerning trade secrets or privileged commercial or financial information which relates
to the competitive rights of the person or entity
intended to explore the described area shall not
be available for public examination.
(c) Penalties
Any person who conducts any coal exploration
activities which substantially disturb the natural land surface in violation of this section or
regulations issued pursuant thereto shall be subject to the provisions of section 1268 of this title.
(d) Limitation on removal of coal
No operator shall remove more than two hundred and fifty tons of coal pursuant to an exploration permit without the specific written approval of the regulatory authority.
(e) Law governing exploration of Federal lands
Coal exploration on Federal lands shall be governed by section 4 of the Federal Coal Leasing
Amendments Act of 1975 (90 Stat. 1085).
(Pub. L. 95–87, title V, § 512, Aug. 3, 1977, 91 Stat.
483.)
REFERENCES IN TEXT
Section 4 of the Federal Coal Leasing Amendments
Act of 1975 (90 Stat. 1085), referred to in subsec. (e), is

§ 1263

section 4 of Pub. L. 94–377, Aug. 4, 1976, 90 Stat. 1085, redesignated the Federal Coal Leasing Amendments Act
of 1976, which amended section 201(b) of this title.

§ 1263. Public notice and public hearings
(a) Submittal of advertisement to regulatory authority; notification of local governmental
bodies
At the time of submission of an application for
a surface coal mining and reclamation permit,
or revision of an existing permit, pursuant to
the provisions of this chapter or an approved
State program, the applicant shall submit to the
regulatory authority a copy of his advertisement of the ownership, precise location, and
boundaries of the land to be affected. At the
time of submission such advertisement shall be
placed by the applicant in a local newspaper of
general circulation in the locality of the proposed surface mine at least once a week for four
consecutive weeks. The regulatory authority
shall notify various local governmental bodies,
planning agencies, and sewage and water treatment authorities, of 1 water companies in the locality in which the proposed surface mining will
take place, notifying them of the operator’s intention to surface mine a particularly described
tract of land and indicating the application’s
permit number and where a copy of the proposed
mining and reclamation plan may be inspected.
These local bodies, agencies, authorities, or
companies may submit written comments within a reasonable period established by the regulatory authority on the mining applications
with respect to the effect of the proposed operation on the environment which are within their
area of responsibility. Such comments shall immediately be transmitted to the applicant by
the regulatory authority and shall be made
available to the public at the same locations as
are the mining applications.
(b) Objections to permit applications; informal
conference; record
Any person having an interest which is or may
be adversely affected or the officer or head of
any Federal, State, or local governmental agency or authority shall have the right to file written objections to the proposed initial or revised
application for a permit for surface coal mining
and reclamation operation with the regulatory
authority within thirty days after the last publication of the above notice. Such objections
shall immediately be transmitted to the applicant by the regulatory authority and shall be
made available to the public. If written objections are filed and an informal conference requested, the regulatory authority shall then
hold an informal conference in the locality of
the proposed mining, if requested within a reasonable time of the receipt of such objections or
request. The date, time and location of such informal conference shall be advertised by the regulatory authority in a newspaper of general circulation in the locality at least two weeks prior
to the scheduled conference date. The regulatory authority may arrange with the applicant
upon request by any party to the administrative
proceeding access to the proposed mining area
1 So

in original. Probably should be ‘‘or’’.

§ 1264

TITLE 30—MINERAL LANDS AND MINING

for the purpose of gathering information relevant to the proceeding. An electronic or stenographic record shall be made of the conference
proceeding, unless waived by all parties. Such
record shall be maintained and shall be accessible to the parties until final release of the applicant’s performance bond. In the event all parties requesting the informal conference stipulate agreement prior to the requested informal
conference and withdraw their request, such informal conference need not be held.
(c) Prior Federal coal lease hearing as evidence
Where the lands included in an application for
a permit are the subject of a Federal coal lease
in connection with which hearings were held and
determinations were made under section
201(a)(3)(A), (B) and (C) of this title, such hearings shall be deemed as to the matters covered
to satisfy the requirements of this section and
section 1264 of this title and such determinations shall be deemed to be a part of the record
and conclusive for purposes of sections 1260, 1264
of this title and this section.
(Pub. L. 95–87, title V, § 513, Aug. 3, 1977, 91 Stat.
484.)
§ 1264. Decisions of regulatory authority and appeals
(a) Issuance of findings within 60 days after informal conference
If an informal conference has been held pursuant to section 1263(b) of this title, the regulatory
authority shall issue and furnish the applicant
for a permit and persons who are parties to the
administrative proceedings with the written
finding of the regulatory authority, granting or
denying the permit in whole or in part and stating the reasons therefor, within the sixty days
of said hearings.
(b) Decision without informal conference; notification within a reasonable time
If there has been no informal conference held
pursuant to section 1263(b) of this title, the regulatory authority shall notify the applicant for
a permit within a reasonable time as determined
by the regulatory authority and set forth in regulations, taking into account the time needed
for proper investigation of the site, the complexity of the permit application, and whether or
not written objection to the application has
been filed, whether the application has been approved or disapproved in whole or part.
(c) Request for rehearing on reasons for final determination; time; issuance of decision
If the application is approved, the permit shall
be issued. If the application is disapproved, specific reasons therefor must be set forth in the
notification. Within thirty days after the applicant is notified of the final decision of the regulatory authority on the permit application, the
applicant or any person with an interest which
is or may be adversely affected may request a
hearing on the reasons for the final determination. The regulatory authority shall hold a hearing within thirty days of such request and provide notification to all interested parties at the
time that the applicant is so notified. If the Secretary is the regulatory authority the hearing

Page 268

shall be of record and governed by section 554 of
title 5. Where the regulatory authority is the
State, such hearing shall be of record, adjudicatory in nature and no person who presided at a
conference under section 1263(b) of this title
shall either preside at the hearing or participate
in this decision thereon or in any administrative
appeal therefrom. Within thirty days after the
hearing the regulatory authority shall issue and
furnish the applicant, and all persons who participated in the hearing, with the written decision of the regulatory authority granting or denying the permit in whole or in part and stating
the reasons therefor.
(d) Temporary relief
Where a hearing is requested pursuant to subsection (c) of this section, the Secretary, where
the Secretary is the regulatory authority, or the
State hearing authority may, under such conditions as it may prescribe, grant such temporary
relief as it deems appropriate pending final determination of the proceedings if—
(1) all parties to the proceedings have been
notified and given an opportunity to be heard
on a request for temporary relief;
(2) the person requesting such relief shows
that there is a substantial likelihood that he
will prevail on the merits of the final determination of the proceeding; and
(3) such relief will not adversely affect the
public health or safety or cause significant imminent environmental harm to land, air, or
water resources.
(e) Power of regulatory authority with respect to
rehearing
For the purpose of such hearing, the regulatory authority may administer oaths, subpoena witnesses, or written or printed materials, compel attendance of the witness, or production of the materials, and take evidence including but not limited to site inspections of the
land to be affected and other surface coal mining operations carried on by the applicant in the
general vicinity of the proposed operation. A
verbatim record of each public hearing required
by this chapter shall be made, and a transcript
made available on the motion of any party or by
order of the regulatory authority.
(f) Right to appeal in accordance with section
1276 of this title
Any applicant or any person with an interest
which is or may be adversely affected who has
participated in the administrative proceedings
as an objector, and who is aggrieved by the decision of the regulatory authority, or if the regulatory authority fails to act within the time
limits specified in this chapter shall have the
right to appeal in accordance with section 1276
of this title.
(Pub. L. 95–87, title V, § 514, Aug. 3, 1977, 91 Stat.
485.)
§ 1265. Environmental protection performance
standards
(a) Permit requirement
Any permit issued under any approved State
or Federal program pursuant to this chapter to
conduct surface coal mining operations shall re-

Page 269

TITLE 30—MINERAL LANDS AND MINING

quire that such surface coal mining operations
will meet all applicable performance standards
of this chapter, and such other requirements as
the regulatory authority shall promulgate.
(b) General standards
General performance standards shall be applicable to all surface coal mining and reclamation
operations and shall require the operation as a
minimum to—
(1) conduct surface coal mining operations
so as to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future through surface coal mining can be minimized;
(2) restore the land affected to a condition
capable of supporting the uses which it was capable of supporting prior to any mining, or
higher or better uses of which there is reasonable likelihood, so long as such use or uses do
not present any actual or probable hazard to
public health or safety or pose any actual or
probable threat of water diminution or pollution, and the permit applicants’ declared proposed land use following reclamation is not
deemed to be impractical or unreasonable, inconsistent with applicable land use policies
and plans, involves unreasonable delay in implementation, or is violative of Federal, State,
or local law;
(3) except as provided in subsection (c) of
this section with respect to all surface coal
mining operations backfill, compact (where
advisable to insure stability or to prevent
leaching of toxic materials), and grade in
order to restore the approximate original contour of the land with all highwalls, spoil piles,
and depressions eliminated (unless small depressions are needed in order to retain moisture to assist revegetation or as otherwise authorized pursuant to this chapter): Provided,
however, That in surface coal mining which is
carried out at the same location over a substantial period of time where the operation
transects the coal deposit, and the thickness
of the coal deposits relative to the volume of
the overburden is large and where the operator
demonstrates that the overburden and other
spoil and waste materials at a particular point
in the permit area or otherwise available from
the entire permit area is insufficient, giving
due consideration to volumetric expansion, to
restore the approximate original contour, the
operator, at a minimum, shall backfill, grade,
and compact (where advisable) using all available overburden and other spoil and waste materials to attain the lowest practicable grade
but not more than the angle of repose, to provide adequate drainage and to cover all acidforming and other toxic materials, in order to
achieve an ecologically sound land use compatible with the surrounding region: And provided further, That in surface coal mining
where the volume of overburden is large relative to the thickness of the coal deposit and
where the operator demonstrates that due to
volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is
more than sufficient to restore the approxi-

§ 1265

mate original contour, the operator shall after
restoring the approximate contour, backfill,
grade, and compact (where advisable) the excess overburden and other spoil and waste materials to attain the lowest grade but not more
than the angle of repose, and to cover all acidforming and other toxic materials, in order to
achieve an ecologically sound land use compatible with the surrounding region and that
such overburden or spoil shall be shaped and
graded in such a way as to prevent slides, erosion, and water pollution and is revegetated in
accordance with the requirements of this
chapter;
(4) stabilize and protect all surface areas including spoil piles affected by the surface coal
mining and reclamation operation to effectively control erosion and attendant air and
water pollution;
(5) remove the topsoil from the land in a separate layer, replace it on the backfill area, or
if not utilized immediately, segregate it in a
separate pile from other spoil and when the
topsoil is not replaced on a backfill area within a time short enough to avoid deterioration
of the topsoil, maintain a successful cover by
quick growing plant or other means thereafter
so that the topsoil is preserved from wind and
water erosion, remains free of any contamination by other acid or toxic material, and is in
a usable condition for sustaining vegetation
when restored during reclamation, except if
topsoil is of insufficient quantity or of poor
quality for sustaining vegetation, or if other
strata can be shown to be more suitable for
vegetation requirements, then the operator
shall remove, segregate, and preserve in a like
manner such other strata which is best able to
support vegetation;
(6) restore the topsoil or the best available
subsoil which is best able to support vegetation;
(7) for all prime farm lands as identified in
section 1257(b)(16) of this title to be mined and
reclaimed, specifications for soil removal,
storage, replacement, and reconstruction shall
be established by the Secretary of Agriculture,
and the operator shall, as a minimum, be required to—
(A) segregate the A horizon of the natural
soil, except where it can be shown that other
available soil materials will create a final
soil having a greater productive capacity;
and if not utilized immediately, stockpile
this material separately from other spoil,
and provide needed protection from wind and
water erosion or contamination by other
acid or toxic material;
(B) segregate the B horizon of the natural
soil, or underlying C horizons or other strata, or a combination of such horizons or
other strata that are shown to be both texturally and chemically suitable for plant
growth and that can be shown to be equally
or more favorable for plant growth than the
B horizon, in sufficient quantities to create
in the regraded final soil a root zone of comparable depth and quality to that which existed in the natural soil; and if not utilized
immediately, stockpile this material separately from other spoil, and provide needed

§ 1265

TITLE 30—MINERAL LANDS AND MINING

protection from wind and water erosion or
contamination by other acid or toxic material;
(C) replace and regrade the root zone material described in (B) above with proper
compaction and uniform depth over the regraded spoil material; and
(D) redistribute and grade in a uniform
manner the surface soil horizon described in
subparagraph (A);
(8) create, if authorized in the approved mining and reclamation plan and permit, permanent impoundments of water on mining sites
as part of reclamation activities only when it
is adequately demonstrated that—
(A) the size of the impoundment is adequate for its intended purposes;
(B) the impoundment dam construction
will be so designed as to achieve necessary
stability with an adequate margin of safety
compatible with that of structures constructed under Public Law 83–566 (16 U.S.C.
1006);
(C) the quality of impounded water will be
suitable on a permanent basis for its intended use and that discharges from the impoundment will not degrade the water quality below water quality standards established pursuant to applicable Federal and
State law in the receiving stream;
(D) the level of water will be reasonably
stable;
(E) final grading will provide adequate
safety and access for proposed water users;
and
(F) such water impoundments will not result in the diminution of the quality or
quantity of water utilized by adjacent or
surrounding landowners for agricultural, industrial 1 recreational, or domestic uses;
(9) conducting 2 any augering operation associated with surface mining in a manner to
maximize recoverability of mineral reserves
remaining after the operation and reclamation
are complete; and seal all auger holes with an
impervious and noncombustible material in
order to prevent drainage except where the
regulatory authority determines that the resulting impoundment of water in such auger
holes may create a hazard to the environment
or the public health or safety: Provided, That
the permitting authority may prohibit augering if necessary to maximize the utilization,
recoverability or conservation of the solid fuel
resources or to protect against adverse water
quality impacts;
(10) minimize the disturbances to the prevailing hydrologic balance at the mine-site
and in associated offsite areas and to the quality and quantity of water in surface and
ground water systems both during and after
surface coal mining operations and during reclamation by—
(A) avoiding acid or other toxic mine
drainage by such measures as, but not limited to—
(i) preventing or removing water from
contact with toxic producing deposits;
1 So
2 So

in original. Probably should be followed by a comma.
in original. Probably should be ‘‘conduct’’.

Page 270

(ii) treating drainage to reduce toxic
content which adversely affects downstream water upon being released to water
courses;
(iii) casing, sealing, or otherwise managing boreholes, shafts, and wells and keep 3
acid or other toxic drainage from entering
ground and surface waters;
(B)(i) conducting surface coal mining operations so as to prevent, to the extent possible using the best technology currently
available, additional contributions of suspended solids to streamflow, or runoff outside the permit area, but in no event shall
contributions be in excess of requirements
set by applicable State or Federal law;
(ii) constructing any siltation structures
pursuant to subparagraph (B)(i) of this subsection prior to commencement of surface
coal mining operations, such structures to
be certified by a qualified registered engineer or a qualified registered professional
land surveyor in any State which authorizes
land surveyors to prepare and certify such
maps or plans to be constructed as designed
and as approved in the reclamation plan;
(C) cleaning out and removing temporary
or large settling ponds or other siltation
structures from drainways after disturbed
areas are revegetated and stabilized; and depositing the silt and debris at a site and in
a manner approved by the regulatory authority;
(D) restoring recharge capacity of the
mined area to approximate premining conditions;
(E) avoiding channel deepening or enlargement in operations requiring the discharge
of water from mines;
(F) preserving throughout the mining and
reclamation process the essential hydrologic
functions of alluvial valley floors in the arid
and semiarid areas of the country; and
(G) such other actions as the regulatory
authority may prescribe;
(11) with respect to surface disposal of mine
wastes, tailings, coal processing wastes, and
other wastes in areas other than the mine
working or excavations, stabilize all waste
piles in designated areas through construction
in compacted layers including the use of incombustible and impervious materials if necessary and assure the final contour of the
waste pile will be compatible with natural surroundings and that the site can and will be
stabilized and revegetated according to the
provisions of this chapter;
(12) refrain from surface coal mining within
five hundred feet from active and abandoned
underground mines in order to prevent breakthroughs and to protect health or safety of
miners: Provided, That the regulatory authority shall permit an operator to mine near,
through or partially through an abandoned underground mine or closer to an active underground mine if (A) the nature, timing, and sequencing of the approximate coincidence of
specific surface mine activities with specific
3 So

in original. Probably should be ‘‘keeping’’.

Page 271

TITLE 30—MINERAL LANDS AND MINING

underground mine activities are jointly approved by the regulatory authorities concerned with surface mine regulation and the
health and safety of underground miners, and
(B) such operations will result in improved resource recovery, abatement of water pollution,
or elimination of hazards to the health and
safety of the public;
(13) design, locate, construct, operate, maintain, enlarge, modify, and remove or abandon,
in accordance with the standards and criteria
developed pursuant to subsection (f) of this
section, all existing and new coal mine waste
piles consisting of mine wastes, tailings, coal
processing wastes, or other liquid and solid
wastes, and used either temporarily or permanently as dams or embankments;
(14) insure that all debris, acid-forming materials, toxic materials, or materials constituting a fire hazard are treated or buried
and compacted or otherwise disposed of in a
manner designed to prevent contamination of
ground or surface waters and that contingency
plans are developed to prevent sustained combustion;
(15) insure that explosives are used only in
accordance with existing State and Federal
law and the regulations promulgated by the
regulatory authority, which shall include provisions to—
(A) provide adequate advance written notice to local governments and residents who
might be affected by the use of such explosives by publication of the planned blasting
schedule in a newspaper of general circulation in the locality and by mailing a copy of
the proposed blasting schedule to every resident living within one-half mile of the proposed blasting site and by providing daily
notice to resident/occupiers in such areas
prior to any blasting;
(B) maintain for a period of at least three
years and make available for public inspection upon request a log detailing the location of the blasts, the pattern and depth of
the drill holes, the amount of explosives
used per hole, and the order and length of
delay in the blasts;
(C) limit the type of explosives and detonating equipment, the size, the timing and
frequency of blasts based upon the physical
conditions of the site so as to prevent (i) injury to persons, (ii) damage to public and
private property outside the permit area,
(iii) adverse impacts on any underground
mine, and (iv) change in the course, channel,
or availability of ground or surface water
outside the permit area;
(D) require that all blasting operations be
conducted by trained and competent persons
as certified by the regulatory authority;
(E) provide that upon the request of a resident or owner of a man-made dwelling or
structure within one-half mile of any portion of the permitted area the applicant or
permittee shall conduct a pre-blasting survey of such structures and submit the survey
to the regulatory authority and a copy to
the resident or owner making the request.
The area of the survey shall be decided by
the regulatory authority and shall include

§ 1265

such provisions as the Secretary shall promulgate.4
(16) insure that all reclamation efforts proceed in an environmentally sound manner and
as contemporaneously as practicable with the
surface coal mining operations: Provided, however, That where the applicant proposes to
combine surface mining operations with underground mining operations to assure maximum practical recovery of the mineral resources, the regulatory authority may grant a
variance for specific areas within the reclamation plan from the requirement that reclamation efforts proceed as contemporaneously as
practicable to permit underground mining operations prior to reclamation:
(A) if the regulatory authority finds in
writing that:
(i) the applicant has presented, as part of
the permit application, specific, feasible
plans for the proposed underground mining
operations;
(ii) the proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the
mineral resource and will avoid multiple
disturbance of the surface;
(iii) the applicant has satisfactorily demonstrated that the plan for the underground mining operations conforms to requirements for underground mining in the
jurisdiction and that permits necessary for
the underground mining operations have
been issued by the appropriate authority;
(iv) the areas proposed for the variance
have been shown by the applicant to be
necessary for the implementing of the proposed underground mining operations;
(v) no substantial adverse environmental
damage, either on-site or off-site, will result from the delay in completion of reclamation as required by this chapter;
(vi) provisions for the off-site storage of
spoil will comply with paragraph (22);
(B) if the Secretary has promulgated specific regulations to govern the granting of
such variances in accordance with the provisions of this subsection and section 1251 of
this title, and has imposed such additional
requirements as he deems necessary;
(C) if variances granted under the provisions of this subsection are to be reviewed by
the regulatory authority not more than
three years from the date of issuance of the
permit; and
(D) if liability under the bond filed by the
applicant with the regulatory authority pursuant to section 1259(b) of this title shall be
for the duration of the underground mining
operations and until the requirements of
this subsection and section 1269 of this title
have been fully complied with.4
(17) insure that the construction, maintenance, and postmining conditions of access
roads into and across the site of operations
will control or prevent erosion and siltation,
pollution of water, damage to fish or wildlife
or their habitat, or public or private property;
4 So

in original. The period probably should be a semicolon.

§ 1265

TITLE 30—MINERAL LANDS AND MINING

(18) refrain from the construction of roads or
other access ways up a stream bed or drainage
channel or in such proximity to such channel
so as to seriously alter the normal flow of
water;
(19) establish on the regraded areas, and all
other lands affected, a diverse, effective, and
permanent vegetative cover of the same seasonal variety native to the area of land to be
affected and capable of self-regeneration and
plant succession at least equal in extent of
cover to the natural vegetation of the area;
except, that introduced species may be used in
the revegetation process where desirable and
necessary to achieve the approved postmining
land use plan;
(20)(A) assume the responsibility for successful revegetation, as required by paragraph (19)
above, for a period of five full years after the
last year of augmented seeding, fertilizing, irrigation, or other work in order to assure compliance with paragraph (19) above, except in
those areas or regions of the country where
the annual average precipitation is twenty-six
inches or less, then the operator’s assumption
of responsibility and liability will extend for a
period of ten full years after the last year of
augmented seeding, fertilizing, irrigation, or
other work: Provided, That when the regulatory authority approves a long-term intensive agricultural postmining land use, the applicable five- or ten-year period of responsibility for revegetation shall commence at the
date of initial planting for such long-term intensive agricultural postmining land use: Provided further, That when the regulatory authority issues a written finding approving a
long-term, intensive, agricultural postmining
land use as part of the mining and reclamation
plan, the authority may grant exception to
the provisions of paragraph (19) above;
(B) on lands eligible for remining assume the
responsibility for successful revegetation for a
period of two full years after the last year of
augmented seeding, fertilizing, irrigation, or
other work in order to assure compliance with
the applicable standards, except in those areas
or regions of the country where the annual average precipitation is twenty-six inches or
less, then the operator’s assumption of responsibility and liability will be extended for a period of five full years after the last year of
augmented seeding, fertilizing, irrigation, or
other work in order to assure compliance with
the applicable standards.4
(21) protect offsite areas from slides or damage occurring during the surface coal mining
and reclamation operations, and not deposit
spoil material or locate any part of the operations or waste accumulations outside the permit area;
(22) place all excess spoil material resulting
from coal surface mining and reclamation activities in such a manner that—
(A) spoil is transported and placed in a
controlled manner in position for concurrent
compaction and in such a way to assure
mass stability and to prevent mass movement;
(B) the areas of disposal are within the
bonded permit areas and all organic matter

Page 272

shall be removed immediately prior to spoil
placement;
(C) appropriate surface and internal drainage systems and diversion ditches are used
so as to prevent spoil erosion and movement;
(D) the disposal area does not contain
springs, natural water courses or wet weather seeps unless lateral drains are constructed from the wet areas to the main
underdrains in such a manner that filtration
of the water into the spoil pile will be prevented;
(E) if placed on a slope, the spoil is placed
upon the most moderate slope among those
upon which, in the judgment of the regulatory authority, the spoil could be placed in
compliance with all the requirements of this
chapter, and shall be placed, where possible,
upon, or above, a natural terrace, bench, or
berm, if such placement provides additional
stability and prevents mass movement;
(F) where the toe of the spoil rests on a
downslope, a rock toe buttress, of sufficient
size to prevent mass movement, is constructed;
(G) the final configuration is compatible
with the natural drainage pattern and surroundings and suitable for intended uses;
(H) design of the spoil disposal area is certified by a qualified registered professional
engineer in conformance with professional
standards; and
(I) all other provisions of this chapter are
met.4
(23) meet such other criteria as are necessary to achieve reclamation in accordance
with the purposes of this chapter, taking into
consideration the physical, climatological,
and other characteristics of the site; and 5
(24) to the extent possible using the best
technology currently available, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of
such resources where practicable;
(25) provide for an undisturbed natural barrier beginning at the elevation of the lowest
coal seam to be mined and extending from the
outslope for such distance as the regulatory
authority shall determine shall be retained in
place as a barrier to slides and erosion.
(c) Procedures; exception to original contour restoration requirements
(1) Each State program may and each Federal
program shall include procedures pursuant to
which the regulatory authority may permit surface mining operations for the purposes set forth
in paragraph (3) of this subsection.
(2) Where an applicant meets the requirements
of paragraphs (3) and (4) of this subsection a permit without regard to the requirement to restore to approximate original contour set forth
in subsection (b)(3) or (d)(2) and (3) of this section may be granted for the surface mining of
coal where the mining operation will remove an
entire coal seam or seams running through the
upper fraction of a mountain, ridge, or hill (ex5 So in original. The word ‘‘and’’ probably should appear at end
of par. (24).

Page 273

TITLE 30—MINERAL LANDS AND MINING

cept as provided in subsection (c)(4)(A) hereof)
by removing all of the overburden and creating
a level plateau or a gently rolling contour with
no highwalls remaining, and capable of supporting postmining uses in accord with the requirements of this subsection.
(3) In cases where an industrial, commercial,
agricultural, residential or public facility (including recreational facilities) use is proposed
or 6 the postmining use of the affected land, the
regulatory authority may grant a permit for a
surface mining operation of the nature described
in subsection (c)(2) of this section where—
(A) after consultation with the appropriate
land use planning agencies, if any, the proposed postmining land use is deemed to constitute an equal or better economic or public
use of the affected land, as compared with premining use;
(B) the applicant presents specific plans for
the proposed postmining land use and appropriate assurances that such use will be—
(i) compatible with adjacent land uses;
(ii) obtainable according to data regarding
expected need and market;
(iii) assured of investment in necessary
public facilities;
(iv) supported by commitments from public agencies where appropriate;
(v) practicable with respect to private financial capability for completion of the proposed use;
(vi) planned pursuant to a schedule attached to the reclamation plan so as to integrate the mining operation and reclamation
with the postmining land use; and
(vii) designed by a registered engineer in
conformance with professional standards established to assure the stability, drainage,
and configuration necessary for the intended
use of the site;
(C) the proposed use would be consistent
with adjacent land uses, and existing State
and local land use plans and programs;
(D) the regulatory authority provides the
governing body of the unit of general-purpose
government in which the land is located and
any State or Federal agency which the regulatory agency, in its discretion, determines to
have an interest in the proposed use, an opportunity of not more than sixty days to review
and comment on the proposed use;
(E) all other requirements of this chapter
will be met.
(4) In granting any permit pursuant to this
subsection the regulatory authority shall require that—
(A) the toe of the lowest coal seam and the
overburden associated with it are retained in
place as a barrier to slides and erosion;
(B) the reclaimed area is stable;
(C) the resulting plateau or rolling contour
drains inward from the outslopes except at
specified points;
(D) no damage will be done to natural watercourses;
(E) spoil will be placed on the mountaintop
bench as is necessary to achieve the planned
6 So

in original. Probably should be ‘‘for’’.

§ 1265

postmining land use: Provided, That all excess
spoil material not retained on the mountaintop shall be placed in accordance with the provisions of subsection (b)(22) of this section;
(F) insure stability of the spoil retained on
the mountaintop and meet the other requirements of this chapter; 7
(5) The regulatory authority shall promulgate
specific regulations to govern the granting of
permits in accord with the provisions of this
subsection, and may impose such additional requirements as he deems to be necessary.
(6) All permits granted under the provisions of
this subsection shall be reviewed not more than
three years from the date of issuance of the permit, unless the applicant affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the approved schedule and reclamation plan.
(d) Steep-slope surface coal mining standards
The following performance standards shall be
applicable to steep-slope surface coal mining
and shall be in addition to those general performance standards required by this section:
Provided, however, That the provisions of this
subsection (d) shall not apply to those situations
in which an operator is mining on flat or gently
rolling terrain, on which an occasional steep
slope is encountered through which the mining
operation is to proceed, leaving a plain or predominantly flat area or where an operator is in
compliance with provisions of subsection (c)
hereof:
(1) Insure that when performing surface coal
mining on steep slopes, no debris, abandoned or
disabled equipment, spoil material, or waste
mineral matter be placed on the downslope
below the bench or mining cut: Provided, That
spoil material in excess of that required for the
reconstruction of the approximate original contour under the provisions of subsection (b)(3) or
(d)(2) of this section shall be permanently stored
pursuant to subsection (b)(22) of this section.
(2) Complete backfilling with spoil material
shall be required to cover completely the highwall and return the site to the appropriate original contour, which material will maintain stability following mining and reclamation.
(3) The operator may not disturb land above
the top of the highwall unless the regulatory authority finds that such disturbance will facilitate compliance with the environmental protection standards of this section: Provided, however,
That the land disturbed above the highwall shall
be limited to that amount necessary to facilitate said compliance.
(4) For the purposes of this subsection (d), the
term ‘‘steep slope’’ is any slope above twenty degrees or such lesser slope as may be defined by
the regulatory authority after consideration of
soil, climate, and other characteristics of a region or State.
(e) Variances to original contour restoration requirements
(1) Each State program may and each Federal
program shall include procedures pursuant to
which the regulatory authority may permit
7 So

in original. The semicolon probably should be a period.

§ 1266

TITLE 30—MINERAL LANDS AND MINING

variances for the purposes set forth in paragraph
(3) of this subsection, provided that the watershed control of the area is improved; and further
provided complete backfilling with spoil material shall be required to cover completely the
highwall which material will maintain stability
following mining and reclamation.
(2) Where an applicant meets the requirements
of paragraphs (3) and (4) of this subsection a
variance from the requirement to restore to approximate original contour set forth in subsection (d)(2) of this section may be granted for
the surface mining of coal where the owner of
the surface knowingly requests in writing, as a
part of the permit application that such a variance be granted so as to render the land, after
reclamation, suitable for an industrial, commercial, residential, or public use (including recreational facilities) in accord with the further
provisions of (3) and (4) of this subsection.
(3)(A) After consultation with the appropriate
land use planning agencies, if any, the potential
use of the affected land is deemed to constitute
an equal or better economic or public use;
(B) is designed and certified by a qualified registered professional engineer in conformance
with professional standards established to assure the stability, drainage, and configuration
necessary for the intended use of the site; and
(C) after approval of the appropriate State environmental agencies, the watershed of the affected land is deemed to be improved.
(4) In granting a variance pursuant to this subsection the regulatory authority shall require
that only such amount of spoil will be placed off
the mine bench as is necessary to achieve the
planned postmining land use, insure stability of
the spoil retained on the bench, meet all other
requirements of this chapter, and all spoil placement off the mine bench must comply with subsection (b)(22) of this section.
(5) The regulatory authority shall promulgate
specific regulations to govern the granting of
variances in accord with the provisions of this
subsection, and may impose such additional requirements as he deems to be necessary.
(6) All exceptions granted under the provisions
of this subsection shall be reviewed not more
than three years from the date of issuance of the
permit, unless the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the reclamation plan.
(f) Standards and criteria for coal mine waste
piles
The Secretary, with the written concurrence
of the Chief of Engineers, shall establish within
one hundred and thirty-five days from August 3,
1977, standards and criteria regulating the design, location, construction, operation, maintenance, enlargement, modification, removal, and
abandonment of new and existing coal mine
waste piles referred to in subsection (b)(13) of
this section and section 1266(b)(5) of this title.
Such standards and criteria shall conform to the
standards and criteria used by the Chief of Engineers to insure that flood control structures are
safe and effectively perform their intended function. In addition to engineering and other technical specifications the standards and criteria

Page 274

developed pursuant to this subsection must include provisions for: review and approval of
plans and specifications prior to construction,
enlargement, modification, removal, or abandonment; performance of periodic inspections
during construction; issuance of certificates of
approval upon completion of construction; performance of periodic safety inspections; and issuance of notices for required remedial or maintenance work.
(Pub. L. 95–87, title V, § 515, Aug. 3, 1977, 91 Stat.
486; Pub. L. 99–500, § 101(h) [title I, § 123], Oct. 18,
1986, 100 Stat. 1783–242, 1783–267, and Pub. L.
99–591, § 101(h) [title I, § 123], Oct. 30, 1986, 100
Stat. 3341–242, 3341–267; Pub. L. 102–486, title
XXV, § 2503(b), Oct. 24, 1992, 106 Stat. 3102.)
REFERENCES IN TEXT
Public Law 83–566, referred to in subsec. (b)(8)(B), is
act Aug. 4, 1954, ch. 656, 68 Stat. 666, as amended, known
as the Watershed Protection and Flood Prevention Act,
which is classified generally to chapter 18 (§ 1001 et seq.)
of Title 16, Conservation. For complete classification of
this Act to the Code, see Short Title note set out under
section 1001 of Title 16 and Tables.
CODIFICATION
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
AMENDMENTS
1992—Subsec. (b)(20). Pub. L. 102–486 designated existing provisions as subpar. (A) and added subpar. (B).
1986—Subsec. (b)(10)(B)(ii). Pub. L. 99–500 and Pub. L.
99–591 inserted ‘‘or a qualified registered professional
land surveyor in any State which authorizes land surveyors to prepare and certify such maps or plans’’.

§ 1266. Surface effects of underground coal mining operations
(a) Rules and regulations
The Secretary shall promulgate rules and regulations directed toward the surface effects of
underground coal mining operations, embodying
the following requirements and in accordance
with the procedures established under section
1251 of this title: Provided, however, That in
adopting any rules and regulations the Secretary shall consider the distinct difference between surface coal mining and underground coal
mining. Such rules and regulations shall not
conflict with nor supersede any provision of the
Federal Coal Mine Health and Safety Act of 1969
[30 U.S.C. 801 et seq.] nor any regulation issued
pursuant thereto, and shall not be promulgated
until the Secretary has obtained the written
concurrence of the head of the department
which administers such Act.
(b) Permit requirements
Each permit issued under any approved State
or Federal program pursuant to this chapter and
relating to underground coal mining shall require the operator to—
(1) adopt measures consistent with known
technology in order to prevent subsidence
causing material damage to the extent technologically and economically feasible, maximize
mine stability, and maintain the value and
reasonably foreseeable use of such surface
lands, except in those instances where the
mining technology used requires planned subsidence in a predictable and controlled man-

Page 275

TITLE 30—MINERAL LANDS AND MINING

ner: Provided, That nothing in this subsection
shall be construed to prohibit the standard
method of room and pillar mining;
(2) seal all portals, entryways, drifts, shafts,
or other openings between the surface and underground mine working when no longer needed for the conduct of the mining operations;
(3) fill or seal exploratory holes no longer
necessary for mining, maximizing to the extent technologically and economically feasible
return of mine and processing waste, tailings,
and any other waste incident to the mining
operation, to the mine workings or excavations;
(4) with respect to surface disposal of mine
wastes, tailings, coal processing wastes, and
other wastes in areas other than the mine
workings or excavations, stabilize all waste
piles created by the permittee from current
operations through construction in compacted
layers including the use of incombustible and
impervious materials if necessary and assure
that the leachate will not degrade below water
quality standards established pursuant to applicable Federal and State law surface or
ground waters and that the final contour of
the waste accumulation will be compatible
with natural surroundings and that the site is
stabilized and revegetated according to the
provisions of this section;
(5) design, locate, construct, operate, maintain, enlarge, modify, and remove, or abandon,
in accordance with the standards and criteria
developed pursuant to section 1265(f) of this
title, all existing and new coal mine waste
piles consisting of mine wastes, tailings, coal
processing wastes, or other liquid and solid
wastes and used either temporarily or permanently as dams or embankments;
(6) establish on regraded areas and all other
lands affected, a diverse and permanent vegetative cover capable of self-regeneration and
plant succession and at least equal in extent
of cover to the natural vegetation of the area;
(7) protect offsite areas from damages which
may result from such mining operations;
(8) eliminate fire hazards and otherwise
eliminate conditions which constitute a hazard to health and safety of the public;
(9) minimize the disturbances of the prevailing hydrologic balance at the minesite and in
associated offsite areas and to the quantity of
water in surface ground water systems both
during and after coal mining operations and
during reclamation by—
(A) avoiding acid or other toxic mine
drainage by such measures as, but not limited to—
(i) preventing or removing water from
contact with toxic producing deposits;
(ii) treating drainage to reduce toxic
content which adversely affects downstream water upon being released to water
courses;
(iii) casing, sealing, or otherwise managing boreholes, shafts, and wells to keep
acid or other toxic drainage from entering
ground and surface waters; and
(B) conducting surface coal mining operations so as to prevent, to the extent possible using the best technology currently

§ 1266

available, additional contributions of suspended solids to streamflow or runoff outside the permit area (but in no event shall
such contributions be in excess of requirements set by applicable State or Federal
law), and avoiding channel deepening or enlargement in operations requiring the discharge of water from mines;
(10) with respect to other surface impacts
not specified in this subsection including the
construction of new roads or the improvement
or use of existing roads to gain access to the
site of such activities and for haulage, repair
areas, storage areas, processing areas, shipping areas, and other areas upon which are
sited structures, facilities, or other property
or materials on the surface, resulting from or
incident to such activities, operate in accordance with the standards established under section 1265 of this title for such effects which result from surface coal mining operations: Provided, That the Secretary shall make such
modifications in the requirements imposed by
this paragraph as are necessary to accommodate the distinct difference between surface
and underground coal mining;
(11) to the extent possible using the best
technology currently available, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of
such resources where practicable;
(12) locate openings for all new drift mines
working acid-producing or iron-producing coal
seams in such a manner as to prevent a gravity discharge of water from the mine.
(c) Suspension of underground coal mining operations in urbanized areas
In order to protect the stability of the land,
the regulatory authority shall suspend underground coal mining under urbanized areas, cities, towns, and communities and adjacent to industrial or commercial buildings, major impoundments, or permanent streams if he finds
imminent danger to inhabitants of the urbanized areas, cities, towns, and communities.
(d) Applicability of this subchapter to surface operations and surface impacts incident to underground coal mining operations
The provisions of this subchapter relating to
State and Federal programs, permits, bonds, inspections and enforcement, public review, and
administrative and judicial review shall be applicable to surface operations and surface impacts incident to an underground coal mine with
such modifications to the permit application requirements, permit approval or denial procedures, and bond requirements as are necessary
to accommodate the distinct difference between
surface and underground coal mining. The Secretary shall promulgate such modifications in
accordance with the rulemaking procedure established in section 1251 of this title.
(Pub. L. 95–87, title V, § 516, Aug. 3, 1977, 91 Stat.
495.)
REFERENCES IN TEXT
The Federal Coal Mine Health and Safety Act of 1969,
referred to in subsec. (a), is Pub. L. 91–173, Dec. 30, 1969,

§ 1267

TITLE 30—MINERAL LANDS AND MINING

83 Stat. 742, as amended, which was redesignated the
Federal Mine Safety and Health Act of 1977 by Pub. L.
95–164, title I, § 101, Nov. 9, 1977, 91 Stat. 1290, and is
classified principally to chapter 22 (§ 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.

§ 1267. Inspections and monitoring
(a) Inspections of surface coal mining and reclamation operations
The Secretary shall cause to be made such inspections of any surface coal mining and reclamation operations as are necessary to evaluate the administration of approved State programs, or to develop or enforce any Federal program, and for such purposes authorized representatives of the Secretary shall have a right
of entry to, upon, or through any surface coal
mining and reclamation operations.
(b) Records and reports; monitoring systems;
evaluation of results
For the purpose of developing or assisting in
the development, administration, and enforcement of any approved State or Federal program
under this chapter or in the administration and
enforcement of any permit under this chapter,
or of determining whether any person is in violation of any requirement of any such State or
Federal program or any other requirement of
this chapter—
(1) the regulatory authority shall require
any permittee to (A) establish and maintain
appropriate records, (B) make monthly reports
to the regulatory authority, (C) install, use,
and maintain any necessary monitoring equipment or methods, (D) evaluate results in accordance with such methods, at such locations, intervals, and in such manner as a regulatory authority shall prescribe, and (E) provide such other information relative to surface
coal mining and reclamation operations as the
regulatory authority deems reasonable and
necessary;
(2) for those surface coal mining and reclamation operations which remove or disturb
strata that serve as aquifers which significantly insure the hydrologic balance of water
use either on or off the mining site, the regulatory authority shall specify those—
(A) monitoring sites to record the quantity
and quality of surface drainage above and
below the minesite as well as in the potential zone of influence;
(B) monitoring sites to record level,
amount, and samples of ground water and
aquifers potentially affected by the mining
and also directly below the lowermost (deepest) coal seam to be mined;
(C) records of well logs and borehole data
to be maintained; and
(D) monitoring sites to record precipitation.
The monitoring data collection and analysis
required by this section shall be conducted according to standards and procedures set forth
by the regulatory authority in order to assure
their reliability and validity; and
(3) the authorized representatives of the regulatory authority, without advance notice and

Page 276

upon presentation of appropriate credentials
(A) shall have the right of entry to, upon, or
through any surface coal mining and reclamation operations or any premises in which any
records required to be maintained under paragraph (1) of this subsection are located; and
(B) may at reasonable times, and without
delay, have access to and copy any records, inspect any monitoring equipment or method of
operation required under this chapter.
(c) Inspection intervals
The inspections by the regulatory authority
shall (1) occur on an irregular basis averaging
not less than one partial inspection per month
and one complete inspection per calendar quarter for the surface coal mining and reclamation
operation covered by each permit; (2) occur
without prior notice to the permittee or his
agents or employees except for necessary onsite
meetings with the permittee; and (3) include the
filing of inspection reports adequate to enforce
the requirements of and to carry out the terms
and purposes of this chapter.
(d) Maintenance of sign
Each permittee shall conspicuously maintain
at the entrances to the surface coal mining and
reclamation operations a clearly visible sign
which sets forth the name, business address, and
phone number of the permittee and the permit
number of the surface coal mining and reclamation operations.
(e) Violations
Each inspector, upon detection of each violation of any requirement of any State or Federal
program or of this chapter, shall forthwith inform the operator in writing, and shall report in
writing any such violation to the regulatory authority.
(f) Availability of information to public
Copies of any records, reports, inspection materials, or information obtained under this subchapter by the regulatory authority shall be
made immediately available to the public at
central and sufficient locations in the county,
multicounty, and State area of mining so that
they are conveniently available to residents in
the areas of mining.
(g) Conflict of interest; penalty; publication of
regulations; report to Congress
No employee of the State regulatory authority
performing any function or duty under this
chapter shall have a direct or indirect financial
interest in any underground or surface coal mining operation. Whoever knowingly violates the
provisions of this subsection shall, upon conviction, be punished by a fine of not more than
$2,500, or by imprisonment of not more than one
year, or by both. The Secretary shall (1) within
sixty days after August 3, 1977, publish in the
Federal Register, in accordance with section 553
of title 5, regulations to establish methods by
which the provisions of this subsection will be
monitored and enforced by the Secretary and
such State regulatory authority, including appropriate provisions for the filing by such employees and the review of statements and supplements thereto concerning any financial interest which may be affected by this subsection,

Page 277

TITLE 30—MINERAL LANDS AND MINING

and (2) report to the Congress as part of the Annual Report (section 1296 of this title) on actions
taken and not taken during the preceding year
under this subsection.
(h) Review; procedures for inspections
(1) Any person who is or may be adversely affected by a surface mining operation may notify
the Secretary or any representative of the Secretary responsible for conducting the inspection,
in writing, of any violation of this chapter
which he has reason to believe exists at the surface mining site. The Secretary shall, by regulation, establish procedures for informal review of
any refusal by a representative of the Secretary
to issue a citation with respect to any such alleged violation. The Secretary shall furnish such
persons requesting the review a written statement of the reasons for the Secretary’s final disposition of the case.
(2) The Secretary shall also, by regulation, establish procedures to insure that adequate and
complete inspections are made. Any such person
may notify the Secretary of any failure to make
such inspections, after which the Secretary
shall determine whether adequate and complete
inspections have been made. The Secretary shall
furnish such persons a written statement of the
reasons for the Secretary’s determination that
adequate and complete inspections have or have
not been conducted.
(Pub. L. 95–87, title V, § 517, Aug. 3, 1977, 91 Stat.
498.)
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (g) of this section relating to requirement to
report to Congress on actions taken and not taken
under subsec. (g), see section 3003 of Pub. L. 104–66, as
amended, set out as a note under section 1113 of Title
31, Money and Finance, and page 109 of House Document No. 103–7.

§ 1268. Penalties
(a) Civil penalties for violations of permit conditions and provisions of this subchapter
In the enforcement of a Federal program or
Federal lands program, or during Federal enforcement pursuant to section 1252 of this title
or during Federal enforcement of a State program pursuant to section 1271 of this title, any
permittee who violates any permit condition or
who violates any other provision of this subchapter, may be assessed a civil penalty by the
Secretary, except that if such violation leads to
the issuance of a cessation order under section
1271 of this title, the civil penalty shall be assessed. Such penalty shall not exceed $5,000 for
each violation. Each day of continuing violation
may be deemed a separate violation for purposes
of penalty assessments. In determining the
amount of the penalty, consideration shall be
given to the permittee’s history of previous violations at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment
and any hazard to the health or safety of the
public; whether the permittee was negligent;
and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation.

§ 1268

(b) Hearing
A civil penalty shall be assessed by the Secretary only after the person charged with a violation described under subsection (a) of this section has been given an opportunity for a public
hearing. Where such a public hearing has been
held, the Secretary shall make findings of fact,
and he shall issue a written decision as to the
occurrence of the violation and the amount of
the penalty which is warranted, incorporating,
when appropriate, an order therein requiring
that the penalty be paid. When appropriate, the
Secretary shall consolidate such hearings with
other proceedings under section 1271 of this
title. Any hearing under this section shall be of
record and shall be subject to section 554 of title
5. Where the person charged with such a violation fails to avail himself of the opportunity for
a public hearing, a civil penalty shall be assessed by the Secretary after the Secretary has
determined that a violation did occur, and the
amount of the penalty which is warranted, and
has issued an order requiring that the penalty be
paid.
(c) Notice of violation; action required of violator; waiver of legal rights
Upon the issuance of a notice or order charging that a violation of this chapter has occurred,
the Secretary shall inform the operator within
thirty days of the proposed amount of said penalty. The person charged with the penalty shall
then have thirty days to pay the proposed penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the
violation, forward the proposed amount to the
Secretary for placement in an escrow account. If
through administrative or judicial review of the
proposed penalty, it is determined that no violation occurred, or that the amount of the penalty
should be reduced, the Secretary shall within
thirty days remit the appropriate amount to the
person, with interest at the rate of 6 percent, or
at the prevailing Department of the Treasury
rate, whichever is greater. Failure to forward
the money to the Secretary within thirty days
shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.
(d) Civil action to recover civil penalties
Civil penalties owed under this chapter, may
be recovered in a civil action brought by the Attorney General at the request of the Secretary
in any appropriate district court of the United
States.
(e) Willful violations
Any person who willfully and knowingly violates a condition of a permit issued pursuant to
a Federal program, a Federal lands program or
Federal enforcement pursuant to section 1252 of
this title or during Federal enforcement of a
State program pursuant to section 1271 of this
title or fails or refuses to comply with any order
issued under section 1271 or section 1276 of this
title, or any order incorporated in a final decision issued by the Secretary under this chapter,
except an order incorporated in a decision issued
under subsection (b) of this section or section
1294 of this title, shall, upon conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than one year or
both.

§ 1269

TITLE 30—MINERAL LANDS AND MINING

(f) Corporate violations
Whenever a corporate permittee violates a
condition of a permit issued pursuant to a Federal program, a Federal lands program or Federal enforcement pursuant to section 1252 of this
title or Federal enforcement of a State program
pursuant to section 1271 of this title or fails or
refuses to comply with any order issued under
section 1271 of this title, or any order incorporated in a final decision issued by the Secretary under this chapter except an order incorporated in a decision issued under subsection (b)
of this section or section 1293 of this title, any
director, officer, or agent of such corporation
who willfully and knowingly authorized, ordered, or carried out such violation, failure, or
refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed upon a person under subsections (a) and
(e) of this section.
(g) False statements, representations, or certifications
Whoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record,
report, plant, or other document filed or required to be maintained pursuant to a Federal
program or a Federal lands program or any
order of decision issued by the Secretary under
this chapter, shall, upon conviction, be punished
by a fine of not more than $10,000, or by imprisonment for not more than one year or both.
(h) Failure to correct violation
Any operator who fails to correct a violation
for which a citation has been issued under section 1271(a) of this title within the period permitted for its correction (which period shall not
end until the entry of a final order by the Secretary, in the case of any review proceedings
under section 1275 of this title initiated by the
operator wherein the Secretary orders, after an
expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable
loss or damage from the application of those requirements, or until the entry of an order of the
court, in the case of any review proceedings
under section 1276 of this title initiated by the
operator wherein the court orders the suspension of the abatement requirements of the citation), shall be assessed a civil penalty of not less
than $750 for each day during which such failure
or violation continues.
(i) Effect on additional enforcement right or procedure available under State law
As a condition of approval of any State program submitted pursuant to section 1253 of this
title, the civil and criminal penalty provisions
thereof shall, at a minimum, incorporate penalties no less stringent than those set forth in
this section, and shall contain the same or similar procedural requirements relating thereto.
Nothing herein shall be construed so as to eliminate any additional enforcement right or procedures which are available under State law to a
State regulatory authority but which are not
specifically enumerated herein.
(Pub. L. 95–87, title V, § 518, Aug. 3, 1977, 91 Stat.
499.)

Page 278

§ 1269. Release of performance bonds or deposits
(a) Filing of request; submittal of copy of advertisement; notification by letter of intent to
seek release
The permittee may file a request with the regulatory authority for the release of all or part of
a performance bond or deposit. Within thirty
days after any application for bond or deposit
release has been filed with the regulatory authority, the operator shall submit a copy of an
advertisement placed at least once a week for
four successive weeks in a newspaper of general
circulation in the locality of the surface coal
mining operation. Such advertisement shall be
considered part of any bond release application
and shall contain a notification of the precise
location of the land affected, the number of
acres, the permit and the date approved, the
amount of the bond filed and the portion sought
to be released, and the type and appropriate
dates of reclamation work performed, and a description of the results achieved as they relate
to the operator’s approved reclamation plan. In
addition, as part of any bond release application, the applicant shall submit copies of letters
which he has sent to adjoining property owners,
local governmental bodies, planning agencies,
and sewage and water treatment authorities, or
water companies in the locality in which the
surface coal mining and reclamation activities
took place, notifying them of his intention to
seek release from the bond.
(b) Inspection and evaluation; notification of decision
Upon receipt of the notification and request,
the regulatory authority shall within thirty
days conduct an inspection and evaluation of
the reclamation work involved. Such evaluation
shall consider, among other things, the degree of
difficulty to complete any remaining reclamation, whether pollution of surface and subsurface water is occurring, the probability of
continuance of future occurrence of such pollution, and the estimated cost of abating such pollution. The regulatory authority shall notify the
permittee in writing of its decision to release or
not to release all or part of the performance
bond or deposit within sixty days from the filing
of the request, if no public hearing is held pursuant to subsection (f) of this section, and if there
has been a public hearing held pursuant to subsection (f) of this section, within thirty days
thereafter.
(c) Requirements for release
The regulatory authority may release in
whole or in part said bond or deposit if the authority is satisfied the reclamation covered by
the bond or deposit or portion thereof has been
accomplished as required by this chapter according to the following schedule:
(1) When the operator completes the backfilling, regrading, and drainage control of a
bonded area in accordance with his approved
reclamation plan, the release of 60 per centum
of the bond or collateral for the applicable permit area.
(2) After revegetation has been established
on the regraded mined lands in accordance
with the approved reclamation plan. When de-

Page 279

TITLE 30—MINERAL LANDS AND MINING

termining the amount of bond to be released
after successful revegetation has been established, the regulatory authority shall retain
that amount of bond for the revegetated area
which would be sufficient for a third party to
cover the cost of reestablishing revegetation
and for the period specified for operator responsibility in section 1265 of this title of reestablishing revegetation. No part of the bond or
deposit shall be released under this paragraph
so long as the lands to which the release would
be applicable are contributing suspended solids to streamflow or runoff outside the permit
area in excess of the requirements set by section 1265(b)(10) of this title or until soil productivity for prime farm lands has returned to
equivalent levels of yield as nonmined land of
the same soil type in the surrounding area
under equivalent management practices as determined from the soil survey performed pursuant to section 1257(b)(16) of this title. Where
a silt dam is to be retained as a permanent impoundment pursuant to section 1265(b)(8) of
this title, the portion of bond may be released
under this paragraph so long as provisions for
sound future maintenance by the operator or
the landowner have been made with the regulatory authority.
(3) When the operator has completed successfully all surface coal mining and reclamation activities, the release of the remaining
portion of the bond, but not before the expiration of the period specified for operator responsibility in section 1265 of this title: Provided, however, That no bond shall be fully released until all reclamation requirements of
this chapter are fully met.
(d) Notice of disapproval
If the regulatory authority disapproves the application for release of the bond or portion
thereof, the authority shall notify the permittee, in writing, stating the reasons for disapproval and recommending corrective actions
necessary to secure said release and allowing opportunity for a public hearing.
(e) Notice to municipality
When any application for total or partial bond
release is filed with the regulatory authority,
the regulatory authority shall notify the municipality in which a surface coal mining operation is located by certified mail at least thirty
days prior to the release of all or a portion of
the bond.
(f) Objections to release; hearing
Any person with a valid legal interest which
might be adversely affected by release of the
bond or the responsible officer or head of any
Federal, State, or local governmental agency
which has jurisdiction by law or special expertise with respect to any environmental, social,
or economic impact involved in the operation,
or is authorized to develop and enforce environmental standards with respect to such operations shall have the right to file written objections to the proposed release from bond to the
regulatory authority within thirty days after
the last publication of the above notice. If written objections are filed, and a hearing requested,
the regulatory authority shall inform all the in-

§ 1270

terested parties, of the time and place of the
hearing, and hold a public hearing in the locality of the surface coal mining operation proposed for bond release within thirty days of the
request for such hearing. The date, time, and location of such public hearings shall be advertised by the regulatory authority in a newspaper
of general circulation in the locality for two
consecutive weeks, and shall hold a public hearing in the locality of the surface coal mining operation proposed for bond release or at the State
capital at the option of the objector, within
thirty days of the request for such hearing.
(g) Informal conference
Without prejudice to the rights of the objectors, the applicant, or the responsibilities of the
regulatory authority pursuant to this section,
the regulatory authority may establish an informal conference as provided in section 1263 of
this title to resolve such written objections.
(h) Power of regulatory authority with respect to
informal conference
For the purpose of such hearing the regulatory
authority shall have the authority and is hereby
empowered to administer oaths, subpena witnesses, or written or printed materials, compel
the attendance of witnesses, or production of
the materials, and take evidence including but
not limited to inspections of the land affected
and other surface coal mining operations carried
on by the applicant in the general vicinity. A
verbatim record of each public hearing required
by this chapter shall be made, and a transcript
made available on the motion of any party or by
order of the regulatory authority.
(Pub. L. 95–87, title V, § 519, Aug. 3, 1977, 91 Stat.
501.)
§ 1270. Citizens suits
(a) Civil action to compel compliance with this
chapter
Except as provided in subsection (b) of this
section, any person having an interest which is
or may be adversely affected may commence a
civil action on his own behalf to compel compliance with this chapter—
(1) against the United States or any other
governmental instrumentality or agency to
the extent permitted by the eleventh amendment to the Constitution which is alleged to
be in violation of the provisions of this chapter or of any rule, regulation, order or permit
issued pursuant thereto, or against any other
person who is alleged to be in violation of any
rule, regulation, order or permit issued pursuant to this subchapter; or
(2) against the Secretary or the appropriate
State regulatory authority to the extent permitted by the eleventh amendment to the
Constitution where there is alleged a failure of
the Secretary or the appropriate State regulatory authority to perform any act or duty
under this chapter which is not discretionary
with the Secretary or with the appropriate
State regulatory authority.
The district courts shall have jurisdiction, without regard to the amount in controversy or the
citizenship of the parties.

§ 1271

TITLE 30—MINERAL LANDS AND MINING

(b) Limitation on bringing of action
No action may be commenced—
(1) under subsection (a)(1) of this section—
(A) prior to sixty days after the plaintiff
has given notice in writing of the violation
(i) to the Secretary, (ii) to the State in
which the violation occurs, and (iii) to any
alleged violator; or
(B) if the Secretary or the State has commenced and is diligently prosecuting a civil
action in a court of the United States or a
State to require compliance with the provisions of this chapter, or any rule, regulation,
order, or permit issued pursuant to this
chapter, but in any such action in a court of
the United States any person may intervene
as a matter of right; or
(2) under subsection (a)(2) of this section
prior to sixty days after the plaintiff has given
notice in writing of such action to the Secretary, in such manner as the Secretary shall
by regulation prescribe, or to the appropriate
State regulatory authority, except that such
action may be brought immediately after such
notification in the case where the violation or
order complained of constitutes an imminent
threat to the health or safety of the plaintiff
or would immediately affect a legal interest of
the plaintiff.
(c) Venue; intervention
(1) Any action respecting a violation of this
chapter or the regulations thereunder may be
brought only in the judicial district in which
the surface coal mining operation complained of
is located.
(2) In such action under this section, the Secretary, or the State regulatory authority, if not
a party, may intervene as a matter of right.
(d) Costs; filing of bonds
The court, in issuing any final order in any action brought pursuant to subsection (a) of this
section, may award costs of litigation (including
attorney and expert witness fees) to any party,
whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is
sought require the filing of a bond or equivalent
security in accordance with the Federal Rules of
Civil Procedure.
(e) Effect on other enforcement methods
Nothing in this section shall restrict any right
which any person (or class of persons) may have
under any statute or common law to seek enforcement of any of the provisions of this chapter and the regulations thereunder, or to seek
any other relief (including relief against the
Secretary or the appropriate State regulatory
authority).
(f) Action for damages
Any person who is injured in his person or
property through the violation by any operator
of any rule, regulation, order, or permit issued
pursuant to this chapter may bring an action for
damages (including reasonable attorney and expert witness fees) only in the judicial district in
which the surface coal mining operation complained of is located. Nothing in this subsection
shall affect the rights established by or limits

Page 280

imposed under State Workmen’s Compensation
laws.
(Pub. L. 95–87, title V, § 520, Aug. 3, 1977, 91 Stat.
503.)
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in
subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

§ 1271. Enforcement
(a) Notice of violation; Federal inspection; waiver of notification period; cessation order; affirmative obligation on operator; suspension
or revocation of permits; contents of notices
and orders
(1) Whenever, on the basis of any information
available to him, including receipt of information from any person, the Secretary has reason
to believe that any person is in violation of any
requirement of this chapter or any permit condition required by this chapter, the Secretary
shall notify the State regulatory authority, if
one exists, in the State in which such violation
exists. If no such State authority exists or the
State regulatory authority fails within ten days
after notification to take appropriate action to
cause said violation to be corrected or to show
good cause for such failure and transmit notification of its action to the Secretary, the Secretary shall immediately order Federal inspection of the surface coal mining operation at
which the alleged violation is occurring unless
the information available to the Secretary is a
result of a previous Federal inspection of such
surface coal mining operation. The ten-day notification period shall be waived when the person
informing the Secretary provides adequate proof
that an imminent danger of significant environmental harm exists and that the State has failed
to take appropriate action. When the Federal inspection results from information provided to
the Secretary by any person, the Secretary shall
notify such person when the Federal inspection
is proposed to be carried out and such person
shall be allowed to accompany the inspector
during the inspection.
(2) When, on the basis of any Federal inspection, the Secretary or his authorized representative determines that any condition or practices
exist, or that any permittee is in violation of
any requirement of this chapter or any permit
condition required by this chapter, which condition, practice, or violation also creates an imminent danger to the health or safety of the public,
or is causing, or can reasonably be expected to
cause significant, imminent environmental
harm to land, air, or water resources, the Secretary or his authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or the portion
thereof relevant to the condition, practice, or
violation. Such cessation order shall remain in
effect until the Secretary or his authorized representative determines that the condition, practice, or violation has been abated, or until modified, vacated, or terminated by the Secretary or
his authorized representative pursuant to paragraph (5) of this subsection. Where the Secretary
finds that the ordered cessation of surface coal

Page 281

TITLE 30—MINERAL LANDS AND MINING

mining and reclamation operations, or any portion thereof, will not completely abate the imminent danger to health or safety of the public
or the significant imminent environmental
harm to land, air, or water resources, the Secretary shall, in addition to the cessation order,
impose affirmative obligations on the operator
requiring him to take whatever steps the Secretary deems necessary to abate the imminent
danger or the significant environmental harm.
(3) When, on the basis of a Federal inspection
which is carried out during the enforcement of a
Federal program or a Federal lands program,
Federal inspection pursuant to section 1252, or
section 1254(b) of this title, or during Federal enforcement of a State program in accordance
with subsection (b) of this section, the Secretary
or his authorized representative determines that
any permittee is in violation of any requirement
of this chapter or any permit condition required
by this chapter; but such violation does not create an imminent danger to the health or safety
of the public, or cannot be reasonably expected
to cause significant, imminent environmental
harm to land, air, or water resources, the Secretary or authorized representative shall issue a
notice to the permittee or his agent fixing a reasonable time but not more than ninety days for
the abatement of the violation and providing opportunity for public hearing.
If, upon expiration of the period of time as
originally fixed or subsequently extended, for
good cause shown and upon the written finding
of the Secretary or his authorized representative, the Secretary or his authorized representative finds that the violation has not been
abated, he shall immediately order a cessation
of surface coal mining and reclamation operations or the portion thereof relevant to the violation. Such cessation order shall remain in effect until the Secretary or his authorized representative determines that the violation has
been abated, or until modified, vacated, or terminated by the Secretary or his authorized representative pursuant to paragraph (5) of this
subsection. In the order of cessation issued by
the Secretary under this subsection, the Secretary shall determine the steps necessary to
abate the violation in the most expeditious
manner possible, and shall include the necessary
measures in the order.
(4) When, on the basis of a Federal inspection
which is carried out during the enforcement of a
Federal program or a Federal lands program,
Federal inspection pursuant to section 1252 or
section 1254 of this title or during Federal enforcement of a State program in accordance
with subsection (b) of this section, the Secretary
or his authorized representative determines that
a pattern of violations of any requirements of
this chapter or any permit conditions required
by this chapter exists or has existed, and if the
Secretary or his authorized representative also
find that such violations are caused by the unwarranted failure of the permittee to comply
with any requirements of this chapter or any
permit conditions, or that such violations are
willfully caused by the permittee, the Secretary
or his authorized representative shall forthwith
issue an order to the permittee to show cause as
to why the permit should not be suspended or re-

§ 1271

voked and shall provide opportunity for a public
hearing. If a hearing is requested the Secretary
shall inform all interested parties of the time
and place of the hearing. Upon the permittee’s
failure to show cause as to why the permit
should not be suspended or revoked, the Secretary or his authorized representative shall
forthwith suspend or revoke the permit.
(5) Notices and orders issued pursuant to this
section shall set forth with reasonable specificity the nature of the violation and the remedial
action required, the period of time established
for abatement, and a reasonable description of
the portion of the surface coal mining and reclamation operation to which the notice or order
applies. Each notice or order issued under this
section shall be given promptly to the permittee
or his agent by the Secretary or his authorized
representative who issues such notice or order,
and all such notices and orders shall be in writing and shall be signed by such authorized representatives. Any notice or order issued pursuant to this section may be modified, vacated, or
terminated by the Secretary or his authorized
representative. A copy of any such order or notice shall be sent to the State regulatory authority in the State in which the violation occurs: Provided, That any notice or order issued
pursuant to this section which requires cessation of mining by the operator shall expire
within thirty days of actual notice to the operator unless a public hearing is held at the site or
within such reasonable proximity to the site
that any viewings of the site can be conducted
during the course of public hearing.
(b) Inadequate State enforcement; notice and
hearing
Whenever on the basis of information available to him, the Secretary has reason to believe
that violations of all or any part of an approved
State program result from a failure of the State
to enforce such State program or any part thereof effectively, he shall after public notice and
notice to the State, hold a hearing thereon in
the State within thirty days of such notice. If as
a result of said hearing the Secretary finds that
there are violations and such violations result
from a failure of the State to enforce all or any
part of the State program effectively, and if he
further finds that the State has not adequately
demonstrated its capability and intent to enforce such State program, he shall give public
notice of such finding. During the period beginning with such public notice and ending when
such State satisfies the Secretary that it will
enforce this chapter, the Secretary shall enforce, in the manner provided by this chapter,
any permit condition required under this chapter, shall issue new or revised permits in accordance with requirements of this chapter, and may
issue such notices and orders as are necessary
for compliance therewith: Provided, That in the
case of a State permittee who has met his obligations under such permit and who did not willfully secure the issuance of such permit through
fraud or collusion, the Secretary shall give the
permittee a reasonable time to conform ongoing
surface mining and reclamation to the requirements of this chapter before suspending or revoking the State permit.

§ 1272

TITLE 30—MINERAL LANDS AND MINING

(c) Civil action for relief
The Secretary may request the Attorney General to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order
in the district court of the United States for the
district in which the surface coal mining and
reclamation operation is located or in which the
permittee thereof has his principal office, whenever such permittee or his agent (A) violates or
fails or refuses to comply with any order or decision issued by the Secretary under this chapter,
or (B) interferes with, hinders, or delays the
Secretary or his authorized representatives in
carrying out the provisions of this chapter, or
(C) refuses to admit such authorized representative to the mine, or (D) refuses to permit inspection of the mine by such authorized representative, or (E) refuses to furnish any information or
report requested by the Secretary in furtherance
of the provisions of this chapter, or (F) refuses
to permit access to, and copying of, such records
as the Secretary determines necessary in carrying out the provisions of this chapter. Such
court shall have jurisdiction to provide such relief as may be appropriate. Temporary restraining orders shall be issued in accordance with
rule 65 of the Federal Rules of Civil Procedure,
as amended. Any relief granted by the court to
enforce an order under clause (A) of this section
shall continue in effect until the completion or
final termination of all proceedings for review of
such order under this subchapter, unless, prior
thereto, the district court granting such relief
sets it aside or modifies it.
(d) Sanctions; effect on additional enforcement
rights under State law
As a condition of approval of any State program submitted pursuant to section 1253 of this
title, the enforcement provisions thereof shall,
at a minimum, incorporate sanctions no less
stringent than those set forth in this section,
and shall contain the same or similar procedural
requirements relating thereto. Nothing herein
shall be construed so as to eliminate any additional enforcement rights or procedures which
are available under State law to a State regulatory authority but which are not specifically
enumerated herein.
(Pub. L. 95–87, title V, § 521, Aug. 3, 1977, 91 Stat.
504.)
REFERENCES IN TEXT
Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (c), is set out in the Appendix to
Title 28, Judiciary and Judicial Procedure.

§ 1272. Designating areas unsuitable for surface
coal mining
(a) Establishment of State planning process;
standards; State process requirements; integration with present and future land use
planning and regulation processes; savings
provisions
(1) To be eligible to assume primary regulatory authority pursuant to section 1253 of this
title, each State shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and infor-

Page 282

mation as to which, if any, land areas of a State
are unsuitable for all or certain types of surface
coal mining operations pursuant to the standards set forth in paragraphs (2) and (3) of this
subsection but such designation shall not prevent the mineral exploration pursuant to the
chapter of any area so designated.
(2) Upon petition pursuant to subsection (c) of
this section, the State regulatory authority
shall designate an area as unsuitable for all or
certain types of surface coal mining operations
if the State regulatory authority determines
that reclamation pursuant to the requirements
of this chapter is not technologically and economically feasible.
(3) Upon petition pursuant to subsection (c) of
this section, a surface area may be designated
unsuitable for certain types of surface coal mining operations if such operations will—
(A) be incompatible with existing State or
local land use plans or programs; or
(B) affect fragile or historic lands in which
such operations could result in significant
damage to important historic, cultural, scientific, and esthetic values and natural systems; or
(C) affect renewable resource lands in which
such operations could result in a substantial
loss or reduction of long-range productivity of
water supply or of food or fiber products, and
such lands to include aquifers and aquifer recharge areas; or
(D) affect natural hazard lands in which such
operations could substantially endanger life
and property, such lands to include areas subject to frequent flooding and areas of unstable
geology.
(4) To comply with this section, a State must
demonstrate it has developed or is developing a
process which includes—
(A) a State agency responsible for surface
coal mining lands review;
(B) a data base and an inventory system
which will permit proper evaluation of the capacity of different land areas of the State to
support and permit reclamation of surface
coal mining operations;
(C) a method or methods for implementing
land use planning decisions concerning surface
coal mining operations; and
(D) proper notice, opportunities for public
participation, including a public hearing prior
to making any designation or redesignation,
pursuant to this section.
(5) Determinations of the unsuitability of land
for surface coal mining, as provided for in this
section, shall be integrated as closely as possible
with present and future land use planning and
regulation processes at the Federal, State, and
local levels.
(6) The requirements of this section shall not
apply to lands on which surface coal mining operations are being conducted on August 3, 1977,
or under a permit issued pursuant to this chapter, or where substantial legal and financial
commitments in such operation were in existence prior to January 4, 1977.
(b) Review of Federal lands
The Secretary shall conduct a review of the
Federal lands to determine, pursuant to the

Page 283

TITLE 30—MINERAL LANDS AND MINING

standards set forth in paragraphs (2) and (3) of
subsection (a) of this section, whether there are
areas on Federal lands which are unsuitable for
all or certain types of surface coal mining operations: Provided, however, That the Secretary
may permit surface coal mining on Federal
lands prior to the completion of this review.
When the Secretary determines an area on Federal lands to be unsuitable for all or certain
types of surface coal mining operations, he shall
withdraw such area or condition any mineral
leasing or mineral entries in a manner so as to
limit surface coal mining operations on such
area. Where a Federal program has been implemented in a State pursuant to section 1254 of
this title, the Secretary shall implement a process for designation of areas unsuitable for surface coal mining for non-Federal lands within
such State and such process shall incorporate
the standards and procedures of this section.
Prior to designating Federal lands unsuitable
for such mining, the Secretary shall consult
with the appropriate State and local agencies.
(c) Petition; intervention; decision
Any person having an interest which is or may
be adversely affected shall have the right to petition the regulatory authority to have an area
designated as unsuitable for surface coal mining
operations, or to have such a designation terminated. Such a petition shall contain allegations
of facts with supporting evidence which would
tend to establish the allegations. Within ten
months after receipt of the petition the regulatory authority shall hold a public hearing in
the locality of the affected area, after appropriate notice and publication of the date, time,
and location of such hearing. After a person having an interest which is or may be adversely affected has filed a petition and before the hearing, as required by this subsection, any person
may intervene by filing allegations of facts with
supporting evidence which would tend to establish the allegations. Within sixty days after
such hearing, the regulatory authority shall
issue and furnish to the petitioner and any other
party to the hearing, a written decision regarding the petition, and the reasons therefore.1 In
the event that all the petitioners stipulate
agreement prior to the requested hearing, and
withdraw their request, such hearing need not
be held.
(d) Statement
Prior to designating any land areas as unsuitable for surface coal mining operations, the regulatory authority shall prepare a detailed statement on (i) the potential coal resources of the
area, (ii) the demand for coal resources, and (iii)
the impact of such designation on the environment, the economy, and the supply of coal.
(e) Prohibition on certain Federal public and
private surface coal mining operations
After August 3, 1977, and subject to valid existing rights no surface coal mining operations except those which exist on August 3, 1977, shall be
permitted—
(1) on any lands within the boundaries of
units of the National Park System, the Na1 So

in original. Probably should be ‘‘therefor.’’

§ 1272

tional Wildlife Refuge Systems, the National
System of Trails, the National Wilderness
Preservation System, the Wild and Scenic Rivers System, including study rivers designated
under section 1276(a) of title 16 and National
Recreation Areas designated by Act of Congress;
(2) on any Federal lands within the boundaries of any national forest: Provided, however,
That surface coal mining operations may be
permitted on such lands if the Secretary finds
that there are no significant recreational, timber, economic, or other values which may be
incompatible with such surface mining operations and—
(A) surface operations and impacts are incident to an underground coal mine; or
(B) where the Secretary of Agriculture determines, with respect to lands which do not
have significant forest cover within those
national forests west of the 100th meridian,
that surface mining is in compliance with
the Multiple-Use Sustained-Yield Act of 1960
[16 U.S.C. 528–531], the Federal Coal Leasing
Amendments Act of 1975, the National Forest Management Act of 1976, and the provisions of this chapter: And provided further,
That no surface coal mining operations may
be permitted within the boundaries of the
Custer National Forest;
(3) which will adversely affect any publicly
owned park or places included in the National
Register of Historic Sites unless approved
jointly by the regulatory authority and the
Federal, State, or local agency with jurisdiction over the park or the historic site;
(4) within one hundred feet of the outside
right-of-way line of any public road, except
where mine access roads or haulage roads join
such right-of-way line and except that the regulatory authority may permit such roads to be
relocated or the area affected to lie within one
hundred feet of such road, if after public notice and opportunity for public hearing in the
locality a written finding is made that the interests of the public and the landowners affected thereby will be protected; or
(5) within three hundred feet from any occupied dwelling, unless waived by the owner
thereof, nor within three hundred feet of any
public building, school, church, community, or
institutional building, public park, or within
one hundred feet of a cemetery.
(Pub. L. 95–87, title V, § 522, Aug. 3, 1977, 91 Stat.
507.)
REFERENCES IN TEXT
The Multiple-Use Sustained-Yield Act of 1960, referred to in subsec. (e)(2)(B), is Pub. L. 86–517, June 12,
1960, 74 Stat. 215, as amended, which is classified generally to sections 528 to 531 of Title 16, Conservation. For
complete classification of this Act to the Code, see
Short Title note set out under section 528 of Title 16
and Tables.
The Federal Coal Leasing Amendments Act of 1975,
referred to in subsec. (e)(2)(B), is Pub. L. 94–377, Aug. 4,
1976, 90 Stat. 1083, which was redesignated the Federal
Coal Leasing Amendments Act of 1976 by Pub. L. 95–554,
§ 8, Oct. 30, 1978, 92 Stat. 2075, and which enacted sections 202a, 208–1, and 208–2 of this title, amended sections 184, 191, 201, 203, 207, 209, and 352 of this title, repealed sections 201–1 and 204 of this title, and enacted

§ 1273

TITLE 30—MINERAL LANDS AND MINING

provisions set out as notes under sections 181, 184, 201,
201–1, 203, and 204 of this title. For complete classification of this Act to the Code, see Short Title of 1976
Amendment note set out under section 181 of this title
and Tables.
The National Forest Management Act of 1976, referred to in subsec. (e)(2)(B), is Pub. L. 94–588, Oct. 22,
1976, 90 Stat. 2949, as amended, which enacted sections
472a, 521b, 1600, and 1611 to 1614 of Title 16, Conservation, amended sections 500, 515, 516, 518, 576b, 581h, and
1601 to 1610 of Title 16, repealed sections 476, 513, and 514
of Title 16, enacted provisions set out as notes under
sections 476, 513, 528, 594–2, and 1600 of Title 16. For
complete classification of this Act to the Code, see
Short Title of 1976 Amendment note set out under section 1600 of Title 16 and Tables.

§ 1273. Federal lands
(a) Promulgation and implementation of Federal
lands program
No later than one year after August 3, 1977, the
Secretary shall promulgate and implement a
Federal lands program which shall be applicable
to all surface coal mining and reclamation operations taking place pursuant to any Federal law
on any Federal lands: Provided, That except as
provided in section 1300 of this title the provisions of this chapter shall not be applicable to
Indian lands. The Federal lands program shall,
at a minimum, incorporate all of the requirements of this chapter and shall take into consideration the diverse physical, climatological, and
other unique characteristics of the Federal
lands in question. Where Federal lands in a
State with an approved State program are involved, the Federal lands program shall, at a
minimum, include the requirements of the approved State program: Provided, That the Secretary shall retain his duties under sections
201(a), (2)(B) 1 and 201(a)(3) of this title, and shall
continue to be responsible for designation of
Federal lands as unsuitable for mining in accordance with section 1272(b) of this title.
(b) Incorporation of requirements into any lease,
permit, or contract issued by Secretary
which may involve surface coal mining and
reclamation operations
The requirements of this chapter and the Federal lands program or an approved State program for State regulation of surface coal mining
on Federal lands under subsection (c) of this section, whichever is applicable, shall be incorporated by reference or otherwise in any Federal
mineral lease, permit, or contract issued by the
Secretary which may involve surface coal mining and reclamation operations. Incorporation
of such requirements shall not, however, limit
in any way the authority of the Secretary to
subsequently issue new regulations, revise the
Federal lands program to deal with changing
conditions or changed technology, and to require any surface mining and reclamation operations to conform with the requirements of this
chapter and the regulations issued pursuant to
this chapter.
(c) State cooperative agreements
Any State with an approved State program
may elect to enter into a cooperative agreement
with the Secretary to provide for State regula1 So

in original. Probably should be ‘‘201(a)(2)(B)’’.

Page 284

tion of surface coal mining and reclamation operations on Federal lands within the State, provided the Secretary determines in writing that
such State has the necessary personnel and
funding to fully implement such a cooperative
agreement in accordance with the provision of
this chapter. States with cooperative agreements existing on August 3, 1977, may elect to
continue regulation on Federal lands within the
State, prior to approval by the Secretary of
their State program, or imposition of a Federal
program, provided that such existing cooperative agreement is modified to fully comply with
the initial regulatory procedures set forth in
section 1252 of this title. Nothing in this subsection shall be construed as authorizing the
Secretary to delegate to the States his duty to
approve mining plans on Federal lands, to designate certain Federal lands as unsuitable for
surface coal mining pursuant to section 1272 of
this title, or to regulate other activities taking
place on Federal lands.
(d) Development of program to assure no unreasonable denial to any class of coal purchasers
The Secretary shall develop a program to assure that with respect to the granting of permits, leases, or contracts for coal owned by the
United States, that no class of purchasers of the
mined coal shall be unreasonably denied purchase thereof.
(Pub. L. 95–87, title V, § 523, Aug. 3, 1977, 91 Stat.
510.)
§ 1274. Public agencies, public utilities, and public corporations
Any agency, unit, or instrumentality of Federal, State, or local government, including any
publicly owned utility or publicly owned corporation of Federal, State, or local government,
which proposes to engage in surface coal mining
operations which are subject to the requirements of this chapter shall comply with the provisions of this subchapter.
(Pub. L. 95–87, title V, § 524, Aug. 3, 1977, 91 Stat.
511.)
§ 1275. Review by Secretary
(a) Application for review of order or notice; investigation; hearing; notice
(1) A permittee issued a notice or order by the
Secretary pursuant to the provisions of paragraphs (2) and (3) of subsection (a) of section 1271
of this title, or pursuant to a Federal program
or the Federal lands program or any person having an interest which is or may be adversely affected by such notice or order or by any modification, vacation, or termination of such notice
or order, may apply to the Secretary for review
of the notice or order within thirty days of receipt thereof or within thirty days of its modification, vacation, or termination. Upon receipt
of such application, the Secretary shall cause
such investigation to be made as he deems appropriate. Such investigation shall provide an
opportunity for a public hearing, at the request
of the applicant or the person having an interest
which is or may be adversely affected, to enable

Page 285

TITLE 30—MINERAL LANDS AND MINING

the applicant or such person to present information relating to the issuance and continuance of
such notice or order or the modification, vacation, or termination thereof. The filing of an application for review under this subsection shall
not operate as a stay of any order or notice.
(2) The permittee and other interested persons
shall be given written notice of the time and
place of the hearing at least five days prior
thereto. Any such hearing shall be of record and
shall be subject to section 554 of title 5.
(b) Findings of fact; issuance of decision
Upon receiving the report of such investigation, the Secretary shall make findings of fact,
and shall issue a written decision, incorporating
therein an order vacating, affirming, modifying,
or terminating the notice or order, or the modification, vacation, or termination of such notice
or order complained of and incorporate his findings therein. Where the application for review
concerns an order for cessation of surface coal
mining and reclamation operations issued pursuant to the provisions of paragraph (2) or (3) of
subsection (a) of section 1271 of this title, the
Secretary shall issue the written decision within
thirty days of the receipt of the application for
review, unless temporary relief has been granted
by the Secretary pursuant to subsection (c) of
this section or by the court pursuant to subsection (c) of section 1276 of this title.
(c) Temporary relief; issuance of order or decision granting or denying relief
Pending completion of the investigation and
hearing required by this section, the applicant
may file with the Secretary a written request
that the Secretary grant temporary relief from
any notice or order issued under section 1271 of
this title, a Federal program or the Federal
lands program together with a detailed statement giving reasons for granting such relief.
The Secretary shall issue an order or decision
granting or denying such relief expeditiously:
Provided, That where the applicant requests relief from an order for cessation of coal mining
and reclamation operations issued pursuant to
paragraph (2) or (3) of subsection (a) of section
1271 of this title, the order or decision on such a
request shall be issued within five days of its receipt. The Secretary may grant such relief,
under such conditions as he may prescribe, if—
(1) a hearing has been held in the locality of
the permit area on the request for temporary
relief in which all parties were given an opportunity to be heard;
(2) the applicant shows that there is substantial likelihood that the findings of the Secretary will be favorable to him; and
(3) such relief will not adversely affect the
health or safety of the public or cause significant, imminent environmental harm to land,
air, or water resources.
(d) Notice and hearing with respect to section
1271 order to show cause
Following the issuance of an order to show
cause as to why a permit should not be suspended or revoked pursuant to section 1271 of
this title, the Secretary shall hold a public hearing after giving written notice of the time,
place, and date thereof. Any such hearing shall

§ 1276

be of record and shall be subject to section 554 of
title 5. Within sixty days following the public
hearing, the Secretary shall issue and furnish to
the permittee and all other parties to the hearing a written decision, and the reasons therefor,
concerning suspension or revocation of the permit. If the Secretary revokes the permit, the
permittee shall immediately cease surface coal
mining operations on the permit area and shall
complete reclamation within a period specified
by the Secretary, or the Secretary shall declare
as forfeited the performance bonds for the operation.
(e) Costs
Whenever an order is issued under this section,
or as a result of any administrative proceeding
under this chapter, at the request of any person,
a sum equal to the aggregate amount of all costs
and expenses (including attorney fees) as determined by the Secretary to have been reasonably
incurred by such person for or in connection
with his participation in such proceedings, including any judicial review of agency actions,
may be assessed against either party as the
court, resulting from judicial review or the Secretary, resulting from administrative proceedings, deems proper.
(Pub. L. 95–87, title V, § 525, Aug. 3, 1977, 91 Stat.
511.)
§ 1276. Judicial review
(a) Review by United States District Court;
venue; filing of petition; time
(1) Any action of the Secretary to approve or
disapprove a State program or to prepare or promulgate a Federal program pursuant to this
chapter shall be subject to judicial review by the
United States District Court for the District
which includes the capital of the State whose
program is at issue. Any action by the Secretary
promulgating national rules or regulations including standards pursuant to sections 1251, 1265,
1266, and 1273 of this title shall be subject to judicial review in the United States District Court
for the District of Columbia Circuit. Any other
action constituting rulemaking by the Secretary shall be subject to judicial review only by
the United States District Court for the District
in which the surface coal mining operation is located. Any action subject to judicial review
under this subsection shall be affirmed unless
the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with
law. A petition for review of any action subject
to judicial review under this subsection shall be
filed in the appropriate Court within sixty days
from the date of such action, or after such date
if the petition is based solely on grounds arising
after the sixtieth day. Any such petition may be
made by any person who participated in the administrative proceedings and who is aggrieved
by the action of the Secretary.
(2) Any order or decision issued by the Secretary in a civil penalty proceeding or any other
proceeding required to be conducted pursuant to
section 554 of title 5 shall be subject to judicial
review on or before 30 days from the date of such
order or decision in accordance with subsection
(b) of this section in the United States District

§ 1277

TITLE 30—MINERAL LANDS AND MINING

Page 286

Court for the district in which the surface coal
mining operation is located. In the case of a proceeding to review an order or decision issued by
the Secretary under the penalty section of this
chapter, the court shall have jurisdiction to
enter an order requiring payment of any civil
penalty assessment enforced by its judgment.
This availability of review established in this
subsection shall not be construed to limit the
operations of rights established in section 1270
of this title.
(b) Evidence; conclusiveness of findings; orders
The court shall hear such petition or complaint solely on the record made before the Secretary. Except as provided in subsection (a) of
this section, the findings of the Secretary if supported by substantial evidence on the record
considered as a whole, shall be conclusive. The
court may affirm, vacate, or modify any order
or decision or may remand the proceedings to
the Secretary for such further action as it may
direct.
(c) Temporary relief; prerequisites
In the case of a proceeding to review any order
or decision issued by the Secretary under this
chapter, including an order or decision issued
pursuant to subsection (c) or (d) of section 1275
of this title pertaining to any order issued under
paragraph (2), (3), or (4) of subsection (a) of section 1271 of this title for cessation of coal mining and reclamation operations, the court may,
under such conditions as it may prescribe, grant
such temporary relief as it deems appropriate
pending final determination of the proceedings
if—
(1) all parties to the proceedings have been
notified and given an opportunity to be heard
on a request for temporary relief;
(2) the person requesting such relief shows
that there is a substantial likelihood that he
will prevail on the merits of the final determination of the proceeding; and
(3) such relief will not adversely affect the
public health or safety or cause significant imminent environmental harm to land, air, or
water resources.
(d) Stay of action, order, or decision of Secretary
The commencement of a proceeding under this
section shall not, unless specifically ordered by
the court, operate as a stay of the action, order,
or decision of the Secretary.
(e) Action of State regulatory authority
Action of the State regulatory authority pursuant to an approved State program shall be
subject to judicial review by a court of competent jurisdiction in accordance with State
law, but the availability of such review shall not
be construed to limit the operation of the rights
established in section 1270 of this title except as
provided therein.

minous coal surface mines located west of the
100th meridian west longitude which meet the
following criteria:
(1) the excavation of the specific mine pit
takes place on the same relatively limited site
for an extended period of time;
(2) the excavation of the specific mine pit
follows a coal seam having an inclination of
fifteen degrees or more from the horizontal,
and continues in the same area proceeding
downward with lateral expansion of the pit
necessary to maintain stability or as necessary to accommodate the orderly expansion
of the total mining operation;
(3) the excavation of the specific mine pit involves the mining of more than one coal seam
and mining has been initiated on the deepest
coal seam contemplated to be mined in the
current operation;
(4) the amount of material removed is large
in proportion to the surface area disturbed;
(5) there is no practicable alternative method of mining the coal involved;
(6) there is no practicable method to reclaim
the land in the manner required by this chapter; and
(7) the specific mine pit has been actually
producing coal since January 1, 1972, in such
manner as to meet the criteria set forth in
this section, and, because of past duration of
mining, is substantially committed to a mode
of operation which warrants exceptions to
some provisions of this subchapter.
(b) New bituminous coal surface mines
Such separate regulations shall also contain a
distinct part to cover and pertain to new bituminous coal surface mines which may be developed after August 3, 1977, on lands immediately
adjacent to lands upon which are located special
bituminous mines existing on January 1, 1972.
Such new mines shall meet the criteria of subsection (a) of this section except for paragraphs
(3) and (7), and all requirements of State law,
notwithstanding in whole or part the regulations issued pursuant to subsection (c) of this
section. In the event of an amendment or revision to the State’s regulatory program, regulations, or decisions made thereunder governing
such mines, the Secretary shall issue such additional regulations as necessary to meet the purposes of this chapter.
(c) Scope of alternative regulations
Such alternative regulations may pertain only
to the standards governing onsite handling of
spoils, elimination of depressions capable of collecting water, creation of impoundments, and
regrading to the approximate original contour
and shall specify that remaining highwalls are
stable. All other performance standards in this
subchapter shall apply to such mines.

(Pub. L. 95–87, title V, § 526, Aug. 3, 1977, 91 Stat.
512.)

§ 1278. Surface mining operations not subject to
this chapter

§ 1277. Special bituminous coal mines

The provisions of this chapter shall not apply
to any of the following activities:
(1) the extraction of coal by a landowner for
his own noncommercial use from land owned
or leased by him; and

(a) Issuance of separate regulations; criteria
The regulatory authority is authorized to
issue separate regulations for those special bitu-

(Pub. L. 95–87, title V, § 527, Aug. 3, 1977, 91 Stat.
513.)

Page 287

TITLE 30—MINERAL LANDS AND MINING

(2) the extraction of coal as an incidental
part of Federal, State or local government-financed highway or other construction under
regulations established by the regulatory authority.
(Pub. L. 95–87, title V, § 528, Aug. 3, 1977, 91 Stat.
514; Pub. L. 100–34, title II, § 201(a), May 7, 1987,
101 Stat. 300.)
AMENDMENTS
1987—Pub. L. 100–34 inserted ‘‘and’’ after ‘‘him;’’ in
par. (1), redesignated par. (3) as (2), and struck out
former par. (2) which read as follows: ‘‘the extraction of
coal for commercial purposes where the surface mining
operation affects two acres or less; and’’.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 201(b)–(e) of Pub. L. 100–34 provided that:
‘‘(b) EFFECTIVE DATE FOR NEW OPERATIONS.—The
amendments made by this section [amending this section] shall take effect on the date 30 days after the enactment of this Act [May 7, 1987] with respect to each
operator commencing surface coal mining operations
on or after such date.
‘‘(c) EFFECTIVE DATE FOR EXISTING OPERATIONS.—The
amendments made by this section shall take effect on
the date 6 months after the enactment of this Act with
respect to each operator commencing surface coal mining operations pursuant to an authorization under
State law before the date 30 days after the enactment
of this Act. Nothing in this Act [amending this section
and section 1232 of this title] shall preclude reclamation activities pursuant to State law or regulations at
the site of any surface coal mine which was exempt
from the Surface Mining Control and Reclamation Act
of 1977 [30 U.S.C. 1201 et seq.] under section 528(2) of
that Act [30 U.S.C. 1278(2)], as in effect before the enactment of this Act.
‘‘(d) EFFECT ON STATE LAW.—To the extent that any
provision of a State law, or of a State regulation,
adopted pursuant to the exception under section 528(2)
of the Surface Mining Control and Reclamation Act of
1977 as in effect before the enactment of this Act, is inconsistent with the amendments made by this section,
such provision shall be of no further force and effect
after the effective date of such amendments.
‘‘(e) DEFINITION.—For purposes of this section, the
term ‘surface coal mining operations’ has the meaning
provided by section 701(28) of the Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1291(28)].’’

§ 1279. Anthracite coal mines
(a) The Secretary is authorized to and shall
issue separate regulations according to time
schedules established in this chapter for anthracite coal surface mines, if such mines are regulated by environmental protection standards of
the State in which they are located. Such alternative regulations shall adopt, in each instance,
the environmental protection provisions of the
State regulatory program in existence on August 3, 1977, in lieu of sections 1265 and 1266 of
this title. Provisions of sections 1259 and 1269 of
this title are applicable except for specified bond
limits and period of revegetation responsibility.
All other provisions of this chapter apply and
the regulation issued by the Secretary of Interior for each State anthracite regulatory program shall so reflect: Provided, however, That
upon amendment of a State’s regulatory program for anthracite mining or regulations
thereunder in force in lieu of the above-cited
sections of this chapter, the Secretary shall
issue such additional regulations as necessary to
meet the purposes of this chapter.

§ 1281

(b) Omitted.
(Pub. L. 95–87, title V, § 529, Aug. 3, 1977, 91 Stat.
514.)
CODIFICATION
Subsec. (b) of this section, which required the Secretary of the Interior to report to Congress biennially
on the effectiveness of State anthracite regulatory programs operating in conjunction with this chapter with
respect to protecting the environment, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance. See, also, page 109 of
House Document No. 103–7.

SUBCHAPTER VI—DESIGNATION OF LANDS
UNSUITABLE FOR NONCOAL MINING
§ 1281. Designation procedures
(a) Review of Federal land areas for unsuitability for noncoal mining
With respect to Federal lands within any
State, the Secretary of Interior may, and if so
requested by the Governor of such State shall,
review any area within such lands to assess
whether it may be unsuitable for mining operations for minerals or materials other than coal,
pursuant to the criteria and procedures of this
section.
(b) Criteria considered in determining designations
An area of Federal land may be designated
under this section as unsuitable for mining operations if (1) such area consists of Federal land of
a predominantly urban or suburban character,
used primarily for residential or related purposes, the mineral estate of which remains in
the public domain, or (2) such area consists of
Federal land where mining operations would
have an adverse impact on lands used primarily
for residential or related purposes.
(c) Petition for exclusion; contents; hearing; temporary land withdrawal
Any person having an interest which is or may
be adversely affected shall have the right to petition the Secretary to seek exclusion of an area
from mining operations pursuant to this section
or the redesignation of an area or part thereof as
suitable for such operations. Such petition shall
contain allegations of fact with supporting evidence which would tend to substantiate the allegations. The petitioner shall be granted a hearing within a reasonable time and finding with
reasons therefor upon the matter of their petition. In any instance where a Governor requests
the Secretary to review an area, or where the
Secretary finds the national interest so requires, the Secretary may temporarily withdraw
the area to be reviewed from mineral entry or
leasing pending such review: Provided, however,
That such temporary withdrawal be ended as
promptly as practicable and in no event shall
exceed two years.
(d) Limitation on designations; rights preservation; regulations
In no event is a land area to be designated unsuitable for mining operations under this section on which mining operations are being conducted prior to the holding of a hearing on such

§ 1291

TITLE 30—MINERAL LANDS AND MINING

petition in accordance with subsection (c) of
this section. Valid existing rights shall be preserved and not affected by such designation.
Designation of an area as unsuitable for mining
operations under this section shall not prevent
subsequent mineral exploration of such area, except that such exploration shall require the
prior written consent of the holder of the surface estate, which consent shall be filed with the
Secretary. The Secretary may promulgate, with
respect to any designated area, regulations to
minimize any adverse effects of such exploration.
(e) Statement
Prior to any designation pursuant to this section, the Secretary shall prepare a detailed
statement on (i) the potential mineral resources
of the area, (ii) the demand for such mineral resources, and (iii) the impact of such designation
or the absence of such designation on the environment, economy, and the supply of such mineral resources.
(f) Area withdrawal
When the Secretary designates an area of Federal lands as unsuitable for all or certain types
of mining operations for minerals and materials
other than coal pursuant to this section he may
withdraw such area from mineral entry or leasing, or condition such entry or leasing so as to
limit such mining operations in accordance with
his determination, if the Secretary also determines, based on his analysis pursuant to subsection (e) of this section, that the benefits resulting from such designation would be greater
than the benefits to the regional or national
economy which could result from mineral development of such area.
(g) Right to appeal
Any party with a valid legal interest who has
appeared in the proceedings in connection with
the Secretary’s determination pursuant to this
section and who is aggrieved by the Secretary’s
decision (or by his failure to act within a reasonable time) shall have the right of appeal for
review by the United States district court for
the district in which the pertinent area is located.
(Pub. L. 95–87, title VI, § 601, Aug. 3, 1977, 91 Stat.
515.)
SUBCHAPTER VII—ADMINISTRATIVE AND
MISCELLANEOUS PROVISIONS
§ 1291. Definitions
For the purposes of this chapter—
(1) ‘‘alluvial valley floors’’ means the unconsolidated stream laid deposits holding streams
where water availability is sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas
which are generally overlain by a thin veneer
of colluvial deposits composed chiefly of debris from sheet erosion, deposits by unconcentrated runoff or slope wash, together with
talus, other mass movement accumulation and
windblown deposits;
(2) ‘‘approximate original contour’’ means
that surface configuration achieved by back-

Page 288

filling and grading of the mined area so that
the reclaimed area, including any terracing or
access roads, closely resembles the general
surface configuration of the land prior to mining and blends into and complements the
drainage pattern of the surrounding terrain,
with all highwalls and spoil piles eliminated;
water impoundments may be permitted where
the regulatory authority determines that they
are in compliance with section 1265(b)(8) of
this title;
(3) ‘‘commerce’’ means trade, traffic, commerce, transportation, transmission, or communication among the several States, or between a State and any other place outside
thereof, or between points in the same State
which directly or indirectly affect interstate
commerce;
(4) ‘‘Federal lands’’ means any land, including mineral interests, owned by the United
States without regard to how the United
States acquired ownership of the land and
without regard to the agency having responsibility for management thereof, except Indian
lands: Provided, That for the purposes of this
chapter lands or mineral interests east of the
one hundredth meridian west longitude owned
by the United States and entrusted to or managed by the Tennessee Valley Authority shall
not be subject to sections 1304 (Surface Owner
Protection) and 1305 (Federal Lessee Protection) of this title.1
(5) ‘‘Federal lands program’’ means a program established by the Secretary pursuant to
section 1273 of this title to regulate surface
coal mining and reclamation operations on
Federal lands;
(6) ‘‘Federal program’’ means a program established by the Secretary pursuant to section
1254 of this title to regulate surface coal mining and reclamation operations on lands within a State in accordance with the requirements of this chapter;
(7) ‘‘fund’’ means the Abandoned Mine Reclamation Fund established pursuant to section
1231 of this title;
(8) ‘‘imminent danger to the health and safety of the public’’ means the existence of any
condition or practice, or any violation of a
permit or other requirement of this chapter in
a surface coal mining and reclamation operation, which condition, practice, or violation
could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or
violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to
the same conditions or practices giving rise to
the peril, would not expose himself or herself
to the danger during the time necessary for
abatement;
(9) ‘‘Indian lands’’ means all lands, including
mineral interests, within the exterior boundaries of any Federal Indian reservation, notwithstanding the issuance of any patent, and
including rights-of-way, and all lands including mineral interests held in trust for or supervised by an Indian tribe;
1 So

in original. The period probably should be a semicolon.

Page 289

TITLE 30—MINERAL LANDS AND MINING

(10) ‘‘Indian tribe’’ means any Indian tribe,
band, group, or community having a governing
body recognized by the Secretary;
(11) ‘‘lands within any State’’ or ‘‘lands
within such State’’ means all lands within a
State other than Federal lands and Indian
lands;
(12) ‘‘Office’’ means the Office of Surface
Mining Reclamation and Enforcement established pursuant to subchapter II;
(13) ‘‘operator’’ means any person, partnership, or corporation engaged in coal mining
who removes or intends to remove more than
two hundred and fifty tons of coal from the
earth by coal mining within twelve consecutive calendar months in any one location;
(14) ‘‘other minerals’’ means clay, stone,
sand, gravel, metalliferous and nonmetalliferous ores, and any other solid material or substances of commercial value excavated in solid
form from natural deposits on or in the earth,
exclusive of coal and those minerals which
occur naturally in liquid or gaseous form;
(15) ‘‘permit’’ means a permit to conduct
surface coal mining and reclamation operations issued by the State regulatory authority pursuant to a State program or by the Secretary pursuant to a Federal program;
(16) ‘‘permit applicant’’ or ‘‘applicant’’
means a person applying for a permit;
(17) ‘‘permit area’’ means the area of land indicated on the approved map submitted by the
operator with his application, which area of
land shall be covered by the operator’s bond as
required by section 1259 of this title and shall
be readily identifiable by appropriate markers
on the site;
(18) ‘‘permittee’’ means a person holding a
permit;
(19) ‘‘person’’ means an individual, partnership, association, society, joint stock company, firm, company, corporation, or other
business organization;
(20) the term ‘‘prime farmland’’ shall have
the same meaning as that previously prescribed by the Secretary of Agriculture on the
basis of such factors as moisture availability,
temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding, and erosion characteristics,
and which historically have been used for intensive agricultural purposes, and as published
in the Federal Register.1
(21) ‘‘reclamation plan’’ means a plan submitted by an applicant for a permit under a
State program or Federal program which sets
forth a plan for reclamation of the proposed
surface coal mining operations pursuant to
section 1258 of this title;
(22) ‘‘regulatory authority’’ means the State
regulatory authority where the State is administering this chapter under an approved
State program or the Secretary where the Secretary is administering this chapter under a
Federal program;
(23) ‘‘Secretary’’ means the Secretary of the
Interior, except where otherwise described;
(24) ‘‘State’’ means a State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, and Guam;

§ 1291

(25) ‘‘State program’’ means a program established by a State pursuant to section 1253
of this title to regulate surface coal mining
and reclamation operations, on lands within
such State in accord with the requirements of
this chapter and regulations issued by the Secretary pursuant to this chapter;
(26) ‘‘State regulatory authority’’ means the
department or agency in each State which has
primary responsibility at the State level for
administering this chapter;
(27) ‘‘surface coal mining and reclamation
operations’’ means surface mining operations
and all activities necessary and incident to
the reclamation of such operations after August 3, 1977;
(28) ‘‘surface coal mining operations’’
means—
(A) activities conducted on the surface of
lands in connection with a surface coal mine
or subject to the requirements of section
1266 of this title surface operations and surface impacts incident to an underground
coal mine, the products of which enter commerce or the operations of which directly or
indirectly affect interstate commerce. Such
activities include excavation for the purpose
of obtaining coal including such common
methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area
mining, the uses of explosives and blasting,
and in situ distillation or retorting, leaching
or other chemical or physical processing,
and the cleaning, concentrating, or other
processing or preparation, loading of coal for
interstate commerce at or near the mine
site: Provided, however, That such activities
do not include the extraction of coal incidental to the extraction of other minerals
where coal does not exceed 162⁄3 per centum
of the tonnage of minerals removed for purposes of commercial use or sale or coal explorations subject to section 1262 of this
title; and
(B) the areas upon which such activities
occur or where such activities disturb the
natural land surface. Such areas shall also
include any adjacent land the use of which is
incidental to any such activities, all lands
affected by the construction of new roads or
the improvement or use of existing roads to
gain access to the site of such activities and
for haulage, and excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas
and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities; and 2
(29) ‘‘unwarranted failure to comply’’ means
the failure of a permittee to prevent the occurrence of any violation of his permit or any
requirement of this chapter due to indifference, lack of diligence, or lack of reasonable
care, or the failure to abate any violation of
2 So

in original. The word ‘‘and’’ probably should not appear.

TITLE 30—MINERAL LANDS AND MINING

§ 1292

such permit or the chapter due to indifference,
lack of diligence, or lack of reasonable care;
(30) ‘‘lignite coal’’ means consolidated lignitic coal having less than 8,300 British thermal units per pound, moist and mineral matter free;
(31) the term ‘‘coal laboratory’’, as used in
subchapter VIII, means a university coal research laboratory established and operated
pursuant to a designation made under section
1311 of this title;
(32) the term ‘‘institution of higher education’’ as used in subchapters VIII and IX,
means any such institution as defined by section 1001 3 of title 20;
(33) the term ‘‘unanticipated event or condition’’ as used in section 1260(e) of this title
means an event or condition encountered in a
remining operation that was not contemplated
by the applicable surface coal mining and reclamation permit; and
(34) the term ‘‘lands eligible for remining’’
means those lands that would otherwise be eligible for expenditures under section 1234 of
this title or under section 1232(g)(4) of this
title.
(Pub. L. 95–87, title VII, § 701, Aug. 5, 1977, 91
Stat. 516; Pub. L. 102–486, title XXV, § 2503(c),
Oct. 24, 1992, 106 Stat. 3103; Pub. L. 105–244, title
I, § 102(a)(10), Oct. 7, 1998, 112 Stat. 1620.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 95–87, Aug. 3, 1977, 91 Stat.
445, which enacted this chapter and amended section
1114 of Title 18, Crimes and Criminal Procedure. For
complete classification of this Act to the Code, see
Short Title note set out under section 1201 of this title
and Tables.
Section 1001 of title 20, referred to in par. (32), was in
the original ‘‘section 101 of the Higher Education Act of
1968’’ and was translated as reading ‘‘section 101 of the
Higher Education Act of 1965’’, meaning section 101 of
Pub. L. 89–329, to reflect the probable intent of Congress because section 101 was added to the Higher Education Act of 1965 by Pub. L. 105–244.
AMENDMENTS
1998—Par. (32). Pub. L. 105–244 substituted ‘‘section
1001’’ for ‘‘section 1141(a)’’.
1992—Pars. (33), (34). Pub. L. 102–486 added pars. (33)
and (34).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–244 effective Oct. 1, 1998,
except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section
1001 of Title 20, Education.

§ 1292. Other Federal laws
(a) Construction of chapter as superseding,
amending, modifying, or repealing certain
laws
Nothing in this chapter shall be construed as
superseding, amending, modifying, or repealing
the Mining and Minerals Policy Act of 1970 (30
U.S.C. 21a), the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–47), or any of the following Acts or with any rule or regulation promulgated thereunder, including, but not limited
to—
3 See

References in Text note below.

Page 290

(1) The Federal Metal and Nonmetallic Mine
Safety Act (30 U.S.C. 721–740).
(2) The Federal Coal Mine Health and Safety
Act of 1969 (83 Stat. 742) [30 U.S.C. 801 et seq.].
(3) The Federal Water Pollution Control Act
(79 Stat. 903), as amended [33 U.S.C. 1251 et
seq.], the State laws enacted pursuant thereto,
or other Federal laws relating to preservation
of water quality.
(4) The Clean Air Act, as amended [42 U.S.C.
7401 et seq.].
(5) The Solid Waste Disposal Act [42 U.S.C.
6901 et seq.].
(6) The Refuse Act of 1899 (33 U.S.C. 407).
(7) The Fish and Wildlife Coordination Act of
1934 (16 U.S.C. 661–666c).
(8) The Mineral Leasing Act of 1920, as
amended (30 U.S.C. 181 et seq.).
(b) Effect on authority of Secretary or heads of
other Federal agencies
Nothing in this chapter shall affect in any way
the authority of the Secretary or the heads of
other Federal agencies under other provisions of
law to include in any lease, license, permit, contract, or other instrument such conditions as
may be appropriate to regulate surface coal
mining and reclamation operations on land
under their jurisdiction.
(c) Cooperation
To the greatest extent practicable each Federal agency shall cooperate with the Secretary
and the States in carrying out the provisions of
this chapter.
(d) Major Federal action
Approval of the State programs, pursuant to
section 1253(b) of this title, promulgation of Federal programs, pursuant to section 1254 of this
title, and implementation of the Federal lands
programs, pursuant to section 1273 of this title,
shall not constitute a major action within the
meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
Adoption of regulations under section 1251(b) of
this title shall constitute a major action within
the meaning of section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C.
4332).
(Pub. L. 95–87, title VII, § 702, Aug. 3, 1977, 91
Stat. 519.)
REFERENCES IN TEXT
The Mining and Minerals Policy Act of 1970 (30 U.S.C.
21a), referred to in subsec. (a), is Pub. L. 91–631, Dec. 31,
1970, 84 Stat. 1876, which enacted section 21a of this
title and provisions set out as a note under section 21a
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 21a
of this title and Tables.
The National Environmental Policy Act of 1969 (42
U.S.C. 4321–47), referred to in subsec. (a), is Pub. L.
91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
classified generally to chapter 55 (§ 4321 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 4321 of Title 42 and Tables.
The Federal Metal and Nonmetallic Mine Safety Act
(30 U.S.C. 721–740), referred to in subsec. (a)(1), is Pub.
L. 89–577, Sept. 16, 1966, 80 Stat. 772, which was classified generally to chapter 21 (§ 721 et seq.) of this title
and was repealed by Pub. L. 95–164, title III, § 306(a),
Nov. 9, 1977, 91 Stat. 1322.

Page 291

TITLE 30—MINERAL LANDS AND MINING

The Federal Coal Mine Health and Safety Act of 1969
(83 Stat. 742), referred to in subsec. (a)(2), is Pub. L.
91–173, Dec. 30, 1969, 83 Stat. 742, as amended, which was
redesignated the Federal Mine Safety and Health Act of
1977 by Pub. L. 95–164, title I, § 101, Nov. 9, 1977, 91 Stat.
1290, and is classified principally to chapter 22 (§ 801 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 801 of this title and Tables.
The Federal Water Pollution Control Act (79 Stat.
903), referred to in subsec. (a)(3), is act June 30, 1948, ch.
758, 62 Stat. 1155, as amended generally by Pub. L.
92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified
generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set
out under section 1251 of Title 33 and Tables.
The Clean Air Act, referred to in subsec. (a)(4), is act
July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is
classified generally to chapter 85 (§ 7401 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 7401 of Title 42 and Tables.
The Solid Waste Disposal Act (42 U.S.C. 3251–3259), referred to in subsec. (a)(5), is title II of Pub. L. 89–272,
Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub.
L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42.
For complete classification of this Act to the Code, see
Short Title note set out under section 6901 of Title 42
and Tables.
The Refuse Act of 1899 (33 U.S.C. 407), referred to in
subsec. (a)(6), probably means act Mar. 3, 1899, ch. 425,
§ 13, 30 Stat. 1152, which enacted section 407 of Title 33,
Navigation and Navigable Waters.
The Fish and Wildlife Coordination Act of 1934 (16
U.S.C. 661–666c), referred to in subsec. (a)(7), is act Mar.
10, 1934, ch. 55, 48 Stat. 401, as amended, known as the
Fish and Wildlife Coordination Act, which is classified
generally to sections 661 to 666c of Title 16, Conservation. For complete classification of this Act to the
Code, see Short Title note set out under section 661 of
Title 16 and Tables.
The Mineral Leasing Act of 1920, as amended (30
U.S.C. 181 et seq.), referred to in subsec. (a)(8), is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as
the Mineral Leasing Act, which is classified generally
to chapter 3A (§ 181 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 181 of this title and Tables.

§ 1293. Employee protection
(a) Retaliatory practices prohibited
No person shall discharge, or in any other way
discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason
of the fact that such employee or representative
has filed, instituted, or caused to be filed or instituted any proceeding under this chapter, or
has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this chapter.
(b) Review by Secretary; investigation; notice;
hearing; findings of fact; judicial review
Any employee or a representative of employees who believes that he has been fired or otherwise discriminated against by any person in violation of subsection (a) of this section may,
within thirty days after such alleged violation
occurs, apply to the Secretary for a review of
such firing or alleged discrimination. A copy of
the application shall be sent to the person or operator who will be the respondent. Upon receipt
of such application, the Secretary shall cause

§ 1295

such investigation to be made as he deems appropriate. Such investigation shall provide an
opportunity for a public hearing at the request
of any party to such review to enable the parties
to present information relating to the alleged
violation. The parties shall be given written notice of the time and place of the hearing at least
five days prior to the hearing. Any such hearing
shall be of record and shall be subject to section
554 of title 5. Upon receiving the report of such
investigation the Secretary shall make findings
of fact. If he finds that a violation did occur, he
shall issue a decision incorporating therein his
findings and an order requiring the party committing the violation to take such affirmative
action to abate the violation as the Secretary
deems appropriate, including, but not limited
to, the rehiring or reinstatement of the employee or representative of employees to his
former position with compensation. If he finds
that there was no violation, he will issue a finding. Orders issued by the Secretary under this
subsection shall be subject to judicial review in
the same manner as orders and decisions of the
Secretary are subject to judicial review under
this chapter.
(c) Costs
Whenever an order is issued under this section
to abate any violation, at the request of the applicant a sum equal to the aggregate amount of
all costs and expenses (including attorneys’ fees)
to have been reasonably incurred by the applicant for, or in connection with, the institution
and prosecution of such proceedings, shall be assessed against the persons committing the violation.
(Pub. L. 95–87, title VII, § 703, Aug. 3, 1977, 91
Stat. 520.)
§ 1294. Penalty
Any person who shall, except as permitted by
law, willfully resist, prevent, impede, or interfere with the Secretary or any of his agents in
the performance of duties pursuant to this chapter shall be punished by a fine of not more than
$5,000 or by imprisonment for not more than one
year, or both.
(Pub. L. 95–87, title VII, § 704, Aug. 3, 1977, 91
Stat. 520.)
CODIFICATION
Section 704 of Pub. L. 95–87 also amended section 1114
of Title 18, Crimes and Criminal Procedure.

§ 1295. Grants to States
(a) Assisting any State in development, administration, and enforcement of State programs
under this chapter
The Secretary is authorized to make annual
grants to any State for the purpose of assisting
such State in developing, administering, and enforcing State programs under this chapter. Except as provided in subsection (c) of this section,
such grants shall not exceed 80 per centum of
the total costs incurred during the first year, 60
per centum of total costs incurred during the
second year, and 50 per centum of the total costs
incurred during each year thereafter.

§ 1296

TITLE 30—MINERAL LANDS AND MINING

(b) Assisting any State in development, administration, and enforcement of its State programs
The Secretary is authorized to cooperate with
and provide assistance to any State for the purpose of assisting it in the development, administration, and enforcement of its State programs.
Such cooperation and assistance shall include—
(1) technical assistance and training including provision of necessary curricular and instruction materials, in the development, administration, and enforcement of the State
programs; and
(2) assistance in preparing and maintaining
a continuing inventory of information on surface coal mining and reclamation operations
for each State for the purposes of evaluating
the effectiveness of the State programs. Such
assistance shall include all Federal departments and agencies making available data relevant to surface coal mining and reclamation
operations and to the development, administration, and enforcement of State programs
concerning such operations.
(c) Increases in annual grants
If, in accordance with section 1273(d) of this
title, a State elects to regulate surface coal
mining and reclamation operations on Federal
lands, the Secretary may increase the amount of
the annual grants under subsection (a) of this
section by an amount which he determines is approximately equal to the amount the Federal
Government would have expended for such regulation if the State had not made such election.
(Pub. L. 95–87, title VII, § 705, Aug. 3, 1977, 91
Stat. 520.)
§ 1296. Annual report to President and Congress
The Secretary shall submit annually to the
President and the Congress a report concerning
activities conducted by him, the Federal Government, and the States pursuant to this chapter. Among other matters, the Secretary shall
include in such report recommendations for additional administrative or legislative action as
he deems necessary and desirable to accomplish
the purposes of this chapter.
(Pub. L. 95–87, title VII, § 706, Aug. 3, 1977, 91
Stat. 521.)

Page 292

§ 1298. Alaskan surface coal mine study
(a) Contract with National Academy of SciencesNational Academy of Engineering
The Secretary is directed to contract to such
extent or in such amounts as are provided in advance in appropriation Acts with the National
Academy of Sciences-National Academy of Engineering for an in-depth study of surface coal
mining conditions in the State of Alaska in
order to determine which, if any, of the provisions of this chapter should be modified with respect to surface coal mining operations in Alaska.
(b) Report to President and Congress
The Secretary shall report on the findings of
the study to the President and Congress no later
than two years after August 3, 1977.
(c) Draft of legislation
The Secretary shall include in his report a
draft of legislation to implement any changes
recommended to this chapter.
(d) Modification of applicability of environmental protection provisions of this chapter
to surface coal mining operations in Alaska;
publication in Federal Register; hearing
Until one year after the Secretary has made
this report to the President and Congress, or
three years after August 3, 1977, whichever
comes first, the Secretary is authorized to modify the applicability of any environmental protection provision of this chapter, or any regulation issued pursuant thereto, to any surface coal
mining operation in Alaska from which coal has
been mined during the year preceding August 3,
1977, if he determines that it is necessary to insure the continued operation of such surface
coal mining operation. The Secretary may exercise this authority only after he has (1) published notice of proposed modification in the
Federal Register and in a newspaper of general
circulation in the area of Alaska in which the
affected surface coal mining operation is located, and (2) held a public hearing on the proposed modification in Alaska.

§ 1297. Separability

(e) Interim regulations
In order to allow new mines in Alaska to continue orderly development, the Secretary is authorized to issue interim regulations pursuant
to section 1251(b) of this title including those
modifications to the environmental standards as
required based on the special physical, hydrological and climatic conditions in Alaska but
with the purpose of protecting the environment
to an extent equivalent to those standards for
the other coal regions.

If any provision of this chapter or the applicability thereof to any person or circumstances is
held invalid, the remainder of this chapter and
the application of such provision to other persons or circumstances shall not be affected
thereby.

(f) Authorization of appropriations
There is authorized to be appropriated for the
purpose of this section $250,000: Provided, That
no new budget authority is authorized to be appropriated for fiscal year 1977.

(Pub. L. 95–87, title VII, § 707, Aug. 3, 1977, 91
Stat. 521.)

(Pub. L. 95–87, title VII, § 708, Aug. 3, 1977, 91
Stat. 521.)

TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in this section relating to requirement to submit a report annually to Congress, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 109 of House
Document No. 103–7.

Page 293

TITLE 30—MINERAL LANDS AND MINING

§ 1299. Study of reclamation standards for surface mining of other minerals
(a) Contract with National Academy of SciencesNational Academy of Engineering; requirements
The Chairman of the Council on Environmental Quality is directed to contract to such
extent or in such amounts as are provided in appropriation Acts with the National Academy of
Sciences-National Academy of Engineering,
other Government agencies or private groups as
appropriate, for an in-depth study of current and
developing technology for surface and open pit
mining and reclamation for minerals other than
coal designed to assist in the establishment of
effective and reasonable regulation of surface
and open pit mining and reclamation for minerals other than coal. The study shall—
(1) assess the degree to which the requirements of this chapter can be met by such technology and the costs involved;
(2) identify areas where the requirements of
this chapter cannot be met by current and developing technology;
(3) in those instances describe requirements
most comparable to those of this chapter
which could be met, the costs involved, and
the differences in reclamation results between
these requirements and those of this chapter;
and
(4) discuss alternative regulatory mechanisms designed to insure the achievement of
the most beneficial postmining land use for
areas affected by surface and open pit mining.
(b) Submittal of study with legislative recommendation to President and Congress
The study together with specific legislative
recommendations shall be submitted to the
President and the Congress no later than eighteen months after August 3, 1977: Provided, That,
with respect to surface or open pit mining for
sand and gravel the study shall be submitted no
later than twelve months after August 3, 1977:
Provided further, That with respect to mining for
oil shale and tar sands that a preliminary report
shall be submitted no later than twelve months
after August 3, 1977.
(c) Authorization of appropriations
There are authorized to be appropriated for
the purpose of this section $500,000: Provided,
That no new budget authority is authorized to
be appropriated for fiscal year 1977.
(Pub. L. 95–87, title VII, § 709, Aug. 3, 1977, 91
Stat. 522.)
§ 1300. Indian lands
(a) Study of regulation of surface mining; consultation with tribe; proposed legislation
The Secretary is directed to study the question of the regulation of surface mining on Indian lands which will achieve the purpose of this
chapter and recognize the special jurisdictional
status of these lands. In carrying out this study
the Secretary shall consult with Indian tribes.
The study report shall include proposed legislation designed to allow Indian tribes to elect to
assume full regulatory authority over the administration and enforcement of regulation of
surface mining of coal on Indian lands.

§ 1300

(b) Submittal of study to Congress
The study report required by subsection (a) of
this section together with drafts of proposed legislation and the view of each Indian tribe which
would be affected shall be submitted to the Congress as soon as possible but not later than January 1, 1978.
(c) Compliance with interim environmental protection standards of this chapter
On and after one hundred and thirty-five days
from August 3, 1977, all surface coal mining operations on Indian lands shall comply with requirements at least as stringent as those imposed by subsections (b)(2), (b)(3), (b)(5), (b)(10),
(b)(13), (b)(19), and (d) of section 1265 of this title
and the Secretary shall incorporate the requirements of such provisions in all existing and new
leases issued for coal on Indian lands.
(d) Compliance with permanent environmental
protection standards of this chapter
On and after thirty months from August 3,
1977, all surface coal mining operations on Indian lands shall comply with requirements at
least as stringent as those imposed by sections
1257, 1258, 1259, 1260, 1265, 1266, 1267, and 1269 of
this title and the Secretary shall incorporate
the requirements of such provisions in all existing and new leases issued for coal on Indian
lands.
(e) Inclusion and enforcement of terms and conditions of leases
With respect to leases issued after August 3,
1977, the Secretary shall include and enforce
terms and conditions in addition to those required by subsections (c) and (d) of this section
as may be requested by the Indian tribe in such
leases.
(f) Approval of changes in terms and conditions
of leases
Any change required by subsection (c) or (d) of
this section in the terms and conditions of any
coal lease on Indian lands existing on August 3,
1977, shall require the approval of the Secretary.
(g) Participation of tribes
The Secretary shall provide for adequate participation by the various Indian tribes affected
in the study authorized in this section and not
more than $700,000 of the funds authorized in
section 1302(a) of this title shall be reserved for
this purpose.
(h) Jurisdictional status
The Secretary shall analyze and make recommendations regarding the jurisdictional status
of Indian Lands 1 outside the exterior boundaries
of Indian reservations: Provided, That nothing in
this chapter shall change the existing jurisdictional status of Indian Lands.1
(i) Grants
The Secretary shall make grants to the Navajo, Hopi, Northern Cheyenne, and Crow tribes
to assist such tribes in developing regulations
and programs for regulating surface coal mining
and reclamation operations on Indian lands.
Grants made under this subsection shall be used
1 So

in original. Probably should be ‘‘lands’’.

§ 1301

TITLE 30—MINERAL LANDS AND MINING

to establish an office of surface mining regulation for each such tribe. Each such office shall—
(1) develop tribal regulations and program
policies with respect to surface mining;
(2) assist the Office of Surface Mining Reclamation and Enforcement established by section 1211 of this title in the inspection and enforcement of surface mining activities on Indian lands, including, but not limited to, permitting, mine plan review, and bond release;
and
(3) sponsor employment training and education in the area of mining and mineral resources.
(j) Tribal regulatory authority
(1) Tribal regulatory programs
(A) In general
Notwithstanding any other provision of
law, an Indian tribe may apply for, and obtain the approval of, a tribal program under
section 1253 of this title regulating in whole
or in part surface coal mining and reclamation operations on reservation land under
the jurisdiction of the Indian tribe using the
procedures of section 1254(e) of this title.
(B) References to State
For purposes of this subsection and the implementation and administration of a tribal
program under subchapter V, any reference
to a ‘‘State’’ in this chapter shall be considered to be a reference to a ‘‘tribe’’.
(2) Conflicts of interest
(A) In general
The fact that an individual is a member of
an Indian tribe does not in itself constitute
a violation of section 1211(f) of this title.
(B) Employees of tribal regulatory authority
Any employee of a tribal regulatory authority shall not be eligible for a per capita
distribution of any proceeds from coal mining operations conducted on Indian reservation lands under this chapter.
(3) Sovereign immunity
To receive primary regulatory authority
under section 1254(e) of this title, an Indian
tribe shall waive sovereign immunity for purposes of section 1270 of this title and paragraph (4).
(4) Judicial review
(A) Civil actions
(i) In general
After exhausting all tribal remedies with
respect to a civil action arising under a
tribal program approved under section
1254(e) of this title, an interested party
may file a petition for judicial review of
the civil action in the United States circuit court for the circuit in which the surface coal mining operation named in the
petition is located.
(ii) Scope of review
(I) Questions of law
The United States circuit court shall
review de novo any questions of law
under clause (i).

Page 294

(II) Findings of fact
The United States circuit court shall
review findings of fact under clause (i)
using a clearly erroneous standard.
(B) Criminal actions
Any criminal action brought under section
1268 of this title with respect to surface coal
mining or reclamation operations on Indian
reservation lands shall be brought in—
(i) the United States District Court for
the District of Columbia; or
(ii) the United States district court in
which the criminal activity is alleged to
have occurred.
(5) Grants
(A) In general
Except as provided in subparagraph (B),
grants for developing, administering, and enforcing tribal programs approved in accordance with section 1254(e) of this title shall be
provided to an Indian tribe in accordance
with section 1295 of this title.
(B) Exception
Notwithstanding subparagraph (A), the
Federal share of the costs of developing, administering, and enforcing an approved tribal program shall be 100 percent.
(6) Report
Not later than 18 months after the date on
which a tribal program is approved under subsection (e) of section 1254 of this title, the Secretary shall submit to the appropriate committees of Congress a report, developed in cooperation with the applicable Indian tribe, on
the tribal program that includes a recommendation of the Secretary on whether primary regulatory authority under that subsection should be expanded to include additional Indian lands.
(Pub. L. 95–87, title VII, § 710, Aug. 3, 1977, 91
Stat. 523; Pub. L. 102–486, title XXV, § 2514, Oct.
24, 1992, 106 Stat. 3112; Pub. L. 109–432, div. C,
title II, § 209, Dec. 20, 2006, 120 Stat. 3019.)
AMENDMENTS
2006—Subsec. (i). Pub. L. 109–432, § 209(b), struck out
‘‘, except that nothing in this subsection may be construed as providing such tribes with the authorities set
forth under section 1253 of this title’’ after ‘‘Indian
lands’’ in introductory provisions.
Subsec. (j). Pub. L. 109–432, § 209(a), added subsec. (j).
1992—Subsec. (i). Pub. L. 102–486 added subsec. (i).

§ 1301. Environmental practices
In order to encourage advances in mining and
reclamation practices or to allow post-mining
land use for industrial, commercial, residential,
or public use (including recreational facilities),
the regulatory authority with approval by the
Secretary may authorize departures in individual cases on an experimental basis from the environmental protection performance standards
promulgated under sections 1265 and 1266 of this
title. Such departures may be authorized if (i)
the experimental practices are potentially more
or at least as environmentally protective, during and after mining operations, as those required by promulgated standards; (ii) the mining

Page 295

TITLE 30—MINERAL LANDS AND MINING

operations approved for particular land-use or
other purposes are not larger or more numerous
than necessary to determine the effectiveness
and economic feasibility of the experimental
practices; and (iii) the experimental practices do
not reduce the protection afforded public health
and safety below that provided by promulgated
standards.
(Pub. L. 95–87, title VII, § 711, Aug. 3, 1977, 91
Stat. 523.)
§ 1302. Authorization of appropriations
There is authorized to be appropriated to the
Secretary for the purposes of this chapter the
following sums; and all such funds appropriated
shall remain available until expended:
(a) For the implementation and funding of sections 1252, 1273, and 1300 of this title, there are
authorized to be appropriated to the Secretary
of the Interior the sum of $10,000,000 for the fiscal year ending September 30, 1978, $25,000,000 for
each of the two succeeding fiscal years, and in
such fiscal years such additional amounts as
may be necessary for increases in salary, pay,
retirement, other employee benefits authorized
by law, and other nondiscretionary costs.
(b) For the implementation and funding of section 1257(c) of this title, see the provisions of
section 1231(c)(9) of this title.
(c) For the implementation and funding of section 1295 of this title and for the administrative
and other purposes of this chapter, except as
otherwise provided for in this chapter, authorization is provided for the sum of $20,000,000 for
the fiscal year ending September 30, 1978, and
$30,000,000 for each of the two succeeding fiscal
years and such funds that are required thereafter.
(d) In order that the implementation of the requirements of this chapter may be initiated in a
timely and orderly manner, the Secretary is authorized, subject to the approval of the appropriation Committees of the House and of the
Senate, to utilize not to exceed $2,000,000 of the
appropriations otherwise available to him for
the fiscal year ending September 30, 1977, for the
administration and other purposes of this chapter.
(Pub. L. 95–87, title VII, § 712, Aug. 3, 1977, 91
Stat. 524; Pub. L. 95–343, § 1, Aug. 11, 1978, 92
Stat. 473; Pub. L. 101–508, title VI, § 6012(b), Nov.
5, 1990, 104 Stat. 1388–298; Pub. L. 109–432, div. C,
title II, § 201(b), Dec. 20, 2006, 120 Stat. 3008.)
AMENDMENTS
2006—Subsec. (b). Pub. L. 109–432 substituted
‘‘1231(c)(9)’’ for ‘‘1231(c)(11)’’.
1990—Subsec. (b). Pub. L. 101–508 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ‘‘For the implementation and funding of section
1257(c) of this title there are authorized to be appropriated sums reserved by section 1231(b)(1) of this title
for the purposes of section 1257(c) of this title and such
additional sums as may be necessary (i) for the fiscal
year ending September 30, 1978, to provide an amount
not to exceed $10,000,000 to carry out the purposes of
section 1257(c) of this title and (ii) for the fiscal years
ending September 30, 1979, and September 30, 1980, to
provide an amount not to exceed $25,000,000 to carry out
the purposes of section 1257(c) of this title.’’
1978—Subsec. (a). Pub. L. 95–343, § 1(1), increased authorization from $10,000,000 to $25,000,000 for each of the

§ 1303

two succeeding fiscal years, and inserted provisions authorizing such necessary additional amounts for increases in salary, etc.
Subsec. (b). Pub. L. 95–343, § 1(2), substituted provisions authorizing appropriations of not to exceed
$10,000,000 for fiscal year ending Sept. 30, 1978, and not
to exceed $25,000,000 for each of fiscal years ending
Sept. 30, 1979, and 1980, for provisions authorizing appropriations of not to exceed $10,000,000 and such additional amounts as are necessary for fiscal year ending
Sept. 30, 1978, and for each fiscal year for a period of fifteen fiscal years thereafter.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–508, effective Oct. 1, 1991,
see section 6014 of Pub. L. 101–508 set out as a note
under section 1231 of this title.
CREDITING PERFORMANCE BOND FORFEITURES
Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998,
112 Stat. 2681–231, 2681–244, provided in part that: ‘‘Notwithstanding 31 U.S.C. 3302, an additional amount shall
be credited to this account, to remain available until
expended, from performance bond forfeitures in fiscal
year 1999 and thereafter.’’
COST-BASED FEES FOR PRODUCTS OF MINE MAP
REPOSITORY
Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998,
112 Stat. 2681–231, 2681–244, provided in part that: ‘‘Beginning in fiscal year 1999 and thereafter, cost-based
fees for the products of the Mine Map Repository shall
be established (and revised as needed) in Federal Register Notices, and shall be collected and credited to this
account, to be available until expended for the costs of
administering this program.’’

§ 1303. Coordination of regulatory and inspection
activities
(a) The President shall, to the extent appropriate, and in keeping with the particular enforcement requirements of each Act referred to
herein, insure the coordination of regulatory
and inspection activities among the departments, agencies, and instrumentalities to which
such activities are assigned by this chapter, by
the Clean Air Act [42 U.S.C. 7401 et seq.], by the
Water Pollution Control Act [33 U.S.C. 1251 et
seq.], by the Department of Energy Organization
Act [42 U.S.C. 7101 et seq.], and by existing or
subsequently enacted Federal mine safety and
health laws, except that no such coordination
shall be required with respect to mine safety
and health inspections, advance notice of which
is or may be prohibited by existing or subsequently enacted Federal mine safety and health
laws.
(b) The President may execute the coordination required by this section by means of an Executive order, or by any other mechanism he determines to be appropriate.
(Pub. L. 95–87, title VII, § 713, Aug. 3, 1977, 91
Stat. 524.)
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (a), is act
July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is
classified generally to chapter 85 (§ 7401 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 7401 of Title 42 and Tables.
The Water Pollution Control Act, referred to in subsec. (a), probably means act June 30, 1948, ch. 758, 62
Stat. 1155, known as the Federal Water Pollution Control Act, as amended generally by Pub. L. 92–500, § 2,

§ 1304

TITLE 30—MINERAL LANDS AND MINING

Oct. 18, 1972, 86 Stat. 816, which is classified generally
to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and
Navigable Waters. For complete classification of this
Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.
The Department of Energy Organization Act, referred
to in subsec. (a), is Pub. L. 95–91, Aug. 4, 1977, 91 Stat.
565, as amended, which is classified principally to chapter 84 (§ 7101 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 7101 of
Title 42 and Tables.

§ 1304. Surface owner protection
(a) Applicability
The provisions of this section shall apply
where coal owned by the United States under
land the surface rights to which are owned by a
surface owner as defined in this section is to be
mined by methods other than underground mining techniques.
(b) Lease of coal deposits governed by section
201 of this title
Any coal deposits subject to this section shall
be offered for lease pursuant to section 201(a) of
this title.
(c) Consent to lease by surface owner
The Secretary shall not enter into any lease of
Federal coal deposits until the surface owner
has given written consent to enter and commence surface mining operations and the Secretary has obtained evidence of such consent.
Valid written consent given by any surface
owner prior to August 3, 1977, shall be deemed
sufficient for the purposes of complying with
this section.
(d) Preferences
In order to minimize disturbance to surface
owners from surface coal mining of Federal coal
deposits and to assist in the preparation of comprehensive land-use plans required by section
201(a) of this title, the Secretary shall consult
with any surface owner whose land is proposed
to be included in a leasing tract and shall ask
the surface owner to state his preference for or
against the offering of the deposit under his land
for lease. The Secretary shall, in his discretion
but to the maximum extent practicable, refrain
from leasing coal deposits for development by
methods other than underground mining techniques in those areas where a significant number of surface owners have stated a preference
against the offering of the deposits for lease.
(e) ‘‘Surface owner’’ defined
For the purpose of this section the term ‘‘surface owner’’ means the natural person or persons
(or corporation, the majority stock of which is
held by a person or persons who meet the other
requirements of this section) who—
(1) hold legal or equitable title to the land
surface;
(2) have their principal place of residence on
the land; or personally conduct farming or
ranching operations upon a farm or ranch unit
to be affected by surface coal mining operations; or receive directly a significant portion of their income, if any, from such farming
or ranching operations; and
(3) have met the conditions of paragraphs (1)
and (2) for a period of at least three years prior
to the granting of the consent.

Page 296

In computing the three-year period the Secretary may include periods during which title
was owned by a relative of such person by blood
or marriage during which period such relative
would have met the requirements of this subsection.
(f) Exception
This section shall not apply to Indian lands.
(g) Effect on property rights of United States or
any other landowner
Nothing in this section shall be construed as
increasing or diminishing any property rights
by the United States or by any other landowner.
(Pub. L. 95–87, title VII, § 714, Aug. 3, 1977, 91
Stat. 524.)
§ 1305. Federal lessee protection
In those instances where the coal proposed to
be mined by surface coal mining operations is
owned by the Federal Government and the surface is subject to a lease or a permit issued by
the Federal Government, the application for a
permit shall include either:
(1) the written consent of the permittee or
lessee of the surface lands involved to enter
and commence surface coal mining operations
on such land, or in lieu thereof;
(2) evidence of the execution of a bond or
undertaking to the United States or the State,
whichever is applicable, for the use and benefit
of the permittee or lessee of the surface lands
involved to secure payment of any damages to
the surface estate which the operations will
cause to the crops, or to the tangible improvements of the permittee or lessee of the surface
lands as may be determined by the parties involved, or as determined and fixed in an action
brought against the operator or upon the bond
in a court of competent jurisdiction. This bond
is in addition to the performance bond required for reclamation under this chapter.
(Pub. L. 95–87, title VII, § 715, Aug. 3, 1977, 91
Stat. 525.)
§ 1306. Effect on rights of owner of coal in Alaska
to conduct surface mining operations
Nothing in this chapter shall be construed as
increasing or diminishing the rights of any
owner of coal in Alaska to conduct or authorize
surface coal mining operations for coal which
has been or is hereafter conveyed out of Federal
ownership to the State of Alaska or pursuant to
the Alaska Native Claims Settlement Act [43
U.S.C. 1601 et seq.]: Provided, That such surface
coal mining operations meet the requirements
of this chapter.
(Pub. L. 95–87, title VII, § 716, Aug. 3, 1977, 91
Stat. 526.)
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred
to in text, is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688,
as amended, which is classified generally to chapter 33
(§ 1601 et seq.) of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title
note set out under section 1601 of Title 43 and Tables.

§ 1307. Water rights and replacement
(a) Nothing in this chapter shall be construed
as affecting in any way the right of any person

Page 297

TITLE 30—MINERAL LANDS AND MINING

to enforce or protect, under applicable law, his
interest in water resources affected by a surface
coal mining operation.
(b) The operator of a surface coal mine shall
replace the water supply of an owner of interest
in real property who obtains all or part of his
supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has
been affected by contamination, diminution, or
interruption proximately resulting from such
surface coal mine operation.
(Pub. L. 95–87, title VII, § 717, Aug. 3, 1977, 91
Stat. 526.)
§ 1308. Advance appropriations
Notwithstanding any other provision of this
chapter, no authority to make payments under
this chapter shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts.
(Pub. L. 95–87, title VII, § 718, Aug. 3, 1977, 91
Stat. 526.)
§ 1308a. Use of civil penalty funds to reclaim
lands
In fiscal year 2009 and thereafter, the Secretary of the Interior, pursuant to regulations,
may use directly or through grants to States,
moneys collected for civil penalties assessed
under section 1268 of this title, to reclaim lands
adversely affected by coal mining practices after
August 3, 1977, to remain available until expended.
(Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123
Stat. 712.)
CODIFICATION
Section was enacted as part of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009, and not as part of the Surface
Mining Control and Reclamation Act of 1977 which
comprises this chapter.

§ 1309. Certification and training of blasters
In accordance with this chapter, the Secretary
of the Interior (or the approved State regulatory
authority as provided for in section 1253 of this
title) shall promulgate regulations requiring the
training, examination, and certification of persons engaging in or directly responsible for
blasting or use of explosives in surface coal mining operations.
(Pub. L. 95–87, title VII, § 719, Aug. 3, 1977, 91
Stat. 526.)
§ 1309a. Subsidence
(a) Requirements
Underground coal mining operations conducted after October 24, 1992, shall comply with
each of the following requirements:
(1) Promptly repair, or compensate for, material damage resulting from subsidence
caused to any occupied residential dwelling
and structures related thereto, or non-commercial building due to underground coal mining operations. Repair of damage shall include

§ 1309b

rehabilitation, restoration, or replacement of
the damaged occupied residential dwelling and
structures related thereto, or non-commercial
building. Compensation shall be provided to
the owner of the damaged occupied residential
dwelling and structures related thereto or
non-commercial building and shall be in the
full amount of the diminution in value resulting from the subsidence. Compensation may be
accomplished by the purchase, prior to mining, of a noncancellable premium-prepaid insurance policy.
(2) Promptly replace any drinking, domestic,
or residential water supply from a well or
spring in existence prior to the application for
a surface coal mining and reclamation permit,
which has been affected by contamination,
diminution, or interruption resulting from underground coal mining operations.
Nothing in this section shall be construed to
prohibit or interrupt underground coal mining
operations.
(b) Regulations
Within one year after October 24, 1992, the Secretary shall, after providing notice and opportunity for public comment, promulgate final
regulations to implement subsection (a) of this
section.
(Pub. L. 95–87, title VII, § 720, as added Pub. L.
102–486, title XXV, § 2504(a)(1), Oct. 24, 1992, 106
Stat. 3104.)
REVIEW OF EXISTING REQUIREMENTS AND REPORT TO
CONGRESS
Section 2504(a)(2) of Pub. L. 102–486 directed Secretary
of the Interior to review existing requirements related
to underground coal mine subsidence and natural gas
and petroleum pipeline safety, submit a report detailing results of review to Committee on Energy and Natural Resources of Senate and Committee on Interior
and Insular Affairs of House of Representatives within
18 months of Oct. 24, 1992, and, where appropriate, to
commence a rulemaking to address any deficiencies in
existing law determined in the review regarding notification, coordination and mitigation.

§ 1309b. Research
The Office of Surface Mining Reclamation and
Enforcement is authorized to conduct studies,
research and demonstration projects relating to
the implementation of, and compliance with,
subchapter V of this chapter, and provide technical assistance to states 1 for that purpose.
Prior to approving any such studies, research or
demonstration projects the Director, Office of
Surface Mining Reclamation and Enforcement,
shall first consult with the Director, Bureau of
Mines, and obtain a determination from such Director that the Bureau of Mines is not already
conducting like or similar studies, research or
demonstration projects. Studies, research and
demonstration projects for the purposes of subchapter IV of this chapter shall only be conducted in accordance with section 1231(c)(6) 2 of
this title.
(Pub. L. 95–87, title VII, § 721, as added Pub. L.
102–486, title XXV, § 2504(c)(3), Oct. 24, 1992, 106
Stat. 3105.)
1 So

in original. Probably should be capitalized.
References in Text note below.

2 See

§ 1311

TITLE 30—MINERAL LANDS AND MINING
REFERENCES IN TEXT

Section 1231(c)(6) of this title, referred to in text, was
repealed and paragraph (8) of section 1231(c) was redesignated (6) by Pub. L. 109–432, div. C, title II, § 201(a)(1),
Dec. 20, 2006, 120 Stat. 3006.
CHANGE OF NAME
Bureau of Mines redesignated United States Bureau
of Mines by section 10(b) of Pub. L. 102–285, set out as
a note under section 1 of this title. For provisions relating to closure and transfer of functions of the United
States Bureau of Mines, see Transfer of Functions note
set out under section 1 of this title.

SUBCHAPTER VIII—UNIVERSITY COAL
RESEARCH LABORATORIES
§ 1311. Establishment of university coal research
laboratories
(a) Designation by Secretary of Energy
The Secretary of Energy, after consultation
with the National Academy of Engineering,
shall designate thirteen institutions of higher
education at which university coal research laboratories will be established and operated. Ten
such designations shall be made as provided in
subsection (e) of this section and the remaining
three shall be made in fiscal year 1980.
(b) Criteria
In making designations under this section, the
Secretary of Energy shall consider the following
criteria:
(1) Those ten institutions of higher education designated as provided in subsection (e)
of this section shall be located in a State with
abundant coal reserves.
(2) The institution of higher education shall
have experience in coal research, expertise in
several areas of coal research, and potential or
currently active, outstanding programs in coal
research.
(3) The institution of higher education has
the capacity to establish and operate the coal
laboratories to be assisted under this subchapter.
(c) Location of coal laboratories
Not more than one coal laboratory established
pursuant to this subchapter shall be located in a
single State and at least one coal laboratory
shall be established within each of the major
coal provinces recognized by the United States
Bureau of Mines, including Alaska.
(d) Period for submission of applications for designation; contents
The Secretary of Energy shall establish a period, not in excess of ninety days after August 3,
1977, for the submission of applications for designation under this section. Any institution of
higher education desiring to be designated under
this subchapter shall submit an application to
the Secretary of Energy in such form, at such
time, and containing or accompanied by such information as the Secretary of Energy may reasonably require. Each application shall—
(1) describe the facilities to be established
for coal energy resources and conversion research and research on related environmental
problems including facilities for interdisciplinary academic research projects by the com-

Page 298

bined efforts of specialists such as mining engineers, mineral engineers, geochemists, mineralogists, mineral economists, fuel scientists,
combustion engineers, mineral preparation engineers, coal petrographers, geologists, chemical engineers, civil engineers, mechanical engineers, and ecologists;
(2) set forth a program for the establishment
of a test laboratory for coal characterization
which, in addition, may be used as a site for
the exchange of coal research activities by
representatives of private industry engaged in
coal research and characterization;
(3) set forth a program for providing research and development activities for students
engaged in advanced study in any discipline
which is related to the development of adequate energy supplies in the United States.
The research laboratory shall be associated
with an ongoing educational and research program on extraction and utilization of coal.
(e) Time limit
The Secretary of Energy shall designate the
ten institutions of higher education under this
section not later than ninety days after the date
on which such applications are to be submitted.
(Pub. L. 95–87, title VIII, § 801, Aug. 3, 1977, 91
Stat. 526; Pub. L. 95–617, title VI, § 604(a), (c),
Nov. 9, 1978, 92 Stat. 3166, 3167; Pub. L. 102–285,
§ 10(b), May 18, 1992, 106 Stat. 172.)
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–617, § 604(a), substituted
‘‘The Secretary of Energy’’ for ‘‘The Administrator,
Energy Research and Development Administration
(hereafter referred to as ‘Administrator’ in this subchapter)’’ and ‘‘shall designate thirteen institutions’’
for ‘‘is authorized and directed to designate ten institutions’’ and inserted provision that ten such designations be made as provided in subsection (e) of this section and the remaining three be made in fiscal year
1980.
Subsec. (b). Pub. L. 95–617, § 604(a), (c), substituted in
provisions preceding par. (1) ‘‘Secretary of Energy’’ for
‘‘Administrator’’ and in par. (1) ‘‘Those ten institutions
of higher education designated as provided in subsection (e) of this section’’ for ‘‘The institution of higher education’’.
Subsecs. (d), (e). Pub. L. 95–617, § 604(c), substituted
‘‘Secretary of Energy’’ for ‘‘Administrator’’ wherever
appearing.
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted for
‘‘Bureau of Mines’’ in subsec. (c) pursuant to section
10(b) of Pub. L. 102–285, set out as a note under section
1 of this title. For provisions relating to closure and
transfer of functions of the United States Bureau of
Mines, see Transfer of Functions note set out under
section 1 of this title.

§ 1312. Financial assistance
(a) The Secretary of Energy is authorized to
make grants to any institution of higher education designated under section 1311 of this title
to pay the Federal share of the cost of establishing (including the construction of such facilities
as may be necessary) and maintaining a coal
laboratory.
(b) Each institution of higher education designated pursuant to section 1311 of this title
shall submit an application to the Secretary of
Energy. Each such application shall—

Page 299

TITLE 30—MINERAL LANDS AND MINING

(1) set forth the program to be conducted at
the coal laboratory which includes the purposes set forth in section 1311(d) of this title;
(2) provide assurances that the university
will pay from non-Federal sources the remaining costs of carrying out the program set
forth;
(3) provide such fiscal control and fund accounting procedures as may be necessary to
assure the proper disbursement of and accounting for Federal funds received under this
subchapter;
(4) provide for making an annual report
which shall include a description of the activities conducted at the coal laboratory and an
evaluation of the success of such activities,
and such other necessary reports in such form
and containing such information as the Secretary of Energy may require, and for keeping
such records and affording such access thereto
as may be necessary to assure the correctness
and verification of such reports; and
(5) set forth such policies and procedures as
will insure that Federal funds made available
under this section for any fiscal year will be so
used as to supplement and, to the extent practical, increase the level of funds that would, in
the absence of such Federal funds, be made
available for the purposes of the activities described in subsections (d)(1), (2), and (3) of section 1311 of this title, and in no case supplant
such funds.
(Pub. L. 95–87, title VIII, § 802, Aug. 3, 1977, 91
Stat. 527; Pub. L. 95–617, title VI, § 604(c), Nov. 9,
1978, 92 Stat. 3167.)
AMENDMENTS
1978—Pub. L. 95–617 substituted ‘‘Secretary of Energy’’ for ‘‘Administrator’’ wherever appearing.

§ 1313. Limitation on payments
(a) No institutions of higher education may receive more than $4,000,000 for the construction of
its coal research laboratory, including initially
installed fixed equipment, nor may it receive
more than $1,500,000 for initially installed movable equipment, nor may it receive more than
$500,000 for new program startup expenses.
(b) No institution of higher education may receive more than $1,500,000 per year from the Federal Government for operating expenses.
(Pub. L. 95–87, title VIII, § 803, Aug. 3, 1977, 91
Stat. 528.)
§ 1314. Payments; Federal share of operating expenses
(a) From the amounts appropriated pursuant
to section 1316 of this title, the Secretary of Energy shall pay to each institution of higher education having an application approved under
this subchapter an amount equal to the Federal
share of the cost of carrying out that application. Such payments may be in installments, by
way of reimbursement, or by way of advance
with necessary adjustments on account of underpayments or overpayments.
(b) The Federal share of operating expenses for
any fiscal year shall not exceed 50 per centum of
the cost of the operation of a coal research laboratory.

§ 1315

(Pub. L. 95–87, title VIII, § 804, Aug. 3, 1977, 91
Stat. 528; Pub. L. 95–617, title VI, § 604(c), Nov. 9,
1978, 92 Stat. 3167.)
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–617 substituted ‘‘Secretary of Energy’’ for ‘‘Administrator’’ wherever appearing.

§ 1315. Advisory Council on Coal Research
(a) Establishment; members
There is established an Advisory Council on
Coal Research which shall be composed of—
(1) the Secretary of Energy, who shall be
Chairman;
(2) the Director of the United States Bureau
of Mines of the Department of the Interior;
(3) the President of the National Academy of
Sciences;
(4) the President of the National Academy of
Engineering;
(5) the Director of the United States Geological Survey; and
(6) six members appointed by the Secretary
of Energy from among individuals who, by virtue of experience or training, are knowledgeable in the field of coal research and mining,
and who are representatives of institutions of
higher education, industrial users of coal and
coal-derived fuels, the coal industry, mine
workers, nonindustrial consumer groups, and
institutions concerned with the preservation
of the environment.
(b) Furnishing advice to Secretary of Energy
The Advisory Council shall advise the Secretary of Energy with respect to the general administration of this subchapter, and furnish
such additional advice as he may request.
(c) Annual report to President; transmittal to
Congress
The Advisory Council shall make an annual
report of its findings and recommendations (including recommendations for changes in the
provisions of this subchapter) to the President
not later than December 31 of each calendar
year. The President shall transmit each such report to the Congress.
(d) Compensation and travel expenses
(1) Members of the Council who are not regular officers or employees of the United States
Government shall, while serving on business of
the Council, be entitled to receive compensation
at rates fixed by the Secretary of Energy but
not exceeding the daily rate prescribed for GS18 of the General Schedule under section 5332 of
title 5 and while so serving away from their
homes or regular places of business, they may be
allowed travel expenses, including per diem in
lieu of subsistence, as authorized by section 5703
of title 5 for persons in the Government service
employed intermittently.
(2) Members of the Council who are officers or
employees of the Government shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying
out their duties on the Council.
(e) Alternate members
Whenever a member of the Council appointed
under clauses (1) through (5) is unable to attend

§ 1316

TITLE 30—MINERAL LANDS AND MINING

a meeting, that member shall appoint an appropriate alternate to represent him for that meeting.
(Pub. L. 95–87, title VIII, § 805, Aug. 3, 1977, 91
Stat. 528; Pub. L. 95–617, title VI, § 604(c), Nov. 9,
1978, 92 Stat. 3167; Pub. L. 102–285, § 10(b), May 18,
1992, 106 Stat. 172.)
AMENDMENTS
1978—Pub. L. 95–617 substituted ‘‘Secretary of Energy’’ for ‘‘Administrator’’ wherever appearing.

Page 300

AMENDMENTS
1978—Pub. L. 95–617 designated existing provisions as
subsec. (a), inserted reference to ten institutions referred to in last sentence of section 1311(a) of this title
and substituted provisions authorizing appropriations
for each fiscal year thereafter through the fiscal year
ending before October 1, 1984, for provisions authorizing
appropriations each fiscal year thereafter through the
fiscal year ending June 30, 1983, and added subsec. (b).

SUBCHAPTER IX—ENERGY RESOURCE
GRADUATE FELLOWSHIPS

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.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (c) of this section relating to requirement
that the President transmit each annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set
out as a note under section 1113 of Title 31, Money and
Finance, and page 153 of House Document No. 103–7.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees established after Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of
a committee established by the Congress, its duration
is otherwise provided for by law. See section 14 of Pub.
L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.

§ 1316. Authorization of appropriations
(a) For the ten institutions referred to in the
last sentence of section 1311(a) of this title,
there are authorized to be appropriated not to
exceed $30,000,000 for the fiscal year ending September 30, 1979 (including the cost of construction, equipment, and startup expenses), and not
to exceed $7,500,000 for the fiscal year 1980 and
for each fiscal year thereafter through the fiscal
year ending before October 1, 1984, to carry out
the provisions of this subchapter.
(b) For the three remaining institutions referred to in the last sentence of section 1311(a) of
this title, there are authorized to be appropriated not to exceed $6,500,000 for the fiscal
year 1980 (including the cost of construction,
equipment, and startup expenses), and not to exceed $2,000,000 for each fiscal year after fiscal
year 1980 ending before October 1, 1984, to carry
out the provisions of this subchapter.
(Pub. L. 95–87, title VIII, § 806, Aug. 3, 1977, 91
Stat. 529; Pub. L. 95–617, title VI, § 604(b), Nov. 9,
1978, 92 Stat. 3166.)

§ 1321. Fellowship awards
(a) Graduate study and research in areas of applied science and engineering relating to
production, conservation, and utilization of
fuels and energy
The Secretary of Energy is authorized to
award under the provisions of this subchapter
not to exceed one thousand fellowships for the
fiscal year ending September 30, 1979, and each
of the five succeeding fiscal years. Fellowships
shall be awarded under the provisions of this
subchapter for graduate study and research in
those areas of applied science and engineering
that are related to the production, conservation,
and utilization of fuels and energy. Fellowships
shall be awarded to students in programs leading to master’s degrees. Such fellowships may be
awarded for graduate study and research at any
institution of higher education, library, archive,
or any other research center approved by the
Secretary of Energy after consultation with the
Secretary of Education.
(b) Term
Such fellowships shall be awarded for such periods as the Secretary of Energy may determine,
but not to exceed two years.
(c) Replacement awards
In addition to the number of fellowships authorized to be awarded by subsection (a) of this
section, the Secretary of Energy is authorized to
award fellowships equal to the number previously awarded during any fiscal year under
this subchapter but vacated prior to the end of
the period for which they were awarded; except
that each fellowship awarded under this subsection shall be for such period of graduate work
or research, not in excess of the remainder of
the period for which the fellowship which it replaces was awarded as the Secretary of Energy
may determine.
(Pub. L. 95–87, title IX, § 901, Aug. 3, 1977, 91 Stat.
529; Pub. L. 95–91, title III, § 301(a), title VII,
§§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub.
L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17,
1979, 93 Stat. 677, 692.)
CODIFICATION
In subsec. (a), the words ‘‘(hereafter referred to as
‘Administrator’ in this subchapter),’’ which followed
‘‘Secretary of Energy’’ the first time it appears were
omitted in view of the substitution of ‘‘Secretary of
Energy’’ for ‘‘Administrator ERDA’’ and ‘‘Administrator’’ wherever such terms appear in this subchapter
and the fact that the term ‘‘Secretary’’ is defined for
the purposes of this chapter by section 1291(23) of this
title as meaning the Secretary of the Interior. See
Transfer of Functions note set out below.

Page 301

TITLE 30—MINERAL LANDS AND MINING
TRANSFER OF FUNCTIONS

‘‘Secretary of Energy’’ substituted in text for ‘‘Administrator ERDA’’ and ‘‘Administrator’’, meaning Administrator of Energy Research and Development Administration, pursuant to sections 301(a), 703, and 707 of
Pub. L. 95–91, which are classified to sections 7151(a),
7293, 7297 of Title 42, The Public Health and Welfare,
and which terminated Energy Research and Development Administration and transferred its functions and
functions of Administrator thereof (with certain exceptions) to Secretary of Energy.
‘‘Secretary of Education’’ substituted for ‘‘Commissioner of Education’’ in subsec. (a), pursuant to sections 301(a)(1) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1) and 3507 of Title 20, Education, and which transferred all functions of Commissioner of Education to Secretary of Education.

§ 1322. Fellowship recipients
Recipients of fellowships under this subchapter shall be—
(a) persons who have been accepted by an institution of higher education for graduate
study leading to an advanced degree or for a
professional degree, and
(b) persons who plan a career in the field of
energy resources, production, or utilization.
(Pub. L. 95–87, title IX, § 902, Aug. 3, 1977, 91 Stat.
530.)
§ 1323. Distribution of fellowships
In awarding fellowships under the provisions
of this subchapter, the Secretary of Energy shall
endeavor to provide equitable distribution of
such fellowships throughout the Nation, except
that the Secretary of Energy shall give special
attention to institutions of higher education, libraries, archives, or other research centers
which have a demonstrated capacity to offer
courses of study or research in the field of energy resources and conservation and conversion
and related disciplines. In carrying out his responsibilities under this section, the Secretary
of Energy shall take into consideration the projected need for highly trained engineers and scientists in the field of energy sources.
(Pub. L. 95–87, title IX, § 903, Aug. 3, 1977, 91 Stat.
530; Pub. L. 95–91, title III, § 301(a), title VII,
§§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607.)
TRANSFER OF FUNCTIONS
‘‘Secretary of Energy’’ substituted in text for ‘‘Administrator’’, meaning Administrator of Energy Research and Development Administration, pursuant to
sections 301(a), 703, and 707 of Pub. L. 95–91, which are
classified to sections 7151(a), 7293, 7297 of Title 42, The
Public Health and Welfare, and which terminated Energy Research and Development Administration and
transferred its functions and functions of Administrator thereof (with certain exceptions) to Secretary of
Energy.

§ 1324. Stipends and allowances
(a) Each person awarded a fellowship under
this subchapter shall receive a stipend of not
more than $10,000 for each academic year of
study. An additional amount of $500 for each
such calendar year of study shall be paid to such
person on account of each of his dependents.
(b) In addition to the amount paid to such person pursuant to subsection (a) of this section
there shall be paid to the institution of higher

§ 1327

education at which each such person is pursuing
his course of study, 100 per centum of the
amount paid to such person less the amount
paid on account of such person’s dependents, to
such person less any amount charged such person for tuition.
(Pub. L. 95–87, title IX, § 904, Aug. 3, 1977, 91 Stat.
530.)
§ 1325. Limitation on fellowships
No fellowship shall be awarded under this subchapter for study at a school or department of
divinity. For the purpose of this section, the
term ‘‘school or department of divinity’’ means
an institution or department or branch of an institution, whose program is specifically for the
education of students to prepare them to become ministers of religion or to enter upon some
other religious vocation or to prepare them to
teach theological subjects.
(Pub. L. 95–87, title IX, § 905, Aug. 3, 1977, 91 Stat.
530.)
§ 1326. Fellowship conditions
(a) A person awarded a fellowship under the
provisions of this subchapter shall continue to
receive the payments provided in section 1324(a)
of this title only during such periods as the Secretary of Energy finds that he is maintaining
satisfactory proficiency in, and devoting essentially full time to, study or research in the field
in which such fellowship was awarded, in an institution of higher education, and is not engaging in gainful employment other than part-time
employment in teaching, research, or similar activities, approved by the Secretary of Energy.
(b) The Secretary of Energy shall require reports containing such information in such forms
and to be filed at such times as he determines
necessary from each person awarded a fellowship
under the provisions of this subchapter. Such reports shall be accompanied by a certificate from
an appropriate official at the institution of
higher education, library, archive, or other research center approved by the Secretary of Energy, stating that such person is making satisfactory progress in, and is devoting essentially
full time to the research for which the fellowship was awarded.
(Pub. L. 95–87, title IX, § 906, Aug. 3, 1977, 91 Stat.
530; Pub. L. 95–91, title III, § 301(a), title VII,
§§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607.)
TRANSFER OF FUNCTIONS
‘‘Secretary of Energy’’ substituted in text for ‘‘Administrator’’, meaning Administrator of Energy Research and Development Administration, pursuant to
sections 301(a), 703, and 707 of Pub. L. 95–91, which are
classified to sections 7151(a), 7293, 7297 of Title 42, The
Public Health and Welfare, and which terminated Energy Research and Development Administration and
transferred its functions and functions of Administrator thereof (with certain exceptions) to Secretary of
Energy.

§ 1327. Authorization of appropriations
There are authorized to be appropriated
$11,000,000 for the fiscal year ending September
30, 1979, and for each of the five succeeding fiscal
years. For payments for the initial awarding of

§ 1328

TITLE 30—MINERAL LANDS AND MINING

fellowships awarded under this subchapter,
there are authorized to be appropriated for the
fiscal year ending September 30, 1979, and for
each of the five succeeding fiscal years, such
sums as may be necessary in order that fellowships already awarded might be completed.
(Pub. L. 95–87, title IX, § 907, Aug. 3, 1977, 91 Stat.
531.)
§ 1328. Research, development projects, etc., relating to alternative coal mining technologies
(a) Authority of Secretary of the Interior to conduct, promote, etc.
The Secretary of the Interior is authorized to
conduct and promote the coordination and acceleration of, research, studies, surveys, experiments, demonstration projects, and training relating to—
(1) the development and application of coal
mining technologies which provide alternatives to surface disturbance and which
maximize the recovery of available coal resources, including the improvement of present
underground mining methods, methods for the
return of underground mining wastes to the
mine void, methods for the underground mining of thick coal seams and very deep seams;
and
(2) safety and health in the application of
such technologies, methods, and means.
(b) Contracts and grants
In conducting the activities authorized by this
section, the Secretary of the Interior may enter
into contracts with and make grants to qualified institutions, agencies, organizations, and
persons.
(c) Authorization of appropriations
There are authorized to be appropriated to the
Secretary of the Interior, to carry out the purposes of this section, $35,000,000 for each fiscal
year beginning with the fiscal year 1979, and for
each year thereafter for the next four years.
(d) Publication in Federal Register; report to
Congress
At least sixty days before any funds are obligated for any research studies, surveys, experiments or demonstration projects to be conducted or financed under this chapter in any fiscal year, the Secretary of the Interior in consultation with the heads of other Federal agencies having the authority to conduct or finance
such projects, shall determine and publish such
determinations in the Federal Register that
such projects are not being conducted or financed by any other Federal agency. On December 31 of each calendar year, the Secretary shall
report to the Congress on the research studies,
surveys, experiments or demonstration projects,
conducted or financed under this chapter, including, but not limited to, a statement of the
nature and purpose of each project, the Federal
cost thereof, the identity and affiliation of the
persons engaged in such projects, the expected
completion date of the projects and the relationship of the projects to other such projects of a
similar nature.

Page 302

(e) Availability of information to public
Subject to the patent provisions of section
306(d) of this Act,1 all information and data resulting from any research studies, surveys,
experiments, or demonstration projects conducted or financed under this chapter shall be
promptly made available to the public.
(Pub. L. 95–87, title IX, § 908, Aug. 3, 1977, 91 Stat.
531; Pub. L. 95–91, title III, § 301(a), title VII,
§§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub.
L. 97–257, title I, § 100, Sept. 10, 1982, 96 Stat. 841.)
REFERENCES IN TEXT
Section 306(d) of this Act, referred to in subsec. (e),
was classified to section 1226(d) of this title and was
omitted from the Code pursuant to the replacement of
subchapter III (§ 1221 et seq.) of this chapter by Pub. L.
98–409. See section 1226(c) of this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (d) of this section relating to requirement
that on December 31 of each calendar year, the Secretary report to Congress on research studies, surveys,
experiments or demonstration projects, conducted or
financed under this chapter, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 109 of House
Document No. 103–7.
TRANSFER OF FUNCTIONS
‘‘Secretary of the Interior’’ substituted for ‘‘Secretary of Energy’’ in subsecs. (a) to (d) pursuant to section 100 of Pub. L. 97–257, which is set out as a note
under section 7152 of Title 42, The Public Health and
Welfare, and which transferred to, and vested in, Secretary of the Interior all functions vested in, or delegated to, Secretary of Energy and Department of Energy under this section.
Previously, ‘‘Secretary of Energy’’ was substituted
for ‘‘Administrator’’, meaning Administrator of Energy
Research and Development Administration, in subsecs.
(a) to (d) pursuant to sections 301(a), 703, and 707 of Pub.
L. 95–91, which are classified to sections 7151(a), 7293,
7297 of Title 42, and which terminated Energy Research
and Development Administration and transferred its
functions and functions of Administrator thereof (with
certain exceptions) to Secretary of Energy.

CHAPTER 26—DEEP SEABED HARD MINERAL
RESOURCES
Sec.

1401.

Congressional findings and declaration of purpose.
1402.
International objectives.
1403.
Definitions.
SUBCHAPTER I—REGULATION OF EXPLORATION
AND COMMERCIAL RECOVERY BY UNITED
STATES CITIZENS
1411.
1412.
1413.
1414.
1415.

1416.

1 See

Prohibited activities by United States citizens.
Licenses for exploration and permits for commercial recovery.
License and permit applications, review, and
certification.
License and permit fees.
License and permit terms, conditions, and restrictions; issuance and transfer of licenses
and permits.
Denial of certification of applications and of
issuance, transfer, suspension, and revocation of licenses and permits; suspension and
modification of activities.
References in Text note below.

Page 303

TITLE 30—MINERAL LANDS AND MINING

Sec.

1417.
1418.
1419.
1420.
1421.
1422.
1423.
1424.
1425.
1426.
1427.
1428.

Duration of licenses and permits.
Diligence requirements.
Protection of the environment.
Conservation of natural resources.
Prevention of interference with other uses of
the high seas.
Safety of life and property at sea.
Records, audits, and public disclosure.
Monitoring of activities of licensees and permittees.
Relinquishment, surrender, and transfer of licenses and permits.
Public notice and hearings.
Civil actions.
Reciprocating states.
SUBCHAPTER II—TRANSITION TO
INTERNATIONAL AGREEMENT

1441.
1442.
1443.
1444.

Declaration of Congressional intent.
Effect of international agreement.
Protection of interim investments.
Disclaimer of obligation to pay compensation.
SUBCHAPTER III—ENFORCEMENT AND
MISCELLANEOUS PROVISIONS

1461.
1462.
1463.
1464.
1465.
1466.
1467.
1468.
1469.
1470.
1471.
1472.
1473.

Prohibited acts.
Civil penalties.
Criminal offenses.
Enforcement.
Liability of vessels.
Civil forfeitures.
Jurisdiction of courts.
Regulations.
Omitted.
Authorization of appropriations.
Severability.
Deep Seabed Revenue Sharing Trust Fund; establishment.
Revenue and customs or tariff treatment of
deep seabed mining unaffected.

§ 1401. Congressional findings and declaration of
purpose
(a) Findings
The Congress finds that—
(1) the United States’ requirements for hard
minerals to satisfy national industrial needs
will continue to expand and the demand for
such minerals will increasingly exceed the
available domestic sources of supply;
(2) in the case of certain hard minerals, the
United States is dependent upon foreign
sources of supply and the acquisition of such
minerals from foreign sources is a significant
factor in the national balance-of-payments position;
(3) the present and future national interest
of the United States requires the availability
of hard mineral resources which is independent of the export policies of foreign nations;
(4) there is an alternate source of supply,
which is significant in relation to national
needs, of certain hard minerals, including
nickel, copper, cobalt, and manganese, contained in the nodules existing in great abundance on the deep seabed;
(5) the nations of the world, including the
United States, will benefit if the hard mineral
resources of the deep seabed beyond limits of
national jurisdiction can be developed and
made available for their use;
(6) in particular, future access to the nickel,
copper, cobalt, and manganese resources of the

§ 1401

deep seabed will be important to the industrial
needs of the nations of the world, both developed and developing;
(7) on December 17, 1970, the United States
supported (by affirmative vote) the United Nations General Assembly Resolution 2749 (XXV)
declaring inter alia the principle that the mineral resources of the deep seabed are the common heritage of mankind, with the expectation that this principle would be legally defined under the terms of a comprehensive
international Law of the Sea Treaty yet to be
agreed upon;
(8) it is in the national interest of the United
States and other nations to encourage a widely acceptable Law of the Sea Treaty, which
will provide a new legal order for the oceans
covering a broad range of ocean interests, including exploration for and commercial recovery of hard mineral resources of the deep seabed;
(9) the negotiations to conclude such a Treaty and establish the international regime governing the exercise of rights over, and exploration of, the resources of the deep seabed, referred to in General Assembly Resolution 2749
(XXV) are in progress but may not be concluded in the near future;
(10) even if such negotiations are completed
promptly, much time will elapse before such
an international regime is established and in
operation;
(11) development of technology required for
the exploration and recovery of hard mineral
resources of the deep seabed will require substantial investment for many years before
commercial production can occur, and must
proceed at this time if deep seabed minerals
are to be available when needed;
(12) it is the legal opinion of the United
States that exploration for and commercial recovery of hard mineral resources of the deep
seabed are freedoms of the high seas subject to
a duty of reasonable regard to the interests of
other states in their exercise of those and
other freedoms recognized by general principles of international law;
(13) pending a Law of the Sea Treaty, and in
the absence of agreement among states on applicable principles of international law, the
uncertainty among potential investors as to
the future legal regime is likely to discourage
or prevent the investments necessary to develop deep seabed mining technology;
(14) pending a Law of the Sea Treaty, the
protection of the marine environment from
damage caused by exploration or recovery of
hard mineral resources of the deep seabed depends upon the enactment of suitable interim
national legislation;
(15) a Law of the Sea Treaty is likely to establish financial arrangements which obligate
the United States or United States citizens to
make payments to an international organization with respect to exploration or recovery of
the hard mineral resources of the deep seabed;
and
(16) legislation is required to establish an interim legal regime under which technology
can be developed and the exploration and recovery of the hard mineral resources of the

§ 1402

TITLE 30—MINERAL LANDS AND MINING

deep seabed can take place until such time as
a Law of the Sea Treaty enters into force with
respect to the United States.
(b) Purposes
The Congress declares that the purposes of
this chapter are—
(1) to encourage the successful conclusion of
a comprehensive Law of the Sea Treaty, which
will give legal definition to the principle that
the hard mineral resources of the deep seabed
are the common heritage of mankind and
which will assure, among other things, nondiscriminatory access to such resources for all
nations;
(2) pending the ratification by, and entering
into force with respect to, the United States of
such a Treaty, to provide for the establishment of an international revenue-sharing fund
the proceeds of which shall be used for sharing
with the international community pursuant to
such Treaty;
(3) to establish, pending the ratification by,
and entering into force with respect to, the
United States of such a Treaty, an interim
program to regulate the exploration for and
commercial recovery of hard mineral resources of the deep seabed by United States
citizens;
(4) to accelerate the program of environmental assessment of exploration for and commercial recovery of hard mineral resources of
the deep seabed and assure that such exploration and recovery activities are conducted
in a manner which will encourage the conservation of such resources, protect the quality of the environment, and promote the safety of life and property at sea; and
(5) to encourage the continued development
of technology necessary to recover the hard
mineral resources of the deep seabed.
(Pub. L. 96–283, § 2, June 28, 1980, 94 Stat. 553.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 96–283, June 28,
1980, 94 Stat. 553, as amended, known as the Deep Seabed Hard Mineral Resources Act, which is classified
principally to this chapter (§ 1401 et seq.). For complete
classification of this Act to the Code, see Short Title
note set out below and Tables.
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99–507, § 1, Oct. 21, 1986, 100 Stat. 1847, provided
that: ‘‘This Act [amending section 1470 of this title]
may be cited as the ‘Deep Seabed Hard Mineral Resources Reauthorization Act of 1986’.’’
SHORT TITLE
Section 1 of Pub. L. 96–283 provided that: ‘‘This Act
[enacting this chapter and sections 4495 to 4498 of Title
26, Internal Revenue Code, and enacting a provision set
out as a note under section 4495 of Title 26] may be
cited as the ‘Deep Seabed Hard Mineral Resources
Act’.’’

§ 1402. International objectives
(a) Disclaimer of extraterritorial sovereignty
By the enactment of this chapter, the United
States—
(1) exercises its jurisdiction over United
States citizens and vessels, and foreign per-

Page 304

sons and vessels otherwise subject to its jurisdiction, in the exercise of the high seas freedom to engage in exploration for, and commercial recovery of, hard mineral resources of the
deep seabed in accordance with generally accepted principles of international law recognized by the United States; but
(2) does not thereby assert sovereignty or
sovereign or exclusive rights or jurisdiction
over, or the ownership of, any areas or resources in the deep seabed.
(b) Secretary of State
(1) The Secretary of State is encouraged to negotiate successfully a comprehensive Law of the
Sea Treaty which, among other things, provides
assured and nondiscriminatory access to the
hard mineral resources of the deep seabed for all
nations, gives legal definition to the principle
that the resources of the deep seabed are the
common heritage of mankind, and provides for
the establishment of requirements for the protection of the quality of the environment as
stringent as those promulgated pursuant to this
chapter.
(2) Until such a Treaty is concluded, the Secretary of State is encouraged to promote any
international actions necessary to adequately
protect the environment from adverse impacts
which may result from any exploration for and
commercial recovery of hard mineral resources
of the deep seabed carried out by persons not
subject to this chapter.
(Pub. L. 96–283, § 3, June 28, 1980, 94 Stat. 555.)
§ 1403. Definitions
For purposes of this chapter, the term—
(1) ‘‘commercial recovery’’ means—
(A) any activity engaged in at sea to recover any hard mineral resource at a substantial rate for the primary purpose of marketing or commercially using such resource
to earn a net profit, whether or not such net
profit is actually earned;
(B) if such recovered hard mineral resource
will be processed at sea, such processing; and
(C) if the waste of such activity to recover
any hard mineral resource, or of such processing at sea, will be disposed of at sea, such
disposal;
(2) ‘‘Continental Shelf’’ means—
(A) the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territorial sea, to a
depth of 200 meters or, beyond that limit, to
where the depth of the superjacent waters
admits of the exploitation of the natural resources of such submarine area; and
(B) the seabed and subsoil of similar submarine areas adjacent to the coast of islands;
(3) ‘‘controlling interest’’, for purposes of
paragraph 14(C) of this section, means a direct
or indirect legal or beneficial interest in or influence over another person arising through
ownership of capital stock, interlocking directorates or officers, contractual relations, or
other similar means, which substantially affect the independent business behavior of such
person;

Page 305

TITLE 30—MINERAL LANDS AND MINING

(4) ‘‘deep seabed’’ means the seabed, and the
subsoil thereof to a depth of ten meters, lying
seaward of and outside—
(A) the Continental Shelf of any nation;
and
(B) any area of national resource jurisdiction of any foreign nation, if such area extends beyond the Continental Shelf of such
nation and such jurisdiction is recognized by
the United States;
(5) ‘‘exploration’’ means—
(A) any at-sea observation and evaluation
activity which has, as its objective, the establishment and documentation of—
(i) the nature, shape, concentration, location, and tenor of a hard mineral resource; and
(ii) the environmental, technical, and
other appropriate factors which must be
taken into account to achieve commercial
recovery; and
(B) the taking from the deep seabed of
such quantities of any hard mineral resource
as are necessary for the design, fabrication,
and testing of equipment which is intended
to be used in the commercial recovery and
processing of such resource;
(6) ‘‘hard mineral resource’’ means any deposit or accretion on, or just below, the surface of the deep seabed of nodules which include one or more minerals, at least one of
which contains manganese, nickel, cobalt, or
copper;
(7) ‘‘international agreement’’ means a comprehensive agreement concluded through negotiations at the Third United Nations Conference on the Law of the Sea, relating to
(among other matters) the exploration for and
commercial recovery of hard mineral resources and the establishment of an international regime for the regulation thereof;
(8) ‘‘licensee’’ means the holder of a license
issued under subchapter I of this chapter to
engage in exploration;
(9) ‘‘permittee’’ means the holder of a permit
issued under subchapter I of this chapter to
engage in commercial recovery;
(10) ‘‘person’’ means any United States citizen, any individual, and any corporation, partnership, joint venture, association, or other
entity organized or existing under the laws of
any nation;
(11) ‘‘reciprocating state’’ means any foreign
nation designated as such by the Administrator under section 1428 of this title;
(12) ‘‘Administrator’’ means the Administrator of the National Oceanic and Atmospheric Administration;
(13) ‘‘United States’’ means the several
States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the
United States Virgin Islands, Guam, and any
other Commonwealth, territory, or possession
of the United States; and
(14) ‘‘United States citizen’’ means—
(A) any individual who is a citizen of the
United States;
(B) any corporation, partnership, joint
venture, association, or other entity organized or existing under the laws of any of the
United States; and

§ 1411

(C) any corporation, partnership, joint
venture, association, or other entity (whether organized or existing under the laws of
any of the United States or a foreign nation)
if the controlling interest in such entity is
held by an individual or entity described in
subparagraph (A) or (B).
(Pub. L. 96–283, § 4, June 28, 1980, 94 Stat. 555.)
SUBCHAPTER I—REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY
BY UNITED STATES CITIZENS
§ 1411. Prohibited activities by United States citizens
(a) Prohibited activities and exceptions
(1) No United States citizen may engage in
any exploration or commercial recovery unless
authorized to do so under—
(A) a license or a permit issued under this
subchapter;
(B) a license, permit, or equivalent authorization issued by a reciprocating state; or
(C) an international agreement which is in
force with respect to the United States.
(2) The prohibitions of this subsection shall
not apply to any of the following activities:
(A) Scientific research, including that concerning hard mineral resources.
(B) Mapping, or the taking of any geophysical, geochemical, oceanographic, or atmospheric measurements or random bottom
samplings of the deep seabed, if such taking
does not significantly alter the surface or subsurface of the deep seabed or significantly affect the environment.
(C) The design, construction, or testing of
equipment and facilities which will or may be
used for exploration or commercial recovery,
if such design, construction, or testing is conducted on shore, or does not involve the recovery of any but incidental hard mineral resources.
(D) The furnishing of machinery, products,
supplies, services, or materials for any exploration or commercial recovery conducted
under a license or permit issued under this
subchapter, a license or permit or equivalent
authorization issued by a reciprocating state,
or under an international agreement.
(E) Activities, other than exploration or
commercial recovery activities, of the Federal
Government.
(b) Existing exploration
(1) Subsection (a)(1)(A) of this section shall
not be deemed to prohibit any United States citizen who is engaged in exploration before June
28, 1980, from continuing to engage in such exploration—
(A) if such citizen applies for a license under
section 1413(a) of this title with respect to
such exploration within such reasonable period of time, after the date on which initial
regulations to implement section 1413(a) of
this title are issued, as the Administrator
shall prescribe; and
(B) until such license is issued to such citizen or a final administrative or judicial determination is made affirming the denial of cer-

§ 1412

TITLE 30—MINERAL LANDS AND MINING

tification of the application for, or issuance of,
such license.
(2) Notwithstanding paragraph (1), if the President by Executive order determines that immediate suspension of exploration activities is necessary for the reasons set forth in section
1416(a)(2)(B) of this title or the Administrator
determines that immediate suspension of activities is necessary to prevent a significant adverse
effect on the environment or to preserve the
safety of life and property at sea, the Administrator is authorized, notwithstanding any other
requirement of this chapter, to issue an emergency order requiring any United States citizen
who is engaged in exploration before June 28,
1980, to immediately suspend exploration activities. The issuance of such emergency order is
subject to judicial review as provided in chapter
7 of title 5.
(3) The timely filing of any application for a
license under paragraph (1)(A) shall entitle the
applicant to priority of right for the issuance of
such license under section 1413(b) of this title. In
any case in which more than one application referred to in paragraph (1) is filed based on exploration plans required by section 1413(a)(2) of this
title which refer to all or part of the same deep
seabed area, the Administrator shall, in taking
action on such applications, apply principles of
equity which take into consideration, among
other things, the date on which the applicants
or predecessors in interest, or component organizations thereof, commenced exploration activities and the continuity and extent of such
exploration and amount of funds expended with
respect to such exploration.
(c) Interference
No United States citizen may interfere or participate in interference with any activity conducted by any licensee or permittee which is authorized to be undertaken under a license or permit issued by the United States to the licensee
or permittee under this chapter or with any activity conducted by the holder of, and authorized to be undertaken under, a license or permit
or equivalent authorization issued by a reciprocating state for the exploration or commercial
recovery of hard mineral resources. United
States citizens shall exercise their rights on the
high seas with reasonable regard for the interests of other states in their exercise of the freedoms of the high seas.
(Pub. L. 96–283, title I, § 101, June 28, 1980, 94
Stat. 557.)
§ 1412. Licenses for exploration and permits for
commercial recovery
(a) Authority to issue
Subject to the provisions of this chapter, the
Administrator shall issue to applicants who are
eligible therefor licenses for exploration and
permits for commercial recovery.
(b) Nature of licenses and permits
(1) A license or permit issued under this subchapter shall authorize the holder thereof to engage in exploration or commercial recovery, as
the case may be, consistent with the provisions
of this chapter, the regulations issued by the

Page 306

Administrator to implement the provisions of
this chapter, and the specific terms, conditions,
and restrictions applied to the license or permit
by the Administrator.
(2) Any license or permit issued under this
subchapter shall be exclusive with respect to the
holder thereof as against any other United
States citizen or any citizen, national or governmental agency of, or any legal entity organized
or existing under the laws of, any reciprocating
state.
(3) A valid existing license shall entitle the
holder, if otherwise eligible under the provisions
of this chapter and regulations issued under this
chapter, to a permit for commercial recovery.
Such a permit recognizes the right of the holder
to recover hard mineral resources, and to own,
transport, use, and sell hard mineral resources
recovered, under the permit and in accordance
with the requirements of this chapter.
(4) In the event of interference with the exploration or commercial recovery activities of a licensee or permittee by nationals of other states,
the Secretary of State shall use all peaceful
means to resolve the controversy by negotiation, conciliation, arbitration, or resort to
agreed tribunals.
(c) Restrictions
(1) The Administrator may not issue—
(A) any license or permit after the date on
which an international agreement is ratified
by and enters into force with respect to the
United States, except to the extent that issuance of such license or permit is not inconsistent with such agreement;
(B) any license or permit the exploration
plan or recovery plan of which, submitted pursuant to section 1413(a)(2) of this title, would
apply to an area to which applies, or would
conflict with, (i) any exploration plan or recovery plan submitted with any pending application to which priority of right for issuance
applies under section 1413(b) of this title, (ii)
any exploration plan or recovery plan associated with any existing license or permit, or
(iii) any equivalent authorization which has
been issued, or for which formal notice of application has been submitted, by a reciprocating state prior to the filing date of any relevant application for licenses or permits pursuant to this subchapter;
(C) a permit authorizing commercial recovery within any area of the deep seabed in
which exploration is authorized under a valid
existing license if such permit is issued to
other than the licensee for such area;
(D) any exploration license before July 1,
1981, or any permit which authorizes commercial recovery to commence before January 1,
1988;
(E) any license or permit the exploration
plan or recovery plan for which applies to any
area of the deep seabed if, within the 3-year
period before the date of application for such
license or permit, (i) the applicant therefor
surrendered or relinquished such area under an
exploration plan or recovery plan associated
with a previous license or permit issued to
such applicant, or (ii) a license or permit previously issued to the applicant had an explo-

Page 307

TITLE 30—MINERAL LANDS AND MINING

ration plan or recovery plan which applied to
such area and such license or permit was revoked under section 1416 of this title; or
(F) a license or permit, or approve the transfer of a license or permit, except to a United
States citizen.
(2) No permittee may use any vessel for the
commercial recovery of hard mineral resources
or for the processing at sea of hard mineral resources recovered under the permit issued to the
permittee unless the vessel is documented under
the laws of the United States.
(3) Each permittee shall use at least one vessel
documented under the laws of the United States
for the transportation from each mining site of
hard mineral resources recovered under the permit issued to the permittee.
(4) For purposes of the shipping laws of the
United States, any vessel documented under the
laws of the United States and used in the commercial recovery, processing, or transportation
from any mining site of hard mineral resources
recovered under a permit issued under this subchapter shall be deemed to be used in, and used
in an essential service in, the foreign commerce
or foreign trade of the United States, as defined
in section 109 of title 46, and shall be deemed to
be a vessel as defined in section 53701(13) of title
46.
(5) Except as otherwise provided in this paragraph, the processing on land of hard mineral resources recovered pursuant to a permit shall be
conducted within the United States: Provided,
That the President does not determine that such
restrictions contravene the overriding national
interests of the United States. The Administrator may allow the processing of hard mineral
resources at a place other than within the
United States if he finds, after opportunity for
an agency hearing, that—
(A) the processing of the quantity concerned
of such resource at a place other than within
the United States is necessary for the economic viability of the commercial recovery
activities of a permittee; and
(B) satisfactory assurances have been given
by the permittee that such resource, after
processing, to the extent of the permittee’s
ownership therein, will be returned to the
United States for domestic use, if the Administrator so requires after determining that the
national interest necessitates such return.
(Pub. L. 96–283, title I, § 102, June 28, 1980, 94
Stat. 558.)
CODIFICATION
In subsec. (c)(4), ‘‘section 109 of title 46’’ substituted
for ‘‘section 905(a) of the Merchant Marine Act, 1936’’
and ‘‘section 53701(13) of title 46’’ substituted for ‘‘section 1101(b) of that Act’’ on authority of Pub. L. 109–304,
§ 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted sections 109 and 53701 of Title 46, Shipping.

§ 1413. License and permit applications, review,
and certification
(a) Applications
(1) Any United States citizen may apply to the
Administrator for the issuance or transfer of a
license for exploration or a permit for commercial recovery.

§ 1413

(2)(A) Applications for issuance or transfer of
licenses for exploration and permits for commercial recovery shall be made in such form and
manner as the Administrator shall prescribe in
general and uniform regulations and shall contain such relevant financial, technical, and environmental information as the Administrator
may by regulations require as being necessary
and appropriate for carrying out the provisions
of this subchapter. In accordance with such regulations, each applicant for the issuance of a license shall submit an exploration plan as described in subparagraph (B), and each applicant
for a permit shall submit a recovery plan as described in subparagraph (C).
(B) The exploration plan for a license shall set
forth the activities proposed to be carried out
during the period of the license, describe the
area to be explored, and include the intended exploration schedule and methods to be used, the
development and testing of systems for commercial recovery to take place under the terms of
the license, an estimated schedule of expenditures, measures to protect the environment and
to monitor the effectiveness of environmental
safeguards and monitoring systems for commercial recovery, and such other information as is
necessary and appropriate to carry out the provisions of this subchapter. The area set forth in
an exploration plan shall be of sufficient size to
allow for intensive exploration.
(C) The recovery plan for a permit shall set
forth the activities proposed to be carried out
during the period of the permit, and shall include the intended schedule of commercial recovery, environmental safeguards and monitoring systems, details of the area or areas proposed for commercial recovery, a resource assessment thereof, the methods and technology
to be used for commercial recovery and processing, the methods to be used for disposal of
wastes from recovery and processing, and such
other information as is necessary and appropriate to carry out the provisions of this subchapter.
(D) The applicant shall select the size and location of the area of the exploration plan or recovery plan, which area shall be approved unless
the Administrator finds that—
(i) the area is not a logical mining unit; or
(ii) commercial recovery activities in the
proposed location would result in a significant
adverse impact on the quality of the environment which cannot be avoided by the imposition of reasonable restrictions.
(E) For purposes of subparagraph (D), ‘‘logical
mining unit’’ means—
(i) in the case of a license for exploration, an
area of the deep seabed which can be explored
under the license in an efficient, economical,
and orderly manner with due regard for conservation and protection of the environment,
taking into consideration the resource data,
other relevant physical and environmental
characteristics, and the state of the technology of the applicant as set forth in the exploration plan; or
(ii) in the case of a permit, an area of the
deep seabed—
(I) in which hard mineral resources can be
recovered in sufficient quantities to satisfy

§ 1413

TITLE 30—MINERAL LANDS AND MINING

the permittee’s estimated production requirements over the initial 20-year term of
the permit in an efficient, economical, and
orderly manner with due regard for conservation and protection of the environment, taking into consideration the resource
data, other relevant physical and environmental characteristics, and the state of the
technology of the applicant set out in the recovery plan;
(II) which is not larger than is necessary
to satisfy the permittee’s estimated production requirements over the initial 20-year
term of the permit; and
(III) in relation to which the permittee’s
estimated production requirements are not
found by the Administrator to be unreasonable.
(b) Priority of right for issuance
Subject to section 1411(b) of this title, priority
of right for the issuance of licenses to applicants
shall be established on the basis of the chronological order in which license applications which
are in substantial compliance with the requirements established under subsection (a)(2) of this
section are filed with the Administrator. Priority of right shall not be lost in the case of any
application filed which is in substantial but not
full compliance with such requirements if the
applicant thereafter brings the application into
conformity with such requirements within such
reasonable period of time as the Administrator
shall prescribe in regulations.
(c) Eligibility for certification
Before the Administrator may certify any application for issuance or transfer of a license for
exploration or permit for commercial recovery,
the Administrator must find in writing, after
consultation with other departments and agencies pursuant to subsection (e) of this section,
that—
(1) the applicant has demonstrated that,
upon issuance or transfer of the license or permit, the applicant will be financially responsible to meet all obligations which may be required of a licensee or permittee to engage in
the exploration or commercial recovery proposed in the application;
(2) the applicant has demonstrated that,
upon issuance or transfer of the license or permit, the applicant will have the technological
capability to engage in such exploration or
commercial recovery;
(3) the applicant has satisfactorily fulfilled
all obligations under any license or permit
previously issued or transferred to the applicant under this chapter; and
(4) the proposed exploration plan or recovery
plan of the applicant meets the requirements
of this chapter and the regulations issued
under this chapter.
(d) Antitrust review
(1) Whenever the Administrator receives any
application for issuance or transfer of a license
for exploration or permit for commercial recovery, the Administrator shall transmit promptly
a complete copy of such application to the Attorney General of the United States and the
Federal Trade Commission.

Page 308

(2) The Attorney General and the Federal
Trade Commission shall conduct such antitrust
review of the application as they deem appropriate and shall, if they deem appropriate, advise the Administrator of the likely effects of
such issuance or transfer on competition.
(3) The Attorney General and the Federal
Trade Commission may make any recommendations they deem advisable to avoid any action
upon such application by the Administrator
which would create or maintain a situation inconsistent with the antitrust laws. Such recommendations may include, without limitation,
the denial of issuance or transfer of the license
or permit or issuance or transfer upon such
terms and conditions as may be appropriate.
(4) Any advice or recommendation submitted
by the Attorney General or the Federal Trade
Commission pursuant to this subsection shall be
submitted within 90 days after receipt by them
of the application. The Administrator shall not
issue or transfer the license or permit during
that 90-day period, except upon written confirmation by the Attorney General and the Federal Trade Commission that neither intends to
submit any further advice or recommendation
with respect to the application.
(5) If the Administrator decides to issue or
transfer the license or permit with respect to
which denial of the issuance or transfer of the license or permit has been recommended by the
Attorney General or the Federal Trade Commission, or to issue or transfer the license or permit
without imposing those terms and conditions
recommended by the Attorney General or the
Federal Trade Commission as appropriate to
prevent any situation inconsistent with the
antitrust laws, the Administrator shall, prior to
or upon issuance or transfer of the license or
permit, notify the Attorney General and the
Federal Trade Commission of the reasons for
such decision.
(6) The issuance or transfer of a license or permit under this subchapter shall not be admissible in any way as a defense to any civil or criminal action for violation of the antitrust laws of
the United States, nor shall it in any way modify or abridge any private right of action under
such laws.
(7) As used in this subsection, the term ‘‘antitrust laws’’ means the Act of July 2, 1890 (commonly known as the Sherman Act; 15 U.S.C. 1–7);
sections 73 through 76 of the Act of August 27,
1894 (commonly known as the Wilson Tariff Act;
15 U.S.C. 8–11); the Clayton Act (15 U.S.C. 12 et
seq.); the Act of June 19, 1936 (commonly known
as the Robinson-Patman Price Discrimination
Act; 15 U.S.C. 13–13b and 21a); and the Federal
Trade Commission Act (15 U.S.C. 41 et seq.).
(e) Other Federal agencies
The Administrator shall provide by regulation
for full consultation and cooperation, prior to
certification of an application for the issuance
or transfer of any license for exploration or permit for commercial recovery and prior to the issuance or transfer of such a license or permit,
with other Federal agencies or departments
which have programs or activities within their
statutory responsibilities which would be affected by the activities proposed in the applica-

Page 309

TITLE 30—MINERAL LANDS AND MINING

tion for the issuance or transfer of a license or
permit. Not later than 30 days after June 28,
1980, the heads of any Federal departments or
agencies having expertise concerning, or jurisdiction over, any aspect of the recovery or processing of hard mineral resources shall transmit
to the Administrator written comments as to
their expertise or statutory responsibilities pursuant to this chapter or any other Federal law.
To the extent possible, such agencies shall cooperate to reduce the number of separate actions required to satisfy the statutory responsibilities of these agencies. The Administrator
shall transmit to each such agency or department a complete copy of each application and
each such agency or department, based on its
legal responsibilities and authorities, may, not
later than 60 days after receipt of the application, recommend certification of the application, issuance or transfer of the license or permit, or denial of such certification, issuance, or
transfer. In any case in which an agency or department recommends such a denial, it shall set
forth in detail the manner in which the application does not comply with any law or regulation
within its area of responsibility and shall indicate how the application may be amended, or
how terms, conditions, or restrictions might be
added to the license or permit, to assure compliance with such law or regulation.
(f) Review period
All time periods for the review of an application for issuance or transfer of a license or permit established pursuant to this section shall, to
the maximum extent practicable, run concurrently from the date on which the application is
received by the Administrator.
(g) Application certification
Upon making the applicable determinations
and findings required in sections 1411, 1412 of
this title, and this section with respect to any
applicant for the issuance or transfer of a license or a permit and the exploration or commercial recovery proposed by such applicant,
after completion of procedures for receiving the
application required by this chapter, and upon
payment by the applicant of the fee required
under section 1414 of this title, the Administrator shall certify the application for the issuance or transfer of the license or permit. The
Administrator, to the maximum extent possible,
shall endeavor to complete certification action
on the application within 100 days after its submission. If final certification or denial of certification has not occurred within 100 days after
submission of the application, the Administrator shall inform the applicant in writing of
the then pending unresolved issues, the Administrator’s efforts to resolve them, and an estimate of the time required to do so.
(Pub. L. 96–283, title I, § 103, June 28, 1980, 94
Stat. 560; Pub. L. 107–273, div. C, title IV,
§ 14102(c)(2)(E), Nov. 2, 2002, 116 Stat. 1921.)
REFERENCES IN TEXT
Act of July 2, 1890 (commonly known as the Sherman
Act; 15 U.S.C. 1–7), referred to in subsec. (d)(7), is act
July 2, 1890, ch. 647, 26 Stat. 209, as amended, which is
classified to sections 1 to 7 of Title 15, Commerce and
Trade. For complete classification of this Act to the

§ 1415

Code, see Short Title note set out under section 1 of
Title 15 and Tables.
Sections 73 through 76 of the Act of August 27, 1894
(commonly known as the Wilson Tariff Act; 15 U.S.C.
8–11), referred to in subsec. (d)(7), are sections 73 to 76
of act Aug. 27, 1894, ch. 349, 28 Stat. 570, as amended,
which enacted sections 8 to 11 of Title 15. For complete
classification of this Act to the Code, see Short Title
note set out under section 8 of Title 15 and Tables.
The Clayton Act (15 U.S.C. 12 et seq.), referred to in
subsec. (d)(7), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as
amended, which is classified generally to sections 12,
13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52
and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15
and Tables.
Act of June 19, 1936 (commonly known as the Robinson-Patman Price Discrimination Act; 15 U.S.C. 13–13b
and 21a), referred to in subsec. (d)(7), is act June 19,
1936, ch. 592, 49 Stat. 1526, also known as the RobinsonPatman Antidiscrimination Act, which enacted sections 13a, 13b, and 21a of Title 15, and amended section
13 of Title 15. For complete classification of this Act to
the Code, see Short Title note set out under section 13
of Title 15 and Tables.
The Federal Trade Commission Act (15 U.S.C. 41 et
seq.), referred to in subsec. (d)(7), is act Sept. 26, 1914,
ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title
15. For complete classification of this Act to the Code,
see section 58 of Title 15 and Tables.
AMENDMENTS
2002—Subsec. (d)(7). Pub. L. 107–273 substituted ‘‘76’’
for ‘‘77’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–273 effective Nov. 2, 2002,
and applicable only with respect to cases commenced
on or after Nov. 2, 2002, see section 14103 of Pub. L.
107–273, set out as a note under section 3 of Title 15,
Commerce and Trade.

§ 1414. License and permit fees
No application for the issuance or transfer of
a license for exploration or permit for commercial recovery shall be certified unless the applicant pays to the Administrator a reasonable administrative fee which shall be deposited into
miscellaneous receipts of the Treasury. The
amount of the administrative fee imposed by the
Administrator on any applicant shall reflect the
reasonable administrative costs incurred in reviewing and processing the application.
(Pub. L. 96–283, title I, § 104, June 28, 1980, 94
Stat. 563.)
§ 1415. License and permit terms, conditions, and
restrictions; issuance and transfer of licenses
and permits
(a) Eligibility for issuance or transfer of license
or permit
Before issuing or transferring a license for exploration or permit for commercial recovery,
the Administrator must find in writing, after
consultation with interested departments and
agencies pursuant to section 1413(e) of this title,
and upon considering public comments received
with respect to the license or permit, that the
exploration or commercial recovery proposed in
the application—
(1) will not unreasonably interfere with the
exercise of the freedoms of the high seas by

§ 1415

TITLE 30—MINERAL LANDS AND MINING

other states, as recognized under general principles of international law;
(2) will not conflict with any international
obligation of the United States established by
any treaty or international convention in
force with respect to the United States;
(3) will not create a situation which may
reasonably be expected to lead to a breach of
international peace and security involving
armed conflict;
(4) cannot reasonably be expected to result
in a significant adverse effect on the quality of
the environment, taking into account the
analyses and information in any applicable environmental impact statement prepared pursuant to section 1419(c) or 1419(d) of this title;
and
(5) will not pose an inordinate threat to the
safety of life and property at sea.
(b) Issuance and transfer of licenses and permits
with terms, conditions, and restrictions
(1) Within 180 days after certification of any
application for the issuance or transfer of a license or permit under section 1413(g) of this
title, the Administrator shall propose terms and
conditions for, and restrictions on, the exploration or commercial recovery proposed in the
application which are consistent with the provisions of this chapter and regulations issued
under this chapter. If additional time is needed,
the Administrator shall notify the applicant in
writing of the reasons for the delay and indicate
the approximate date on which the proposed
terms, conditions, and restrictions will be completed. The Administrator shall provide to each
applicant a written statement of the proposed
terms, conditions, and restrictions. Such terms,
conditions, and restrictions shall be generally
specified in regulations with general criteria
and standards to be used in establishing such
terms, conditions, and restrictions for a license
or permit and shall be uniform in all licenses or
permits, except to the extent that differing
physical and environmental conditions require
the establishment of special terms, conditions,
and restrictions for the conservation of natural
resources, protection of the environment, or the
safety of life and property at sea.
(2) After preparation and consideration of the
final environmental impact statement pursuant
to section 1419(d) of this title on the proposed issuance of a license or permit and subject to the
other provisions of this chapter, the Administrator shall issue to the applicant the license or
permit with the terms, conditions, and restrictions incorporated therein.
(3) The licensee or permittee to whom a license or permit is issued or transferred shall be
deemed to have accepted the terms, conditions,
and restrictions in the license or permit if the
licensee or permittee does not notify the Administrator within 60 days after receipt of the license or permit of each term, condition, or restriction with which the licensee or permittee
takes exception. The licensee or permittee may,
in addition to such objections as may be raised
under applicable provisions of law, object to any
term, condition, or restriction on the ground
that the term, condition, or restriction is inconsistent with this chapter or the regulations pro-

Page 310

mulgated thereunder. If, after the Administrator takes final action on these objections, the
licensee or permittee demonstrates that a dispute remains on a material issue of fact, the licensee or permittee is entitled to a decision on
the record after the opportunity for an agency
hearing pursuant to sections 556 and 557 of title
5. Any such decision made by the Administrator
shall be subject to judicial review as provided in
chapter 7 of title 5.
(c) Modification and revision of terms, conditions, and restrictions
(1) After the issuance or transfer of any license or permit under subsection (b) of this section, the Administrator, after consultation with
interested agencies and the licensee or permittee, may modify any term, condition, or restriction in such license or permit—
(A) to avoid unreasonable interference with
the interests of other states in their exercise
of the freedoms of the high seas, as recognized
under general principles of international law;
(B) if relevant data and other information
(including, but not limited to, data resulting
from exploration or commercial recovery activities under the license or permit) indicate
that modification is required to protect the
quality of the environment or to promote the
safety of life and property at sea and if such
modification is consistent with the regulations issued to carry out section 1419(b) of this
title;
(C) to avoid a conflict with any international obligation of the United States, established by any treaty or convention in force
with respect to the United States, as determined in writing by the President; or
(D) to avoid any situation which may reasonably be expected to lead to a breach of
international peace and security involving
armed conflict, as determined in writing by
the President.
(2) During the term of a license or a permit,
the licensee or permittee may submit to the Administrator an application for a revision of the
license or permit or the exploration plan or recovery plan associated with the license or permit. The Administrator shall approve such application upon a finding in writing that the revision will comply with the requirements of this
chapter and the regulations issued under this
chapter.
(3) The Administrator shall establish, by regulation, guidelines for a determination of the
scale or extent of a proposed modification or revision for which any or all license or permit application requirements and procedures, including a public hearing, shall apply. Any increase
in the size of the area, or any change in the location of an area, to which an exploration plan or
a recovery plan applies, except an incidental increase or change, must be made by application
for another license or permit.
(4) The procedures set forth in subsection
(b)(3) of this section shall apply with respect to
any modification under this subsection in the
same manner, and to the same extent, as if such
modification were an initial term, condition, or
restriction proposed by the Administrator.

Page 311

TITLE 30—MINERAL LANDS AND MINING

(d) Prior consultations
Prior to making a determination to issue,
transfer, modify, or renew a license or permit
under this section, the Administrator shall consult with any affected Regional Fishery Management Council established pursuant to section
1852 of title 16, if the activities undertaken pursuant to such license or permit could adversely
affect any fishery within the Fishery Conservation Zone, or any anadromous species or Continental Shelf fishery resource subject to the exclusive management authority of the United
States beyond such zone.
(Pub. L. 96–283, title I, § 105, June 28, 1980, 94
Stat. 563; Pub. L. 96–561, title II, § 238(b), Dec. 22,
1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I,
§ 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat.
3009, 3009–41.)
REFERENCES IN TEXT
The Fishery Conservation Zone, referred to in subsec.
(d), probably means the fishery conservation zone established by section 1811 of Title 16, Conservation,
which as amended generally by Pub. L. 99–659, title I,
§ 101(b), Nov. 14, 1986, 100 Stat. 3706, relates to United
States sovereign rights and fishery management authority over fish within the exclusive economic zone as
defined in section 1802 of Title 16.
AMENDMENTS
1996—Subsec. (d). Pub. L. 104–208 made technical
amendment to reference in original act which appears
in text as reference to section 1852 of title 16.
1980—Subsec. (d). Pub. L. 96–561 made technical
amendment to reference in original act which appears
in text as reference to section 1852 of title 16.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(a) [title II, § 211(b)] of div. A of Pub. L.
104–208 provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
EFFECTIVE DATE OF 1980 AMENDMENT
Section 238(b) of Pub. L. 96–561 provided that the
amendment made by that section is effective 15 days
after Dec. 22, 1980.

§ 1416. Denial of certification of applications and
of issuance, transfer, suspension, and revocation of licenses and permits; suspension and
modification of activities
(a) Denial, suspension, modification, and revocation
(1) The Administrator may deny certification
of an application for the issuance or transfer of,
and may deny the issuance or transfer of, a license for exploration or permit for commercial
recovery if the Administrator finds that the applicant, or the activities proposed to be undertaken by the applicant, do not meet the requirements set forth in section 1413(c) of this title,
section 1415(a) of this title, or in any other provision of this chapter, or any regulation issued
under this chapter, for the issuance or transfer
of a license or permit.
(2) The Administrator may—
(A) in addition to, or in lieu of, the imposition of any civil penalty under section 1462(a)
of this title, or in addition to the imposition
of any fine under section 1463 of this title, suspend or revoke any license or permit issued
under this chapter, or suspend or modify any

§ 1416

particular activities under such a license or
permit, if the licensee or permittee, as the
case may be, substantially fails to comply
with any provision of this chapter, any regulation issued under this chapter, or any term,
condition, or restriction of the license or permit; and
(B) suspend or modify particular activities
under any license or permit, if the President
determines that such suspension or modification is necessary (i) to avoid any conflict with
any international obligation of the United
States established by any treaty or convention
in force with respect to the United States, or
(ii) to avoid any situation which may reasonably be expected to lead to a breach of international peace and security involving armed
conflict.
(3) No action may be taken by the Administrator to deny issuance or transfer of or to revoke any license or permit or, except as provided in subsection (c) of this section, to suspend any license or permit or suspend or modify
particular activities under a license or permit,
unless the Administrator—
(A) publishes in the Federal Register and
gives the applicant, licensee, or permittee, as
the case may be, written notice of the intention of the Administrator to deny the issuance
or transfer of or to suspend, modify, or revoke
the license or permit and the reason therefor;
and
(B) if the reason for the proposed denial, suspension, modification, or revocation is a deficiency which the applicant, licensee, or permittee can correct, affords the applicant, licensee, or permittee a reasonable time, but
not more than 180 days from the date of the
notice or such longer period as the Administrator may establish for good cause shown, to
correct such deficiency.
(4) The Administrator shall deny issuance or
transfer of, or suspend or revoke, any license or
permit or order the suspension or modification
of particular activities under a license or permit—
(A) on the thirtieth day after the date of the
notice given to the applicant, licensee, or permittee under paragraph (3)(A) unless before
such day the applicant, licensee, or permittee
requests a review of the proposed denial, suspension, modification, or revocation; or
(B) on the last day of the period established
under paragraph (3)(B) in which the applicant,
licensee, or permittee must correct a deficiency, if such correction has not been made
before such day.
(b) Administrative review of proposed denial,
suspension, modification, or revocation
Any applicant, licensee, or permittee, as the
case may be, who makes a timely request under
subsection (a) of this section for review of a denial of issuance or transfer, or a suspension or
revocation, of a license for exploration or permit
for commercial recovery, or a suspension or
modification of particular activities under such
a license or permit, is entitled to an adjudication on the record after an opportunity for an
agency hearing with respect to such denial or
suspension, revocation, or modification.

§ 1417

TITLE 30—MINERAL LANDS AND MINING

(c) Effect on activities; emergency orders
The issuance of any notice of proposed suspension or revocation of a license for exploration or
permit for commercial recovery or proposed suspension or modification of particular activities
under such a license or permit shall not affect
the continuation of exploration or commercial
recovery activities by the licensee or permittee.
The provisions of paragraphs (3) and (4) of subsection (a) of this section and the first sentence
of this subsection shall not apply when the
President determines by Executive order that an
immediate suspension of a license for exploration or permit for commercial recovery, or immediate suspension or modification of particular
activities under such a license or permit, is necessary for the reasons set forth in subsection
(a)(2)(B) of this section, or the Administrator determines that an immediate suspension of such
a license or permit, or immediate suspension or
modification of particular activities under such
a license or permit, is necessary to prevent a
significant adverse effect on the environment or
to preserve the safety of life and property at sea,
and the Administrator issues an emergency
order requiring such immediate suspension.
(d) Judicial review
Any determination of the Administrator, after
any appropriate administrative review under
subsection (b) of this section, to certify or deny
certification of an application for the issuance
or transfer of, or to issue, deny issuance of,
transfer, deny the transfer of, modify, renew,
suspend, or revoke any license for exploration or
permit for commercial recovery, or suspend or
modify particular activities under such a license
or permit, or any immediate suspension of such
a license or permit, or immediate suspension or
modification of particular activities under such
a license or permit, pursuant to subsection (c) of
this section, is subject to judicial review as provided in chapter 7 of title 5.
(Pub. L. 96–283, title I, § 106, June 28, 1980, 94
Stat. 565.)
§ 1417. Duration of licenses and permits
(a) Duration of a license
Each license for exploration shall be issued for
a period of 10 years. If the licensee has substantially complied with the license and the exploration plan associated therewith and has requested extensions of the license, the Administrator shall extend the license on terms, conditions, and restrictions consistent with this chapter and the regulations issued under this chapter
for periods of not more than 5 years each.
(b) Duration of a permit
Each permit for commercial recovery shall be
issued for a term of 20 years and for so long
thereafter as hard mineral resources are recovered annually in commercial quantities from the
area to which the recovery plan associated with
the permit applies. The permit of any permittee
who is not recovering hard mineral resources in
commercial quantities at the end of 10 years
shall be terminated; except that the Administrator shall for good cause shown, including
force majeure, adverse economic conditions, un-

Page 312

avoidable delays in construction, major unanticipated vessel repairs that prevent the permittee from conducting commercial recovery activities during an annual period, or other circumstances beyond the control of the permittee,
extend the 10-year period, but not beyond the
initial 20-year term of the permit.
(Pub. L. 96–283, title I, § 107, June 28, 1980, 94
Stat. 567.)
§ 1418. Diligence requirements
(a) In general
The exploration plan or recovery plan and the
terms, conditions, and restrictions of each license and permit issued under this subchapter
shall be designed to assure diligent development. Each licensee shall pursue diligently the
activities described in the exploration plan of
the licensee, and each permittee shall pursue
diligently the activities described in the recovery plan of the permittee.
(b) Expenditures
Each license shall require such periodic reasonable expenditures for exploration by the licensee as the Administrator shall establish, taking into account the size of the area of the deep
seabed to which the exploration plan associated
with the license applies and the amount of funds
which is estimated by the Administrator to be
required for commercial recovery of hard mineral resources to begin within the time limit established by the Administrator. Such required
expenditures shall not be established at a level
which would discourage exploration by persons
with less costly technology than is prevalently
in use.
(c) Commercial recovery
Once commercial recovery is achieved, the Administrator shall, within reasonable limits and
taking into consideration all relevant factors,
require the permittee to maintain commercial
recovery throughout the period of the permit;
except that the Administrator shall for good
cause shown, including force majeure, adverse
economic conditions, or other circumstances beyond the control of the permittee, authorize the
temporary suspension of commercial recovery
activities. The duration of such a suspension
shall not exceed one year at any one time, unless the Administrator determines that conditions justify an extension of the suspension.
(Pub. L. 96–283, title I, § 108, June 28, 1980, 94
Stat. 567.)
§ 1419. Protection of the environment
(a) Environmental assessment
(1) Deep ocean mining environmental study
(DOMES)
The Administrator shall expand and accelerate the program assessing the effects on the
environment from exploration and commercial
recovery activities, including seabased processing and the disposal at sea of processing
wastes, so as to provide an assessment, as accurate as practicable, of environmental impacts of such activities for the implementation of subsections (b), (c), and (d) of this section.

Page 313

TITLE 30—MINERAL LANDS AND MINING

(2) Supporting ocean research
The Administrator also shall conduct a continuing program of ocean research to support
environmental assessment activity through
the period of exploration and commercial recovery authorized by this chapter. The program shall include the development, acceleration, and expansion, as appropriate, of studies
of the ecological, geological, and physical aspects of the deep seabed in general areas of the
ocean where exploration and commercial development under the authority of this chapter
are likely to occur, including, but not limited
to—
(A) natural diversity of the deep seabed
biota;
(B) life histories of major benthic, midwater, and surface organisms most likely to
be affected by commercial recovery activities;
(C) long- and short-term effects of commercial recovery on the deep seabed biota;
and
(D) assessment of the effects of seabased
processing activities.
Within 160 days after June 28, 1980, the Administrator shall prepare a plan to carry out the
program described in this subsection, including necessary funding levels for the next five
fiscal years, and shall submit the plan to the
Congress.
(b) Terms, conditions, and restrictions
Each license and permit issued under this subchapter shall contain such terms, conditions,
and restrictions, established by the Administrator, which prescribe the actions the licensee
or permittee shall take in the conduct of exploration and commercial recovery activities to assure protection of the environment. The Administrator shall require in all activities under new
permits, and wherever practicable in activities
under existing permits, the use of the best available technologies for the protection of safety,
health, and the environment wherever such activities would have a significant effect on safety, health, or the environment, except where the
Administrator determines that the incremental
benefits are clearly insufficient to justify the incremental costs of using such technologies. Before establishing such terms, conditions, and restrictions, the Administrator shall consult with
the Administrator of the Environmental Protection Agency, the Secretary of State, and the
Secretary of the department in which the Coast
Guard is operating, concerning such terms, conditions, and restrictions, and the Administrator
shall take into account and give due consideration to the information contained in each final
environmental impact statement prepared with
respect to such license or permit pursuant to
subsection (d) of this section.
(c) Programmatic environmental impact statement
(1) If the Administrator, in consultation with
the Administrator of the Environmental Protection Agency and with the assistance of other appropriate Federal agencies, determines that a
programmatic environmental impact statement
is required, the Administrator shall, as soon as

§ 1419

practicable after June 28, 1980, with respect to
the areas of the oceans in which any United
States citizen is expected to undertake exploration and commercial recovery under the authority of this chapter—
(A) prepare and publish draft programmatic
environmental impact statements which assess the environmental impacts of exploration
and commercial recovery in such areas;
(B) afford all interested parties a reasonable
time after such dates of publication to submit
comments to the Administrator on such draft
statements; and
(C) thereafter prepare (giving full consideration to all comments submitted under subparagraph (B)) and publish final programmatic
environmental impact statements regarding
such areas.
(2) With respect to the area of the oceans in
which exploration and commercial recovery by
any United States citizen will likely first occur
under the authority of this chapter, the Administrator shall prepare a draft and final programmatic environmental impact statement as
required under paragraph (1), except that—
(A) the draft programmatic environmental
impact statement shall be prepared and published as soon as practicable but not later
than 270 days (or such longer period as the Administrator may establish for good cause
shown) after June 28, 1980; and
(B) the final programmatic environmental
impact statement shall be prepared and published within 180 days (or such longer period as
the Administrator may establish for good
cause shown) after the date on which the draft
statement is published.
(d) Environmental impact statements on issuance of licenses and permits
The issuance of, but not the certification of an
application for, any license or permit under this
subchapter shall be deemed to be a major Federal action significantly affecting the quality of
the human environment for purposes of section
4332 of title 42. In preparing an environmental
impact statement pursuant to this subsection,
the Administrator shall consult with the agency
heads referred to in subsection (b) of this section
and shall take into account, and give due consideration to, the relevant information contained in any applicable studies and any other
environmental impact statement prepared pursuant to this section. Each draft environmental
impact statement prepared pursuant to this subsection shall be published, with the terms, conditions, and restrictions proposed pursuant to
section 1415(b) of this title, within 180 days (or
such longer period as the Administrator may establish for good cause shown in writing) following the date on which the application for the license or permit concerned is certified by the Administrator. Each final environmental impact
statement shall be published 180 days (or such
longer period as the Administrator may establish for good cause shown in writing) following
the date on which the draft environmental impact statement is published.
(e) Effect on other law
For the purposes of this chapter, any vessel or
other floating craft engaged in commercial re-

§ 1420

TITLE 30—MINERAL LANDS AND MINING

covery or exploration shall not be deemed to be
‘‘a vessel or other floating craft’’ under section
502(12)(B) of the Clean Water Act [33 U.S.C.
1362(12)(B)] and any discharge of a pollutant
from such vessel or other floating craft shall be
subject to the Clean Water Act [33 U.S.C. 1251 et
seq.].
(f) Stable reference areas
(1) Within one year after June 28, 1980, the Secretary of State shall, in cooperation with the
Administrator and as part of the international
consultations pursuant to section 1428(f) of this
title, negotiate with all nations that are identified in such subsection for the purpose of establishing international stable reference areas in
which no mining shall take place: Provided, however, That this subsection shall not be construed
as requiring any substantial withdrawal of deep
seabed areas from deep seabed mining authorized by this chapter.
(2) Nothing in this chapter shall be construed
as authorizing the United States to unilaterally
establish such reference area or areas nor shall
the United States recognize the unilateral claim
to such reference area or areas by any State.
(3) Within four years after June 28, 1980, the
Secretary of State shall submit a report to Congress on the progress of establishing such stable
reference areas, including the designation of appropriate zones to insure a representative and
stable biota of the deep seabed.
(4) For purposes of this section ‘‘stable reference areas’’ shall mean an area or areas of the
deep seabed to be used as a reference zone or
zones for purposes of resource evaluation and
environmental assessment of deep seabed mining in which no mining will occur.
(Pub. L. 96–283, title I, § 109, June 28, 1980, 94
Stat. 568.)
REFERENCES IN TEXT
The Clean Water Act, referred to in subsec. (e), is act
June 30, 1948, ch. 758, as amended generally by Pub. L.
92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as the
Federal Water Pollution Control Act, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33,
Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note
set out under section 1251 of Title 33 and Tables.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1420. Conservation of natural resources
For the purpose of conservation of natural resources, each license and permit issued under
this subchapter shall contain, as needed, terms,
conditions, and restrictions which have due regard for the prevention of waste and the future
opportunity for the commercial recovery of the
unrecovered balance of the hard mineral resources in the area to which the license or permit applies. In establishing these terms, condi-

Page 314

tions, and restrictions, the Administrator shall
consider the state of the technology, the processing system utilized and the value and potential use of any waste, the environmental effects
of the exploration or commercial recovery activities, economic and resource data, and the national need for hard mineral resources. As used
in this chapter, the term ‘‘conservation of natural resources’’ is not intended to grant, imply,
or create any inference of production controls or
price regulation, in particular those which
would affect the volume of production, prices,
profits, markets, or the decision of which minerals or metals are to be recovered, except as
such effects may be incidental to actions taken
pursuant to this section.
(Pub. L. 96–283, title I, § 110, June 28, 1980, 94
Stat. 570.)
§ 1421. Prevention of interference with other
uses of the high seas
Each license and permit issued under this subchapter shall include such restrictions as may
be necessary and appropriate to ensure that exploration or commercial recovery activities conducted by the licensee or permittee do not unreasonably interfere with the interests of other
states in their exercise of the freedoms of the
high seas, as recognized under general principles
of international law.
(Pub. L. 96–283, title I, § 111, June 28, 1980, 94
Stat. 571.)
§ 1422. Safety of life and property at sea
(a) Conditions regarding vessels
The Secretary of the department in which the
Coast Guard is operating, in consultation with
the Administrator, shall require in any license
or permit issued under this subchapter, in conformity with principles of international law,
that vessels documented under the laws of the
United States and used in activities authorized
under the license or permit comply with conditions regarding the design, construction, alteration, repair, equipment, operation, manning,
and maintenance relating to vessel and crew
safety and the promotion of safety of life and
property at sea.
(b) Applicability of other laws
Notwithstanding any other provision of law,
any vessel described in subsection (a) of this section shall be subject to the provisions of chapter
51 of title 46, and to the provisions of titles 52
and 53 of the Revised Statutes and all Acts
amendatory thereof or supplementary thereto.
(Pub. L. 96–283, title I, § 112, June 28, 1980, 94
Stat. 571.)
REFERENCES IN TEXT
Title 52 of the Revised Statutes, referred to in subsec.
(b), consisted of R.S. §§ 4399 to 4500, which were classified to sections 170, 214, 215, 222, 224, 224a, 226, 228, 229,
230 to 234, 239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384,
385, 391, 391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440,
451 to 453, 460, 461 to 463, 464, 466, 467 to 482, and 489 to
498 of former Title 46, Shipping. For complete classification of R.S. §§ 4399 to 4500 to the Code, see Tables.
A majority of such sections of the Revised Statutes
were repealed and various provisions thereof were reen-

Page 315

TITLE 30—MINERAL LANDS AND MINING

acted in Title 46, Shipping, by Pub. L. 98–89, Aug. 26,
1983, 97 Stat. 500. For disposition of sections of former
Title 46 into revised Title 46, see Disposition Table preceding section 101 of Title 46.
Title 53 of the Revised Statutes, referred to in subsec.
(b), consisted of R.S. §§ 4501 to 4612, which were classified to sections 541 to 543, 545 to 549, 561, 562, 564 to 571,
574 to 578, 591 to 597, 600, 602 to 605, 621 to 628, 641 to 643,
644, 645, 651 to 660, 661 to 669, 674 to 679, 681 to 687, 701
to 710, and 711 to 713 of former Title 46, Shipping. For
complete classification of R.S. §§ 4501 to 4612 to the
Code, see Tables. A majority of such sections of the Revised Statutes were repealed and various provisions
thereof were reenacted in Title 46, Shipping, by Pub. L.
98–89, Aug. 26, 1983, 97 Stat. 500. For disposition of sections of former Title 46 into revised Title 46, see Disposition Table preceding section 101 of Title 46.
CODIFICATION
In subsec. (b), ‘‘chapter 51 of title 46’’ substituted for
‘‘the International Voyage Load Line Act of 1973’’ on
authority of Pub. L. 99–509, title V, § 5103(b), Oct. 21,
1986, 100 Stat. 1927, section 5101 of which enacted parts
C and J of subtitle II of Title 46, Shipping.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1423. Records, audits, and public disclosure
(a) Records and audits
(1) Each licensee and permittee shall keep
such records, consistent with standard accounting principles, as the Administrator shall by
regulation prescribe. Such records shall include
information which will fully disclose expenditures for exploration and commercial recovery,
including processing, of hard mineral resources,
and such other information as will facilitate an
effective audit of such expenditures.
(2) The Administrator and the Comptroller
General of the United States, or any of their
duly authorized representatives, shall have access, for purposes of audit and examination, to
any books, documents, papers, and records of licensees and permittees which are necessary and
directly pertinent to verify the expenditures referred to in paragraph (1).
(b) Submission of data and information
Each licensee and permittee shall be required
to submit to the Administrator such data or
other information as the Administrator may
reasonably need for purposes of making determinations with respect to the issuance, revocation, modification, or suspension of any license
or permit; compliance with the reporting requirement contained in section 1469 1 of this
title; and evaluation of the exploration or commercial recovery activities conducted by the licensee or permittee.
(c) Public disclosure
Copies of any document, report, communication, or other record maintained or received by
1 See

References in Text note below.

§ 1425

the Administrator containing data or information required under this subchapter shall be
made available to any person upon any request
which (1) reasonably describes such record and
(2) is made in accordance with rules adopted by
the Administrator stating the time, place, fees
(if any, not to exceed the direct cost of the services rendered), and procedures to be followed, except that neither the Administrator nor any
other officer or employee of the United States
may disclose any data or information knowingly
and willingly required under this subchapter the
disclosure of which is prohibited by section 1905
of title 18. Any officer or employee of the United
States who discloses data or information in violation of this subsection shall be subject to the
penalties set forth in section 1463(b) of this title.
(Pub. L. 96–283, title I, § 113, June 28, 1980, 94
Stat. 571.)
REFERENCES IN TEXT
Section 1469 of this title, referred to in subsec. (b),
was omitted from the Code.

§ 1424. Monitoring of activities of licensees and
permittees
Each license and permit issued under this subchapter shall require the licensee or permittee—
(1) to allow the Administrator to place appropriate Federal officers or employees as observers aboard vessels used by the licensee or
permittee in exploration or commercial recovery activities (A) to monitor such activities at
such time, and to such extent, as the Administrator deems reasonable and necessary to assess the effectiveness of the terms, conditions,
and restrictions of the license or permit, and
(B) to report to the Administrator whenever
such officers or employees have reason to believe there is a failure to comply with such
terms, conditions, and restrictions;
(2) to cooperate with such officers and employees in the performance of monitoring
functions; and
(3) to monitor the environmental effects of
the exploration and commercial recovery activities in accordance with guidelines issued
by the Administrator and to submit such information as the Administrator finds to be
necessary and appropriate to assess environmental impacts and to develop and evaluate
possible methods of mitigating adverse environmental effects.
(Pub. L. 96–283, title I, § 114, June 28, 1980, 94
Stat. 572.)
§ 1425. Relinquishment, surrender, and transfer
of licenses and permits
(a) Relinquishment and surrender
Any licensee or permittee may at any time,
without penalty—
(1) surrender to the Administrator a license
or a permit issued to the licensee or permittee; or
(2) relinquish to the Administrator, in whole
or in part, any right to conduct any exploration or commercial recovery activities authorized by the license or permit.
Any licensee or permittee who surrenders a license or permit, or relinquishes any such right,

§ 1426

TITLE 30—MINERAL LANDS AND MINING

shall remain liable with respect to all violations
and penalties incurred, and damage to persons
or property caused, by the licensee or permittee
as a result of activities engaged in by the licensee or permittee under such license or permit.
(b) Transfer
Any license or permit, upon written request of
the licensee or permittee, may be transferred by
the Administrator; except that no such transfer
may occur unless the proposed transferee is a
United States citizen and until the Administrator determines that (1) the proposed transfer
is in the public interest, and (2) the proposed
transferee and the exploration or commercial recovery activities the transferee proposes to conduct meet the requirements of this chapter and
regulations issued under this chapter.
(Pub. L. 96–283, title I, § 115, June 28, 1980, 94
Stat. 572.)
§ 1426. Public notice and hearings
(a) Required procedures
The Administrator may issue regulations to
carry out this chapter, establish and significantly modify terms, conditions, and restrictions in licenses and permits issued under this
subchapter, and issue or transfer licenses and
permits under this subchapter, only after public
notice and opportunity for comment and hearings in accordance with the following:
(1) The Administrator shall publish in the
Federal Register notice of all applications for
licenses and permits, all proposals to issue or
transfer licenses and permits, all regulations
implementing this chapter, all terms, conditions, and restrictions on licenses and permits,
and all proposals to significantly modify licenses and permits. Interested persons shall be
permitted to examine the materials relevant
to any of these actions, and shall have at least
60 days after publication of such notice to submit written comments to the Administrator.
(2) The Administrator shall hold a public
hearing in an appropriate location and may
employ such additional methods as the Administrator deems appropriate to inform interested persons about each action specified in
paragraph (1) and to invite their comments
thereon.
(b) Adjudicatory hearing
If the Administrator determines that there exists one or more specific and material factual issues which require resolution by formal processes, at least one adjudicatory hearing shall be
held in the District of Columbia in accordance
with the provisions of section 554 of title 5. The
record developed in any such adjudicatory hearing shall be part of the basis for the Administrator’s decision to take any action referred to in
subsection (a) of this section. Hearings held pursuant to this section shall be consolidated insofar as practicable with hearings held by other
agencies.
(Pub. L. 96–283, title I, § 116, June 28, 1980, 94
Stat. 573.)

Page 316

§ 1427. Civil actions
(a) Equitable relief
Except as provided in subsection (b) of this
section, any person may commence a civil action for equitable relief on that person’s behalf
in the United States District Court for the District of Columbia—
(1) against any person who is alleged to be in
violation of any provision of this chapter or
any condition of a license or permit issued
under this subchapter; or
(2) against the Administrator when there is
alleged a failure of the Administrator to perform any act or duty under this chapter which
is not discretionary,
if the person bringing the action has a valid
legal interest which is or may be adversely affected by such alleged violation or failure to
perform. In suits brought under this subsection,
the district court shall have jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce the provisions of this chapter, or any term, condition, or
restriction of a license or permit issued under
this subchapter, or to order the Administrator
to perform such act or duty.
(b) Notice
No civil action may be commenced—
(1) under subsection (a)(1) of this section—
(A) prior to 60 days after the plaintiff has
given notice of the alleged violation to the
Administrator and to any alleged violator;
or
(B) if the Administrator or the Attorney
General has commenced and is diligently
prosecuting a civil or criminal action with
respect to the alleged violation in a court of
the United States; except that in any such
civil action, any person having a valid legal
interest which is or may be adversely affected by the alleged violation may intervene; or
(2) under subsection (a)(2) of this section,
prior to 60 days after the plaintiff has given
notice of such action to the Administrator.
Notice under this subsection shall be given in
such a manner as the Administrator shall prescribe by regulation.
(c) Costs and fees
The court, in issuing any final order in any action brought under subsection (a) of this section,
may award costs of litigation, including reasonable attorney and expert witness fees, to any
party whenever the court determines that such
an award is appropriate.
(d) Relationship to other law
Nothing in this section shall restrict the
rights which any person or class of persons may
have under other law to seek enforcement or to
seek any other relief. All vessel safety and environmental requirements of or under this chapter
shall be in addition to other requirements of
law.
(Pub. L. 96–283, title I, § 117, June 28, 1980, 94
Stat. 573.)

Page 317

TITLE 30—MINERAL LANDS AND MINING

§ 1428. Reciprocating states
(a) Designation
The Administrator, in consultation with the
Secretary of State and the heads of other appropriate departments and agencies, may designate
any foreign nation as a reciprocating state if the
Secretary of State finds that such foreign nation—
(1) regulates the conduct of its citizens and
other persons subject to its jurisdiction engaged in exploration for, and commercial recovery of, hard mineral resources of the deep
seabed in a manner compatible with that provided in this chapter and the regulations issued under this chapter, which includes adequate measures for the protection of the environment, the conservation of natural resources, and the safety of life and property at
sea, and includes effective enforcement provisions;
(2) recognizes licenses and permits issued
under this subchapter to the extent that such
nation, under its laws, (A) prohibits any person from engaging in exploration or commercial recovery which conflicts with that authorized under any such license or permit and
(B) complies with the date for issuance of licenses and the effective date for permits provided in section 1412(c)(1)(D) of this title;
(3) recognizes, under its procedures, priorities of right, consistent with those provided
in this chapter and the regulations issued
under this chapter, for applications for licenses for exploration or permits for commercial recovery, which applications are made either under its procedures or under this chapter; and
(4) provides an interim legal framework for
exploration and commercial recovery which
does not unreasonably interfere with the interests of other states in their exercise of the
freedoms of the high seas, as recognized under
general principles of international law.
(b) Effect of designation
No license or permit shall be issued under this
subchapter permitting any exploration or commercial recovery which will conflict with any license, permit, or equivalent authorization issued by any foreign nation which is designated
as a reciprocating state under subsection (a) of
this section.
(c) Notification
Upon receipt of any application for a license
or permit under this subchapter, the Administrator shall immediately notify all reciprocating states of such application. The notification
shall include those portions of the exploration
plan or recovery plan submitted with respect to
the application, or a summary thereof, and any
other appropriate information not required to be
withheld from public disclosure by section
1423(c) of this title.
(d) Revocation of reciprocating state status
The Administrator, in consultation with the
Secretary of State and the heads of other appropriate departments and agencies, shall revoke
the designation of a foreign nation as a reciprocating state if the Secretary of State finds

§ 1441

that such foreign nation no longer complies
with the requirements of subsection (a) of this
section. At the request of any holder of a license, permit, or equivalent authorization of
such foreign nation, who obtained the license,
permit, or equivalent authorization while such
foreign nation was a reciprocating state, the Administrator, in consultation with the Secretary
of State, may decide to recognize the license,
permit, or equivalent authorization for purposes
of subsection (b) of this section.
(e) Authorization
The President is authorized to negotiate
agreements with foreign nations necessary to
implement this section.
(f) International consultations
The Administrator, in consultation with the
Secretary of State and the heads of other appropriate departments and agencies, shall consult
with foreign nations which enact, or are preparing to enact, domestic legislation establishing
an interim legal framework for exploration and
commercial recovery of hard mineral resources.
Such consultations shall be carried out with a
view to facilitating the designation of such nations as reciprocating states and, as necessary,
the negotiation of agreements with foreign nations authorized by subsection (e) of this section. In addition, the Administrator shall provide such foreign nations with information on
environmental impacts of exploration and commercial recovery activities, and shall provide
any technical assistance requested in designing
regulatory measures to protect the environment.
(Pub. L. 96–283, title I, § 118, June 28, 1980, 94
Stat. 574.)
SUBCHAPTER II—TRANSITION TO
INTERNATIONAL AGREEMENT
§ 1441. Declaration of Congressional intent
It is the intent of Congress—
(1) that any international agreement to
which the United States becomes a party
should, in addition to promoting other national oceans objectives—
(A) provide assured and nondiscriminatory
access, under reasonable terms and conditions, to the hard mineral resources of the
deep seabed for United States citizens, and
(B) provide security of tenure by recognizing the rights of United States citizens who
have undertaken exploration or commercial
recovery under subchapter I of this chapter
before such agreement enters into force with
respect to the United States to continue
their operations under terms, conditions,
and restrictions which do not impose significant new economic burdens upon such citizens with respect to such operations with
the effect of preventing the continuation of
such operations on a viable economic basis;
(2) that the extent to which any such international agreement conforms to the provisions
of paragraph (1) should be determined by the
totality of the provisions of such agreement,
including, but not limited to, the practical implications for the security of investments of

§ 1442

TITLE 30—MINERAL LANDS AND MINING

any discretionary powers granted to an international regulatory body, the structures and
decisionmaking procedures of such body, the
availability of impartial and effective procedures for the settlement of disputes, and any
features that tend to discriminate against exploration and commercial recovery activities
undertaken by United States citizens; and
(3) that this chapter should be transitional
pending—
(A) the adoption of an international agreement at the Third United Nations Conference on the Law of the Sea, and the entering into force of such agreement, or portions
thereof, with respect to the United States,
or
(B) if such adoption is not forthcoming,
the negotiation of a multilateral or other
treaty concerning the deep seabed, and the
entering into force of such treaty with respect to the United States.
(Pub. L. 96–283, title II, § 201, June 28, 1980, 94
Stat. 575.)
§ 1442. Effect of international agreement
If an international agreement enters into
force with respect to the United States, any provision of subchapter I of this chapter, this subchapter, or subchapter III of this chapter, and
any regulation issued under any such provision,
which is not inconsistent with such international agreement shall continue in effect with
respect to United States citizens. In the implementation of such international agreement the
Administrator, in consultation with the Secretary of State, shall make every effort, to the
maximum extent practicable consistent with
the provisions of that agreement, to provide for
the continued operation of exploration and commercial recovery activities undertaken by
United States citizens prior to entry into force
of the agreement. The Administrator shall submit to the Congress, within one year after the
date of such entry into force, a report on the actions taken by the Administrator under this section, which report shall include, but not be limited to—
(1) a description of the status of deep seabed
mining operations of United States citizens
under the international agreement; and
(2) an assessment of whether United States
citizens who were engaged in exploration or
commercial recovery on the date such agreement entered into force have been permitted
to continue their operations.
(Pub. L. 96–283, title II, § 202, June 28, 1980, 94
Stat. 576.)
§ 1443. Protection of interim investments
In order to further the objectives set forth in
section 1441 of this title, the Administrator, not
more than one year after June 28, 1980—
(1) shall submit to the Congress proposed
legislation necessary for the United States to
implement a system for the protection of interim investments that has been adopted as
part of an international agreement and any
resolution relating to such international
agreement; or

Page 318

(2) if a system for the protection of interim
investments has not been so adopted, shall report to the Congress on the status of negotiations relating to the establishment of such a
system.
(Pub. L. 96–283, title II, § 203, June 28, 1980, 94
Stat. 576.)
§ 1444. Disclaimer of obligation to pay compensation
Sections 1441 and 1442 of this title do not create or express any legal or moral obligation on
the part of the United States Government to
compensate any person for any impairment of
the value of that person’s investment in any operation for exploration or commercial recovery
under subchapter I of this chapter which might
occur in connection with the entering into force
of an international agreement with respect to
the United States.
(Pub. L. 96–283, title II, § 204, June 28, 1980, 94
Stat. 576.)
SUBCHAPTER III—ENFORCEMENT AND
MISCELLANEOUS PROVISIONS
§ 1461. Prohibited acts
It is unlawful for any person who is a United
States citizen, or a foreign national on board a
vessel documented or numbered under the laws
of the United States, or subject to the jurisdiction of the United States under a reciprocating
state agreement negotiated under section 1428(e)
of this title—
(1) to violate any provision of this chapter,
any regulation issued under this chapter, or
any term, condition, or restriction of any license or permit issued to such person under
this chapter;
(2) to engage in exploration or commercial
recovery after the revocation, or during the
period of suspension, of an applicable license
or permit issued under this chapter, to engage
in a particular exploration or commercial recovery activity during the period such activity has been suspended under this chapter, or
to fail to modify a particular exploration or
commercial recovery activity for which modification was required under this chapter;
(3) to refuse to permit any Federal officer or
employee authorized to monitor or enforce the
provisions of this chapter, as provided in sections 1424 and 1464 of this title, to board a vessel documented or numbered under the laws of
the United States, or any vessel for which
such boarding is authorized by a treaty or executive agreement, for purposes of conducting
any search or inspection in connection with
the monitoring or enforcement of this chapter
or any regulation, term, condition, or restriction referred to in paragraph (1);
(4) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such
authorized officer or employee in the conduct
of any search or inspection described in paragraph (3);
(5) to resist a lawful arrest for any act prohibited by this section;
(6) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, con-

Page 319

TITLE 30—MINERAL LANDS AND MINING

trol, or possession of any hard mineral resource recovered, processed, or retained in violation of this chapter or any regulation, term,
condition, or restriction referred to in paragraph (1); or
(7) to interfere with, delay, or prevent, by
any means, the apprehension or arrest of any
other person subject to this section knowing
that such other person has committed any act
prohibited by this section.
(Pub. L. 96–283, title III, § 301, June 28, 1980, 94
Stat. 577.)
§ 1462. Civil penalties
(a) Assessment of penalty
Any person subject to section 1461 of this title
who is found by the Administrator, after notice
and an opportunity for a hearing in accordance
with section 554 of title 5, to have committed
any act prohibited by section 1461 of this title
shall be liable to the United States for a civil
penalty. The amount of the civil penalty shall
not exceed $25,000 for each violation. Each day of
a continuing violation shall constitute a separate offense. The amount of such civil penalty
shall be assessed by the Administrator by written notice. In determining the amount of such
penalty, the Administrator shall take into account the nature, circumstances, extent, and
gravity of the prohibited act committed and,
with respect to the violator, any history of prior
offenses, good faith demonstrated in attempting
to achieve timely compliance after being cited
for the violation, and such other matters as justice may require.
(b) Review of civil penalty
Any person subject to section 1461 of this title
against whom a civil penalty is assessed under
subsection (a) of this section may obtain review
thereof in an appropriate district court of the
United States by filing a notice of appeal in
such court within 30 days from the date of such
order and by simultaneously sending a copy of
such notice by certified mail to the Administrator. The Administrator shall promptly file in
such court a certified copy of the record upon
which the particular violation was found and
such penalty was imposed, as provided in section
2112 of title 28. The findings and order of the Administrator shall be set aside by such court if
they are not found to be supported by substantial evidence, as provided in section 706(2)(E) of
title 5.
(c) Action upon failure to pay assessment
If any person subject to section 1461 of this
title fails to pay a civil penalty assessed against
such person after the penalty has become final,
or after the appropriate court has entered final
judgment in favor of the Administrator, the Administrator shall refer the matter to the Attorney General of the United States, who shall recover the civil penalty assessed in any appropriate district court of the United States. In
such action, the validity and appropriateness of
the final order imposing the civil penalty shall
not be subject to review.
(d) Compromise or other action by the Administrator
The Administrator may compromise, modify,
or remit, with or without conditions, any civil

§ 1464

penalty which is subject to imposition or which
has been imposed under this section unless an
action brought under subsection (b) or (c) of this
section is pending in a court of the United
States.
(Pub. L. 96–283, title III, § 302, June 28, 1980, 94
Stat. 577.)
§ 1463. Criminal offenses
(a) Offense
A person subject to section 1461 of this title is
guilty of an offense if such person willfully and
knowingly commits any act prohibited by section 1461 of this title.
(b) Punishment
Any offense described in paragraphs (1), (2),
and (6) of section 1461 of this title is punishable
by a fine of not more than $75,000 for each day
during which the violation continues. Any offense described in paragraphs (3), (4), (5), and (7)
of section 1461 of this title is punishable by a
fine of not more than $75,000 or imprisonment
for not more than six months, or both. If, in the
commission of any offense, the person subject to
the jurisdiction of the United States uses a dangerous weapon, engages in conduct that causes
bodily injury to any Federal officer or employee,
or places any such Federal officer or employee
in fear of imminent bodily injury, the offense is
punishable by a fine of not more than $100,000 or
imprisonment for not more than ten years, or
both.
(Pub. L. 96–283, title III, § 303, June 28, 1980, 94
Stat. 578.)
§ 1464. Enforcement
(a) Responsibility
Subject to the other provisions of this subsection, the Administrator shall enforce the provisions of this chapter. The Secretary of the department in which the Coast Guard is operating
shall exercise such other enforcement responsibilities with respect to vessels subject to the
provisions of this chapter as are authorized
under other provisions of law and may, upon the
specific request of the Administrator, assist the
Administrator in the enforcement of the provisions of this chapter. The Secretary of the department in which the Coast Guard is operating
shall have the exclusive responsibility for enforcement measures which affect the safety of
life and property at sea. The Administrator and
the Secretary of the department in which the
Coast Guard is operating may, by agreement, on
a reimbursable basis or otherwise, utilize the
personnel, services, equipment, including aircraft and vessels, and facilities of any other Federal agency or department, and may authorize
officers or employees of other departments or
agencies to provide assistance as necessary in
carrying out subsection (b) of this section. While
providing such assistance, these officers and employees shall be under the control, authority,
and supervision of the Coast Guard. The Administrator and the Secretary of the department in
which the Coast Guard is operating may issue
regulations jointly or severally as may be necessary and appropriate to carry out their duties
under this section.

TITLE 30—MINERAL LANDS AND MINING

§ 1465

(b) Powers of authorized officers
To enforce this chapter on board any vessel
subject to the provisions of this chapter, any officer who is authorized by the Administrator or
by the Secretary of the department in which the
Coast Guard is operating may—
(1) board and inspect any vessel which is subject to the provisions of this chapter;
(2) search any such vessel if the officer has
reasonable cause to believe that the vessel has
been used or employed in the violation of any
provision of this chapter;
(3) arrest any person subject to section 1461
of this title if the officer has reasonable cause
to believe that the person has committed a
criminal offense under section 1463 of this
title;
(4) seize any such vessel together with its
gear, furniture, appurtenances, stores, and
cargo, used or employed in, or with respect to
which it reasonably appears that such vessel
was used or employed in, the violation of any
provision of this chapter if such seizure is necessary to prevent evasion of the enforcement
of this chapter;
(5) seize any hard mineral resource recovered
or processed in violation of any provision of
this chapter;
(6) seize any other evidence related to any
violation of any provision of this chapter;
(7) execute any warrant or other process issued by any court of competent jurisdiction;
and
(8) exercise any other lawful authority.
(c) Definitions
For purposes of this section, the term ‘‘provisions of this chapter’’ or ‘‘provision of this chapter’’ means (1) any provision of subchapter I or
II of this chapter or this subchapter, (2) any regulation issued under subchapter I of this chapter, subchapter II of this chapter, or this subchapter, and (3) any term, condition, or restriction of any license or permit issued under subchapter I of this chapter.
(d) Proprietary information
Proprietary and privileged information seized
or maintained under this subchapter concerning
a person or vessel engaged in exploration or
commercial recovery shall not be made available for general or public use or inspection. The
Administrator and the Secretary of the department in which the Coast Guard is operating
shall issue regulations to insure the confidentiality of privileged and proprietary information.
(Pub. L. 96–283, title III, § 304, June 28, 1980, 94
Stat. 578.)
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1465. Liability of vessels
Any vessel documented or numbered under the
laws of the United States (except a public vessel

Page 320

engaged in noncommercial activities) which is
used in any violation of this chapter, any regulation issued under this chapter, or any term,
condition, or restriction of any license or permit
issued under subchapter I of this chapter shall
be liable in rem for any civil penalty assessed or
criminal fine imposed and may be proceeded
against in any district court of the United
States having jurisdiction thereof.
(Pub. L. 96–283, title III, § 305, June 28, 1980, 94
Stat. 579.)
§ 1466. Civil forfeitures
(a) In general
Any vessel subject to the provisions of sections 1464 and 1465 of this title, including its
gear, furniture, appurtenances, stores, and
cargo, which is used, in any manner, in connection with or as a result of the commission of any
act prohibited by section 1461 of this title and
any hard mineral resource which is recovered,
processed, or retained, in any manner, in connection with or as a result of the commission of
any such act, shall be subject to forfeiture to
the United States. All or part of such vessel, and
all such hard mineral resources, may be forfeited to the United States pursuant to a civil
proceeding under this section. All provisions of
law relating to the seizure, judicial forfeiture,
and condemnation of a vessel or cargo for violation of the customs laws, and the disposition of
the vessel, cargo, or proceeds from the sale
thereof and the remission or mitigation of such
forfeitures shall apply to seizures and forfeitures
incurred or alleged to have been incurred under
the provisions of this section insofar as such
provisions of law are applicable and not inconsistent with this chapter.
(b) Jurisdiction of courts
Any district court of the United States which
has jurisdiction under section 1467 of this title
shall have jurisdiction, upon application by the
Attorney General on behalf of the United States,
to order any forfeiture authorized under subsection (a) of this section and any action provided for under subsection (d) of this section.
(c) Judgment
If a judgment is entered for the United States
in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the
United States which has not previously been
seized pursuant to this chapter or for which security has not previously been obtained under
subsection (d) of this section.
(d) Procedure
Any officer authorized to serve any process in
rem which is issued by a court having jurisdiction under section 1467 of this title shall stay
the execution of such process, or discharge any
property seized pursuant to such process, upon
the receipt of a satisfactory bond or other security from any person subject to section 1461 of
this title claiming such property. Such bond or
other security shall be conditioned upon such
person (1) delivering such property to the appropriate court upon order thereof, without any impairment of its value; or (2) paying the mone-

Page 321

TITLE 30—MINERAL LANDS AND MINING

tary value of such property pursuant to any
order of such court. Judgment shall be recoverable on such bond or other security against both
the principal and any sureties in the event that
any condition thereof is breached, as determined
by such court.
(e) Rebuttable presumption
For purposes of this section, it shall be a rebuttable presumption that all hard mineral resources found on board a vessel subject to the
provisions of sections 1464 and 1465 of this title
which is seized in connection with an act prohibited by section 1461 of this title were recovered,
processed, or retained in violation of this chapter.
(Pub. L. 96–283, title III, § 306, June 28, 1980, 94
Stat. 580.)
§ 1467. Jurisdiction of courts
The district courts of the United States shall
have exclusive jurisdiction over any case or controversy arising under the provisions of this
chapter. These courts may, at any time—
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other
process;
(3) prescribe and accept satisfactory bonds
or other security; and
(4) take such other actions as are in the interest of justice.
(Pub. L. 96–283, title III, § 307, June 28, 1980, 94
Stat. 580.)
§ 1468. Regulations
(a) Proposed regulations
Not later than 270 days after June 28, 1980, the
Administrator shall solicit the views of the
agency heads referred to in section 1419(b) of
this title and of interested persons, and issue, in
accordance with section 553 of title 5, such proposed regulations as are required by or are necessary and appropriate to implement subchapters I and II of this chapter and this subchapter. The Administrator shall hold at least
one public hearing on such proposed regulations.
(b) Final regulations
Not later than 180 days after the date on which
proposed regulations are issued pursuant to subsection (a) of this section, the Administrator
shall solicit the views of the agency heads referred to in section 1419(b) of this title and of interested persons, consider the comments received during the public hearing required in subsection (a) of this section and any written comments on the proposed regulations received by
the Administrator, and issue, in accordance
with section 553 of title 5, such regulations as
are required by or are necessary and appropriate
to implement subchapters I and II of this chapter and this subchapter.
(c) Amendments
The Administrator may at any time amend
regulations issued pursuant to subsection (b) of
this section as the Administrator determines to
be necessary and appropriate in order to provide
for the conservation of natural resources within
the meaning of section 1420 of this title, protec-

§ 1470

tion of the environment, and the safety of life
and property at sea. Such amended regulations
shall apply to all exploration or commercial recovery activities conducted under any license or
permit issued or maintained pursuant to this
chapter; except that any such amended regulations which provide for conservation of natural
resources shall apply to exploration or commercial recovery conducted under an existing license or permit during the present term of such
license or permit only if the Administrator determines that such amended regulations providing for conservation of natural resources will
not impose serious or irreparable economic
hardship on the licensee or permittee. Any
amendment to regulations under this subsection
shall be made on the record after an opportunity
for an agency hearing.
(d) Consistency
This chapter and the regulations issued under
this chapter shall not be deemed to supersede
any other Federal laws or treaties or regulations
issued thereunder.
(Pub. L. 96–283, title III, § 308, June 28, 1980, 94
Stat. 581.)
§ 1469. Omitted
CODIFICATION
Section, Pub. L. 96–283, title III, § 309, June 28, 1980, 94
Stat. 581, which required the Administrator of the National Oceanic and Atmospheric Administration to submit a biennial report to Congress on the administration
of this chapter, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set
out as a note under section 1113 of Title 31, Money and
Finance. See, also, page 54 of House Document No.
103–7.

§ 1470. Authorization of appropriations
There are authorized to be appropriated to the
Administrator, for purposes of carrying out the
provisions of subchapters I and II of this chapter
and this subchapter, such sums as may be necessary for the fiscal years ending September 30,
1981, and September 30, 1982, and $1,469,000 for
the fiscal year ending September 30, 1983,
$2,150,000 for the fiscal year ending September
30, 1984, $1,500,000 for each of the fiscal years
ending September 30, 1985, and September 30,
1986, $1,500,000 for each of the fiscal years ending
September 30, 1987, September 30, 1988, and September 30, 1989, and $1,525,000 for each of the fiscal years 1990, 1991, 1992, 1993, and 1994.
(Pub. L. 96–283, title III, § 310, June 28, 1980, 94
Stat. 582; Pub. L. 97–416, Jan. 4, 1983, 96 Stat.
2084; Pub. L. 98–623, title IV, § 403, Nov. 8, 1984, 98
Stat. 3408; Pub. L. 99–507, § 2, Oct. 21, 1986, 100
Stat. 1847; Pub. L. 101–178, § 1, Nov. 28, 1989, 103
Stat. 1297.)
AMENDMENTS
1989—Pub. L. 101–178 inserted provisions authorizing
appropriations of $1,525,000 for each of fiscal years 1990,
1991, 1992, 1993, and 1994.
1986—Pub. L. 99–507 inserted provisions authorizing
appropriations of $1,500,000 for each of fiscal years ending Sept. 30, 1987, Sept. 30, 1988, and Sept. 30, 1989.
1984—Pub. L. 98–623 inserted provisions authorizing
appropriations of $1,500,000 for each of fiscal years ending Sept. 30, 1985, and Sept. 30, 1986.

§ 1471

TITLE 30—MINERAL LANDS AND MINING

1983—Pub. L. 97–416 inserted provisions authorizing
appropriations of $1,469,000 for fiscal year ending Sept.
30, 1983, and $2,150,000 for fiscal year ending Sept. 30,
1984.

§ 1471. Severability
If any provision of this chapter or any application thereof is held invalid, the validity of the
remainder of the chapter, or any other application, shall not be affected thereby.
(Pub. L. 96–283, title III, § 311, June 28, 1980, 94
Stat. 582.)
§ 1472. Deep Seabed Revenue Sharing Trust
Fund; establishment
(a) Creation of Trust Fund
There is established in the Treasury of the
United States a trust fund to be known as the
‘‘Deep Seabed Revenue Sharing Trust Fund’’
(hereinafter in this section referred to as the
‘‘Trust Fund’’), consisting of such amounts as
may be appropriated or credited to the Trust
Fund as provided in this section.
(b) Transfer to Trust Fund of amounts equivalent to certain taxes
(1) In general
There are hereby appropriated to the Trust
Fund amounts determined by the Secretary of
the Treasury to be equivalent to the amounts
of the taxes received in the Treasury under
section 4495 1 of title 26.
(2) Method of transfer
The amounts appropriated by paragraph (1)
shall be transferred at least quarterly from
the general fund of the Treasury to the Trust
Fund on the basis of estimates made by the
Secretary of the Treasury of the amounts referred to in paragraph (1) received in the
Treasury. Proper adjustments shall be made in
the amounts subsequently transferred to the
extent prior estimates were in excess of or less
than the amount required to be transferred.
(c) Management of Trust Fund
(1) Report
It shall be the duty of the Secretary of the
Treasury to hold the Trust Fund, and to report to the Congress for the fiscal year ending
September 30, 1980, and each fiscal year thereafter on the financial condition and the results of the operations of the Trust Fund during the preceding year and on its expected
condition and operations during the fiscal
year and the next five fiscal years after the
fiscal year. Such report shall be printed as a
House document of the session of the Congress
to which the report is made.
(2) Investment
(A) In general
It shall be the duty of the Secretary of the
Treasury to invest such portion of the Trust
Fund as is not, in his judgment, required to
meet current withdrawals. Such investments
may be made only in interest-bearing obligations of the United States. For such purpose,
1 See

References in Text note below.

Page 322

such obligations may be acquired (i) on
original issue at the issue price, or (ii) by
purchase of outstanding obligations at the
market price.
(B) Sale of obligations
Any obligation acquired by the Trust Fund
may be sold by the Secretary at the market
price.
(C) Interest on certain proceeds
The interest on, and the proceeds from the
sale or redemption of, any obligations held
in the Trust Fund shall be credited to and
form a part of the Trust Fund.
(d) Expenditures from Trust Fund
If an international deep seabed treaty is ratified by and in effect with respect to the United
States on or before the date ten years after June
28, 1980, amounts in the Trust Fund shall be
available, as provided by appropriations Acts,
for making contributions required under such
treaty for purposes of the sharing among nations of the revenues from deep seabed mining.
Nothing in this subsection shall be deemed to
authorize any program or other activity not
otherwise authorized by law.
(e) Use of funds
If an international deep seabed treaty is not in
effect with respect to the United States on or
before the date ten years after June 28, 1980,
amounts in the Trust Fund shall be available for
such purposes as Congress may hereafter provide
by law.
(f) International deep seabed treaty
For purposes of this section, the term ‘‘international deep seabed treaty’’ has the meaning
given to such term by section 4498(b) 1 of title 26.
(Pub. L. 96–283, title IV, § 403, June 28, 1980, 94
Stat. 584; Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095.)
REFERENCES IN TEXT
Sections 4495 and 4498 of title 26, referred to in subsecs. (b)(1) and (f), were repealed by Pub. L. 105–34, title
XIV, § 1432(b)(1), Aug. 5, 1997, 111 Stat. 1050.
CODIFICATION
Section was enacted as part of title IV of Pub. L.
96–283, and not as part of title III of Pub. L. 96–283,
which comprises this subchapter.
AMENDMENTS
1986—Subsec. (b)(1). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code
of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (c)(1) of this section relating to the duty of
the Secretary of the Treasury to report annually to
Congress, see section 3003 of Pub. L. 104–66, as amended,
set out as a note under section 1113 of Title 31, Money
and Finance, and page 143 of House Document No. 103–7.

§ 1473. Revenue and customs or tariff treatment
of deep seabed mining unaffected
Except as otherwise provided in sections 4495
to 4498 1 of title 26, nothing in this chapter shall
1 See

References in Text note below.

Page 323

TITLE 30—MINERAL LANDS AND MINING

affect the application of title 26. Nothing in this
chapter shall affect the application of the customs or tariff laws of the United States.
(Pub. L. 96–283, title IV, § 404, June 28, 1980, 94
Stat. 586; Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095.)

§ 1511

SHORT TITLE
Section 601 of title VI of Pub. L. 96–294 provided that:
‘‘This title [enacting this chapter and sections 1146 and
1147 of this title and amending sections 1141 and 1143 of
this title and sections 796, 824a–3, 824i, and 824j of Title
16, Conservation] may be cited as the ‘Geothermal Energy Act of 1980’.’’

REFERENCES IN TEXT
Sections 4495 to 4498 of title 26, referred to in text,
were in the original ‘‘section 402’’, meaning section 402
of Pub. L. 96–283, title IV, June 28, 1980, 94 Stat. 582,
which enacted sections 4495 to 4498 of Title 26, Internal
Revenue Code, and enacted a provision set out as a note
under section 4495 of Title 26. Sections 4495 to 4498 of
title 26 were repealed by Pub. L. 105–34, title XIV,
§ 1432(b)(1), Aug. 5, 1997, 111 Stat. 1050.
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 96–283, June 28, 1980, 94
Stat. 553, as amended, known as the Deep Seabed Hard
Mineral Resources Act, which is classified principally
to this chapter (§ 1401 et seq.). For complete classification of this Act to the Code, see Short Title note set
out under section 1401 of this title and Tables.
CODIFICATION
Section was enacted as part of title IV of Pub. L.
96–283, and not as part of title III of Pub. L. 96–283
which comprises this subchapter.
AMENDMENTS
1986—Pub. L. 99–514 substituted ‘‘Internal Revenue
Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’,
which for purposes of codification was translated as
‘‘title 26’’ thus requiring no change in text.

CHAPTER 27—GEOTHERMAL ENERGY
Sec.

1501.

Congressional statement of findings.
SUBCHAPTER I—PROJECT LOANS

1511.
1512.
1513.
1514.
1515.
1516.

Loans for geothermal reservoir confirmation.
Loan size limitation.
Loan interest rates; repayment periods.
Program termination.
Regulations.
Authorizations.

SUBCHAPTER II—STUDY, ESTABLISHMENT, AND
IMPLEMENTATION OF INSURANCE PROGRAM
1521.
1522.

Reservoir insurance program study.
Establishment of program.
SUBCHAPTER III—ESTABLISHMENT OF
ASSISTANCE PROGRAM

1531.

Feasibility study loan program.
SUBCHAPTER IV—FEDERAL FACILITIES

1541.
1542.

Use of geothermal energy in Federal facilities.
Regulations.

§ 1501. Congressional statement of findings
The Congress finds that—
(1) domestic geothermal reserves can be developed into regionally significant energy
sources promoting the economic health and
national security of the Nation;
(2) there are institutional and economic barriers to the commercialization of geothermal
technology; and
(3) Federal agencies should consider the use
of geothermal energy in the Government’s
buildings.
(Pub. L. 96–294, title VI, § 602, June 30, 1980, 94
Stat. 763.)

SUBCHAPTER I—PROJECT LOANS
§ 1511. Loans for geothermal reservoir confirmation
(a) Authorization; purposes
The Secretary of Energy (hereafter in this
chapter referred to as the ‘‘Secretary’’) is authorized to make a loan to any person, from
funds appropriated (pursuant to this subchapter)
to the Geothermal Resources Development Fund
established under section 1144 of this title, to assist such person in undertaking and carrying out
a project which (1) is designed to explore for or
determine the economic viability of a geothermal reservoir and (2) consists of surface exploration and the drilling of one or more exploratory wells.
(b) Repayment rates
Subject to subsection (c) of this section and to
section 1513(b) of this title, any loan under subsection (a) of this section shall be repayable out
of revenue from production of the geothermal
energy reservoir with respect to which the loan
was made, at a rate, in any year, not to exceed
20 per centum of the gross revenue from the reservoir in that year; except that if any disposition of the geothermal rights to the reservoir is
made to one or more other persons by the borrower, the full amount of the loan balance outstanding, or so much of the loan balance outstanding as is equal to the full amount of the
compensation realized by the borrower upon
such disposition, whichever is less, shall be repaid immediately. In any case where the reservoir is confirmed (as determined by the Secretary), the Secretary may impute a reasonable
revenue for purposes of determining repayment
if—
(1) reasonable efforts are not made to put
such reservoir in commercial operation,
(2) the borrower (or any such other person)
utilizes the resources of the reservoir without
a sale of the energy or geothermal energy resources therefrom, or
(3) a sale of energy or geothermal energy resources from the reservoir is made for an unreasonably low price;
except that no such imputation of revenue shall
be made during the three-year period immediately following such reservoir confirmation. In
the event of failure to begin production of revenue (or, where no sale of energy or geothermal
energy resources is made, to begin production of
energy for commercial use) within five years
after the date of such reservoir confirmation,
the Secretary may take action to recover the
value, not to exceed the amount of the unpaid
balance of the loan plus any accrued interest
thereon, of any assets of the project in question,
including resource rights.

TITLE 30—MINERAL LANDS AND MINING

§ 1512

(c) Cancellation of unpaid balance and accrued
interest
The Secretary may at any time cancel the unpaid balance and any accrued interest on any
loan made under this section if he determines,
on the basis of evidence presented by the loan
recipient or otherwise, that the geothermal energy reservoir with respect to which the loan
was made has characteristics which make that
reservoir economically or technically unacceptable for commercial development.
(d) ‘‘Person’’ defined
As used in this subchapter, the term ‘‘person’’
includes municipalities, electric cooperatives,
industrial development agencies, nonprofit organizations, and Indian tribes, as well as the entities included within such term under section 1 of
title 1.
(Pub. L. 96–294, title VI, § 611, June 30, 1980, 94
Stat. 763.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this title’’, meaning title VI of Pub. L. 96–294,
June 30, 1980, 94 Stat. 763, known as the Geothermal Energy Act of 1980. For complete classification of title VI
to the Code, see Short Title note set out under section
1501 of this title and Tables.

§ 1512. Loan size limitation
The amount of any loan made under section
1511(a) of this title with respect to a project described in that section shall not exceed 50 percent of the cost of such project; except that if
the loan is made to a person proposing to make
application of the resources of the reservoir involved primarily for space heating or cooling or
process heat for one or more structures or facilities then existing or under construction, the
loan may be in any amount up to 90 per centum
of such cost. In any event no loan shall be made
in an amount in excess of $3,000,000.
(Pub. L. 96–294, title VI, § 612, June 30, 1980, 94
Stat. 764.)
§ 1513. Loan interest rates; repayment periods
(a) Each loan made under section 1511 of this
title shall bear interest at a discount or interest
rate equal to the rate in effect (at the time the
loan is made) for water resources planning
projects under section 80 of the Water Resources
Development
Act
of
1974
(42
U.S.C.
1962(d)–17(a)).1
(b) Each such loan shall be for a term which
the Secretary deems appropriate, except that no
loan term shall exceed twenty years beyond the
date on which production of energy or geothermal energy resources begins from the reservoir involved. If revenues are inadequate (as
determined by the Secretary) to fully repay the
principal and accrued interest within twenty
years after production begins, any remaining
unpaid amounts shall be forgiven.
(Pub. L. 96–294, title VI, § 613, June 30, 1980, 94
Stat. 764.)
1 So

in original. Should be ‘‘(42 U.S.C. 1962d–17(a)).’’

Page 324

§ 1514. Program termination
No new loans shall be made under this subchapter after September 30, 1986. Amounts repaid on or before September 30, 1986, on loans
theretofore made under section 1511 of this title
shall be deposited in the Geothermal Resources
Development Fund for purposes of this subchapter. Amounts repaid after that date on
loans theretofore made under section 1511 of this
title, and amounts deposited in the Fund for
purposes of this subchapter which remain in the
Fund after that date and are not required to secure outstanding obligations under this subchapter, shall be deposited into the United
States Treasury as miscellaneous receipts.
(Pub. L. 96–294, title VI, § 614, June 30, 1980, 94
Stat. 764.)
§ 1515. Regulations
The Secretary shall promulgate regulations to
carry out this subchapter no later than six
months after June 30, 1980.
(Pub. L. 96–294, title VI, § 615, June 30, 1980, 94
Stat. 764.)
§ 1516. Authorizations
There are hereby authorized to be appropriated for loans under this subchapter not to
exceed $5,000,000 for fiscal year 1981, and not to
exceed $20,000,000 for each of the four succeeding
fiscal years. Amounts so appropriated shall be
deposited in the Geothermal Resources Development Fund for purposes of this subchapter, and
shall remain available for such purposes until
expended.
(Pub. L. 96–294, title VI, § 616, June 30, 1980, 94
Stat. 765.)
SUBCHAPTER II—STUDY, ESTABLISHMENT,
AND IMPLEMENTATION OF INSURANCE
PROGRAM
§ 1521. Reservoir insurance program study
The Secretary shall conduct a detailed study
of the need for and feasibility of establishing a
reservoir insurance and reinsurance program incorporating the terms, conditions, and provisions set forth in section 1522 of this title, and
shall submit to the Congress within one year
after June 30, 1980, a report on the results of
such study including his findings and recommendations with respect thereto.
(Pub. L. 96–294, title VI, § 621, June 30, 1980, 94
Stat. 765.)
§ 1522. Establishment of program
(a) Authorization; requirements; scope
If the report of the Secretary submitted pursuant to section 1521 of this title affirmatively recommends the establishment of the program and
the Congress by law (after review of such recommendation) specifically authorizes the establishment of the program, the Secretary shall establish and implement within six months after the
date of the enactment of such authorization a
program, in cooperation with the insurance and
reinsurance industry, to provide reservoir insur-

Page 325

TITLE 30—MINERAL LANDS AND MINING

ance to qualified eligible applicants in accordance with this section.
(b) Definitions
For the purpose of this section—
(1) the term ‘‘investment’’ means the expenditure of, and any irrevocable legal obligation to expend, funds (together with the reasonable interest costs thereof) for the purchase or construction of machinery, equipment, and facilities manufactured, or for services contracted to be furnished, for the development and utilization of a geothermal resource in the United States to provide energy
in the form of heat for direct use or for generation of electricity;
(2) the term ‘‘geothermal resource’’ means a
resource in the United States including (A) all
products of geothermal processes embracing
indigenous steam, hot water, and hot brines;
(B) steam and other gases, hot water and hot
brines resulting from water, gas, or other
fluids artificially introduced into geothermal
formations; (C) heat or other associated energy found in geothermal formations; and (D)
any byproducts derived from them, where ‘‘byproduct’’ means any mineral or minerals (exclusive of oil, hydrocarbon gas, and helium)
which are found in solution or in association
with other geothermal resources and which
have a value of less than 75 per centum of the
value of the geothermal steam or are not, because of quantity, quality, or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves;
(3) the term ‘‘risk’’ means the hazard that a
reservoir of geothermal resources will cease to
provide sufficient quantities of geothermal resources at minimum conditions required to
maintain an economically or technically viable operation for utilization of the geothermal
resource;
(4) the term ‘‘reasonable premiums’’ means
premium amounts determined by the Secretary to be reasonable in light of the amount
of investment subject to the risk and premiums charged in similar or analogous situations by private insurers where private insurance is concerned and by insurers or guarantors, both public and private, where public insurance is concerned;
(5) the term ‘‘other insurance’’ means any
combination of private or public insurance
other than investment insurance provided by
the Secretary under this section;
(6) the term ‘‘reservoir’’ means the physical
subsurface geologic structure which forms the
natural repository for the undisturbed geothermal resource; and
(7) the term ‘‘person’’ means any public or
private agency, institution, association, partnership, corporation, political subdivision, or
other legal entity which is a United States citizen as determined by application of the test
for United States citizenship contained in section 50501 of title 46, or in the first sentence of
section 27A of the Merchant Marine Act, 1920
(46 U.S.C. 883–1(a)–(e)).1
1 See

References in Text note below.

§ 1522

(c) Eligibility for investment insurance
Any person with a total direct investment of
not less than $1,000,000 in the development and
use, not including exploration and testing, of a
geothermal resource associated with a reservoir,
and unable to obtain other insurance at reasonable premiums for the amount of the investment
subject to risk, as determined by the Secretary
under this section, shall be eligible for investment insurance.
(d) Application for investment insurance; contents, etc.
Any eligible person seeking investment insurance under this section shall file an application
with the Secretary setting forth (1) the total
amount of the contemplated investment in a
geothermal resource and associated reservoir;
(2) the views of the applicant concerning the nature and extent of the risk, including a geologic,
engineering, and financial assessment based on
site specific results of exploration and testing of
the geothermal resource and the reservoir, stated with as much specificity as is possible; (3) the
status of all required Federal, State, and local
approvals, permits, and leases for the proposed
development and utilization operations at the
site; (4) the extent to which the applicant has
been able to obtain other insurance against the
risk; and (5) such other information as the Secretary may require.
(e) Determinations respecting application for insurance
Unless the Secretary determines the risk proposed by the applicant is unreasonable, the Secretary, within ninety days after receipt of a satisfactory application, shall determine in writing
and submit to the applicant (1) the risk which
may cause loss of investment for the applicant;
(2) the total investment subject to the risk; (3)
the amount of the other insurance which is
available at reasonable premiums for the purpose of indemnifying the applicant against the
risk; (4) the amount of investment insurance
available pursuant to this section, which shall
be the difference between the total investment
subject to the risk and the total other insurance
determined to be available at reasonable premiums, but not in excess of the lesser of 90 per
centum of, or $50,000,000 of, the loss of investment subject to the risk; and (5) any reasonable
terms and conditions necessary for the prudent
administration of the program, including reasonable premiums for the insurance pursuant to
this section (which shall be deposited in the
Geothermal Resources Development Fund).
(f) Certificate of insurance; issuance, etc.
The Secretary, within ninety days after making and submitting the determinations under
subsection (e) of this section, and upon agreement of the applicant to such determinations,
shall issue a certificate of insurance containing
such terms and conditions as the Secretary shall
specify, which shall not be transferrable without
the express approval of the Secretary for good
cause shown, and shall execute a contract with
the applicant setting forth the terms and conditions of the investment insurance and such
other provisions as may be necessary to protect
the interests of the United States, including

§ 1531

TITLE 30—MINERAL LANDS AND MINING

provisions with respect to the ownership, use,
and disposition of any currency, credits, assets,
or investments on account of which payment
under such insurance is to be made and any
right, title, claim, or course of action existing in
relation thereto.
(g) Compensation payable to holder of certificate
of insurance; amount, etc.
Any holder of a certificate of insurance pursuant to subsection (f) of this section who claims
a loss of value of his investment by reason of the
specified risk shall receive compensation, to the
extent the Secretary determines that the holder
is eligible to receive compensation pursuant to
the certificate and the contract, in the amount
of the loss incurred by the holder which is subject to insurance and for which the holder has
not received and will not receive compensation
from other insurance.
(h) Withdrawal and payment of compensation
Any compensation received by the holder shall
be withdrawn from the Geothermal Resources
Development Fund. The full faith and credit of
the United States is hereby pledged to the payment of any compensation under this section.
(i) Denial of insurance
A person shall not be denied insurance pursuant to this section solely because such person is
the recipient of other Federal assistance under
this or any other Act.
(j) Appropriations
There may be appropriated to the Geothermal
Resources Development Fund (established pursuant to section 1144 of this title), for purposes
of this section, such amounts as are authorized
for such purposes in the law referred to in subsection (a) of this section or in other legislation
hereafter enacted.
(k) Reinsurance agreements; procedures applicable; criteria; report to Congress
The Secretary may enter into agreements to
reinsure any private insurer for any risk associated with insurance for the development and
utilization of a geothermal resource and associated reservoir, using the procedures set forth in
subsections (c) through (i) of this section, to the
extent that he deems it appropriate in order to
provide an incentive for the participation of the
private insurance industry in geothermal development; and he may also use any other available
authority to obtain such participation. The Secretary shall submit a report to the Congress,
within one year after the enactment of the law
referred to in subsection (a) of this section, on
the need for any additional authority to obtain
such participation.
(Pub. L. 96–294, title VI, § 622, June 30, 1980, 94
Stat. 765.)
REFERENCES IN TEXT
Section 27A of the Merchant Marine Act, 1920, referred to in subsec. (b)(7), is section 27A of act June 5,
1920, ch. 250, as added Pub. L. 85–902, Sept. 2, 1958, 72
Stat. 1736, which was classified to section 883–1 of the
former Appendix to Title 46, Shipping, and was repealed
and restated in section 12118 of Title 46, Shipping, by
Pub. L. 109–304, §§ 5, 19, Oct. 6, 2006, 120 Stat. 1491, 1710.
This Act, referred to in subsec. (i), is Pub. L. 96–294,
June 30, 1980, 94 Stat. 611, as amended, known as the

Page 326

Energy Security Act. For complete classification of
this Act to the Code, see Short Title note set out under
section 8801 of Title 42, The Public Health and Welfare,
and Tables.
CODIFICATION
In subsec. (b)(7), ‘‘section 50501 of title 46’’ substituted
for ‘‘section 2(a)–(c) of the Shipping Act, 1916 (46 U.S.C.
802)’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006,
120 Stat. 1709, which Act enacted section 50501 of Title
46, Shipping.

SUBCHAPTER III—ESTABLISHMENT OF
ASSISTANCE PROGRAM
§ 1531. Feasibility study loan program
(a) Authorization; purposes
The Secretary is authorized and directed to establish a program of assistance for the accelerated development of geothermal resources for
nonelectric applications by geothermal utility
districts, geothermal industrial development
districts, and other persons.
(b) Maximum amount of loan for costs of administration; cancellation of unpaid balance and
accrued interest
(1) In providing assistance under the program
established pursuant to subsection (a) of this
section, the Secretary is authorized to make a
loan to any person to defray up to 90 per centum
of the costs of (A) studies to determine the feasibility of any geothermal development described in such subsection, and (B) preparing applications for any necessary licenses or other
Federal, State, and local approvals respecting
such development.
(2) The Secretary may cancel the unpaid balance and any accrued interest on any loan
granted for a study pursuant to clause (A) of
paragraph (1) if he determines, on the basis of
the study, that the geothermal development is
not technically or economically feasible.
(c) Maximum amount of loan for costs of construction
In providing assistance under such program,
the Secretary is also authorized to make a loan
to any person to defray up to 75 per centum of
the costs directly related to the construction of
a system or systems for nonelectric geothermal
development pursuant to such subsection, where
the Secretary finds that—
(1) all necessary licenses and other required
Federal, State, and local approvals for construction of such system or systems have been
or will be issued,
(2) the project involved will comply with all
applicable laws relating to protection of the
environment, and
(3) the applicant requires such assistance to
undertake and complete the project.
(d) Interest rate; term
Each loan made pursuant to this section shall
bear interest at a discount or interest rate equal
to the rate in effect (at the time the loan is
made) for water resources planning projects
under section 80 of the Water Resources Development Act of 1974 (42 U.S.C. 1962(d)–17(a)).1
Each loan shall be for such term as the Sec1 So

in original. Should be ‘‘(42 U.S.C. 1962d–17(a)).’’

Page 327

TITLE 30—MINERAL LANDS AND MINING

retary deems appropriate, but not in excess of
ten years for loans under subsection (b) of this
section or thirty years for loans under subsection (c) of this section.
(e) Funding; deposit of amount repaid
Loans pursuant to this section shall be made
from funds appropriated (pursuant to this subchapter) to the Geothermal Resources Development Fund established under section 1144 of this
title; and amounts repaid on such loans shall be
deposited in the Geothermal Resources Development Fund for purposes of this subchapter.
(f) Authorization of appropriations
For loans under clause (A) of subsection (b)(1)
of this section for fiscal year 1981, there is authorized to be appropriated to the Geothermal
Resources Development Fund not to exceed
$5,000,000, which shall remain available until expended. For loans under such clause (A) for subsequent fiscal years, and for loans under clause
(B) of subsection (b)(1) of this section or under
subsection (c) of this section (for any such subsequent fiscal year), there may be appropriated
to such Fund only such sums as are authorized
by legislation hereafter enacted.
(g) ‘‘Person’’ defined
As used in this section, the term ‘‘person’’ includes municipalities, cooperatives, industrial
development agencies, nonprofit organizations,
and Indian tribes, as well as the districts referred to in subsection (a) of this section and the
other entities included within such term under
section 1 of title 1.
(Pub. L. 96–294, title VI, § 631, June 30, 1980, 94
Stat. 767.)
SUBCHAPTER IV—FEDERAL FACILITIES
§ 1541. Use of geothermal energy in Federal facilities
The option of using geothermal energy or geothermal energy resources shall be considered
fully in any new Federal building, facility, or installation which is located in a geothermal resource area as designated by the Secretary.
(Pub. L. 96–294, title VI, § 642, June 30, 1980, 94
Stat. 769.)
§ 1542. Regulations
All regulations made with respect to this subchapter shall be promulgated no later than six
months after June 30, 1980.
(Pub. L. 96–294, title VI, § 644, June 30, 1980, 94
Stat. 770.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle D of title VI of
Pub. L. 96–294, June 30, 1980, 94 Stat. 768, which enacted
this subchapter and sections 1146 and 1147 of this title
and amended sections 1141 and 1143 of this title and sections 796, 824a–3, 824i, and 824j of Title 16, Conservation.

CHAPTER 28—MATERIALS AND MINERALS
POLICY, RESEARCH, AND DEVELOPMENT
Sec.

1601.

Congressional statement of findings; ‘‘materials’’ defined.

§ 1602

Sec.

1602.
1603.
1604.
1605.

Congressional declaration of policies.
Implementation of policies.
Program administration.
Applicability to other statutory national
mining and minerals policies.

§ 1601. Congressional statement of findings; ‘‘materials’’ defined
(a) The Congress finds that—
(1) the availability of materials is essential
for national security, economic well-being,
and industrial production;
(2) the availability of materials is affected
by the stability of foreign sources of essential
industrial materials, instability of materials
markets, international competition and demand for materials, the need for energy and
materials conservation, and the enhancement
of environmental quality;
(3) extraction, production, processing, use,
recycling, and disposal of materials are closely
linked with national concerns for energy and
the environment;
(4) the United States is strongly interdependent with other nations through international trade in materials and other products;
(5) technological innovation and research
and development are important factors which
contribute to the availability and use of materials;
(6) the United States lacks a coherent national materials policy and a coordinated program to assure the availability of materials
critical for national economic well-being, national defense, and industrial production, including interstate commerce and foreign
trade; and
(7) notwithstanding the enactment of section 21a of this title, the United States does
not have a coherent national materials and
minerals policy.
(b) As used in this chapter, the term ‘‘materials’’ means substances, including minerals, of
current or potential use that will be needed to
supply the industrial, military, and essential civilian needs of the United States in the production of goods or services, including those which
are primarily imported or for which there is a
prospect of shortages or uncertain supply, or
which present opportunities in terms of new
physical properties, use, recycling, disposal or
substitution, with the exclusion of food and of
energy fuels used as such.
(Pub. L. 96–479, § 2, Oct. 21, 1980, 94 Stat. 2305.)
SHORT TITLE
Section 1 of Pub. L. 96–479 provided: ‘‘That this Act
[enacting this chapter] may be cited as the ‘National
Materials and Minerals Policy, Research and Development Act of 1980’.’’

§ 1602. Congressional declaration of policies
The Congress declares that it is the continuing
policy of the United States to promote an adequate and stable supply of materials necessary
to maintain national security, economic wellbeing and industrial production with appropriate attention to a long-term balance between
resource production, energy use, a healthy envi-

§ 1603

TITLE 30—MINERAL LANDS AND MINING

ronment, natural resources conservation, and
social needs. The Congress further declares that
implementation of this policy requires that the
President shall, through the Executive Office of
the President, coordinate the responsible departments and agencies to, among other measures—
(1) identify materials needs and assist in the
pursuit of measures that would assure the
availability of materials critical to commerce,
the economy, and national security;
(2) establish a mechanism for the coordination and evaluation of Federal materials programs, including those involving research and
development so as to complement related efforts by the private sector as well as other domestic and international agencies and organizations;
(3) establish a long-range assessment capability concerning materials demands, supply
and needs, and provide for the policies and
programs necessary to meet those needs;
(4) promote a vigorous, comprehensive, and
coordinated program of materials research and
development consistent with the policies and
priorities set forth in the National Science
and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.);
(5) promote cooperative research and development programs with other nations for the
equitable and frugal use of materials and energy;
(6) promote and encourage private enterprise
in the development of economically sound and
stable domestic materials industries; and
(7) encourage Federal agencies to facilitate
availability and development of domestic resources to meet critical materials needs.
(Pub. L. 96–479, § 3, Oct. 21, 1980, 94 Stat. 2305.)
REFERENCES IN TEXT
The National Science and Technology Policy, Organization, and Priorities Act of 1976, referred to in par. (4),
is Pub. L. 94–282, May 11, 1976, 90 Stat. 459, as amended,
which is classified principally to chapter 79 (§ 6601 et
seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 6601 of Title 42
and Tables.

§ 1603. Implementation of policies
For the purpose of implementing the policies
set forth in section 1602 of this title and the provisions of section 1604 of this title, the Congress
declares that the President shall, through the
Executive Office of the President, coordinate the
responsible departments and agencies, and
shall—
(1) direct that the responsible departments
and agencies identify, assist, and make recommendations for carrying out appropriate policies and programs to ensure adequate, stable,
and economical materials supplies essential to
national security, economic well-being, and
industrial production;
(2) support basic and applied research and
development to provide for, among other objectives—
(A) advanced science and technology for
the exploration, discovery, and recovery of
nonfuel materials;

Page 328

(B) enhanced methods or processes for the
more efficient production and use of renewable and nonrenewable resources;
(C) improved methods for the extraction,
processing, use, recovery, and recycling of
materials which encourage the conservation
of materials, energy, and the environment;
and
(D) improved understanding of current and
new materials performance, processing, substitution, and adaptability in engineering
designs;
(3) provide for improved collection, analysis,
and dissemination of scientific, technical and
economic materials information and data from
Federal, State, and local governments and
other sources as appropriate;
(4) assess the need for and make recommendations concerning the availability and
adequacy of supply of technically trained personnel necessary for materials research, development, extraction, harvest and industrial
practice, paying particular regard to the problem of attracting and maintaining high quality materials professionals in the Federal
service;
(5) establish early warning systems for materials supply problems;
(6) recommend to the Congress appropriate
measures to promote industrial innovation in
materials and materials technologies;
(7) encourage cooperative materials research
and problem-solving by—
(A) private corporations performing the
same or related activities in materials industries; and
(B) Federal and State institutions having
shared interests or objectives;
(8) assess Federal policies which adversely or
positively affect all stages of the materials
cycle, from exploration to final product recycling and disposal including but not limited
to, financial assistance and tax policies for recycled and virgin sources of materials and
make recommendations for equalizing any existing imbalances, or removing any impediments, which may be created by the application of Federal law and regulations to the
market for materials; and
(9) assess the opportunities for the United
States to promote cooperative multilateral
and bilateral agreements for materials development in foreign nations for the purpose of
increasing the reliability of materials supplies
to the Nation.
(Pub. L. 96–479, § 4, Oct. 21, 1980, 94 Stat. 2306.)
§ 1604. Program administration
(a) President; preparation of plan and submission to Congress of report
Within 1 year after October 21, 1980, the President shall submit to the Congress—
(1) a program plan to implement such existing or prospective proposals and organizational structures within the executive branch
as he finds necessary to carry out the provisions set forth in sections 1602 and 1603 of this
title. The plan shall include program and
budget proposals and organizational struc-

Page 329

TITLE 30—MINERAL LANDS AND MINING

tures providing for the following minimum
elements:
(A) policy analysis and decision determination within the Executive Office of the
President;
(B) continuing long-range analysis of materials use to meet national security, economic, industrial and social needs; the adequacy and stability of supplies; and the industrial and economic implications of supply
shortages or disruptions;
(C) continuing private sector consultation
in Federal materials programs; and
(D) interagency coordination at the level
of the President’s Cabinet;
(2) recommendations for the collection,
analysis, and dissemination of information
concerning domestic and international longrange materials demand, supply and needs, including consideration of the establishment of
a separate materials information agency patterned after the Bureau of Labor Statistics;
and
(3) recommendations for legislation and administrative initiatives necessary to reconcile
policy conflicts and to establish programs and
institutional structures necessary to achieve
the goals of a national materials policy.
(b) Director of Office of Science and Technology
Policy; coordination, etc., activities
In accordance with the provisions of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et
seq.), the Director of the Office of Science and
Technology Policy shall:
(1) through the Federal Coordinating Council for Science, Engineering, and Technology
coordinate Federal materials research and development and related activities in accordance
with the policies and objectives established in
this chapter;
(2) place special emphasis on the long-range
assessment of national materials needs related
to scientific and technological concerns and
the research and development, Federal and
private, necessary to meet those needs; and
(3) prepare an assessment of national materials needs related to scientific and technological changes over the next five years. Such
assessment shall be revised on an annual basis.
Where possible, the Director shall extend the
assessment in 10- and 25-year increments over
the whole expected lifetime of such needs and
technologies.
(c) Secretary of Commerce; consultative, etc., requirements; identification and assessment
activities
The Secretary of Commerce, in consultation
with the Federal Emergency Management Administration, the Secretary of the Interior, the
Secretary of Defense, the Director of the Central
Intelligence Agency, and such other members of
the Cabinet as may be appropriate shall—
(1) within 3 months after October 21, 1980,
identify and submit to the Congress a specific
materials needs case related to national security, economic well-being and industrial production which will be the subject of the report
required by paragraph (2) of this subsection;

§ 1604

(2) within 1 year after October 21, 1980, submit to the Congress a report which assesses
critical materials needs in the case identified
in paragraph (1) of this subsection, and which
recommends programs that would assist in
meeting such needs, including an assessment
of economic stockpiles; and
(3) continually thereafter identify and assess
additional cases, as necessary, to ensure an
adequate and stable supply of materials to
meet national security, economic well-being
and industrial production needs.
(d) Secretary of Defense and other Cabinet members; assessment, etc., activities
The Secretary of Defense, together with such
other members of the Cabinet as are deemed
necessary by the President, shall prepare a report assessing critical materials needs related to
national security and identifying the steps necessary to meet those needs. The report shall include an assessment of the Defense Production
Act of 1950 (50 U.S.C. App. 2061 et seq.), and the
Strategic and Critical Materials Stock Piling
Act (50 U.S.C. App. 98 et seq.) [50 U.S.C. 98 et
seq.]. Such report shall be made available to the
Congress within 1 year after October 21, 1980,
and shall be revised periodically as deemed necessary.
(e) Secretary of the Interior; initiation of actions;
report
The Secretary of the Interior shall promptly
initiate actions to—
(1) improve the capacity of the United
States Bureau of Mines to assess international
minerals supplies;
(2) increase the level of mining and metallurgical research by the United States Bureau of Mines in critical and strategic minerals; and
(3) improve the availability and analysis of
mineral data in Federal land use decisionmaking.
A report summarizing actions required by this
subsection shall be made available to the Congress within 1 year after October 21, 1980.
(f) Secretary of the Interior; collection, evaluation, and analysis activities concerning information
In furtherance of the policies of this chapter,
the Secretary of the Interior shall collect,
evaluate, and analyze information concerning
mineral occurrence, production, and use from
industry, academia, and Federal and State agencies. Notwithstanding the provisions of section
552 of title 5, data and information provided to
the Department by persons or firms engaged in
any phase of mineral or mineral-material production or large-scale consumption shall not be
disclosed outside of the Department of the Interior in a nonaggregated form so as to disclose
data and information supplied by a single person
or firm, unless there is no objection to the disclosure of such data and information by the
donor: Provided, however, That the Secretary
may disclose nonaggregated data and information to Federal defense agencies, or to the Congress upon official request for appropriate purposes.

TITLE 30—MINERAL LANDS AND MINING

§ 1605

(Pub. L. 96–479, § 5, Oct. 21, 1980, 94 Stat. 2307;
Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat.
172.)
REFERENCES IN TEXT
The National Science and Technology Policy, Organization, and Priorities Act of 1976, referred to in subsec.
(b), is Pub. L. 94–282, May 11, 1976, 90 Stat. 459, as
amended, which is classified principally to chapter 79
(§ 6601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 6601 of
Title 42 and Tables.
The Defense Production Act of 1950, referred to in
subsec. (d), is act Sept. 8, 1950, ch. 932, 64 Stat. 798, as
amended, which is classified to section 2061 et seq. of
Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see section
2061 of Title 50, Appendix, and Tables.
The Strategic and Critical Materials Stock Piling
Act, referred to in subsec. (d), is act June 7, 1939, ch.
190, as revised generally by Pub. L. 96–41, § 2, July 30,
1979, 93 Stat. 319, which is classified generally to subchapter III (§ 98 et seq.) of chapter 5 of Title 50. For
complete classification of this Act to the Code, see section 98 of Title 50 and Tables.

Sec.

1712.

Duties of lessees, operators, and motor vehicle transporters.
1713.
Required recordkeeping.
1714.
Deposit of royalty funds to Indian accounts.
1715.
Explanation of payments.
1716.
Liabilities and bonding.
1717.
Hearings and investigations.
1718.
Inspections.
1719.
Civil penalties.
1720.
Criminal penalties.
1720a.
Applicability of civil and criminal penalties
to various uses of Federal or Indian lands
and Outer Continental Shelf.
1721.
Royalty terms and conditions, interest, and
penalties.
1721a.
Adjustments and refunds.
1722.
Injunction and specific enforcement authority.
1723.
Rewards.
1724.
Secretarial and delegated States’ actions and
limitation periods.
1725.
Assessments.
1726.
Alternatives for marginal properties.
SUBCHAPTER II—STATES AND INDIAN TRIBES
1731.
1731a.

CHANGE OF NAME
Reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the
Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of
the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 401 of Title 50, War and National
Defense.
‘‘United States Bureau of Mines’’ substituted for
‘‘Bureau of Mines’’ in subsec. (e)(1), (2) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of this title. For provisions relating to closure
and transfer of functions of the United States Bureau
of Mines, see Transfer of Functions note set out under
section 1 of this title.

§ 1605. Applicability to other statutory national
mining and minerals policies
Nothing in this chapter shall be interpreted as
changing in any manner or degree the provisions
of and requirements of section 21a of this title.
For the purposes of achieving the objectives set
forth in section 1602 of this title, the Congress
declares that the President shall direct (1) the
Secretary of the Interior to act immediately
within the Department’s statutory authority to
attain the goals contained in section 21a of this
title and (2) the Executive Office of the President to act immediately to promote the goals
contained in section 21a of this title among the
various departments and agencies.
(Pub. L. 96–479, § 6, Oct. 21, 1980, 94 Stat. 2309.)
CHAPTER 29—OIL AND GAS ROYALTY
MANAGEMENT
Sec.

1701.
1702.

Congressional statement of findings and purposes.
Definitions.
SUBCHAPTER I—FEDERAL ROYALTY
MANAGEMENT AND ENFORCEMENT

1711.

Duties of Secretary.

Page 330

1732.
1733.
1734.
1735.
1736.
1751.
1752.
1753.
1754.
1755.
1756.
1757.
1758.
1759.

Application of subchapter.
Application of subchapter to leases of lands
within three miles of seaward boundaries of
coastal States.
Cooperative agreements.
Information.
State suits under Federal law.
Delegation of royalty collections and related
activities.
Shared civil penalties.
SUBCHAPTER III—GENERAL PROVISIONS
Secretarial authority.
Reports.
Relation to other laws.
Funding.
Statute of limitations.
Expanded royalty obligations.
Severability.
Use of royalty-in-kind revenue by Minerals
Management Service.
Fees and charges.

§ 1701. Congressional statement of findings and
purposes
(a) Congress finds that—
(1) the Secretary of the Interior should enforce effectively and uniformly existing regulations under the mineral leasing laws providing for the inspection of production activities
on lease sites on Federal and Indian lands;
(2) the system of accounting with respect to
royalties and other payments due and owing
on oil and gas produced from such lease sites
is archaic and inadequate;
(3) it is essential that the Secretary initiate
procedures to improve methods of accounting
for such royalties and payments and to provide for routine inspection of activities related
to the production of oil and gas on such lease
sites; and
(4) the Secretary should aggressively carry
out his trust responsibility in the administration of Indian oil and gas.
(b) It is the purpose of this chapter—
(1) to clarify, reaffirm, expand, and define
the responsibilities and obligations of lessees,
operators, and other persons involved in transportation or sale of oil and gas from the Federal and Indian lands and the Outer Continental Shelf;

Page 331

TITLE 30—MINERAL LANDS AND MINING

(2) to clarify, reaffirm, expand and define the
authorities and responsibilities of the Secretary of the Interior to implement and maintain a royalty management system for oil and
gas leases on Federal lands, Indian lands, and
the Outer Continental Shelf;
(3) to require the development of enforcement practices that ensure the prompt and
proper collection and disbursement of oil and
gas revenues owed to the United States and Indian lessors and those inuring to the benefit of
States;
(4) to fulfill the trust responsibility of the
United States for the administration of Indian
oil and gas resources; and
(5) to effectively utilize the capabilities of
the States and Indian tribes in developing and
maintaining an efficient and effective Federal
royalty management system.
(Pub. L. 97–451, § 2, Jan. 12, 1983, 96 Stat. 2448.)
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–185, § 11, Aug. 13, 1996, 110 Stat. 1717, provided that: ‘‘Except as provided by section 115(h) [30
U.S.C. 1724(h)], section 111(h) [30 U.S.C. 1721(h)], section
111(k)(5) [30 U.S.C. 1721(k)(5)], and section 117 [30 U.S.C.
1726] of the Federal Oil and Gas Royalty Management
Act of 1982 (as added by this Act), this Act [see Short
Title of 1996 Amendment note below], and the amendments made by this Act, shall apply with respect to the
production of oil and gas after the first day of the
month following the date of the enactment of this Act
[Aug. 13, 1996].’’
EFFECTIVE DATE
Section 305 of Pub. L. 97–451 provided that: ‘‘The provisions of this Act [enacting this chapter, amending
sections 188 and 191 of this title, and enacting provisions set out as notes under this section and sections
1714 and 1752 of this title] shall apply to oil and gas
leases issued before, on, or after the date of the enactment of this Act [Jan. 12, 1983], except that in the case
of a lease issued before such date, no provision of this
Act or any rule or regulation prescribed under this Act
shall alter the express and specific provisions of such a
lease.’’
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104–185, § 1, Aug. 13, 1996, 110 Stat. 1700, provided that: ‘‘This Act [enacting sections 1721a and 1724
to 1726 of this title, amending sections 1702, 1712, 1721,
and 1735 of this title, repealing section 1339 of Title 43,
Public Lands, and enacting provisions set out as notes
under this section, section 1732 of this title, and section
1339 of Title 43] may be cited as the ‘Federal Oil and
Gas Royalty Simplification and Fairness Act of 1996’.’’
SHORT TITLE
Section 1 of Pub. L. 97–451 provided that: ‘‘This Act
[enacting this chapter, amending sections 188 and 191 of
this title, and enacting provisions set out as notes
under this section and sections 1714 and 1752 of this
title] may be cited as the ‘Federal Oil and Gas Royalty
Management Act of 1982’.’’
APPLICABILITY OF 1996 AMENDMENT
Pub. L. 104–185, § 9, Aug. 13, 1996, 110 Stat. 1717, provided that: ‘‘The amendments made by this Act [see
Short Title of 1996 Amendment note above] shall not
apply with respect to Indian lands, and the provisions
of the Federal Oil and Gas Royalty Management Act of
1982 [30 U.S.C. 1701 et seq.] as in effect on the day before
the date of enactment of this Act [Aug. 13, 1996] shall
continue to apply after such date with respect to Indian lands.’’
Pub. L. 104–185, § 10, Aug. 13, 1996, 110 Stat. 1717, provided that: ‘‘This Act [see Short Title of 1996 Amend-

§ 1702

ment note above] shall not apply to any privately
owned minerals.’’
CONSTRUCTION OF 1996 AMENDMENT
Pub. L. 104–185, § 12, Aug. 13, 1996, 110 Stat. 1717, provided that: ‘‘Nothing in this Act [see Short Title of 1996
Amendment note above] shall be construed to give a
State a property right or interest in any Federal lease
or land.’’

§ 1702. Definitions
For the purposes of this chapter, the term—
(1) ‘‘Federal land’’ means all land and interests in land owned by the United States which
are subject to the mineral leasing laws, including mineral resources or mineral estates
reserved to the United States in the conveyance of a surface or nonmineral estate;
(2) ‘‘Indian allottee’’ means any Indian for
whom land or an interest in land is held in
trust by the United States or who holds title
subject to Federal restriction against alienation;
(3) ‘‘Indian lands’’ means any lands or interest in lands of an Indian tribe or an Indian allottee held in trust by the United States or
which is subject to Federal restriction against
alienation or which is administered by the
United States pursuant to section 1613(g) of
title 43, including mineral resources and mineral estates reserved to an Indian tribe or an
Indian allottee in the conveyance of a surface
or nonmineral estate, except that such term
does not include any lands subject to the provisions of section 3 of the Act of June 28, 1906
(34 Stat. 539);
(4) ‘‘Indian tribe’’ means any Indian tribe,
band, nation, pueblo, community, rancheria,
colony, or other group of Indians, including
the Metlakatla Indian Community of Annette
Island Reserve, for which any land or interest
in land is held by the United States in trust or
which is subject to Federal restriction against
alienation or which is administered by the
United States pursuant to section 1613(g) of
title 43;
(5) ‘‘lease’’ means any contract, profit-share
arrangement, joint venture, or other agreement issued or approved by the United States
under a mineral leasing law that authorizes
exploration for, extraction of, or removal of
oil or gas;
(6) ‘‘lease site’’ means any lands or submerged lands, including the surface of a severed mineral estate, on which exploration for,
or extraction or removal of, oil or gas is authorized pursuant to a lease;
(7) ‘‘lessee’’ means any person to whom the
United States issues an oil and gas lease or
any person to whom operating rights in a lease
have been assigned;
(8) ‘‘mineral leasing law’’ means any Federal
law administered by the Secretary authorizing
the disposition under lease of oil or gas;
(9) ‘‘oil or gas’’ means any oil or gas originating from, or allocated to, the Outer Continental Shelf, Federal, or Indian lands;
(10) ‘‘Outer Continental Shelf’’ has the same
meaning as provided in the Outer Continental
Shelf Lands Act (Public Law 95–372);
(11) ‘‘operator’’ means any person, including
a lessee, who has control of, or who manages

§ 1702

TITLE 30—MINERAL LANDS AND MINING

operations on, an oil and gas lease site on Federal or Indian lands or on the Outer Continental Shelf;
(12) ‘‘person’’ means any individual, firm,
corporation, association, partnership, consortium, or joint venture;
(13) ‘‘production’’ means those activities
which take place for the removal of oil or gas,
including such removal, field operations,
transfer of oil or gas off the lease site, operation monitoring, maintenance, and workover
drilling;
(14) ‘‘royalty’’ means any payment based on
the value or volume of production which is due
to the United States or an Indian tribe or an
Indian allottee on production of oil or gas
from the Outer Continental Shelf, Federal, or
Indian lands, or any minimum royalty owed to
the United States or an Indian tribe or an Indian allottee under any provision of a lease;
(15) ‘‘Secretary’’ means the Secretary of the
Interior or his designee;
(16) ‘‘State’’ means the several States of the
Union, the District of Columbia, Puerto Rico,
the territories and possessions of the United
States, and the Trust Territory of the Pacific
Islands;
(17) ‘‘adjustment’’ means an amendment to a
previously filed report on an obligation, and
any additional payment or credit, if any, applicable thereto, to rectify an underpayment
or overpayment on an obligation;
(18) ‘‘administrative proceeding’’ means any
Department of the Interior agency process in
which a demand, decision or order issued by
the Secretary or a delegated State is subject
to appeal or has been appealed;
(19) ‘‘assessment’’ means any fee or charge
levied or imposed by the Secretary or a delegated State other than—
(A) the principal amount of any royalty,
minimum royalty, rental bonus, net profit
share or proceed of sale;
(B) any interest; or
(C) any civil or criminal penalty;
(20) ‘‘commence’’ means—
(A) with respect to a judicial proceeding,
the service of a complaint, petition, counterclaim, cross claim, or other pleading seeking
affirmative relief or seeking credit or
recoupment: Provided, That if the Secretary
commences a judicial proceeding against a
designee, the Secretary shall give notice of
that commencement to the lessee who designated the designee, but the Secretary is
not required to give notice to other lessees
who may be liable pursuant to section
1712(a) of this title, for the obligation that is
the subject of the judicial proceeding; or
(B) with respect to a demand, the receipt
by the Secretary or a delegated State or a
lessee or its designee (with written notice to
the lessee who designated the designee) of
the demand;
(21) ‘‘credit’’ means the application of an
overpayment (in whole or in part) against an
obligation which has become due to discharge,
cancel or reduce the obligation;
(22) ‘‘delegated State’’ means a State which,
pursuant to an agreement or agreements

Page 332

under section 1735 of this title, performs authorities, duties, responsibilities, or activities
of the Secretary;
(23) ‘‘demand’’ means—
(A) an order to pay issued by the Secretary
or the applicable delegated State to a lessee
or its designee (with written notice to the
lessee who designated the designee) that has
a reasonable basis to conclude that the obligation in the amount of the demand is due
and owing; or
(B) a separate written request by a lessee
or its designee which asserts an obligation
due the lessee or its designee that provides a
reasonable basis to conclude that the obligation in the amount of the demand is due and
owing, but does not mean any royalty or
production report, or any information contained therein, required by the Secretary or
a delegated State;
(24) ‘‘designee’’ means the person designated
by a lessee pursuant to section 1712(a) of this
title, with such written designation effective
on the date such designation is received by the
Secretary and remaining in effect until the
Secretary receives notice in writing that the
designation is modified or terminated;
(25) ‘‘obligation’’ means—
(A) any duty of the Secretary or, if applicable, a delegated State—
(i) to take oil or gas royalty in kind; or
(ii) to pay, refund, offset, or credit monies including (but not limited to)—
(I) the principal amount of any royalty, minimum royalty, rental, bonus,
net profit share or proceed of sale; or
(II) any interest; and
(B) any duty of a lessee or its designee
(subject to the provisions of section 1712(a)
of this title)—
(i) to deliver oil or gas royalty in kind;
or
(ii) to pay, offset or credit monies including (but not limited to)—
(I) the principal amount of any royalty, minimum royalty, rental, bonus,
net profit share or proceed of sale;
(II) any interest;
(III) any penalty; or
(IV) any assessment,
which arises from or relates to any lease
administered by the Secretary for, or any
mineral leasing law related to, the exploration, production and development of oil
or gas on Federal lands or the Outer Continental Shelf;
(26) ‘‘order to pay’’ means a written order issued by the Secretary or the applicable delegated State to a lessee or its designee (with
notice to the lessee who designated the designee) which—
(A) asserts a specific, definite, and quantified obligation claimed to be due, and
(B) specifically identifies the obligation by
lease, production month and monetary
amount of such obligation claimed to be due
and ordered to be paid, as well as the reason
or reasons such obligation is claimed to be
due, but such term does not include any

Page 333

TITLE 30—MINERAL LANDS AND MINING

other communication or action by or on behalf of the Secretary or a delegated State;
(27) ‘‘overpayment’’ means any payment by a
lessee or its designee in excess of an amount
legally required to be paid on an obligation
and includes the portion of any estimated payment for a production month that is in excess
of the royalties due for that month;
(28) ‘‘payment’’ means satisfaction, in whole
or in part, of an obligation;
(29) ‘‘penalty’’ means a statutorily authorized civil fine levied or imposed for a violation
of this chapter, any mineral leasing law, or a
term or provision of a lease administered by
the Secretary;
(30) ‘‘refund’’ means the return of an overpayment;
(31) ‘‘State concerned’’ means, with respect
to a lease, a State which receives a portion of
royalties or other payments under the mineral
leasing laws from such lease;
(32) ‘‘underpayment’’ means any payment or
nonpayment by a lessee or its designee that is
less than the amount legally required to be
paid on an obligation; and
(33) ‘‘United States’’ means the United
States Government and any department, agency, or instrumentality thereof, the several
States, the District of Columbia, and the territories of the United States.
(Pub. L. 97–451, § 3, Jan. 12, 1983, 96 Stat. 2448;
Pub. L. 92–203, § 29(f)(1), as added Pub. L. 100–241,
§ 15, Feb. 3, 1988, 101 Stat. 1813; Pub. L. 104–185,
§ 2, Aug. 13, 1996, 110 Stat. 1700; Pub. L. 104–200,
§ 1(1), Sept. 22, 1996, 110 Stat. 2421.)
REFERENCES IN TEXT
Section 3 of the Act of June 28, 1906 (34 Stat. 539), referred to in par. (3), is not classified to the Code.
‘‘Outer Continental Shelf’’ as provided in the Outer
Continental Shelf Lands Act (Public Law 95–372), referred to in par. (10), is defined in section 1331(a) of
Title 43, Public Lands.
AMENDMENTS
1996—Par. (7). Pub. L. 104–185, § 2(1), amended par. (7)
generally. Prior to amendment, par. (7) read as follows:
‘‘ ‘lessee’ means any person to whom the United States,
an Indian tribe, or an Indian allottee, issues a lease, or
any person who has been assigned an obligation to
make royalty or other payments required by the
lease;’’.
Pars. (17) to (25). Pub. L. 104–185, § 2(2), added pars. (17)
to (25).
Par. (25)(B). Pub. L. 104–200, substituted ‘‘provisions
of section 1712(a)’’ for ‘‘provision of section 1712(a)’’ in
introductory provisions.
Pars. (26) to (33). Pub. L. 104–185, § 2(2), added pars. (26)
to (33).
1988—Pars. (3), (4). Pub. L. 92–203 inserted ‘‘or which
is administered by the United States pursuant to section 1613(g) of title 43’’ after ‘‘alienation’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–185 applicable with respect to production of oil and gas after the first day of
the month following Aug. 13, 1996, see section 11 of Pub.
L. 104–185, set out as a note under section 1701 of this
title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 29(f)(2) of Pub. L. 92–203, as added by Pub. L.
100–241, § 15, Feb. 3, 1988, 101 Stat. 1813, provided that:

§ 1711

‘‘The amendment made by paragraph (1) [amending this
section] shall be effective as if originally included in
section 3 of Public Law 97–451 [this section].’’
APPLICABILITY OF 1996 AMENDMENT
Amendment by Pub. L. 104–185 not applicable to any
privately owned minerals or with respect to Indian
lands, see sections 9 and 10 of Pub. L. 104–185, set out
as a note under section 1701 of this title.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

SUBCHAPTER I—FEDERAL ROYALTY
MANAGEMENT AND ENFORCEMENT
§ 1711. Duties of Secretary
(a) Establishment of inspection, collection, and
accounting and auditing system
The Secretary shall establish a comprehensive
inspection, collection and fiscal and production
accounting and auditing system to provide the
capability to accurately determine oil and gas
royalties, interest, fines, penalties, fees, deposits, and other payments owed, and to collect and
account for such amounts in a timely manner.
(b) Annual inspection of lease sites; training
The Secretary shall—
(1) establish procedures to ensure that authorized and properly identified representatives of the Secretary will inspect at least
once annually each lease site producing or expected to produce significant quantities of oil
or gas in any year or which has a history of
noncompliance with applicable provisions of
law or regulations; and
(2) establish and maintain adequate programs providing for the training of all such
authorized representatives in methods and
techniques of inspection and accounting that
will be used in the implementation of this
chapter.
(c) Audit and reconciliation of lease accounts;
contracts with certified public accountants;
availability of books, accounts, records, etc.,
necessary for audit
(1) The Secretary shall audit and reconcile, to
the extent practicable, all current and past lease
accounts for leases of oil or gas and take appropriate actions to make additional collections or
refunds as warranted. The Secretary shall conduct audits and reconciliations of lease accounts
in conformity with the business practices and
recordkeeping systems which were required of
the lessee by the Secretary for the period covered by the audit. The Secretary shall give priority to auditing those lease accounts identified
by a State or Indian tribe as having significant
potential for underpayment. The Secretary may
also audit accounts and records of selected lessees and operators.
(2) The Secretary may enter into contracts or
other appropriate arrangements with independent certified public accountants to undertake
audits of accounts and records of any lessee or
operator relating to the lease of oil or gas. Selection of such independent certified public ac-

§ 1712

TITLE 30—MINERAL LANDS AND MINING

countants shall be by competitive bidding in accordance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b),
3509, 3906, 4710, and 4711) of subtitle I of title 41,
except that the Secretary may not enter into a
contract or other arrangement with any independent certified public accountant to audit any
lessee or operator where such lessee or operator
is a primary audit client of such certified public
accountant.
(3) All books, accounts, financial records, reports, files, and other papers of the Secretary, or
used by the Secretary, which are reasonably
necessary to facilitate the audits required under
this section shall be made available to any person or governmental entity conducting audits
under this chapter.
(Pub. L. 97–451, title I, § 101, Jan. 12, 1983, 96 Stat.
2449.)
CODIFICATION
In subsec. (c)(2), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41’’ substituted for
‘‘the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 252)’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted
Title 40, Public Buildings, Property, and Works, and
Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which
Act enacted Title 41, Public Contracts.

§ 1712. Duties of lessees, operators, and motor vehicle transporters
(a) Liability for royalty payments
In order to increase receipts and achieve effective collections of royalty and other payments,
a lessee who is required to make any royalty or
other payment under a lease or under the mineral leasing laws, shall make such payments in
the time and manner as may be specified by the
Secretary or the applicable delegated State. A
lessee may designate a person to make all or
part of the payments due under a lease on the
lessee’s behalf and shall notify the Secretary or
the applicable delegated State in writing of such
designation, in which event said designated person may, in its own name, pay, offset or credit
monies, make adjustments, request and receive
refunds and submit reports with respect to payments required by the lessee. Notwithstanding
any other provision of this chapter to the contrary, a designee shall not be liable for any payment obligation under the lease. The person
owning operating rights in a lease shall be primarily liable for its pro rata share of payment
obligations under the lease. If the person owning
the legal record title in a lease is other than the
operating rights owner, the person owning the
legal record title shall be secondarily liable for
its pro rata share of such payment obligations
under the lease.
(b) Development of and compliance with site security plan and minimum site security measures by operators; notification to Secretary
of well production
An operator shall—
(1) develop and comply with a site security
plan designed to protect the oil or gas produced or stored on an onshore lease site from
theft, which plan shall conform with such

Page 334

minimum standards as the Secretary may prescribe by rule, taking into account the variety
of circumstances at lease sites;
(2) develop and comply with such minimum
site security measures as the Secretary deems
appropriate to protect oil or gas produced or
stored on a lease site or on the Outer Continental Shelf from theft; and
(3) not later than the 5th business day after
any well begins production anywhere on a
lease site or allocated to a lease site, or resumes production in the case of a well which
has been off of production for more than 90
days, notify the Secretary, in the manner prescribed by the Secretary, of the date on which
such production has begun or resumed.
(c) Possession of documentation by transporters
of oil or gas by motor vehicle or pipeline
(1) Any person engaged in transporting by
motor vehicle any oil from any lease site, or allocated to any such lease site, shall carry, on his
person, in his vehicle, or in his immediate control, documentation showing, at a minimum,
the amount, origin, and intended first destination of the oil.
(2) Any person engaged in transporting any oil
or gas by pipeline from any lease site, or allocated to any lease site, on Federal or Indian
lands shall maintain documentation showing, at
a minimum, amount, origin, and intended first
destination of such oil or gas.
(Pub. L. 97–451, title I, § 102, Jan. 12, 1983, 96 Stat.
2450; Pub. L. 104–185, § 6(g), Aug. 13, 1996, 110 Stat.
1715.)
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–185 inserted heading and
amended text generally. Prior to amendment, text read
as follows: ‘‘A lessee—
‘‘(1) who is required to make any royalty or other
payment under a lease or under the mineral leasing
laws, shall make such payments in the time and manner as may be specified by the Secretary; and
‘‘(2) shall notify the Secretary, in the time and
manner as may be specified by the Secretary, of any
assignment the lessee may have made of the obligation to make any royalty or other payment under a
lease or under the mineral leasing laws.’’
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–185 applicable with respect to the production of oil and gas after the first day
of the month following Aug. 13, 1996, see section 11 of
Pub. L. 104–185, set out as a note under section 1701 of
this title.
APPLICABILITY OF 1996 AMENDMENT
Amendment by Pub. L. 104–185 not applicable to any
privately owned minerals or with respect to Indian
lands, see sections 9 and 10 of Pub. L. 104–185, set out
as a note under section 1701 of this title.

§ 1713. Required recordkeeping
(a) Maintenance and availability of records, reports, and information for inspection and duplication
A lessee, operator, or other person directly involved in developing, producing, transporting,
purchasing, or selling oil or gas subject to this
chapter through the point of first sale or the
point of royalty computation, whichever is
later, shall establish and maintain any records,

Page 335

TITLE 30—MINERAL LANDS AND MINING

make any reports, and provide any information
that the Secretary may, by rule, reasonably require for the purposes of implementing this
chapter or determining compliance with rules or
orders under this chapter. Upon the request of
any officer or employee duly designated by the
Secretary or any State or Indian tribe conducting an audit or investigation pursuant to this
chapter, the appropriate records, reports, or information which may be required by this section
shall be made available for inspection and duplication by such officer or employee, State, or Indian tribe.
(b) Length of time maintenance required
Records required by the Secretary with respect to oil and gas leases from Federal or Indian lands or the Outer Continental Shelf shall
be maintained for 6 years after the records are
generated unless the Secretary notifies the
record holder that he has initiated an audit or
investigation involving such records and that
such records must be maintained for a longer period. In any case when an audit or investigation
is underway, records shall be maintained until
the Secretary releases the record holder of the
obligation to maintain such records.
(Pub. L. 97–451, title I, § 103, Jan. 12, 1983, 96 Stat.
2451.)

§ 1717

(b) Effective date
This section shall take effect with respect to
payments made after October 1, 1983, unless the
Secretary, by rule, prescribes an earlier effective date.
(Pub. L. 97–451, title I, § 105, Jan. 12, 1983, 96 Stat.
2452.)
§ 1716. Liabilities and bonding
A person (including any agent or employee of
the United States and any independent contractor) authorized to collect, receive, account for,
or otherwise handle any moneys payable to, or
received by, the Department of the Interior
which are derived from the sale, lease, or other
disposal of any oil or gas shall be—
(1) liable to the United States for any losses
caused by any intentional or reckless action
or inaction of such individual with respect to
such moneys; and
(2) in the case of an independent contractor,
required as the Secretary deems necessary to
maintain a bond commensurate with the
amount of money for which such individual
could be liable to the United States.
(Pub. L. 97–451, title I, § 106, Jan. 12, 1983, 96 Stat.
2452.)
§ 1717. Hearings and investigations

§ 1714. Deposit of royalty funds to Indian accounts
Deposits of any royalty funds derived from the
production of oil or gas from, or allocated to, Indian lands shall be made by the Secretary to the
appropriate Indian account at the earliest practicable date after such funds are received by the
Secretary but in no case later than the last business day of the month in which such funds are
received.
(Pub. L. 97–451, title I, § 104(b), Jan. 12, 1983, 96
Stat. 2452.)
EFFECTIVE DATE
Section 104(c) of Pub. L. 97–451 provided that: ‘‘The
provisions of this section [enacting this section and
amending section 191 of this title] shall apply with respect to payments received by the Secretary after October 1, 1983, unless the Secretary, by rule, prescribes
an earlier effective date.’’

§ 1715. Explanation of payments
(a) Description, period, source, etc., of payments
to States or Indians
When any payment (including amounts due
from receipt of any royalty, bonus, interest
charge, fine, or rental) is made by the United
States to a State with respect to any oil or gas
lease on Federal lands or is deposited in the appropriate Indian account on behalf of an Indian
tribe or Indian allottee with respect to any oil
and gas lease on Indian lands, there shall be provided, together with such payment, a description of the type of payment being made, the period covered by such payment, the source of
such payment, production amounts, the royalty
rate, unit value and such other information as
may be agreed upon by the Secretary and the recipient State, Indian tribe, or Indian allottee.

(a) Authorization; affidavits, oaths, subpenas,
testimony, and payment of witnesses
In carrying out his duties under this chapter
the Secretary may conduct any investigation or
other inquiry necessary and appropriate and
may conduct, after notice, any hearing or audit,
necessary and appropriate to carrying out his
duties under this chapter. In connection with
any such hearings, inquiry, investigation, or
audit, the Secretary is also authorized where
reasonably necessary—
(1) to require by special or general order,
any person to submit in writing such affidavits and answers to questions as the Secretary
may reasonably prescribe, which submission
shall be made within such reasonable period
and under oath or otherwise, as may be necessary;
(2) to administer oaths;
(3) to require by subpena the attendance and
testimony of witnesses and the production of
all books, papers, production and financial
records, documents, matter, and materials, as
the Secretary may request;
(4) to order testimony to be taken by deposition before any person who is designated by
the Secretary and who has the power to administer oaths, and to compel testimony and
the production of evidence in the same manner
as authorized under paragraph (3) of this subsection; and
(5) to pay witnesses the same fees and mileage as are paid in like circumstances in the
courts of the United States.
(b) Refusal to obey subpena
In case of refusal to obey a subpena served
upon any person under this section, the district
court of the United States for any district in
which such person is found, resides, or transacts

§ 1718

TITLE 30—MINERAL LANDS AND MINING

business, upon application by the Attorney General at the request of the Secretary and after
notice to such person, shall have jurisdiction to
issue an order requiring such person to appear
and give testimony before the Secretary or to
appear and produce documents before the Secretary. Any failure to obey such order of the
court may be punished by such court as contempt thereof and subject to a penalty of up to
$10,000 a day.
(Pub. L. 97–451, title I, § 107, Jan. 12, 1983, 96 Stat.
2452.)
§ 1718. Inspections
(a) Motor vehicles on lease sites; vehicles not on
lease site
(1) On any lease site on Federal or Indian
lands, any authorized and properly identified
representative of the Secretary may stop and inspect any motor vehicle that he has probable
cause to believe is carrying oil from a lease site
on Federal or Indian lands or allocated to such
a lease site, for the purpose of determining
whether the driver of such vehicle has documentation related to such oil as required by law.
(2) Any authorized and properly identified representative of the Secretary, accompanied by
any appropriate law enforcement officer, or an
appropriate law enforcement officer alone, may
stop and inspect any motor vehicle which is not
on a lease site if he has probable cause to believe
the vehicle is carrying oil from a lease site on
Federal or Indian lands or allocated to such a
lease site. Such inspection shall be for the purpose of determining whether the driver of such
vehicle has the documentation required by law.
(b) Inspection of lease sites for compliance with
mineral leasing laws and this chapter
Authorized and properly identified representatives of the Secretary may without advance notice, enter upon, travel across and inspect lease
sites on Federal or Indian lands and may obtain
from the operator immediate access to secured
facilities on such lease sites, for the purpose of
making any inspection or investigation for determining whether there is compliance with the
requirements of the mineral leasing laws and
this chapter. The Secretary shall develop guidelines setting forth the coverage and the frequency of such inspections.
(c) Right of Secretary to enter upon and travel
across lease sites
For the purpose of making any inspection or
investigation under this chapter, the Secretary
shall have the same right to enter upon or travel
across any lease site as the lessee or operator
has acquired by purchase, condemnation, or
otherwise.
(Pub. L. 97–451, title I, § 108, Jan. 12, 1983, 96 Stat.
2453.)
§ 1719. Civil penalties
(a) Failure to comply with applicable law, to permit inspection, or to notify Secretary of assignment; exceptions to application of penalty
Any person who—

Page 336

(1) after due notice of violation or after such
violation has been reported under subparagraph (A), fails or refuses to comply with any
requirements of this chapter or any mineral
leasing law, any rule or regulation thereunder,
or the terms of any lease or permit issued
thereunder; or
(2) fails to permit inspection authorized in
section 1718 of this title or fails to notify the
Secretary of any assignment under section
1712(a)(2) 1 of this title
shall be liable for a penalty of up to $500 per violation for each day such violation continues,
dating from the date of such notice or report. A
penalty under this subsection may not be applied to any person who is otherwise liable for a
violation of paragraph (1) if:
(A) the violation was discovered and reported to the Secretary or his authorized representative by the liable person and corrected
within 20 days after such report or such longer
time as the Secretary may agree to; or
(B) after the due notice of violation required
in paragraph (1) has been given to such person
by the Secretary or his authorized representative, such person has corrected the violation
within 20 days of such notification or such
longer time as the Secretary may agree to.
(b) Failure to take corrective action
If corrective action in not taken within 40
days or a longer period as the Secretary may
agree to, after due notice or the report referred
to in subsection (a)(1) of this section, such person shall be liable for a civil penalty of not more
than $5,000 per violation for each day such violation continues, dating from the date of such notice or report.
(c) Failure to make royalty payment; failure to
permit lawful entry, inspection, or audit; failure to notify Secretary of well production
Any person who—
(1) knowingly or willfully fails to make any
royalty payment by the date as specified by
statute, regulation, order or terms of the
lease;
(2) fails or refuses to permit lawful entry, inspection, or audit; or
(3) knowingly or willfully fails or refuses to
comply with section 1712(b)(3) of this title,
shall be liable for a penalty of up to $10,000 per
violation for each day such violation continues.
(d) False information; unauthorized removal,
etc., of oil or gas; purchase, sale, etc., of stolen oil or gas
Any person who—
(1) knowingly or willfully prepares, maintains, or submits false, inaccurate, or misleading reports, notices, affidavits, records, data,
or other written information;
(2) knowingly or willfully takes or removes,
transports, uses or diverts any oil or gas from
any lease site without having valid legal authority to do so; or
(3) purchases, accepts, sells, transports, or
conveys to another, any oil or gas knowing or
having reason to know that such oil or gas was
stolen or unlawfully removed or diverted,
1 See

References in Text note below.

Page 337

TITLE 30—MINERAL LANDS AND MINING

shall be liable for a penalty of up to $25,000 per
violation for each day such violation continues.
(e) Hearing
No penalty under this section shall be assessed
until the person charged with a violation has
been given the opportunity for a hearing on the
record.
(f) Deduction of penalty from sums owed by
United States
The amount of any penalty under this section,
as finally determined 2 may be deducted from
any sums owing by the United States to the person charged.
(g) Compromise or reduction of penalties
On a case-by-case basis the Secretary may
compromise or reduce civil penalties under this
section.
(h) Notice
Notice under subsection (a) of this section
shall be by personal service by an authorized
representative of the Secretary or by registered
mail. Any person may, in the manner prescribed
by the Secretary, designate a representative to
receive any notice under this subsection.
(i) Reasons on record for amount of penalty
In determining the amount of such penalty, or
whether it should be remitted or reduced, and in
what amount, the Secretary shall state on the
record the reasons for his determinations.
(j) Review
Any person who has requested a hearing in accordance with subsection (e) of this section
within the time the Secretary has prescribed for
such a hearing and who is aggrieved by a final
order of the Secretary under this section may
seek review of such order in the United States
district court for the judicial district in which
the violation allegedly took place. Review by
the district court shall be only on the administrative record and not de novo. Such an action
shall be barred unless filed within 90 days after
the Secretary’s final order.
(k) Failure to pay penalty
If any person fails to pay an assessment of a
civil penalty under this chapter—
(1) after the order making the assessment
has become a final order and if such person
does not file a petition for judicial review of
the order in accordance with subsection (j) of
this section, or
(2) after a court in an action brought under
subsection (j) of this section has entered a
final judgment in favor of the Secretary,
the court shall have jurisdiction to award the
amount assessed plus interest from the date of
the expiration of the 90-day period referred to in
subsection (j) of this section. Judgment by the
court shall include an order to pay.
(l) Nonliability for leases automatically terminated
No person shall be liable for a civil penalty
under subsection (a) or (b) of this section for
failure to pay any rental for any lease automati-

cally terminated pursuant to section 188 of this
title.
(Pub. L. 97–451, title I, § 109, Jan. 12, 1983, 96 Stat.
2454.)
REFERENCES IN TEXT
Section 1712(a) of this title, referred to in subsec.
(a)(2), was amended generally by Pub. L. 104–185, § 6(g),
Aug. 13, 1996, 110 Stat. 1715, and, as so amended, no
longer contains a par. (2). See section 1712(a) of this
title.

§ 1720. Criminal penalties
Any person who commits an act for which a
civil penalty is provided in section 1719(d) of this
title shall, upon conviction, be punished by a
fine of not more than $50,000, or by imprisonment for not more than 2 years, or both.
(Pub. L. 97–451, title I, § 110, Jan. 12, 1983, 96 Stat.
2455.)
§ 1720a. Applicability of civil and criminal penalties to various uses of Federal or Indian
lands and Outer Continental Shelf
Notwithstanding any other provision of law,
Sections 1 1719 and 1720 2 of this title shall, for
fiscal year 2010 and each fiscal year thereafter,
apply to any lease authorizing exploration for or
development of coal, any other solid mineral, or
any geothermal resource on any Federal or Indian lands and any lease, easement, right of
way, or other agreement, regardless of form, for
use of the Outer Continental Shelf or any of its
resources under sections 1337(k) and 1337(p) of
title 43 to the same extent as if such lease, easement, right of way, or other agreement, regardless of form, were an oil and gas lease, except
that in such cases the term ‘‘royalty payment’’
shall include any payment required by such
lease, easement, right of way or other agreement, regardless of form, or by applicable regulation.
(Pub. L. 111–88, div. A, title I, § 114, Oct. 30, 2009,
123 Stat. 2928.)
REFERENCES IN TEXT
Sections 1719 and 1720 of this title, referred to in text,
was in the original ‘‘Sections 109 and 110 of the Federal
Oil and Gas Royalty Management Act’’ and was translated as meaning sections 109 and 110 of the Federal Oil
and Gas Royalty Management Act of 1982, to reflect the
probable intent of Congress.
CODIFICATION
Section was enacted as part of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2010, and not as part of the Federal Oil
and Gas Royalty Management Act of 1982 which comprises this chapter.

§ 1721. Royalty terms and conditions, interest,
and penalties
(a) Charge on late royalty payment or royalty
payment deficiency
In the case of oil and gas leases where royalty
payments are not received by the Secretary on
the date that such payments are due, or are less
1 So

2 So

in original. Probably should be followed by a comma.

§ 1721

in original. Probably should not be capitalized.
References in Text note below.

2 See

§ 1721

TITLE 30—MINERAL LANDS AND MINING

than the amount due, the Secretary shall charge
interest on such late payments or underpayments at the rate applicable under section 6621
of title 26. In the case of an underpayment or
partial payment, interest shall be computed and
charged only on the amount of the deficiency
and not on the total amount due.
(b) Charge on late payment made by Secretary to
States
Any payment made by the Secretary to a
State under section 191 of this title and any
other payment made by the Secretary to a State
from any oil or gas royalty received by the Secretary which is not paid on the date required
under section 191 of this title shall include an
interest charge computed at the rate applicable
under section 6621 of title 26.
(c) Deposit in royalty accounts of charges on royalties due and owing Indians
All interest charges collected under this chapter or under other applicable laws because of
nonpayment, late payment or underpayment of
royalties due and owing an Indian tribe or an Indian allottee shall be deposited to the same account as the royalty with respect to which such
interest is paid.
(d) Charge on late deposit of royalty fund to an
Indian account
Any deposit of royalty funds made by the Secretary to an Indian account which is not made
by the date required under section 1714 of this
title shall include an interest charge computed
at the rate applicable under section 6621 of title
26.
(e) Nonliability of States for Secretary’s failure
to comply with the Emergency Petroleum Allocation Act of 1973 or regulations thereunder
Notwithstanding any other provision of law,
no State will be assessed for any interest or penalties found to be due against the Secretary for
failure to comply with the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.]
or regulation of the Secretary of Energy thereunder concerning crude oil certification or pricing with respect to crude oil taken by the Secretary in kind as royalty. Any State share of an
overcharge, resulting from such failure to comply, shall be assessed against moneys found to
be due and owing to such State as a result of audits of royalty accounts for transactions which
took place prior to January 12, 1983, except that
if after the completion of such audits, sufficient
moneys have not been found due and owing to
any State, the State shall be assessed the balance of that State’s share of the overcharge.
(f) Limitation on interest charged
Interest shall be charged under this section
only for the number of days a payment is late.
(g) Omitted
(h) Lessee or designee interest
Interest shall be allowed and paid or credited
on any overpayment, with such interest to accrue from the date such overpayment was made,
at the rate obtained by applying the provisions
of subparagraphs (A) and (B) of section 6621(a)(1)

Page 338

of title 26, but determined without regard to the
sentence following subparagraph (B) of section
6621(a)(1). Interest which has accrued on any
overpayment may be applied to reduce an underpayment. This subsection applies to overpayments made later than six months after August
13, 1996, or September 1, 1996, whichever is later.
Such interest shall be paid from amounts received as current receipts from sales, bonuses,
royalties (including interest charges collected
under this section) and rentals of the public
lands and the Outer Continental Shelf under the
provisions of the Mineral Leasing Act [30 U.S.C.
181 et seq.], and the Outer Continental Shelf
Lands Act [43 U.S.C. 1331 et seq.], which are not
payable to a State or the Reclamation Fund.
The portion of any such interest payment attributable to any amounts previously disbursed
to a State, the Reclamation Fund, or any other
recipient designated by law shall be deducted
from the next disbursements to that recipient
made under the applicable law. Such amounts
deducted from subsequent disbursements shall
be credited to miscellaneous receipts in the
Treasury.
(i) Limitation on interest
Upon a determination by the Secretary that
an excessive overpayment (based upon all obligations of a lessee or its designee for a given reporting month) was made for the sole purpose of
receiving interest, interest shall not be paid on
the excessive amount of such overpayment. For
purposes of this chapter, an ‘‘excessive overpayment’’ shall be the amount that any overpayment a lessee or its designee pays for a given reporting month (excluding payments for demands
for obligations determined to be due as a result
of judicial or administrative proceedings or
agreed to be paid pursuant to settlement agreements) for the aggregate of all of its Federal
leases exceeds 10 percent of the total royalties
paid that month for those leases.
(j) Estimated payment
A lessee or its designee may make a payment
for the approximate amount of royalties (hereinafter in this subsection ‘‘estimated payment’’)
that would otherwise be due for such lease by
the date royalties are due for that lease. When
an estimated payment is made, actual royalties
are payable at the end of the month following
the month in which the estimated payment is
made. If the estimated payment was less than
the amount of actual royalties due, interest is
owed on the underpaid amount. If the estimated
payment exceeds the actual royalties due, interest is owed on the overpayment. If the lessee or
its designee makes a payment for such actual
royalties, the lessee or its designee may apply
the estimated payment to future royalties. Any
estimated payment may be adjusted, recouped,
or reinstated at any time by the lessee or its
designee.
(k) Volume allocation of oil and gas production
(1) Except as otherwise provided by this subsection—
(A) a lessee or its designee of a lease in a
unit or communitization agreement which
contains only Federal leases with the same
royalty rate and funds distribution shall re-

Page 339

TITLE 30—MINERAL LANDS AND MINING

port and pay royalties on oil and gas production for each production month based on the
actual volume of production sold by or on behalf of that lessee;
(B) a lessee or its designee of a lease in any
other unit or communitization agreement
shall report and pay royalties on oil and gas
production for each production month based
on the volume of oil and gas produced from
such agreement and allocated to the lease in
accordance with the terms of the agreement;
and
(C) a lessee or its designee of a lease that is
not contained in a unit or communitization
agreement shall report and pay royalties on
oil and gas production for each production
month based on the actual volume of production sold by or on behalf of that lessee.
(2) This subsection applies only to requirements for reporting and paying royalties. Nothing in this subsection is intended to alter a lessee’s liability for royalties on oil or gas production based on the share of production allocated
to the lease in accordance with the terms of the
lease, a unit or communitization agreement, or
any other agreement.
(3) For any unit or communitization agreement if all lessees contractually agree to an alternative method of royalty reporting and payment, the lessees may submit such alternative
method to the Secretary or the delegated State
for approval and make payments in accordance
with such approved alternative method so long
as such alternative method does not reduce the
amount of the royalty obligation.
(4) The Secretary or the delegated State shall
grant an exception from the reporting and payment requirements for marginal properties by
allowing for any calendar year or portion thereof royalties to be paid each month based on the
volume of production sold. Interest shall not accrue on the difference for the entire calendar
year or portion thereof between the amount of
oil and gas actually sold and the share of production allocated to the lease until the beginning of the month following such calendar year
or portion thereof. Any additional royalties due
or overpaid royalties and associated interest
shall be paid, refunded, or credited within six
months after the end of each calendar year in
which royalties are paid based on volumes of
production sold. For the purpose of this subsection, the term ‘‘marginal property’’ means a
lease that produces on average the combined
equivalent of less than 15 barrels of oil per well
per day or 90 thousand cubic feet of gas per well
per day, or a combination thereof, determined
by dividing the average daily production of
crude oil and natural gas from producing wells
on such lease by the number of such wells, unless the Secretary, together with the State concerned, determines that a different production is
more appropriate.
(5) Not later than two years after August 13,
1996, the Secretary shall issue any appropriate
demand for all outstanding royalty payment disputes regarding who is required to report and
pay royalties on production from units and
communitization agreements outstanding on
August 13, 1996, and collect royalty amounts
owed on such production.

§ 1721

(l) Production allocation
The Secretary shall issue all determinations
of allocations of production for units and
communitization agreements within 120 days of
a request for determination. If the Secretary
fails to issue a determination within such 120day period, the Secretary shall waive interest
due on obligations subject to the determination
until the end of the month following the month
in which the determination is made.
(Pub. L. 97–451, title I, § 111, Jan. 12, 1983, 96 Stat.
2455; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat.
2095; Pub. L. 104–185, § 6(a)–(e), (h)(1), Aug. 13,
1996, 110 Stat. 1712–1715; Pub. L. 104–200, § 1(3)–(6),
Sept. 22, 1996, 110 Stat. 2421.)
REFERENCES IN TEXT
The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (e), is Pub. L. 93–159, Nov. 27, 1973,
87 Stat. 628, as amended, which was classified generally
to chapter 16A (§ 751 et seq.) of Title 15, Commerce and
Trade, and was omitted from the Code pursuant to section 760g of Title 15, which provided for the expiration
of the President’s authority under that chapter on
Sept. 30, 1981.
The Mineral Leasing Act, referred to in subsec. (h), is
act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which
is classified generally to chapter 3A (§ 181 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 181 of
this title and Tables.
The Outer Continental Shelf Lands Act, referred to in
subsec. (h), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as
amended, which is classified generally to subchapter III
(§ 1331 et seq.) of chapter 29 of Title 43, Public Lands.
For complete classification of this Act to the Code, see
Short Title note set out under section 1301 of Title 43
and Tables.
CODIFICATION
Section is comprised of section 111 of Pub. L. 97–451.
Subsec. (g) of section 111 of Pub. L. 97–451 amended section 191(a) of this title.
AMENDMENTS
1996—Pub. L. 104–185, § 6(h)(1), substituted ‘‘Royalty
terms and conditions, interest, and penalties’’ for
‘‘Royalty interest, penalties and payments’’ in section
catchline.
Subsec. (h). Pub. L. 104–185, § 6(a), added subsec. (h).
Subsec. (i). Pub. L. 104–200, § 1(3), inserted ‘‘not’’ after
‘‘receiving interest, interest shall’’.
Pub. L. 104–185, § 6(b), added subsec. (i).
Subsec. (j). Pub. L. 104–200, § 1(4), (5), substituted
‘‘date royalties are due’’ for ‘‘rate royalties are due’’,
‘‘interest is owed on the underpaid amount’’ for ‘‘interest is owned on the underpaid amount’’, and ‘‘interest
is owed on the overpayment’’ for ‘‘interest is owned on
the overpayment’’.
Pub. L. 104–185, § 6(c), added subsec. (j).
Subsec. (k). Pub. L. 104–185, § 6(d), added subsec. (k).
Subsec. (k)(4). Pub. L. 104–200, § 1(6), substituted ‘‘additional royalties due’’ for ‘‘additional royalties dues’’.
Subsec. (l). Pub. L. 104–185, § 6(e), added subsec. (l).
1986—Subsecs. (a), (b), (d). Pub. L. 99–514 substituted
‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue
Code of 1954’’, which for purposes of codification was
translated as ‘‘title 26’’ thus requiring no change in
text.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–185 applicable with respect to production of oil and gas after the first day of
the month following Aug. 13, 1996, except as provided by
subsecs. (h) and (k)(5) of this section, see section 11 of
Pub. L. 104–185, set out as a note under section 1701 of
this title.

§ 1721a

TITLE 30—MINERAL LANDS AND MINING
APPLICABILITY OF 1996 AMENDMENT

Amendment by Pub. L. 104–185 not applicable to any
privately owned minerals or with respect to Indian
lands, see sections 9 and 10 of Pub. L. 104–185, set out
as a note under section 1701 of this title.
PAYMENT OF INTEREST CHARGES FROM CURRENT
RECEIPTS
Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat.
3053, as amended by Pub. L. 110–161, div. F, title I, Dec.
26, 2007, 121 Stat. 2109, provided in part: ‘‘That in fiscal
year 2005 and thereafter, notwithstanding 30 U.S.C.
191(a) and 43 U.S.C. 1338, the Secretary shall pay
amounts owed to States and Indian accounts under the
provisions of 30 U.S.C. 1721(b) and (d) from amounts received as current receipts from bonuses, royalties, interest collected from lessees and designees, and rentals
of the public lands and the outer continental shelf
under provisions of the Mineral Leasing Act (30 U.S.C.
181 et seq.), and the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.), which are not payable to a State
or the Reclamation Fund.’’

§ 1721a. Adjustments and refunds
(a) Adjustments to royalties paid to Secretary or
a delegated State
(1) If, during the adjustment period, a lessee or
its designee determines that an adjustment or
refund request is necessary to correct an underpayment or overpayment of an obligation, the
lessee or its designee shall make such adjustment or request a refund within a reasonable period of time and only during the adjustment period. The filing of a royalty report which reflects the underpayment or overpayment of an
obligation shall constitute prior written notice
to the Secretary or the applicable delegated
State of an adjustment.
(2)(A) For any adjustment, the lessee or its
designee shall calculate and report the interest
due attributable to such adjustment at the same
time the lessee or its designee adjusts the principle 1 amount of the subject obligation, except
as provided by subparagraph (B).
(B) In the case of a lessee or its designee who
determines that subparagraph (A) would impose
a hardship, the Secretary or such delegated
State shall calculate the interest due and notify
the lessee or its designee within a reasonable
time of the amount of interest due, unless such
lessee or its designee elects to calculate and report interest in accordance with subparagraph
(A).
(3) An adjustment or a request for a refund for
an obligation may be made after the adjustment
period only upon written notice to and approval
by the Secretary or the applicable delegated
State, as appropriate, during an audit of the period which includes the production month for
which the adjustment is being made. If an overpayment is identified during an audit, then the
Secretary or the applicable delegated State, as
appropriate, shall allow a credit or refund in the
amount of the overpayment.
(4) For purposes of this section, the adjustment period for any obligation shall be the sixyear period following the date on which an obligation became due. The adjustment period shall
be suspended, tolled, extended, enlarged, or terminated by the same actions as the limitation
period in section 1724 of this title.
1 So

in original. Probably should be ‘‘principal’’.

Page 340

(b) Refunds
(1) In general
A request for refund is sufficient if it—
(A) is made in writing to the Secretary
and, for purposes of section 1724 of this title,
is specifically identified as a demand;
(B) identifies the person entitled to such
refund;
(C) provides the Secretary information
that reasonably enables the Secretary to
identify the overpayment for which such refund is sought; and
(D) provides the reasons why the payment
was an overpayment.
(2) Payment by Secretary of the Treasury
The Secretary shall certify the amount of
the refund to be paid under paragraph (1) to
the Secretary of the Treasury who shall make
such refund. Such refund shall be paid from
amounts received as current receipts from
sales, bonuses, royalties (including interest
charges collected under this section) and rentals of the public lands and the Outer Continental Shelf under the provisions of the Mineral
Leasing Act [30 U.S.C. 181 et seq.] and the
Outer Continental Shelf Lands Act [43 U.S.C.
1331 et seq.], which are not payable to a State
or the Reclamation Fund. The portion of any
such refund attributable to any amounts previously disbursed to a State, the Reclamation
Fund, or any recipient prescribed by law shall
be deducted from the next disbursements to
that recipient made under the applicable law.
Such amounts deducted from subsequent disbursements shall be credited to miscellaneous
receipts in the Treasury.
(3) Payment period
A refund under this subsection shall be paid
or denied (with an explanation of the reasons
for the denial) within 120 days of the date on
which the request for refund is received by the
Secretary. Such refund shall be subject to
later audit by the Secretary or the applicable
delegated State and subject to the provisions
of this chapter.
(4) Prohibition against reduction of refunds or
credits
In no event shall the Secretary or any delegated State directly or indirectly claim or offset any amount or amounts against, or reduce
any refund or credit (or interest accrued
thereon) by the amount of any obligation the
enforcement of which is barred by section 1724
of this title.
(Pub. L. 97–451, title I, § 111A, as added Pub. L.
104–185, § 5(a), Aug. 13, 1996, 110 Stat. 1710.)
REFERENCES IN TEXT
The Mineral Leasing Act, referred to in subsec. (b)(2),
is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended,
which is classified generally to chapter 3A (§ 181 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 181
of this title and Tables.
The Outer Continental Shelf Lands Act, referred to in
subsec. (b)(2), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as
amended, which is classified generally to subchapter III
(§ 1331 et seq.) of chapter 29 of Title 43, Public Lands.
For complete classification of this Act to the Code, see

Page 341

TITLE 30—MINERAL LANDS AND MINING

Short Title note set out under section 1301 of Title 43
and Tables.
EFFECTIVE DATE
Section applicable with respect to production of oil
and gas after the first day of the month following Aug.
13, 1996, see section 11 of Pub. L. 104–185, set out as an
Effective Date of 1996 Amendment note under section
1701 of this title.
APPLICABILITY
Section not applicable to any privately owned minerals or with respect to Indian lands, see sections 9 and
10 of Pub. L. 104–185, set out as an Applicability of 1996
Amendment note under section 1701 of this title.

§ 1722. Injunction and specific enforcement authority
(a) Civil action by Attorney General
In addition to any other remedy under this
chapter or any mineral leasing law, the Attorney General of the United States or his designee
may bring a civil action in a district court of
the United States, which shall have jurisdiction
over such actions—
(1) to restrain any violation of this chapter;
or
(2) to compel the taking of any action required by or under this chapter or any mineral
leasing law of the United States.
(b) Venue
A civil action described in subsection (a) of
this section may be brought only in the United
States district court for the judicial district
wherein the act, omission, or transaction constituting a violation under this chapter or any
other mineral leasing law occurred, or wherein
the defendant is found or transacts business.
(Pub. L. 97–451, title I, § 112, Jan. 12, 1983, 96 Stat.
2456.)
§ 1723. Rewards
Where amounts representing royalty or other
payments owed to the United States with respect to any oil and gas lease on Federal lands
or the Outer Continental Shelf are recovered
pursuant to any action taken by the Secretary
under this chapter as a result of information
provided to the Secretary by any person, the
Secretary is authorized to pay to such person an
amount equal to not more than 10 percent of
such recovered amounts. The preceding sentence
shall not apply to information provided by an
officer or employee of the United States, an officer or employee of a State or Indian tribe acting
pursuant to a cooperative agreement or delegation under this chapter, or any person acting
pursuant to a contract authorized by this chapter.
(Pub. L. 97–451, title I, § 113, Jan. 12, 1983, 96 Stat.
2456.)
§ 1724. Secretarial and delegated States’ actions
and limitation periods
(a) In general
The respective duties, responsibilities, and activities with respect to a lease shall be performed by the Secretary, delegated States, and
lessees or their designees in a timely manner.

§ 1724

(b) Limitation period
(1) In general
A judicial proceeding or demand which
arises from, or relates to an obligation, shall
be commenced within seven years from the
date on which the obligation becomes due and
if not so commenced shall be barred. If commencement of a judicial proceeding or demand
for an obligation is barred by this section, the
Secretary, a delegated State, or a lessee or its
designee (A) shall not take any other or further action regarding that obligation, including (but not limited to) the issuance of any
order, request, demand or other communication seeking any document, accounting, determination, calculation, recalculation, payment,
principal, interest, assessment, or penalty or
the initiation, pursuit or completion of an
audit with respect to that obligation; and (B)
shall not pursue any other equitable or legal
remedy, whether under statute or common
law, with respect to an action on or an enforcement of said obligation.
(2) Rule of construction
A judicial proceeding or demand that is
timely commenced under paragraph (1)
against a designee shall be considered timely
commenced as to any lessee who is liable pursuant to section 1712(a) of this title for the obligation that is the subject of the judicial proceeding or demand.
(3) Application of certain limitations
The limitations set forth in sections 2401,
2415, 2416, and 2462 of title 28 and section 226–2
of this title shall not apply to any obligation
to which this chapter applies. Section 3716 of
title 31 may be applied to an obligation the enforcement of which is not barred by this chapter, but may not be applied to any obligation
the enforcement of which is barred by this
chapter.
(c) Obligation becomes due
(1) In general
For purposes of this chapter, an obligation
becomes due when the right to enforce the obligation is fixed.
(2) Royalty obligations
The right to enforce any royalty obligation
for any given production month for a lease is
fixed for purposes of this chapter on the last
day of the calendar month following the
month in which oil or gas is produced.
(d) Tolling of limitation period
The running of the limitation period under
subsection (b) of this section shall not be suspended, tolled, extended, or enlarged for any obligation for any reason by any action, including
an action by the Secretary or a delegated State,
other than the following:
(1) Tolling agreement
A written agreement executed during the
limitation period between the Secretary or a
delegated State and a lessee or its designee
(with notice to the lessee who designated the
designee) shall toll the limitation period for
the amount of time during which the agreement is in effect.

§ 1724

TITLE 30—MINERAL LANDS AND MINING

(2) Subpoena
(A) The issuance of a subpoena to a lessee or
its designee (with notice to the lessee who designated the designee, which notice shall not
constitute a subpoena to the lessee) in accordance with the provisions of subparagraph (B)(i)
shall toll the limitation period with respect to
the obligation which is the subject of a subpoena only for the period beginning on the
date the lessee or its designee receives the
subpoena and ending on the date on which (i)
the lessee or its designee has produced such
subpoenaed records for the subject obligation,
(ii) the Secretary or a delegated State receives
written notice that the subpoenaed records for
the subject obligation are not in existence or
are not in the lessee’s or its designee’s possession or control, or (iii) a court has determined
in a final decision that such records are not
required to be produced, whichever occurs
first.
(B)(i) A subpoena for the purposes of this
section which requires a lessee or its designee
to produce records necessary to determine the
proper reporting and payment of an obligation
due the Secretary may be issued only by an
Assistant Secretary of the Interior or an Acting Assistant Secretary of the Interior who is
a schedule C employee (as defined by section
213.3301 of title 5, Code of Federal Regulations), or the Director or Acting Director of
the respective bureau or agency, and may not
be delegated to any other person. If a State
has been delegated authority pursuant to section 1735 of this title, the State, acting
through the highest State official having ultimate authority over the collection of royalties
from leases on Federal lands within the State,
may issue such subpoena, but may not delegate such authority to any other person.
(ii) A subpoena described in clause (i) may
only be issued against a lessee or its designee
during the limitation period provided in this
section and only after the Secretary or a delegated State has in writing requested the
records from the lessee or its designee related
to the obligation which is the subject of the
subpoena and has determined that—
(I) the lessee or its designee has failed to
respond within a reasonable period of time
to the Secretary’s or the applicable delegated State’s written request for such
records necessary for an audit, investigation
or other inquiry made in accordance with
the Secretary’s or such delegated State’s responsibilities under this chapter; or
(II) the lessee or its designee has in writing denied the Secretary’s or the applicable
delegated State’s written request to produce
such records in the lessee’s or its designee’s
possession or control necessary for an audit,
investigation or other inquiry made in accordance with the Secretary’s or such delegated State’s responsibilities under this
chapter; or
(III) the lessee or its designee has unreasonably delayed in producing records necessary for an audit, investigation or other
inquiry made in accordance with the Secretary’s or the applicable delegated State’s
responsibilities under this chapter after the

Page 342

Secretary’s or delegated State’s written request.
(C) In seeking records, the Secretary or the
applicable delegated State shall afford the lessee or its designee a reasonable period of time
after a written request by the Secretary or
such delegated State in which to provide such
records prior to the issuance of any subpoena.
(3) Misrepresentation or concealment
The intentional misrepresentation or concealment of a material fact for the purpose of
evading the payment of an obligation in which
case the limitation period shall be tolled for
the period of such misrepresentation or such
concealment.
(4) Order to perform restructured accounting
(A)(i) The issuance of a notice under subparagraph (D) that the lessee or its designee
has not substantially complied with the requirement to perform a restructured accounting shall toll the limitation period with respect to the obligation which is the subject of
the notice only for the period beginning on the
date the lessee or its designee receives the notice and ending 120 days after the date on
which (I) the Secretary or the applicable delegated State receives written notice that the
accounting or other requirement has been performed, or (II) a court has determined in a
final decision that the lessee is not required to
perform the accounting, whichever occurs
first.
(ii) If the lessee or its designee initiates an
administrative appeal or judicial proceeding
to contest an order to perform a restructured
accounting issued under subparagraph (B)(i),
the limitation period in subsection (b) of this
section shall be tolled from the date the lessee
or its designee received the order until a final,
nonappealable decision is issued in any such
proceeding.
(B)(i) The Secretary or the applicable delegated State may issue an order to perform a
restructured accounting to a lessee or its designee when the Secretary or such delegated
State determines during an audit of a lessee or
its designee that the lessee or its designee
should recalculate royalty due on an obligation based upon the Secretary’s or the delegated State’s finding that the lessee or its designee has made identified underpayments or
overpayments which are demonstrated by the
Secretary or the delegated State to be based
upon repeated, systemic reporting errors for a
significant number of leases or a single lease
for a significant number of reporting months
with the same type of error which constitutes
a pattern of violations and which are likely to
result in either significant underpayments or
overpayments.
(ii) The power of the Secretary to issue an
order to perform a restructured accounting
may not be delegated below the most senior
career professional position having responsibility for the royalty management program,
which position is currently designated as the
‘‘Associate Director for Royalty Management’’, and may not be delegated to any other
person. If a State has been delegated authority

Page 343

TITLE 30—MINERAL LANDS AND MINING

pursuant to section 1735 of this title, the
State, acting through the highest ranking
State official having ultimate authority over
the collection of royalties from leases on Federal lands within the State, may issue such
order to perform, which may not be delegated
to any other person. An order to perform a restructured accounting shall—
(I) be issued within a reasonable period of
time from when the audit identifies the systemic, reporting errors;
(II) specify the reasons and factual bases
for such order;
(III) be specifically identified as an ‘‘order
to perform a restructured accounting’’;
(IV) provide the lessee or its designee a
reasonable period of time (but not less than
60 days) within which to perform the restructured accounting; and
(V) provide the lessee or its designee 60
days within which to file an administrative
appeal of the order to perform a restructured
accounting.
(C) An order to perform a restructured accounting shall not mean or be construed to include any other action by or on behalf of the
Secretary or a delegated State.
(D) If a lessee or its designee fails to substantially comply with the requirement to
perform a restructured accounting pursuant to
this subsection, a notice shall be issued to the
lessee or its designee that the lessee or its designee has not substantially complied with the
requirements to perform a restructured accounting. A lessee or its designee shall be
given a reasonable time within which to perform the restructured accounting. Such notice
may be issued under this section only by an
Assistant Secretary of the Interior or an acting Assistant Secretary of the Interior who is
a schedule C employee (as defined by section
213.3301 of title 5, Code of Federal Regulations)
and may not be delegated to any other person.
If a State has been delegated authority pursuant to section 1735 of this title, the State, acting through the highest State official having
ultimate authority over the collection of royalties from leases on Federal lands within the
State, may issue such notice, which may not
be delegated to any other person.
(e) Termination of limitations period
An action or an enforcement of an obligation
by the Secretary or delegated State or a lessee
or its designee shall be barred under this section
prior to the running of the seven-year period
provided in subsection (b) of this section in the
event—
(1) the Secretary or a delegated State has
notified the lessee or its designee in writing
that a time period is closed to further audit;
or
(2) the Secretary or a delegated State and a
lessee or its designee have so agreed in writing.
For purposes of this subsection, notice to, or an
agreement by, the designee shall be binding on
any lessee who is liable pursuant to section
1712(a) of this title for obligations that are the
subject of the notice or agreement.

§ 1724

(f) Records required for determining collections
Records required pursuant to section 1713 of
this title by the Secretary or any delegated
State for the purpose of determining obligations
due and compliance with any applicable mineral
leasing law, lease provision, regulation or order
with respect to oil and gas leases from Federal
lands or the Outer Continental Shelf shall be
maintained for the same period of time during
which a judicial proceeding or demand may be
commenced under subsection (b) of this section.
If a judicial proceeding or demand is timely
commenced, the record holder shall maintain
such records until the final nonappealable decision in such judicial proceeding is made, or with
respect to that demand is rendered, unless the
Secretary or the applicable delegated State authorizes in writing an earlier release of the requirement to maintain such records. Notwithstanding anything herein to the contrary, under
no circumstance shall a record holder be required to maintain or produce any record relating to an obligation for any time period which is
barred by the applicable limitation in this section. In connection with any hearing, administrative proceeding, inquiry, investigation, or
audit by the Secretary or a delegated State
under this chapter, the Secretary or the delegated State shall minimize the submission of
multiple or redundant information and make a
good faith effort to locate records previously
submitted by a lessee or a designee to the Secretary or the delegated State, prior to requiring
the lessee or the designee to provide such
records.
(g) Timely collections
In order to most effectively utilize resources
available to the Secretary to maximize the collection of oil and gas receipts from lease obligations to the Treasury within the seven-year period of limitations, and consequently to maximize the State share of such receipts, the Secretary should not perform or require accounting, reporting, or audit activities if the Secretary and the State concerned determine that
the cost of conducting or requiring the activity
exceeds the expected amount to be collected by
the activity, based on the most current 12
months of activity. This subsection shall not
provide a defense to a demand or an order to
perform a restructured accounting. To the maximum extent possible, the Secretary and delegated States shall reduce costs to the United
States Treasury and the States by discontinuing
requirements for unnecessary or duplicative
data and other information, such as separate allowances and payor information, relating to obligations due. If the Secretary and the State
concerned determine that collection will result
sooner, the Secretary or the applicable delegated State may waive or forego interest in
whole or in part.
(h) Appeals and final agency action
(1) 33-month period
Demands or orders issued by the Secretary
or a delegated State are subject to administrative appeal in accordance with the regulations
of the Secretary. No State shall impose any
conditions which would hinder a lessee’s or its

§ 1725

TITLE 30—MINERAL LANDS AND MINING

designee’s immediate appeal of an order to the
Secretary or the Secretary’s designee. The
Secretary shall issue a final decision in any
administrative proceeding, including any administrative proceedings pending on August
13, 1996, within 33 months from the date such
proceeding was commenced or 33 months from
August 13, 1996, whichever is later. The 33month period may be extended by any period
of time agreed upon in writing by the Secretary and the appellant.
(2) Effect of failure to issue decision
If no such decision has been issued by the
Secretary within the 33-month period referred
to in paragraph (1)—
(A) the Secretary shall be deemed to have
issued and granted a decision in favor of the
appellant as to any nonmonetary obligation
and any monetary obligation the principal
amount of which is less than $10,000; and
(B) the Secretary shall be deemed to have
issued a final decision in favor of the Secretary, which decision shall be deemed to affirm those issues for which the agency rendered a decision prior to the end of such period, as to any monetary obligation the principal amount of which is $10,000 or more, and
the appellant shall have a right to judicial
review of such deemed final decision in accordance with title 5.
(i) Collections of disputed amounts due
To expedite collections relating to disputed
obligations due within the seven-year period beginning on the date the obligation became due,
the parties shall hold not less than one settlement consultation and the Secretary and the
State concerned may take such action as is appropriate to compromise and settle a disputed
obligation, including waiving or reducing interest and allowing offsetting of obligations among
leases.
(j) Enforcement of claim for judicial review
In the event a demand subject to this section
is properly and timely commenced, the obligation which is the subject of the demand may be
enforced beyond the seven-year limitations period without being barred by this statute of limitations. In the event a demand subject to this
section is properly and timely commenced, a judicial proceeding challenging the final agency
action with respect to such demand shall be
deemed timely so long as such judicial proceeding is commenced within 180 days from receipt
of notice by the lessee or its designee of the
final agency action.
(k) Implementation of final decision
In the event a judicial proceeding or demand
subject to this section is timely commenced and
thereafter the limitation period in this section
lapses during the pendency of such proceeding,
any party to such proceeding shall not be barred
from taking such action as is required or necessary to implement a final unappealable judicial or administrative decision, including any
action required or necessary to implement such
decision by the recovery or recoupment of an
underpayment or overpayment by means of refund or credit.

Page 344

(l) Stay of payment obligation pending review
Any person ordered by the Secretary or a delegated State to pay any obligation (other than an
assessment) shall be entitled to a stay of such
payment without bond or other surety instrument pending an administrative or judicial proceeding if the person periodically demonstrates
to the satisfaction of the Secretary that such
person is financially solvent or otherwise able to
pay the obligation. In the event the person is
not able to so demonstrate, the Secretary may
require a bond or other surety instrument satisfactory to cover the obligation. Any person ordered by the Secretary or a delegated State to
pay an assessment shall be entitled to a stay
without bond or other surety instrument.
(Pub. L. 97–451, title I, § 115, as added Pub. L.
104–185, § 4(a), Aug. 13, 1996, 110 Stat. 1704; amended Pub. L. 104–200, § 1(2), Sept. 22, 1996, 110 Stat.
2421.)
CODIFICATION
Pub. L. 104–185, § 4(a), which directed the addition of
this section after section 114 of the Federal Oil and Gas
Royalty Management Act of 1982, Pub. L. 97–451, was
executed by adding this section after section 113 to reflect the probable intent of Congress because Pub. L.
97–451 did not contain a section 114.
AMENDMENTS
1996—Subsec. (l). Pub. L. 104–200 inserted ‘‘so’’ after
‘‘the person is not able to’’.
EFFECTIVE DATE
Section applicable with respect to production of oil
and gas after the first day of the month following Aug.
13, 1996, except as provided by subsec. (h) of this section, see section 11 of Pub. L. 104–185, set out as an Effective Date of 1996 Amendment note under section 1701
of this title.
APPLICABILITY
Section not applicable to any privately owned minerals or with respect to Indian lands, see sections 9 and
10 of Pub. L. 104–185, set out as an Applicability of 1996
Amendment note under section 1701 of this title.

§ 1725. Assessments
Beginning eighteen months after August 13,
1996, to encourage proper royalty payment the
Secretary or the delegated State shall impose
assessments on a person who chronically submits erroneous reports under this chapter. Assessments under this chapter may only be issued
as provided for in this section.
(Pub. L. 97–451, title I, § 116, as added Pub. L.
104–185, § 6(f)(1), Aug. 13, 1996, 110 Stat. 1714.)
CODIFICATION
Pub. L. 104–185, § 4(a), which directed the addition of
this section at the end of the Federal Oil and Gas Royalty Management Act of 1982, was executed by adding
this section at the end of title I of that Act to reflect
the probable intent of Congress.
EFFECTIVE DATE
Section applicable with respect to production of oil
and gas after the first day of the month following Aug.
13, 1996, see section 11 of Pub. L. 104–185, set out as an
Effective Date of 1996 Amendment note under section
1701 of this title.
APPLICABILITY
Section not applicable to any privately owned minerals or with respect to Indian lands, see sections 9 and

Page 345

TITLE 30—MINERAL LANDS AND MINING

10 of Pub. L. 104–185, set out as an Applicability of 1996
Amendment note under section 1701 of this title.

§ 1726. Alternatives for marginal properties
(a) Determination of best interests of State concerned and United States
The Secretary and the State concerned, acting
in the best interests of the United States and
the State concerned to promote production, reduce administrative costs, and increase net receipts to the United States and the States, shall
jointly determine, on a case by case basis, the
amount of what marginal production from a
lease or leases or well or wells, or parts thereof,
shall be subject to a prepayment under subsection (b) of this section or regulatory relief
under subsection (c) of this section. If the State
concerned does not consent, such prepayments
or regulatory relief shall not be made available
under this section for such marginal production:
Provided, That if royalty payments from a lease
or leases, or well or wells are not shared with
any State, such determination shall be made
solely by the Secretary.
(b) Prepayment of royalty
(1) In general
Notwithstanding the provisions of any lease
to the contrary, for any lease or leases or well
or wells identified by the Secretary and the
State concerned pursuant to subsection (a) of
this section, the Secretary is authorized to accept a prepayment for royalties in lieu of
monthly royalty payments under the lease for
the remainder of the lease term if the affected
lessee so agrees. Any prepayment agreed to by
the Secretary, State concerned and lessee
which is less than an average $500 per month
in total royalties shall be effectuated under
this section not earlier than two years after
August 13, 1996, and, any prepayment which is
greater than an average $500 per month in
total royalties shall be effectuated under this
section not earlier than three years after August 13, 1996. The Secretary and the State concerned may condition their acceptance of the
prepayment authorized under this section on
the lessee’s agreeing to such terms and conditions as the Secretary and the State concerned deem appropriate and consistent with
the purposes of this chapter. Such terms
may—
(A) provide for prepayment that does not
result in a loss of revenue to the United
States in present value terms;
(B) include provisions for receiving additional prepayments or royalties for developments in the lease or leases or well or wells
that deviate significantly from the assumptions and facts on which the valuation is determined; and
(C) require the lessee or its designee to
provide such periodic production reports as
may be necessary to allow the Secretary and
the State concerned to monitor production
for the purposes of subparagraph (B).
(2) State share
A prepayment under this section shall be
shared by the Secretary with any State or
other recipient to the same extent as any royalty payment for such lease.

§ 1731a

(3) Satisfaction of obligation
Except as may be provided in the terms and
conditions established by the Secretary under
subsection (b) of this section, a lessee or its
designee who makes a prepayment under this
section shall have satisfied in full the lessee’s
obligation to pay royalty on the production
stream sold from the lease or leases or well or
wells.
(c) Alternative accounting and auditing requirements
Within one year after August 13, 1996, the Secretary or the delegated State shall provide accounting, reporting, and auditing relief that will
encourage lessees to continue to produce and develop properties subject to subsection (a) of this
section: Provided, That such relief will only be
available to lessees in a State that concurs,
which concurrence is not required if royalty
payments from the lease or leases or well or
wells are not shared with any State. Prior to
granting such relief, the Secretary and, if appropriate, the State concerned shall agree that the
type of marginal wells and relief provided under
this paragraph is in the best interest of the
United States and, if appropriate, the State concerned.
(Pub. L. 97–451, title I, § 117, as added Pub. L.
104–185, § 7(a), Aug. 13, 1996, 110 Stat. 1715; amended Pub. L. 104–200, § 1(7), Sept. 22, 1996, 110 Stat.
2421.)
CODIFICATION
Pub. L. 104–185, § 4(a), which directed the addition of
this section at the end of the Federal Oil and Gas Royalty Management Act of 1982, was executed by adding
this section at the end of title I of that Act to reflect
the probable intent of Congress.
AMENDMENTS
1996—Subsec. (b)(1)(C). Pub. L. 104–200, § 1(7), substituted ‘‘its designee’’ for ‘‘it designee’’.
EFFECTIVE DATE
Section applicable with respect to production of oil
and gas after the first day of the month following Aug.
13, 1996, except as provided by this section, see section
11 of Pub. L. 104–185, set out as an Effective Date of 1996
Amendment note under section 1701 of this title.
APPLICABILITY
Section not applicable to any privately owned minerals or with respect to Indian lands, see sections 9 and
10 of Pub. L. 104–185, set out as an Applicability of 1996
Amendment note under section 1701 of this title.

SUBCHAPTER II—STATES AND INDIAN
TRIBES
§ 1731. Application of subchapter
This subchapter shall apply only with respect
to oil and gas leases on Federal lands or Indian
lands. Nothing in this subchapter shall be construed to apply to any lease on the Outer Continental Shelf.
(Pub. L. 97–451, title II, § 201, Jan. 12, 1983, 96
Stat. 2457.)
§ 1731a. Application of subchapter to leases of
lands within three miles of seaward boundaries of coastal States
For fiscal year 1990 and each fiscal year thereafter, notwithstanding the provisions of section

§ 1732

TITLE 30—MINERAL LANDS AND MINING

1731 of this title, sections 1732 through 1736 of
this title shall apply to any lease or portion of
a lease subject to section 1337(g) of title 43,
which, for purposes of those provisions and for
no other purposes, shall be regarded as within
the coastal State or States entitled to receive
revenues from it under section 1337(g) of title 43.
(Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat.
711.)
CODIFICATION
Section was enacted as part of the Department of the
Interior and Related Agencies Appropriations Act, 1990,
and not as part of the Federal Oil and Gas Royalty
Management Act of 1982 which comprises this chapter.
SIMILAR PROVISIONS
Similar provisions were contained in Pub. L. 100–446,
title I, Sept. 27, 1988, 102 Stat. 1791.

§ 1732. Cooperative agreements
(a) Authorization of Secretary; permission of Indian tribe required for activities on Indian
lands
The Secretary is authorized to enter into a cooperative agreement or agreements with any
State or Indian tribe to share oil or gas royalty
management information, to carry out inspection, auditing, investigation or enforcement
(not including the collection of royalties, civil
or criminal penalties or other payments) activities under this chapter in cooperation with the
Secretary, and to carry out any other activity
described in section 1718 of this title. The Secretary shall not enter into any such cooperative
agreement with a State with respect to any such
activities on Indian lands, except with the permission of the Indian tribe involved.
(b) Access to royalty accounting information
Except as provided in section 1733 of this title,
and pursuant to a cooperative agreement—
(1) each State shall, upon request, have access to all royalty accounting information in
the possession of the Secretary respecting the
production, removal, or sale of oil or gas from
leases on Federal lands within the State; and
(2) each Indian tribe shall, upon request,
have access to all royalty accounting information in the possession of the Secretary respecting the production, removal, or sale of oil
or gas from leases on Indian lands under the
jurisdiction of such tribe.
Information shall be made available under paragraphs (1) and (2) as soon as practicable after it
comes into the possession of the Secretary. Effective October 1, 1983, such information shall be
made available under paragraphs (1) and (2) not
later than 30 days after such information comes
into the possession of the Secretary.
(c) Agreements in accordance with chapter 63 of
title 31; terms and conditions
Any cooperative agreement entered into pursuant to this section shall be in accordance with
the provisions of chapter 63 of title 31, and shall
contain such terms and conditions as the Secretary deems appropriate and consistent with
the purposes of this chapter, including, but not
limited to, a limitation on the use of Federal assistance to those costs which are directly required to carry out the agreed upon activities.

Page 346

(Pub. L. 97–451, title II, § 202, Jan. 12, 1983, 96
Stat. 2457.)
CODIFICATION
In subsec. (c), ‘‘chapter 63 of title 31’’ substituted for
‘‘the Federal Grant and Cooperative Agreement Act of
1977’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982,
96 Stat. 1067, the first section of which Act enacted
Title 31, Money and Finance.
APPLICABILITY
Pub. L. 104–185, § 8(a), Aug. 13, 1996, 110 Stat. 1717, provided that: ‘‘With respect to Federal lands, sections 202
and 307 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1732 and 1755), are no longer
applicable. The applicability of those sections to Indian
leases is not affected.’’

§ 1733. Information
(a) Availability of confidential information by
Secretary pursuant to cooperative agreements; conditions
Trade secrets, proprietary and other confidential information shall be made available by the
Secretary, pursuant to a cooperative agreement,
to a State or Indian tribe upon request only if—
(1) such State or Indian tribe consents in
writing to restrict the dissemination of the information to those who are directly involved
in an audit or investigation under this chapter
and who have a need to know;
(2) such State or tribe accepts liability for
wrongful disclosure;
(3) in the case of a State, such State demonstrates that such information is essential to
the conduct of an audit or investigation or to
litigation under section 1734 of this title; and
(4) in the case of an Indian tribe, such tribe
demonstrates that such information is essential to the conduct of an audit or investigation
and waives sovereign immunity by express
consent for wrongful disclosure by such tribe.
(b) Nonliability of United States for wrongful disclosure
The United States shall not be liable for the
wrongful disclosure by any individual, State, or
Indian tribe of any information provided to such
individual, State, or Indian tribe pursuant to
any cooperative agreement or a delegation, authorized by this chapter.
(c) Law governing disclosure
Whenever any individual, State, or Indian
tribe has obtained possession of information
pursuant to a cooperative agreement authorized
by this section, or any individual or State has
obtained possession of information pursuant to
a delegation under section 1735 of this title, the
individual shall be subject to the same provisions of law with respect to the disclosure of
such information as would apply to an officer or
employee of the United States or of any department or agency thereof and the State or Indian
tribe shall be subject to the same provisions of
law with respect to the disclosure of such information as would apply to the United States or
any department or agency thereof. No State or
State officer or employee who receives trade secrets, proprietary information, or other confidential information under this chapter may be
required to disclose such information under
State law.

Page 347

TITLE 30—MINERAL LANDS AND MINING

(Pub. L. 97–451, title II, § 203, Jan. 12, 1983, 96
Stat. 2458.)
§ 1734. State suits under Federal law
(a) Action for royalty, interest, or civil penalty;
limitations; notice of suit; award of costs and
fees
(1) A State may commence a civil action under
this section against any person to recover any
royalty, interest, or civil penalty which the
State believes is due, based upon credible evidence, with respect to any oil and gas lease on
Federal lands located within the State.
(2)(A) No action may be commenced under
paragraph (1) prior to 90 days after the State has
given notice in writing to the Secretary of the
payment required. Such 90-day limitation may
be waived by the Secretary on a case-by-case
basis.
(B) If, within the 90-day period specified in
subparagraph (A), the Secretary issues a demand
for the payment concerned, no action may be
commenced under paragraph (1) with respect to
such payment during a 45-day period after issuance of such demand. If, during such 45-day period, the Secretary receives payment in full, no
action may be commenced under paragraph (1).
(C) If the Secretary refers the case to the Attorney General of the United States within the
45-day period referred to in subparagraph (B) or
within 10 business days after the expiration of
such 45-day period, no action may be commenced under paragraph (1) if the Attorney General, within 45 days after the date of such referral, commences, and thereafter diligently prosecutes, a civil action in a court of the United
States with respect to the payment concerned.
(3) The State shall notify the Secretary and
the Attorney General of the United States of
any suit filed by the State under this section.
(4) A court in issuing any final order in any action brought under paragraph (1) may award
costs of litigation including reasonable attorney
and expert witness fees, to any party in such action if the court determines such an award is appropriate.
(b) Venue; jurisdiction of district court
An action brought under subsection (a) of this
section may be brought only in a United States
district court for the judicial district in which
the lease site or the leasing activity complained
of is located. Such district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to require compliance or order payment in any such
action.
(c) Recovery of civil penalty by State; deposit of
rent, royalty, or interest recovery in Treasury of the United States
(1) Notwithstanding any other provision of
law, any civil penalty recovered by a State
under subsection (a) of this section shall be retained by the State and may be expended in such
manner and for such purposes as the State
deems appropriate.
(2) Any rent, royalty, or interest recovered by
a State under subsection (a) of this section shall
be deposited in the Treasury of the United
States in the same manner, and subject to the

§ 1735

same requirements, as are applicable in the case
of any rent, royalty, or interest collected by an
officer or employee of the United States, except
that such amounts shall be deposited in the
Treasury not later than 10 days after receipt by
the State.
(Pub. L. 97–451, title II, § 204, Jan. 12, 1983, 96
Stat. 2458.)
§ 1735. Delegation of royalty collections and related activities
(a) Authorization of Secretary
Upon written request of any State, the Secretary is authorized to delegate, in accordance
with the provisions of this section, all or part of
the authorities and responsibilities of the Secretary under this chapter to:
(1) conduct inspections, audits, and investigations;
(2) receive and process production and financial reports;
(3) correct erroneous report data;
(4) perform automated verification; and
(5) issue demands, subpoenas, and orders to
perform restructured accounting, for royalty
management enforcement purposes,
to any State with respect to all Federal land
within the State.
(b) Prerequisites
After notice and opportunity for a hearing, the
Secretary is authorized to delegate such authorities and responsibilities granted under this
section as the State has requested, if the Secretary finds that—
(1) it is likely that the State will provide
adequate resources to achieve the purposes of
this chapter;
(2) the State has demonstrated that it will
effectively and faithfully administer the rules
and regulations of the Secretary under this
chapter in accordance with the requirements
of subsections (c) and (d) of this section;
(3) such delegation will not create an unreasonable burden on any lessee;
(4) the State agrees to adopt standardized reporting procedures prescribed by the Secretary for royalty and production accounting
purposes, unless the State and all affected parties (including the Secretary) otherwise agree;
(5) the State agrees to follow and adhere to
regulations and guidelines issued by the Secretary pursuant to the mineral leasing laws
regarding valuation of production; and
(6) where necessary for a State to have authority to carry out and enforce a delegated
activity, the State agrees to enact such laws
and promulgate such regulations as are consistent with relevant Federal laws and regulations
with respect to the Federal lands within the
State.
(c) Ruling as to consistency of State’s proposal
After notice and opportunity for hearing, the
Secretary shall issue a ruling as to the consistency of a State’s proposal with the provisions of
this section and regulations under subsection (d)
of this section within 90 days after submission of
such proposal. In any unfavorable ruling, the

§ 1735

TITLE 30—MINERAL LANDS AND MINING

Secretary shall set forth the reasons therefor
and state whether the Secretary will agree to
delegate to the State if the State meets the conditions set forth in such ruling.
(d) Promulgation of standards and regulations
with respect to delegation
After consultation with State authorities, the
Secretary shall by rule promulgate, within 12
months after August 13, 1996, standards and regulations pertaining to the authorities and responsibilities to be delegated under subsection
(a) of this section, including standards and regulations pertaining to—
(1) audits to be performed;
(2) records and accounts to be maintained;
(3) reporting procedures to be required by
States under this section;
(4) receipt and processing of production and
financial reports;
(5) correction of erroneous report data;
(6) performance of automated verification;
(7) issuance of standards and guidelines in
order to avoid duplication of effort;
(8) transmission of report data to the Secretary; and
(9) issuance of demands, subpoenas, and orders to perform restructured accounting, for
royalty management enforcement purposes.
Such standards and regulations shall be designed to provide reasonable assurance that a
uniform and effective royalty management system will prevail among the States. The records
and accounts under paragraph (2) shall be sufficient to allow the Secretary to monitor the performance of any State under this section.
(e) Revocation; issuance of demand or order by
Secretary
If, after notice and opportunity for a hearing,
the Secretary finds that any State to which any
authority or responsibility of the Secretary has
been delegated under this section is in violation
of any requirement of this section or any rule
thereunder, or that an affirmative finding by
the Secretary under subsection (b) of this section can no longer be made, the Secretary may
revoke such delegation. If, after providing written notice to a delegated State and a reasonable
opportunity to take corrective action requested
by the Secretary, the Secretary determines that
the State has failed to issue a demand or order
to a Federal lessee within the State, that such
failure may result in an underpayment of an obligation due the United States by such lessee,
and that such underpayment may be uncollected
without Secretarial intervention, the Secretary
may issue such demand or order in accordance
with the provisions of this chapter prior to or
absent the withdrawal of delegated authority.
(f) Compensation to State for costs of delegation;
allocation of costs
Subject to appropriations, the Secretary shall
compensate any State for those costs which may
be necessary to carry out the delegated activities under this Section.1 Payment shall be made
no less than every quarter during the fiscal
year. Compensation to a State may not exceed
1 So

in original. Probably should not be capitalized.

Page 348

the Secretary’s reasonably anticipated expenditure for performance of such delegated activities
by the Secretary. Such costs shall be allocable
for the purposes of section 191(b) of this title to
the administration and enforcement of laws providing for the leasing of any onshore lands or interests in land owned by the United States. Any
further allocation of costs under section 191(b)
of this title made by the Secretary for oil and
gas activities, other than those costs to compensate States for delegated activities under
this chapter, shall be only those costs associated
with onshore oil and gas activities and may not
include any duplication of costs allocated pursuant to the previous sentence. Nothing in this
section affects the Secretary’s authority to
make allocations under section 191(b) of this
title for non-oil and gas mineral activities. All
moneys received from sales, bonuses, rentals,
royalties, assessments and interest, including
money claimed to be due and owing pursuant to
a delegation under this section, shall be payable
and paid to the Treasury of the United States.
(g) Judicial review
Any action of the Secretary to approve or disapprove a proposal submitted by a State under
this section shall be subject to judicial review in
the United States district court which includes
the capital of the State submitting the proposal.
(h) Existing delegation
Any State operating pursuant to a delegation
existing on August 13, 1996, may continue to operate under the terms and conditions of the
delegation, except to the extent that a revision
of the existing agreement is adopted pursuant to
this section.
(Pub. L. 97–451, title II, § 205, Jan. 12, 1983, 96
Stat. 2459; Pub. L. 104–185, § 3(a), Aug. 13, 1996, 110
Stat. 1702.)
CODIFICATION
August 13, 1996, referred to in subsec. (d), was in the
original ‘‘the date of enactment of this section’’, which
was translated as meaning the date of enactment of
Pub. L. 104–185, which amended this section generally,
to reflect the probable intent of Congress.
August 13, 1996, referred to in subsec. (h), was in the
original ‘‘the date of enactment of this Act’’, which was
translated as meaning the date of enactment of Pub. L.
104–185, which amended this section generally, to reflect the probable intent of Congress.
AMENDMENTS
1996—Pub. L. 104–185 amended section generally, substituting present provisions for provisions which stated
in subsec. (a), authorization of Secretary to delegate to
States except permission of Indian tribe required with
respect to Indian lands; subsec. (b), prerequisites; subsec. (c), promulgation of regulations defining joint
functions; subsec. (d), promulgation of standards and
regulations with respect to delegation; subsec. (e), revocation; and subsec. (f), compensation to State for
costs of delegation.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–185 applicable with respect to production of oil and gas after the first day of
the month following Aug. 13, 1996, see section 11 of Pub.
L. 104–185, set out as a note under section 1701 of this
title.
APPLICABILITY OF 1996 AMENDMENT
Amendment by Pub. L. 104–185 not applicable to any
privately owned minerals or with respect to Indian

Page 349

TITLE 30—MINERAL LANDS AND MINING

lands, see sections 9 and 10 of Pub. L. 104–185, set out
as a note under section 1701 of this title.

§ 1736. Shared civil penalties
An amount equal to 50 per centum of any civil
penalty collected by the Federal Government
under this chapter resulting from activities conducted by a State or Indian tribe pursuant to a
cooperative agreement under section 1732 of this
title or a State under a delegation under section
1735 of this title, shall be payable to such State
or tribe. Such amount shall be deducted from
any compensation due such State or Indian tribe
under section 1732 of this title or such State
under section 1735 of this title.
(Pub. L. 97–451, title II, § 206, Jan. 12, 1983, 96
Stat. 2460.)
SUBCHAPTER III—GENERAL PROVISIONS
§ 1751. Secretarial authority
(a) Prescription of rules and regulations
The Secretary shall prescribe such rules and
regulations as he deems reasonably necessary to
carry out this chapter.
(b) Conformity with rulemaking provisions
Rules and regulations issued to implement
this chapter shall be issued in conformity with
section 553 of title 5, notwithstanding section
553(a)(2) of that title.
(c) Contracts with non-Federal Government inspectors, auditors, etc.; coordination of auditing and enforcement functions
In addition to entering into cooperative agreements or delegation of authority authorized
under this chapter, the Secretary may contract
with such non-Federal Government inspectors,
auditors, and other persons as he deems necessary to aid in carrying out his functions under
this chapter and its implementation. With respect to his auditing and enforcement functions
under this chapter, the Secretary shall coordinate such functions so as to avoid to the maximum extent practicable, subjecting lessees, operators, or other persons to audits or investigations of the same subject matter by more than
one auditing or investigating entity at the same
time.
(Pub. L. 97–451, title III, § 301, Jan. 12, 1983, 96
Stat. 2460.)
§ 1752. Reports
The Secretary shall submit to the Congress an
annual report on the implementation of this
chapter. The information to be included in the
report and the format of the report shall be developed by the Secretary after consulting with
the Committees on Natural Resources of the
House of Representatives and on Energy and
Natural Resources of the Senate. The Secretary
shall also report on the progress of the Department in reconciling account balances.

§ 1753

‘‘Commencing with fiscal year 1984, the Inspector General of the Department of the Interior shall conduct a
biennial audit of the Federal royalty management system. The Inspector General shall submit the results of
such audit to the Secretary and to the Congress.’’
1994—Subsec. (a). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committees on’’.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which a report required
under this section is listed on page 111), see section 3003
of Pub. L. 104–66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance.
STUDY OF THE ADEQUACY OF ROYALTY MANAGEMENT
FOR MINERALS ON FEDERAL AND INDIAN LANDS
Section 303 of Pub. L. 97–451 directed Secretary to
study question of adequacy of royalty management for
coal, uranium and other energy and nonenergy minerals on Federal and Indian lands, include proposed legislation if Secretary determined that such legislation
was necessary to ensure prompt and proper collection
of revenues owed to the United States, the States and
Indian tribes or Indian allottees from the sale, lease or
other disposal of such minerals, with study to be submitted to Congress not later than one year from Jan.
12, 1983.

§ 1753. Relation to other laws
(a) Supplemental nature of chapter
The penalties and authorities provided in this
chapter are supplemental to, and not in derogation of, any penalties or authorities contained
in any other provision of law.
(b) Responsibilities of Secretary related to minerals on Federal and Indian lands
Nothing in this chapter shall be construed to
reduce the responsibilities of the Secretary to
ensure prompt and proper collection of revenues
from coal, uranium and other energy and nonenergy minerals on Federal and Indian lands, or
to restrain the Secretary from entering into cooperative agreements or other appropriate arrangements with States and Indian tribes to
share royalty management responsibilities and
activities for such minerals under existing authorities.
(c) Authority and responsibilities of Inspector
General and Comptroller General unaffected
Nothing in this chapter shall be construed to
enlarge, diminish, or otherwise affect the authority or responsibility of the Inspector General of the Department of the Interior or of the
Comptroller General of the United States.
(d) Lands and land interests entrusted to Tennessee Valley Authority unaffected
No provision of this chapter impairs or affects
lands and interests in land entrusted to the Tennessee Valley Authority.

(Pub. L. 97–451, title III, § 302, Jan. 12, 1983, 96
Stat. 2461; Pub. L. 103–437, § 11(a)(2), Nov. 2, 1994,
108 Stat. 4589; Pub. L. 105–362, title IX, § 901(j)(1),
Nov. 10, 1998, 112 Stat. 3290.)

(Pub. L. 97–451, title III, § 304, Jan. 12, 1983, 96
Stat. 2461; Pub. L. 105–362, title IX, § 901(j)(2),
Nov. 10, 1998, 112 Stat. 3290.)

AMENDMENTS

1998—Subsec. (c). Pub. L. 105–362 substituted ‘‘Nothing’’ for ‘‘Except as expressly provided in section
1752(b) of this title, nothing’’.

1998—Pub. L. 105–362 struck out subsec. (a) designation and struck out subsec. (b) which read as follows:

AMENDMENTS

TITLE 30—MINERAL LANDS AND MINING

§ 1754

Page 350

CODIFICATION

§ 1754. Funding
Effective October 1, 1983, there are hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this
chapter, including such sums as may be necessary for the cooperative agreements, contracts, and delegations authorized by this chapter: Provided, That nothing in this chapter shall
be construed to affect or impair any authority
to enter into contracts or make payments under
any other provision of law.
(Pub. L. 97–451, title III, § 306, Jan. 12, 1983, 96
Stat. 2462.)
§ 1755. Statute of limitations

Section was enacted as part of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2006, and not as part of the Federal Oil
and Gas Royalty Management Act of 1982 which comprises this chapter.
SIMILAR PROVISIONS
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat.
3053.
Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1255.
Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 229.
Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 428.
Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 932.

Except in the case of fraud, any action to recover penalties under this chapter shall be
barred unless the action is commenced within 6
years after the date of the act or omission which
is the basis for the action.

§ 1759. Fees and charges

(Pub. L. 97–451, title III, § 307, Jan. 12, 1983, 96
Stat. 2462.)

(Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123
Stat. 711.)

In fiscal year 2009 and each fiscal year thereafter, fees and charges authorized by section 9701
of title 31 may be collected only to the extent
provided in advance in appropriations Acts.

APPLICABILITY
Section no longer applicable with respect to Federal
lands, but applicability of section to Indian leases not
affected, see section 8(a) of Pub. L. 104–185, set out as
a note under section 1732 of this title.

§ 1756. Expanded royalty obligations
Any lessee is liable for royalty payments on
oil or gas lost or wasted from a lease site when
such loss or waste is due to negligence on the
part of the operator of the lease, or due to the
failure to comply with any rule or regulation,
order or citation issued under this chapter or
any mineral leasing law.
(Pub. L. 97–451, title III, § 308, Jan. 12, 1983, 96
Stat. 2462.)
§ 1757. Severability
If any provision of this chapter or the applicability thereof to any person or circumstances is
held invalid, the remainder of this chapter and
the application of such provision to other persons or circumstances shall not be affected
thereby.
(Pub. L. 97–451, title III, § 309, Jan. 12, 1983, 96
Stat. 2462.)
§ 1758. Use of royalty-in-kind revenue by Minerals Management Service
That in fiscal year 2006 and thereafter, the
MMS may under the royalty-in-kind program,
or under its authority to transfer oil to the
Strategic Petroleum Reserve, use a portion of
the revenues from royalty-in-kind sales, without
regard to fiscal year limitation, to pay for
transportation to wholesale market centers or
upstream pooling points, to process or otherwise
dispose of royalty production taken in kind, and
to recover MMS transportation costs, salaries,
and other administrative costs directly related
to the royalty-in-kind program.
(Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 512.)
REFERENCES IN TEXT
MMS, referred to in text, means the Minerals Management Service.

CODIFICATION
Section was enacted as part of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009, and not as part of the Federal
Oil and Gas Royalty Management Act of 1982 which
comprises this chapter. Section is based on a proviso in
the par. under the headings ‘‘MINERALS MANAGEMENT
SERVICE’’ and ‘‘ROYALTY AND OFFSHORE MINERALS MANAGEMENT’’ in title I of div. E of Pub. L. 111–8.

CHAPTER 30—NATIONAL CRITICAL
MATERIALS COUNCIL
Sec.

1801.
1802.
1803.
1804.
1805.
1806.
1807.
1808.
1809.
1810.
1811.

Congressional findings and declaration of purposes.
Establishment of National Critical Materials
Council.
Responsibilities and authorities of Council.
Program and policy for advanced materials
research and technology.
Innovation in basic and advanced materials
industries.
Compensation of members and reimbursement.
Executive Director.
Responsibilities and duties of Director.
General authority of Council.
Authorization of appropriations.
‘‘Materials’’ defined.

§ 1801. Congressional findings and declaration of
purposes
(a) The Congress finds that—
(1) the availability of adequate supplies of
strategic and critical industrial minerals and
materials continues to be essential for national security, economic well-being, and industrial production;
(2) the United States is increasingly dependent on foreign sources of materials and vulnerable to supply interruption in the case of
many of those minerals and materials essential to the Nation’s defense and economic wellbeing;
(3) together with increasing import dependence, the Nation’s industrial base, including
the capacity to process minerals and mate-

Page 351

TITLE 30—MINERAL LANDS AND MINING

rials, is deteriorating—both in terms of facilities and in terms of a trained labor force;
(4) research, development, and technological
innovation, especially related to improved materials and new processing technologies, are
important factors which affect our long-term
capability for economic competitiveness, as
well as for adjustment to interruptions in supply of critical minerals and materials;
(5) while other nations have developed and
implemented specific long-term research and
technology programs to develop high-performance materials, no such policy and program
evolution has occurred in the United States;
(6) establishing critical materials reserves,
by both the public and private sectors and
with proper organization and management,
represents one means of responding to the genuine risks to our economy and national defense from dependency on foreign sources;
(7) there exists no single Federal entity with
the authority and responsibility for establishing critical materials policy and for coordinating and implementing that policy; and
(8) the importance of materials to national
goals requires an organizational means for establishing responsibilities for materials programs and for the coordination, within and at
a suitably high level of the Executive Office of
the President, with other existing policies
within the Federal Government.
(b) It is the purpose of this chapter—
(1) to establish a National Critical Materials
Council under and reporting to the Executive
Office of the President which shall—
(A) establish responsibilities for and provide for necessary coordination of critical
materials policies, including all facets of research and technology, among the various
agencies and departments of the Federal
Government, and make recommendations
for the implementation of such policies;
(B) bring to the attention of the President,
the Congress, and the general public such
materials issues and concerns, including research and development, as are deemed critical to the economic and strategic health of
the Nation; and
(C) ensure adequate and continuing consultation with the private sector concerning
critical materials, materials research and
development, use of materials, Federal materials policies, and related matters;
(2) to establish a national Federal program
for advanced materials research and technology, including basic phenomena through
processing and manufacturing technology; and
(3) to stimulate innovation and technology
utilization in basic as well as advanced materials industries.
(Pub. L. 98–373, title II, § 202, July 31, 1984, 98
Stat. 1249.)
SHORT TITLE
Section 201 of Pub. L. 98–373 provided that: ‘‘This title
[enacting this chapter] may be cited as the ‘National
Critical Materials Act of 1984’.’’

§ 1802. Establishment of National Critical Materials Council
There is hereby established a National Critical
Materials Council (hereinafter referred to as the

§ 1803

‘‘Council’’) under and reporting to the Executive
Office of the President. The Council shall be
composed of three members who shall be appointed by the President and who shall serve at
the pleasure of the President. Members so appointed who are not already Senate-confirmed
officers of the Government shall be appointed by
and with the advice and consent of the Senate.
The President shall designate one of the members to serve as Chairman. Each member shall
be a person who, as a result of training, experience, and achievement, is qualified to carry out
the duties and functions of the Council, with
particular emphasis placed on fields relating to
materials policy or materials science and engineering. In addition, at least one of the members
shall have a background in and understanding of
environmentally related issues.
(Pub. L. 98–373, title II, § 203, July 31, 1984, 98
Stat. 1250.)
§ 1803. Responsibilities and authorities of Council
(a) Primary responsibilities of Council
It shall be the primary responsibility of the
Council—
(1) to assist and advise the President in establishing coherent national materials policies consistent with other Federal policies,
and making recommendations necessary to
implement such policies;
(2) to assist in establishing responsibilities
for, and to coordinate, Federal materials-related policies, programs, and research and
technology activities, as well as recommending to the Office of Management and Budget
budget priorities for materials activities in
each of the Federal departments and agencies;
(3) to review and appraise the various programs and activities of the Federal Government in accordance with the policy and directions given in the National Materials and Minerals Policy, Research and Development Act of
1980 (30 U.S.C. 1601) [30 U.S.C. 1601 et seq.], and
to determine the extent to which such programs and activities are contributing to the
achievement of such policy and directions;
(4) to monitor and evaluate the critical materials needs of basic and advanced technology
industries and the Government, including the
critical materials research and development
needs of the private and public sectors;
(5) to advise the President of mineral and
material 1 trends, both domestic and foreign,
the implications thereof for the United States
and world economies and the national security, and the probable effects of such trends on
domestic industries;
(6) to assess through consultation with the
materials academic community the adequacy
and quality of materials-related educational
institutions and the supply of materials scientists and engineers;
(7) to make or furnish such studies, analyses,
reports, and recommendations with respect to
matters of materials-related policy and legislation as the President may request;
(8)(A) to prepare a report providing a domestic inventory of critical materials with projec1 So

in original. Probably should be ‘‘materials’’.

§ 1803

TITLE 30—MINERAL LANDS AND MINING

tions on the prospective needs of Government
and industry for these materials, including a
long-range assessment, prepared in conjunction with the Office of Science and Technology
Policy in accordance with the National Materials and Minerals Policy, Research and Development Act of 1980, and in conjunction with
such other Government departments or agencies as may be considered necessary, of the
prospective major critical materials problems
which the United States is likely to confront
in the immediate years ahead and providing
advice as to how these problems may best be
addressed, with the first such report being due
on April 1, 1985, and (B) review and update
such report and assessment as appropriate and
report thereon to the Congress at least biennially; and
(9) to recommend to the Congress such
changes in current policies, activities, and
regulations of the Federal Government, and
such legislation, as may be considered necessary to carry out the intent of this chapter
and the National Materials and Minerals Policy, Research and Development Act of 1980.
(b) Specific authorities of Council
In carrying out its responsibilities under this
section the Council shall have the authority—
(1) to establish such special advisory panels
as it considers necessary, with each such panel
consisting of representatives of industry, academia, and other members of the private sector, not to exceed ten members, and being limited in scope of subject and duration; and
(2) to establish and convene such Federal
interagency committees as it considers necessary in carrying out the intent of this chapter.
(c) Collaboration and cooperation of Council and
Federal agencies with responsibilities related to materials
In seeking to achieve the goals of this chapter
and related Acts, the Council and other Federal
departments and agencies with responsibilities
or jurisdiction related to materials or materials
policy, including the National Security Council,
the Council on Environmental Quality, the Office of Management and Budget, and the Office
of Science and Technology Policy, shall work
collaboratively and in close cooperation.
(Pub. L. 98–373, title II, § 204, July 31, 1984, 98
Stat. 1250.)
REFERENCES IN TEXT
The National Materials and Minerals Policy, Research and Development Act of 1980, referred to in subsec. (a)(3), (8), and (9), is Pub. L. 96–479, Oct. 21, 1980, 94
Stat. 2305, which is classified generally to chapter 28
(§ 1601 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1601 of this title and Tables.
REVIEW OF RESEARCH AND DEVELOPMENT PRIORITIES IN
SUPERCONDUCTORS
Pub. L. 100–418, title V, § 5143, Aug. 23, 1988, 102 Stat.
1446, provided that:
‘‘(a) NATIONAL COMMISSION ON SUPERCONDUCTIVITY.—
The President shall appoint a National Commission on
Superconductivity to review all major policy issues regarding United States applications of recent research
advances in superconductors in order to assist the Con-

Page 352

gress in devising a national strategy, including research and development priorities, the development of
which will assure United States leadership in the development and application of superconducting technologies.
‘‘(b) MEMBERSHIP.—The membership of the National
Commission on Superconductivity shall include representatives of—
‘‘(1) the National Critical Materials Council, the
National Academy of Sciences, the National Academy of Engineering, the National Science Foundation, the National Aeronautics and Space Administration, the Department of Energy, the Department
of Justice, the Department of Commerce (including
the National Institute of Standards and Technology),
the Department of Transportation, the Department
of the Treasury, and the Department of Defense;
‘‘(2) organizations whose membership is comprised
of physicists, engineers, chemical scientists, or material scientists; and
‘‘(3) industries, universities, and national laboratories engaged in superconductivity research.
‘‘(c) CHAIRMAN.—A representative of the private sector shall be designated as chairman of the Commission.
‘‘(d) COORDINATION.—The National Critical Materials
Council shall be the coordinating body of the National
Commission on Superconductivity and shall provide
staff support for the Commission.
‘‘(e) REPORT.—Within 6 months after the date of the
enactment of this Act [Aug. 23, 1988], the National
Commission on Superconductivity shall submit a report to the President and the Congress with recommendations regarding methods of enhancing the research, development, and implementation of improved
superconductor technologies in all major applications.
‘‘(f) SCOPE OF REVIEW.—In preparing the report required by subsection (e), the Commission shall consider
addressing, but need not limit, its review to—
‘‘(1) the state of United States competitiveness in
the development of improved superconductors;
‘‘(2) methods to improve and coordinate the collection and dissemination of research data relating to
superconductivity;
‘‘(3) methods to improve and coordinate funding of
research and development of improved superconductors;
‘‘(4) methods to improve and coordinate the development of viable commercial and military applications of improved superconductors;
‘‘(5) foreign government activities designed to promote research, development, and commercial application of improved superconductors;
‘‘(6) the need to provide increased Federal funding
of research and development of improved superconductors;
‘‘(7) the impact on the United States national security if the United States must rely on foreign producers of superconductors;
‘‘(8) the benefit, if any, of granting private companies partial exemptions from United States antitrust
laws to allow them to coordinate research, development, and products containing improved superconductors;
‘‘(9) options for providing income tax incentives for
encouraging research, development, and production
in the United States of products containing improved
superconductors; and
‘‘(10) methods to strengthen domestic patent and
trademark laws to ensure that qualified superconductivity discoveries receive the fullest protection from
infringement.
‘‘(g) SUNSET.—The Commission shall disband within a
year of its establishment. Thereafter the National Critical Materials Council may review and update the report required by subsection (e) and make further recommendations as it deems appropriate.’’

Page 353

TITLE 30—MINERAL LANDS AND MINING

§ 1806

§ 1804. Program and policy for advanced materials research and technology

the Code, see Short Title note set out under section
1601 of this title and Tables.

(a) Functions of Council
In addition to the responsibilities described in
section 1803 of this title, the Council shall be responsible for coordination with appropriate
agencies and departments of the Federal Government relative to Federal materials research
and development policies and programs. Such
policies and programs shall be consistent with
the policies and goals described in the National
Materials and Minerals Policy, Research and Development Act of 1980 [30 U.S.C. 1601 et seq.]. In
carrying out this responsibility the Council
shall—
(1)(A) establish a national Federal program
plan for advanced materials research and development, recommend the designation of the
key responsibilities for carrying out such research, and to provide 1 for coordination of
this plan with the Office of Science and Technology Policy, the Office of Management and
Budget, and such other Federal offices and
agencies as may be deemed appropriate, and
(B) annually review such plan and report
thereon to the Congress;
(2) review annually the materials research,
development, and technology authorization requests and budgets of all Federal agencies and
departments; and in this activity the Council
shall make recommendations, in cooperation
with the Office of Science and Technology Policy, the Office of Management and Budget, and
all other Federal offices and agencies deemed
appropriate, to ensure close coordination of
the goals and directions of such programs with
the policies determined by the Council; and
(3) assist the Office of Science and Technology Policy in the preparation of such longrange materials assessments and reports as
may be required by the National Materials and
Minerals Policy, Research and Development
Act of 1980, and assist other Federal entities in
the preparation of analyses and reporting relating to critical and advanced materials.
(b) Review by Office of Management and Budget
The Office of Management and Budget, in reviewing the materials research, development,
and technology authorization requests of the
various Federal departments and agencies for
any fiscal year, and the recommendations of the
Council, shall consider all of such requests and
recommendations as an integrated, coherent,
multiagency request which shall be reviewed by
the Office of Management and Budget for its adherence to the national Federal materials program plan in effect for such fiscal year under
subsection (a) of this section.

NATIONAL FEDERAL PROGRAM PLAN FOR ADVANCED
MATERIALS RESEARCH AND DEVELOPMENT

(Pub. L. 98–373, title II, § 205, July 31, 1984, 98
Stat. 1251.)
REFERENCES IN TEXT
The National Materials and Minerals Policy, Research and Development Act of 1980, referred to in subsec. (a), is Pub. L. 96–479, Oct. 21, 1980, 94 Stat. 2305,
which is classified generally to chapter 28 (§ 1601 et seq.)
of this title. For complete classification of this Act to
1 So

in original. Probably should be ‘‘and provide’’.

Pub. L. 100–418, title V, § 5181, Aug. 23, 1988, 102 Stat.
1454, directed National Critical Materials Council to
prepare the national Federal program plan for advanced materials research and development under 30
U.S.C. 1804(a)(1)(A) and to submit such plan to Congress
not later than 180 days after Aug. 23, 1988.

§ 1805. Innovation in basic and advanced materials industries
(a) Centers for Industrial Technology; recommendations for establishment; activities
(1) In order to promote the use of more costeffective, advanced technology and other means
of providing for innovation and increased productivity within the basic and advanced materials industries, the Council shall evaluate and
make recommendations regarding the establishment of Centers for Industrial Technology as
provided in Public Law 96–480 (15 U.S.C. 3705).
(2) The activities of such Centers shall focus
on, but not be limited to, the following generic
materials areas: corrosion; welding and joining
of materials; advanced processing and fabrication technologies; microfabrication; and fracture and fatigue.
(b) Mechanism for dissemination of data; establishment; computerization
In order to promote better use and innovation
of materials in design for improved safety or efficiency, the Council shall establish in cooperation with the appropriate Federal agencies and
private industry, an effective mechanism for disseminating materials property data in an efficient and timely manner. In carrying out this
responsibility, the Council shall consider, where
appropriate, the establishment of a computerized system taking into account, to the maximum extent practicable, existing available resources.
(Pub. L. 98–373, title II, § 206, July 31, 1984, 98
Stat. 1252.)
REFERENCES IN TEXT
Public Law 96–480, referred to in subsec. (a)(1), is Pub.
L. 96–480, Oct. 21, 1980, 94 Stat. 2311, known as the Stevenson-Wydler Technology Innovation Act of 1980,
which is classified generally to chapter 63 (§ 3701 et seq.)
of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note
set out under section 3701 of Title 15 and Tables.

§ 1806. Compensation of members and reimbursement
(a) Basic pay for levels II and III of Executive
Schedule
The Chairman of the Council, if not otherwise
a paid officer or employee of the Federal Government, shall be paid at the rate not to exceed
the rate of basic pay provided for level II of the
Executive Schedule. The other members of the
Council, if not otherwise paid officers or employees of the Federal Government, shall be paid
at a per diem rate comparable to the rate not to
exceed the rate of basic pay provided for level III
of the Executive Schedule.

TITLE 30—MINERAL LANDS AND MINING

§ 1807

(b) Reimbursement of travel expenses for attendance at meetings
Subject to existing law and regulations governing conflicts of interest, the Council may accept reimbursement from any private nonprofit
organization or from any department, agency,
or instrumentality of the Federal Government,
or from any State or local government, for reasonable travel expenses incurred by any member
or employee of the Council in connection with
such member’s or employee’s attendance at any
conference, seminar, or similar meeting.
(Pub. L. 98–373, title II, § 207, July 31, 1984, 98
Stat. 1252.)
REFERENCES IN TEXT
Levels II and III of the Executive Schedule, referred
to in subsec. (a), are set out in sections 5313 and 5314,
respectively, of Title 5, Government Organization and
Employees.

§ 1807. Executive Director
(a) Function, appointment, and compensation
There shall be an Executive Director (hereinafter referred to as the ‘‘Director’’), who shall be
chief administrator of the Council. The Director
shall be appointed by the Council full time and
shall be paid at the rate not to exceed the rate
of basic pay provided for level III of the Executive Schedule.
(b) Personnel and services of experts and consultants; rules and regulations
The Director is authorized—
(1) to employ such personnel as may be necessary for the Council to carry out its duties
and functions under this chapter, but not to
exceed twelve compensated employees;
(2) to obtain the services of experts and consultants in accordance with the provisions of
section 3109 of title 5; and
(3) to develop, subject to approval by the
Council, rules and regulations necessary to
carry out the purposes of this chapter.
(c) Consultation with other groups; utilization of
public and private services, facilities, and information
In exercising his responsibilities and duties
under this chapter, the Director—
(1) may consult with representatives of academia, industry, labor, State and local governments, and other groups; and
(2) shall utilize to the fullest extent possible
the services, facilities, and information (including statistical information) of public and
private agencies, organizations, and individuals.
(d) Utilization of voluntary and uncompensated
labor and services
Notwithstanding section 1342 of title 31, the
Council may utilize voluntary and uncompensated labor and services in carrying out its duties and functions.
(Pub. L. 98–373, title II, § 208, July 31, 1984, 98
Stat. 1253.)
REFERENCES IN TEXT
Level III of the Executive Schedule, referred to in
subsec. (a), is set out in section 5314 of Title 5, Government Organization and Employees.

Page 354

CODIFICATION
In subsec. (d), ‘‘section 1342 of title 31’’ substituted
for ‘‘section 367(b) of the Revised Statutes (31 U.S.C.
665(b))’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
PERSONNEL MATTERS
Pub. L. 100–418, title V, § 5182, Aug. 23, 1988, 102 Stat.
1454, provided that:
‘‘(a) REQUIREMENT TO INCREASE STAFF.—Not later
than 30 days after the date of the enactment of this Act
[Aug. 23, 1988], the Executive Director of the National
Critical Materials Council shall increase the number of
employees of the Council by the equivalent of 5 fulltime employees over the number of employees of the
Council on the date of the enactment of this Act.
‘‘(b) QUALIFICATIONS OF STAFF.—Not less than the
equivalent of 4 full-time employees appointed pursuant
to subsection (a) shall be permanent professional employees who have expertise in technical fields that are
relevant to the responsibilities of the National Critical
Materials Council, such as materials science and engineering, environmental matters, minerals and natural
resources, ceramic or composite engineering, metallurgy, and geology.’’

§ 1808. Responsibilities and duties of Director
In carrying out his functions the Director
shall assist and advise the Council on policies
and programs of the Federal Government affecting critical and advanced materials by—
(1) providing the professional and administrative staff and support for the Council;
(2) assisting the Federal agencies and departments in appraising the effectiveness of
existing and proposed facilities, programs,
policies, and activities of the Federal Government, including research and development,
which affect critical materials availability
and needs;
(3) cataloging, as fully as possible, research
and development activities of the Government, private industry, and public and private
institutions; and
(4) initiating Government and private studies and analyses, including those to be conducted by or under the auspices of the Council,
designed to advance knowledge of critical or
advanced materials issues and develop alternative proposals, including research and development, to resolve national critical materials
problems.
(Pub. L. 98–373, title II, § 209, July 31, 1984, 98
Stat. 1253.)
§ 1809. General authority of Council
The Council is authorized—
(1) to establish such internal rules and regulations as may be necessary for its operation;
(2) to enter into contracts and acquire materials and supplies necessary for its operation
to such extent or in such amounts as are provided for in appropriation Acts;
(3) to publish, consistent with title 44, or arrange to publish critical materials information that it deems to be useful to the public
and private industry to the extent that such
publication is consistent with the national defense and economic interest;
(4) to utilize such services or personnel as
may be provided to the Council on a nonreim-

Page 355

TITLE 30—MINERAL LANDS AND MINING

bursable basis by any agency of the United
States; and
(5) to exercise such authorities as may be
necessary and incidental to carrying out its
responsibilities and duties under this chapter.
(Pub. L. 98–373, title II, § 210, July 31, 1984, 98
Stat. 1253; Pub. L. 100–418, title V, § 5183, Aug. 23,
1988, 102 Stat. 1454.)
AMENDMENTS
1988—Par. (4). Pub. L. 100–418 substituted ‘‘nonreimbursable’’ for ‘‘reimbursable’’.

§ 1810. Authorization of appropriations
There are hereby authorized to be appropriated to carry out the provisions of this chapter a sum not to exceed $500,000 for the fiscal
year ending September 30, 1985, and such sums
as may be necessary thereafter: Provided, That
the authority provided for in this chapter shall
expire on September 30, 1992, unless otherwise
authorized by Congress.
(Pub. L. 98–373, title II, § 211, July 31, 1984, 98
Stat. 1254; Pub. L. 100–418, title V, § 5184, Aug. 23,
1988, 102 Stat. 1454.)
AMENDMENTS
1988—Pub. L. 100–418 substituted ‘‘1992’’ for ‘‘1990’’.

§ 1811. ‘‘Materials’’ defined
As used in this chapter, the term ‘‘materials’’
has the meaning given it by section 1601(b) of
this title.
(Pub. L. 98–373, title II, § 212, July 31, 1984, 98
Stat. 1254.)
CHAPTER 31—MARINE MINERAL
RESOURCES RESEARCH
Sec.

1901.
1902.
1903.
1904.
1905.

Definitions.
Research program.
Grants, contracts, and cooperative agreements.
Marine mineral research centers.
Authorization of appropriations.

§ 1901. Definitions
In this chapter:
(1) The term ‘‘contract’’ has the same meaning as ‘‘procurement contract’’ in section 6303
of title 31.
(2) The term ‘‘cooperative agreement’’ has
the same meaning as in section 6305 of title 31.
(3) The term ‘‘eligible entity’’ means—
(A) a research or educational entity chartered or incorporated under Federal or State
law;
(B) an individual who is a United States
citizen; or
(C) a State or regional agency.
(4) The term ‘‘grant’’ has the same meaning
as ‘‘grant agreement’’ in section 6304 of title
31.
(5) The term ‘‘in-kind contribution’’ means a
noncash contribution provided by a non-Federal entity that directly benefits and is related to a specific project or program. An in-kind
contribution may include real property, equipment, supplies, other expendable property,
goods, and services.

§ 1902

(6) The term ‘‘marine mineral resource’’
means—
(A) sand and aggregates;
(B) placers;
(C) phosphates;
(D) manganese nodules;
(E) cobalt crusts;
(F) metal sulfides;
(G) for purposes of this section and sections 1902 through 1905 of this title only,
methane hydrate; and
(H) other marine resources that are not—
(i) oil and gas;
(ii) fisheries; or
(iii) marine mammals.
(7) The term ‘‘methane hydrate’’ means—
(A) a methane clathrate that is in the form
of a methane-water ice-like crystalline material and is stable and occurs naturally in
deep-ocean and permafrost areas; and
(B) other natural gas hydrates found in association with deep-ocean and permafrost
deposits of methane hydrate.
(8) The term ‘‘Secretary’’ means the Secretary of the Interior.
(Pub. L. 91–631, title II, § 201, as added Pub. L.
104–325, § 2(3), Oct. 19, 1996, 110 Stat. 3994; amended Pub. L. 106–193, § 4, May 2, 2000, 114 Stat. 236.)
AMENDMENTS
2000—Par. (6)(G), (H). Pub. L. 106–193, § 4(1), added subpar. (G) and redesignated former subpar. (G) as (H).
Pars. (7), (8). Pub. L. 106–193, § 4(2), (3), added par. (7)
and redesignated former par. (7) as (8).
SHORT TITLE
Section 1 of Pub. L. 104–325 provided that: ‘‘This Act
[enacting this chapter] may be cited as the ‘Marine
Mineral Resources Research Act of 1996’.’’

§ 1902. Research program
(a) In general
The Secretary shall establish and carry out a
program of research on marine mineral resources.
(b) Program goal
The goal of the program shall be to—
(1) promote research, identification, assessment, and exploration of marine mineral resources in an environmentally responsible
manner;
(2) assist in developing domestic technologies required for efficient and environmentally sound development of marine mineral resources;
(3) coordinate and promote the use of technologies developed with Federal assistance,
and the use of available Federal assets, for research, identification, assessment, exploration, and development of marine mineral resources; and
(4) encourage academia and industry to conduct basic and applied research, on a joint
basis, through grants, cooperative agreements,
or contracts with the Federal Government.
(c) Responsibilities of Secretary
In carrying out the program, the Secretary
shall—

§ 1903

TITLE 30—MINERAL LANDS AND MINING

(1) promote and coordinate partnerships between industry, government, and academia to
research, identify, assess, and explore marine
mineral resources in an environmentally
sound manner;
(2) undertake programs to develop the basic
information necessary to the long-term national interest in marine mineral resources
(including seabed mapping) and to ensure that
data and information are accessible and widely disseminated as needed and appropriate;
(3) identify, and promote cooperation among
agency programs that are developing, technologies developed by other Federal programs
that may hold promise for facilitating undersea applications related to marine mineral resources, including technologies related to vessels and other platforms, underwater vehicles,
survey and mapping systems, remote power
sources, data collection and transmission systems, and various seabed research systems;
and
(4) foster communication and coordination
between Federal and State agencies, universities, and private entities concerning marine
mineral research on seabeds of the continental
shelf, ocean basins, and arctic and cold water
areas.
In carrying out these responsibilities, the Secretary shall ensure the participation of non-Federal users of technologies and data related to
marine mineral resources in planning and priority setting.
(Pub. L. 91–631, title II, § 202, as added Pub. L.
104–325, § 2(3), Oct. 19, 1996, 110 Stat. 3995.)
METHANE HYDRATE RESEARCH AND DEVELOPMENT
Pub. L. 106–193, May 2, 2000, 114 Stat. 234, known as
the Methane Hydrate Research and Development Act of
2000, which was set out as a note under this section,
was amended and transferred to chapter 32 (§ 2001 et
seq.) of this title by Pub. L. 109–58, title IX, § 968, Aug.
8, 2005, 119 Stat. 894.

§ 1903. Grants, contracts, and cooperative agreements
(a) Assistance and coordination
(1) In general
The Secretary shall award grants or contracts to, or enter into cooperative agreements with, eligible entities to support research for the development or utilization of—
(A) methods, equipment, systems, and
components necessary for the identification,
assessment, and exploration of marine mineral resources in an environmentally responsible manner;
(B) methods of detecting, monitoring, and
predicting the presence of adverse environmental effects in the marine environment
and remediating the environmental effects
of marine mineral resource exploration, development, and production; and
(C) education and training material in marine mineral research and resource management.
(2) Cost-sharing for contracts or cooperative
agreements
(A) Federal share
Except as provided in subparagraph (B)(ii),
the Federal share of the cost of a contract or

Page 356

cooperative agreement carried out under
this subsection shall not be greater than 80
percent of the total cost of the project.
(B) Non-Federal share
The remaining non-Federal share of the
cost of a project carried out under this section may be—
(i) in the form of cash or in-kind contributions, or both; and
(ii) comprised of funds made available
under other Federal programs, except that
non-Federal funds shall be used to defray
at least 10 percent of the total cost of the
project.
(C) Consultation
Not later than 180 days after October 19,
1996, the Secretary shall establish, after consultation with other Federal agencies, terms
and conditions under which Federal funding
will be provided under this subsection that
are consistent with the Agreement on Subsidies and Countervailing Measures referred
to in section 3511(d)(12) of title 19.
(b) Competitive review
(1) In general
An entity shall not be eligible to receive a
grant or contract, or participate in a cooperative agreement, under subsection (a) of this
section unless—
(A) the entity submits a proposal to the
Secretary at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require; and
(B) the proposal has been evaluated by a
competitive review panel under paragraph
(3).
(2) Competitive review panels
(A) Composition
A competitive review panel shall be
chaired by the Secretary or by the Secretary’s designee and shall be composed of
members who meet the following criteria:
(i) Appointment
The members shall be appointed by the
Secretary.
(ii) Experience
Not less than 50 percent of the members
shall represent or be employed by private
marine resource companies that are involved in exploration of the marine environment or development of marine mineral resources.
(iii) Interest
None of the members may have an interest in a grant, contract, or cooperative
agreement being evaluated by the panel.
(B) No compensation
A review panel member who is not otherwise a Federal employee shall receive no
compensation for performing duties under
this section, except that, while engaged in
the performance of duties away from the
home or regular place of business of the
member, the member may be allowed travel
expenses, including per diem in lieu of sub-

Page 357

TITLE 30—MINERAL LANDS AND MINING

sistence, in the same manner as a person
employed intermittently in the Government
service under section 5703 of title 5.
(3) Evaluation
A competitive review panel shall base an
evaluation of a proposal on criteria developed
by the Secretary that shall include—
(A) the merits of the proposal;
(B) the research methodology and costs of
the proposal;
(C) the capability of the entity submitting
the proposal and any other participating entity to perform the proposed work and provide in-kind contributions;
(D) the amount of matching funds provided
by the entity submitting the proposal or
provided by other Federal, State, or private
entities;
(E) the extent of collaboration with other
Federal, State, or private entities;
(F) in the case of a noncommercial entity,
the existence of a cooperative agreement
with a commercial entity that provides for
collaboration in the proposed research;
(G) whether the proposal promotes responsible environmental stewardship; and
(H) such other factors as the Secretary
considers appropriate.
(c) Limitations
(1) Administrative expenses
Not more than 10 percent of the amount
made available to carry out this section during a fiscal year may be used by the Secretary
for expenses associated with administration of
the program authorized by this section.
(2) Construction costs
None of the funds made available under this
section may be used for the construction of a
new building or the acquisition, expansion, remodeling, or alteration of an existing building
(including site grading and improvement and
architect fees).
(d) Reports
An eligible entity that receives a grant or contract or enters into a cooperative agreement
under this section shall submit an annual
progress report and a final technical report to
the Secretary that—
(1) describes project activities, implications
of the project, the significance of the project
to marine mineral research, identification, assessment, and exploration, and potential commercial and economic benefits and effects of
the project; and
(2) in the case of an annual progress report,
includes a project plan for the subsequent
year.
(Pub. L. 91–631, title II, § 203, as added Pub. L.
104–325, § 2(3), Oct. 19, 1996, 110 Stat. 3995.)
CODIFICATION
October 19, 1996, referred to in subsec. (a)(2)(C), was in
the original ‘‘the date of enactment of this Act’’, which
was translated as meaning the date of enactment of
Pub. L. 104–135, which enacted this chapter, to reflect
the probable intent of Congress.

§ 1904

§ 1904. Marine mineral research centers
(a) In general
No later than 90 days after October 19, 1996,
the Secretary shall designate 3 centers for marine mineral research and related activities.
(b) Concentration
One center shall concentrate primarily on research in the continental shelf regions of the
United States, 1 center shall concentrate primarily on research in deep seabed and nearshore environments of islands, and 1 center shall
concentrate primarily on research in arctic and
cold water regions.
(c) Criteria
In designating a center under this section, the
Secretary shall give priority to a university
that—
(1) administers a federally funded center for
marine minerals research;
(2) matriculates students for advanced degrees in marine geological sciences, nonenergy
natural resources, and related fields of science
and engineering;
(3) is a United States university with established programs and facilities that primarily
focus on marine mineral resources;
(4) has engaged in collaboration and cooperation with industry, governmental agencies,
and other universities in the field of marine
mineral resources;
(5) has demonstrated significant engineering, development, and design experience in
two or more of the following areas; 1
(A) seabed exploration systems;
(B) marine mining systems; and
(C) marine mineral processing systems;
and
(6) has been designated by the Secretary as
a State Mining and Mineral Resources Research Institute.
(d) Center activities
A center shall—
(1) provide technical assistance to the Secretary concerning marine mineral resources;
(2) advise the Secretary on pertinent international activities in marine mineral resources development;
(3) engage in research, training, and education transfer associated with the characterization and utilization of marine mineral resources; and
(4) promote the efficient identification, assessment, exploration, and management of
marine mineral resources in an environmentally sound manner.
(e) Allocation of funds
In distributing funds to the centers designated
under subsection (a) of this section, the Secretary shall, to the extent practicable, allocate
an equal amount to each center.
(f) Limitations
(1) Administrative expenses
Not more than 5 percent of the amount made
available to carry out this section during a fis1 So

in original. The semicolon probably should be a colon.

TITLE 30—MINERAL LANDS AND MINING

§ 1905

cal year may be used by the Secretary for expenses associated with administration of the
program authorized by this section.
(2) Construction costs
None of the funds made available under this
section may be used for the construction of a
new building or the acquisition, expansion, remodeling, or alteration of an existing building
(including site grading and improvement and
architect fees).
(Pub. L. 91–631, title II, § 204, as added Pub. L.
104–325, § 2(3), Oct. 19, 1996, 110 Stat. 3998.)
§ 1905. Authorization of appropriations
There is authorized to be appropriated such
sums as are necessary to carry out this chapter.
(Pub. L. 91–631, title II, § 205, as added Pub. L.
104–325, § 2(3), Oct. 19, 1996, 110 Stat. 3999.)
CHAPTER 32—METHANE HYDRATE
RESEARCH AND DEVELOPMENT
Sec.

2001.
2002.
2003.
2004.
2005.
2006.

Findings.
Definitions.
Methane hydrate research and development
program.
National Research Council study.
Reports and studies for Congress.
Authorization of appropriations.
CODIFICATION

This chapter is comprised of Pub. L. 106–193, as
amended generally by Pub. L. 109–58, title IX, § 968(a),
Aug. 8, 2005, 119 Stat. 894, known as the Methane Hydrate Research and Development Act of 2000, which was
formerly set out as a note under section 1902 of this
title.

§ 2001. Findings
Congress finds that—
(1) in order to promote energy independence
and meet the increasing demand for energy,
the United States will require a diversified
portfolio of substantially increased quantities
of electricity, natural gas, and transportation
fuels;
(2) according to the report submitted to Congress by the National Research Council entitled ‘‘Charting the Future of Methane Hydrate
Research in the United States’’, the total
United States resources of gas hydrates have
been estimated to be on the order of 200,000
trillion cubic feet;
(3) according to the report of the National
Commission on Energy Policy entitled ‘‘Ending the Energy Stalemate—A Bipartisan
Strategy to Meet America’s Energy Challenge’’, and dated December 2004, the United
States may be endowed with over one-fourth
of the methane hydrate deposits in the world;
(4) according to the Energy Information Administration, a shortfall in natural gas supply
from conventional and unconventional sources
is expected to occur in or about 2020; and
(5) the National Academy of Sciences states
that methane hydrate may have the potential
to alleviate the projected shortfall in the natural gas supply.
(Pub. L. 106–193, § 2, as added Pub. L. 109–58, title
IX, § 968(a), Aug. 8, 2005, 119 Stat. 894.)

Page 358

PRIOR PROVISIONS
A prior section 2 of Pub. L. 106–193 was set out in a
note under section 1902 of this title prior to the general
amendment of Pub. L. 106–193 by Pub. L. 109–58.
SHORT TITLE
Pub. L. 106–193, § 1, as added by Pub. L. 109–58, title
IX, § 968(a), Aug. 8, 2005, 119 Stat. 894, provided that:
‘‘This Act [enacting this chapter] may be cited as the
‘Methane Hydrate Research and Development Act of
2000’.’’
RECLASSIFICATION
Pub. L. 109–58, title IX, § 968(b), Aug. 8, 2005, 119 Stat.
898, provided that: ‘‘The Law Revision Counsel shall reclassify the Methane Hydrate Research and Development Act of 2000 (30 U.S.C. 1902 note; Public Law
106–193) to a new chapter at the end of title 30, United
States Code.’’

§ 2002. Definitions
In this chapter:
(1) Contract
The term ‘‘contract’’ means a procurement
contract within the meaning of section 6303 of
title 31.
(2) Cooperative agreement
The term ‘‘cooperative agreement’’ means a
cooperative agreement within the meaning of
section 6305 of title 31.
(3) Director
The term ‘‘Director’’ means the Director of
the National Science Foundation.
(4) Grant
The term ‘‘grant’’ means a grant awarded
under a grant agreement (within the meaning
of section 6304 of title 31).
(5) Industrial enterprise
The term ‘‘industrial enterprise’’ means a
private, nongovernmental enterprise that has
an expertise or capability that relates to
methane hydrate research and development.
(6) Institution of higher education
The term ‘‘institution of higher education’’
means an institution of higher education (as
defined in section 1002 of title 20).
(7) Secretary
The term ‘‘Secretary’’ means the Secretary
of Energy, acting through the Assistant Secretary for Fossil Energy.
(8) Secretary of Commerce
The term ‘‘Secretary of Commerce’’ means
the Secretary of Commerce, acting through
the Administrator of the National Oceanic and
Atmospheric Administration.
(9) Secretary of Defense
The term ‘‘Secretary of Defense’’ means the
Secretary of Defense, acting through the Secretary of the Navy.
(10) Secretary of the Interior
The term ‘‘Secretary of the Interior’’ means
the Secretary of the Interior, acting through
the Director of the United States Geological
Survey, the Director of the Bureau of Land
Management, and the Director of the Minerals
Management Service.

Page 359

TITLE 30—MINERAL LANDS AND MINING

(Pub. L. 106–193, § 3, as added Pub. L. 109–58, title
IX, § 968(a), Aug. 8, 2005, 119 Stat. 895.)
PRIOR PROVISIONS
A prior section 3 of Pub. L. 106–193 was set out in a
note under section 1902 of this title prior to the general
amendment of Pub. L. 106–193 by Pub. L. 109–58.

§ 2003. Methane hydrate research and development program
(a) In general
(1) Commencement of program
Not later than 90 days after August 8, 2005,
the Secretary, in consultation with the Secretary of Commerce, the Secretary of Defense,
the Secretary of the Interior, and the Director, shall commence a program of methane hydrate research and development in accordance
with this section.
(2) Designations
The Secretary, the Secretary of Commerce,
the Secretary of Defense, the Secretary of the
Interior, and the Director shall designate individuals to carry out this section.
(3) Coordination
The individual designated by the Secretary
shall coordinate all activities within the Department of Energy relating to methane hydrate research and development.
(4) Meetings
The individuals designated under paragraph
(2) shall meet not later than 180 days after August 8, 2005, and not less frequently than every
180 days thereafter to—
(A) review the progress of the program
under paragraph (1); and
(B) coordinate interagency research and
partnership efforts in carrying out the program.
(b) Grants, contracts, cooperative agreements,
interagency funds transfer agreements, and
field work proposals
(1) Assistance and coordination
In carrying out the program of methane hydrate research and development authorized by
this section, the Secretary may award grants
to, or enter into contracts or cooperative
agreements with, institutions of higher education, oceanographic institutions, and industrial enterprises to—
(A) conduct basic and applied research to
identify, explore, assess, and develop methane hydrate as a commercially viable source
of energy;
(B) identify methane hydrate resources
through remote sensing;
(C) acquire and reprocess seismic data
suitable for characterizing methane hydrate
accumulations;
(D) assist in developing technologies required for efficient and environmentally
sound development of methane hydrate resources;
(E) promote education and training in
methane hydrate resource research and resource development through fellowships or
other means for graduate education and
training;

§ 2003

(F) conduct basic and applied research to
assess and mitigate the environmental impact of hydrate degassing (including both
natural degassing and degassing associated
with commercial development);
(G) develop technologies to reduce the
risks of drilling through methane hydrates;
and
(H) conduct exploratory drilling, well testing, and production testing operations on
permafrost and non-permafrost gas hydrates
in support of the activities authorized by
this paragraph, including drilling of one or
more full-scale production test wells.
(2) Competitive peer review
Funds made available under paragraph (1)
shall be made available based on a competitive
process using external scientific peer review of
proposed research.
(c) Methane hydrates advisory panel
(1) In general
The Secretary shall establish an advisory
panel (including the hiring of appropriate
staff) consisting of representatives of industrial enterprises, institutions of higher education, oceanographic institutions, State
agencies, and environmental organizations
with knowledge and expertise in the natural
gas hydrates field, to—
(A) assist in developing recommendations
and broad programmatic priorities for the
methane hydrate research and development
program carried out under subsection (a)(1);
(B) provide scientific oversight for the
methane hydrates program, including assessing progress toward program goals, evaluating program balance, and providing recommendations to enhance the quality of the
program over time; and
(C) not later than 2 years after August 8,
2005, and at such later dates as the panel
considers advisable, submit to Congress—
(i) an assessment of the methane hydrate
research program; and
(ii) an assessment of the 5-year research
plan of the Department of Energy.
(2) Conflicts of interest
In appointing each member of the advisory
panel established under paragraph (1), the Secretary shall ensure, to the maximum extent
practicable, that the appointment of the member does not pose a conflict of interest with respect to the duties of the member under this
chapter.
(3) Meetings
The advisory panel shall—
(A) hold the initial meeting of the advisory panel not later than 180 days after the
date of establishment of the advisory panel;
and
(B) meet biennially thereafter.
(4) Coordination
The advisory panel shall coordinate activities of the advisory panel with program managers of the Department of Energy at appropriate National Laboratories.
(d) Construction costs
None of the funds made available to carry out
this section may be used for the construction of

§ 2004

TITLE 30—MINERAL LANDS AND MINING

a new building or the acquisition, expansion, remodeling, or alteration of an existing building
(including site grading and improvement and architect fees).
(e) Responsibilities of the Secretary
In carrying out subsection (b)(1), the Secretary shall—
(1) facilitate and develop partnerships
among government, industrial enterprises, and
institutions of higher education to research,
identify, assess, and explore methane hydrate
resources;
(2) undertake programs to develop basic information necessary for promoting long-term
interest in methane hydrate resources as an
energy source;
(3) ensure that the data and information developed through the program are accessible
and widely disseminated as needed and appropriate;
(4) promote cooperation among agencies
that are developing technologies that may
hold promise for methane hydrate resource development;
(5) report annually to Congress on the results of actions taken to carry out this chapter; and
(6) ensure, to the maximum extent practicable, greater participation by the Department of Energy in international cooperative
efforts.
(Pub. L. 106–193, § 4, as added Pub. L. 109–58, title
IX, § 968(a), Aug. 8, 2005, 119 Stat. 895.)
PRIOR PROVISIONS
A prior section 4 of Pub. L. 106–193 was set out in a
note under section 1902 of this title prior to the general
amendment of Pub. L. 106–193 by Pub. L. 109–58.

§ 2004. National Research Council study
(a) Agreement for Study
The Secretary shall offer to enter into an
agreement with the National Research Council
under which the National Research Council
shall—
(1) conduct a study of the progress made
under the methane hydrate research and development program implemented under this
chapter; and
(2) make recommendations for future methane hydrate research and development needs.
(b) Report
Not later than September 30, 2009, the Secretary shall submit to Congress a report con-

Page 360

taining the findings and recommendations of the
National Research Council under this section.
(Pub. L. 106–193, § 5, as added Pub. L. 109–58, title
IX, § 968(a), Aug. 8, 2005, 119 Stat. 898.)
PRIOR PROVISIONS
A prior section 5 of Pub. L. 106–193 was set out in a
note under section 1902 of this title prior to the general
amendment of Pub. L. 106–193 by Pub. L. 109–58.

§ 2005. Reports and studies for Congress
The Secretary shall provide to the Committee
on Science of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate copies of any report or
study that the Department of Energy prepares
at the direction of any committee of Congress
relating to the methane hydrate research and
development program implemented under this
chapter.
(Pub. L. 106–193, § 6, as added Pub. L. 109–58, title
IX, § 968(a), Aug. 8, 2005, 119 Stat. 898.)
PRIOR PROVISIONS
A prior section 6 of Pub. L. 106–193 was set out in a
note under section 1902 of this title prior to the general
amendment of Pub. L. 106–193 by Pub. L. 109–58.
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007. Committee
on Science and Technology of House of Representatives
changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

§ 2006. Authorization of appropriations
There are authorized to be appropriated to the
Secretary to carry out this chapter, to remain
available until expended—
(1) $15,000,000 for fiscal year 2006;
(2) $20,000,000 for fiscal year 2007;
(3) $30,000,000 for fiscal year 2008;
(4) $40,000,000 for fiscal year 2009; and
(5) $50,000,000 for fiscal year 2010.
(Pub. L. 106–193, § 7, as added Pub. L. 109–58, title
IX, § 968(a), Aug. 8, 2005, 119 Stat. 898.)
PRIOR PROVISIONS
A prior section 7 of Pub. L. 106–193 was set out in a
note under section 1902 of this title prior to the general
amendment of Pub. L. 106–193 by Pub. L. 109–58.