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30 U.S.C. § 1201 — Congressional findings

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1201 — Congressional findings

The Congress finds and declares that— **(a)** extraction of coal and other minerals from the earth can be accomplished by various methods of mining, including surface mining; **(b)** coal mining operations presently contribute significantly to the 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.11 So in original. The period probably should be a semicolon. **(e)** surface mining and reclamation technology are now developed so that effective and reasonable regulation of surface coal mining operations by the States a

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Stable record: federal_law:legal_authorities:record_usc_6d30577ecd0b53792abcc56a
Source file: Laws/federal/codes/united-states-code/title-30/section-1201-congressional-findings--5ff3369441.md
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Source location: Title 30, Chapter 25, § 1201; chapter-025-surface-mining-control-and-reclamation.md

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The Congress finds and declares that— **(a)** extraction of coal and other minerals from the earth can be accomplished by various methods of mining, including surface mining; **(b)** coal mining operations presently contribute significantly to the Nation’s energy requirements; surface coal mining constitutes one method of extraction of the resource; the overwhelming percentage of the Nation’s coal reserves can only be extracted by underground mining methods, and it is, therefore, essential to the national interest to insure the existence of an expanding and economically healthy underground coal mining industry; **(c)** many surface mining operations result in disturbances of surface areas that burden and adversely affect commerce and the public welfare by destroying or diminishing the utility of land for commercial, industrial, residential, recreational, agricultural, and forestry purposes, by causing erosion and landslides, by contributing to floods, by polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty, by damaging the property of citizens, by creating hazards dangerous to life and property by degrading the quality of life in local communities, and by counteracting governmental programs and efforts to conserve soil, water, and other natural resources; **(d)** the expansion of coal mining to meet the Nation’s energy needs makes even more urgent the establishment of appropriate standards to minimize damage to the environment and to productivity of the soil and to protect the health and safety of the public.11 So in original. The period probably should be a semicolon. **(e)** surface mining and reclamation technology are now developed so that effective and reasonable regulation of surface coal mining operations by the States and by the Federal Government in accordance with the requirements of this chapter is an appropriate and necessary means to minimize so far as practicable the adverse social, economic, and environmental effects of such mining operations; **(f)** because of the diversity in terrain, climate, biologic, chemical, and other physical conditions in areas subject to mining operations, the primary governmental responsibility for developing, authorizing, issuing, and enforcing regulations for surface mining and reclamation operations subject to this chapter should rest with the States; **(g)** surface mining and reclamation standards are essential in order to insure that competition in interstate commerce among sellers of coal produced in different States will not be used to undermine the ability of the several States to improve and maintain adequate standards on coal mining operations within their borders; **(h)** there are a substantial number of acres of land throughout major regions of the United States disturbed by surface and underground coal on which little or no reclamation was conducted, and the impacts from these unreclaimed lands impose social and economic costs on residents in nearby and adjoining areas as well as continuing to impair environmental quality; **(i)** while there is a need to regulate surface mining operations for minerals other than coal, more data and analyses are needed to serve as a basis for effective and reasonable regulation of such operations; **(j)** surface and underground coal mining operations affect interstate commerce, contribute to the economic well-being, security, and general welfare of the Nation and should be conducted in an environmentally sound manner; and **(k)** the cooperative effort established by this chapter is necessary to prevent or mitigate adverse environmental effects of present and future surface coal mining operations.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1114 — Protection of officers and employees of the United States

**(a) In General.—** Whoever kills or attempts to kill any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance, shall be punished— (1) in the case of murder, as provided under section 1111; (2) in the case of manslaughter, as provided under section 1112; or (3) in the case of attempted murder or manslaughter, as provided in section 1113. **(b) Extraterritorial Jurisdiction.—** There is extraterritorial jurisdiction over the conduct prohibited by this section.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1231 — Abandoned Mine Reclamation Fund

**(a) Establishment; administration; State funds** There is created on the books of the Treasury of the United States a trust fund to be known as the Abandoned Mine Reclamation Fund (hereinafter referred to as the “fund”) which shall be administered by the Secretary of the Interior. State abandoned mine reclamation funds (State funds) generated by grants from this subchapter shall be established by each State pursuant to an approved State program. **(b) Sources of deposits to fund** The fund shall consist of amounts deposited in the fund, from time to time derived from— (1) the reclamation fees levied under [section 1232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232&num=0&edition=prelim); (2) any user charge imposed on or for land reclaimed pursuant to this subchapter after expenditures for maintenance have been deducted; (3) donations by persons, corporations, associations, and foundations for the purposes of this subchapter; (4) recovered moneys as provided for in this subchapter; and (5) interest credited to the fund under subsection (e). **(c) Use of moneys** Moneys in the fund may be used for the following purposes: (1) reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to reclamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment pl

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1230a — Strategic Resources Generic Mineral Technology Center

**(a) Establishment** The Secretary of 11 So in original. Probably should be “of the”. 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) 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.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 401 — Qualified pension, profit-sharing, and stock bonus plans

**(a) Requirements for qualification** A trust created or organized in the United States and forming part of a stock bonus, pension, or profit-sharing plan of an employer for the exclusive benefit of his employees or their beneficiaries shall constitute a qualified trust under this section— (1) if contributions are made to the trust by such employer, or employees, or both, or by another employer who is entitled to deduct his contributions under section 404(a)(3)(B) (relating to deduction for contributions to profit-sharing and stock bonus plans), or by a charitable remainder trust pursuant to a qualified gratuitous transfer (as defined in section 664(g)(1)), for the purpose of distributing to such employees or their beneficiaries the corpus and income of the fund accumulated by the trust in accordance with such plan; (2) if under the trust instrument it is impossible, at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries under the trust, for any part of the corpus or income to be (within the taxable year or thereafter) used for, or diverted to, purposes other than for the exclusive benefit of his employees or their beneficiaries (but this paragraph shall not be construed, in the case of a multiemployer plan, to prohibit the return of a contribution within 6 months after the plan administrator determines that the contribution was made by a mistake of fact or law (other than a mistake relating to whether the plan is described in section 401(a) or the trust which is part of such plan is exempt from taxation under section 501(a), or the return of any withdrawal liability payment determined to be an overpayment within 6 months of such determination)); (3) if the plan of which such trust is a part satisfies the requireme

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232/a&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1259&num=0&edition=prelim). (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 a

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1229 — Committee on Mining and Mineral Resources Research

**(a) Appointment; composition** The Secretary shall appoint a Committee on Mining and Mineral Resources Research composed of— (1) the Assistant Secretary of the Interior responsible for minerals and mining research, or his delegate; (2) the Director, United States Bureau of Mines, or his delegate; (3) the Director, United States Geological Survey, or his delegate; (4) the Director of the National Science Foundation, or his delegate; (5) the President, National Academy of Sciences, or his delegate; (6) the President, National Academy of Engineering, or his delegate; and (7) not more than 7 other persons who are knowledgeable in the fields of mining and mineral resources research, including two university administrators involved in the conduct of programs authorized by this subchapter, 3 representatives from the mining industry, a working miner, and a representative from the conservation community. In making these 7 appointments, the Secretary shall consult with interested groups. **(b) Consultation and recommendations** The Committee shall consult with, and make recommendations to, the Secretary on all matters relating to mining and mineral resources research and the determinations that are required to be made under this subchapter. The Secretary shall consult with, and consider recommendations of, such Committee in such matters. **(c) Compensation, travel, subsistence and related expenses** Committee members, other than officers or employees of Federal, State, or local governments, shall be, for each day (including traveltime) during which they are performing Committee business, paid at a rate fixed by the Secretary but not 11 So in original. Probably should be followed by “in”. excess of the daily equivalent of the maximum rate of pay for grade GS–18 of the G

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1235&num=0&edition=prelim) may certify to the Secretary that all of the priorities stated in [section 1233(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/a&num=0&edition=prelim) for eligible lands and waters pursuant to [section 1234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/c&num=0&edition=prelim) all reclamation projects relating to the priorities described in [section 1233(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/a&num=0&edition=prelim) for eligible land and water pursuant to [section 1234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim) in the State or tribe have been completed. (B) The Secretary shall only make the certification after notice in the Federal Register and o

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1232 — Reclamation fee

**(a) Payment; rate** All operators of coal mining operations subject to the provisions of this chapter shall pay to the Secretary of the Interior, for deposit in the fund, a reclamation fee of 22.4 cents per ton of coal produced by surface coal mining and 9.6 cents per ton of coal produced by underground mining or 10 per centum of the value of the coal at the mine, as determined by the Secretary, whichever is less, except that the reclamation fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine, or 6.4 cents per ton, whichever is less. **(b) Due date** Such fee shall be paid no later than thirty days after the end of each calendar quarter beginning with the first calendar quarter occurring after August 3, 1977, and ending September 30, 2034. **(c) Submission of statement** Together with such reclamation fee, all operators of coal mine operations shall submit a statement of the amount of coal produced during the calendar quarter, the method of coal removal and the type of coal, the accuracy of which shall be sworn to by the operator and notarized. Such statement shall include an identification of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the preparation plant, tripple,11 So in original. Probably should be “tipple,”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1256&num=0&edition=prelim) and the mine safety and health identification number. Each quarterly report shall contain a notification of any changes in the information required by this sub

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 470aaa–10 — Savings provisions

Nothing in this chapter shall be construed to— (1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act ([43 U.S.C. 1701–178](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1701–178&num=0&edition=prelim)4),11 See References in Text note below. subchapter 3 22 So in original. Probably should be “subchapter III”. of chapter 1007 of title 54, the Surface Mining Control and Reclamation Act of 1977 ([30 U.S.C. 1201–135](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1201–135&num=0&edition=prelim)8) [[30 U.S.C. 1201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1201&num=0&edition=prelim) et seq.], and the Organic Administration Act ([16 U.S.C. 478](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section478&num=0&edition=prelim), 482, 551); (2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under existing laws and authorities relating to reclamation and multiple uses of Federal land; (3) apply to, or require a permit for, casual collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this chapter; (4) affect any land other than Federal land or affect the lawful recovery, collection, or sale of paleontological resources from land other than Federal land; (5) alter or diminish the authority of a

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3504 — Leases, business agreements, and rights-of-way involving energy development or transmission

**(a) Leases and business agreements** In accordance with this section— (1) an Indian tribe may, at the discretion of the Indian tribe, enter into a lease or business agreement for the purpose of energy resource development on tribal land, including a lease or business agreement for— (A) exploration for, extraction of, processing of, or other development of the energy mineral resources of the Indian tribe located on tribal land; (B) construction or operation of— (i) an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land; or (ii) a facility to process or refine energy resources, at least a portion of which have been developed on or produced from tribal land; or (C) pooling, unitization, or communitization of the energy mineral resources of the Indian tribe located on tribal land with any other energy mineral resource (including energy mineral resources owned by the Indian tribe or an individual Indian in fee, trust, or restricted status or by any other persons or entities) if the owner, or, if appropriate, lessee, of the resources has consented or consents to the pooling, unitization, or communitization of the other resources under any lease or agreement; and (2) a lease or business agreement described in paragraph (1) shall not require review by, or the approval of, the Secretary under [section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section81&num=0&edition=prelim), or any other provision of law (including regulations), if the lease or business agreement— (A) was executed— (i) in accordance with the requirements of a tribal energy resource agreement in effect under subsecti

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