30 U.S.C. § 551 — Declaration of policy

Page 110 TITLE 30—MINERAL LANDS AND MINING § 541e 1 See References in Text note below. § 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 Feb- ruary 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 min- erals’’ shall mean all minerals which, upon Au- gust 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 es- tablished by the Secretary of the Interior and prescribed in section 30, Code of Federal Regula- tions, part 201; and ‘‘source material’’ shall mean uranium, thorium, or any other material which is determined by the Atomic Energy Com- mission pursuant to the provisions of section 2091 of title 42 to be source material. (Aug. 11, 1955, ch. 795, § 6, 69 Stat. 680.) Editorial Notes 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1914, referred to in text, is act Oct. 20, 1914, ch. 330, 38 Stat. 741, known as the Alaska Coal Lands Act, which was repealed by Pub.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 classifica- tion 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, 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, which enacted subchapter IX (§ 281 et seq.) of chapter 3A of this title, amended sections 181 and 193 of this title, and repealed sub- chapter VII (§ 141 et seq.) of chapter 3 of this title. For complete classification of this Act to the Code, see Ta- bles. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Func- tions 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.) Editorial Notes 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 nec- essary 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; expira- tion 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: Pro- vided, 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.) CHAPTER 13—CONTROL OF COAL-MINE FIRES Sec. 551. Declaration of policy. 552. Definitions. 553. Duties of Secretary; surveys, research, etc.; projects. 554. Lands subject to chapter. 555. Conditions precedent for aid to non-Federal lands. 556. Administration. 557. Rules and regulations. 558. Authorization of appropriations. § 551. Declaration of policy It is recognized that outcrop and underground fires in coal formations involve serious wastage of the fuel resources of the Nation, and con- stitute 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 pro- vide for the control and extinguishment of outcrop and underground coal fires and thereby to prevent injuries and loss of life, protect pub- lic health, conserve natural resources, and to preserve public and private surface property. (Aug. 31, 1954, ch. 1156, § 1, 68 Stat. 1009.) Statutory Notes and Related Subsidiaries COAL FORMATIONS Pub. L. 102–486, title XXV, § 2504(d)(1), (2), Oct. 24, 1992, 106 Stat. 3105, 3106, provided that: Page 111 TITLE 30—MINERAL LANDS AND MINING § 556 ‘‘(1) In furtherance of the purposes of the Act of Au- gust 31, 1954 (30 U.S.C. 551–558) the Secretary of the In- terior, acting through the Director of the Office of Sur- face Mining Reclamation and Enforcement, shall, upon application by a State, enter into a cooperative agree- ment with any such State that has an approved aban- doned 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 re- ferred 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 Re- gional Development Commission. ‘‘(2) For the purposes of the cooperative agreements entered into pursuant to paragraph (1), the require- ments 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 classifica- tions and ranks of coal, including anthracite, bi- tuminous, semibituminous, subbituminous, and lignite. ‘‘Outcrop’’ means any place where a formation is visible or substantially exposed at the sur- face. ‘‘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 per- sons. (Aug. 31, 1954, ch. 1156, § 2, 68 Stat. 1009.) § 553. Duties of Secretary; surveys, research, etc.; projects The Secretary of the Interior, in order to ef- fectuate 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 forma- tions and the methods for control or extin- guishment of such fires; to publish the results of any such surveys, investigations, and re- searches; and to disseminate information con- cerning 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 prop- er consent or the necessary rights or interests in such lands: Provided, however, That expendi- ture 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-Fed- eral 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 nec- essary for the protection of lands or other prop- erty 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 pro- viding for the control and extinguishment of outcrop and underground fires in coal forma- tions 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 per- formance and maintenance of the work re- quired 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 protec- tion of lands or other property owned or con- trolled by the United States or any of its agen- cies, (1) that the State or person owning or con- trolling such lands contribute on a matching basis 50 per centum of the cost of planning and executing such project, or (2), if such State or person furnishes evidence satisfactory to the Secretary of the Interior of an inability to make the matching contribution herein provided for, that such State or person pay to the Govern- ment, within such period of time as the Sec- retary 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 ex- pended in conformity with clause (1) of this sub- section. (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 author- ized— (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 serv- ices as may be deemed necessary for the effi-