30 U.S.C. § 1604 — Program administration

Page 350 TITLE 30—MINERAL LANDS AND MINING § 1603 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. AMENDMENTS 2020—Pub. L. 116–260, § 7002(m)(2), in introductory pro- visions, substituted ‘‘It’’ for ‘‘The Congress declares that it’’ and ‘‘Implementation’’ for ‘‘The Congress fur- ther declares that implementation’’. Par. (3). Pub. L. 116–260, § 7002(b)(1)(A), added par. (3) and struck out former par. (3) which read as follows: ‘‘establish a long-range assessment capability con- cerning materials demands, supply and needs, and pro- vide for the policies and programs necessary to meet those needs;’’. Pars. (7) to (13). Pub. L. 116–260, § 7002(b)(1)(B), (C), added pars. (7) to (13) and struck out former par. (7) which read as follows: ‘‘encourage Federal agencies to facilitate availability and development of domestic re- sources to meet critical materials needs.’’ § 1603. Implementation of policies The President shall, through the Executive Of- fice of the President, coordinate the responsible departments and agencies to implement the pol- icy described in section 1602 of this title and shall— (1) direct that the responsible departments and agencies identify, assist, and make rec- ommendations for carrying out appropriate policies and programs to ensure adequate, sta- ble, and economical materials supplies essen- tial to national security, economic well-being, and industrial production; (2) support basic and applied research and development to provide for, among other ob- jectives— (A) advanced science and technology for the exploration, discovery, and recovery of nonfuel materials; (B) enhanced methods or processes for the more efficient production and use of renew- able 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, sub- stitution, 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 rec- ommendations concerning the availability and adequacy of supply of technically trained per- sonnel necessary for materials research, devel- opment, extraction, harvest and industrial practice, paying particular regard to the prob- lem of attracting and maintaining high qual- ity materials professionals in the Federal service; (5) establish early warning systems for ma- terials 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 in- dustries; 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 recy- cling and disposal including but not limited to, financial assistance and tax policies for re- cycled and virgin sources of materials and make recommendations for equalizing any ex- isting imbalances, or removing any impedi- ments, which may be created by the applica- tion 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 devel- opment 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; Pub. L. 116–260, div. Z, title VII, § 7002(m)(3), Dec. 27, 2020, 134 Stat. 2576.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260, in introductory provisions, sub- stituted ‘‘The’’ for ‘‘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 de- clares that the’’ and ‘‘departments and agencies to im- plement the policy described in section 1602 of this title’’ for ‘‘departments and agencies,’’. § 1604. Program administration (a) President; preparation of plan and submis- sion to Congress of report Within 1 year after December 27, 2020, the President shall submit to the Congress— (1) a program plan to implement such exist- ing or prospective proposals and organiza- tional structures within the executive branch as he finds necessary to carry out the provi- sions set forth in sections 1602 and 1603 of this title. The plan shall include program and budget proposals and organizational struc- tures providing for the following minimum elements: (A) policy analysis and decision deter- mination within the Executive Office of the President; (B) continuing long-range analysis of ma- terials use to meet national security, eco- nomic, industrial and social needs; the ade- quacy and stability of supplies; and the in- dustrial 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, anal- ysis, and dissemination of information con- cerning domestic and international long-range materials demand, supply and needs, including Page 351 TITLE 30—MINERAL LANDS AND MINING § 1604 consideration of the establishment of a sepa- rate materials information agency patterned after the Bureau of Labor Statistics; and (3) recommendations for legislation and ad- ministrative 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 Na- tional Science and Technology Policy, Organiza- tion, 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 National Science and Tech- nology Council coordinate Federal materials research and development and related activi- ties in accordance with the policies and objec- tives 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 mate- rials needs related to scientific and techno- logical 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., re- quirements; identification and assessment activities The Secretary of Commerce, in consultation with such other members of the Cabinet as may be appropriate, shall— (1) not later than 1 year after December 27, 2020, submit to the Congress a report that as- sesses critical materials needs and that rec- ommends programs that would assist in meet- ing such needs, including an assessment of economic stockpiles; and (2) assess the adequacy and stability of the supply of materials necessary to maintain na- tional security, economic well-being, public health, and industrial production. (d) Secretary of Defense and other Cabinet mem- bers; 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 re- port assessing critical materials needs related to national security and identifying the steps nec- essary to meet those needs. The report shall in- clude an assessment of the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) [now 50 U.S.C. 4501 et seq.], and the Strategic and Crit- ical 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 December 27, 2020, and shall be revised pe- riodically 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 Geological Survey to assess inter- national minerals supplies; (2) increase the level of mining and met- allurgical research by the United States Geo- logical Survey in critical and strategic min- erals; and (3) improve the availability and analysis of mineral data in Federal land use decision- making. A report summarizing actions required by this subsection shall be made available to the Con- gress within 1 year after December 27, 2020. (f) Secretary of the Interior; collection, evalua- tion, and analysis activities concerning infor- mation 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 agen- cies. 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 pro- duction or large-scale consumption shall not be disclosed outside of the Department of the Inte- rior 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 dis- closure of such data and information by the donor: Provided, however, That the Secretary may disclose nonaggregated data and informa- tion to Federal defense agencies, or to the Con- gress upon official request for appropriate pur- poses. (Pub. L. 96–479, § 5, Oct. 21, 1980, 94 Stat. 2307; Pub. L. 116–260, div. Z, title VII, § 7002(m)(1) Dec. 27, 2020, 134 Stat. 2575.) Editorial Notes REFERENCES IN TEXT The National Science and Technology Policy, Organi- zation, and Priorities Act of 1976, referred to in subsec. (b), is Pub. L. 94–282, May 11, 1976, 90 Stat. 459, 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, which was classified to section 2061 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 55 (§ 4501 et seq.) of Title 50. For complete clas- sification of this Act to the Code, see 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 sub- chapter III (§ 98 et seq.) of chapter 5 of Title 50. For complete classification of this Act to the Code, see sec- tion 98 of Title 50 and Tables. AMENDMENTS 2020—Pub. L. 116–260, § 7002(m)(1)(A), which directed substitution of ‘‘date of enactment of the Energy Act of 2020’’ for ‘‘date of enactment of this Act’’ wherever ap- pearing, was executed by substituting ‘‘December 27, 2020’’ for ‘‘October 21, 1980’’ in subsecs. (a), (d), and (e). Substitutions in subsecs. (d) and (e) were made for Page 352 TITLE 30—MINERAL LANDS AND MINING § 1605 original text reading ‘‘enactment of this Act’’ and ‘‘the enactment of this Act’’, to reflect the probable intent of Congress. Subsec. (b)(1). Pub. L. 116–260, § 7002(m)(1)(B), sub- stituted ‘‘National Science and Technology Council’’ for ‘‘Federal Coordinating Council for Science, Engi- neering, and Technology’’. Subsec. (c). Pub. L. 116–260, § 7002(m)(1)(C)(i), in intro- ductory provisions, struck out ‘‘the Federal Emergency Management Administration, the Secretary of the In- terior, the Secretary of Defense, the Director of the Central Intelligence Agency, and’’ before ‘‘such’’ and substituted ‘‘appropriate, shall—’’ for ‘‘appropriate shall—’’. Subsec. (c)(1). Pub. L. 116–260, § 7002(m)(1)(C)(ii), (iii), (iv)(II), (III), redesignated par. (2) as (1), substituted ‘‘that assesses’’ for ‘‘which assesses’’ and ‘‘and that’’ for ‘‘in the case identified in paragraph (1) of this sub- section, and which’’, and struck out former par. (1) which read as follows: ‘‘within 3 months after October 21, 1980, identify and submit to the Congress a specific materials needs case related to national security, eco- nomic well-being and industrial production which will be the subject of the report required by paragraph (2) of this subsection;’’. Pub. L. 116–260, § 7002(m)(1)(C)(iv)(I), which directed substitution of ‘‘not later than 1 year after the date of the enactment of the Energy Act of 2020’’ for ‘‘within 1 year after October 21, 1980’’, was executed by sub- stituting ‘‘not later than 1 year after December 27, 2020’’ for text in original which had read ‘‘within 1 year after the date of enactment of this Act’’ and had been translated to ‘‘within 1 year after October 21, 1980’’, and by making such substitution prior to similar amend- ment by § 7002(m)(1)(A), to reflect the probable intent of Congress. See first 2020 Amendment note above. Subsec. (c)(2). Pub. L. 116–260, § 7002(m)(1)(C)(v), added par. (2). Former par. (2) redesignated (1). Subsec. (c)(3). Pub. L. 116–260, § 7002(m)(1)(C)(ii), struck out par. (3) which read as follows: ‘‘continually thereafter identify and assess additional cases, as nec- essary, to ensure an adequate and stable supply of ma- terials to meet national security, economic well-being and industrial production needs.’’ Subsec. (e). Pub. L. 116–260, § 7002(m)(1)(D), sub- stituted ‘‘United States Geological Survey’’ for ‘‘Bu- reau of Mines’’ in pars. (1) and (2). § 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 Presi- dent 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.) § 1606. Mineral security (a) Definitions In this section: (1) Byproduct The term ‘‘byproduct’’ means a critical min- eral— (A) the recovery of which depends on the production of a host mineral that is not des- ignated as a critical mineral; and (B) that exists in sufficient quantities to be recovered during processing or refining. (2) Critical material The term ‘‘critical material’’ means— (A) any non-fuel mineral, element, sub- stance, or material that the Secretary of En- ergy determines— (i) has a high risk of a supply chain dis- ruption; and (ii) serves an essential function in 1 or more energy technologies, including tech- nologies that produce, transmit, store, and conserve energy; or (B) a critical mineral. (3) Critical mineral (A) In general The term ‘‘critical mineral’’ means any mineral, element, substance, or material designated as critical by the Secretary under subsection (c). (B) Exclusions The term ‘‘critical mineral’’ does not in- clude— (i) fuel minerals; (ii) water, ice, or snow; (iii) common varieties of sand, gravel, stone, pumice, cinders, and clay. (4) Indian Tribe The term ‘‘Indian Tribe’’ has the meaning given the term in section 5304 of title 25. (5) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (6) State The term ‘‘State’’ means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands. (7) Institution of higher education The term ‘‘institution of higher education’’ means— (A) an institution of higher education (as defined in section 1001(a) of title 20); or (B) a postsecondary vocational institution (as defined in section 1002(c) of title 20). (b) Omitted (c) Critical mineral designations (1) Draft methodology and list The Secretary, acting through the Director of the United States Geological Survey (re- ferred to in this subsection as the ‘‘Sec- retary’’), shall publish in the Federal Register for public comment— (A) a description of the draft methodology used to identify a draft list of critical min- erals; (B) a draft list of minerals, elements, sub- stances, and materials that qualify as crit- ical minerals; and