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42 U.S.C. § 15908 — Preservation of geological and geo-

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

42 U.S.C. § 15908 — Preservation of geological and geo-

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Page 8735 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15908 (B) $775,000,000 to provide grants under sub- section (c)(3); (C) $2,000,000,000 to provide grants under subsection (c)(4); (D) $1,500,000,000 to provide grants under subsection (c)(5); and (E) $150,000,000 to carry out the program under subsection (d); (2) to the Secretary of Energy, $30,000,000 to conduct research and development activities in cooperation with the Interstate Oil and Gas Compact Commission to assist the Federal land management agencies, States, and Indian Tribes in— (A) identifying and characterizing undocu- mented orphaned wells; and (B) mitigating the environmental risks of undocumented orphaned wells; and (3) to the Interstate Oil and Gas Compact Commission, $2,000,000 to carry out this sec- tion. (Pub. L. 109–58, title III, § 349, Aug. 8, 2005, 119 Stat. 709; Pub. L. 113–40, § 10(b), Oct. 2, 2013, 127 Stat. 545; Pub. L. 117–58, div. D, title VI, § 40601, Nov. 15, 2021, 135 Stat. 1080.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–58 amended section generally. Prior to amendment, section related to orphaned, abandoned, or idled wells on Federal land. 2013—Subsec. (i). Pub. L. 113–40 added subsec. (i). Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. § 15908. Preservation of geological and geo- physical data (a) Short title This section may be cited as the ‘‘National Ge- ological and Geophysical Data Preservation Pro- gram Act of 2005’’. (b) Program The Secretary shall carry out a National Geo- logical and Geophysical Data Preservation Pro- gram in accordance with this section— (1) to archive geologic, geophysical, and en- gineering data, maps, well logs, and samples; (2) to provide a national catalog of such ar- chival material; (3) to provide technical and financial assist- ance related to the archival material; and (4) to provide for preservation of samples to track geochemical signatures from critical mineral (as defined in section 1606(a) of title 30) ore bodies for use in provenance tracking frameworks. (c) Plan Not later than 1 year after August 8, 2005, the Secretary shall submit to Congress a plan for the implementation of the Program. (d) Data archive system (1) Establishment The Secretary shall establish, as a compo- nent of the Program, a data archive system to provide for the storage, preservation, and archiving of subsurface, surface, geological, geophysical, and engineering data and sam- ples. The Secretary, in consultation with the Advisory Committee, shall develop guidelines relating to the data archive system, including the types of data and samples to be preserved. (2) System components The system shall be comprised of State agencies that elect to be part of the system and agencies within the Department of the In- terior that maintain geological and geo- physical data and samples that are designated by the Secretary in accordance with this sub- section. The Program shall provide for the storage of data and samples through data re- positories operated by such agencies. (3) Limitation of designation The Secretary may not designate a State agency as a component of the data archive system unless that agency is the agency that acts as the geological survey in the State. (4) Data from Federal land The data archive system shall provide for the archiving of relevant subsurface data and samples obtained from Federal land— (A) in the most appropriate repository des- ignated under paragraph (2), with preference being given to archiving data in the State in which the data were collected; and (B) consistent with all applicable law and requirements relating to confidentiality and proprietary data. (e) National catalog (1) In general As soon as practicable after August 8, 2005, the Secretary shall develop and maintain, as a component of the Program, a national catalog that identifies— (A) data and samples available in the data archive system established under subsection (d); (B) the repository for particular material in the system; and (C) the means of accessing the material. (2) Availability The Secretary shall make the national cata- log accessible to the public on the site of the Survey on the Internet, consistent with all ap- plicable requirements related to confiden- tiality and proprietary data. (f) Advisory Committee (1) In general The Advisory Committee shall advise the Secretary on planning and implementation of the Program. (2) New duties In addition to its duties under the National Geologic Mapping Act of 1992 (43 U.S.C. 31a et seq.), the Advisory Committee shall perform the following duties: Page 8736 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15909 1 See References in Text note below. (A) Advise the Secretary on developing guidelines and procedures for providing as- sistance for facilities under subsection (g)(1). (B) Review and critique the draft imple- mentation plan prepared by the Secretary under subsection (c). (C) Identify useful studies of data archived under the Program that will advance under- standing of the Nation’s energy and mineral resources, geologic hazards, and engineering geology. (D) Review the progress of the Program in archiving significant data and preventing the loss of such data, and the scientific progress of the studies funded under the Pro- gram. (E) Include in the annual report to the Secretary required under section 5(b)(3) 1 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(b)(3)) an evaluation of the progress of the Program toward fulfilling the purposes of the Program under sub- section (b). (g) Financial assistance (1) Archive facilities Subject to the availability of appropriations, the Secretary shall provide financial assist- ance to a State agency that is designated under subsection (d)(2) for providing facilities to archive energy material. (2) Studies Subject to the availability of appropriations, the Secretary shall provide financial assist- ance to any State agency designated under subsection (d)(2) for studies and technical as- sistance activities that enhance under- standing, interpretation, and use of materials archived in the data archive system estab- lished under subsection (d). (3) Federal share The Federal share of the cost of an activity carried out with assistance under this sub- section shall be not more than 50 percent of the total cost of the activity. (4) Private contributions The Secretary shall apply to the non-Fed- eral share of the cost of an activity carried out with assistance under this subsection the value of private contributions of property and services used for that activity. (h) Report The Secretary shall include in each report under section 8 of the National Geologic Map- ping Act of 1992 (43 U.S.C. 31g)— (1) a description of the status of the Pro- gram; (2) an evaluation of the progress achieved in developing the Program during the period cov- ered by the report; and (3) any recommendations for legislative or other action the Secretary considers necessary and appropriate to fulfill the purposes of the Program under subsection (b). (i) Maintenance of State effort It is the intent of Congress that the States not use this section as an opportunity to reduce State resources applied to the activities that are the subject of the Program. (j) Definitions In this section: (1) Advisory Committee The term ‘‘Advisory Committee’’ means the advisory committee established under section 5 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d). (2) Program The term ‘‘Program’’ means the National Geological and Geophysical Data Preservation Program carried out under this section. (3) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (4) Survey The term ‘‘Survey’’ means the United States Geological Survey. (k) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2029, to remain available until expended. (Pub. L. 109–58, title III, § 351, Aug. 8, 2005, 119 Stat. 711; Pub. L. 116–260, div. Z, title VII, § 7002(l), Dec. 27, 2020, 134 Stat. 2575; Pub. L. 117–58, div. D, title II, § 40203, Nov. 15, 2021, 135 Stat. 959.) Editorial Notes REFERENCES IN TEXT The National Geologic Mapping Act of 1992, referred to in subsec. (f)(2), is Pub. L. 102–285, May 18, 1992, 106 Stat. 166, which is classified principally to sections 31a to 31h of Title 43, Public Lands. Par. (3) of section 5(b) of the Act was redesignated par. (4) by Pub. L. 111–11, title XI, § 11001(f)(2)(B), Mar. 30, 2009, 123 Stat. 1415, and is now classified to section 31d(b)(4) of Title 43. For complete classification of this Act to the Code, see Short Title note set out under section 31a of Title 43 and Tables. AMENDMENTS 2021—Subsec. (b)(4). Pub. L. 117–58 added par. (4). 2020—Subsec. (k). Pub. L. 116–260 substituted ‘‘$5,000,000 for each of fiscal years 2021 through 2029, to remain available until expended’’ for ‘‘$30,000,000 for each of fiscal years 2006 through 2010’’. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. § 15909. Gas hydrate production incentive (a) Purpose The purpose of this section is to promote nat- ural gas production from the natural gas hy- drate resources on the outer Continental Shelf and Federal lands in Alaska by providing roy- alty incentives.

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

42 U.S.C. § 15908 — Orphaned well site plugging, remediation, and restoration

**(a) Definitions** In this section: (1) **Federal land** — The term “Federal land” means land administered by a land management agency within— (A) the Department of Agriculture; or (B) the Department of the Interior. (2) **Idled well** — The term “idled well” means a well— (A) that has been nonoperational for not fewer than 4 years; and (B) for which there is no anticipated beneficial future use. (3) **Indian Tribe** — The term “Indian Tribe” has the meaning given the term in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim). (4) **Operator** — The term “operator”, with respect to an oil or gas operation, means any entity, including a lessee or operating rights owner, that has provided to a relevant authority a written statement that the entity is responsible for the oil or gas operation, or any portion of the operation. (5) **Orphaned well** — The term “orphaned well”— (A) with respect to Federal land or Tribal land, means a well— (i) 11 So in original. No cl. (ii) has been enacted. (I) that is not used for an authorized purpose, such as production, injection, or monitoring; and (II) (aa) for which no operator can be located; (bb) the operator of which is unable— (AA) to plug the well; and (BB) to remediate and reclaim the well site; or (cc) that is within the National Petroleum Reserve–Alaska; and (B) with respect to State or private land— (i) has the meaning given the term by the applicable State; or (ii) if that State uses different terminology, has the meaning given another term used by the State to describe a well eligible for plugging, remediation, and reclamation by the State. (6) **Tribal land** — The term “Trib

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

43 U.S.C. § 31a — Findings and purpose

**(a) Findings** The Congress finds and declares that— (1) although significant progress has been made in the production of geologic maps since the establishment of the national cooperative geologic mapping program in 1992, no modern, digital, geologic map exists for approximately 75 percent of the United States; (2) geologic maps are the primary data base for virtually all applied and basic earth-science investigations, including— (A) exploration for and development of mineral, energy, and water resources; (B) screening and characterizing sites for toxic and nuclear waste disposal; (C) land use evaluation and planning for homeland and environmental protection; (D) earthquake hazards reduction; (E) identifying volcanic hazards; (F) design and construction of infrastructure requirements such as utility lifelines, transportation corridors, and surface-water impoundments; (G) reducing losses from landslides and other ground failures; (H) mitigating effects of coastal and stream erosion; (I) siting of critical facilities; (J) recreation and public awareness; and (K) basic earth-science research; (3) Federal agencies, State and local governments, private industry, and the general public depend on the information provided by geologic maps to determine the extent of potential environmental damage before embarking on projects that could lead to preventable, costly environmental problems or litigation; (4) the combined capabilities of State, Federal, and academic groups to provide geologic mapping are not sufficient to meet the present and future needs of the United States for national security, environmental protection, and energy self-sufficiency of the Nation; (5) States are willing to contribute 50 percent of the funding necessary to com

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

43 U.S.C. § 31a — Findings and purpose

Page 8 TITLE 43—PUBLIC LANDS § 31a ‘‘(G) a plan to develop beneficial cooperative rela- tionships among the entities mentioned in subpara- graph (F), to the extent that the Interagency Co- ordinating Group deems practicable; and ‘‘(H) any other information or recommendations that the Interagency Coordinating Group deems ap- propriate; and ‘‘(6) submitting to the Congress annually, beginning one year after the submission of a report under para- graph (5), a report describing the levels of resources and funding that would be required by each partici- pating Federal agency for the next fiscal year to carry out events pursuant to paragraph (5)(A) and (B).’’ [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 section 4(6) of Pub. L. 100–441, set out above, is listed as the 10th item on page 149), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under sec- tion 1113 of Title 31, Money and Finance.] Pub. L. 98–473, title I, § 101(c) [title III, § 323], Oct. 12, 1984, 98 Stat. 1837, 1875, provided that: ‘‘It is the sense of the Congress that the Continental Scientific Drilling Program is an important national scientific endeavor, benefiting the commerce of the Nation, which should be vigorously pursued by Government and the private sector. The Continental Scientific Drilling Program is an important national scientific endeavor that is vital to the understanding of the geologic evolution of the Earth and the economic value of its resources; the most effective and efficient means of realizing the fullest po- te

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

43 U.S.C. § 31d — Advisory committee

**(a) Establishment** (1) **In general** — There shall be established a 11-member geologic mapping advisory committee to advise the Director on planning and implementation of the geologic mapping program. (2) **Members ex officio** — Federal agency members shall include the Administrator of the Environmental Protection Agency or a designee, the Secretary of the Interior or a designee from a land management agency of the Department of the Interior, the Secretary of Energy or a designee, and the Secretary of Agriculture or a designee. (3) **Appointed members** — In consultation with the Association, the Secretary shall appoint to the advisory committee two representatives from the Survey (including the Associate Director for Core Science Systems, as Chair), two representatives from the State geological surveys, one representative from academia, and 2 representatives from the private sector. **(b) Duties** The advisory committee shall— (1) review and update the 5-year plan prepared by the Director pursuant to [section 31e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section31e&num=0&edition=prelim); (2) review the scientific progress of the geologic mapping program; (3) provide a scientific overview of geologic maps (including maps of geologic-based hazards) used or disseminated by Federal agencies for regulation or land-use planning; and (4) submit an annual report to the Secretary that evaluates the progress of the Federal, State, and university mapping activities and evaluates the progress made toward fulfilling the purposes of sections 31c through 31f of this title.

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43 U.S.C. § 31d — Advisory committee

Page 13 TITLE 43—PUBLIC LANDS § 31e alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. § 31d. Advisory committee (a) Establishment (1) In general There shall be established a 11-member geo- logic mapping advisory committee to advise the Director on planning and implementation of the geologic mapping program. (2) Members ex officio Federal agency members shall include the Administrator of the Environmental Protec- tion Agency or a designee, the Secretary of the Interior or a designee from a land manage- ment agency of the Department of the Inte- rior, the Secretary of Energy or a designee, and the Secretary of Agriculture or a des- ignee. (3) Appointed members In consultation with the Association, the Secretary shall appoint to the advisory com- mittee two representatives from the Survey (including the Associate Director for Core Science Systems, as Chair), two representa- tives from the State geological surveys, one representative from academia, and 2 rep- resentatives from the private sector. (b) Duties The advisory committee shall— (1) review and update the 5-year plan pre- pared by the Director pursuant to section 31e of this title; (2) review the scientific progress of the geo- logic mapping program; (3) provide a scientific overview of geologic maps (including maps of geologic-based haz- ards) used or disseminated by Federal agencies for regulation or land-use planning; and (4) submit an annual report to the Secretary that evaluates the progress of the Federal, State, and university mapping activities and evaluates the progress made toward fulfilling the purposes of sections 31c through 3

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

43 U.S.C. § 31g — Biennial report

Not later than 3 years after March 30, 2009, and biennially thereafter, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that— (1) describes the status of the national geologic mapping program; (2) describes and evaluates the progress achieved during the preceding 2 years in developing the national geologic map database; and (3) includes any recommendations that the Secretary may have for legislative or other action to achieve the purposes of sections 31c through 31f of this title.

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43 U.S.C. § 31g — Biennial report

Page 14 TITLE 43—PUBLIC LANDS § 31f geological surveys, into the nationwide geo- logic mapping program; (C) mechanisms for identifying short- and long-term priorities for each component of the geologic mapping program, including— (i) for the Federal component, a priority- setting mechanism that responds to— (I) Federal mission requirements for geologic map information; (II) critical scientific problems that re- quire geologic maps for their resolution; and (III) shared Federal and State needs for geologic maps, in which joint Federal- State geologic mapping projects are in the national interest; (ii) for the State component, a priority- setting mechanism that responds to— (I) specific intrastate needs for geo- logic map information; and (II) interstate needs shared by adjacent States that have common requirements; and (iii) for the education component, a pri- ority-setting mechanism that responds to requirements for geologic map information that are dictated by Federal and State mission requirements; (D) a mechanism for adopting scientific and technical mapping standards for pre- paring and publishing general- and special- purpose geologic maps to— (i) ensure uniformity of cartographic and scientific conventions; and (ii) provide a basis for assessing the com- parability and quality of map products; and (E) a mechanism for monitoring the inven- tory of published and current mapping inves- tigations nationwide to facilitate planning and information exchange and to avoid re- dundancy. (Pub. L. 102–285, § 6, as added Pub. L. 106–148, § 6, Dec. 9, 1999, 113 Stat. 1722.) Editorial Notes PRIOR PROVISIONS A prior section 31e, Pub. L. 102–285, § 6, May 18, 1992, 106 Stat. 170; Pub. L. 105–36, § 3(d), Aug. 5, 1997, 111 Stat. 1110, provided for the prep

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