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

Page 237 TITLE 30—MINERAL LANDS AND MINING § 1230a 1 So in original. Probably should be ‘‘of the’’. 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 there- after’’. Statutory Notes and Related Subsidiaries 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 require- ment 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 Organi- zation 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 Pub. L. 100–483, § 11, Oct. 12, 1988, 102 Stat. 2341, di- rected Committee on Mining and Mineral Resources Research to submit a report to Congress by Jan. 15, 1992, on programs established under this subchapter, in- cluding reviews of activities of the institutes and ge- neric mineral technology centers established under this subchapter, each institute’s and center’s eligibility pursuant to section 1230 of this title, and recommenda- tions on establishing new generic mineral technology centers, as well as phasing out or consolidating exist- ing 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 eligi- bility of a college or university to participate as a mining and mineral resources research insti- tute under this subchapter using criteria which include— (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 achieve- ment; (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 ac- credited by the Accreditation Board for Engi- neering and Technology, or evidence of equiva- lent institutional capability as determined by the Committee. (b)(1) Notwithstanding the provisions of sub- section (a), those colleges or universities which, on October 12, 1988, have a mining or mineral re- sources research institute program which has been found to be eligible pursuant to this sub- chapter shall continue to be eligible subject to review at least once during the period author- ized by the Mining and Mineral Resources Re- search Institute Amendments of 1988, under the provisions of subsection (a). 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 Amend- ments of 1988. (2) Generic mineral technology centers estab- lished by the Secretary under this subchapter are to be composed of institutes eligible pursu- ant to subsection (a). Existing generic mineral technology centers shall continue to be eligible under this subchapter subject to at least one re- view prior to January 15, 1992, pursuant to sec- tion 11(a)(3) of the Mining and Mineral Re- sources 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.) Editorial Notes REFERENCES IN TEXT The Mining and Mineral Resources Research Insti- tute 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 Re- search Institute Amendments of 1988 is set out as a note under section 1229 of this title. For complete clas- sification 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 Min- eral 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 fol- lows: ‘‘Notwithstanding the provisions of subsection (a) of this section, those colleges or universities which, on August 29, 1984, have a mining or mineral resources re- search institute program which has been found to be el- igible pursuant to title III of the Surface Mining Con- trol 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.’’ § 1230a. Strategic Resources Generic Mineral Technology Center (a) Establishment The Secretary of 1 Interior is authorized and directed to establish a Strategic Resources Min- eral 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 min- erals. (b) Functions The center shall— (1) provide for studies and technology devel- opment in the areas of mineral extraction and Page 238 TITLE 30—MINERAL LANDS AND MINING § 1231 refining processes, product substitution and conservation of mineral resources through re- cycling and advanced processing and fabrica- tion 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 re- ferred to in subsection (a) at a university that— (1) does not currently host a generic mineral technology center; (2) has established advanced degree pro- grams 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 sec- tion. (Pub. L. 98–409, § 12, as added Pub. L. 101–498, § 2, Nov. 2, 1990, 104 Stat. 1207.) Editorial Notes CODIFICATION Section was enacted as part of the Mining and Min- eral 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 (herein- after 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; (2) any user charge imposed on or for land reclaimed pursuant to this subchapter after expenditures for maintenance have been de- ducted; (3) donations by persons, corporations, asso- ciations, 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 sub- section (e). (c) Use of moneys Moneys in the fund may be used for the fol- lowing purposes: (1) reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to rec- lamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; seal- ing and filling abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treat- ment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment plants; prevention, abate- ment, and control of burning coal refuse dis- posal areas and burning coal in situ; preven- tion, abatement, and control of coal mine sub- sidence; and establishment of self-sustaining, individual State administered programs to in- sure private property against damages caused by land subsidence resulting from under- ground 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 seal- ing 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 rec- lamation 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 pur- poses 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 accom- plish the purposes of this subchapter. (d) Availability of moneys; no fiscal year limita- tion (1) In general Moneys from the fund for expenditures under subparagraphs (A) through (D) of sec- tion 1232(g)(3) of this title shall be available only when appropriated for those subpara- graphs. (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).