§1328 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

The Secretary of the Interior may carry out and speed up research, tests, demonstrations, and training about coal mining methods that reduce surface damage and get more coal. Work covered includes improving underground mining, returning mining waste into mine voids, mining very thick or very deep seams, and making those methods safer and healthier for workers. The Secretary can make contracts and give grants to qualified groups. Up to $35,000,000 is allowed for each fiscal year starting with 1979 and for the next four years. At least 60 days before money is spent on any project each year, the Secretary must, after consulting other federal agencies, publish in the Federal Register a finding that no other agency is already doing or funding the same project. Every year by December 31 the Secretary must report to Congress on the projects, saying what each project is, why it exists, the federal cost, who is doing it and their affiliation, when it should finish, and how it relates to similar projects. Except where patent rules in section 306(d) apply, all data and information from these projects must be made available to the public right away.

Title 30, §1328

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)The Secretary of the Interior is authorized to conduct and promote the coordination and acceleration of, research, studies, surveys, experiments, demonstration projects, and training relating to—

(1)the development and application of coal mining technologies which provide alternatives to surface disturbance and which maximize the recovery of available coal resources, including the improvement of present underground mining methods, methods for the return of underground mining wastes to the mine void, methods for the underground mining of thick coal seams and very deep seams; and

(2)safety and health in the application of such technologies, methods, and means.

(b)In conducting the activities authorized by this section, the Secretary of the Interior may enter into contracts with and make grants to qualified institutions, agencies, organizations, and persons.

(c)There are authorized to be appropriated to the Secretary of the Interior, to carry out the purposes of this section, $35,000,000 for each fiscal year beginning with the fiscal year 1979, and for each year thereafter for the next four years.

(d)At least sixty days before any funds are obligated for any research studies, surveys, experiments or demonstration projects to be conducted or financed under this chapter in any fiscal year, the Secretary of the Interior in consultation with the heads of other Federal agencies having the authority to conduct or finance such projects, shall determine and publish such determinations in the Federal Register that such projects are not being conducted or financed by any other Federal agency. On December 31 of each calendar year, the Secretary shall report to the Congress on the research studies, surveys, experiments or demonstration projects, conducted or financed under this chapter, including, but not limited to, a statement of the nature and purpose of each project, the Federal cost thereof, the identity and affiliation of the persons engaged in such projects, the expected completion date of the projects and the relationship of the projects to other such projects of a similar nature.

(e)Subject to the patent provisions of section 306(d) of this Act,11 See References in Text note below. all information and data resulting from any research studies, surveys, experiments, or demonstration projects conducted or financed under this chapter shall be promptly made available to the public.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 306(d) of this Act, referred to in subsec. (e), was classified to section 1226(d) of this title and was omitted from the Code pursuant to the replacement of subchapter III (§ 1221 et seq.) of this chapter by Pub. L. 98–409. See section 1226(c) of this title.

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (d) of this section relating to requirement that on December 31 of each calendar year, the Secretary report to Congress on research studies, surveys, experiments or demonstration projects, conducted or financed under this chapter, 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 109 of House Document No. 103–7.

Transfer of Functions

“Secretary of the Interior” substituted for “Secretary of Energy” in subsecs. (a) to (d) pursuant to section 100 of Pub. L. 97–257, which is set out as a note under section 7152 of Title 42, The Public Health and Welfare, and which transferred to, and vested in, Secretary of the Interior all functions vested in, or delegated to, Secretary of Energy and Department of Energy under this section. Previously, “Secretary of Energy” was substituted for “Administrator”, meaning Administrator of Energy Research and Development Administration, in subsecs. (a) to (d) pursuant to section 301(a), 703, and 707 of Pub. L. 95–91, which are classified to section 7151(a), 7293, 7297 of Title 42, and which terminated Energy Research and Development Administration and transferred its functions and functions of Administrator thereof (with certain exceptions) to Secretary of Energy.

§1328 Research, development projects, etc., relating to alternative coal mining technologies