§1604 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

Within 1 year after December 27, 2020, the President must send Congress a plan showing how the executive branch will run programs and set up offices for a national materials policy. The plan must include program and budget proposals and an organizational setup that covers White House policy work, ongoing long-term studies of materials use and supply stability, regular private-sector input, and Cabinet-level coordination. The plan must also recommend how to collect and share long-range domestic and international materials data (including considering a separate materials statistics agency) and suggest laws or administrative actions to fix policy conflicts and create needed programs and institutions. Under the National Science and Technology law, the Director of the Office of Science and Technology Policy must coordinate federal materials research through the National Science and Technology Council, focus on long-term science-and-technology related materials needs and R&D, and prepare a five-year national materials needs assessment that is updated each year and, where possible, extended in 10- and 25-year steps. The Secretary of Commerce must, within 1 year after December 27, 2020, report to Congress on critical materials needs and recommend programs, including an assessment of economic stockpiles, and must evaluate supply adequacy for security, the economy, public health, and industry. The Secretary of Defense must report to Congress within 1 year after December 27, 2020, on national-security materials needs, steps to meet them, and an assessment of the Defense Production Act and the Strategic and Critical Materials Stock Piling Act, and update that report as needed. The Secretary of the Interior must quickly strengthen the USGS’s work on international mineral supplies, increase its mining and metallurgical research on critical minerals, and improve mineral data for federal land decisions. The Interior Department will collect and analyze mineral information from industry, academia, and other agencies; raw, company-level data cannot be released outside the Department without the provider’s consent, except it may be shared as non-aggregated data with federal defense agencies or Congress on official request.

Title 30, §1604

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)Within 1 year after December 27, 2020, the President shall submit to the Congress—

(1)a program plan to implement such existing or prospective proposals and organizational structures within the executive branch as he finds necessary to carry out the provisions set forth in section 1602 and 1603 of this title. The plan shall include program and budget proposals and organizational structures providing for the following minimum elements:

(A)policy analysis and decision determination within the Executive Office of the President;

(B)continuing long-range analysis of materials use to meet national security, economic, industrial and social needs; the adequacy and stability of supplies; and the industrial 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, analysis, and dissemination of information concerning domestic and international long-range materials demand, supply and needs, including consideration of the establishment of a separate materials information agency patterned after the Bureau of Labor Statistics; and

(3)recommendations for legislation and administrative initiatives necessary to reconcile policy conflicts and to establish programs and institutional structures necessary to achieve the goals of a national materials policy.

(b)In accordance with the provisions of the National Science and Technology Policy, Organization, 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 Technology Council coordinate Federal materials research and development and related activities in accordance with the policies and objectives 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 materials needs related to scientific and technological 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)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 assesses critical materials needs and that recommends programs that would assist in meeting such needs, including an assessment of economic stockpiles; and

(2)assess the adequacy and stability of the supply of materials necessary to maintain national security, economic well-being, public health, and industrial production.

(d)The Secretary of Defense, together with such other members of the Cabinet as are deemed necessary by the President, shall prepare a report assessing critical materials needs related to national security and identifying the steps necessary to meet those needs. The report shall include 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 Critical 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 periodically as deemed necessary.

(e)The Secretary of the Interior shall promptly initiate actions to—

(1)improve the capacity of the United States Geological Survey to assess international minerals supplies;

(2)increase the level of mining and metallurgical research by the United States Geological Survey in critical and strategic minerals; and

(3)improve the availability and analysis of mineral data in Federal land use decisionmaking.

(f)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 agencies. 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 production or large-scale consumption shall not be disclosed outside of the Department of the Interior 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 disclosure of such data and information by the donor: Provided, however, That the Secretary may disclose nonaggregated data and information to Federal defense agencies, or to the Congress upon official request for appropriate purposes.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Science and Technology Policy, Organization, 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 classification 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 subchapter III (§ 98 et seq.) of chapter 5 of Title 50. For complete classification of this Act to the Code, see section 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 appearing, 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 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), substituted “National Science and Technology Council” for “Federal Coordinating Council for Science, Engineering, and Technology”. Subsec. (c). Pub. L. 116–260, § 7002(m)(1)(C)(i), in introductory provisions, struck out “the Federal Emergency Management Administration, the Secretary of the Interior, 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 subsection, 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, economic 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 substituting “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 amendment 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 necessary, to ensure an adequate and stable supply of materials to meet national security, economic well-being and industrial production needs.” Subsec. (e). Pub. L. 116–260, § 7002(m)(1)(D), substituted “United States Geological Survey” for “Bureau of Mines” in pars. (1) and (2).

§1604 Program Administration