"(5) shall not be construed to constitute a waiver of any rights of the United States with respect to coalbed methane production that is not subject to subsection (a); and "(6) shall not limit the right of any person who entered into a contract or lease before the date of enactment of this Act [Nov. 10, 1998], or enters into a contract or lease on or after the date of enactment of this Act. for coal owned by the United States, to mine and remove the coal and to release coalbed methane without liability to any person referred to in subsection (a)(1)(A) or (a)(2).” Similar provisions were contained in Pub. L. 105-277, div. A, §101(e) [title III, §349], Oct. 21, 1998, 112 Stat. 2681-231, 2681-300. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 48, 49, 171, 351, 355, 505, 529, 530, 541e, 1003, 1004, 1005, 1256, 1292, 1721, 1721a of this title; title 10 section 7439; title 16 sections 90c-1, 460q-5, 460v-4, 460dd-2, 460/1-3, 460mm-1, 460uu-46, 5441, 3148, 3149, 3183; title 25 sections 398e, 459c, 459d, 640d-10; title 43 sections 299, 315f, 1608, 1633, 1714, 1747. SUBCHAPTER I-GENERAL PROVISIONS §185. Rights-of-way for pipelines through Federal lands [See main edition for text of (a) to (r)] (s) Exports of Alaskan North Slope oil (1) Subject to paragraphs (2) through (6) of this subsection and notwithstanding any other provision of this chapter or any other provision of law (including any regulation) applicable to the export of oil transported by pipeline over rightof-way granted pursuant to section 1652 of title 43, such oil may be exported unless the President finds that exportation of this oil is not in the national interest. The President shall make his national interest determination within five months of November 28, 1995. In evaluating whether exports of this oil are in the national interest, the President shall at a minimum consider (A) whether exports of this oil would diminish the total quantity or quality of petroleum available to the United States; (B) the results of an appropriate environmental review, including consideration of appropriate measures to mitigate any potential adverse effects of exports of this oil on the environment, which shall be completed within four months of November 28, 1995; and (C) whether exports of this oil are likely to cause sustained material oil supply shortages or sustained oil prices significantly above world market levels that would cause sustained material adverse employment effects in the United States or that would cause substantial harm to consumers, including noncontiguous States and Pacific territories. If the President determines that exports of this oil are in the national interest, he may impose such terms and conditions (other than a volume limitation) as are necessary or appropriate to ensure that such exports are consistent with the national interest. (2) Except in the case of oil exported to a country with which the United States entered into a bilateral international oil supply agreement before November 26, 1979, or to a country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency, any oil transported by pipeline over right-ofway granted pursuant to section 1652 of title 43 shall, when exported, be transported by a vessel documented under the laws of the United States and owned by a citizen of the United States (as determined in accordance with section 802 of title 46, Appendix. (3) Nothing in this subsection shall restrict the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), or Part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271-76) to prohibit exports. (4) The Secretary of Commerce shall issue any rules necessary for implementation of the President's national interest determination, including any licensing requirements and conditions, within 30 days of the date of such determination by the President. The Secretary of Commerce shall consult with the Secretary of Energy in administering the provisions of this subsection. (5) If the Secretary of Commerce finds that exporting oil under authority of this subsection has caused sustained material oil supply shortages or sustained oil prices significantly above world market levels and further finds that these supply shortages or price increases have caused or are likely to cause sustained material adverse employment effects in the United States, the Secretary of Commerce, in consultation with the Secretary of Energy, shall recommend, and the President may take, appropriate action concerning exports of this oil, which may include modifying or revoking authority to export such oil. (6) Administrative action under this subsection is not subject to sections 551 and 553 through 559 of title 5. [See main edition for text of (t) to (v)] (w) Reports [See main edition for text of (1) to (3)] (4) Repealed. Pub. L. 104-66, title I, §1121(k), Dec. 21, 1995, 109 Stat. 724. [See main edition for text of (x) and (y)] (As amended Pub. L. 104-58, title II, §201, Nov. 28, 1995, 109 Stat. 560; Pub. L. 104-66, title I, § 1121(k), Dec. 21, 1995, 109 Stat. 724.) REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsec. (s)(3), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626, as amended, which is classified generally to chapter 35 (§1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. The National Emergencies Act, referred to in subsec. (s)(3), is Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables. The Energy Policy and Conservation Act, referred to in subsec. (s)(3), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended. Part B of title II of the Act is classified generally to part B (§ 6271 et seq.) of subchapter II of chapter 77 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 6201 of Title 42 and Tables. AMENDMENTS 1995 Subsec. (s). Pub. L. 104-58 amended heading and text of subsec. (s) generally. Prior to amendment, subsec. (s) provided that the Secretary of Interior, in consultation with Federal and State agencies, review need for national system of transportation and utility corridors across Federal lands and report to Congress and the President by July 1, 1975. Subsec. (w)(4). Pub. L. 104-66 struck out par. (4) which read as follows: "The Secretary of the Department of Transportation shall report annually to the President, the Congress, the Secretary of the Interior, and the Secretary of Energy any potential dangers of or actual explosions, or potential or actual spillage on Federal lands and shall include in such report a statement of corrective action taken to prevent such explosion or spillage." CHANGE OF NAME Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. REIMBURSEMENT OF ADMINISTRATIVE AND OTHER COSTS Pub. L. 105-277, div. A, § 101(e) [title II], Oct. 21, 1998, 112 Stat. 2681-231, 2681-272, provided that: "Notwithstanding any other provision of law, hereafter money collected, in advance or otherwise, by the Forest Service under authority of section 101 of Public Law 93-153 (30 U.S.C. 185(1)[(7)]) as reimbursement of administrative and other costs incurred in processing pipeline right-of-way or permit applications and for costs incurred in monitoring the construction, operation, maintenance, and termination of any pipeline and related facilities, may be used to reimburse the applicable appropriation to which such costs were originally charged." Similar provisions were contained in the following prior appropriation acts: Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1576. Pub. L. 104-208, div. A, title I, § 101(d) [title II], Sept. 30, 1996, 110 Stat. 3009-181, 3009-208. Pub. L. 104-134, title I, § 101(c) [title II], Apr. 26, 1996, 110 Stat. 1321-156, 1321-184; renumbered title I, Pub. L. 104-140, §1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103-332, title II, Sept. 30. 1994, 108 Stat. 2524. GAO REPORT Section 202 of Pub. L. 104-58 provided that: "(a) REVIEW.-The Comptroller General of the United States shall conduct a review of energy production in California and Alaska and the effects of Alaskan North Slope oil exports, if any, on consumers, independent refiners, and shipbuilding and ship repair yards on the West Coast and in Hawaii. The Comptroller General shall commence this review three years after the date of enactment of this Act [Nov. 28, 1995] and, within twelve months after commencing the review, shall provide a report to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources and the Committee on Commerce of the House of Representatives. "(b) CONTENTS OF REPORT.-The report shall contain a statement of the principal findings of the review and recommendations for Congress and the President to address job loss in the shipbuilding and ship repair industry on the West Coast, as well as adverse impacts on consumers and refiners on the West Coast and in Hawaii, that the Comptroller General attributes to Alaska North Slope oil exports." EXPORTS OF ALASKAN NORTH SLOPE (ANS) CRUDE OIL Memorandum of President of the United States, Apr. 28, 1996, 61 F.R. 19507, provided: Memorandum for the Secretary of Commerce [and] the Secretary of Energy Pursuant to section 28(s) of the Mineral Leasing Act, as amended, 30 U.S.C. 185, I hereby determine that exports of crude oil transported over right-of-way granted pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act [43 U.S.C. 1652] are in the national interest. In making this determination, I have taken into account the conclusions of an interagency working group, which found that such oil exports: -will not diminish the total quantity or quality of petroleum available to the United States; and -are not likely to cause sustained material oil supply shortages or sustained oil price increases significantly above world market levels that would cause sustained material adverse employment effects in the United States or that would cause substantial harm to consumers, including those located in noncontiguous States and Pacific Territories. I have also considered the interagency group's conclusions regarding potential environmental impacts of lifting the ban. Based on their findings and recommendations. I have concluded that exports of such crude oil will not pose significant risks to the environment if certain terms and conditions are met. Therefore, pursuant to section 28(s) of the Mineral Leasing Act I direct the Secretary of Commerce to promulgate immediately a general license, or a license exception, authorizing exports of such crude oil, subject to appropriate documentation requirements, and consistent with the following conditions: -tankers exporting ANS exports must use the same route that they do for shipments to Hawaii until they reach a point 300 miles due south of Cape Hinchinbrook Light and then turn toward Asian destinations. After reaching that point, tankers in the ANS oil trade must remain outside of the 200 nautical-miles Exclusive Economic Zone of the United States as defined in the Fisheries Conservation and Management Act (16 U.S.C. 1811) [probably means the Magnuson-Stevens Fishery Conservation and Management Act]. This condition also applies to tankers returning from foreign ports to Valdez, Alaska. Exceptions can be made at the discretion of the vessel master only to ensure the safety of the vessel; -that export tankers be equipped with satellitebased communications systems that will enable the Coast Guard independently to determine their location. The Coast Guard will conduct appropriate monitoring of the tankers, a measure that will ensure compliance with the 200-mile condition, and help the Coast Guard respond quickly to any emergencies; -the owner or operator of an Alaskan North Slope crude oil export tankship shall maintain a Critical Area Inspection Plan for each tankship in the trade in accordance with the U.S. Coast Guard's Navigation and Inspection Circular No. 15-91 as amended, which shall include an annual internal survey of the vessel's cargo block tanks; and -the owner or operator of an Alaskan North Slope crude oil export tankship shall adopt a mandatory program of deep water ballast exchange (i.e., in 2,000 meters water depth). Exceptions can be made at the discretion of the captain only in order to ensure the safety of the vessel. Recordkeeping subject to Coast Guard audit will be required as part of this regime. The Secretary of Commerce is authorized and directed to inform the appropriate committees of the Congress of this determination and to publish it in the Federal Register. WILLIAM J. CLINTON. § 188. Failure to comply with provisions of lease CHANGE OF NAME Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. § 191. Disposition of moneys received SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 241, 275, 285, 292, 355, 541f, 1019, 1721, 1735 of this title; title 10 sections 7421, 7435, 7439; title 16 sections 46071-3, 470h; title 31 section 6903; title 43 section 1747. § 191b. Collection of unpaid and underpaid royalties and late payment interest owed by lessees Beginning in fiscal year 1996 and thereafter, the Secretary shall take appropriate action to collect unpaid and underpaid royalties and late payment interest owed by Federal and Indian mineral lessees and other royalty payors on amounts received in settlement or other resolution of disputes under, and for partial or complete termination of, sales agreements for minerals from Federal and Indian leases. (Pub. L. 104-134, title I, §101(c) [title I], Apr. 26, 1996, 110 Stat. 1321-156, 1321-167; renumbered title I, Pub. L. 104-140, §1(a), May 2, 1996, 110 Stat. 1327.) CODIFICATION Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which comprises this chapter. SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation act: Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2508. SUBCHAPTER II-COAL § 208-2. Repealed. Pub. L. 104–66, title I, § 1091(e), Dec. 21, 1995, 109 Stat. 722 Section, act Feb. 25, 1920, ch. 85, §8B, as added Aug. 4, 1976, Pub. L. 94-377, §8, 90 Stat. 1089, related to reports to Congress on leasing and production of coal lands, contents, recommendations, and reports by Attorney General on competition in the coal industry and on effectiveness of antitrust laws. SUBCHAPTER IV-OIL AND GAS § 226. Lease of oil and gas lands [See main edition for text of (a) to (i)] (j) Drainage agreements; primary term of lease, extension Whenever it appears to the Secretary that lands owned by the United States are being drained of oil or gas by wells drilled on adjacent lands, he may negotiate agreements whereby the United States, or the United States and its CHAPTER 22-MINE SAFETY AND HEALTH SUBCHAPTER IV-BLACK LUNG BENEFITS PART B-CLAIMS FOR BENEFITS FILED ON OR BEFORE DECEMBER 31, 1973 PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 902, 936, 940, 945 of this title; title 31 section 3716. § 923. Filing of notice of claim SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 902 of this title; title 31 section 3716. PART C-CLAIMS FOR BENEFITS AFTER DECEMBER 31, 1973 § 936. Regulations and reports [See main edition for text of (a)] (b) Annual reports to Congress At the end of each fiscal year, the Commissioner of Social Security shall submit to the Congress an annual report upon the subject matter of part B of this subchapter, and, after January 1, 1974, the Secretary of Labor shall also submit such a report upon the subject matter of this part. Each such report shall be prepared and submitted to Congress in accordance with the requirement with respect to submission under section 942 of title 33. [See main edition for text of (c)] (As amended Pub. L. 104-66, title I, §1102(b)(2), Dec. 21, 1995, 109 Stat. 723.) REFERENCES IN TEXT Section 942 of title 33, referred to in subsec. (b), was in the original "section 42 of the Longshore Harbor Worker's Compensation Act" and was translated as reading "section 42 of the Longshore and Harbor Workers' Compensation Act" to reflect the probable intent of Congress. AMENDMENTS 1995-Subsec. (b). Pub. L. 104-66 substituted "At the end of each fiscal year, the" for "Within 120 days following the convening of each session of Congress the" and inserted at end "Each such report shall be prepared and submitted to Congress in accordance with the requirement with respect to submission under section 942 of title 33." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 33 section 942. SUBCHAPTER V-ADMINISTRATIVE PROVISIONS § 962. Acceptance of contributions and prosecution of projects; cooperative programs to promote health and safety education and training; use of funds for costs of mine rescue and survival operations [See main edition for text] (Pub. L. 106-113, div. B, §1000(a)(4) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A-223.) SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 105-277, div. A, § 101(f) [title I], Oct. 21, 1998, 112 Stat. 2681-337, 2681-344. Pub. L. 105-78, title I, Nov. 13, 1997, 111 Stat. 1475. Pub. L. 104-208, div. A, title I, §101(e) [title I], Sept. 30, 1996, 110 Stat. 3009-233, 3009-240. Pub. L. 104-134. title I, §101(d) [title I], Apr. 26, 1996, 110 Stat. 1321-211, 1321-218; renumbered title I, Pub. L. 104-140, §1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103-333, title I, Sept. 30, 1994, 108 Stat. 2545. 1995 Subsec. (a). Pub. L. 104-66 struck out subsec. (a) which read as follows: "The Chairman of the Project shall submit to the President and the Congress full and complete annual reports of the activities of the Project, including such projections and estimates as may be necessary to evaluate the progress of the national geothermal energy research, development and demonstration program and to provide the basis for as accurate a judgment as is possible concerning the extent to which the objectives of this chapter will have been achieved by June 30, 1980." CHAPTER 25-SURFACE MINING CONTROL AND RECLAMATION SUBCHAPTER I-STATEMENT OF FINDINGS AND POLICY § 1201. Congressional findings SHORT TITLE Pub. L. 98-409, §11, as added by Pub. L. 100-483, § 12, Oct. 12, 1988, 102 Stat. 2341; amended by Pub. L. 104-312, §1(b), Oct. 19, 1996, 110 Stat. 3819, provided that: "This Act [enacting subchapter III of this chapter] may be cited as the 'Mining and Mineral Resources Institutes Act'." SUBCHAPTER II-OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT § 1211. Office of Surface Mining Reclamation and Enforcement TRAVEL AND PER DIEM EXPENSES Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1793, provided: "That notwithstanding any other provisions of law, appropriations for the Office of Surface Mining Reclamation and Enforcement may, hereafter, provide for the travel and per diem expenses of State and tribal personnel attending OSMRE sponsored training". Similar provisions were contained in the following appropriations acts: Pub. L. 106-113, div. B. §1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A-147. Pub. L. 105-277, div. A. § 101(e) [title I], Oct. 21, 1998. 112 Stat. 2681-231, 2681-244.s Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1553. Pub. L. 104-208, div. A, title I, §101(d) [title I], Sept. 30, 1996, 110 Stat. 3009-181, 3009-191. Pub. L. 104-134, title I, § 101(c) [title I], Apr. 26, 1996, 110 Stat. 1321-156, 1321-168; renumbered title I, Pub. L. 104-140, §1(a), May 2, 1996, 110 Stat. 1327. SUBCHAPTER III-STATE MINING AND MINERAL RESOURCES RESEARCH INSTITUTES § 1221. Authorization of State allotments to institutes SHORT TITLE For short title of Pub. L. 98-409, which enacted this subchapter, as the Mining and Mineral Resources Institutes Act, see section 11 of Pub. L. 98-409, as amended, set out as a note under section 1201 of this title. §1222. Research funds to institutes (a) Authorization of appropriations There is authorized to be appropriated to the Secretary not more than $15,000,000 for each of the fiscal years ending September 30, 1990, through September 30, 1994, which shall remain available until expended. Such funds when appropriated shall be made available to an institute or to institutes participating in a generic mineral technology center to meet the necessary expenses for purposes of [See main edition for text of (1) and (2)] There is authorized to be appropriated to the Secretary not more than $1,800,000 for each of the fiscal years after fiscal year 1996 to be made available by the Secretary to an institute or institutes experienced in investigating the continental shelf regions of the United States, the deep seabed and near shore environments of islands, and the Arctic and cold water regions as a source for nonfuel minerals. Such funds are to be used by the institute or institutes to assist in developing domestic technological capabilities required for the location of, and the efficient and environmentally sound recovery of, minerals (other than oil and gas) from the Nation's shallow and deep seabed. [See main edition for text of (b) to (e)] (As amended Pub. L. 104–312, §1(a), Oct. 19, 1996, 110 Stat. 3819.) AMENDMENTS 1996 Subsec. (a). Pub. L. 104-312 inserted at end "There is authorized to be appropriated to the Sec retary not more than $1,800,000 for each of the fiscal years after fiscal year 1996 to be made available by the Secretary to an institute or institutes experienced in investigating the continental shelf regions of the United States, the deep seabed and near shore environments of islands, and the Arctic and cold water regions as a source for nonfuel minerals. Such funds are to be used by the institute or institutes to assist in developing domestic technological capabilities required for the location of, and the efficient and environmentally sound recovery of, minerals (other than oil and gas) from the Nation's shallow and deep seabed." SUBCHAPTER IV-ABANDONED MINE RECLAMATIONS § 1231. Abandoned Mine Reclamation Fund ABANDONED MINE RECLAMATION FUND; DEPOSIT AND EXPENDITURE OF CERTAIN DONATIONS Pub. L. 105-277. div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681-231, 2681-245, provided in part: “That hereafter, donations received to support projects under the Appalachian Clean Streams Initiative and under the Western Mine Lands Restoration Partnerships Initiative, pursuant to 30 U.S.C. 1231, shall be credited to this account and remain available until expended without further appropriation for projects sponsored under these initiatives, directly through agreements with other Federal agencies, or through grants to States, and funding to local governments, or tax exempt private entities." SUBCHAPTER V-CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING § 1251a. Abandoned coal refuse sites CHANGE OF NAME Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2. The Congress. SUBCHAPTER VII-ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS § 1291. Definitions For the purposes of this chapter [See main edition for text of (1) to (31)] (32) the term "institution of higher education" as used in subchapters VIII and IX of this chapter, means any such institution as defined by section 1001 of title 20; [See main edition for text of (33) and (34)] (As amended Pub. L. 105-244, title I, § 102(a)(10), Oct. 7, 1998, 112 Stat. 1620.) |