US (United States) Code. Title 30. Chapter 28: Materials and minerals policy, research and development

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Mineral lands and mining

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30 USC CHAPTER 28 - MATERIALS AND MINERALS POLICY,

RESEARCH, AND DEVELOPMENT 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND

DEVELOPMENT

-HEAD-

CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND

DEVELOPMENT

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Sec.

1601. Congressional statement of findings; "materials"

defined.

1602. Congressional declaration of policies.

1603. Implementation of policies.

1604. Program administration.

(a) President; preparation of plan and submission

to Congress of report.

(b) Director of Office of Science and Technology

Policy; coordination, etc., activities.

(c) Secretary of Commerce; consultative, etc.,

requirements; identification and assessment

activities.

(d) Secretary of Defense and other Cabinet members;

assessment, etc., activities.

(e) Secretary of the Interior; initiation of

actions; report.

(f) Secretary of the Interior; collection,

evaluation, and analysis activities concerning

information.

1605. Applicability to other statutory national mining and

minerals policies.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1803, 1804 of this title.

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30 USC Sec. 1601 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND

DEVELOPMENT

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Sec. 1601. Congressional statement of findings; "materials" defined

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(a) The Congress finds that -

(1) the availability of materials is essential for national

security, economic well-being, and industrial production;

(2) the availability of materials is affected by the stability

of foreign sources of essential industrial materials, instability

of materials markets, international competition and demand for

materials, the need for energy and materials conservation, and

the enhancement of environmental quality;

(3) extraction, production, processing, use, recycling, and

disposal of materials are closely linked with national concerns

for energy and the environment;

(4) the United States is strongly interdependent with other

nations through international trade in materials and other

products;

(5) technological innovation and research and development are

important factors which contribute to the availability and use of

materials;

(6) the United States lacks a coherent national materials

policy and a coordinated program to assure the availability of

materials critical for national economic well-being, national

defense, and industrial production, including interstate commerce

and foreign trade; and

(7) notwithstanding the enactment of section 21a of this title,

the United States does not have a coherent national materials and

minerals policy.

(b) As used in this chapter, the term "materials" means

substances, including minerals, of current or potential use that

will be needed to supply the industrial, military, and essential

civilian needs of the United States in the production of goods or

services, including those which are primarily imported or for which

there is a prospect of shortages or uncertain supply, or which

present opportunities in terms of new physical properties, use,

recycling, disposal or substitution, with the exclusion of food and

of energy fuels used as such.

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(Pub. L. 96-479, Sec. 2, Oct. 21, 1980, 94 Stat. 2305.)

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SHORT TITLE

Section 1 of Pub. L. 96-479 provided: "That this Act [enacting

this chapter] may be cited as the 'National Materials and Minerals

Policy, Research and Development Act of 1980'."

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1811 of this title.

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30 USC Sec. 1602 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND

DEVELOPMENT

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Sec. 1602. Congressional declaration of policies

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The Congress declares that it is the continuing policy of the

United States to promote an adequate and stable supply of materials

necessary to maintain national security, economic well-being and

industrial production with appropriate attention to a long-term

balance between resource production, energy use, a healthy

environment, natural resources conservation, and social needs. The

Congress further declares that implementation of this policy

requires that the President shall, through the Executive Office of

the President, coordinate the responsible departments and agencies

to, among other measures -

(1) identify materials needs and assist in the pursuit of

measures that would assure the availability of materials critical

to commerce, the economy, and national security;

(2) establish a mechanism for the coordination and evaluation

of Federal materials programs, including those involving research

and development so as to complement related efforts by the

private sector as well as other domestic and international

agencies and organizations;

(3) establish a long-range assessment capability concerning

materials demands, supply and needs, and provide for the policies

and programs necessary to meet those needs;

(4) promote a vigorous, comprehensive, and coordinated program

of materials research and development consistent with the

policies and priorities set forth in the National Science and

Technology Policy, Organization, and Priorities Act of 1976 (42

U.S.C. 6601 et seq.);

(5) promote cooperative research and development programs with

other nations for the equitable and frugal use of materials and

energy;

(6) promote and encourage private enterprise in the development

of economically sound and stable domestic materials industries;

and

(7) encourage Federal agencies to facilitate availability and

development of domestic resources to meet critical materials

needs.

-SOURCE-

(Pub. L. 96-479, Sec. 3, Oct. 21, 1980, 94 Stat. 2305.)

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REFERENCES IN TEXT

The National Science and Technology Policy, Organization, and

Priorities Act of 1976, referred to in par. (4), is Pub. L. 94-282,

May 11, 1976, 90 Stat. 459, as amended, which is classified

principally to chapter 79 (Sec. 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.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1603, 1604, 1605 of this

title.

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30 USC Sec. 1603 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND

DEVELOPMENT

-HEAD-

Sec. 1603. Implementation of policies

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For the purpose of implementing the policies set forth in section

1602 of this title and the provisions of section 1604 of this

title, the Congress declares that the President shall, through the

Executive Office of the President, coordinate the responsible

departments and agencies, and shall -

(1) direct that the responsible departments and agencies

identify, assist, and make recommendations for carrying out

appropriate policies and programs to ensure adequate, stable, and

economical materials supplies essential to national security,

economic well-being, and industrial production;

(2) support basic and applied research and development to

provide for, among other objectives -

(A) advanced science and technology for the exploration,

discovery, and recovery of nonfuel materials;

(B) enhanced methods or processes for the more efficient

production and use of renewable and nonrenewable resources;

(C) improved methods for the extraction, processing, use,

recovery, and recycling of materials which encourage the

conservation of materials, energy, and the environment; and

(D) improved understanding of current and new materials

performance, processing, substitution, and adaptability in

engineering designs;

(3) provide for improved collection, analysis, and

dissemination of scientific, technical and economic materials

information and data from Federal, State, and local governments

and other sources as appropriate;

(4) assess the need for and make recommendations concerning the

availability and adequacy of supply of technically trained

personnel necessary for materials research, development,

extraction, harvest and industrial practice, paying particular

regard to the problem of attracting and maintaining high quality

materials professionals in the Federal service;

(5) establish early warning systems for materials supply

problems;

(6) recommend to the Congress appropriate measures to promote

industrial innovation in materials and materials technologies;

(7) encourage cooperative materials research and

problem-solving by -

(A) private corporations performing the same or related

activities in materials industries; and

(B) Federal and State institutions having shared interests or

objectives;

(8) assess Federal policies which adversely or positively

affect all stages of the materials cycle, from exploration to

final product recycling and disposal including but not limited

to, financial assistance and tax policies for recycled and virgin

sources of materials and make recommendations for equalizing any

existing imbalances, or removing any impediments, which may be

created by the application of Federal law and regulations to the

market for materials; and

(9) assess the opportunities for the United States to promote

cooperative multilateral and bilateral agreements for materials

development in foreign nations for the purpose of increasing the

reliability of materials supplies to the Nation.

-SOURCE-

(Pub. L. 96-479, Sec. 4, Oct. 21, 1980, 94 Stat. 2306.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1604 of this title.

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30 USC Sec. 1604 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND

DEVELOPMENT

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Sec. 1604. Program administration

-STATUTE-

(a) President; preparation of plan and submission to Congress of

report

Within 1 year after October 21, 1980, 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 sections 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) Director of Office of Science and Technology Policy;

coordination, etc., activities

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 Federal Coordinating Council for Science,

Engineering, and Technology 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) Secretary of Commerce; consultative, etc., requirements;

identification and assessment activities

The Secretary of Commerce, in consultation with the Federal

Emergency Management Administration, the Secretary of the Interior,

the Secretary of Defense, the Director of the Central Intelligence

Agency, and such other members of the Cabinet as may be appropriate

shall -

(1) 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;

(2) within 1 year after October 21, 1980, submit to the

Congress a report which assesses critical materials needs in the

case identified in paragraph (1) of this subsection, and which

recommends programs that would assist in meeting such needs,

including an assessment of economic stockpiles; and

(3) 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.

(d) Secretary of Defense and other Cabinet members; assessment,

etc., activities

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.), 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 October 21, 1980, and shall be revised

periodically as deemed necessary.

(e) Secretary of the Interior; initiation of actions; report

The Secretary of the Interior shall promptly initiate actions to

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(1) improve the capacity of the United States Bureau of Mines

to assess international minerals supplies;

(2) increase the level of mining and metallurgical research by

the United States Bureau of Mines in critical and strategic

minerals; and

(3) improve the availability and analysis of mineral data in

Federal land use decisionmaking.

A report summarizing actions required by this subsection shall be

made available to the Congress within 1 year after October 21,

1980.

(f) Secretary of the Interior; collection, evaluation, and analysis

activities concerning information

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.

-SOURCE-

(Pub. L. 96-479, Sec. 5, Oct. 21, 1980, 94 Stat. 2307; Pub. L.

102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-

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, as amended, which is classified

principally to chapter 79 (Sec. 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, as amended, which is

classified to section 2061 et seq. of Title 50, Appendix, War and

National Defense. For complete classification of this Act to the

Code, see section 2061 of Title 50, Appendix, and 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, Sec. 2, July 30, 1979, 93 Stat. 319,

which is classified generally to subchapter III (Sec. 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.

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CHANGE OF NAME

"United States Bureau of Mines" substituted for "Bureau of Mines"

in subsec. (e)(1), (2) pursuant to section 10(b) of Pub. L.

102-285, set out as a note under section 1 of this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1603 of this title.

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30 USC Sec. 1605 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 28 - MATERIALS AND MINERALS POLICY, RESEARCH, AND

DEVELOPMENT

-HEAD-

Sec. 1605. Applicability to other statutory national mining and

minerals policies

-STATUTE-

Nothing in this chapter shall be interpreted as changing in any

manner or degree the provisions of and requirements of section 21a

of this title. For the purposes of achieving the objectives set

forth in section 1602 of this title, the Congress declares that the

President shall direct (1) the Secretary of the Interior to act

immediately within the Department's statutory authority to attain

the goals contained in section 21a of this title and (2) the

Executive Office of the President to act immediately to promote the

goals contained in section 21a of this title among the various

departments and agencies.

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(Pub. L. 96-479, Sec. 6, Oct. 21, 1980, 94 Stat. 2309.)

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