r/title-30-MINERAL-LANDS-AND-MINING wiki — defined terms
The statute’s own glossary: every term Title 30 defines, in section order.
“related party” applies in that section
the term “related party” means— (A) the spouse and dependent children (as defined in section 152 of title 26 ), of the claimant; and (B) a person who controls, is controlled by, or is under common control with the claimant. For purposes of this section, the term control includes actual control, legal control, and the power to exercise control, through or by common directors, officers, stockholders, a voting trust, or a holding company or investment company, or any other means.
“geochemical surveys” applies in that section
The term “geochemical surveys” means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of chemistry as they relate to the search for and discovery of mineral deposits;
“geological surveys” applies in that section
The term “geological surveys” means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of geology as they relate to the search for and discovery of mineral deposits;
“geophysical surveys” applies in that section
The term “geophysical surveys” means surveys on the ground for mineral deposits through the employment of generally recognized equipment and methods for measuring physical differences between rock types or discontinuities in geological formations;
“qualified expert” applies in that section
The term “qualified expert” means an individual qualified by education or experience to conduct geological, geochemical or geophysical surveys, as the case may be.
“antitrust law” applies in that section
the term “antitrust law” means— (A) the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies”, approved July 2, 1890 ( 15 U.S.C. 1 et seq.), as amended; (B) the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914 ( 15 U.S.C. 12 et seq.), as amended; (C) the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.), as amended; (D) sections 73 and 74 of the Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes”, approved August 27, 1894 ( 15 U.S.C.
“tar sand” applies in that section
the term “tar sand” means any consolidated or unconsolidated rock (other than coal, oil shale, or gilsonite) that either: (1) contains a hydrocarbonaceous material with a gas-free viscosity, at original reservoir temperature, greater than 10,000 centipoise, or (2) contains a hydrocarbonaceous material and is produced by mining or quarrying.
“eligible lands” applies in that section
the term “eligible lands” means all lands that are subject to leasing under this chapter and are not excluded from leasing by a statutory prohibition, and the term “available”, with respect to eligible lands, means those lands that have been designated as open for leasing under a land use plan developed under section 1712 of title 43 and that have been nominated for leasing through the submission of an expression of interest, are subject to drainage in the absence of leasing, or are otherwise designated as available pursuant to regulations adopted by the Secretary.
“existing mineral lease” applies in that section
the term “existing mineral lease” means any lease in existence at the time land is acquired by the United States. Nothing in this section shall be construed to affect the existing surface management authority of any Federal agency.
“exploration” applies throughout its chapter
the term “exploration” means the search for new or unexplored deposits of minerals, including related development work, within the United States, its Territories and possessions, whether conducted from the surface or underground, using recognized and sound procedures including standard geophysical and geochemical methods for obtaining mineralogical and geological information.
“research” applies throughout its chapter
The term “research” means scientific, technical, and economic research and the practical application of that research.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Energy.
“qualified officer of the United States” applies in that section
the term “qualified officer of the United States” means the Secretary of the Interior or an employee of the Department of the Interior so designated by him: Provided , That the Secretary may delegate his authority to designate qualified officers to the head of any other department or agency of the United States with respect to lands within the administrative jurisdiction of that department or agency.
“covered individual” applies in that section
the term “covered individual” means an individual— (1) who is a member of a mine rescue team or who is otherwise a volunteer with respect to a mine accident; and (2) who is carrying out activities relating to mine accident rescue or recovery operations. (c) Regular employer For purposes of subsection (a),
“regular employer” applies in that section
the term “regular employer” means the entity that is the covered employee’s legal or statutory employer pursuant to applicable State law.
“average concentration” applies throughout its subchapter
the term “average concentration” means a determination which accurately represents the atmospheric conditions with regard to respirable dust to which each miner in the active workings of a mine is exposed (1) as measured, during the 18 month period following December 30, 1969 , over a number of continuous production shifts to be determined by the Secretary and the Secretary of Health and Human Services, and (2) as measured thereafter, over a single shift only, unless the Secretary and the Secretary of Health and Human Services find, in accordance with the provisions of section 811 of this title , that such single shift measurement will not, after applying valid statistical techniques to …
“splice” applies in that section
the term “splice” means the mechanical joining of one or more conductors that have been severed. (e) Permanent splices; quality When permanent splices in trailing cables are made, they shall be— (1) mechanically strong with adequate electrical conductivity and flexibility; (2) effectively insulated and sealed so as to exclude moisture; and (3) vulcanized or otherwise treated with suitable materials to provide flame-resistant qualities and good bonding to the outer jacket. (f) Clamping of cables Trailing cables shall be clamped to machines in a manner to protect the cables from damage and to prevent strain on the electrical connections.
“child” applies throughout its subchapter
The term “child” means a child or a step-child who is— (1) unmarried; and (2) (A) under eighteen years of age, or (B) (i) under a disability as defined in section 423(d) of title 42 , (ii) which began before the age specified in section 402(d)(1)(B)(ii) of title 42 , or, in the case of a student, before he ceased to be a student; or (C) a student.
“claim denied” applies throughout its subchapter
the term “claim denied” means a claim— (1) for benefits under part B of this subchapter that was denied by the official responsible for administration of such part; or (2) in which (A) the claimant was notified by the Department of Labor of an administrative or informal denial more than 1 year prior to March 1, 1978 , and did not, within 1 year from the date of notification of such denial, request a hearing, present additional evidence or indicate an intention to present additional evidence, or (B) the claim was denied under the law in effect prior to March 1, 1978 , following a formal hearing or administrative or judicial review proceeding.
“dependent” applies throughout its subchapter
The term “dependent” means— (1) a child as defined in subsection (g) without regard to subparagraph (2)(B)(ii) thereof; or (2) a wife who is a member of the same household as the miner, or is receiving regular contributions from the miner for her support, or whose husband is a miner who has been ordered by a court to contribute to her support, or who meets the requirements of section 416(b)(1) or (2) of title 42. The determination of an individual’s status as the “wife” of a miner shall be made in accordance with section 416(h)(1) of title 42 as if such miner were the “insured individual” referred to therein.
“fund” applies throughout its subchapter
The term “fund” means the Black Lung Disability Trust Fund established by section 9501 of title 26 . (i) For the purposes of subsections (c) and (j) of section 932 of this title , and for the purposes of paragraph (7) of subsection (d) of section 9501 of title 26 ,
“miner” applies throughout its subchapter
The term “miner” means any individual who works or has worked in or around a coal mine or coal preparation facility in the extraction or preparation of coal. Such term also includes an individual who works or has worked in coal mine construction or transportation in or around a coal mine, to the extent such individual was exposed to coal dust as a result of such employment.;
“pneumoconiosis” applies throughout its subchapter
The term “pneumoconiosis” means a chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment. (c) The term “Secretary”, except where expressly otherwise provided, means the Secretary of Labor.;
“student” applies throughout its subchapter
The term “student” means a “full-time student” as defined in section 402(d)(7) of title 42 , or a “student” as defined in section 8101(17) of title 5 . The determination of an individual’s status as the “child” of the miner or widow, as the case may be, shall be made in accordance with section 416(h)(2) or (3) of title 42 as if such miner or widow were the “insured individual” referred to therein.;
“total disability” applies throughout its subchapter
The term “total disability” has the meaning given it by regulations of the Secretary of Health and Human Services, which were in effect on November 2, 2002 , for claims under part B of this subchapter, and by regulations of the Secretary of Labor for claims under part C of this subchapter, subject to the relevant provisions of subsections (b) and (d) of section 923 of this title , except that— (A) in the case of a living miner, such regulations shall provide that a miner shall be considered totally disabled when pneumoconiosis prevents him or her from engaging in gainful employment requiring the skills and abilities comparable to those of any employment in a mine or mines in which he or …
“widow” applies throughout its subchapter
The term “widow” includes the wife living with or dependent for support on the miner at the time of his death, or living apart for reasonable cause or because of his desertion, or who meets the requirements of section 416(c)(1), (2), (3), (4), or (5), 1 and section 416(k) of title 42 , who is not married. The determination of an individual’s status as the “widow” of a miner shall be made in accordance with section 416(h)(1) of title 42 as if such miner were the “insured individual” referred to therein.
“qualified individual” applies in that section
the term “qualified individual” means such an individual, regardless of whether that individual is a hearing examiner appointed under section 3105 of title 5 . Nothing in this section shall be deemed to imply that there is or is not in effect any authority for such individuals to hear and determine such claims under any provision of law other than this section.
“fund” applies in that section
the term “fund” has the meaning set forth in section 902(h) of this title . (b) (1) If— (A) an amount is paid out of the fund to an individual entitled to benefits under section 932 of this title , and (B) the Secretary determines, under the provisions of sections 932 and 933 of this title, that an operator was required to secure the payment of all or a portion of such benefits, then the operator is liable to the United States for repayment to the fund of the amount of such benefits the payment of which is properly attributed to him plus interest thereon.
“produced or utilized in commercial quantities” applies in that section
the term “produced or utilized in commercial quantities” means the completion of a well producing geothermal steam in commercial quantities. Such term shall also include the completion of a well capable of producing geothermal steam in commercial quantities so long as the Secretary determines that diligent efforts are being made toward the utilization of the geothermal steam.
“enhanced geothermal systems” applies in that section
the term “enhanced geothermal systems” has the meaning given the term in section 17191 of title 42 . (b) USGS program The Secretary of the Interior, acting through the United States Geological Survey, and in consultation with the Secretary of Energy, shall establish a cooperative Government-private sector program with respect to hot dry rock geothermal energy resources on public lands (as such term is defined in section 1702(e) of title 43 ) and lands managed by the Department of Agriculture, other than any such public or other lands that are withdrawn from geothermal leasing.
“1974 UMWA Pension Plan” applies in that section
the term “1974 UMWA Pension Plan” has the meaning given the term in section 9701(a)(3) of title 26 , but without regard to the limitation on participation to individuals who retired in 1976 and thereafter. (5) Availability of funds Funds shall be transferred under paragraphs (1) and (2) beginning in fiscal year 2008 and each fiscal year thereafter, and shall remain available until expended.
“qualified hydrologic unit” applies in that section
the term “qualified hydrologic unit” means a hydrologic unit— (i) in which the water quality has been significantly affected by acid mine drainage from coal mining practices in a manner that adversely impacts biological resources; and (ii) that contains land and water that are— (I) eligible pursuant to section 1234 of this title and include any of the priorities described in section 1233(a) of this title ; and (II) the subject of expenditures by the State from the forfeiture of bonds required under section 1259 of this title or from other States sources to abate and treat acid mine drainage.
“related coal wage agreement” applies in that section
the term “related coal wage agreement” means an agreement between the United Mine Workers of America and an employer in the bituminous coal industry that— (I) is a signatory operator; or (II) is or was a debtor in a bankruptcy proceeding that was consolidated, administratively or otherwise, with the bankruptcy proceeding of a signatory operator or a related person to a signatory operator (as those terms are defined in section 9701(c) of title 26 ).
“amount due” applies in that section
the term “amount due” means the unappropriated amount allocated to a State or Indian tribe before October 1, 2007 , under subparagraph (A) or (B) of section 1232(g)(1) of this title . (C) Schedule (i) In general Payments under subparagraph (A) shall be made in 7 equal annual installments, beginning with fiscal year 2008.
“certified State or Indian tribe” applies in that section
the term “certified State or Indian tribe” means a State or Indian tribe for which a certification is made under subsection (a) in which the Secretary concurs. (3) Manner of payment (A) In general Subject to subparagraph (B), payments to States or Indian tribes under this subsection shall be made without regard to any limitation in section 1231(d) of this title and concurrently with payments to States under that section. (B) Initial payments The first 3 payments made to any State or Indian tribe shall be reduced to 25 percent, 50 percent, and 75 percent, respectively, of the amounts otherwise required under paragraph (2)(A).
“Federal inspector” applies in that section
the term “Federal inspector” means personnel of the Office of Surface Mining Reclamation and Enforcement and such additional personnel of the United States Geological Survey, Bureau of Land Management, or of the Mining Enforcement and Safety Administration so designated by the Secretary, or such other personnel of the Forest Service, Soil Conservation Service, or the Agricultural Stabilization and Conservation Service as arranged by appropriate agreement with the Secretary on a reimbursable or other basis; 2 (f) Interim period Following the final disapproval of a State program, and prior to promulgation of a Federal program or a Federal lands program pursuant to this chapter, including …
“violation” applies in that section
the term “violation” has the same meaning as such term has under subsection (c).
“lands eligible for remining” applies throughout its chapter
the term “lands eligible for remining” means those lands that would otherwise be eligible for expenditures under section 1234 of this title or under section 1232(g)(4) of this title .
“surface owner” applies in that section
the term “surface owner” means the natural person or persons (or corporation, the majority stock of which is held by a person or persons who meet the other requirements of this section) who— (1) hold legal or equitable title to the land surface; (2) have their principal place of residence on the land; or personally conduct farming or ranching operations upon a farm or ranch unit to be affected by surface coal mining operations; or receive directly a significant portion of their income, if any, from such farming or ranching operations; and (3) have met the conditions of paragraphs (1) and (2) for a period of at least three years prior to the granting of the consent.
“school or department of divinity” applies in that section
the term “school or department of divinity” means an institution or department or branch of an institution, whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects.
“antitrust laws” applies in that section
the term “antitrust laws” means the Act of July 2, 1890 (commonly known as the Sherman Act; 15 U.S.C. 1–7 ); sections 73 through 76 of the Act of August 27, 1894 (commonly known as the Wilson Tariff Act; 15 U.S.C. 8–11 ); the Clayton Act ( 15 U.S.C. 12 et seq.); the Act of June 19, 1936 (commonly known as the Robinson-Patman Price Discrimination Act; 15 U.S.C. 13–13b and 21a); and the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.).
“provision of this chapter” applies in that section
the term “provisions of this chapter” or “provision of this chapter” means (1) any provision of subchapter I or II or this subchapter, (2) any regulation issued under subchapter I, subchapter II, or this subchapter, and (3) any term, condition, or restriction of any license or permit issued under subchapter I. (d) Proprietary information Proprietary and privileged information seized or maintained under this subchapter concerning a person or vessel engaged in exploration or commercial recovery shall not be made available for general or public use or inspection.
“provisions of this chapter” applies in that section
the term “provisions of this chapter” or “provision of this chapter” means (1) any provision of subchapter I or II or this subchapter, (2) any regulation issued under subchapter I, subchapter II, or this subchapter, and (3) any term, condition, or restriction of any license or permit issued under subchapter I. (d) Proprietary information Proprietary and privileged information seized or maintained under this subchapter concerning a person or vessel engaged in exploration or commercial recovery shall not be made available for general or public use or inspection.
“international deep seabed treaty” applies in that section
the term “international deep seabed treaty” has the meaning given to such term by section 4498(b) 1 of title 26.
“person” applies throughout its subchapter
the term “person” includes municipalities, electric cooperatives, industrial development agencies, nonprofit organizations, and Indian tribes, as well as the entities included within such term under section 1 of title 1 .
“geothermal resource” applies in that section
the term “geothermal resource” means a resource in the United States including (A) all products of geothermal processes embracing indigenous steam, hot water, and hot brines; (B) steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations; (C) heat or other associated energy found in geothermal formations; and (D) any byproducts derived from them, where “byproduct” means any mineral or minerals (exclusive of oil, hydrocarbon gas, and helium) which are found in solution or in association with other geothermal resources and which have a value of less than 75 per centum of the value of the geothermal steam or are …
“investment” applies in that section
the term “investment” means the expenditure of, and any irrevocable legal obligation to expend, funds (together with the reasonable interest costs thereof) for the purchase or construction of machinery, equipment, and facilities manufactured, or for services contracted to be furnished, for the development and utilization of a geothermal resource in the United States to provide energy in the form of heat for direct use or for generation of electricity;
“other insurance” applies in that section
the term “other insurance” means any combination of private or public insurance other than investment insurance provided by the Secretary under this section;
“person” applies in that section
the term “person” means any public or private agency, institution, association, partnership, corporation, political subdivision, or other legal entity which is a United States citizen as determined by application of the test for United States citizenship contained in section 50501 of title 46 , or in the first sentence of section 27A of the Merchant Marine Act, 1920 ( 46 U.S.C. 883–1(a) –(e)).
“reasonable premiums” applies in that section
the term “reasonable premiums” means premium amounts determined by the Secretary to be reasonable in light of the amount of investment subject to the risk and premiums charged in similar or analogous situations by private insurers where private insurance is concerned and by insurers or guarantors, both public and private, where public insurance is concerned;
“reservoir” applies in that section
the term “reservoir” means the physical subsurface geologic structure which forms the natural repository for the undisturbed geothermal resource; and;
“risk” applies in that section
the term “risk” means the hazard that a reservoir of geothermal resources will cease to provide sufficient quantities of geothermal resources at minimum conditions required to maintain an economically or technically viable operation for utilization of the geothermal resource;
“person” applies in that section
the term “person” includes municipalities, cooperatives, industrial development agencies, nonprofit organizations, and Indian tribes, as well as the districts referred to in subsection (a) and the other entities included within such term under section 1 of title 1 .
“critical mineral” applies throughout its chapter
The term “critical mineral” means any mineral, element, substance, or material designated as critical by the Secretary under section 1606(c) of this title . (2) Materials .—
“materials” applies throughout its 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.
“byproduct” applies in that section
The term “byproduct” means a critical mineral— (A) the recovery of which depends on the production of a host mineral that is not designated as a critical mineral; and (B) that exists in sufficient quantities to be recovered during processing or refining. (2) Critical material
“critical material” applies in that section
The term “critical material” means— (A) any non-fuel mineral, element, substance, or material that the Secretary of Energy determines— (i) has a high risk of a supply chain disruption; and (ii) serves an essential function in 1 or more energy technologies, including technologies that produce, transmit, store, and conserve energy; or (B) a critical mineral. (3) Critical mineral (A) In general
“critical mineral” applies in that section
The term “critical mineral” means any mineral, element, substance, or material designated as critical by the Secretary under subsection (c). (B) Exclusions The term “critical mineral” does not include— (i) fuel minerals; (ii) water, ice, or snow; (iii) common varieties of sand, gravel, stone, pumice, cinders, and clay. (4) Indian Tribe
“Indian Tribe” applies in that section
The term “Indian Tribe” has the meaning given the term in section 5304 of title 25 . (5) Secretary
“institution of higher education” applies in that section
The term “institution of higher education” means— (A) an institution of higher education (as defined in section 1001(a) of title 20 ); or (B) a postsecondary vocational institution (as defined in section 1002(c) of title 20 ).
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Interior. (6) State
“State” applies in that section
The term “State” means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands. (7) Institution of higher education
“critical mineral” applies in that section
the term “critical mineral” has the meaning given the term in section 1606(a) of this title . (b) Sense of Congress It is the sense of Congress that— (1) critical minerals are fundamental to the economy, competitiveness, and security of the United States; (2) many critical minerals are only economic to recover when combined with the production of a host mineral; (3) to the maximum extent practicable, the critical mineral needs of the United States should be satisfied by minerals responsibly produced and recycled in the United States; and (4) the Federal permitting process has been identified as an impediment to mineral production and the mineral security of the United States.
“royalty payment” applies in that section
the term “royalty payment” shall include any payment required by such lease, easement, right of way or other agreement, regardless of form, or by applicable regulation.
“marginal property” applies in that section
the term “marginal property” means a lease that produces on average the combined equivalent of less than 15 barrels of oil per well per day or 90 thousand cubic feet of gas per well per day, or a combination thereof, determined by dividing the average daily production of crude oil and natural gas from producing wells on such lease by the number of such wells, unless the Secretary, together with the State concerned, determines that a different production is more appropriate.
“contract” applies throughout its chapter
The term “contract” has the same meaning as “procurement contract” in section 6303 of title 31 .;
“cooperative agreement” applies throughout its chapter
The term “cooperative agreement” has the same meaning as in section 6305 of title 31 .;
“eligible entity” applies throughout its chapter
The term “eligible entity” means— (A) a research or educational entity chartered or incorporated under Federal or State law; (B) an individual who is a United States citizen; or (C) a State or regional agency.;
“grant” applies throughout its chapter
The term “grant” has the same meaning as “grant agreement” in section 6304 of title 31 .;
“in-kind contribution” applies throughout its chapter
The term “in-kind contribution” means a noncash contribution provided by a non-Federal entity that directly benefits and is related to a specific project or program. An in-kind contribution may include real property, equipment, supplies, other expendable property, goods, and services.;
“marine mineral resource” applies throughout its chapter
The term “marine mineral resource” means— (A) sand and aggregates; (B) placers; (C) phosphates; (D) manganese nodules; (E) cobalt crusts; (F) metal sulfides; (G) for purposes of this section and sections 1902 through 1905 of this title only, methane hydrate; and (H) other marine resources that are not— (i) oil and gas; (ii) fisheries; or (iii) marine mammals.;
“methane hydrate” applies in that section
The term “methane hydrate” means— (A) a methane clathrate that is in the form of a methane-water ice-like crystalline material and is stable and occurs naturally in deep-ocean and permafrost areas; and (B) other natural gas hydrates found in association with deep-ocean and permafrost deposits of methane hydrate.;
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Interior.
“contract” applies throughout its chapter
The term “contract” means a procurement contract within the meaning of section 6303 of title 31 . (2) Cooperative agreement
“cooperative agreement” applies throughout its chapter
The term “cooperative agreement” means a cooperative agreement within the meaning of section 6305 of title 31 . (3) Director
“Director” applies throughout its chapter
The term “Director” means the Director of the National Science Foundation. (4) Grant
“grant” applies throughout its chapter
The term “grant” means a grant awarded under a grant agreement (within the meaning of section 6304 of title 31 ). (5) Industrial enterprise
“industrial enterprise” applies throughout its chapter
The term “industrial enterprise” means a private, nongovernmental enterprise that has an expertise or capability that relates to methane hydrate research and development. (6) Institution of higher education
“institution of higher education” applies throughout its chapter
The term “institution of higher education” means an institution of higher education (as defined in section 1002 of title 20 ). (7) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Energy, acting through the Assistant Secretary for Fossil Energy. (8) Secretary of Commerce
“Secretary of Commerce” applies throughout its chapter
The term “Secretary of Commerce” means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (9) Secretary of Defense
“Secretary of Defense” applies throughout its chapter
The term “Secretary of Defense” means the Secretary of Defense, acting through the Secretary of the Navy. (10) Secretary of the Interior
“Secretary of the Interior” applies throughout its chapter
The term “Secretary of the Interior” means the Secretary of the Interior, acting through the Director of the United States Geological Survey, the Director of the Bureau of Land Management, and the Director of the Minerals Management Service.