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Title 42 — The Public Health and Welfare

Part A · Chapter 149 — National Energy Policy and Programs

§ 15908. Preservation of geological and geophysical data

Statutory text

(a)

Short title

This section may be cited as the “National Geological and Geophysical Data Preservation Program Act of 2005”.

(b)

Program

The Secretary shall carry out a National Geological and Geophysical Data Preservation Program in accordance with this section—

(1)

to archive geologic, geophysical, and engineering data, maps, well logs, and samples;

(2)

to provide a national catalog of such archival material;

(3)

to provide technical and financial assistance related to the archival material; and

(4)

to provide for preservation of samples to track geochemical signatures from critical mineral (as defined in section 1606(a) of title 30) ore bodies for use in provenance tracking frameworks.

(c)

Plan

Not later than 1 year after , the Secretary shall submit to Congress a plan for the implementation of the Program.

(d)

Data archive system

(1)

Establishment

The Secretary shall establish, as a component of the Program, a data archive system to provide for the storage, preservation, and archiving of subsurface, surface, geological, geophysical, and engineering data and samples. The Secretary, in consultation with the Advisory Committee, shall develop guidelines relating to the data archive system, including the types of data and samples to be preserved.

(2)

System components

The system shall be comprised of State agencies that elect to be part of the system and agencies within the Department of the Interior that maintain geological and geophysical data and samples that are designated by the Secretary in accordance with this subsection. The Program shall provide for the storage of data and samples through data repositories operated by such agencies.

(3)

Limitation of designation

The Secretary may not designate a State agency as a component of the data archive system unless that agency is the agency that acts as the geological survey in the State.

(4)

Data from Federal land

The data archive system shall provide for the archiving of relevant subsurface data and samples obtained from Federal land—

(A)

in the most appropriate repository designated under paragraph (2), with preference being given to archiving data in the State in which the data were collected; and

(B)

consistent with all applicable law and requirements relating to confidentiality and proprietary data.

(e)

National catalog

(1)

In general

As soon as practicable after , the Secretary shall develop and maintain, as a component of the Program, a national catalog that identifies—

(A)

data and samples available in the data archive system established under subsection (d);

(B)

the repository for particular material in the system; and

(C)

the means of accessing the material.

(2)

Availability

The Secretary shall make the national catalog accessible to the public on the site of the Survey on the Internet, consistent with all applicable requirements related to confidentiality and proprietary data.

(f)

Advisory Committee

(1)

In general

The Advisory Committee shall advise the Secretary on planning and implementation of the Program.

(2)

New duties

In addition to its duties under the National Geologic Mapping Act of 1992 (43 U.S.C. 31a et seq.), the Advisory Committee shall perform the following duties:

(A)

Advise the Secretary on developing guidelines and procedures for providing assistance for facilities under subsection (g)(1).

(B)

Review and critique the draft implementation plan prepared by the Secretary under subsection (c).

(C)

Identify useful studies of data archived under the Program that will advance understanding of the Nation’s energy and mineral resources, geologic hazards, and engineering geology.

(D)

Review the progress of the Program in archiving significant data and preventing the loss of such data, and the scientific progress of the studies funded under the Program.

(E)

Include in the annual report to the Secretary required under section 5(b)(3) 1 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(b)(3)) an evaluation of the progress of the Program toward fulfilling the purposes of the Program under subsection (b).

(g)

Financial assistance

(1)

Archive facilities

Subject to the availability of appropriations, the Secretary shall provide financial assistance to a State agency that is designated under subsection (d)(2) for providing facilities to archive energy material.

(2)

Studies

Subject to the availability of appropriations, the Secretary shall provide financial assistance to any State agency designated under subsection (d)(2) for studies and technical assistance activities that enhance understanding, interpretation, and use of materials archived in the data archive system established under subsection (d).

(3)

Federal share

The Federal share of the cost of an activity carried out with assistance under this subsection shall be not more than 50 percent of the total cost of the activity.

(4)

Private contributions

The Secretary shall apply to the non-Federal share of the cost of an activity carried out with assistance under this subsection the value of private contributions of property and services used for that activity.

(h)

Report

The Secretary shall include in each report under section 8 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31g)—

(1)

a description of the status of the Program;

(2)

an evaluation of the progress achieved in developing the Program during the period covered by the report; and

(3)

any recommendations for legislative or other action the Secretary considers necessary and appropriate to fulfill the purposes of the Program under subsection (b).

(i)

Maintenance of State effort

It is the intent of Congress that the States not use this section as an opportunity to reduce State resources applied to the activities that are the subject of the Program.

(j)

Definitions

In this section:

(1)

Advisory Committee

The term “Advisory Committee” means the advisory committee established under section 5 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d).

(2)

Program

The term “Program” means the National Geological and Geophysical Data Preservation Program carried out under this section.

(3)

Secretary

The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Geological Survey.

(4)

Survey

The term “Survey” means the United States Geological Survey.

(k)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2029, to remain available until expended.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Geological and Geophysical Data Preservation Program Act of 2005

    Pub. L. 109–58 title III § 351 · 119 Stat. 594

    Enacted · 42 U.S.C. § 15908

    Pub. L. 109–58, title III, § 351, Aug. 8, 2005, 119 Stat. 711

    Source evidence

    Code source credit
    Pub. L. 109–58, title III, § 351, Aug. 8, 2005, 119 Stat. 711

    Enacted provision · exact public law section
    SEC. 351. PRESERVATION OF GEOLOGICAL AND GEOPHYSICAL DATA. (a) Short Title.— This section may be cited as the “National Geological and Geophysical Data Preservation Program Act of 2005”. (b) Program.— The Secretary shall carry out a National Geological and Geophysical Data Preservation Program in accordance with this section— (1) to archive geologic, geophysical, and engineering data, maps, well logs, and samples; (2) to provide a national catalog of such archival material; and (3) to provide technical and financial assistance related to the archival material. (c) Plan.— Not Deadline. later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a plan for the implementation of the Program. (d) Data Archive System.— (1) Establishment.— The Secretary shall establish, as a component of the Program, a data archive system to provide for the storage, preservation, and archiving of subsurface, surface, geological, geophysical, and engineering data and samples. The Secretary, in consultation with the Advisory Committee, shall develop guidelines relating to the data archive system, including the types of data and samples to be preserved. (2) System components.— The system shall be comprised of State agencies that elect to be part of the system and agencies within the Department of the Interior that maintain geological and geophysical data and samples that are designated by the Secretary in accordance with this subsection. The Program shall provide for the storage of data and samples through data repositories operated by such agencies. (3) Limitation of designation.— The Secretary may not designate a State agency as a component of the data archive system unless that agency is the agency that acts as the geological survey in the State. (4) Data from federal land.— The data archive system shall provide for the archiving of relevant subsurface data and samples obtained from Federal land— (A) in the most appropriate repository designated under paragraph (2), with preference being given to archiving data in the State in which the data were collected; and (B) consistent with all applicable law and requirements relating to confidentiality and proprietary data. (e) National Catalog.— (1) In general.— As soon as practicable after the date of enactment of this Act, the Secretary shall develop and maintain, as a component of the Program, a national catalog that identifies— (A) data and samples available in the data archive system established under subsection (d); (B) the repository for particular material in the system; and (C) the means of accessing the material. (2) Availability.— The Secretary shall make the national catalog accessible to the public on the site of the Survey on the Internet, consistent with all applicable requirements related to confidentiality and proprietary data. (f) Advisory Committee.— (1) In general.— The Advisory Committee shall advise the Secretary on planning and implementation of the Program. (2) New duties.— In addition to its duties under the National Geologic Mapping Act of 1992 (43 U.S.C. 31a et seq.), the Advisory Committee shall perform the following duties: (A) Advise the Secretary on developing guidelines and procedures for providing assistance for facilities under subsection (g)(1). (B) Review and critique the draft implementation plan prepared by the Secretary under subsection (c). (C) Identify useful studies of data archived under the Program that will advance understanding of the Nation’s energy and mineral resources, geologic hazards, and engineering geology. (D) Review the progress of the Program in archiving significant data and preventing the loss of such data, and the scientific progress of the studies funded under the Program. (E) Include in the annual report to the Secretary required under section 5(b)(3) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(b)(3)) an evaluation of the progress of the Program toward fulfilling the purposes of the Program under subsection (b). (g) Financial Assistance.— (1) Archive facilities.— Subject to the availability of appropriations, the Secretary shall provide financial assistance to a State agency that is designated under subsection (d)(2) for providing facilities to archive energy material. (2) Studies.— Subject to the availability of appropriations, the Secretary shall provide financial assistance to any State agency designated under subsection (d)(2) for studies and technical assistance activities that enhance understanding, interpretation, and use of materials archived in the data archive system established under subsection (d). (3) Federal share.— The Federal share of the cost of an activity carried out with assistance under this subsection shall be not more than 50 percent of the total cost of the activity. (4) Private contributions.— The Applicability. Secretary shall apply to the non-Federal share of the cost of an activity carried out with assistance under this subsection the value of private contributions of property and services used for that activity. (h) Report.— The Secretary shall include in each report under section 8 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31g)— (1) a description of the status of the Program; (2) an evaluation of the progress achieved in developing the Program during the period covered by the report; and (3) any recommendations for legislative or other action the Secretary considers necessary and appropriate to fulfill the purposes of the Program under subsection (b). (i) Maintenance of State Effort.— It is the intent of Congress that the States not use this section as an opportunity to reduce State resources applied to the activities that are the subject of the Program. (j) Definitions.— In this section: (1) Advisory committee.— The term “Advisory Committee” means the advisory committee established under section 5 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d). (2) Program.— The term “Program” means the National Geological and Geophysical Data Preservation Program carried out under this section. (3) Secretary.— The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (4) Survey.— The term “Survey” means the United States Geological Survey. (k) Authorization of Appropriations.— There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2006 through 2010.

  2. Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021

    Pub. L. 116–260 div. Z title VII § 7002 · 134 Stat. 1182

    Substituted · 42 U.S.C. § 15908(k)

    Pub. L. 116–260 substituted “$5,000,000 for each of fiscal years 2021 through 2029, to remain available until expended” for “$30,000,000 for each of fiscal years 2006 through 2010”

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 116–260 substituted “$5,000,000 for each of fiscal years 2021 through 2029, to remain available until expended” for “$30,000,000 for each of fiscal years 2006 through 2010”.

    Enacted provision · exact public law section
    Sec. 7002. unobligated balances report Any Time period. Records. department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances and obligated, but unexpended, balances by program, project, and activity, and Treasury Account Fund Symbol of all funds received by such department or agency in fiscal year 2021 or any previous fiscal year, disaggregated by fiscal year: Provided, That the report required by this section shall be submitted not later than 30 days after the end of each fiscal quarter and should specify by account the amount of funds obligated pursuant to bilateral agreements which have not been further sub-obligated.

  3. Infrastructure Investment and Jobs Act

    Pub. L. 117–58 div. D title II § 40203 · 135 Stat. 429

    Added · 42 U.S.C. § 15908(b)(4)

    Pub. L. 117–58 added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 117–58 added par. (4).

    Enacted provision · exact public law section
    SEC. 40203. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION PROGRAM.   Section 351(b) of the Energy Policy Act of 2005 (42 U.S.C. 15908(b)) is amended— (1) in paragraph (2), by striking “and” after the semicolon; (2) in paragraph (3), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(4) to provide for preservation of samples to track geochemical signatures from critical mineral (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) ore bodies for use in provenance tracking frameworks.” .

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

The National Geologic Mapping Act of 1992, referred to in subsec. (f)(2), is Pub. L. 102–285, , 106 Stat. 166, which is classified principally to sections 31a to 31h of Title 43, Public Lands. Par. (3) of section 5(b) of the Act was redesignated par. (4) by Pub. L. 111–11, title XI, § 11001(f)(2)(B), , 123 Stat. 1415, and is now classified to section 31d(b)(4) of Title 43. For complete classification of this Act to the Code, see Short Title note set out under section 31a of Title 43 and Tables.

Amendments2020–2021 · 2 rounds

2021

Subsec. (b)(4). Pub. L. 117–58 added par. (4).

2020

Subsec. (k). Pub. L. 116–260 substituted “$5,000,000 for each of fiscal years 2021 through 2029, to remain available until expended” for “$30,000,000 for each of fiscal years 2006 through 2010”.

Statutory Notes and Related Subsidiaries

Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.

Credits

2005–2021 · 3 acts
  1. 2005Pub. L. 109–58, title III, § 351, , 119 Stat. 711
  2. 2020Pub. L. 116–260, div. Z, title VII, § 7002(l), , 134 Stat. 2575
  3. 2021Pub. L. 117–58, div. D, title II, § 40203, , 135 Stat. 959.
Show as published

(Pub. L. 109–58, title III, § 351, , 119 Stat. 711; Pub. L. 116–260, div. Z, title VII, § 7002(l), , 134 Stat. 2575; Pub. L. 117–58, div. D, title II, § 40203, , 135 Stat. 959.)

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