[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1194 Enrolled Bill (ENR)]

        S.1194

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 An Act


 
To promote the research, identification, assessment, and exploration of 
            marine mineral resources, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Mineral Resources Research 
Act of 1996''.

SEC. 2. RESEARCH PROGRAM.

    The Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a) is 
amended--
        (1) by inserting after the first section the following:

                      ``TITLE I--MINING POLICY'';

        (2) by redesignating section 2 as section 101; and
        (3) by adding at the end the following:

         ``TITLE II--MARINE MINERAL RESOURCES RESEARCH PROGRAM

``SEC. 201. DEFINITIONS.

    ``In this title:
        ``(1) The term `contract' has the same meaning as `procurement 
    contract' in section 6303 of title 31, United States Code.
        ``(2) The term `cooperative agreement' has the same meaning as 
    in section 6305 of title 31, United States Code.
        ``(3) 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.
        ``(4) The term `grant' has the same meaning as `grant 
    agreement' in section 6304 of title 31, United States Code.
        ``(5) 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.
        ``(6) The term `marine mineral resource' means--
            ``(A) sand and aggregates;
            ``(B) placers;
            ``(C) phosphates;
            ``(D) manganese nodules;
            ``(E) cobalt crusts;
            ``(F) metal sulfides; and
            ``(G) other marine resources that are not--
                ``(i) oil and gas;
                ``(ii) fisheries; or
                ``(iii) marine mammals.
        ``(7) The term `Secretary' means the Secretary of the Interior.

``SEC. 202. RESEARCH PROGRAM.

    ``(a) In General.--The Secretary shall establish and carry out a 
program of research on marine mineral resources.
    ``(b) Program Goal.--The goal of the program shall be to--
        ``(1) promote research, identification, assessment, and 
    exploration of marine mineral resources in an environmentally 
    responsible manner;
        ``(2) assist in developing domestic technologies required for 
    efficient and environmentally sound development of marine mineral 
    resources;
        ``(3) coordinate and promote the use of technologies developed 
    with Federal assistance, and the use of available Federal assets, 
    for research, identification, assessment, exploration, and 
    development of marine mineral resources; and
        ``(4) encourage academia and industry to conduct basic and 
    applied research, on a joint basis, through grants, cooperative 
    agreements, or contracts with the Federal Government.
    ``(c) Responsibilities of the Secretary.--In carrying out the 
program, the Secretary shall--
        ``(1) promote and coordinate partnerships between industry, 
    government, and academia to research, identify, assess, and explore 
    marine mineral resources in an environmentally sound manner;
        ``(2) undertake programs to develop the basic information 
    necessary to the long-term national interest in marine mineral 
    resources (including seabed mapping) and to ensure that data and 
    information are accessible and widely disseminated as needed and 
    appropriate;
        ``(3) identify, and promote cooperation among agency programs 
    that are developing, technologies developed by other Federal 
    programs that may hold promise for facilitating undersea 
    applications related to marine mineral resources, including 
    technologies related to vessels and other platforms, underwater 
    vehicles, survey and mapping systems, remote power sources, data 
    collection and transmission systems, and various seabed research 
    systems; and
        ``(4) foster communication and coordination between Federal and 
    State agencies, universities, and private entities concerning 
    marine mineral research on seabeds of the continental shelf, ocean 
    basins, and arctic and cold water areas.
In carrying out these responsibilities, the Secretary shall ensure the 
participation of non-Federal users of technologies and data related to 
marine mineral resources in planning and priority setting.

``SEC. 203. GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.

    ``(a) Assistance and Coordination.--
        ``(1) In general.--The Secretary shall award grants or 
    contracts to, or enter into cooperative agreements with, eligible 
    entities to support research for the development or utilization 
    of--
            ``(A) methods, equipment, systems, and components necessary 
        for the identification, assessment, and exploration of marine 
        mineral resources in an environmentally responsible manner;
            ``(B) methods of detecting, monitoring, and predicting the 
        presence of adverse environmental effects in the marine 
        environment and remediating the environmental effects of marine 
        mineral resource exploration, development, and production; and
            ``(C) education and training material in marine mineral 
        research and resource management.
        ``(2) Cost-sharing for contracts or cooperative agreements.--
            ``(A) Federal share.--Except as provided in subparagraph 
        (B)(ii), the Federal share of the cost of a contract or 
        cooperative agreement carried out under this subsection shall 
        not be greater than 80 percent of the total cost of the 
        project.
            ``(B) Non-federal share.--The remaining non-Federal share 
        of the cost of a project carried out under this section may 
        be--
                ``(i) in the form of cash or in-kind contributions, or 
            both; and
                ``(ii) comprised of funds made available under other 
            Federal programs, except that non-Federal funds shall be 
            used to defray at least 10 percent of the total cost of the 
            project.
            ``(C) Consultation.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary shall establish, after 
        consultation with other Federal agencies, terms and conditions 
        under which Federal funding will be provided under this 
        subsection that are consistent with the Agreement on Subsidies 
        and Countervailing Measures referred to in section 101(d)(12) 
        of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)).
    ``(b) Competitive Review.--
        ``(1) In general.--An entity shall not be eligible to receive a 
    grant or contract, or participate in a cooperative agreement, under 
    subsection (a) unless--
            ``(A) the entity submits a proposal to the Secretary at 
        such time, in such manner, and accompanied by such information 
        as the Secretary may reasonably require; and
            ``(B) the proposal has been evaluated by a competitive 
        review panel under paragraph (3).
        ``(2) Competitive review panels.--
            ``(A) Composition.--A competitive review panel shall be 
        chaired by the Secretary or by the Secretary's designee and 
        shall be composed of members who meet the following criteria:
                ``(i) Appointment.--The members shall be appointed by 
            the Secretary.
                ``(ii) Experience.--Not less than 50 percent of the 
            members shall represent or be employed by private marine 
            resource companies that are involved in exploration of the 
            marine environment or development of marine mineral 
            resources.
                ``(iii) Interest.--None of the members may have an 
            interest in a grant, contract, or cooperative agreement 
            being evaluated by the panel.
            ``(B) No compensation.--A review panel member who is not 
        otherwise a Federal employee shall receive no compensation for 
        performing duties under this section, except that, while 
        engaged in the performance of duties away from the home or 
        regular place of business of the member, the member may be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, in the same manner as a person employed 
        intermittently in the Government service under section 5703 of 
        title 5, United States Code.
        ``(3) Evaluation.--A competitive review panel shall base an 
    evaluation of a proposal on criteria developed by the Secretary 
    that shall include--
            ``(A) the merits of the proposal;
            ``(B) the research methodology and costs of the proposal;
            ``(C) the capability of the entity submitting the proposal 
        and any other participating entity to perform the proposed work 
        and provide in-kind contributions;
            ``(D) the amount of matching funds provided by the entity 
        submitting the proposal or provided by other Federal, State, or 
        private entities;
            ``(E) the extent of collaboration with other Federal, 
        State, or private entities;
            ``(F) in the case of a noncommercial entity, the existence 
        of a cooperative agreement with a commercial entity that 
        provides for collaboration in the proposed research;
            ``(G) whether the proposal promotes responsible 
        environmental stewardship; and
            ``(H) such other factors as the Secretary considers 
        appropriate.
    ``(c) Limitations.--
        ``(1) Administrative expenses.--Not more than 10 percent of the 
    amount made available to carry out this section during a fiscal 
    year may be used by the Secretary for expenses associated with 
    administration of the program authorized by this section.
        ``(2) Construction costs.--None of the funds made available 
    under this section may be used for the construction of a new 
    building or the acquisition, expansion, remodeling, or alteration 
    of an existing building (including site grading and improvement and 
    architect fees).
    ``(d) Reports.--An eligible entity that receives a grant or 
contract or enters into a cooperative agreement under this section 
shall submit an annual progress report and a final technical report to 
the Secretary that--
        ``(1) describes project activities, implications of the 
    project, the significance of the project to marine mineral 
    research, identification, assessment, and exploration, and 
    potential commercial and economic benefits and effects of the 
    project; and
        ``(2) in the case of an annual progress report, includes a 
    project plan for the subsequent year.

``SEC. 204. MARINE MINERAL RESEARCH CENTERS.

    ``(a) In general.--No later than 90 days after the date of 
enactment of this section, the Secretary shall designate 3 centers for 
marine mineral research and related activities.
    ``(b) Concentration.--One center shall concentrate primarily on 
research in the continental shelf regions of the United States, 1 
center shall concentrate primarily on research in deep seabed and near-
shore environments of islands, and 1 center shall concentrate primarily 
on research in arctic and cold water regions.
    ``(c) Criteria.--In designating a center under this section, the 
Secretary shall give priority to a university that--
        ``(1) administers a federally funded center for marine minerals 
    research;
        ``(2) matriculates students for advanced degrees in marine 
    geological sciences, nonenergy natural resources, and related 
    fields of science and engineering;
        ``(3) is a United States university with established programs 
    and facilities that primarily focus on marine mineral resources;
        ``(4) has engaged in collaboration and cooperation with 
    industry, governmental agencies, and other universities in the 
    field of marine mineral resources;
        ``(5) has demonstrated significant engineering, development, 
    and design experience in two or more of the following areas;
            ``(A) seabed exploration systems;
            ``(B) marine mining systems; and
            ``(C) marine mineral processing systems; and
        ``(6) has been designated by the Secretary as a State Mining 
    and Mineral Resources Research Institute.
    ``(d) Center Activities.--A center shall--
        ``(1) provide technical assistance to the Secretary concerning 
    marine mineral resources;
        ``(2) advise the Secretary on pertinent international 
    activities in marine mineral resources development;
        ``(3) engage in research, training, and education transfer 
    associated with the characterization and utilization of marine 
    mineral resources; and
        ``(4) promote the efficient identification, assessment, 
    exploration, and management of marine mineral resources in an 
    environmentally sound manner.
    ``(e) Allocation of Funds.--In distributing funds to the centers 
designated under subsection (a), the Secretary shall, to the extent 
practicable, allocate an equal amount to each center.
    ``(f) Limitations.--
        ``(1) Administrative expenses.--Not more than 5 percent of the 
    amount made available to carry out this section during a fiscal 
    year may be used by the Secretary for expenses associated with 
    administration of the program authorized by this section.
        ``(2) Construction costs.--None of the funds made available 
    under this section may be used for the construction of a new 
    building or the acquisition, expansion, remodeling, or alteration 
    of an existing building (including site grading and improvement and 
    architect fees).

``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated such sums as are necessary 
to carry out this title.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.