[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1194 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1194

   To amend the Mining and Mineral Policy Act of 1970 to promote the 
research, identification, assessment, and exploration of marine mineral 
                   resources, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 11 (legislative day, July 10), 1995

  Mr. Akaka (for himself and Mr. Lott) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To amend the Mining and Mineral Policy Act of 1970 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 ``Mining and Mineral Policy Amendments 
Act of 1995''.

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 MINERALS RESEARCH PROGRAM

``SEC. 201. DEFINITIONS.

    ``In this title:
            ``(1) Eligible entity.--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.
            ``(2) Marine mineral resource.--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.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(4) In-kind contribution.--The term `in-kind 
        contribution' means a non-cash 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.

``SEC. 202. RESEARCH PROGRAM.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this title, the Secretary shall establish and carry out a 
program to promote marine mineral research.
    ``(b) Program Goal.--The goal of the marine mineral research 
program shall be to--
            ``(1) promote research, identification, assessment, 
        exploration, and development of marine mineral resources in an 
        environmentally responsible manner; and
            ``(2) encourage academia and industry to jointly conduct 
        basic and applied research through grants, cooperative 
        agreements, or contracts with the Federal Government.
    ``(c) Responsibilities of the Secretary.--In carrying out the 
marine mineral research 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 and reduce the United States trade deficit in mineral 
        commodities; and
            ``(2) 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 related areas.

``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 of--
                    ``(A) 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) Funding for grants, contracts, or cooperative 
        agreements.--
                    ``(A) Federal share.--Except as provided in 
                subparagraph (B)(ii), the Federal share of the cost of 
                a project 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.
    ``(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 and 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 and 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) Federal advisory committee act.--A 
                competitive review panel shall not be subject to the 
                Federal Advisory Committee Act (5 U.S.C. App.).
                    ``(C) No compensation.--A non-Federal review panel 
                member 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 Federal Government under section 
                5702(b) 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 3 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.--The Secretary shall designate 2 centers for 
marine mineral research.
    ``(b) Concentration.--One center shall concentrate primarily on 
marine mineral resources research in the continental shelf regions of 
the United States and 1 center shall concentrate primarily on marine 
mineral resources in deep seabed and near-shore environments of 
islands.
    ``(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 
        sciences;
            ``(3) is a United States university with established 
        programs and facilities that primarily focus on marine 
        minerals;
            ``(4) has engaged in collaboration and cooperation with 
        industry, governmental agencies, and other universities that 
        have an active interest in nonenergy marine mineral resources; 
        and
            ``(5) 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.

``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

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