[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[Senate]
[Pages S11668-S11669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             MARINE MINERAL RESOURCES RESEARCH ACT OF 1996

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of calendar No. 471, S. 1194.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (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.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

     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 nonfederal 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.

[[Page S11669]]

       ``(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.''.

  Mr. LOTT. Mr. President, I ask unanimous consent that the committee 
amendment be agreed to, the title amendment be agreed to, the bill be 
deemed read a third time, and passed, the motion to reconsider be laid 
upon the table, and any statements relating to the bill appear at the 
appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 1194), as amended, was deemed read the third time and 
passed.
  The title was amended so as to read: ``To promote the research, 
identification, assessment, and exploration of marine mineral 
resources, and for other purposes.''.

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