[House Report 110-416]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-416

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2262) TO MODIFY THE 
 REQUIREMENTS APPLICABLE TO LOCATABLE MINERALS ON PUBLIC DOMAIN LANDS, 
CONSISTENT WITH THE PRINCIPLES OF SELF-INITIATION OF MINING CLAIMS, AND 
                           FOR OTHER PURPOSES

                                _______
                                

  October 30, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. McGovern, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 780]

    The Committee on Rules, having had under consideration 
House Resolution 780, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2262, the 
Hardrock Mining and Reclamation Act of 2007, under a structured 
rule. The rule provides one hour of debate equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on Natural Resources. The rule waives all points of 
order against consideration of the bill except clauses 9 and 10 
of rule XXI. The rule provides that the amendment in the nature 
of a substitute recommended by the Committee on Natural 
Resources now printed in the bill shall be considered as an 
original bill for the purpose of amendment and shall be 
considered as read. All points of order against the committee 
amendment in the nature of a substitute are waived except 
clause 10 of rule XXI. This waiver does not affect the point of 
order available under clause 9 of rule XXI (regarding earmark 
disclosure).
    The rule makes in order only those amendments printed in 
this report. The amendments made in order may be offered only 
in the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. All points of order against 
the amendments except for clauses 9 and 10 of rule XXI are 
waived. The rule provides one motion to recommit with or 
without instructions. The rule provides that, notwithstanding 
the operation of the previous question, the Chair may postpone 
further consideration of the bill to a time designated by the 
Speaker.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill (except for clauses 9 and 10 of rule XXI) includes a 
waiver of clause 4(a) of rule XIII, requiring a three-day 
layover of the committee report and a waiver of Section 303(a) 
of the Congressional Budget Act, prohibiting consideration of 
legislation providing new budget authority, change in revenues, 
change in public debt, new entitlement authority, or new credit 
authority for a fiscal year until the budget resolution for 
that year has been agreed to. Although the rule waives all 
points of order against the committee amendment in the nature 
of a substitute (except clause 10 of rule XXI), the Committee 
is not aware of any points of order against provisions of the 
bill. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 371

    Date: October 30, 2007.
    Measure: H.R. 2262.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To grant an open rule.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Matsui--Nay; Welch--Nay; 
Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 372

    Date: October 30, 2007.
    Measure: H.R. 2262.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Gohmert (TX), #1, which would 
establish that the term of a mine operations permit would be 
``the period necessary to accomplish the proposed mineral 
activities subject to the permit'' or ``20 years''; whichever 
period is greater.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Matsui--Nay; Welch--Nay; 
Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay;

Rules Committee record vote No. 373

    Date: October 30, 2007.
    Measure: H.R. 2262.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Pearce (NM), #4, which states 
that the Act shall expire if and when the United States does 
not have the number one gross domestic product in the world.
    Results: Defeated 4-7.
    Vote by Members:
    McGovern--Nay; Matsui--Nay; Welch--Nay; Castor--Nay; 
Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; 
Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 374

    Date: October 30, 2007.
    Measure: H.R. 2262.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Heller (NV), #9, which would 
change the royalty payment structure from a gross income 
royalty to a net proceeds royalty.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay;

Rules Committee record vote No. 375

    Date: October 30, 2007.
    Measure: H.R. 2262.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Sali (ID), #22, which 
allocates 20% of the Locatable Minerals Fund toward a Fighting 
Global Warming and National Carbon Footprint Reduction Account, 
which would provide incentives for and encourage the domestic 
production of minerals essential to fighting global warming and 
reducing the national carbon footprint, such as minerals used 
for solar energy production and fuel cell construction.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Rahall (WV): The amendment would clarify that ``valid 
existing rights'' associated with existing mining claims would 
be protected under the Act. It would clarify that in addition 
to paying a 4% royalty, existing operations will still need to 
come into compliance with the Act within 10 years. It would 
clarify that the claim maintenance and location fees currently 
allotted to administration of the mining laws will continue to 
be so allotted with the balance going to clean-up of abandoned 
hardrock mines, subject to appropriations. It would clarify 
that user fees assessed by the BLM to process mining permit 
applications will be used for administration of the mining law 
program. It would limit the purview of section 504-citizen 
suits--to permits issued pursuant to title III of the Act. 
Finally, it would clarify that nothing under the Act will 
affect the sovereign immunity of any Indian Tribe. (10 minutes)
    2. Pearce (NM): This amendment would strike the definition 
of ``undue degradation'' in the legislation. (10 minutes)
    3. Matsui (CA): The amendment states that river watershed 
areas may be considered as eligible and as priorities to 
receive funding from the Abandoned Locatable Minerals Mine 
Reclamation Fund. (10 minutes)
    4. Heller (NV): The amendment would redirect 50 percent of 
the funds deposited into the Hardrock Reclamation Fund to 
states in proportion to the royalty funds generated there. (10 
minutes)
    5. Sali (ID): Strikes section 101--Limitation on Patents. 
(10 minutes)
    6. Cannon (UT): This amendment would strike section 517--
Mineral materials. (10 minutes)
    7. Pearce (NM): This amendment would establish the Mineral 
Commodity Information Administration into a role in the 
Department of Interior. This administration would have the 
Minerals Information Team (MIT) to collect, analyze, and 
disseminate information on the domestic and international 
supply of, and demand for, minerals and mineral materials 
critical to the U.S economy and national security. This 
amendment will remove the MIT from under the U.S. Geological 
Survey and establish it as a stand-alone agency within the 
Department of the Interior. The amendment increases MIT's staff 
in order to perform the new and expanded functions authorized 
in the amendment. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

    1. An Amendment To Be Offered by Representative Rahall of West 
          Virginia, or His Designee, Debatable for 10 Minutes

  Amend section 2(b) to read as follows:
  (b) Valid Existing Rights.--As used in this Act, the term 
``valid existing rights'' means a mining claim or millsite 
claim located on lands described in section 201(b), that--
          (1) was properly located and maintained under the 
        general mining laws prior to the date of enactment of 
        this Act;
          (2) was supported by a discovery of a valuable 
        mineral deposit within the meaning of the general 
        mining laws on the date of enactment of this Act, or 
        satisfied the limitations under existing law for 
        millsite claims; and
          (3) continues to be valid under this Act.
  In section 3(c)(1), strike the matter preceding subparagraph 
(A) and insert ``Any Federal land shall be subject to the 
requirements of section 102(a)(2) if the land is--''.
  In section 3(c)(2), strike ``section 102'' and insert 
``section 102(a)(3)''.
  Amend section 102(a)(3) to read as follows:
          (3) Federal land added to existing operations 
        permit.--Any Federal land added through a plan 
        modification to an operations permit that is submitted 
        after the date of enactment of this Act shall be 
        subject to the royalty that applies to Federal land 
        under paragraph (1).
  Strike section 102(a)(4) (and redesignate the subsequent 
paragraph accordingly).
  Amend section 103(a)(4) to read as follows:
          (4) Moneys received under this subsection that are 
        not otherwise allocated for the administration of the 
        mining laws by the Department of the Interior shall be 
        deposited in the Locatable Minerals Fund established by 
        this Act.
  In section 202(a), strike ``Any State'' and insert ``Subject 
to valid existing rights, any State''.
  In section 202(b)(3), after ``petition'' insert ``subject to 
valid existing rights,''.
  In section 303(g)(4), strike ``All moneys'' and all that 
follows through the end of the sentence.
  In section 304(h)(4), strike ``All moneys'' and all that 
follows through the end of the sentence.
  In section 309, strike ``the National Park System'' and 
insert ``a National Park''.
  In section 309, strike ``including its scenic assets, its 
water resources, its air quality, and its acoustic qualities, 
or other changes'' and insert ``including wildlife, scenic 
assets, water resources, air quality, and acoustic qualities, 
or other changes''.
  Amend section 402(2) to read as follows:
          (2) All fees received under section 304(a)(1)(B).
  Amend section 402(6) to read as follows:
          (6) All amounts received by the United States 
        pursuant to section 103 as claim maintenance and 
        location fees minus the moneys allocated for 
        administration of the mining laws by the Department of 
        the Interior.
  In section 504(a)(1), strike ``allged'' and insert 
``alleged''.
  In section 504(a)(1), strike ``pursuant to this Act'' and 
insert ``pursuant to title III of this Act''.
  In section 504(a)(1), strike ``under this Act'' and insert 
``under title III of this Act''.
  Amend section 511 to read as follows (and conform the table 
of contents in section 1(b)):

SEC. 511. OIL SHALE CLAIMS.

  Section 2511(f) of the Energy Policy Act of 1992 (Public Law 
102-486) is amended as follows:
          (1) By striking ``as prescribed by the Secretary''.
          (2) By inserting before the period the following: 
        ``in the same manner as required by title II and title 
        III of the Hardrock Mining and Reclamation Act of 
        2007''.
  At the end of section 513, add the following:
  (d) Sovereign Immunity of Indian Tribes.--Nothing in this 
section shall be construed so as to waive the sovereign 
immunity of any Indian tribe.
                              ----------                              


 2. An Amendment To Be Offered by Representative Pearce of New Mexico, 
               or His Designee, Debatable for 10 Minutes

  In section 2(a), strike paragraph (19).
                              ----------                              


 3. An Amendment To Be Offered by Representative Matsui of California, 
               or Her Designee, Debatable for 10 Minutes

  In section 411--
          (1) in subsection (a)(2), before the period insert 
        ``, including in river watershed areas''; and
          (2) in subsection (b)(3), before the period insert 
        ``, which may include restoration activities in river 
        watershed areas''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Heller of Nevada, or 
                 His Designee, Debatable for 10 Minutes

  In section 411(b), amend the matter preceding paragraph (1) 
to read as follows:
  (b) Allocation.--Of the amounts deposited into the Hardrock 
Reclamation Account, 50 percent shall be allocated by the 
Secretary among the States within the boundaries of which 
occurs production of locatable minerals from mining claims 
located under the general mining laws and maintained in 
compliance with this Act, or mineral concentrates or products 
derived from locatable minerals from mining claims located 
under the general mining laws and maintained in compliance with 
this Act, as the case may be, in proportion to the amount of 
such production in each such State. Expenditures of the 
remainder of such amounts shall reflect the following 
priorities in the order stated:
                              ----------                              


 5. An Amendment To Be Offered by Representative Sali of Idaho, or His 
                   Designee, Debatable for 10 Minutes

  Strike section 101.
                              ----------                              


6. An Amendment To Be Offered by Representative Cannon of Utah, or His 
                   Designee, Debatable for 10 Minutes

  Strike section 517.
                              ----------                              


 7. An Amendment To Be Offered by Representative Pearce of New Mexico, 
               or His Designee, Debatable for 10 Minutes

  Add at the end the following:

         TITLE XX--MINERAL COMMODITY INFORMATION ADMINISTRATION


SEC. _01. SHORT TITLE.

  This title may be cited as ``Resources Origin and Commodity 
Knowledge Act''.

SEC. _02. FINDINGS, PURPOSE, AND POLICY.

  (a) Findings.--The Congress finds the following:
          (1) Mineral commodities are essential to the United 
        States economy.
          (2) The United States is the world's leading user of 
        mineral commodities.
          (3) Mineral commodities processed domestically 
        accounted for $478,000,000,000 in the United States 
        economy in 2005.
          (4) The value of imports of raw and processed mineral 
        commodities totaled $103,000,000,000 in 2005.
          (5) The Board of Governors of the Federal Reserve 
        uses mineral commodity information data and reports to 
        calculate the indexes of industrial production, 
        capacity, and capacity utilization, which are among the 
        most widely followed monthly indicators of the United 
        States economy.
          (6) Manufacturers and consumers of mineral 
        commodities in the United States depended on foreign 
        countries for 100 percent of 16 mineral commodities and 
        for more than 50 percent of 42 mineral commodities that 
        are critical to the United States economy.
          (7) The Department of Defense requires mineral 
        commodity information on strategic minerals to manage 
        the National Defense Stockpile.
          (8) Mineral specialists assist the Department of 
        State fulfill United States obligations under the Clean 
        Diamond Trade Act (19 U.S.C. 3901 et seq.) and as a 
        signatory to the Kimberly Process Certification Scheme, 
        which is a multinational effort to stop the flow of 
        conflict diamonds.
          (9) New and innovative uses of minerals are vital to 
        maintaining the high quality of both the natural 
        environment and human environment in the United States.
          (10) Knowledge and understanding of mineral mining, 
        processing, and usage, both domestically and 
        internationally, is important for maintaining the 
        national security and economic security of the United 
        States.
  (b) Purposes.--The purpose of this title is to create the 
Mineral Commodity Information Administration to ensure 
information vital to the United States economy, domestic 
security, and the high quality of life enjoyed by all residents 
of the United States continues to be provided to the many 
customers that rely upon the data.
  (c) Policy.--The Congress declares that--
          (1) it is in the national interest to maintain and 
        disseminate information on domestically produced 
        mineral commodities, regardless of ownership of the 
        reserves and resources involved; and
          (2) it is in the national interest to maintain and 
        disseminate information on international mineral 
        commodities, reserves, and resources, international 
        mineral industry activities, and international mineral 
        commodity markets.

SEC. _03. ESTABLISHMENT OF MINERAL COMMODITY INFORMATION 
                    ADMINISTRATION.

  (a) Establishment.--There is established the Mineral 
Commodity Information Administration, which shall be under the 
general direction and supervision of the Secretary of the 
Interior and shall not be affiliated with or be within any 
other agency or bureau of the Department of the Interior.
  (b) Administrator.--The management of the Administration 
shall be vested in an Administrator, who shall be appointed by 
the President, with the advice and consent of the Senate, from 
among individuals who have outstanding qualifications with a 
broad background and substantial experience in the mineral 
industries and in the management of mineral resources.
  (c) Other Officials and Employees.--
          (1) In general.--There shall be in the Administration 
        an Associate Administrator and 4 Assistant 
        Administrators who shall perform, in accordance with 
        applicable law, such functions as the Administrator 
        shall assign to them in accordance with this title. The 
        functions the Administrator shall assign to the 
        Assistant Administrators shall include the following 
        functions:
                  (A) Commodity information and analysis, 
                including development and maintenance of--
                          (i) historical and current mineral 
                        commodity information, including the 
                        degree of import dependence of the 
                        United States;
                          (ii) international mineral commodity, 
                        reserve, and resource information;
                          (iii) domestic mineral commodity, 
                        reserve, and resource information by 
                        State, county, and region;
                          (iv) material flow and recycling 
                        analysis, showing disposition in the 
                        United States of mined materials into 
                        stocks in use, waste, and residuals; 
                        and
                          (v) ongoing analysis of United States 
                        mineral commodity exports, and analysis 
                        of imports of mineral commodities and 
                        processed materials of mineral origin 
                        that are destined for consumption in 
                        the United States, categorized by the 
                        country of origin.
                  (B) Global mineral supply analysis for 
                critical commodities of greatest long-term 
                concern, including collecting and developing--
                          (i) location, reserve, resource, 
                        technology, and economic data for major 
                        discovered deposits;
                          (ii) engineering and cost, mini-
                        feasibility studies on the most 
                        significant deposits; and
                          (iii) supply analyses combining the 
                        engineering and economic data on groups 
                        of deposits.
                  (C) Mineral materials technology assessment 
                including tracking worldwide research, 
                development, and utilization of advanced 
                technologies that will permit discovery of new 
                deposits, mining and processing of minerals 
                from lower-grade deposits, and recovery of 
                minerals from waste streams.
                  (D) Mineral industry analysis, including the 
                continuing assessment and analysis of events, 
                trends, and issues affecting the minerals 
                sector of the domestic economy, including 
                exploration spending and activity, mineral 
                production trends, mineral stocks and 
                inventories, merger and acquisitions activity, 
                and labor and workforce trends.
                  (E) Data acquisition and analysis, including 
                management of data collection, statistical 
                analysis, analytical forecasting and modeling, 
                and regular data quality assessments.
                  (F) Information systems and services, 
                including information technology management, 
                publications and production dissemination, and 
                library services.
                  (G) External affairs, including congressional 
                and legislative liaison, communications, and 
                public affairs, and international and 
                intergovernmental affairs.
                  (H) Budget, financial, and human resource 
                management, including budget and financial 
                management, human capital management, employee 
                training, professional development, procurement 
                and contract management, and small business 
                support.
          (2) Transfer of existing positions.--Within 30 days 
        after the date of the enactment of this Act, the 
        Secretary of the Interior shall transfer to the 
        Administrator the following positions:
                  (A) United states geological survey.--From 
                the United States Geological Survey, not less 
                than 200 full-time equivalent positions, 
                including all filled and unfilled commodity and 
                country specialists within the United States 
                Geological Survey Minerals Information Team 
                immediately before the enactment of this Act.
                  (B) Department of interior, generally.--From 
                the Department of the Interior generally not 
                less that 100 full time equivalent positions of 
                an administrative nature, including 
                communications and public affairs specialists, 
                congressional and legislative liaison 
                specialists, human resources personnel, 
                librarians, administrative assistants, 
                information technology management specialists, 
                publication service specialists, and budget 
                analysts.
          (3) Subsequent appointments.--The Administrator may 
        appoint such employees as may be necessary to positions 
        that are transferred under paragraph (2), but vacant on 
        the date of the transfer of the positions. Such 
        appointments shall be subject to the provisions of 
        title 5, United States Code, governing appointments in 
        the competitive service. Such positions shall be paid 
        in accordance with the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates.
  (d) Written and Electronic Materials.--The Secretary of the 
Interior shall transfer to the Administrator all existing 
written and electronic materials under the control of the 
Department pertaining to mineral commodities and mineral 
resources, including mineral commodity time series data, 
library materials, maps, unpublished data files, and existing 
mineral commodity reports prepared or held by the United States 
Geological Survey and its predecessor agency, the Bureau of 
Mines.

SEC. _04. DUTIES OF THE ADMINISTRATOR.

  (a) Mineral Commodity Data and Information Program.--The 
Administrator shall carry out a central, comprehensive, and 
unified mineral commodity data and information program to 
collect, evaluate, assemble, analyze, and disseminate data and 
information regarding mineral resources and reserves, mineral 
commodity production, consumption, and technology, and related 
economic and statistical information, that is relevant to the 
adequacy of mineral resources to meet demands in the near term 
and longer term future for the Nation's economic and social 
needs.
  (b) Mineral Commodity Data Time Series.--
          (1) In general.--The Administrator shall continue to 
        maintain all existing mineral commodity data time 
        series maintained by the Department of the Interior 
        immediately before the enactment of this Act, and shall 
        develop such new mineral commodity data time series as 
        the Administrator finds useful and proper after 
        consulting with other Federal and State agencies and 
        the public.
          (2) Public comment.--The Administrator shall--
                  (A) provide for public review and comment 
                regarding all mineral commodity data time 
                series maintained by the Department of the 
                Interior immediately before the enactment of 
                this Act, by not later than 15 years after such 
                date of enactment; and
                  (B) seek public comments on a continuing 
                basis on the adequacy and accuracy of any time 
                series added after the date of the enactment of 
                this Act, not later than 5 years after the 
                inception of such new series.
  (c) Projections of Supply and Usage Patterns.--
          (1) In general.--The Administrator shall--
                  (A) not later than 3 years after the date of 
                the enactment of this Act, prepare and make 
                available to the public an analysis of 
                projected mineral commodity supply and usage 
                patterns by the United States at 10, 25, and 50 
                year intervals following such date of 
                enactment; and
                  (B) update such analysis and make it publicly 
                available every 5 years thereafter.
          (2) Considerations.--In preparing such analyses, the 
        Administrator shall take into consideration--
                  (A) market trends;
                  (B) geopolitical considerations; and
                  (C) the reasonably foreseeable advances in 
                basic industries, high technology, material 
                sciences, and energy usage.
  (d) Annual Report.--The Administrator shall annually publish 
and submit to the Congress a report on the state of the 
domestic mining, minerals, and mineral reclamation industries, 
including a statement of the trend in utilization and depletion 
of the domestic supplies of mineral commodities.
  (e) Mineral Commodity Reports.--The Administrator--
          (1) shall continue to prepare and distribute all 
        series of mineral commodity reports prepared and 
        published by the Bureau of Mines and the United States 
        Geological Survey as of the date of the enactment of 
        this Act, including--
                  (A) all volumes of the Minerals Yearbook;
                  (B) Mineral Commodity Summaries;
                  (C) Mineral Industry Surveys;
                  (D) Metal Industry Indicators;
                  (E) Nonmetallic Mineral Product Industry 
                Indexes;
                  (F) minerals supply analyses for selected 
                commodities;
                  (G) material flow studies and recycling 
                reports; and
                  (H) Historical Statistics for Mineral and 
                Material Commodities;
          (2) may develop, prepare, and publish additional 
        reports related to mineral commodities as the 
        Administrator considers appropriate.
  (f) Analysis With Respect to Sustaining Energy Usage.--
          (1) In general.--The Administrator of the Mineral 
        Commodity Information Administration shall, in 2007 and 
        each year thereafter, following the issuance of the 
        Annual Energy Outlook analysis prepared by the 
        Administrator of the Energy Information Administration, 
        prepare and publish an analysis of the foreign and 
        domestic mineral commodities that will be required by 
        the United States to sustain the energy supply, demand, 
        and prices projected by such Annual Energy Outlook 
        analysis.
          (2) Joint agreement.--The Administrator of the Energy 
        Information Agency and the Administrator of the Mineral 
        Commodity Information Administration may, at their sole 
        discretion, enter into a joint agreement for 
        preparation of a unified analysis to meet the 
        requirements of this paragraph.
  (g) Other Approval Not Required.--The Administrator--
          (1) shall not be required to obtain the approval of 
        any other officer or employee of the United States in 
        connection with the collection or analysis of any 
        information; and
          (2) shall not be required, prior to publication, to 
        obtain the approval of any other officer or employee of 
        the United States with respect to the substance of any 
        analytical studies, statistical, or forecasting 
        technical reports that the Administrator has prepared 
        in accordance with law.

SEC. _05. EXCEPTIONS TO INFORMATION AVAILABILITY.

   (a) In General.--Notwithstanding section 552 of title 5, 
United States Code, and except as provided in subsection (b), 
data and information provided to the Administrator by persons 
or firms engaged in any phase of mineral or mineral-material 
production or large-scale consumption shall not be disclosed 
outside of the Administration in a nonaggregated form in such a 
manner as may disclose data and information supplied by an 
individual or other person, unless such person authorizes such 
disclosure after the person is provided notice and an 
opportunity to object.
  (b) Disclosure to Federal Defense or Homeland Security 
Agencies.--The Administrator may disclose nonaggregated data 
and information to any agency of the Department of Homeland 
Security or the Department of Defense, upon written request by 
the head of the agency for appropriate purposes.

SEC. _06. ADVISORY COMMITTEE.

  (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall establish an 
advisory committee to be known as the Mineral Commodity 
Advisory Committee.
  (b) Functions.--The Advisory Committee--
          (1) shall respond to all questions referred to it by 
        the Administrator regarding any matter related to the 
        activities authorized by this title;
          (2) shall undertake such studies and inquiries as are 
        necessary to provide answers, advice, and 
        recommendations on matters referred to it by the 
        Administrator; and
          (3) in carrying out such studies, may seek 
        information from individuals, business enterprises, 
        colleges, universities, and any State or Federal 
        agency.
  (c) Participation in Reviews of Materials.--The Administrator 
shall invite the Advisory Committee to participate in any 
public review of materials prepared pursuant to section _04.
  (d) Membership.--
          (1) In general.--The Advisory Committee--
                  (A) shall consist of 15 individuals appointed 
                in accordance with paragraph (2); and
                  (B) shall include--
                          (i) one representative from each of a 
                        mineral exploration company, a metallic 
                        mineral producer, an industrial mineral 
                        producer, and an aggregate producer;
                          (ii) one representative from each of 
                        the State geologists, mining labor 
                        organizations, and the mining finance 
                        industry;
                          (iii) two representatives from small 
                        businesses;
                          (iv) three representatives from 
                        manufacturing industries; and
                          (v) three purchasing professionals.
          (2) Appointment.--The Administrator shall appoint the 
        members of the Advisory Committee from among 
        individuals who--
                  (A) are not officers or employees of the 
                Federal Government; and
                  (B) are United States citizens.
          (3) Term.--Each member of the Advisory Committee 
        shall be appointed to serve a term of 4 years.
  (e) Organization and Meetings.--The Advisory Committee--
          (1) shall select a Chairman and Vice-Chairman from 
        among its members;
          (2) shall organize itself into such subcommittees as 
        the members determine to be necessary; and
          (3) shall meet not less than 2 times each year.
  (f) Compensation and Expenses.--Subject to the availability 
of appropriations, each member of the Advisory Committee--
          (1) shall be compensated at a rate equal to the daily 
        equivalent of the annual rate of basic pay prescribed 
        for level IV of the Executive Schedule under section 
        5315 of title 5, United States Code, for each day 
        (including travel time) during which such member is 
        engaged in the performance of the duties of the 
        Advisory Committee; and
          (2) shall be allowed travel expenses, including per 
        diem in lieu of subsistence, at rates authorized for 
        employees of agencies under subchapter I of chapter 57 
        of title 5, United States Code, while away from the 
        member's home or regular place of business in the 
        performance of services for the Committee.
  (g) Support and Records Maintenance.--The Administrator--
          (1) shall provide administrative and technical 
        support for the Advisory Committee; and
          (2) shall maintain the records of the Advisory 
        Committee.
  (h) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall apply to the Advisory Committee only to the extent that 
the provisions of such Act do not conflict with the 
requirements of this section.

SEC. _07. DEFINITIONS.

  In this title:
          (1) Administration.--The term ``Administration'' 
        means the Mineral Commodity Information Administration 
        established by this title.
          (2) Administrator.--The term ``Administrator'' means 
        the Administrator of the Administration.
          (3) Advisory committee.--The term ``Advisory 
        Committee'' means the Mineral Commodity Advisory 
        Committee established by this title.

SEC. _08. AUTHORIZATION OF APPROPRIATIONS.

   There is authorized to be appropriated to the Administrator 
to carry out this title $30,000,000 for each of the fiscal 
years through 2008 through 2018.

                                  
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