[104th Congress Public Law 325]
[From the U.S. Government Printing Office]
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[DOCID: f:publ325.104]
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MARINE MINERAL RESOURCES RESEARCH ACT OF 1996
[[Page 110 STAT. 3994]]
Public Law 104-325
104th Congress
An Act
To promote the research, identification, assessment, and exploration of
marine mineral resources, and for other purposes. <<NOTE: Oct. 19,
1996 - [S. 1194]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Marine Mineral Resources
Research Act of 1996.>> assembled,
SECTION 1. <<NOTE: 30 USC 1901 note.>> 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. <<NOTE: 30 USC 1901.>> 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;
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``(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. <<NOTE: Establishment. 30 USC 1902.>> 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. <<NOTE: 30 USC 1903.>> GRANTS, CONTRACTS, AND COOPERATIVE
AGREEMENTS.
``(a) Assistance and Coordination.--
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``(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
[[Page 110 STAT. 3997]]
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
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``(2) in the case of an annual progress report, includes a
project plan for the subsequent year.
``SEC. 204. <<NOTE: 30 USC 1904.>> 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).
[[Page 110 STAT. 3999]]
``SEC. 205. <<NOTE: 30 USC 1905.>> AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated such sums as are necessary
to carry out this title.''.
Approved October 19, 1996.
LEGISLATIVE HISTORY--S. 1194:
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SENATE REPORTS: No. 104-296 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 28, considered and passed Senate.
Oct. 4, considered and passed House.
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