Pub.L. 104-326 To extend contracts between the Bureau of Reclamation and irrigation districts in Kansas and Nebraska, and for other purposes. <> ...

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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;

[[Page 110 STAT. 3995]]

                    ``(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.--

[[Page 110 STAT. 3996]]

            ``(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

[[Page 110 STAT. 3998]]

            ``(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;

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