US (United States) Code. Title 30. Chapter 31: Marine mineral resources research

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Mineral lands and mining

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30 USC CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH

-HEAD-

CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH

-MISC1-

Sec.

1901. Definitions.

1902. Research program.

(a) In general.

(b) Program goal.

(c) Responsibilities of Secretary.

1903. Grants, contracts, and cooperative agreements.

(a) Assistance and coordination.

(b) Competitive review.

(c) Limitations.

(d) Reports.

1904. Marine mineral research centers.

(a) In general.

(b) Concentration.

(c) Criteria.

(d) Center activities.

(e) Allocation of funds.

(f) Limitations.

1905. Authorization of appropriations.

-End-

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30 USC Sec. 1901 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH

-HEAD-

Sec. 1901. Definitions

-STATUTE-

In this chapter:

(1) The term "contract" has the same meaning as "procurement

contract" in section 6303 of title 31.

(2) The term "cooperative agreement" has the same meaning as in

section 6305 of title 31.

(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.

(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;

(G) for purposes of this section and sections 1902 through

1905 of this title only, methane hydrate; and

(H) other marine resources that are not -

(i) oil and gas;

(ii) fisheries; or

(iii) marine mammals.

(7) The term "methane hydrate" means -

(A) a methane clathrate that is in the form of a

methane-water ice-like crystalline material and is stable and

occurs naturally in deep-ocean and permafrost areas; and

(B) other natural gas hydrates found in association with

deep-ocean and permafrost deposits of methane hydrate.

(8) The term "Secretary" means the Secretary of the Interior.

-SOURCE-

(Pub. L. 91-631, title II, Sec. 201, as added Pub. L. 104-325, Sec.

2(3), Oct. 19, 1996, 110 Stat. 3994; amended Pub. L. 106-193, Sec.

4, May 2, 2000, 114 Stat. 236.)

-MISC1-

AMENDMENTS

2000 - Par. (6)(G), (H). Pub. L. 106-193, Sec. 4(1), added

subpar. (G) and redesignated former subpar. (G) as (H).

Pars. (7), (8). Pub. L. 106-193, Sec. 4(2), (3), added par. (7)

and redesignated former par. (7) as (8).

SHORT TITLE

Section 1 of Pub. L. 104-325 provided that: "This Act [enacting

this chapter] may be cited as the 'Marine Mineral Resources

Research Act of 1996'."

-End-

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30 USC Sec. 1902 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH

-HEAD-

Sec. 1902. Research program

-STATUTE-

(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 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.

-SOURCE-

(Pub. L. 91-631, title II, Sec. 202, as added Pub. L. 104-325, Sec.

2(3), Oct. 19, 1996, 110 Stat. 3995.)

-MISC1-

METHANE HYDRATE RESEARCH AND DEVELOPMENT

Pub. L. 106-193, May 2, 2000, 114 Stat. 234, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Methane Hydrate Research and

Development Act of 2000'.

"SEC. 2. DEFINITIONS.

"In this Act:

"(1) Contract. - The term 'contract' means a procurement

contract within the meaning of section 6303 of title 31, United

States Code.

"(2) Cooperative agreement. - The term 'cooperative agreement'

means a cooperative agreement within the meaning of section 6305

of title 31, United States Code.

"(3) Director. - The term 'Director' means the Director of the

National Science Foundation.

"(4) Grant. - The term 'grant' means a grant awarded under a

grant agreement, within the meaning of section 6304 of title 31,

United States Code.

"(5) Industrial enterprise. - The term 'industrial enterprise'

means a private, nongovernmental enterprise that has an expertise

or capability that relates to methane hydrate research and

development.

"(6) Institution of higher education. - The term 'institution

of higher education' means an institution of higher education,

within the meaning of section 102(a) of the Higher Education Act

of 1965 (20 U.S.C. 1002(a)).

"(7) Secretary. - The term 'Secretary' means the Secretary of

Energy, acting through the Assistant Secretary for Fossil Energy.

"(8) Secretary of Commerce. - The term 'Secretary of Commerce'

means the Secretary of Commerce, acting through the Administrator

of the National Oceanic and Atmospheric Administration.

"(9) Secretary of Defense. - The term 'Secretary of Defense'

means the Secretary of Defense, acting through the Secretary of

the Navy.

"(10) Secretary of the Interior. - The term 'Secretary of the

Interior' means the Secretary of the Interior, acting through the

Director of the United States Geological Survey and the Director

of the Minerals Management Service.

"SEC. 3. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM.

"(a) In General. -

"(1) Commencement of program. - Not later than 180 days after

the date of the enactment of this Act [May 2, 2000], the

Secretary, in consultation with the Secretary of Commerce, the

Secretary of Defense, the Secretary of the Interior, and the

Director, shall commence a program of methane hydrate research

and development in accordance with this section.

"(2) Designations. - The Secretary, the Secretary of Commerce,

the Secretary of Defense, the Secretary of the Interior, and the

Director shall designate individuals to carry out this section.

"(3) Coordination. - The individual designated by the Secretary

shall coordinate all activities within the Department of Energy

relating to methane hydrate research and development.

"(4) Meetings. - The individuals designated under paragraph (2)

shall meet not later than 270 days after the date of the

enactment of this Act and not less frequently than every 120 days

thereafter to -

"(A) review the progress of the program under paragraph (1);

and

"(B) make recommendations on future activities to occur

subsequent to the meeting.

"(b) Grants, Contracts, Cooperative Agreements, Interagency Funds

Transfer Agreements, and Field Work Proposals. -

"(1) Assistance and coordination. - In carrying out the program

of methane hydrate research and development authorized by this

section, the Secretary may award grants or contracts to, or enter

into cooperative agreements with, institutions of higher

education and industrial enterprises to -

"(A) conduct basic and applied research to identify, explore,

assess, and develop methane hydrate as a source of energy;

"(B) assist in developing technologies required for efficient

and environmentally sound development of methane hydrate

resources;

"(C) undertake research programs to provide safe means of

transport and storage of methane produced from methane

hydrates;

"(D) promote education and training in methane hydrate

resource research and resource development;

"(E) conduct basic and applied research to assess and

mitigate the environmental impacts of hydrate degassing

(including both natural degassing and degassing associated with

commercial development);

"(F) develop technologies to reduce the risks of drilling

through methane hydrates; and

"(G) conduct exploratory drilling in support of the

activities authorized by this paragraph.

"(2) Competitive merit-based review. - Funds made available

under paragraph (1) shall be made available based on a

competitive merit-based process.

"(c) Consultation. - The Secretary shall establish an advisory

panel consisting of experts from industrial enterprises,

institutions of higher education, and Federal agencies to -

"(1) advise the Secretary on potential applications of methane

hydrate;

"(2) assist in developing recommendations and priorities for

the methane hydrate research and development program carried out

under subsection (a)(1); and

"(3) not later than 2 years after the date of the enactment of

this Act [May 2, 2000], and at such later dates as the panel

considers advisable, submit to Congress a report on the

anticipated impact on global climate change from -

"(A) methane hydrate formation;

"(B) methane hydrate degassing (including natural degassing

and degassing associated with commercial development); and

"(C) the consumption of natural gas produced from methane

hydrates.

Not more than 25 percent of the individuals serving on the advisory

panel shall be Federal employees.

"(d) Limitations. -

"(1) Administrative expenses. - Not more than 5 percent of the

amount made available to carry out this section for a fiscal year

may be used by the Secretary for expenses associated with the

administration of the program carried out under subsection

(a)(1).

"(2) Construction costs. - None of the funds made available to

carry out 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).

"(e) Responsibilities of the Secretary. - In carrying out

subsection (b)(1), the Secretary shall -

"(1) facilitate and develop partnerships among government,

industrial enterprises, and institutions of higher education to

research, identify, assess, and explore methane hydrate

resources;

"(2) undertake programs to develop basic information necessary

for promoting long-term interest in methane hydrate resources as

an energy source;

"(3) ensure that the data and information developed through the

program are accessible and widely disseminated as needed and

appropriate;

"(4) promote cooperation among agencies that are developing

technologies that may hold promise for methane hydrate resource

development; and

"(5) report annually to Congress on accomplishments under this

section.

"SEC. 4. AMENDMENTS TO THE MINING AND MINERALS POLICY ACT OF

1970.

"[Amended section 1901 of this title.]

"SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated to the Secretary of

Energy to carry out this Act -

"(1) $5,000,000 for fiscal year 2001;

"(2) $7,500,000 for fiscal year 2002;

"(3) $11,000,000 for fiscal year 2003;

"(4) $12,000,000 for fiscal year 2004; and

"(5) $12,000,000 for fiscal year 2005.

Amounts authorized under this section shall remain available until

expended.

"SEC. 6. SUNSET.

"Section 3 of this Act shall cease to be effective after the end

of fiscal year 2005.

"SEC. 7. NATIONAL RESEARCH COUNCIL STUDY.

"The Secretary shall enter into an agreement with the National

Research Council for such council to conduct a study of the

progress made under the methane hydrate research and development

program implemented pursuant to this Act, and to make

recommendations for future methane hydrate research and development

needs. The Secretary shall transmit to the Congress, not later than

September 30, 2004, a report containing the findings and

recommendations of the National Research Council under this

section.

"SEC. 8. REPORTS AND STUDIES.

"The Secretary of Energy shall provide to the Committee on

Science of the House of Representatives copies of any report or

study that the Department of Energy prepares at the direction of

any committee of the Congress."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1901 of this title.

-End-

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30 USC Sec. 1903 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH

-HEAD-

Sec. 1903. Grants, contracts, and cooperative agreements

-STATUTE-

(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 October 19, 1996, 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 3511(d)(12) of title 19.

(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)

of this section 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 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.

(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.

-SOURCE-

(Pub. L. 91-631, title II, Sec. 203, as added Pub. L. 104-325, Sec.

2(3), Oct. 19, 1996, 110 Stat. 3995.)

-COD-

CODIFICATION

October 19, 1996, referred to in subsec. (a)(2)(C), was in the

original "the date of enactment of this Act", which was translated

as meaning the date of enactment of Pub. L. 104-135, which enacted

this chapter, to reflect the probable intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1901 of this title.

-End-

-CITE-

30 USC Sec. 1904 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH

-HEAD-

Sec. 1904. Marine mineral research centers

-STATUTE-

(a) In general

No later than 90 days after October 19, 1996, 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; (!1)

(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) of this section, 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).

-SOURCE-

(Pub. L. 91-631, title II, Sec. 204, as added Pub. L. 104-325, Sec.

2(3), Oct. 19, 1996, 110 Stat. 3998.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1901 of this title.

-FOOTNOTE-

(!1) So in original. The semicolon probably should be a colon.

-End-

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30 USC Sec. 1905 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 31 - MARINE MINERAL RESOURCES RESEARCH

-HEAD-

Sec. 1905. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated such sums as are necessary

to carry out this chapter.

-SOURCE-

(Pub. L. 91-631, title II, Sec. 205, as added Pub. L. 104-325, Sec.

2(3), Oct. 19, 1996, 110 Stat. 3999.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1901 of this title.

-End-