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H.R. 4214 (98th): A bill to establish a State Mining and Mineral Resources Research Institute program, and for other purposes.

The text of the bill below is as of Aug 29, 1984 (Passed Congress).

98 STAT. 1536                   PUBLIC LAW 98-409—AUG. 29, 1984

                 Public Law 98-409                          L-T'
                 98th Congress
                                                    An Act
 Aug. 29, 1984   To establish a State Mining and Mineral Resources Research Institute program, and
  [H.R. 4214]                                    for other purposes.
                  Be it enacted by the Senate and House of Representatives of the
                 United States of America in Congress assembled,

Schools and         SECTION 1. (aXD There are authorized to be appropriated to the
colleges.        Secretary of the Interior (hereafter in this Act referred to as the
30 u s e 1221.
                  "Secretary") funds adequate to provide for each participating State
                 $300,000 for the fiscal year ending September 30,1985, and $400,000
                 to each participating State for each fiscal year thereafter for a total
                 of five years, to assist the States in carrying on the work of a
                 competent and qualified mining and mineral resources research
                 institute or center (hereafter in this Act referred to as the "insti-
                 tute") at one public college or university in the State which meets
                 the eligibility criteria established in section 10.
Grants.             (2XA) Funds appropriated under this section shall be made avail-
                 able for grants to be matched on a basis of no less than one and one-
                 half non-Federal dollars for each Federal dollar during the fiscal
                 years ending September 30, 1985, and September 30, 1986, and no
                 less than two non-Federal dollars for each Federal dollar during the
                 fiscal years ending September 30, 1987, September 30, 1988, and
                 September 30,1989.
                    (B) If there is more than one such eligible college or university in
                 a State, funds appropriated under this Act shall, in the absence of a
                 designation to the contrary by act of the legislature of the State, be
                 granted to one such college or university designated by the Gover-
                 nor of the State.
                    (C) Where a State does not have a public college or university
                 eligible under section 10, the Committee on Mining and Mineral
                 Resources Research established in section 9 (hereafter in this Act
                 referred to as the "Committee") may allocate the State's allotment
                 to one private college or university which it determines to be eligible
                 under such section.
                    (b) It shall be the duty of each institute to plan and conduct, or
                 arrange for a component or components of the college or university
                 with which it is affiliated to conduct research, investigations, dem-
                 onstrations, and experiments of either, or both, a basic or practical
                 nature in relation to mining and mineral resources, and to provide
                 for the training of mineral engineers and scientists through such
                 research, investigations, demonstrations, and experiments. The sub-
                 ject of such research, investigation, demonstration, experiment, and
                 training may include exploration; extraction; processing; develop-
                 ment; production of mineral resources; mining and mineral technol-
                 ogy; supply and demand for minerals; conservation and best use of
                 available supplies of minerals; the economic, legal, social, engineer-
                 ing, recreational, biological, geographic, ecological, and other as-

PUBLIC LAW 98-409—AUG. 29, 1984 98 STAT. 1537 pects of mining, mineral resources, and mineral reclamation. Such research, investigation, demonstration, experiment, and training shall consider the interrelationship with the natural environment, the varying conditions and needs of the respective States, and mining and mineral resources research projects being conducted by agencies of the Federal and State governments and other institutes. RESEARCH FUNDS TO INSTITUTES SEC. 2. (a) There is authorized to be appropriated to the Secretary Appropriation $10,000,000 for the fiscal year ending September 30, 1985. This authorization. amount shall be increased by $1,000,000 for each fiscal year thereaf- 30 u s e 1222. ter for four additional years, which shall remain available until expended. Such funds when appropriated shall be made available to institutes to meet the necessary expenses for purposes of— (1) specific mineral research and demonstration projects of broad application, which could not otherwise be undertaken, including the expenses of planning and coordinating regional mining and mineral resources research projects by two or more institutes; and mM (2) research into any aspects of mining and mineral resources problems related to the mission of the Department of the Inte- rior, which are deemed by the Committee to be desirable and are not otherwise being studied. Ot>) Each application for funds under subsection (a) of this section shall state, among other things, the nature of the project to be undertaken; the period during which it will be pursued; the qualifi- cations of the personnel who will direct and conduct it; the esti- mated costs; the importance of the project to the Nation, region, or State concerned; its relation to other known research projects there- tofore pursued or being pursued; the extent to which the proposed project will provide opportunity for the training of mining and mineral engineers and scientists; and the extent of participation by nongovernmental sources in the project. (c) The Committee shall review all such funding applications and recommend to the Secretary the use of the institutes, insofar as practicable, to perform special research. Recommendations shall be made without regard to the race, religion, or sex of the personnel who will conduct and direct the research, and on the basis of the facilities available in relation to the particular needs of the research project; special geographic, geologic, or climatic conditions within the immediate vicinity of the institute; any other special require- ments of the research project; and the extent to which such project will provide an opportunity for training individuals as mineral engineers and scientists. The Committee shall recommend to the Secretary the designation and utilization of such portions of the funds authorized to be appropriated by this section as it deems appropriate for the purpose of providing scholarships, graduate fellowships, and postdoctoral fellowships. (d) No funds shall be made available under subsection (a) of this Prohibitions. section except for a project approved by the Secretary and all funds shall be made available upon the basis of merit of the project, the need for the knowledge which it is expected to produce when completed, and the opportunity it provides for the training of indi- viduals as mineral engineers and scientists. (e) No funds made available under this section shall be applied to Prohibitions. the acquisition by purchase or lease of any land or interests therein,
98 STAT. 1538 PUBLIC LAW 98-409—AUG. 29, 1984 or the rental, purchase, construction, preservation, or repair of any building. FUNDING CRITERIA 30 u s e 1223. SEC. 3. (a) Funds available to institutes under sections 1 and 2 of this Act shall be paid at such times and in such amounts during each fiscal year as determined by the Secretary, and upon vouchers approved by him. Each institute shall— (1) set forth its plan to provide for the training of individuals as mineral engineers and scientists under a curriculum appro- priate to the field of mineral resources and mineral engineering and related fields; (2) set forth policies and procedures which assure that Federal funds made available under this Act for any fiscal year will ^ supplement and, to the extent practicable, increase the level of J., funds that would, in the absence of such Federal funds, be made ' available for purposes of this Act, and in no case supplant such funds; and Report. (3) have an officer appointed by its governing authority who shall receive and account for all funds paid under the provisions of this Act and shall make an annual report to the Secretary on or before the first day of September of each year, on work accomplished and the status of projects underway, together with a detailed statement of the amounts received under any provisions of this Act during the preceding fiscal year, and of its disbursements on schedules prescribed by the Secretary. If any of the funds received by the authorized receiving officer of any institute under the provisions of this Act shall by any action or contingency be found by the Secretary to have been improperly diminished, lost, or misapplied, such funds shall be replaced by the State concerned and until so replaced no subsequent appropriation shall be allotted or paid to any institute of such State. (b) The institutes are authorized and encouraged to plan and conduct programs under this Act in cooperation with each other and with such other agencies and individuals as may contribute to the solution of the mining and mineral resources problems involved. Moneys appropriated pursuant to this Act shall be available for paying the necessary expenses of planning, coordinating, and con- ducting such cooperative research. DUTIES OF THE SECRETARY Regulations. SEC. 4. (a) The Secretary shall administer this Act and, after full 30 u s e 1224. consultation with other interested Federal agencies, shall prescribe such rules and regulations as may be necessary to carry out its provisions. The Secretary shall furnish such advice and assistance as will best promote the purposes of this Act, shall participate in coordinating research initiated under this Act by the institutes, .snoiM(--'i'i shall indicate to them such lines of inquiry that seem most impor- tant, and shall encourage and assist in the establishment and maintenance of cooperation by and between the institutes and between them and other research organizations, the United States Department of the Interior, and other Federal establishments. .mm'tUdl'ky- (b) On or before the first day of July in each year beginning after the date of enactment of this Act, the Secretary shall ascertain
PUBLIC LAW 98-409—AUG. 29, 1984 98 STAT. 1539 whether the requirements of section 3(a) have been met as to each institute and State. (c) The Secretary shall make an annual report to the Congress of Report. the receipts, expenditures, and work of the institutes in all States under the provisions of this Act. The Secretary's report shall indi- cate whether any portion of an appropriation available for allot- ment to any State has been withheld and, if so, the reason therefor. AUTONOMY SEC. 5. Nothing in this Act shall be construed to impair or modify 30 u s e 1225. the legal relationship existing between any of the colleges or univer- sities under whose direction an institute is established and the government of the State in which it is located, and nothing in this Act shall in any way be construed to authorize Federal control or direction of education at any college or university. MISCELLANEOUS PROVISIONS SEC. 6. (a) The Secretary shall obtain the continuing advice and 30 u s e 1226. cooperation of all agencies of the Federal Government concerned with mining and mineral resources, of State and local governments, and of private institutions and individuals to assure that the pro- grams authorized by this Act will supplement and not be redundant with respect to established mining and minerals research programs, and to stimulate research in otherwise neglected areas, and to contribute to a comprehensive nationwide program of mining and minerals research, with due regard for the protection and conserva- tion of the environment. The Secretary shall make generally avail- Public able information and reports on projects completed, in progress, or availability. planned under the provisions of this Act, in addition to any direct publication of information by the institutes themselves. (b) Nothing in this Act is intended to give or shall be construed as Prohibitions. giving the Secretary any authority over mining and mineral resources research conducted by any agency of the Federal Govern- ment, or as repealing or diminishing existing authorities or respon- sibilities of any agency of the Federal Government to plan and conduct, contract for, or assist in research in its area of responsibil- ity and concern with regard to mining and mineral resources. (c) No research, demonstration, or experiment shall be carried out Prohibitions. under this Act by an institute financed by grants under this Act, Public availability. unless all uses, products, processes, patents, and other developments Patents. resulting therefrom, with such exception or limitation, if any, as the Secretary may find necessary in the public interest, are made available promptly to the general public. Patentable inventions shall be governed by the provisions of Public Law 96-517. Nothing 94 Stat. 3015. contained in this section shall deprive the owner of any background patent relating to any such activities of any rights which that owner may have under that patent. (d) There are authorized to be appropriated after September 30, Appropriation 1984, such sums as are necessary for the printing and publishing of authorization. the results of activities carried out by institutes under this Act and for administrative planning and direction, but such appropriations shall not exceed $1,000,000 in any single fiscal year.
98 STAT. 1540 PUBLIC LAW 98-409—AUG. 29, 1984 rfoF*^ oi »B ism CENTER FOR CATALOGING iO(n f^ct Public SEC. 7. The Secretary shall establish a center for cataloging information current and projected scientific research in all fields of mining and 30 u s e 1227. mineral resources. Each Federal agency doing mining and mineral resources research shall cooperate by providing the cataloging center with information on work underway or scheduled by it. The cataloging center shall classify and maintain for public use a catalog of mining and mineral resources research and investigation projects in progress or scheduled by all Federal agencies and by such non- Federal agencies of government, colleges, universities, private institutions, firms, and individuals as may make such information available. INTERAGENCY COOPERATION President of SEC. 8. The President shall, by such means as he deems appropri- U.S. ate, clarify agency responsibility for Federal mining and mineral 30 u s e 1228. resources research and provide for interagency coordination of such research, including the research authorized by this Act. Such coordi- nation shall include— (1) continuing review of the adequacy of the Government-wide program in mining and mineral resources research; (2) identification and elimination of duplication and overlap between agency programs; (3) identification of technical needs in various mining and mineral resources research categories; (4) recommendations with respect to allocation of technical effort among Federal agencies; (5) review of technical manpower needs, and findings concern- ing management policies to improve the quality of the Govern- ment-wide research effort; and (6) actions to facilitate interagency communication at man- agement levels. COMMITTEE Establishment. SEC. 9. (a) The Secretary shall appoint a Committee on Mining and 30 u s e 1229. Mineral Resources Research composed of^ (1) the Assistant Secretary of the Interior responsible for minerals and mining research, or his delegate; (2) the Director, Bureau of Mines, or his delegate; (3) the Director, United States Geological Survey, or his delegate; (4) the Director of the National Science Foundation, or his delegate; (5) the President, National Academy of Sciences, or his delegate; (6) the President, National Academy of Engineering, or his delegate; and (7) not more than six other persons who are knowledgeable in the fields of mining and mineral resources research, including two university administrators involved in the conduct of pro- 30 u s e 1221. grams authorized by section 301 of the Surface Mining Control and Reclamation Act of 1977, two representatives from the mining industry, a working miner, and a representative from the conservation community. In making these six appointments, the Secretary shall consult with interested groups.
PUBLIC LAW 98-409—AUG. 29, 1984 98 STAT. 1541 (b) The Committee shall consult with, and make recommendations to, the Secretary on all matters relating to mining and mineral resources research and the determinations that are required to be made under this Act. The Secretary shall consult with, and consider recommendations of, such Committee in such matters. (c) Committee members, other than officers or employees of Fed- eral, State, or local governments, shall be, for each day (including traveltime) during which they are performing Committee business, paid at a rate fixed by the Secretary but not excess of the daily >^-{ , ? m- equivalent of the maximum rate of pay for grade GS-18 of the General Schedule under section 5332 of title 5 of the United States Code, and shall be fully reimbursed for travel, subsistence, and related expenses. (d) The Committee shall be jointly chaired by the Assistant Secre- tary of the Interior responsible for minerals and mining and a person to be elected by the Committee from among the members referred to in paragraphs (5), (6), and (7) of subsection (a) of this section. (e) The Committee shall develop a national plan for research in Plan, mining and mineral resources, considering ongoing efforts in the universities, the Federal Government, and the private sector, and shall formulate and recommend a program to implement the plan utilizing resources provided for under this Act. The Committee shall submit such plan to the Secretary, the President, and the Congress on or before March 1, 1986, and shall update the plan annually thereafter. (f) Section 10 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. ELIGIBILITY CRITERIA SEC. 10. (a) The Committee shall determine the eligibility of a 30 USC 1230. college or university to participate as a mining and mineral re- sources research institute under this Act using criteria which include— (1) the presence of a substantial program of graduate instruc- tion and research in mining or mineral extraction or closely related fields which has a demonstrated history of achievement; (2) evidence of institutional commitment for the purposes of this Act; (3) evidence that such institution has or can obtain significant industrial cooperation in activities within the scope of this Act; and :(^8f'iv.:fi_.oH.«
98 STAT. 1542 PUBLIC LAW 98-409—AUG. 29, 1984 (4) the presence of an engineering program in mining or minerals extraction that is accredited by the Accreditation Board for Engineering and Technology, or evidence of equiva- lent institutional capability as determined by the Committee. 0)) Notwithstanding the provisions of subsection (a), those colleges or universities which, on the date of enactment of this Act, have a mining or mineral resources research institute program which has been found to be eligible pursuant to title III of the Surface Mining 30 use 1221. Control and Reclamation Act of 1977 (91 Stat. 445) shall continue to be eligible pursuant to this Act for a period of four fiscal years beginning October 1,1984. Approved August 29, 1984. -fifiW .0,8,1' o; ijA fimiimtnfO vioslvoA uiwhi/^i P'di m 01 s^iiimttio^ spj oi '4qqis ion;, AIMSTIJBO YTLIiaiOT.ia li.'. At-ii ''ji •, , ji")'./ 3iAiicj».J JO<Jti v.jkiij '•.fail':.. J iii-.'Ijdillt t ^:.« »ii;>;; J J LEGISLATIVE HISTORY—H.R. 4214: HOUSE REPORT No. 98-653 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-437 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 9, considered and passed House. Aug. 9, considered and passed Senate, amended. Aug. 10, House concurred in certain Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 35 (1984): Aug. 29, Presidential statement.