S 912 — Mining Schools Act of 2023

changes in existing law made by 
the bill S. 912, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

 MINING AND MINERAL RESOURCES INSTITUTES ACT

 Public Law 98-409 (98 Stat. 1536; 30 U.S.C. 1221 et seq.)

 [AN ACT] To establish a State Mining and Mineral Resources Research 
 Institute program, and for other purposes.

 [Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled,

 [AUTHORIZATION OF STATE ALLOTMENTS TO INSTITUTES

 [Section 1. (a)(1) There are authorized to be appropriated 
to the Secretary of the Interior (hereafter in this Act 
referred to as the ``Secretary'') funds adequate to provide for 
each participating State $400,000 for each of the fiscal years 
ending September 30, 1990, through September 30, 1994, 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 ``institute'') 
at one public college or university in the State which meets 
the eligibility criteria established in section 10.
 [(2)(A) Funds appropriated under this section shall be made 
available for grants to be matched on a basis of no less than 2 
non-Federal dollars for each Federal dollar.
 [(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 Governor 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, demonstrations, 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 subject of 
such research, investigation, demonstration, experiment, and 
training may include exploration; extraction; processing; 
development; production of fuel and nonfuel mineral resources; 
mining and mineral technology; supply and demand for minerals; 
conservation and best use of available supplies of minerals; 
the economic, legal, social, engineering, recreational, 
biological, geographic, ecological, and other aspects 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 not more than $15,000,000 for each of the fiscal 
years ending September 30, 1990, through September 30, 1994, 
which shall remain available until expended. Such funds when 
appropriated shall be made available to an institute or to 
institutes participating in a generic mineral technology center 
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
 [(2) research into any aspects of mining and mineral 
 resources problems related to the mission of the 
 Department of the Interior, which are deemed by the 
 Committee to be desirable and are not otherwise being 
 studied.
 [There is authorized to be appropriated to the Secretary 
not more than $1,800,000 for each of the fiscal years after 
fiscal year 1996 to be made available by the Secretary to an 
institute or institutes experienced in investigating the 
continental shelf regions of the United States, the deep seabed 
and near shore environments of islands, and the Arctic and cold 
water regions as a source for nonfuel minerals. Such funds are 
to be used by the institute or institutes to assist in 
developing domestic technological capabilities required for the 
location of, and the efficient and environmentally sound 
recovery of, minerals (other than oil and gas) from the 
Nation's shallow and deep seabed.
 [(b) 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 qualifications of the personnel who will direct 
and conduct it; the estimated costs; the importance of the 
project to the Nation, region, or State concerned; its relation 
to other known research projects theretofore 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 requirements 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 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 individuals as mineral engineers and 
scientists.
 [(e) No funds made available under this section shall be 
applied to the acquisition by purchase or lease of any land or 
interests therein, or the rental, purchase, construction, 
preservation, or repair of any building.]

 [FUNDING CRITERIA

 [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 appropriate 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 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
 [(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 conducting such cooperative 
research.]

 [DUTIES OF SECRETARY

 [Sec. 4. (a) The Secretary, acting through the Director of 
the Bureau of Mines, shall administer this Act and, after full 
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, shall indicate to them such lines 
of inquiry that seem most important, 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.
 [(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 whether the requirements of section 
3(a) have been met as to each institute and State.]

 [AUTONOMY

 [Sec. 5. Nothing in this Act shall be construed to impair 
or modify the legal relationship existing between any of the 
colleges or universities 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 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 programs 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 
conservation of the environment. The Secretary shall make 
generally available information and reports on projects 
completed, in progress, or 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 giving the Secretary any authority over mining and 
mineral resources research conducted by any agency of the 
Federal Government, or as repealing or diminishing existing 
authorities or responsibilities of any agency of the Federal 
Government to plan and conduct, contract for, or assist in 
research in its area of responsibility and concern with regard 
to mining and mineral resources.
 [(c) No research, demonstration, or experiment shall be 
carried out under this Act by an institute financed by grants 
under this Act, unless all uses, products, processes, patents, 
and other developments 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 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)(1) There is authorized to be appropriated to the 
Secretary $450,000 for each of the fiscal years ending 
September 30, 1990, through September 30, 1994, to administer 
this Act. No funds may be withheld by the Secretary for 
administrative expenses from those authorized to be 
appropriated by sections 1 and 2 of this Act.
 [(2) There are authorized to be appropriated to the 
Secretary such sums as are necessary for the printing and 
publishing of the results of activities carried out by 
institutes and generic mineral technology centers under this 
Act, but such appropriations shall not exceed $550,000 in any 
single fiscal year.]

 [CENTER FOR CATALOGING

 [Sec. 7. The Secretary shall establish a center for 
cataloging current and projected scientific research in all 
fields of mining and 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

 [Sec. 8. The President shall, by such means as he deems 
appropriate, clarify agency responsibility for Federal mining 
and mineral resources research and provide for interagency 
coordination of such research, including the research 
authorized by this Act. Such coordination 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 
 concerning management policies to improve the quality 
 of the Government-wide research effort; and
 [(6) actions to facilitate interagency communication 
 at management levels.]

 [COMMITTEE

 [Sec. 9. (a) The Secretary shall appoint a Committee on 
Mining and 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 7 other persons who are 
 knowledgeable in the fields of mining and mineral 
 resources research, including two university 
 administrators involved in the conduct of programs 
 authorized by this Act, 3 representatives from the 
 mining industry, a working minor, and a representative 
 from the conservation community. In making these 7 
 appointments, the Secretary shall consult with 
 interested groups.
 [(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 
Federal, 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 [in] excess of the daily 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 Secretary 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 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 submit an annual update of such plan by January 15 of 
each calendar year.
 [(f) Section 1009 of title 5, United States Code, shall not 
apply to the Committee.]

 [ELIGIBILITY CRITERIA

 [Sec. 10. (a) The Committee shall determine the eligibility 
of a college or university to participate as a mining and 
mineral resources research institute under this Act using 
criteria which include--
 [(1) the presence of a substantial program of 
 graduate instruction 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
 [(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 equivalent institutional capability as 
 determined by the Committee.
 [(b)(1) Notwithstanding the provisions of subsection (a), 
those colleges or universities which, on the date of enactment 
of the Mining and Mineral Resources Research Institute 
Amendments of 1988, have a mining or mineral resources research 
institute program which has been found to be eligible pursuant 
to this Act shall continue to be eligible subject to review at 
least once during the period authorized by the Mining and 
Mineral Resources Research Institute Amendments of 1988, under 
the provisions of subsection (a). The results of such review 
shall be submitted by January 15, 1992, pursuant to section 
11(a)(2) of the Mining and Mineral Resources Research Institute 
Amendments of 1988.
 [(2) Generic mineral technology centers established by the 
Secretary under this Act are to be composed of institutes 
eligible pursuant to subsection (a). Existing generic mineral 
technology centers shall continue to be eligible under this Act 
subject to at least one review prior to January 15, 1992, 
pursuant to section 11(a)(3) of the Mining and Mineral 
Resources Research Institute Amendments of 1988.]

[SEC. 11. SHORT TITLE.

 [This Act may be cited as the ``Mining and Mineral 
Resources Institutes Act''.

[SEC. 12. STRATEGIC RESOURCES GENERIC MINERAL TECHNOLOGY CENTER.

 [(a) Establishment.--The Secretary of [the] Interior is 
authorized and directed to establish a Strategic Resources 
Mineral Technology Center (hereinafter referred to as the 
``center'') for the purpose of improving existing, and 
developing new, technologies that will decrease the dependence 
of the United States on supplies of strategic and critical 
minerals.
 [(b) Functions.--The center shall--
 [(1) provide for studies and technology development 
 in the areas of mineral extraction and refining 
 processes, product substitution and conservation of 
 mineral resources through recycling and advanced 
 processing and fabrication methods;
 [(2) identify new deposits of strategic and critical 
 mineral resources; and
 [(3) facilitate the transfer of information, studies, 
 and technologies developed by the center to the private 
 sector.
 [(c) Criteria.--The Secretary shall establish the center 
referred to in subsection (a) at a university that--
 [(1) does not currently host a generic mineral 
 technology center;
 [(2) has established advanced degree programs in 
 geology and geological engineering, and metallurgical 
 and mining engineering;
 [(3) has expertise in materials and advanced 
 processing research; and
 [(4) is located west of the 100th meridian.
 [(d) Authorization of Appropriations.--There is authorized 
to be appropriated such sums as may be necessary to carry out 
this section.]