§ 1903. — Grants, contracts, and cooperative agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1903]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 31--MARINE MINERAL RESOURCES RESEARCH
Sec. 1903. Grants, contracts, and cooperative agreements
(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.
(Pub. L. 91-631, title II, Sec. 203, as added Pub. L. 104-325,
Sec. 2(3), Oct. 19, 1996, 110 Stat. 3995.)
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.
Section Referred to in Other Sections
This section is referred to in section 1901 of this title.
