69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–416 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2262) TO MODIFY THE 

REQUIREMENTS APPLICABLE TO LOCATABLE MINERALS ON PUBLIC DOMAIN LANDS, CONSISTENT WITH THE PRINCIPLES OF SELF-INITIATION 

OF MINING CLAIMS, AND FOR OTHER PURPOSES 

OCTOBER 30, 2007.—Referred to the House Calendar and ordered to be printed 

Mr. MCGOVERN, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 780] 

The Committee on Rules, having had under consideration House 

Resolution 780, by a non-record vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 2262, the 

Hardrock Mining and Reclamation Act of 2007, under a structured 

rule. The rule provides one hour of debate equally divided and controlled by the chairman and ranking minority member of the Committee on Natural Resources. The rule waives all points of order 

against consideration of the bill except clauses 9 and 10 of rule 

XXI. The rule provides that the amendment in the nature of a substitute recommended by the Committee on Natural Resources now 

printed in the bill shall be considered as an original bill for the 

purpose of amendment and shall be considered as read. All points 

of order against the committee amendment in the nature of a substitute are waived except clause 10 of rule XXI. This waiver does 

not affect the point of order available under clause 9 of rule XXI 

(regarding earmark disclosure). 

The rule makes in order only those amendments printed in this 

report. The amendments made in order may be offered only in the 

order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to 

amendment, and shall not be subject to a demand for a division of 

the question in the House or in the Committee of the Whole. All 

points of order against the amendments except for clauses 9 and 

10 of rule XXI are waived. The rule provides one motion to recomVerDate Aug 31 2005 03:46 Oct 31, 2007 Jkt 069008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR416.XXX HR416

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mit with or without instructions. The rule provides that, notwithstanding the operation of the previous question, the Chair may 

postpone further consideration of the bill to a time designated by 

the Speaker. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

(except for clauses 9 and 10 of rule XXI) includes a waiver of clause 

4(a) of rule XIII, requiring a three-day layover of the committee report and a waiver of Section 303(a) of the Congressional Budget 

Act, prohibiting consideration of legislation providing new budget 

authority, change in revenues, change in public debt, new entitlement authority, or new credit authority for a fiscal year until the 

budget resolution for that year has been agreed to. Although the 

rule waives all points of order against the committee amendment 

in the nature of a substitute (except clause 10 of rule XXI), the 

Committee is not aware of any points of order against provisions 

of the bill. The waiver is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 371 

Date: October 30, 2007. 

Measure: H.R. 2262. 

Motion by: Mr. Diaz-Balart. 

Summary of motion: To grant an open rule. 

Results: Defeated 4–7. 

Vote by Members: McGovern—Nay; Matsui—Nay; Welch—Nay; 

Castor—Nay; Arcuri—Nay; Sutton—Nay; Dreier—Yea; DiazBalart—Yea; Hastings (WA)—Yea; Sessions—Yea; Slaughter—Nay. 

Rules Committee record vote No. 372 

Date: October 30, 2007. 

Measure: H.R. 2262. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Gohmert (TX), #1, which would 

establish that the term of a mine operations permit would be ‘‘the 

period necessary to accomplish the proposed mineral activities subject to the permit’’ or ‘‘20 years’’; whichever period is greater. 

Results: Defeated 4–7. 

Vote by Members: McGovern—Nay; Matsui—Nay; Welch—Nay; 

Castor—Nay; Arcuri—Nay; Sutton—Nay; Dreier—Yea; DiazBalart—Yea; Hastings (WA)—Yea; Sessions—Yea; Slaughter—Nay; 

Rules Committee record vote No. 373 

Date: October 30, 2007. 

Measure: H.R. 2262. 

Motion by: Mr. Hastings (WA). 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Pearce (NM), #4, which states 


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that the Act shall expire if and when the United States does not 

have the number one gross domestic product in the world. 

Results: Defeated 4–7. 

Vote by Members: 

McGovern—Nay; Matsui—Nay; Welch—Nay; Castor—Nay; 

Arcuri—Nay; Sutton—Nay; Dreier—Yea; Diaz-Balart—Yea; 

Hastings (WA)—Yea; Sessions—Yea; Slaughter—Nay. 

Rules Committee record vote No. 374 

Date: October 30, 2007. 

Measure: H.R. 2262. 

Motion by: Mr. Hastings (WA). 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Heller (NV), #9, which would 

change the royalty payment structure from a gross income royalty 

to a net proceeds royalty. 

Results: Defeated 4–9. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Sutton—Nay; Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; 

Sessions—Yea; Slaughter—Nay; 

Rules Committee record vote No. 375 

Date: October 30, 2007. 

Measure: H.R. 2262. 

Motion by: Mr. Sessions. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Sali (ID), #22, which allocates 

20% of the Locatable Minerals Fund toward a Fighting Global 

Warming and National Carbon Footprint Reduction Account, which 

would provide incentives for and encourage the domestic production 

of minerals essential to fighting global warming and reducing the 

national carbon footprint, such as minerals used for solar energy 

production and fuel cell construction. 

Results: Defeated 4–9. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Sutton—Nay; Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; 

Sessions—Yea; Slaughter—Nay. 

SUMMARY OF AMENDMENTS MADE IN ORDER

(Summaries derived from information provided by sponsors.) 

1. Rahall (WV): The amendment would clarify that ‘‘valid existing rights’’ associated with existing mining claims would be protected under the Act. It would clarify that in addition to paying a 

4% royalty, existing operations will still need to come into compliance with the Act within 10 years. It would clarify that the claim 

maintenance and location fees currently allotted to administration 

of the mining laws will continue to be so allotted with the balance 

going to clean-up of abandoned hardrock mines, subject to appropriations. It would clarify that user fees assessed by the BLM to 

process mining permit applications will be used for administration 

of the mining law program. It would limit the purview of section 

504–citizen suits—to permits issued pursuant to title III of the Act. 


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Finally, it would clarify that nothing under the Act will affect the 

sovereign immunity of any Indian Tribe. (10 minutes) 

2. Pearce (NM): This amendment would strike the definition of ‘‘undue degradation’’ in the legislation. (10 minutes) 

3. Matsui (CA): The amendment states that river watershed 

areas may be considered as eligible and as priorities to receive 

funding from the Abandoned Locatable Minerals Mine Reclamation 

Fund. (10 minutes) 

4. Heller (NV): The amendment would redirect 50 percent of the 

funds deposited into the Hardrock Reclamation Fund to states in 

proportion to the royalty funds generated there. (10 minutes) 

5. Sali (ID): Strikes section 101—Limitation on Patents. (10 minutes) 

6. Cannon (UT): This amendment would strike section 517—Mineral materials. (10 minutes) 

7. Pearce (NM): This amendment would establish the Mineral 

Commodity Information Administration into a role in the Department of Interior. This administration would have the Minerals Information Team (MIT) to collect, analyze, and disseminate information on the domestic and international supply of, and demand for, 

minerals and mineral materials critical to the U.S economy and national security. This amendment will remove the MIT from under 

the U.S. Geological Survey and establish it as a stand-alone agency 

within the Department of the Interior. The amendment increases 

MIT’s staff in order to perform the new and expanded functions authorized in the amendment. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RAHALL OF

WEST VIRGINIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Amend section 2(b) to read as follows: 

(b) VALID EXISTING RIGHTS.—As used in this Act, the term ‘‘valid 

existing rights’’ means a mining claim or millsite claim located on 

lands described in section 201(b), that—

(1) was properly located and maintained under the general 

mining laws prior to the date of enactment of this Act; 

(2) was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws on the 

date of enactment of this Act, or satisfied the limitations under 

existing law for millsite claims; and 

(3) continues to be valid under this Act. 

In section 3(c)(1), strike the matter preceding subparagraph (A) 

and insert ‘‘Any Federal land shall be subject to the requirements 

of section 102(a)(2) if the land is—’’. 

In section 3(c)(2), strike ‘‘section 102’’ and insert ‘‘section 

102(a)(3)’’. 

Amend section 102(a)(3) to read as follows: 

(3) FEDERAL LAND ADDED TO EXISTING OPERATIONS PERMIT.—

Any Federal land added through a plan modification to an operations permit that is submitted after the date of enactment 

of this Act shall be subject to the royalty that applies to Federal land under paragraph (1). 

Strike section 102(a)(4) (and redesignate the subsequent paragraph accordingly). 


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Amend section 103(a)(4) to read as follows: 

(4) Moneys received under this subsection that are not otherwise allocated for the administration of the mining laws by the 

Department of the Interior shall be deposited in the Locatable 

Minerals Fund established by this Act. 

In section 202(a), strike ‘‘Any State’’ and insert ‘‘Subject to valid 

existing rights, any State’’. In section 202(b)(3), after ‘‘petition’’ insert ‘‘subject to valid existing rights,’’. In section 303(g)(4), strike ‘‘All moneys’’ and all that follows 

through the end of the sentence. 

In section 304(h)(4), strike ‘‘All moneys’’ and all that follows 

through the end of the sentence. 

In section 309, strike ‘‘the National Park System’’ and insert ‘‘a 

National Park’’. In section 309, strike ‘‘including its scenic assets, its water resources, its air quality, and its acoustic qualities, or other changes’’ and insert ‘‘including wildlife, scenic assets, water resources, air 

quality, and acoustic qualities, or other changes’’. Amend section 402(2) to read as follows: 

(2) All fees received under section 304(a)(1)(B). 

Amend section 402(6) to read as follows: 

(6) All amounts received by the United States pursuant to 

section 103 as claim maintenance and location fees minus the 

moneys allocated for administration of the mining laws by the 

Department of the Interior. 

In section 504(a)(1), strike ‘‘allged’’ and insert ‘‘alleged’’. In section 504(a)(1), strike ‘‘pursuant to this Act’’ and insert ‘‘pursuant to title III of this Act’’. In section 504(a)(1), strike ‘‘under this Act’’ and insert ‘‘under 

title III of this Act’’. Amend section 511 to read as follows (and conform the table of 

contents in section 1(b)): 

SEC. 511. OIL SHALE CLAIMS. 

Section 2511(f) of the Energy Policy Act of 1992 (Public Law 102–

486) is amended as follows: 

(1) By striking ‘‘as prescribed by the Secretary’’. 

(2) By inserting before the period the following: ‘‘in the same 

manner as required by title II and title III of the Hardrock 

Mining and Reclamation Act of 2007’’. 

At the end of section 513, add the following: 

(d) SOVEREIGN IMMUNITY OF INDIAN TRIBES.—Nothing in this 

section shall be construed so as to waive the sovereign immunity 

of any Indian tribe. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PEARCE OF

NEW MEXICO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In section 2(a), strike paragraph (19). 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MATSUI OF

CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

In section 411—


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(1) in subsection (a)(2), before the period insert ‘‘, including 

in river watershed areas’’; and 

(2) in subsection (b)(3), before the period insert ‘‘, which may 

include restoration activities in river watershed areas’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HELLER OF

NEVADA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In section 411(b), amend the matter preceding paragraph (1) to 

read as follows: 

(b) ALLOCATION.—Of the amounts deposited into the Hardrock 

Reclamation Account, 50 percent shall be allocated by the Secretary among the States within the boundaries of which occurs production of locatable minerals from mining claims located under the 

general mining laws and maintained in compliance with this Act, 

or mineral concentrates or products derived from locatable minerals from mining claims located under the general mining laws 

and maintained in compliance with this Act, as the case may be, 

in proportion to the amount of such production in each such State. 

Expenditures of the remainder of such amounts shall reflect the 

following priorities in the order stated: 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SALI OF

IDAHO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 101. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CANNON

OF UTAH, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 517. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PEARCE OF

NEW MEXICO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE XX—MINERAL COMMODITY INFORMATION 

ADMINISTRATION 

SEC. l01. SHORT TITLE. 

This title may be cited as ‘‘Resources Origin and Commodity 

Knowledge Act’’. 

SEC. l02. FINDINGS, PURPOSE, AND POLICY. 

(a) FINDINGS.—The Congress finds the following: 

(1) Mineral commodities are essential to the United States 

economy. 

(2) The United States is the world’s leading user of mineral 

commodities. 

(3) Mineral commodities processed domestically accounted for $478,000,000,000 in the United States economy in 2005. 

(4) The value of imports of raw and processed mineral com- modities totaled $103,000,000,000 in 2005. 


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(5) The Board of Governors of the Federal Reserve uses mineral commodity information data and reports to calculate the 

indexes of industrial production, capacity, and capacity utilization, which are among the most widely followed monthly indicators of the United States economy. 

(6) Manufacturers and consumers of mineral commodities in 

the United States depended on foreign countries for 100 percent of 16 mineral commodities and for more than 50 percent 

of 42 mineral commodities that are critical to the United 

States economy. 

(7) The Department of Defense requires mineral commodity 

information on strategic minerals to manage the National Defense Stockpile. 

(8) Mineral specialists assist the Department of State fulfill 

United States obligations under the Clean Diamond Trade Act 

(19 U.S.C. 3901 et seq.) and as a signatory to the Kimberly 

Process Certification Scheme, which is a multinational effort to 

stop the flow of conflict diamonds. 

(9) New and innovative uses of minerals are vital to maintaining the high quality of both the natural environment and 

human environment in the United States. 

(10) Knowledge and understanding of mineral mining, processing, and usage, both domestically and internationally, is important for maintaining the national security and economic security of the United States. 

(b) PURPOSES.—The purpose of this title is to create the Mineral 

Commodity Information Administration to ensure information vital 

to the United States economy, domestic security, and the high 

quality of life enjoyed by all residents of the United States continues to be provided to the many customers that rely upon the 

data. 

(c) POLICY.—The Congress declares that—

(1) it is in the national interest to maintain and disseminate 

information on domestically produced mineral commodities, regardless of ownership of the reserves and resources involved; 

and 

(2) it is in the national interest to maintain and disseminate 

information on international mineral commodities, reserves, 

and resources, international mineral industry activities, and 

international mineral commodity markets. 

SEC. l03. ESTABLISHMENT OF MINERAL COMMODITY INFORMATION 

ADMINISTRATION. 

(a) ESTABLISHMENT.—There is established the Mineral Commodity Information Administration, which shall be under the general direction and supervision of the Secretary of the Interior and 

shall not be affiliated with or be within any other agency or bureau 

of the Department of the Interior. 

(b) ADMINISTRATOR.—The management of the Administration 

shall be vested in an Administrator, who shall be appointed by the 

President, with the advice and consent of the Senate, from among 

individuals who have outstanding qualifications with a broad background and substantial experience in the mineral industries and in 

the management of mineral resources. 

(c) OTHER OFFICIALS AND EMPLOYEES.—


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(1) IN GENERAL.—There shall be in the Administration an 

Associate Administrator and 4 Assistant Administrators who 

shall perform, in accordance with applicable law, such functions as the Administrator shall assign to them in accordance 

with this title. The functions the Administrator shall assign to 

the Assistant Administrators shall include the following functions: 

(A) Commodity information and analysis, including development and maintenance of— (i) historical and current mineral commodity information, including the degree of import dependence of 

the United States; 

(ii) international mineral commodity, reserve, and 

resource information; 

(iii) domestic mineral commodity, reserve, and resource information by State, county, and region; 

(iv) material flow and recycling analysis, showing 

disposition in the United States of mined materials 

into stocks in use, waste, and residuals; and 

(v) ongoing analysis of United States mineral commodity exports, and analysis of imports of mineral 

commodities and processed materials of mineral origin 

that are destined for consumption in the United 

States, categorized by the country of origin. 

(B) Global mineral supply analysis for critical commodities of greatest long-term concern, including collecting and 

developing— (i) location, reserve, resource, technology, and economic data for major discovered deposits; 

(ii) engineering and cost, mini-feasibility studies on 

the most significant deposits; and 

(iii) supply analyses combining the engineering and 

economic data on groups of deposits. 

(C) Mineral materials technology assessment including 

tracking worldwide research, development, and utilization 

of advanced technologies that will permit discovery of new 

deposits, mining and processing of minerals from lowergrade deposits, and recovery of minerals from waste 

streams. 

(D) Mineral industry analysis, including the continuing 

assessment and analysis of events, trends, and issues affecting the minerals sector of the domestic economy, including exploration spending and activity, mineral production trends, mineral stocks and inventories, merger and acquisitions activity, and labor and workforce trends. 

(E) Data acquisition and analysis, including management of data collection, statistical analysis, analytical forecasting and modeling, and regular data quality assessments. 

(F) Information systems and services, including information technology management, publications and production 

dissemination, and library services. 

(G) External affairs, including congressional and legislative liaison, communications, and public affairs, and international and intergovernmental affairs. 


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(H) Budget, financial, and human resource management, 

including budget and financial management, human capital management, employee training, professional development, procurement and contract management, and small 

business support. 

(2) TRANSFER OF EXISTING POSITIONS.—Within 30 days after 

the date of the enactment of this Act, the Secretary of the Interior shall transfer to the Administrator the following positions: 

(A) UNITED STATES GEOLOGICAL SURVEY.—From the 

United States Geological Survey, not less than 200 fulltime equivalent positions, including all filled and unfilled 

commodity and country specialists within the United 

States Geological Survey Minerals Information Team immediately before the enactment of this Act. 

(B) DEPARTMENT OF INTERIOR, GENERALLY.—From the 

Department of the Interior generally not less that 100 full 

time equivalent positions of an administrative nature, including communications and public affairs specialists, congressional and legislative liaison specialists, human resources personnel, librarians, administrative assistants, information technology management specialists, publication 

service specialists, and budget analysts. 

(3) SUBSEQUENT APPOINTMENTS.—The Administrator may appoint such employees as may be necessary to positions that are 

transferred under paragraph (2), but vacant on the date of the 

transfer of the positions. Such appointments shall be subject to 

the provisions of title 5, United States Code, governing appointments in the competitive service. Such positions shall be 

paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification 

and General Schedule pay rates. 

(d) WRITTEN AND ELECTRONIC MATERIALS.—The Secretary of the 

Interior shall transfer to the Administrator all existing written and 

electronic materials under the control of the Department pertaining 

to mineral commodities and mineral resources, including mineral 

commodity time series data, library materials, maps, unpublished 

data files, and existing mineral commodity reports prepared or held 

by the United States Geological Survey and its predecessor agency, 

the Bureau of Mines. 

SEC. l04. DUTIES OF THE ADMINISTRATOR. 

(a) MINERAL COMMODITY DATA AND INFORMATION PROGRAM.—

The Administrator shall carry out a central, comprehensive, and 

unified mineral commodity data and information program to collect, evaluate, assemble, analyze, and disseminate data and information regarding mineral resources and reserves, mineral commodity production, consumption, and technology, and related economic and statistical information, that is relevant to the adequacy 

of mineral resources to meet demands in the near term and longer 

term future for the Nation’s economic and social needs. 

(b) MINERAL COMMODITY DATA TIME SERIES.—

(1) IN GENERAL.—The Administrator shall continue to maintain all existing mineral commodity data time series maintained by the Department of the Interior immediately before 

the enactment of this Act, and shall develop such new mineral 

commodity data time series as the Administrator finds useful 


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and proper after consulting with other Federal and State agencies and the public. 

(2) PUBLIC COMMENT.—The Administrator shall— (A) provide for public review and comment regarding all 

mineral commodity data time series maintained by the Department of the Interior immediately before the enactment 

of this Act, by not later than 15 years after such date of 

enactment; and 

(B) seek public comments on a continuing basis on the 

adequacy and accuracy of any time series added after the 

date of the enactment of this Act, not later than 5 years 

after the inception of such new series. 

(c) PROJECTIONS OF SUPPLY AND USAGE PATTERNS.—

(1) IN GENERAL.—The Administrator shall—

(A) not later than 3 years after the date of the enactment of this Act, prepare and make available to the public 

an analysis of projected mineral commodity supply and 

usage patterns by the United States at 10, 25, and 50 year 

intervals following such date of enactment; and 

(B) update such analysis and make it publicly available 

every 5 years thereafter. 

(2) CONSIDERATIONS.—In preparing such analyses, the Administrator shall take into consideration— (A) market trends; 

(B) geopolitical considerations; and 

(C) the reasonably foreseeable advances in basic industries, high technology, material sciences, and energy usage. 

(d) ANNUAL REPORT.—The Administrator shall annually publish 

and submit to the Congress a report on the state of the domestic 

mining, minerals, and mineral reclamation industries, including a 

statement of the trend in utilization and depletion of the domestic 

supplies of mineral commodities. 

(e) MINERAL COMMODITY REPORTS.—The Administrator— (1) shall continue to prepare and distribute all series of mineral commodity reports prepared and published by the Bureau 

of Mines and the United States Geological Survey as of the 

date of the enactment of this Act, including— (A) all volumes of the Minerals Yearbook; 

(B) Mineral Commodity Summaries; 

(C) Mineral Industry Surveys; 

(D) Metal Industry Indicators; 

(E) Nonmetallic Mineral Product Industry Indexes; 

(F) minerals supply analyses for selected commodities; 

(G) material flow studies and recycling reports; and 

(H) Historical Statistics for Mineral and Material Commodities; 

(2) may develop, prepare, and publish additional reports related to mineral commodities as the Administrator considers 

appropriate. 

(f) ANALYSIS WITH RESPECT TO SUSTAINING ENERGY USAGE.— (1) IN GENERAL.—The Administrator of the Mineral Commodity Information Administration shall, in 2007 and each 

year thereafter, following the issuance of the Annual Energy 

Outlook analysis prepared by the Administrator of the Energy 

Information Administration, prepare and publish an analysis 


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of the foreign and domestic mineral commodities that will be 

required by the United States to sustain the energy supply, demand, and prices projected by such Annual Energy Outlook 

analysis. 

(2) JOINT AGREEMENT.—The Administrator of the Energy Information Agency and the Administrator of the Mineral Commodity Information Administration may, at their sole discretion, enter into a joint agreement for preparation of a unified 

analysis to meet the requirements of this paragraph. 

(g) OTHER APPROVAL NOT REQUIRED.—The Administrator—

(1) shall not be required to obtain the approval of any other 

officer or employee of the United States in connection with the 

collection or analysis of any information; and 

(2) shall not be required, prior to publication, to obtain the 

approval of any other officer or employee of the United States 

with respect to the substance of any analytical studies, statistical, or forecasting technical reports that the Administrator 

has prepared in accordance with law. 

SEC. l05. EXCEPTIONS TO INFORMATION AVAILABILITY. 

(a) IN GENERAL.—Notwithstanding section 552 of title 5, United 

States Code, and except as provided in subsection (b), data and information provided to the Administrator by persons or firms engaged in any phase of mineral or mineral-material production or 

large-scale consumption shall not be disclosed outside of the Administration in a nonaggregated form in such a manner as may 

disclose data and information supplied by an individual or other 

person, unless such person authorizes such disclosure after the person is provided notice and an opportunity to object. 

(b) DISCLOSURE TO FEDERAL DEFENSE OR HOMELAND SECURITY

AGENCIES.—The Administrator may disclose nonaggregated data 

and information to any agency of the Department of Homeland Security or the Department of Defense, upon written request by the 

head of the agency for appropriate purposes. 

SEC. l06. ADVISORY COMMITTEE. 

(a) ESTABLISHMENT.—Not later than 90 days after the date of enactment of this Act, the Administrator shall establish an advisory 

committee to be known as the Mineral Commodity Advisory Committee. 

(b) FUNCTIONS.—The Advisory Committee—

(1) shall respond to all questions referred to it by the Administrator regarding any matter related to the activities authorized by this title; 

(2) shall undertake such studies and inquiries as are necessary to provide answers, advice, and recommendations on 

matters referred to it by the Administrator; and 

(3) in carrying out such studies, may seek information from 

individuals, business enterprises, colleges, universities, and 

any State or Federal agency. 

(c) PARTICIPATION IN REVIEWS OF MATERIALS.—The Administrator shall invite the Advisory Committee to participate in any 

public review of materials prepared pursuant to section l04. 

(d) MEMBERSHIP.—

(1) IN GENERAL.—The Advisory Committee—


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(A) shall consist of 15 individuals appointed in accordance with paragraph (2); and 

(B) shall include— (i) one representative from each of a mineral exploration company, a metallic mineral producer, an industrial mineral producer, and an aggregate producer; 

(ii) one representative from each of the State geologists, mining labor organizations, and the mining finance industry; 

(iii) two representatives from small businesses; 

(iv) three representatives from manufacturing industries; and 

(v) three purchasing professionals. 

(2) APPOINTMENT.—The Administrator shall appoint the 

members of the Advisory Committee from among individuals 

who—(A) are not officers or employees of the Federal Government; and 

(B) are United States citizens. 

(3) TERM.—Each member of the Advisory Committee shall be 

appointed to serve a term of 4 years. 

(e) ORGANIZATION AND MEETINGS.—The Advisory Committee— (1) shall select a Chairman and Vice-Chairman from among 

its members; 

(2) shall organize itself into such subcommittees as the members determine to be necessary; and 

(3) shall meet not less than 2 times each year. 

(f) COMPENSATION AND EXPENSES.—Subject to the availability of 

appropriations, each member of the Advisory Committee— (1) shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of 

the Executive Schedule under section 5315 of title 5, United 

States Code, for each day (including travel time) during which 

such member is engaged in the performance of the duties of 

the Advisory Committee; and 

(2) shall be allowed travel expenses, including per diem in 

lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States 

Code, while away from the member’s home or regular place of 

business in the performance of services for the Committee. 

(g) SUPPORT AND RECORDS MAINTENANCE.—The Administrator—

(1) shall provide administrative and technical support for the 

Advisory Committee; and 

(2) shall maintain the records of the Advisory Committee. 

(h) FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) 

shall apply to the Advisory Committee only to the extent that the 

provisions of such Act do not conflict with the requirements of this 

section. 

SEC. l07. DEFINITIONS. 

In this title: 

(1) ADMINISTRATION.—The term ‘‘Administration’’ means the 

Mineral Commodity Information Administration established by 

this title. 

(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Administration. 


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(3) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ means the Mineral Commodity Advisory Committee established by this title. 

SEC. l08. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to the Administrator to 

carry out this title $30,000,000 for each of the fiscal years through 

2008 through 2018. 

Æ 


bajohnson on PROD1PC69 with REPORTS