A bill to establish a State Mining and Mineral Resources Research Institute program, and for other purposes.
PL 98-409 (H.R.4214), enacted 08/29/1984

98 STAT. 1536 
PUBLIC LAW 98-409—AUG. 29, 1984 
Aug. 29, 1984 
[H.R. 4214] 
Schools and 
colleges. 
30 u s e 1221. 
Grants. 
Public Law 98-409 
98th Congress 
L-T' 
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. (aXD 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 
$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. 
(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 
Appropriation 
authorization. 
30 u s e 1222. 
SEC. 2. (a) There is authorized to be appropriated to the Secretary 
$10,000,000 for the fiscal year ending September 30, 1985. This 
amount shall be increased by $1,000,000 for each fiscal year thereaf-
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 o
f
— 
(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 Inte-
rior, which are deemed by the Committee to be desirable and 
are not otherwise being studied. 
O
t
>
) 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, 
mM 
98 STAT. 1538 
PUBLIC LAW 98-409—AUG. 29, 1984 
30 u s e 1223. 
Report. 
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 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 
(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. 
Regulations. 
30 u s e 1224. 
.snoiM(--'i'i 
.mm'tUdl'ky-
DUTIES OF THE SECRETARY 
SEC. 4. (a) The Secretary 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 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. 
(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 
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 
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-
able 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 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 
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) There are authorized to be appropriated after September 30, 
1984, such sums as are necessary for the printing and publishing of 
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. 
30 u s e 1225. 
30 u s e 1226. 
Public 
availability. 
Prohibitions. 
Prohibitions. 
Public 
availability. 
Patents. 
94 Stat. 3015. 
Appropriation 
authorization. 
98 STAT. 1540 
PUBLIC LAW 98-409—AUG. 29, 1984 
rfoF*^ oi »B ism 
CENTER FOR CATALOGING 
iO(n 
f^ct 
Public 
information 
30 u s e 1227. 
President of 
U.S. 
30 u s e 1228. 
Establishment. 
30 u s e 1229. 
30 u s e 1221. 
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 appropri-
ate, 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 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 
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 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-
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. 
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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.