[House Report 110-416]
[From the U.S. Government Publishing Office]
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 recommit 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; Diaz-
Balart--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; Diaz-
Balart--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
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.
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).
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--
(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. _01. SHORT TITLE.
This title may be cited as ``Resources Origin and Commodity
Knowledge Act''.
SEC. _02. 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
commodities totaled $103,000,000,000 in 2005.
(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. _03. 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.--
(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 lower-grade 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.
(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 full-time 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. _04. 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 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 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. _05. 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. _06. 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 _04.
(d) Membership.--
(1) In general.--The Advisory Committee--
(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. _07. 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.
(3) Advisory committee.--The term ``Advisory
Committee'' means the Mineral Commodity Advisory
Committee established by this title.
SEC. _08. 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.