30 U.S.C. § 1312 — Financial assistance

Page 316 TITLE 30—MINERAL LANDS AND MINING § 1312 (c) Location of coal laboratories Not more than one coal laboratory established pursuant to this subchapter shall be located in a single State and at least one coal laboratory shall be established within each of the major coal provinces recognized by the United States Bureau of Mines, including Alaska. (d) Period for submission of applications for des- ignation; contents The Secretary of Energy shall establish a pe- riod, not in excess of ninety days after August 3, 1977, for the submission of applications for des- ignation under this section. Any institution of higher education desiring to be designated under this subchapter shall submit an application to the Secretary of Energy in such form, at such time, and containing or accompanied by such in- formation as the Secretary of Energy may rea- sonably require. Each application shall— (1) describe the facilities to be established for coal energy resources and conversion re- search and research on related environmental problems including facilities for interdiscipli- nary academic research projects by the com- bined efforts of specialists such as mining en- gineers, mineral engineers, geochemists, min- eralogists, mineral economists, fuel scientists, combustion engineers, mineral preparation en- gineers, coal petrographers, geologists, chem- ical engineers, civil engineers, mechanical en- gineers, and ecologists; (2) set forth a program for the establishment of a test laboratory for coal characterization which, in addition, may be used as a site for the exchange of coal research activities by representatives of private industry engaged in coal research and characterization; (3) set forth a program for providing re- search and development activities for students engaged in advanced study in any discipline which is related to the development of ade- quate energy supplies in the United States. The research laboratory shall be associated with an ongoing educational and research pro- gram on extraction and utilization of coal. (e) Time limit The Secretary of Energy shall designate the ten institutions of higher education under this section not later than ninety days after the date on which such applications are to be submitted. (Pub. L. 95–87, title VIII, § 801, Aug. 3, 1977, 91 Stat. 526; Pub. L. 95–617, title VI, § 604(a), (c), Nov. 9, 1978, 92 Stat. 3166, 3167; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.) Editorial Notes AMENDMENTS 1978—Subsec. (a). Pub. L. 95–617, § 604(a), substituted ‘‘The Secretary of Energy’’ for ‘‘The Administrator, Energy Research and Development Administration (hereafter referred to as ‘Administrator’ in this sub- chapter)’’ and ‘‘shall designate thirteen institutions’’ for ‘‘is authorized and directed to designate ten institu- tions’’ and inserted provision that ten such designa- tions be made as provided in subsection (e) of this sec- tion and the remaining three be made in fiscal year 1980. Subsec. (b). Pub. L. 95–617, § 604(a), (c), substituted in provisions preceding par. (1) ‘‘Secretary of Energy’’ for ‘‘Administrator’’ and in par. (1) ‘‘Those ten institutions of higher education designated as provided in sub- section (e)’’ for ‘‘The institution of higher education’’. Subsecs. (d), (e). Pub. L. 95–617, § 604(c), substituted ‘‘Secretary of Energy’’ for ‘‘Administrator’’ wherever appearing. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States Bureau of Mines’’ substituted for ‘‘Bureau of Mines’’ in subsec. (c) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of this title. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this title. § 1312. Financial assistance (a) The Secretary of Energy is authorized to make grants to any institution of higher edu- cation designated under section 1311 of this title to pay the Federal share of the cost of estab- lishing (including the construction of such fa- cilities as may be necessary) and maintaining a coal laboratory. (b) Each institution of higher education des- ignated pursuant to section 1311 of this title shall submit an application to the Secretary of Energy. Each such application shall— (1) set forth the program to be conducted at the coal laboratory which includes the pur- poses set forth in section 1311(d) of this title; (2) provide assurances that the university will pay from non-Federal sources the remain- ing costs of carrying out the program set forth; (3) provide such fiscal control and fund ac- counting procedures as may be necessary to assure the proper disbursement of and ac- counting for Federal funds received under this subchapter; (4) provide for making an annual report which shall include a description of the activi- ties conducted at the coal laboratory and an evaluation of the success of such activities, and such other necessary reports in such form and containing such information as the Sec- retary of Energy may require, and for keeping such records and affording such access thereto as may be necessary to assure the correctness and verification of such reports; and (5) set forth such policies and procedures as will insure that Federal funds made available under this section for any fiscal year will be so used as to supplement and, to the extent prac- tical, increase the level of funds that would, in the absence of such Federal funds, be made available for the purposes of the activities de- scribed in subsections (d)(1), (2), and (3) of sec- tion 1311 of this title, and in no case supplant such funds. (Pub. L. 95–87, title VIII, § 802, Aug. 3, 1977, 91 Stat. 527; Pub. L. 95–617, title VI, § 604(c), Nov. 9, 1978, 92 Stat. 3167.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–617 substituted ‘‘Secretary of En- ergy’’ for ‘‘Administrator’’ wherever appearing. Page 317 TITLE 30—MINERAL LANDS AND MINING § 1315 § 1313. Limitation on payments (a) No institutions of higher education may re- ceive more than $4,000,000 for the construction of its coal research laboratory, including initially installed fixed equipment, nor may it receive more than $1,500,000 for initially installed mov- able equipment, nor may it receive more than $500,000 for new program startup expenses. (b) No institution of higher education may re- ceive more than $1,500,000 per year from the Fed- eral Government for operating expenses. (Pub. L. 95–87, title VIII, § 803, Aug. 3, 1977, 91 Stat. 528.) § 1314. Payments; Federal share of operating ex- penses (a) From the amounts appropriated pursuant to section 1316 of this title, the Secretary of En- ergy shall pay to each institution of higher edu- cation having an application approved under this subchapter an amount equal to the Federal share of the cost of carrying out that applica- tion. Such payments may be in installments, by way of reimbursement, or by way of advance with necessary adjustments on account of un- derpayments or overpayments. (b) The Federal share of operating expenses for any fiscal year shall not exceed 50 per centum of the cost of the operation of a coal research lab- oratory. (Pub. L. 95–87, title VIII, § 804, Aug. 3, 1977, 91 Stat. 528; Pub. L. 95–617, title VI, § 604(c), Nov. 9, 1978, 92 Stat. 3167.) Editorial Notes AMENDMENTS 1978—Subsec. (a). Pub. L. 95–617 substituted ‘‘Sec- retary of Energy’’ for ‘‘Administrator’’ wherever ap- pearing. § 1315. Advisory Council on Coal Research (a) Establishment; members There is established an Advisory Council on Coal Research which shall be composed of— (1) the Secretary of Energy, who shall be Chairman; (2) the Director of the United States Bureau of Mines of the Department of the Interior; (3) the President of the National Academy of Sciences; (4) the President of the National Academy of Engineering; (5) the Director of the United States Geo- logical Survey; and (6) six members appointed by the Secretary of Energy from among individuals who, by vir- tue of experience or training, are knowledge- able in the field of coal research and mining, and who are representatives of institutions of higher education, industrial users of coal and coal-derived fuels, the coal industry, mine workers, nonindustrial consumer groups, and institutions concerned with the preservation of the environment. (b) Furnishing advice to Secretary of Energy The Advisory Council shall advise the Sec- retary of Energy with respect to the general ad- ministration of this subchapter, and furnish such additional advice as he may request. (c) Annual report to President; transmittal to Congress The Advisory Council shall make an annual report of its findings and recommendations (in- cluding recommendations for changes in the provisions of this subchapter) to the President not later than December 31 of each calendar year. The President shall transmit each such re- port to the Congress. (d) Compensation and travel expenses (1) Members of the Council who are not reg- ular officers or employees of the United States Government shall, while serving on business of the Council, be entitled to receive compensation at rates fixed by the Secretary of Energy but not exceeding the daily rate prescribed for GS- 18 of the General Schedule under section 5332 of title 5 and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in the Government service employed intermittently. (2) Members of the Council who are officers or employees of the Government shall be reim- bursed for travel, subsistence, and other nec- essary expenses incurred by them in carrying out their duties on the Council. (e) Alternate members Whenever a member of the Council appointed under clauses (1) through (5) is unable to attend a meeting, that member shall appoint an appro- priate alternate to represent him for that meet- ing. (Pub. L. 95–87, title VIII, § 805, Aug. 3, 1977, 91 Stat. 528; Pub. L. 95–617, title VI, § 604(c), Nov. 9, 1978, 92 Stat. 3167; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–617 substituted ‘‘Secretary of En- ergy’’ for ‘‘Administrator’’ wherever appearing. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States Bureau of Mines’’ substituted for ‘‘Bureau of Mines’’ in subsec. (a)(2) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of this title. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c) of this section relating to requirement that the President transmit each annual report to Con- gress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 153 of House Document No. 103–7. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the