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Appendix H
U.S. Code, Title 33, Chapter 22
169
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OCR for page 171
APPENDIX H 171
United States Code Provisions Affecting the National Sea
Grant College Program
United States Codes
o TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 22 - SEA GRANT COLLEGES AND MARINE
SCIENCE DEVELOPMENT
SUBCHAPTER II - NATIONAL SEA GRANT
COLLEGE PROGRAM
Section 1121. Congressional Declaration Of Policy
Section 1122. Definitions
Section 1123. National Sea Grant College Program
Section 1124. Program Or Project Grants And
Contracts
Section 1124a. Repealed. Pub. L. 105-160, Sec. 6,
Mar. 6, 1998, 112 Stat. 24
Section 1125. Repealed. Pub. L. 102-186, Sec.
4(A), Dec. 4, 1991, 105 Stat. 1283
Section 1126. Sea Grant Colleges And Sea Grant
Institutes
Section 1127. Fellowships
Section 1128. Sea Grant Review Panel
Section 1129. Interagency Cooperation
Section 1130. Repealed. Pub. L. 102-186, Sec.
5(A), Dec. 4, 1991, 105 Stat. 1283
Section 1131. Authorization Of Appropriations
Subchapter Notes
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172 APPENDIX H
Section 1121. Congressional declaration of policy
(a)The(1)(A)
Findings
Congress finds and declares the following:
to
coastal, and Greatthe
Theprovide
national interest requires aandthe
for understanding strategyuse -of
wise ocean,
Lakes resources and environment;
of(C) coastalpublic and its margins,wise Great Lakes, and the
(B) foster economicstewardship
competitiveness;
thepromote ocean and economic development
the
exclusive economic zone;
systemsencourage
(D) the development of forecast and analysis
for coastal hazards;
environmental processes; and
to(F)
(E) understand globaland
promote domestic solutions
(2)ocean, coastal, and Greatinternational
Lakes issues.cooperative
training,strategy.
Investment in atransfer,program of research, education,
strong
technology and public service is essential
this
Great Lakesexpanding
for(3) The resourcesuseresulting from growingocean,
and development of coastal, and
populations and the increasing pressuresof theUnited
coastal areaand
Lakes environment challenge the ability onthe coastalStatesGreat
to
manageThedepend
resources wisely.
(4) suchvitality
increasingly on the understanding,of
of the Nation and the quality life of its
citizens
development,resources. and of coastal, and
Great Lakes
minerals and contribute to humanand
utilization,These conservationthe ocean,assessment,and
the
environment, national security, resources supplyqualityofenergy,
food,
the ofcommerce.
and(5)
an intense involvement onresourcesand the Federal Government in
conservation of such
The understanding, assessment,require
health,enhancementutilization,and
development,
a broad commitment
continuinguniversities,withthe part of
partnership organizations,localindividuals concerned
State governments, private
industry,affected
with orThe by ocean, coastal, andand Great Lakes resources.
through theNational
(6) nationalOceanic and Atmospheric Administration,
sea grant college program, involvementmost
the
suitablethe
through
such understanding,mostcontinued development,toutilization,greater
locus and means for such commitment andoffersin
promotion of activities that will result
conservation. The promote suchand
assessment,
cost-effective way
activities is through and increased Federal support of
the establishment, development, and operation of programs and
Administrationincludingcolleges,collaborationsacademic institutions.
institutions,seascientistsstrongscientists
projects by grant sea grant institutes, and other
between
and at
(b)The
Objective
understanding,ofassessment, development,toutilization, andLakes
objective of this subchapter is increase the
resources by providing assistance tocoastal, a strong educational
conservation the Nation's ocean, and Great
base, responsive research and trainingpromoteactivities, broad and prompt
dissemination of knowledge and techniques, and multidisciplinary
approaches to environmental problems.
OCR for page 173
APPENDIX H 173
(c)ItPurpose of the
this subchapterinitially
by and strengthening the objectivesea
national
grant program,
education, training, and advisory service1966,
related to ocean, coastal, and Great Lakesactivities
is the purposeextendingCongress to achievetothepromotefieldsof
established in research,
resources.in
Section 1122. Definitions
As(1) in subchapter -
Atmosphericterm
usedThe this''Administration'' means the National Oceanic and
Administration.
sea(2)
grant college program, appointed pursuant toofsection 1123(b)
The term ''Director'' means the Director the national
(FOOTNOTE 1)1)ofSeethis2)
title.
in Text below.grant
a sea
meansgrantpersonSodesignatedgranthisinstitute.should
(FOOTNOTE(FOOTNOTEReferences''directornoteinstitution
(3) the term
a by or herof tocollege''
direct a
sea
(FOOTNOTEcollegein original. Probably
or sea
2) be capitalized.
resources''term
(4) The means any disciplinetoorocean,
''field related field,coastal, and Great Lakes
including marine
affairs, resource management, technology, education, or science,
which is concerned with or likely to improve the understanding,
assessment, development,resources.
utilization, or conservation of ocean,
Great Lakes
institution of higher education,means
coastal, orterm
(5) The ''institution'' any public or private
institute, laboratory, or State
or(6)
local agency.
as(7) the phrase''includes''notlocatedandin,waters
The term read
if The term ''ocean,iscoastal, and Great Lakesalso
''but andlimited
variants thereof should beforth.
to'' were set
resources''
means the resourcesseabed,are
that derived from, or
traceablethe the subsoil, of -
16;(A) to,coastal zone, as defined in section 1453(1) of title
hydrological, biological,the
(B) the Great Lakes;(to
(C) Lake Champlain extent that such resources have
characteristics and problems similarororgeologicalto those of the
physical,
related
Great Lakes);
(D) the territorialeconomicShelf;
sea;
(E) the exclusive zone;
Continental and
(8)(G)
(F) the Outerseas.
(A) living resources (including- natural and cultured plant
Thethe high
term ''resource'' means
life, fish, shellfish, marine mammals,energywildlife);minerals,
and
and(B) nonliving resources (including sources,
chemical substances);
ecosystems,habitat
(C) the space, the
the nutrient-rich
of a living resource, the coastalcomponents
and other
of theare
marine environment thatareas,
contributethe or provide (or
to
which capable of contributing to or providing)
recreational,economic, esthetic, biological, habitational,
scenic,
commercial, or conservation values; and
OCR for page 174
174 APPENDIX H
(D) man-made, tangible, intangible, actual, or potential
resources.
establishedterm
(9) The
term ''person''1128
under sectionmeans of thisindividual;
''panel'' the sea grant review panel
title.
privateThe
(10)
(including anyorseaanygrant college, seaother instituteaorState,
corporation, partnership,any
means
or grantassociationpublic
any or
orotheror
entity
institution); State, political subdivision of
agency or officer''project''
thereof.
activityTheinvolving relatedperson
resourcesinterm
(11) means any individually described
a field ocean, coastal, and Great Lakes
advisory
servicesThe by a with training,inorsucha
any(12)
designated as such by the Secretaryorunder sectioninstitutions,or
administeredresearch,toeducation,expertiseinstitution,field.
any
association or alliance of two more
term ''sea grant college'' meanssuch
1126 of this
title.
means any institution, or
designated as such by the Secretaryorunder sectioninstitutions,
any(13)
association or alliance of two
The term ''sea grant institute''more such
1126 of this
title.
and(14)
outreachterm
The which is administered by one oramore sea grant
''sea grant program'' means program of research
collegesThe seathe
(15) orterm grant institutes.
acting through ''Secretary'' meansofthe Secretary of Commerce,
Under Secretary Commerce for Oceans and
Atmosphere.term
the(16) The ''State'' means any State of the United States,
Virgin Islands, Guam,anyAmericanCommonwealthCommonwealthRico,the
District of Columbia, the of Puerto the
Samoa, of the
MarianaStates.
Islands, or other territorytheor possession of
United
Section 1123. National sea grant college program
(a)The
Program maintenancemaintain
Secretary shall
to be known as the nationalprogramtheshall
seawithin college program. Theprogram
the Administration a
grant
national sea grant collegewithin be administered by a
national seaelementsofficecollege
grant Administration.
(b)The
Program
financial assistancegrant othersupport
national sea
provide activitiesshallfollowing this
program the
subchapter, and shalland authorized inof
consist
for the -
collegesea
(1) grant programs which comprise a national seaelements
grant
conductedprogram suchofthe including international projects
programs;
and(2) administration
this subchapter by
withinnetwork,thenational
nationalsea grantoffice, program
seagrant collegethe
Administration, and the panel;under
and(3) the fellowship program section 1127 of this title;
ocean,anyof
(4) national strategic investments in fields relating to
approvalcoastal, panel, theLakesgrant colleges, and the sea grant
and Great resources developed with the
the sea
institutes.
OCR for page 175
APPENDIX H 175
(c)(1)
Responsibilities of Secretary
The Secretary, in consultation with the panel, sea grant
colleges,strategic grantthatprovides shallprioritiesand least every 4of
and sea institutes, develop at
yearsgranttocollege plan
a establishesappropriatelyforbalanced
the national
sea an
response local,program,
regional, and national needs, is reflective
of integration withCommerce
the Department of the relevantofportions of the strategic plans
and 1998,Administration.seaingrant
the
consultationshall theofpanel,guidelines colleges,seaandgrantforgrant
with sea
institutes,
(2) Within 6 months of March 6,grant the Secretary,activities
establish related to the
and responsibilities sea grant colleges and
institutes.merit guidelinesthe the
conduct of by Suchreview sea grant requirementssea
institutes of proposalsthis grantsproviding,
for shall includecollegestoand
and contracts be awarded
under sectiondocumentation title,
1124 of at minimum,
standardized of such proposals andapeer reviewfor all
of
research projects.
qualifications required forbydesignation of sea grant colleges and
(3) The Secretary shall regulation prescribe the
sea(4)
grantcarry
To institutesthe
out under sectionof
provisions 1126 ofsubchapter,
this this title.the Secretary
may-(A)
compensationservice
appoint, assignpersonnel
the duties, transfer, and fix theaccordance
as may be necessary, in
with civil
intermittentappointments the extent authorized by section 3109 of
(B) make of suchlaws;withrespect to temporary and
services to
title 5;
disseminate, inorcooperation withregard officesof,
(C) publish arrange for the publication and otherwise
in
the Administration and withouteducational,Great
otherto sectionand501programs
of title 44,
anyfields other value
in(D)information oftoresearch,coastal,
ocean, or training orresources;
Lakes
transactionsinto
enter
relatedcontracts,
without to section 5agreements,41;and
cooperative other
of title
and(E) notwithstandingregard
section 1342 of title 31, accept donations
voluntary and services;
including agencies withinotherentered
from Federal departmentspay agencies,
to andfor andand
add
into
(d)and(G)
to grants made andsuch
(F) accept fundsuncompensatedAdministration,themaySecretary;
the
promulgate contractsand
rules regulationsbyas be necessary
appropriate.
Program
The Secretary shall appoint, as the of the National
appropriateCollege
Sea(1)
Director of National Sea Grant CollegeDirectorwho
Grant
fields related to ocean, coastal,compensated,Lakestheresources.toThein
administrative experience and knowledge orhas
Program, a qualified individual
expertise
and Great
Director shalltitleappointedunderappointments withoutthe
be and competitivethe
regard
provisionsatofa 5 governing
service,
(2) Subject to the supervision of the Secretary,title Director
rate payable section 5376inof 5.
shalloperation
administer the national sea grant college program and oversee
the of the grant In addition any
other dutyshall
prescribednationalorseaassignedoffice. Secretary, theto
by law by the
Directorfacilitate
-
(A) and coordinate the development of a long-range
OCR for page 176
176 APPENDIX H
strategic planthe
capabilities whichSecretaryand
(B) advise under subsection (c)(1) oftothis section;national
are availablerespect or through the
with the expertise and
within
sea grant college program
and capabilities, on a cooperativeAdministration, by other
or basis,
offices and activities within the other
encourageother use ofand
the such expertise
Federaladvise
departments and agencies;
(C) the Secretary on the designation of sea grant
colleges andorseasuspension if appropriate, on the
termination grant institutes, and,designation;
of any
and grant
programs, and cooperation andtocoordination with otherGreat
(D) encourage the establishmentsuch growth of seaandFederal
activities in fields related ocean, coastal, and Lakes
resources.respect
(3) With
the Director shallto-sea grant colleges and sea grant institutes,
colleges andand grantperformance usingthetheprograms
(A)(i) evaluate the
guidelines,(c), qualificationswhichquality bypriorities,the under
sea institutes,of the programs of sea grant
established the Secretary
subsection
managed andandcarryandoutdetermine of are best
highest research, education,
extension, and
(as(ii) programsactivities; performance
withdeterminedtheof2the
rate thetrainingthe according tonotheir relativecategories,
less
of underbest-performing
clause (i) intocategoriesthan 5
containing no more
than 25subject programs;
(B)eachpercentto theavailability of appropriations, allocate
funding among sea grant colleges and sea grant institutes so as
to -(i) promote healthy competition among sea grant colleges and
institutes;
(ii) encourage successful implementation of sea grant
of(iii) subchapter,institutes;coordination of fundingprovisions
programs;to the maximum extent consistent with other
this provide a stable base for sea
grant colleges andand and
(iv) encourage promote and cooperation
between the research, education, and outreach programs of the
Administration and those of the academic institutions; and
(C) ensure compliance with guidelines for merit review
under subsection (c)(2) of this section.
Section 1124. Program or project grants and contracts
(a)The
Authorization; purposes; limitation on amount
subsectionfindsassistmake sea grantorprogramintosection if the
Secretary may grants and enter contracts under this
to any project
Secretaryimplement
(1) that such programset projectorwill -
the objective forth in 1121(b) of
this title; and
(2) be responsive to the needs or problems of individual States
regions.
equalsea66grantpercent,applyany lesseranypercent,exceptthe total costmayof
Theortotal2/3
amount paid pursuant to such grant or contract
or of
the program or project involved;grants that this
limitation shall not in the case of or contracts paid
OCR for page 177
APPENDIX H 177
for with fundsofaccepted by the Secretarynote
under section 1123(d)(6)
(FOOTNOTE 1) this title.
1) See below.
(b)The
(FOOTNOTEgrants; References ingrants
Special maximum amount;Text
prerequisites
special under this to
implementThe
title. Secretary may makesetsuch
theamount
objectiveany
of forth in section 1121(b)subsectionor
of this
grant may equal 100 percent, any
lessermay the
grant- percent, ofundertotal cost of theunless
be made this subsection projecttheinvolved. No
Secretary finds
that(1)
applicantreasonablethe matching requirement forwhich
no means is available through the
subsectioncan of this section;such
(a)meet a grant under
interest inprobableequivalentgrant
(2) the of project public
such and
the(3) the same ormatching
benefitrequirement;cannotoutweighs thethrough
benefit be obtained
award of a contract or under subsection (a) of this
Thesection.amount whichfiscalbeyearappropriatedgrantssuch
total may provided for this
subsection duringthethis an equal
to 1section of funds shall not exceedunderamountpursuant
for year
to percent1131ofanytotaltitle.
(c)Any
Eligibility and procedure
person may apply to the Secretary for a grant or contract
under this section. Application shall besubmissions,
made in such form and
manner, andshallapplicationiswithin other as the
Secretary withbysuch content and act
uponrequired
each such regulation prescribe. The Secretary shallwhich
received.months
6 after the date on
all
(d)(1)
Terms andinformation
conditions
shall be subject(3),therequirementsdeems provisionsprior forthsection
Any grant made, orlimitationsenteredother underappropriate.
contract into,
to the and setthis in
paragraphs (2), (4) and terms, conditions,
and requirements asandminimize
andSecretaryto suchnecessary
Terms,paragraph
conditions, imposed
this shall any requirementbyoftheorSecretary
Federalunder
approval.payment
be(2)(A)
No under any grant or contract under this section may
applied topurchase
-
the
exceptanythe paymentrental anybuildings
of(B)that purchase,orrental, construction, preservation, or repair
rental of any land; or
building, dock, or vessel;grant
underof such be applied
to theareapproved
short-term or contract maymeetings
facilities
whichif in direct support of any seaorgrant programfor project and
or
may,
rental, construction,the
by preservation,be repair of non-self-propelled
Secretary, applied to the purchase,
habitats, buoys,toplatforms, and otherresearch deviceswhich
orsimilar or
structures,support theactivities any
or rental of
in direct of under any seavessel programisorused
grant
project.
to(3)section amount which may be obligated for payment pursuant
thisgrants
exceed an amount equalyear15Stateenteredsectionproceeds
The totalto,
madewithinand contracts
anytoonepursuantintoof fiscalwith,fundsthisany
into personsnot
under
shall
percent anythe
appropriated for suchreceives totalyearof
1131 title.
(4) Any person who or utilizes any of grant
OCR for page 178
178 APPENDIX H
or contract under this sectionprescribe
shall keep such records as the
by regulation
effective auditasand evaluation,
being necessary and
appropriate tofullyproceeds,whichtotal
Secretary shallfacilitate
records whichsuch the
amount, ifSuchsuch suchthe
of cost
sources. was providedwereprogramotherthe
andof such
recipientinofconnection disclosethe amountcost disposition byincluding or
project with such proceedsthe used, and the
years
completion of
Comptrollerrepresentatives,Unitedproject. or any ofthe
any,recordsprogram whichStates,
Generalaof shall be maintainedThe 3throughafterthe
or forSecretary
theirandduly
authorizedevaluation, have access, for purpose of
audit and to anyshall
books, documents, papers, and records
of receipts which, inmay opinion oforthe Secretary or of the
Comptroller General, thebe related pertinent to such grants and
contracts.
Section 1124a. Repealed. Pub. L. 105-160, Sec. 6, Mar. 6, 1998, 112 Stat. 24
Section 1125. Repealed. Pub. L. 102-186, Sec. 4(a), Dec. 4, 1991, 105 Stat. 1283
Section 1126. Sea grant colleges and sea grant institutes
(a)(1)
Designation
followingsea
A qualifications -or
grant college sea grant institute shall meet the
to(A) have an existing broad base of competence in fields related
1121(b)makecoastal,
ocean, and Great Lakes resources;
(B)
other personsGreatsolveotherdeterminedmeet needs relating to ocean,
of this title, as
a long-term commitment to thethe objective in section
by Secretary;
(C) cooperate with sea grant colleges and institutes and
coastal, andreceivedLakesproblemsassistance
to or
resources;
(D) have financial under section 1124 of
this title;
coastal, and Great Lakesexcellence (includingrelated resources
(E) be recognized for in fields to ocean,
resources marine
management and science), as determinedasbythe
consultationsuch
(F) meet qualifications theSecretary,
Secretary;inand
the
or(2)
allianceSecretaryormay
The designateinstitutions,
an institution,a orangrant
association
of two
withother panel, considers necessaryorseaappropriate.
college if thetheinstitution,such
more as
-
(A) meets
(B) maintains aqualificationsresearch, advisory services,
association, or allianceand
in paragraph (1);
training, andresources.designateinstitutions,toalliancecoastal, and
education inof
program
fields related ocean,
Lakes
or(3)
GreatThe
institutemeetsthetwoaqualifications
allianceSecretaryormaymore such an institution,aorsea association
as angrant
association, -
(A) paragraph and
(b)and(B) maintains
ifoftheinstitution,whichinincludes,orat(1);minimum,
program a research
advisory services.
Existing designees
institutions, designated as abysea grant collegeofortwo
Any institution, or association or alliance or more such
awarded
institutional program status the Director prior to March 6,
OCR for page 179
APPENDIX H 179
1998, shallsea have to reapply for designation as aMarchgrant
not sea
collegeDirectorgrant institute, respectively, afterinassociation
or 6, 1998,
if the determines that the institution, or
alliancethis institutions, meetsofanddesignationopportunity
of the qualifications subsectionor
(a) of section.
(c)The
Suspension ormay,
termination designation
Secretary for cause after an for
hearing,section. or terminate any
suspend under subsection (a)
of this
(d)Subject
by the Secretary,grantshall beprescribed
Dutiesto any regulations or guidelines established
it responsibility of each sea grant
college anddevelop
Secretary and theandinstitutethe
sea -
guidelines and prioritiesaestablished underconsistentthe
(1) to implement, in consultation with
panel, program that is section 1123(c)the
with
of
this title; and
proposals for grants and
(e)contractsReport on Progress
(2) to conductawarded review of all1124
to be a meritunder section of this title.
Annual
the Committee onrequirement.--The
(1) Report Resources and theSecretary
CommitteeshallScience of the
report annually to
House of Representatives, andoftothetheSenate, on Commerce,
Science,colleges,
and Transportation Committeeonefforts
on and
made by institutions, associations,progress
and
alliancesortosea
collegessea becomeuniversities,under this section asand grant
institutes, including efforts seaprogress
made by grantgrantdesignatedin being designated as sea grant
institutes
colleges.
(2) Territories and freely associated states.--The report shall
include(A) Ð
institutions, made alliances in Unitedthe
descriptions ofby
efforts colleges, universities, associations,
and States territories and
freelydesignated States to developand expertiseassistance
necessary
to bethe associatedas
provided by the Secretarytechnical, entities seeking to be
(B) administrative,
a sea grant college;financial
to those
designated; and
entities to(a)(1).the actions
(C) the additional or activities necessary for
meet qualifications for such designation those
under
subsection
Section 1127. Fellowships
(a)ToIncarry
general
for qualifiedthetheSecretary shalland
educational training objectives of this
fellowships
ocean,
Secretary.andTheawarded
minorityout economicallythe
subchapter,outindividualsrelatedtosupporttoa programtooftheaccesstheLakes
at the graduate and post-graduate level.
The fellowships shall be
resources and pursuant toguidelinescoastal, and Great
established by
Secretary shall strive ensure equal
disadvantaged students programfor
carried
date of theofenactmentandofsubsection.describing
under this NotSea
later than 1 yearProgram the
after
Grant Act
Amendments
shall submit a2002,
report toeveryNational
Congressyears
2 thereafter,CollegeSecretary
the
the efforts by the
OCR for page 180
180 APPENDIX H
Secretary to ensure equal access for minority and economically
disadvantagedandA.the carried
subsection, students to theofprogramefforts. out under this
results such
(b)The
Dean John Knauss Marine Policy Fellowship
placement of individuals atmarinegraduatefellowships
Secretary may award policy to support the
the level of education in
fields related to ocean, coastal and Great Lakes resources inUnited
positions with the executive andawarded
legislative of the
States Government. Anot fellowship this subsection shall
be for a period of more than 1 year.underbranches
Section 1128. Sea grant review panel
(a)Theresea
Establishmentestablished
shall be independent committee to be known
as the grant review panel.an
(b)The
Duties
panel shall advise the Secretary and the Director concerning
-
grantsapplications
(1) and contractsorawarded under sectionperformance
proposals for, and under,
1124 of this title;
(2) the sea grant fellowship program;sea
(3) the designation and operation of grant programs;and
grant colleges sea
grant institutes, and the operation ofof
and(4)
priorities under section 1123(a) and (c)(1) of thisguidelines
the formulation and application seathe planning
title;
Thereviewsuch shall make available to the panel such information,
and(5)
Secretaryadvice.matters
other as the Secretary refers to the panel for
and
personnel, and administrativeout
reasonably require to carrypowersits duties.assistance
services and as it may
(c)(1) and
appointed by theshallelectedTheofDirector andmembers
Membership, terms,consist
The panel 15 voting
grant program whoSecretary. by the various directors ofofNot grant
a directorshall sea
who be
a
is sea
programsofshallknowledge, nonvotingdisciplines thebe
serve as members of panel. less
thanreason theone
8 voting members of the panel shall be individuals who,
by
marine science. Themoreexperience,members shall
of
the or training,fields
are especially
qualified in or
by reason of knowledge, experience, or training, areindividualsand
otherofvoting and included in
qualifiedmanagement, of, education, marineespeciallywho,
affairs
resource in, or representativeservices,
extension State government,
industry, economics,important or any other activity whichthe is
appropriate to,assessment,
and planning,for, any to enhance
understanding,ofeligibledirectora
development,effort
utilization, or
conservationis
individual to be and Great Lakes resources.ifNothe
member of the
individual is (A) the
institute; (B) an applicant for,ofcontract
ocean, coastal,votingsea grant (as determinedgrant
or
the Secretary)aof,office
any grant or ora beneficiarycollegepanelseaof by
under sectionUnited
1124 this
title;The (C)member
or
(2) term of full-timeofofficer or employee of thepanel
voting member States.3
be
years forSea
a appointeda before the dateofofthe
National Grant College Program Act Amendmentsenactmentshallthe
of 2002,ofand 4
OCR for page 181
APPENDIX H 181
years for a memberNational
appointed reappointed after the of
enactment of the College Program Amendments
of 2002.ofSealeast
The Director maySeaorGrantthe term of officeActdatevoting
extend of a
member appointed
National
membershipthe the panel.
year.inAton
theGrantonceRegisterbeforeActtheAmendmentsshall2002 ofuptheto
panelCollege
eachProgramthe Secretary
date of enactmentby
of
1notice year, publish a
Federal soliciting nominations for
reappointedindividualadditional fulla term. Aorterm membermay
(3) Any appointed to partial full term
serve after the date of the expiration of thevotingofoffice.the
for one maybe
office for
which appointed until his or her successor has taken
(4) The panel shall select one member to serve as
The Vice Chairman shall act as Chairmanservethe absence orChairman.
Chairman and another voting membervoting to as the Vice
in
incapacity ofmembers
the Chairman.
(5)(A)
Voting of the panela shalldaily-
rate by the
Secretary, notofsuchexceedactual rate under
section 5376
receive compensationtheatmaximum establishedinpayableperformance
totitle
for panel;when
5, actually engaged the
of(B) and
for and reasonable expenses incurred
performance
time, atvotingcallshallexerciseout
in thebepanel
(6) Thethe suchonduties. and,
of a biannual basisrequestatofany other
or upon the a majority
of(7)
theThe
necessary in order to carry
dutiesreimbursedofmeetChairmanDirector.asunderreasonably
membersthe of the
or
panel may such powers are
its duties subsection (b) of
this section.
Section 1129. Interagency cooperation
Governmentover, isagency, inotherconcernedcoastal,orand
Each department, engagedor orto instrumentality ofwhich Federal
the
with, has
authority whichmatters relating ocean, Great Lakes
resourcesmay,
-
(1) the Secretary, make
available, onconsentorand
upon a written request fromotherwise
a reimbursable basis or any personnel
(with their
rating), service,provision without prejudiceSecretary position and
the to theirdeems
to(2)
any availablecarry orwrittenofinformation whichsubchapter;authorized
carry out any this
shall, upon a facility whichsubchapter;Secretary, necessary
request from the furnish
data the Secretary deems
necessary tocooperate any provision of this and
(3) shall outotherthe
with Administration and duly
officials thereof.
Section 1130. Repealed. Pub. L. 102-186, Sec. 5(a), Dec. 4, 1991, 105 Stat. 1283
Section 1131. Authorization of appropriations
(a) Authorization--
(1) In general--There are authorized to be appropriated to the
Secretary to- carry out this title--
subchapter
(A) $60,000,000 for fiscal year 2003;
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182 APPENDIX H
(B) $75,000,000 for fiscal year 2004;
(C) $77,500,000 for fiscal year 2005;
(D) $80,000,000 for fiscal year 2006;
(E) $82,500,000 for fiscal year 2007; and
underPriority
(2) (F) $85,000,000 for fiscal year 2008.the
activities.--in addition to amounts authorized
each(A) fiscal years 2003 through 2008Ñ-
ofparagraph (1), there are authorized to be appropriated for
$5,000,000 for competitive grants university research
important species;mussels
control and
(B) $5,000,000aquatic
on the biology andnonnativeof zebraforuniversity other
for competitive grant for research
on oyster diseases, oyster restoration, and oyster-related
human health risks;
(C) $5,000,000 for competitive grants for university research
harmful
(D) $3,000,000 forincluding
on theblooms,
algal biology, prevention, and forecasting ofand
Pfiesteria piscicida;
competitive grants for fishery extension
activities conducted byand grant collegesexisting grant
seanot or sea
institutes to enhance, supplant, core
(b) Limitations.--funding.
program
programs under this title inmayfiscal year more than 5 percent of
(1)Administration.--There not be used for administration of
a
the lesser of-Ð
(A) the amount authorizedortounderappropriated underthethis title
be
for the fiscal year;
(B) the amount appropriated this title for fiscal
year.
the(2)
(c)otheranyadministrative
administrationof this title(a)(2) Nationalprogram,
authority
Use for other offices or programs.--Sums appropriatedforunder
ofsubsection by theshall not be available
Sea Grant Office,
for other Administration or department or for any
expenses.
the
appropriationsformade underyear
Distribution of Funds.--In any fiscal year in whichamounts
subsection (a)(1) exceed the
(except amounts used for theofadministrationanyratingseaamountsin
appropriatedthe fiscal 2003 for the described such
subsection, Secretary shall distributepurposes
excess
program) tograntcombinationaccordingfollowing:of the grant
any the
(1) sea programs, to their under section
204(d)(3)(A);
(2) national strategic investments authorized under section 204
(3) a(b)(4); association, or alliance
(4) aaforsea grant college orof
college, university, institution,for
activities that aresea it to
grant college or necessaryinstitute be designated as
grant
sea sea grant instituteGrant
designated after
the dateAct enactment
of College
Program Amendments ofthe
2002National yet evaluated under
but notSea
section 204(d)(3)(A).
(d)Sumsexpended.ofany sums
Availability of
appropriated pursuant to this section shall remain available
under any section ofgrant,subchapter thataisgrant,obligatedabyperson
untilReversionof
(e)The amount unobligatedoramounts
portion of made to
this not that
OCR for page 183
APPENDIX H 183
whichthereafterauthorizedto
was
be obligated firstthe
to the Secretary. Thefor fiscal year foryearthat amountrevert
available grants
next fiscaladdsection
shallthe for which
reverted
person duringortheduringSecretaryunderavailable.itrevertedshallthe to
the fundsamount was originally made
Sectionsection
9: COORDINATION
(Thislaterfor has notandyet15beeneach
placed in the text
Not February of year, DirectorSecretaryabove.)
of
CommerceFoundation and of the
Science thanOceansshallAtmospheresubmitthethe UndersequenceonNational
and ScienceScience, House of RepresentativestheandNationalreport onand
of the the
oceans and coastal research activitiestheofCoastalyear Oceaniconand
Commerce, and Transportation ofofthe Senate aCommitteeResources
jointly to the Committees
how the
Atmospheric Administration,Program,
including Ocean Program the
National SeawillwhichCollegereportduringandthe theThe
Grant Science
Foundation be coordinated the
fiscal yearanyinandaspecify
the is submitted.
fiscalNationalfollowingdescribe
report shall
in detail
the agencies overlappinghow
ocean andresearch research interestspursued
such coastalinterests will be betweenby
the programs in complementary manner.
OCR for page 184
Representative terms from entire chapter:
grant college
