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Evaluation of the Sea Grant Program Review Process (2006)

Chapter: H U.S. Code, Title 33, Chapter 22

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Suggested Citation:"H U.S. Code, Title 33, Chapter 22." National Research Council. 2006. Evaluation of the Sea Grant Program Review Process. Washington, DC: The National Academies Press. doi: 10.17226/11670.
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Suggested Citation:"H U.S. Code, Title 33, Chapter 22." National Research Council. 2006. Evaluation of the Sea Grant Program Review Process. Washington, DC: The National Academies Press. doi: 10.17226/11670.
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Suggested Citation:"H U.S. Code, Title 33, Chapter 22." National Research Council. 2006. Evaluation of the Sea Grant Program Review Process. Washington, DC: The National Academies Press. doi: 10.17226/11670.
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Suggested Citation:"H U.S. Code, Title 33, Chapter 22." National Research Council. 2006. Evaluation of the Sea Grant Program Review Process. Washington, DC: The National Academies Press. doi: 10.17226/11670.
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Appendix H U.S. Code, Title 33, Chapter 22 169

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 Repealed.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 Repealed.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 Repealed.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

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.

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

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.

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

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

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

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,

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

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

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;

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

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.

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