US (United States) Code. Title 33. Chapter 22: Sea grant colleges and marine science development

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Navigation and navigable waters

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-CITE-

33 USC CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE

DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

-HEAD-

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

-MISC1-

SUBCHAPTER I - MARINE RESOURCES AND ENGINEERING DEVELOPMENT

Sec.

1101. Congressional declaration of policy and objectives.

1102. Omitted.

1103. Executive responsibilities; utilization of staff,

interagency, and non-Government advisory

arrangements; consultation with agencies;

solicitation of views of non-Federal agencies.

1104, 1105. Omitted.

1106. Reports to Congress.

1107. Definitions.

1108. Authorization of appropriations.

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

1121. Congressional declaration of policy.

(a) Findings.

(b) Objective.

(c) Purpose.

1122. Definitions.

1123. National sea grant college program.

(a) Program maintenance.

(b) Program elements.

(c) Responsibilities of Secretary.

(d) Director of National Sea Grant College Program.

1124. Program or project grants and contracts.

(a) Authorization; purposes; limitation on amount.

(b) Special grants; maximum amount; prerequisites.

(c) Eligibility and procedure.

(d) Terms and conditions.

1124a, 1125. Repealed.

1126. Sea grant colleges and sea grant institutes.

(a) Designation.

(b) Existing designees.

(c) Suspension or termination of designation.

(d) Duties.

(e) Annual report on progress.

1127. Fellowships.

(a) In general.

(b) Dean John A. Knauss Marine Policy Fellowship.

1128. Sea grant review panel.

(a) Establishment.

(b) Duties.

(c) Membership, terms, and powers.

1129. Interagency cooperation.

1130. Repealed.

1131. Authorization of appropriations.

(a) Authorization.

(b) Limitations.

(c) Distribution of funds.

(d) Availability of sums.

(e) Reversion of unobligated amounts.

-End-

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33 USC SUBCHAPTER I - MARINE RESOURCES AND ENGINEERING

DEVELOPMENT 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER I - MARINE RESOURCES AND ENGINEERING DEVELOPMENT

-HEAD-

SUBCHAPTER I - MARINE RESOURCES AND ENGINEERING DEVELOPMENT

-End-

-CITE-

33 USC Sec. 1101 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER I - MARINE RESOURCES AND ENGINEERING DEVELOPMENT

-HEAD-

Sec. 1101. Congressional declaration of policy and objectives

-STATUTE-

(a) It is hereby declared to be the policy of the United States

to develop, encourage, and maintain a coordinated, comprehensive,

and long-range national program in marine science for the benefit

of mankind to assist in protection of health and property,

enhancement of commerce, transportation, and national security,

rehabilitation of our commercial fisheries, and increased

utilization of these and other resources.

(b) The marine science activities of the United States should be

conducted so as to contribute to the following objectives:

(1) The accelerated development of the resources of the marine

environment.

(2) The expansion of human knowledge of the marine environment.

(3) The encouragement of private investment enterprise in

exploration, technological development, marine commerce, and

economic utilization of the resources of the marine environment.

(4) The preservation of the role of the United States as a

leader in marine science and resource development.

(5) The advancement of education and training in marine

science.

(6) The development and improvement of the capabilities,

performance, use, and efficiency of vehicles, equipment, and

instruments for use in exploration, research, surveys, the

recovery of resources, and the transmission of energy in the

marine environment.

(7) The effective utilization of the scientific and engineering

resources of the Nation, with close cooperation among all

interested agencies, public and private, in order to avoid

unnecessary duplication of effort, facilities, and equipment, or

waste.

(8) The cooperation by the United States with other nations and

groups of nations and international organizations in marine

science activities when such cooperation is in the national

interest.

-SOURCE-

(Pub. L. 89-454, title I, Sec. 2, June 17, 1966, 80 Stat. 203.)

-MISC1-

SHORT TITLE

Section 1 of title I of Pub. L. 89-454, as renumbered and amended

by Pub. L. 89-688, Sec. 2(a), Oct. 15, 1966, 80 Stat. 1001,

provided that: "This title [enacting this subchapter] may be cited

as the 'Marine Resources and Engineering Development Act of 1966'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1103 of this title.

-End-

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33 USC Sec. 1102 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER I - MARINE RESOURCES AND ENGINEERING DEVELOPMENT

-HEAD-

Sec. 1102. Omitted

-COD-

CODIFICATION

Section, Pub. L. 89-454, title I, Sec. 3, June 17, 1966, 80 Stat.

204; Pub. L. 89-670, Sec. 8(j), Oct. 15, 1966, 80 Stat. 943; Pub.

L. 90-242, Sec. 2, Jan. 2, 1968, 81 Stat. 780; Pub. L. 91-15, Sec.

1, May 23, 1969, 83 Stat. 10; Pub. L. 91-414, Sept. 25, 1970, 84

Stat. 865, established the National Council on Marine Resources and

Engineering Development. The provisions of this chapter with

respect to the Council expired on June 30, 1971, and the Council

terminated on Apr. 30, 1971, for lack of funds.

-End-

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33 USC Sec. 1103 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER I - MARINE RESOURCES AND ENGINEERING DEVELOPMENT

-HEAD-

Sec. 1103. Executive responsibilities; utilization of staff,

interagency, and non-Government advisory arrangements;

consultation with agencies; solicitation of views of non-Federal

agencies

-STATUTE-

(a) In conformity with the provisions of section 1101 of this

title, it shall be the duty of the President with the advice and

assistance of the Council to -

(1) survey all significant marine science activities, including

the policies, plans, programs, and accomplishments of all

departments and agencies of the United States engaged in such

activities;

(2) develop a comprehensive program of marine science

activities, including, but not limited to, exploration,

description and prediction of the marine environment,

exploitation and conservation of the resources of the marine

environment, marine engineering, studies of air-sea interaction,

transmission of energy, and communications, to be conducted by

departments and agencies of the United States, independently or

in cooperation with such non-Federal organizations as States,

institutions and industry;

(3) designate and fix responsibility for the conduct of the

foregoing marine science activities by departments and agencies

of the United States;

(4) insure cooperation and resolve differences arising among

departments and agencies of the United States with respect to

marine science activities under this subchapter, including

differences as to whether a particular project is a marine

science activity;

(5) undertake a comprehensive study, by contract or otherwise,

of the legal problems arising out of the management, use,

development, recovery, and control of the resources of the marine

environment;

(6) establish long-range studies of the potential benefits to

the United States economy, security, health, and welfare to be

gained from marine resources, engineering, and science, and the

costs involved in obtaining such benefits; and

(7) review annually all marine science activities conducted by

departments and agencies of the United States in light of the

policies, plans, programs, and priorities developed pursuant to

this chapter.

(b) In the planning and conduct of a coordinated Federal program

the President and the Council shall utilize such staff,

interagency, and non-Government advisory arrangements as they may

find necessary and appropriate and shall consult with departments

and agencies concerned with marine science activities and solicit

the views of non-Federal organizations and individuals with

capabilities in marine sciences.

-SOURCE-

(Pub. L. 89-454, title I, Sec. 4, June 17, 1966, 80 Stat. 205; Pub.

L. 89-688, Sec. 2(b), Oct. 15, 1966, 80 Stat. 1001.)

-MISC1-

AMENDMENTS

1966 - Subsec. (a). Pub. L. 89-688, in par. (4), substituted

"this title" for "this Act", which, for purposes of codification

has been changed to "this subchapter".

TERMINATION OF COUNCIL

National Council on Marine Resources and Engineering, established

under section 1102 of this title, terminated Apr. 30, 1971, for

lack of funds. See Codification note set out under section 1102 of

this title.

-End-

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33 USC Secs. 1104, 1105 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER I - MARINE RESOURCES AND ENGINEERING DEVELOPMENT

-HEAD-

Secs. 1104, 1105. Omitted

-COD-

CODIFICATION

Section 1104, Pub. L. 89-454, title I, Sec. 5, June 17, 1966, 80

Stat. 205; Pub. L. 89-688, Sec. 2(b), Oct. 15, 1966, 80 Stat. 1001;

Pub. L. 90-242, Sec. 1, Jan. 2, 1968, 81 Stat. 780, established the

Commission on Marine Science, Engineering, and Resources. For

expiration of the Commission, see Codification note set out under

section 1102 of this title.

Section 1105, Pub. L. 89-454, title I, Sec. 6, June 17, 1966, 80

Stat. 207, provided for the National Council on Marine Resources

and Engineering Development to coordinate a program of

international cooperation with respect to work done pursuant to

this chapter. For expiration of the Council, see Codification note

set out under section 1102 of this title.

-End-

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33 USC Sec. 1106 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER I - MARINE RESOURCES AND ENGINEERING DEVELOPMENT

-HEAD-

Sec. 1106. Reports to Congress

-STATUTE-

(a) The President shall transmit to the Congress biennially in

January a report, which shall include (1) a comprehensive

description of the activities and the accomplishments of all

agencies and departments of the United States in the field of

marine science during the preceding fiscal year, and (2) an

evaluation of such activities and accomplishments in terms of the

objectives set forth pursuant to this chapter.

(b) Reports made under this section shall contain such

recommendations for legislation as the President may consider

necessary or desirable for the attainment of the objectives of this

chapter, and shall contain an estimate of funding requirements of

each agency and department of the United States for marine science

activities during the succeeding fiscal year.

-SOURCE-

(Pub. L. 89-454, title I, Sec. 7, June 17, 1966, 80 Stat. 207; Pub.

L. 99-386, title II, Sec. 203(a), Aug. 22, 1986, 100 Stat. 823.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-386 substituted "biennially in

January" for "in January of each year".

-End-

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33 USC Sec. 1107 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER I - MARINE RESOURCES AND ENGINEERING DEVELOPMENT

-HEAD-

Sec. 1107. Definitions

-STATUTE-

For the purposes of this subchapter, the term "marine science"

shall be deemed to apply to oceanographic and scientific endeavors

and disciplines, and engineering and technology in and with

relation to the marine environment; and the term "marine

environment" shall be deemed to include (a) the oceans, (b) the

Continental Shelf of the United States, (c) the Great Lakes, (d)

seabed and subsoil of the submarine areas adjacent to the coasts of

the United States to the depth of two hundred meters, or beyond

that limit, to where the depths of the superjacent waters admit of

the exploitation of the natural resources of such areas, (e) the

seabed and subsoil of similar submarine areas adjacent to the

coasts of islands which comprise United States territory, and (f)

the resources thereof.

-SOURCE-

(Pub. L. 89-454, title I, Sec. 8, June 17, 1966, 80 Stat. 208; Pub.

L. 89-688, Sec. 2(b), Oct. 15, 1966, 80 Stat. 1001.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-688 substituted "this title" for "this Act",

which, for purposes of codification, has been changed to "this

subchapter".

-End-

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33 USC Sec. 1108 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER I - MARINE RESOURCES AND ENGINEERING DEVELOPMENT

-HEAD-

Sec. 1108. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out this subchapter, but sums appropriated

for any one fiscal year shall not exceed $1,200,000.

-SOURCE-

(Pub. L. 89-454, title I, Sec. 9, June 17, 1966, 80 Stat. 208; Pub.

L. 89-688, Sec. 2(b), Oct. 15, 1966, 80 Stat. 1001; Pub. L. 91-15,

Sec. 2, May 23, 1969, 83 Stat. 10.)

-MISC1-

AMENDMENTS

1969 - Pub. L. 91-15 substituted "$1,200,000" for "$1,500,000".

1966 - Pub. L. 89-688 substituted "this title" for "this Act",

which, for purposes of codification, has been changed to "this

subchapter".

-End-

-CITE-

33 USC SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-HEAD-

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 22 section 2220a.

-End-

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33 USC Sec. 1121 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-HEAD-

Sec. 1121. Congressional declaration of policy

-STATUTE-

(a) Findings

The Congress finds and declares the following:

(1) The national interest requires a strategy to -

(A) provide for the understanding and wise use of ocean,

coastal, and Great Lakes resources and the environment;

(B) foster economic competitiveness;

(C) promote public stewardship and wise economic development

of the coastal ocean and its margins, the Great Lakes, and the

exclusive economic zone;

(D) encourage the development of forecast and analysis

systems for coastal hazards;

(E) understand global environmental processes; and

(F) promote domestic and international cooperative solutions

to ocean, coastal, and Great Lakes issues.

(2) Investment in a strong program of research, education,

training, technology transfer, and public service is essential

for this strategy.

(3) The expanding use and development of ocean, coastal, and

Great Lakes resources resulting from growing coastal area

populations and the increasing pressures on the coastal and Great

Lakes environment challenge the ability of the United States to

manage such resources wisely.

(4) The vitality of the Nation and the quality of life of its

citizens depend increasingly on the understanding, assessment,

development, utilization, and conservation of ocean, coastal, and

Great Lakes resources. These resources supply food, energy, and

minerals and contribute to human health, the quality of the

environment, national security, and the enhancement of commerce.

(5) The understanding, assessment, development, utilization,

and conservation of such resources require a broad commitment and

an intense involvement on the part of the Federal Government in

continuing partnership with State and local governments, private

industry, universities, organizations, and individuals concerned

with or affected by ocean, coastal, and Great Lakes resources.

(6) The National Oceanic and Atmospheric Administration,

through the national sea grant college program, offers the most

suitable locus and means for such commitment and involvement

through the promotion of activities that will result in greater

such understanding, assessment, development, utilization, and

conservation. The most cost-effective way to promote such

activities is through continued and increased Federal support of

the establishment, development, and operation of programs and

projects by sea grant colleges, sea grant institutes, and other

institutions, including strong collaborations between

Administration scientists and scientists at academic

institutions.

(b) Objective

The objective of this subchapter is to increase the

understanding, assessment, development, utilization, and

conservation of the Nation's ocean, coastal, and Great Lakes

resources by providing assistance to promote a strong educational

base, responsive research and training activities, broad and prompt

dissemination of knowledge and techniques, and multidisciplinary

approaches to environmental problems.

(c) Purpose

It is the purpose of the Congress to achieve the objective of

this subchapter by extending and strengthening the national sea

grant program, initially established in 1966, to promote research,

education, training, and advisory service activities in fields

related to ocean, coastal, and Great Lakes resources.

-SOURCE-

(Pub. L. 89-454, title II, Sec. 202, as added Pub. L. 89-688, Sec.

1, Oct. 15, 1966, 80 Stat. 998; amended Pub. L. 94-461, Sec. 2,

Oct. 8, 1976, 90 Stat. 1961; Pub. L. 95-428, Sec. 2(b), Oct. 7,

1978, 92 Stat. 999; Pub. L. 100-220, title III, Secs. 3103,

3104(b)(1)(A), (B), Dec. 29, 1987, 101 Stat. 1469, 1470; Pub. L.

105-160, Sec. 3, Mar. 6, 1998, 112 Stat. 21; Pub. L. 107-299, Sec.

2, Nov. 26, 2002, 116 Stat. 2345.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(6). Pub. L. 107-299 inserted ", including

strong collaborations between Administration scientists and

scientists at academic institutions" before period at end.

1998 - Subsec. (a)(1)(D) to (F). Pub. L. 105-160, Sec. 3(a),

added subpar. (D) and redesignated former subpars. (D) and (E) as

(E) and (F), respectively.

Subsec. (a)(6). Pub. L. 105-160, Sec. 3(b), substituted "The most

cost-effective way to promote such activities is through continued

and increased Federal support of the establishment, development,

and operation of programs and projects by sea grant colleges, sea

grant institutes, and other institutions." for "Continued and

increased Federal support of the establishment, development, and

operation of programs and projects by sea grant colleges, sea grant

regional consortia, institutions of higher education, institutes,

laboratories, and other appropriate public and private entities is

the most cost-effective way to promote such activities."

1987 - Subsec. (a). Pub. L. 100-220, Secs. 3103(1),

3104(b)(1)(A), added pars. (1) to (3), redesignated former pars.

(1) to (3) as (4) to (6), respectively, and substituted "ocean,

coastal, and Great Lakes resources" for "ocean and coastal

resources" in pars. (4) and (5).

Subsec. (b). Pub. L. 100-220, Sec. 3103(2), substituted "ocean,

coastal, and Great Lakes resources by providing assistance to

promote a strong educational base, responsive research and training

activities, broad and prompt dissemination of knowledge and

techniques, and multidisciplinary approaches to environmental

problems." for "ocean and coastal resources by providing assistance

to promote a strong educational base, responsive research and

training activities, and broad and prompt dissemination of

knowledge and techniques."

Subsec. (c). Pub. L. 100-220, Sec. 3104(b)(1)(B), substituted

"ocean, coastal, and Great Lakes resources" for "ocean and coastal

resources".

1978 - Subsec. (a)(3). Pub. L. 95-428 substituted "national sea

grant college program" for "national sea grant program".

1976 - Pub. L. 94-461 completely rewrote the Congressional

statement of findings, objectives, and purposes of the National Sea

Grant Program Act to reflect the extension and strengthening of the

national sea grant program to promote research, education,

training, and advisory service activities in fields related to

ocean and coastal resources through federal support to sea grant

colleges, sea grant regional consortia, and other institutions

through the National Oceanic and Atmospheric Administration, and to

make education, training, research, and advisory services

responsive to state, local, regional, or national needs and

problems.

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-299, Sec. 1, Nov. 26, 2002, 116 Stat. 2345, provided

that: "This Act [enacting section 857-20 of this title, amending

this section and sections 1123, 1124, 1126 to 1128, and 1131 of

this title, and enacting provisions set out as a note under section

1123 of this title] may be cited as the 'National Sea Grant College

Program Act Amendments of 2002'."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-160, Sec. 1, Mar. 6, 1998, 112 Stat. 21, provided

that: "This Act [enacting section 1541 of Title 15, Commerce and

Trade, amending this section and sections 1122, 1123, 1126 to 1128,

and 1131 of this title, repealing section 1124a of this title, and

enacting provisions set out as notes under sections 1123 and 1131

of this title] may be cited as the 'National Sea Grant College

Program Reauthorization Act of 1998'."

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102-186, Sec. 1, Dec. 4, 1991, 105 Stat. 1282, provided

that: "This Act [amending sections 1122 to 1124, 1127, 1128, and

1131 of this title and section 4741 of Title 16, Conservation, and

repealing sections 1125 and 1130 of this title] may be cited as the

'National Sea Grant College Program Authorization Act of 1991'."

SHORT TITLE OF 1987 AMENDMENT

Section 3001 of title III of Pub. L. 100-220 provided that: "This

title [amending this section and sections 1122 to 1131 of this

title and enacting provisions set out as notes under this section

and sections 883a and 1125 of this title] may be cited as the

'Marine Science, Technology, and Policy Development Act of 1987'."

Section 3101 of subtitle A (Secs. 3101-3111) of title III of Pub.

L. 100-220 provided that: "This subtitle [amending this section and

sections 1122 to 1131 of this title and enacting provisions set out

as a note under section 1125 of this title] may be cited as the

'National Sea Grant College Program Authorization Act of 1987'."

SHORT TITLE OF 1976 AMENDMENT

Section 1 of Pub. L. 94-461 provided: "That this Act [enacting

sections 1124a, 1125, 1126, 1127, 1128, 1129, 1130, and 1131 of

this title and amending this section, sections 1122, 1123, and 1124

of this title, sections 5314 and 5315 of Title 5, Government

Organization and Employees, and provisions set out as notes under

this section, section 1511 of Title 15, Commerce and Trade, and in

the Appendix to Title 5, Government Organization and Employees] may

be cited as the 'Sea Grant Program Improvement Act of 1976'."

SHORT TITLE

Section 201 of title II of Pub. L. 89-454, as added by section 1

of Pub. L. 89-688, and amended by Pub. L. 94-461, Sec. 2, Oct. 8,

1976, 90 Stat. 1961; Pub. L. 95-428, Sec. 2(a), Oct. 7, 1978, 92

Stat. 999, provided that: "This title [enacting this subchapter]

may be cited as the 'National Sea Grant College Program Act'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1124, 1126 of this title.

-End-

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33 USC Sec. 1122 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-HEAD-

Sec. 1122. Definitions

-STATUTE-

As used in this subchapter -

(1) The term "Administration" means the National Oceanic and

Atmospheric Administration.

(2) The term "Director" means the Director of the national sea

grant college program, appointed pursuant to section 1123(b) (!1)

of this title.

(3) the (!2) term "director of a sea grant college" means a

person designated by his or her institution to direct a sea grant

college or sea grant institute.

(4) The term "field related to ocean, coastal, and Great Lakes

resources" means any discipline or field, including marine

affairs, resource management, technology, education, or science,

which is concerned with or likely to improve the understanding,

assessment, development, utilization, or conservation of ocean,

coastal, or Great Lakes resources.

(5) The term "institution" means any public or private

institution of higher education, institute, laboratory, or State

or local agency.

(6) The term "includes" and variants thereof should be read as

if the phrase "but is not limited to" were also set forth.

(7) The term "ocean, coastal, and Great Lakes resources" means

the resources that are located in, derived from, or traceable to,

the seabed, subsoil, and waters of -

(A) the coastal zone, as defined in section 1453(1) of title

16;

(B) the Great Lakes;

(C) Lake Champlain (to the extent that such resources have

hydrological, biological, physical, or geological

characteristics and problems similar or related to those of the

Great Lakes);

(D) the territorial sea;

(E) the exclusive economic zone;

(F) the Outer Continental Shelf; and

(G) the high seas.

(8) The term "resource" means -

(A) living resources (including natural and cultured plant

life, fish, shellfish, marine mammals, and wildlife);

(B) nonliving resources (including energy sources, minerals,

and chemical substances);

(C) the habitat of a living resource, the coastal space, the

ecosystems, the nutrient-rich areas, and the other components

of the marine environment that contribute to or provide (or

which are capable of contributing to or providing)

recreational, scenic, esthetic, biological, habitational,

commercial, economic, or conservation values; and

(D) man-made, tangible, intangible, actual, or potential

resources.

(9) The term "panel" means the sea grant review panel

established under section 1128 of this title.

(10) The term "person" means any individual; any public or

private corporation, partnership, or other association or entity

(including any sea grant college, sea grant institute or other

institution); or any State, political subdivision of a State, or

agency or officer thereof.

(11) The term "project" means any individually described

activity in a field related to ocean, coastal, and Great Lakes

resources involving research, education, training, or advisory

services administered by a person with expertise in such a field.

(12) The term "sea grant college" means any institution, or any

association or alliance of two or more such institutions,

designated as such by the Secretary under section 1126 of this

title.

(13) The term "sea grant institute" means any institution, or

any association or alliance of two or more such institutions,

designated as such by the Secretary under section 1126 of this

title.

(14) The term "sea grant program" means a program of research

and outreach which is administered by one or more sea grant

colleges or sea grant institutes.

(15) The term "Secretary" means the Secretary of Commerce,

acting through the Under Secretary of Commerce for Oceans and

Atmosphere.

(16) The term "State" means any State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, the Commonwealth of the Mariana

Islands, or any other territory or possession of the United

States.

-SOURCE-

(Pub. L. 89-454, title II, Sec. 203, as added Pub. L. 89-688, Sec.

1, Oct. 15, 1966, 80 Stat. 999; amended Pub. L. 90-477, Sec. 1(1),

Aug. 11, 1968, 82 Stat. 704; Pub. L. 91-349, July 23, 1970, 84

Stat. 448; Pub. L. 93-73, Sec. 1(1), (5), July 10, 1973, 87 Stat.

170; Pub. L. 94-461, Sec. 2, Oct. 8, 1976, 90 Stat. 1962; Pub. L.

95-428, Sec. 2(b), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96-289, Sec.

1(1), June 28, 1980, 94 Stat. 605; Pub. L. 100-220, title II, Sec.

3104(a), (b)(1)(C), Dec. 29, 1987, 101 Stat. 1470; Pub. L. 102-186,

Sec. 5(b)(1), Dec. 4, 1991, 105 Stat. 1284; Pub. L. 102-251, title

III, Sec. 307(a), Mar. 9, 1992, 106 Stat. 66; Pub. L. 105-160, Sec.

4(a), Mar. 6, 1998, 112 Stat. 21; Pub. L. 105-174, title III, Sec.

10003, May 1, 1998, 112 Stat. 99.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 102-251, title III, Secs. 307(a), 308, Mar. 9, 1992, 106

Stat. 66, provided that, effective on the date on which the

Agreement between the United States and the Union of Soviet

Socialist Republics on the Maritime Boundary, signed June 1, 1990,

enters into force for the United States, with authority to

prescribe implementing regulations effective Mar. 9, 1992, but with

no such regulation to be effective until the date on which the

Agreement enters into force for the United States, paragraph (6) of

this section is amended:

(1) by striking "and" at the end of subparagraph (E);

(2) by redesignating subparagraph (F) as subparagraph (G); and

(3) by inserting immediately after subparagraph (E) the following

new subparagraph:

(F) the areas referred to as eastern special areas in Article

3(1) of the Agreement between the United States of America and the

Union of Soviet Socialist Republics on the Maritime Boundary,

signed June 1, 1990; in particular, those areas east of the

maritime boundary, as defined in that Agreement, that lie within

200 nautical miles of the baselines from which the breadth of the

territorial sea of Russia is measured but beyond 200 nautical miles

of the baselines from which the breadth of the territorial sea of

the United States is measured; and

-REFTEXT-

REFERENCES IN TEXT

Section 1123 of this title, referred to in par. (2), was amended

generally by Pub. L. 105-160, Sec. 5, Mar. 6, 1998, 112 Stat. 22,

and, as so amended, provisions relating to appointment of the

Director of the National Sea Grant College Program, which formerly

appeared in subsec. (b), are contained in subsec. (d).

-MISC1-

AMENDMENTS

1998 - Par. (3). Pub. L. 105-160, Sec. 4(a)(1), substituted "his

or her" for "their university or" and "college or sea grant

institute" for "college, programs, or regional consortium".

Par. (4). Pub. L. 105-160, Sec. 4(a)(2), added par. (4) and

struck out former par. (4) which read as follows: "The term 'field

related to ocean, coastal, and Great Lakes resources' means any

discipline or field (including marine science (and the physical,

natural, and biological sciences, and engineering, included

therein), marine technology, education, marine affairs and resource

management, economics, sociology, communications, planning, law,

international affairs, and public administration) which is

concerned with or likely to improve the understanding, assessment,

development, utilization, or conservation of ocean, coastal, and

Great Lakes resources."

Par. (5). Pub. L. 105-174, Sec. 10003(1), redesignated par. (6)

as (5) and struck out former par. (5) which read as follows: "The

term 'Great Lakes' includes Lake Champlain."

Pub. L. 105-160, Sec. 4(a)(3), added par. (5). Former par. (5)

redesignated (7).

Par. (6). Pub. L. 105-174, Sec. 10003(1), redesignated par. (7)

as (6). Former par. (6) redesignated (5).

Pub. L. 105-160, Sec. 4(a)(3), added par. (6). Former par. (6)

redesignated (8).

Par. (7). Pub. L. 105-174, Sec. 10003, redesignated par. (8) as

(7), added subpar. (C), and redesignated former subpars. (C) to (F)

as (D) to (G), respectively. Former par. (7) redesignated (6).

Pub. L. 105-160, Sec. 4(a)(3), redesignated par. (5) as (7).

Former par. (7) redesignated (9).

Pars. (8) to (10). Pub. L. 105-174, Sec. 10003(1), redesignated

pars. (9) to (11) as (8) to (10), respectively. Former par. (8)

redesignated (7).

Pub. L. 105-160, Sec. 4(a)(3), redesignated pars. (6) to (8) as

(8) to (10), respectively. Former pars. (9) and (10) redesignated

(11) and (12), respectively.

Par. (11). Pub. L. 105-174, Sec. 10003(1), redesignated par. (12)

as (11). Former par. (11) redesignated (10).

Pub. L. 105-160, Sec. 4(a)(3), (4), redesignated par. (9) as (11)

and substituted "institute or other institution" for "regional

consortium, institution of higher education, institute, or

laboratory". Former par. (11) redesignated (13).

Pars. (12) to (17). Pub. L. 105-174, Sec. 10003(1), redesignated

pars. (13) to (17) as (12) to (16), respectively. Former par. (12)

redesignated (11).

Pub. L. 105-160, Sec. 4(a)(5), added pars. (12) to (17) and

struck out former pars. (12) to (17) which defined "sea grant

college", "sea grant program", "sea grant regional consortium",

"Secretary", "State", and "Under Secretary", respectively.

Pub. L. 105-160, Sec. 4(a)(3), redesignated pars. (10) to (15) as

(12) to (17), respectively.

1991 - Par. (4). Pub. L. 102-186 inserted "marine affairs and

resource management," after "education,".

1987 - Pars. (2), (3). Pub. L. 100-220, Sec. 3104(a)(1), (2),

added par. (3), redesignated former par. (3) as (2), and struck out

former par. (2) which read as follows: "The term 'Administrator'

means the Administrator of the National Oceanic and Atmospheric

Administration."

Par. (4). Pub. L. 100-220, Sec. 3104(b)(1)(C), substituted

"ocean, coastal, and Great Lakes resources" for "ocean and coastal

resources" in two places.

Par. (6). Pub. L. 100-220, Sec. 3104(a)(3), added par. (6) and

struck out former par. (6) which read as follows: "The term 'marine

environment' means the coastal zone, as defined in section 1453(1)

of title 16; the seabed, subsoil, and waters of the Great Lakes and

the territorial sea of the United States; the waters of any zone

over which the United States asserts exclusive fishery management

authority; the waters of the high seas; and the seabed and subsoil

of and beyond the outer Continental Shelf."

Par. (7). Pub. L. 100-220, Sec. 3104(a)(3), added par. (7) and

struck out former par. (7) which read as follows: "The term 'ocean

and coastal resource' means any resource (whether living,

nonliving, manmade, tangible, intangible, actual, or potential)

which is located in, derived from, or traceable to, the marine

environment. Such term includes the habitat of any such living

resource, the coastal space, the ecosystems, the nutrient-rich

areas, and the other components of the marine environment which

contribute to or provide (or which are capable of contributing to

or providing) recreational, scenic, esthetic, biological,

habitational, commercial, economic, or conservation values. Living

resources include natural and cultured plant life, fish, shellfish,

marine mammals, and wildlife. Nonliving resources include energy

sources, minerals, and chemical substances."

Par. (11). Pub. L. 100-220, Sec. 3104(b)(1)(C), substituted

"ocean, coastal, and Great Lakes resources" for "ocean and coastal

resources".

Par. (15). Pub. L. 100-220, Sec. 3104(a)(4), added par. (15).

1980 - Par. (6). Pub. L. 96-289 extended term "marine

environment" to include waters of Great Lakes.

1978 - Pub. L. 95-428 substituted "national sea grant college

program" for "national sea grant program".

1976 - Pub. L. 94-461 substituted provisions defining terms used

in this subchapter for provisions designating Secretary of Commerce

as administering authority for national sea grant program and

authorizing appropriations through fiscal 1976.

1973 - Subsec. (a). Pub. L. 93-73, Sec. 1(5), substituted

"Secretary of Commerce" and "Secretary" for "National Science

Foundation" and "Foundation", respectively.

Subsec. (b)(1). Pub. L. 93-73, Sec. 1(1), (5), authorized

appropriations of $30,000,000; $40,000,000; and $50,000,000 for

fiscal years ending June 30, 1974, 1975, and 1976, and substituted

"Secretary" for "Foundation".

1970 - Subsec. (b)(1). Pub. L. 91-349 authorized appropriations

for fiscal year ending June 30, 1971, not to exceed the sum of

$20,000,000, for fiscal year ending June 30, 1972, not to exceed

the sum of $25,000,000, and for fiscal year ending June 30, 1973,

not to exceed the sum of $30,000,000.

1968 - Subsec. (b)(1). Pub. L. 90-477 authorized appropriations

for fiscal year ending June 30, 1969, not to exceed the sum of

$6,000,000, and for fiscal year ending June 30, 1970, not to exceed

the sum of $15,000,000.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement

between the United States and the Union of Soviet Socialist

Republics on the Maritime Boundary, signed June 1, 1990, enters

into force for United States, with authority to prescribe

implementing regulations effective Mar. 9, 1992, but with no such

regulation to be effective until date on which Agreement enters

into force for United States, see section 308 of Pub. L. 102-251,

set out as a note under section 773 of Title 16, Conservation.

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be capitalized.

-End-

-CITE-

33 USC Sec. 1123 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-HEAD-

Sec. 1123. National sea grant college program

-STATUTE-

(a) Program maintenance

The Secretary shall maintain within the Administration a program

to be known as the national sea grant college program. The national

sea grant college program shall be administered by a national sea

grant office within the Administration.

(b) Program elements

The national sea grant college program shall consist of the

financial assistance and other activities authorized in this

subchapter, and shall provide support for the following elements -

(1) sea grant programs which comprise a national sea grant

college program network, including international projects

conducted within such programs;

(2) administration of the national sea grant college program

and this subchapter by the national sea grant office, the

Administration, and the panel;

(3) the fellowship program under section 1127 of this title;

and

(4) any national strategic investments in fields relating to

ocean, coastal, and Great Lakes resources developed with the

approval of the panel, the sea grant colleges, and the sea grant

institutes.

(c) Responsibilities of Secretary

(1) The Secretary, in consultation with the panel, sea grant

colleges, and sea grant institutes, shall develop at least every 4

years a strategic plan that establishes priorities for the national

sea grant college program, provides an appropriately balanced

response to local, regional, and national needs, and is reflective

of integration with the relevant portions of the strategic plans of

the Department of Commerce and of the Administration.

(2) Within 6 months of March 6, 1998, the Secretary, in

consultation with the panel, sea grant colleges, and sea grant

institutes, shall establish guidelines related to the activities

and responsibilities of sea grant colleges and sea grant

institutes. Such guidelines shall include requirements for the

conduct of merit review by the sea grant colleges and sea grant

institutes of proposals for grants and contracts to be awarded

under section 1124 of this title, providing, at a minimum, for

standardized documentation of such proposals and peer review of all

research projects.

(3) The Secretary shall by regulation prescribe the

qualifications required for designation of sea grant colleges and

sea grant institutes under section 1126 of this title.

(4) To carry out the provisions of this subchapter, the Secretary

may -

(A) appoint, assign the duties, transfer, and fix the

compensation of such personnel as may be necessary, in accordance

with civil service laws;

(B) make appointments with respect to temporary and

intermittent services to the extent authorized by section 3109 of

title 5;

(C) publish or arrange for the publication of, and otherwise

disseminate, in cooperation with other offices and programs in

the Administration and without regard to section 501 of title 44,

any information of research, educational, training or other value

in fields related to ocean, coastal, or Great Lakes resources;

(D) enter into contracts, cooperative agreements, and other

transactions without regard to section 5 of title 41;

(E) notwithstanding section 1342 of title 31, accept donations

and voluntary and uncompensated services;

(F) accept funds from other Federal departments and agencies,

including agencies within the Administration, to pay for and add

to grants made and contracts entered into by the Secretary; and

(G) promulgate such rules and regulations as may be necessary

and appropriate.

(d) Director of National Sea Grant College Program

(1) The Secretary shall appoint, as the Director of the National

Sea Grant College Program, a qualified individual who has

appropriate administrative experience and knowledge or expertise in

fields related to ocean, coastal, and Great Lakes resources. The

Director shall be appointed and compensated, without regard to the

provisions of title 5 governing appointments in the competitive

service, at a rate payable under section 5376 of title 5.

(2) Subject to the supervision of the Secretary, the Director

shall administer the national sea grant college program and oversee

the operation of the national sea grant office. In addition to any

other duty prescribed by law or assigned by the Secretary, the

Director shall -

(A) facilitate and coordinate the development of a long-range

strategic plan under subsection (c)(1) of this section;

(B) advise the Secretary with respect to the expertise and

capabilities which are available within or through the national

sea grant college program and encourage the use of such expertise

and capabilities, on a cooperative or other basis, by other

offices and activities within the Administration, and other

Federal departments and agencies;

(C) advise the Secretary on the designation of sea grant

colleges and sea grant institutes, and, if appropriate, on the

termination or suspension of any such designation; and

(D) encourage the establishment and growth of sea grant

programs, and cooperation and coordination with other Federal

activities in fields related to ocean, coastal, and Great Lakes

resources.

(3) With respect to sea grant colleges and sea grant institutes,

the Director shall -

(A)(i) evaluate the performance of the programs of sea grant

colleges and sea grant institutes, using the priorities,

guidelines, and qualifications established by the Secretary under

subsection (c) of this section, and determine which of the

programs are the best managed and carry out the highest quality

research, education, extension, and training activities; and

(ii) rate the programs according to their relative performance

(as determined under clause (i)) into no less than 5 categories,

with each of the 2 best-performing categories containing no more

than 25 percent of the programs;

(B) subject to the availability 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

programs;

(iii) to the maximum extent consistent with other provisions

of this subchapter, provide a stable base of funding for sea

grant colleges and institutes; and

(iv) encourage and promote coordination and cooperation

between the research, education, and outreach programs of the

Administration and those of academic institutions; and

(C) ensure compliance with the guidelines for merit review

under subsection (c)(2) of this section.

-SOURCE-

(Pub. L. 89-454, title II, Sec. 204, as added Pub. L. 89-688, Sec.

1, Oct. 15, 1966, 80 Stat. 999; amended Pub. L. 90-477, Sec. 1(2),

Aug. 11, 1968, 82 Stat. 704; Pub. L. 93-73, Sec. 1(2)-(7), July 10,

1973, 87 Stat. 170; Pub. L. 94-461, Sec. 2, Oct. 8, 1976, 90 Stat.

1963; Pub. L. 95-428, Secs. 2(b), 3(1), Oct. 7, 1978, 92 Stat. 999;

Pub. L. 96-289, Sec. 1(2), June 28, 1980, 94 Stat. 605; Pub. L.

100-220, title III, Secs. 3104(b)(1)(D), (2), (c), 3105(b), Dec.

29, 1987, 101 Stat. 1470, 1471; Pub. L. 102-186, Secs. 2,

4(b)(1)(A), Dec. 4, 1991, 105 Stat. 1282, 1283; Pub. L. 105-160,

Sec. 5, Mar. 6, 1998, 112 Stat. 22; Pub. L. 107-299, Sec. 3(a),

(b)(1), (c), Nov. 26, 2002, 116 Stat. 2345, 2346.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (c)(4)(A), are set

forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (d)(1), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

This subchapter, referred to in subsec. (d)(3)(B)(iii), was in

the original "this Act" and was translated as reading "this title"

meaning title II of Pub. L. 89-454, which enacted this subchapter,

to reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

2002 - Subsec. (c)(1). Pub. L. 107-299, Sec. 3(a), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "The

Secretary, in consultation with the panel, sea grant colleges, and

sea grant institutes, shall develop a long-range strategic plan

which establishes priorities for the national sea grant college

program and which provides an appropriately balanced response to

local, regional, and national needs."

Subsec. (d)(3)(A). Pub. L. 107-299, Sec. 3(b)(1), amended subpar.

(A) generally. Prior to amendment, subpar. (A) read as follows:

"evaluate the programs of sea grant colleges and sea grant

institutes, using the priorities, guidelines, and qualifications

established by the Secretary;".

Subsec. (d)(3)(B)(iv). Pub. L. 107-299, Sec. 3(c), added cl.

(iv).

1998 - Pub. L. 105-160 amended section catchline and text

generally. Prior to amendment text consisted of subsecs. (a) to (d)

relating to maintenance within the Administration of the National

Sea Grant College Program, appointment and compensation of a

Director of the program, duties of the Director, and powers of the

Secretary to carry out the provisions of this subchapter.

1991 - Subsec. (a). Pub. L. 102-186, Sec. 2(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"The Secretary shall maintain, within the Administration, a program

to be known as the national sea grant college program. The national

sea grant college program shall consist of the financial assistance

and other activities provided for in this subchapter. The Secretary

shall establish long-range planning guidelines and priorities for,

and adequately evaluate, this program."

Subsec. (c)(3). Pub. L. 102-186, Sec. 4(b)(1)(A), substituted

"section 1124" for "sections 1124 and 1125".

Subsec. (c)(8). Pub. L. 102-186, Sec. 2(b), added par. (8).

Subsec. (d)(6). Pub. L. 102-186, Sec. 2(c), inserted "and add"

after "to pay for".

1987 - Subsec. (b)(1)(A). Pub. L. 100-220, Sec. 3104(b)(1)(D),

substituted "ocean, coastal, and Great Lakes resources" for "ocean

and coastal resources".

Subsec. (c). Pub. L. 100-220, Sec. 3104(c), substituted "Under

Secretary" for "Administrator" wherever appearing in introductory

provisions and par. (2).

Subsec. (c)(5). Pub. L. 100-220, Sec. 3104(b)(2), substituted

"ocean, coastal, and Great Lakes resources" for "ocean and coastal

resource".

Subsec. (d)(3). Pub. L. 100-220, Sec. 3104(b)(1)(D), substituted

"ocean, coastal, and Great Lakes resources" for "ocean and coastal

resources" in two places.

Subsec. (d)(6). Pub. L. 100-220, Sec. 3105(b), struck out "under

section 1124(a) of this title" after "Secretary".

1980 - Subsec. (c)(5) to (7). Pub. L. 96-289 added par. (5) and

redesignated former pars. (5) and (6) as (6) and (7), respectively.

1978 - Subsecs. (a) to (c). Pub. L. 95-428, Sec. 2(b),

substituted "national sea grant college program" for "national sea

grant program" wherever appearing.

Subsec. (d)(6), (7). Pub. L. 95-428, Sec. 3(1)(B), (C), added

par. (6) and redesignated former par. (6) as (7).

1976 - Pub. L. 94-461 substituted provisions covering the

establishment and administration of the national sea grant program

for provisions covering the marine resource development programs.

1973 - Subsec. (a). Pub. L. 93-73, Sec. 1(2), (5), deleted item

(1) designation for provision respecting consultation with experts

and Federal agencies, deleted item (2) provision for seeking advice

and counsel from the National Council on Marine Resources and

Engineering Development, and substituted "Secretary" for

"Foundation".

Subsec. (b). Pub. L. 93-73, Sec. 1(5), substituted "Secretary"

for "Foundation" and "his authority" for "its authority".

Subsec. (d)(1). Pub. L. 93-73, Sec. 1(3), (5), authorized Federal

contributions exceeding percentage limitation to programs limited

to one percent of appropriations for the fiscal year when reducing

or eliminating matching payments by a participant when Secretary

determines it would be inequitable relevant to the benefits derived

by the participant from the program to require the participant to

make a one-third payment of the cost, and substituted "Secretary"

for "Foundation" in last sentence.

Subsec. (d)(2). Pub. L. 93-73, Sec. 1(4), (5), made prohibitions

of paragraph inapplicable to non-self-propelled habitats, buoys,

platforms, or other similar devices or structures, used principally

for research purposes and substituted "Secretary" for "foundation".

Subsecs. (d)(3), (e). Pub. L. 93-73, Sec. 1(5), substituted

"Secretary" for "Foundation".

Subsec. (f). Pub. L. 93-73, Sec. 1(5), substituted "Secretary"

for "Foundation" and "his functions" for "its functions".

Subsec. (g). Pub. L. 93-73, Sec. 1(6), substituted provisions for

exercise of powers and authority under this subchapter by the

Secretary rather than the Foundation under the powers and authority

of the National Science Foundation Act of 1950, as amended.

Subsec. (h). Pub. L. 93-73, Sec. 1(5), substituted "Secretary"

for "Foundation" and "his functions" for "its functions".

Subsec. (i)(3). Pub. L. 93-73, Sec. 1(7), inserted "and which is

so designated by the Secretary" after "marine resources".

Subsec. (i)(4)(A) to (C). Pub. L. 93-73, Sec. 1(5), substituted

"Secretary" for "Foundation".

1968 - Subsec. (d)(1). Pub. L. 90-477 struck out "in any fiscal

year" after "The total amount of payments" and "by any

participants".

REVIEW OF EVALUATION AND RATING PROCESS

Pub. L. 107-299, Sec. 3(b)(2), Nov. 26, 2002, 116 Stat. 2346,

provided that:

"(A) After 3 years after the date of the enactment of this Act

[Nov. 26, 2002], the Secretary of Commerce, acting through the

Under Secretary of Commerce for Oceans and Atmosphere, shall

contract with the National Academy of Sciences -

"(i) to review the effectiveness of the evaluation and rating

system under the amendment made by paragraph (1) in determining

the relative performance of programs of sea grant colleges and

sea grant institutes;

"(ii) to evaluate whether the sea grant programs have improved

as a result of the evaluation process; and

"(iii) to make appropriate recommendations to improve the

overall effectiveness of the evaluation process.

"(B) The National Academy of Sciences shall submit a report to

the Congress on the findings and recommendations of the panel under

subparagraph (A) by not later than 4 years after the date of the

enactment of this Act [Nov. 26, 2002]."

NOTICE OF REORGANIZATION

Pub. L. 105-160, Sec. 9(d), Mar. 6, 1998, 112 Stat. 27, provided

that: "The Secretary of Commerce shall provide notice to the

Committees on Science, Resources, and Appropriations of the House

of Representatives and the Committees on Commerce, Science, and

Transportation and Appropriations of the Senate, not later than 45

days before any major reorganization of any program, project, or

activity of the National Sea Grant College Program."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1122, 1124, 1126, 1128,

1131 of this title.

-End-

-CITE-

33 USC Sec. 1124 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-HEAD-

Sec. 1124. Program or project grants and contracts

-STATUTE-

(a) Authorization; purposes; limitation on amount

The Secretary may make grants and enter into contracts under this

subsection to assist any sea grant program or project if the

Secretary finds that such program or project will -

(1) implement the objective set forth in section 1121(b) of

this title; and

(2) be responsive to the needs or problems of individual States

or regions.

The total amount paid pursuant to any such grant or contract may

equal 66 2/3 percent, or any lesser percent, of the total cost of

the sea grant program or project involved; except that this

limitation shall not apply in the case of grants or contracts paid

for with funds accepted by the Secretary under section

1123(c)(4)(F) of this title.

(b) Special grants; maximum amount; prerequisites

The Secretary may make special grants under this subsection to

implement the objective set forth in section 1121(b) of this title.

The amount of any such grant may equal 100 percent, or any lesser

percent, of the total cost of the project involved. No grant may be

made under this subsection unless the Secretary finds that -

(1) no reasonable means is available through which the

applicant can meet the matching requirement for a grant under

subsection (a) of this section;

(2) the probable benefit of such project outweighs the public

interest in such matching requirement; and

(3) the same or equivalent benefit cannot be obtained through

the award of a contract or grant under subsection (a) of this

section.

The total amount which may be provided for grants under this

subsection during any fiscal year shall not exceed an amount equal

to 1 percent of the total funds appropriated for such year pursuant

to section 1131 of this title.

(c) Eligibility and procedure

Any person may apply to the Secretary for a grant or contract

under this section. Application shall be made in such form and

manner, and with such content and other submissions, as the

Secretary shall by regulation prescribe. The Secretary shall act

upon each such application within 6 months after the date on which

all required information is received.

(d) Terms and conditions

(1) Any grant made, or contract entered into, under this section

shall be subject to the limitations and provisions set forth in

paragraphs (2), (3), and (4) and to such other terms, conditions,

and requirements as the Secretary deems necessary or appropriate.

Terms, conditions, and requirements imposed by the Secretary under

this paragraph shall minimize any requirement of prior Federal

approval.

(2) No payment under any grant or contract under this section may

be applied to -

(A) the purchase or rental of any land; or

(B) the purchase, rental, construction, preservation, or repair

of any building, dock, or vessel;

except that payment under any such grant or contract may be applied

to the short-term rental of buildings or facilities for meetings

which are in direct support of any sea grant program or project and

may, if approved by the Secretary, be applied to the purchase,

rental, construction, preservation, or repair of non-self-propelled

habitats, buoys, platforms, and other similar devices or

structures, or to the rental of any research vessel which is used

in direct support of activities under any sea grant program or

project.

(3) The total amount which may be obligated for payment pursuant

to grants made to, and contracts entered into with, persons under

this section within any one State in any fiscal year shall not

exceed an amount equal to 15 percent of the total funds

appropriated for such year pursuant to section 1131 of this title.

(4) Any person who receives or utilizes any proceeds of any grant

or contract under this section shall keep such records as the

Secretary shall by regulation prescribe as being necessary and

appropriate to facilitate effective audit and evaluation, including

records which fully disclose the amount and disposition by such

recipient of such proceeds, the total cost of the program or

project in connection with which such proceeds were used, and the

amount, if any, of such cost which was provided through other

sources. Such records shall be maintained for 3 years after the

completion of such a program or project. The Secretary and the

Comptroller General of the United States, or any of their duly

authorized representatives, shall have access, for the purpose of

audit and evaluation, to any books, documents, papers, and records

of receipts which, in the opinion of the Secretary or of the

Comptroller General, may be related or pertinent to such grants and

contracts.

-SOURCE-

(Pub. L. 89-454, title II, Sec. 205, as added Pub. L. 89-688, Sec.

1, Oct. 15, 1966, 80 Stat. 1001; amended Pub. L. 93-73, Sec. 1(8),

July 10, 1973, 87 Stat. 170; Pub. L. 94-461, Sec. 2, Oct. 8, 1976,

90 Stat. 1964; Pub. L. 95-428, Sec. 3(2), Oct. 7, 1978, 92 Stat.

999; Pub. L. 96-289, Sec. 1(3), June 28, 1980, 94 Stat. 605; Pub.

L. 100-220, title III, Sec. 3105(a), Dec. 29, 1987, 101 Stat. 1471;

Pub. L. 102-186, Sec. 4(b)(1)(B), Dec. 4, 1991, 105 Stat. 1283;

Pub. L. 107-299, Sec. 4, Nov. 26, 2002, 116 Stat. 2346.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-299 substituted "section

1123(c)(4)(F)" for "section 1123(d)(6)" in concluding provisions.

1991 - Subsec. (b)(3). Pub. L. 102-186 struck out reference to

section 1125 of this title after reference to subsection (a) of

this section.

1987 - Subsec. (d)(1). Pub. L. 100-220 inserted at end "Terms,

conditions, and requirements imposed by the Secretary under this

paragraph shall minimize any requirement of prior Federal

approval."

1980 - Subsec. (d)(2). Pub. L. 96-289 authorized application of

any payment under a grant or contract to the short-term rental of

buildings or facilities for meetings which are in direct support of

any sea grant program or project.

1978 - Subsec. (a). Pub. L. 95-428 made the percentage limitation

inapplicable to grants or contracts paid for with funds accepted by

the Secretary under section 1123(d)(6) of this title.

1976 - Pub. L. 94-461 substituted provisions covering program or

project grants and contracts for provisions authorizing the study

of ways to share with other countries the results of marine

research useful in the exploration, development, conservation, and

management of marine resources.

1973 - Pub. L. 93-73 substituted provisions for study of

international marine technology transfer for prior provisions

respecting advisory functions of National Council on Marine

Resources and Development.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1123, 1126, 1128 of this

title; title 16 section 4741.

-End-

-CITE-

33 USC Sec. 1124a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-HEAD-

Sec. 1124a. Repealed. Pub. L. 105-160, Sec. 6, Mar. 6, 1998, 112

Stat. 24

-MISC1-

Section, Pub. L. 94-461, Sec. 3, Oct. 8, 1976, 90 Stat. 1969;

Pub. L. 95-58, Sec. 2, June 29, 1977, 91 Stat. 254; Pub. L. 95-428,

Sec. 4(2), (3), Oct. 7, 1978, 92 Stat. 1000; Pub. L. 96-289, Secs.

2, 3, June 28, 1980, 94 Stat. 605; Pub. L. 98-623, title V, Sec.

501(b), Nov. 8, 1984, 98 Stat. 3410; Pub. L. 100-220, title III,

Sec. 3111, Dec. 29, 1987, 101 Stat. 1474; Pub. L. 102-251, title

III, Sec. 307(b), Mar. 9, 1992, 106 Stat. 66, related to sea grant

international program.

-End-

-CITE-

33 USC Sec. 1125 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-HEAD-

Sec. 1125. Repealed. Pub. L. 102-186, Sec. 4(a), Dec. 4, 1991, 105

Stat. 1283

-MISC1-

Section, Pub. L. 89-454, title II, Sec. 206, as added Pub. L.

94-461, Sec. 2, Oct. 8, 1976, 90 Stat. 1965; amended Pub. L. 95-58,

Sec. 1, June 29, 1977, 91 Stat. 254; Pub. L. 95-428, Sec. 3(3),

Oct. 7, 1978, 92 Stat. 999; Pub. L. 96-289, Sec. 1(4), June 28,

1980, 94 Stat. 605; Pub. L. 100-220, title III, Sec. 3106(a), Dec.

29, 1987, 101 Stat. 1471, required development of a sea grant

strategic research plan and authorized grants and contracts to

carry out the program.

-End-

-CITE-

33 USC Sec. 1126 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-HEAD-

Sec. 1126. Sea grant colleges and sea grant institutes

-STATUTE-

(a) Designation

(1) A sea grant college or sea grant institute shall meet the

following qualifications -

(A) have an existing broad base of competence in fields related

to ocean, coastal, and Great Lakes resources;

(B) make a long-term commitment to the objective in section

1121(b) of this title, as determined by the Secretary;

(C) cooperate with other sea grant colleges and institutes and

other persons to solve problems or meet needs relating to ocean,

coastal, and Great Lakes resources;

(D) have received financial assistance under section 1124 of

this title;

(E) be recognized for excellence in fields related to ocean,

coastal, and Great Lakes resources (including marine resources

management and science), as determined by the Secretary; and

(F) meet such other qualifications as the Secretary, in

consultation with the panel, considers necessary or appropriate.

(2) The Secretary may designate an institution, or an association

or alliance of two or more such institutions, as a sea grant

college if the institution, association, or alliance -

(A) meets the qualifications in paragraph (1); and

(B) maintains a program of research, advisory services,

training, and education in fields related to ocean, coastal, and

Great Lakes resources.

(3) The Secretary may designate an institution, or an association

or alliance of two or more such institutions, as a sea grant

institute if the institution, association, or alliance -

(A) meets the qualifications in paragraph (1); and

(B) maintains a program which includes, at a minimum, research

and advisory services.

(b) Existing designees

Any institution, or association or alliance of two or more such

institutions, designated as a sea grant college or awarded

institutional program status by the Director prior to March 6,

1998, shall not have to reapply for designation as a sea grant

college or sea grant institute, respectively, after March 6, 1998,

if the Director determines that the institution, or association or

alliance of institutions, meets the qualifications in subsection

(a) of this section.

(c) Suspension or termination of designation

The Secretary may, for cause and after an opportunity for

hearing, suspend or terminate any designation under subsection (a)

of this section.

(d) Duties

Subject to any regulations prescribed or guidelines established

by the Secretary, it shall be the responsibility of each sea grant

college and sea grant institute -

(1) to develop and implement, in consultation with the

Secretary and the panel, a program that is consistent with the

guidelines and priorities established under section 1123(c) of

this title; and

(2) to conduct a merit review of all proposals for grants and

contracts to be awarded under section 1124 of this title.

(e) Annual report on progress

(1) Report requirement

The Secretary shall report annually to the Committee on

Resources and the Committee on Science of the House of

Representatives, and to the Committee on Commerce, Science, and

Transportation of the Senate, on efforts and progress made by

colleges, universities, institutions, associations, and alliances

to become designated under this section as sea grant colleges or

sea grant institutes, including efforts and progress made by sea

grant institutes in being designated as sea grant colleges.

(2) Territories and freely associated States

The report shall include description of -

(A) efforts made by colleges, universities, associations,

institutions, and alliances in United States territories and

freely associated States to develop the expertise necessary to

be designated as a sea grant institute or sea grant college;

(B) the administrative, technical, and financial assistance

provided by the Secretary to those entities seeking to be

designated; and

(C) the additional actions or activities necessary for those

entities to meet the qualifications for such designation under

subsection (a)(1) of this section.

-SOURCE-

(Pub. L. 89-454, title II, Sec. 207, as added Pub. L. 94-461, Sec.

2, Oct. 8, 1976, 90 Stat. 1966; amended Pub. L. 100-220, title III,

Sec. 3104(b)(1)(E), Dec. 29, 1987, 101 Stat. 1470; Pub. L. 105-160,

Sec. 7, Mar. 6, 1998, 112 Stat. 24; Pub. L. 107-299, Sec. 8, Nov.

26, 2002, 116 Stat. 2348.)

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-299 added subsec. (e).

1998 - Pub. L. 105-160 amended section catchline and text

generally. Prior to amendment text consisted of subsecs. (a) to (c)

relating to authorization of the Secretary to designate sea grant

college and sea grant regional consortia with certain

prerequisites, requirement of regulations to prescribe

qualifications and guidelines, and authorization of the Secretary

to suspend or terminate any designation.

1987 - Subsec. (a)(2)(A), (3)(A), (B). Pub. L. 100-220

substituted "ocean, coastal, and Great Lakes resources" for "ocean

and coastal resources".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1122, 1123, 1126 of this

title.

-End-

-CITE-

33 USC Sec. 1127 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-HEAD-

Sec. 1127. Fellowships

-STATUTE-

(a) In general

To carry out the educational and training objectives of this

subchapter, the Secretary shall support a program of fellowships

for qualified individuals at the graduate and post-graduate level.

The fellowships shall be related to ocean, coastal, and Great Lakes

resources and awarded pursuant to guidelines established by the

Secretary. The Secretary shall strive to ensure equal access for

minority and economically disadvantaged students to the program

carried out under this subsection. Not later than 1 year after

November 26, 2002, and every 2 years thereafter, the Secretary

shall submit a report to the Congress describing the efforts by the

Secretary to ensure equal access for minority and economically

disadvantaged students to the program carried out under this

subsection, and the results of such efforts.

(b) Dean John A. Knauss Marine Policy Fellowship

The Secretary may award marine policy fellowships to support the

placement of individuals at the graduate level of education in

fields related to ocean, coastal and Great Lakes resources in

positions with the executive and legislative branches of the United

States Government. A fellowship awarded under this subsection shall

be for a period of not more than 1 year.

-SOURCE-

(Pub. L. 89-454, title II, Sec. 208, as added Pub. L. 94-461, Sec.

2, Oct. 8, 1976, 90 Stat. 1966; amended Pub. L. 100-66, Sec. 3,

July 10, 1987, 101 Stat. 384; Pub. L. 100-220, title III, Sec.

3107, Dec. 29, 1987, 101 Stat. 1472; Pub. L. 102-186, Sec.

4(b)(1)(C), (D), Dec. 4, 1991, 105 Stat. 1283; Pub. L. 105-160,

Sec. 4(b)(2), Mar. 6, 1998, 112 Stat. 22; Pub. L. 107-299, Sec. 5,

Nov. 26, 2002, 116 Stat. 2346.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (a), was in the original

"this Act" and was translated as reading "this title" meaning title

II of Pub. L. 89-454, which enacted this subchapter, to reflect the

probable intent of Congress.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-299, Sec. 5(a), inserted at end

"The Secretary shall strive to ensure equal access for minority and

economically disadvantaged students to the program carried out

under this subsection. Not later than 1 year after November 26,

2002, and every 2 years thereafter, the Secretary shall submit a

report to the Congress describing the efforts by the Secretary to

ensure equal access for minority and economically disadvantaged

students to the program carried out under this subsection, and the

results of such efforts."

Subsec. (c). Pub. L. 107-299, Sec. 5(b), struck out heading and

text of subsec. (c). Text read as follows: "The Secretary shall

establish and administer a program of postdoctoral fellowships to

accelerate research in critical subject areas. The fellowship

awards -

"(1) shall be for 2 years;

"(2) may be renewed once for not more than 2 years;

"(3) shall be awarded on a nationally competitive basis;

"(4) may be used at any institution of post-secondary education

involved in the national sea grant college program;

"(5) shall be for up to 100 percent of the total cost of the

fellowship; and

"(6) may be made to recipients of terminal professional

degrees, as well as doctoral degree recipients."

1998 - Pub. L. 105-160 substituted "Secretary" for "Under

Secretary" in subsec. (a) in two places and in subsecs. (b) and

(c).

1991 - Subsec. (c)(5) to (7). Pub. L. 102-186 inserted "and"

after semicolon at end of par. (5), redesignated par. (7) as (6),

and struck out former par. (6) which read as follows: "may be made

for any of the priority areas of research identified in the sea

grant strategic research plan in effect under section 1125 of this

title; and".

1987 - Subsec. (a). Pub. L. 100-220 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "The

Secretary shall support a sea grant fellowship program to provide

educational and training assistance to qualified individuals at the

undergraduate and graduate levels of education in fields related to

ocean and coastal resources. Such fellowships shall be awarded

pursuant to guidelines established by the Secretary. Except as

provided in subsection (b) of this section, sea grant fellowships

may only be awarded by sea grant colleges, sea grant regional

consortia, institutions of higher education, and professional

associations and institutes."

Pub. L. 100-66, Sec. 3(1), substituted "Except as provided in

subsection (b) of this section, sea" for "Sea".

Subsec. (b). Pub. L. 100-220 amended subsec. (b) generally. Prior

to amendment, subsec. (b) read as follows:

"(1) As part of the sea grant fellowship program, the Secretary

may award sea grant fellowships to support the placement of

qualified individuals in positions with the executive and

legislative branches of the United States Government. No fellowship

may be awarded under this paragraph for a period exceeding one

year.

"(2) For purposes of this subsection, the term 'qualified

individual' means an individual at the graduate level of education

in fields related to ocean and coastal resources."

Pub. L. 100-66, Sec. 3(2), (3), added subsec. (b) and

redesignated former subsec. (b) as (c).

Subsec. (c). Pub. L. 100-220 amended subsec. (c) generally. Prior

to amendment, subsec. (c) read as follows: "The total amount which

may be provided for grants under the sea grant fellowship program

during any fiscal year shall not exceed an amount equal to 5

percent of the total funds appropriated for such year pursuant to

section 1131 of this title."

Pub. L. 100-66, Sec. 3(2), redesignated former subsec. (b) as

(c).

EFFECTIVE DATE OF 1987 AMENDMENT

Section 4 of Pub. L. 100-66 provided that: "The amendment made by

section 3 [amending this section] shall take effect January 1,

1978."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1123 of this title.

-End-

-CITE-

33 USC Sec. 1128 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-HEAD-

Sec. 1128. Sea grant review panel

-STATUTE-

(a) Establishment

There shall be established an independent committee to be known

as the sea grant review panel.

(b) Duties

The panel shall advise the Secretary and the Director concerning

-

(1) applications or proposals for, and performance under,

grants and contracts awarded under section 1124 of this title;

(2) the sea grant fellowship program;

(3) the designation and operation of sea grant colleges and sea

grant institutes, and the operation of sea grant programs;

(4) the formulation and application of the planning guidelines

and priorities under section 1123(a) and (c)(1) of this title;

and

(5) such other matters as the Secretary refers to the panel for

review and advice.

The Secretary shall make available to the panel such information,

personnel, and administrative services and assistance as it may

reasonably require to carry out its duties.

(c) Membership, terms, and powers

(1) The panel shall consist of 15 voting members who shall be

appointed by the Secretary. The Director and a director of a sea

grant program who is elected by the various directors of sea grant

programs shall serve as nonvoting members of the panel. Not less

than 8 of the voting members of the panel shall be individuals who,

by reason of knowledge, experience, or training, are especially

qualified in one or more of the disciplines and fields included in

marine science. The other voting members shall be individuals who,

by reason of knowledge, experience, or training, are especially

qualified in, or representative of, education, marine affairs and

resource management, extension services, State government,

industry, economics, planning, or any other activity which is

appropriate to, and important for, any effort to enhance the

understanding, assessment, development, utilization, or

conservation of ocean, coastal, and Great Lakes resources. No

individual is eligible to be a voting member of the panel if the

individual is (A) the director of a sea grant college or sea grant

institute; (B) an applicant for, or beneficiary (as determined by

the Secretary) of, any grant or contract under section 1124 of this

title; or (C) a full-time officer or employee of the United States.

(2) The term of office of a voting member of the panel shall be 3

years for a member appointed before November 26, 2002, and 4 years

for a member appointed or reappointed after November 26, 2002. The

Director may extend the term of office of a voting member of the

panel appointed before November 26, 2002, by up to 1 year. At least

once each year, the Secretary shall publish a notice in the Federal

Register soliciting nominations for membership on the panel.

(3) Any individual appointed to a partial or full term may be

reappointed for one additional full term. A voting member may serve

after the date of the expiration of the term of office for which

appointed until his or her successor has taken office.

(4) The panel shall select one voting member to serve as the

Chairman and another voting member to serve as the Vice Chairman.

The Vice Chairman shall act as Chairman in the absence or

incapacity of the Chairman.

(5) Voting members of the panel shall -

(A) receive compensation at a rate established by the

Secretary, not to exceed the maximum daily rate payable under

section 5376 of title 5, when actually engaged in the performance

of duties for such panel; and

(B) be reimbursed for actual and reasonable expenses incurred

in the performance of such duties.

(6) The panel shall meet on a biannual basis and, at any other

time, at the call of the Chairman or upon the request of a majority

of the voting members or of the Director.

(7) The panel may exercise such powers as are reasonably

necessary in order to carry out its duties under subsection (b) of

this section.

-SOURCE-

(Pub. L. 89-454, title II, Sec. 209, as added Pub. L. 94-461, Sec.

2, Oct. 8, 1976, 90 Stat. 1967; amended Pub. L. 96-289, Sec. 1(5),

June 28, 1980, 94 Stat. 605; Pub. L. 100-220, title III, Secs.

3104(b)(1)(F), 3108, Dec. 29, 1987, 101 Stat. 1471, 1473; Pub. L.

102-186, Secs. 4(b)(1)(E), (F), 5(b)(2), Dec. 4, 1991, 105 Stat.

1283, 1284; Pub. L. 105-160, Secs. 4(b)(1), 8, Mar. 6, 1998, 112

Stat. 22, 25; Pub. L. 107-299, Sec. 6, Nov. 26, 2002, 116 Stat.

2346.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c)(2). Pub. L. 107-299 inserted first and second

sentences and struck out former first sentence which read as

follows: "The term of office of a voting member of the panel shall

be 3 years, except that of the original appointees, five shall be

appointed for a term of 1 year, five shall be appointed for a term

of 2 years, and five shall be appointed for a term of 3 years."

1998 - Subsec. (a). Pub. L. 105-160, Sec. 8(a), struck out at end

"The panel shall, on the 60th day after October 8, 1976, supersede

the sea grant advisory panel in existence before October 8, 1976."

Subsec. (b). Pub. L. 105-160, Secs. 4(b)(1), 8(b)(1), inserted

heading and in introductory provisions substituted "The panel" for

"The Panel" and struck out ", the Under Secretary," after "the

Secretary".

Subsec. (b)(1). Pub. L. 105-160, Sec. 8(b)(2), struck out "and

section 1124a of this title" before semicolon at end.

Subsec. (b)(3). Pub. L. 105-160, Sec. 8(b)(3), substituted

"institutes" for "regional consortia".

Subsec. (c)(1)(A). Pub. L. 105-160, Sec. 8(c)(1), substituted

"college or sea grant institute" for "college, sea grant regional

consortium, or sea grant program".

Subsec. (c)(5)(A). Pub. L. 105-160, Sec. 8(c)(2), added subpar.

(A) and struck out former subpar. (A) which read as follows:

"receive compensation at the daily rate for GS-18 of the General

Schedule under section 5332 of title 5 when actually engaged in the

performance of duties for such panel; and".

1991 - Subsec. (b)(1). Pub. L. 102-186, Sec. 4(b)(1)(E),

substituted "section 1124" for "sections 1124 and 1125".

Subsec. (c)(1). Pub. L. 102-186, Secs. 4(b)(1)(F), 5(b)(2),

inserted "marine affairs and resource management," after

"education," in fourth sentence and struck out "or 1125" after

"1124" in last sentence.

1987 - Subsec. (b). Pub. L. 100-220, Sec. 3108(1), in

introductory provisions, substituted "The Panel shall advise the

Secretary, the Under Secretary, and the Director concerning - " for

"The panel shall take such steps as may be necessary to review, and

shall advise the Secretary, the Administrator, and the Director

with respect to - ", and in par. (1), inserted "and section 1124a

of this title".

Subsec. (c)(1). Pub. L. 100-220, Secs. 3104(b)(1)(F), 3108(2)(A),

(B), amended second sentence generally, substituted "8" for "five"

in third sentence, and substituted "ocean, coastal, and Great Lakes

resources" for "ocean and coastal resources" in fourth sentence.

Prior to amendment, second sentence read as follows: "The Director

shall serve as a nonvoting member of the panel."

Subsec. (c)(2). Pub. L. 100-220, Sec. 3108(2)(C), inserted at end

"At least once each year, the Secretary shall publish a notice in

the Federal Register soliciting nominations for membership on the

panel."

Subsec. (c)(3). Pub. L. 100-220, Sec. 3108(2)(D), struck out ",

or until 90 days after such date, whichever is earlier" after

"office" at end of second sentence.

1980 - Subsec. (c)(3). Pub. L. 96-289 substituted authorization

for reappointment for one additional full term of an appointee to a

partial or full term for prior authorization for filling vacancies

for remainder of appointee's term and prohibition against status as

a voting member after service of one full term as such voting

member.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1122 of this title.

-End-

-CITE-

33 USC Sec. 1129 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-HEAD-

Sec. 1129. Interagency cooperation

-STATUTE-

Each department, agency, or other instrumentality of the Federal

Government which is engaged in or concerned with, or which has

authority over, matters relating to ocean, coastal, and Great Lakes

resources -

(1) may, upon a written request from the Secretary, make

available, on a reimbursable basis or otherwise any personnel

(with their consent and without prejudice to their position and

rating), service, or facility which the Secretary deems necessary

to carry out any provision of this subchapter;

(2) shall, upon a written request from the Secretary, furnish

any available data or other information which the Secretary deems

necessary to carry out any provision of this subchapter; and

(3) shall cooperate with the Administration and duly authorized

officials thereof.

-SOURCE-

(Pub. L. 89-454, title II, Sec. 210, as added Pub. L. 94-461, Sec.

2, Oct. 8, 1976, 90 Stat. 1968; amended Pub. L. 100-220, title III,

Sec. 3104(b)(1)(G), Dec. 29, 1987, 101 Stat. 1471.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-220 substituted "ocean, coastal, and Great

Lakes resources" for "ocean and coastal resources" in introductory

provisions.

-End-

-CITE-

33 USC Sec. 1130 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-HEAD-

Sec. 1130. Repealed. Pub. L. 102-186, Sec. 5(a), Dec. 4, 1991, 105

Stat. 1283

-MISC1-

Section, Pub. L. 89-454, title II, Sec. 211, as added Pub. L.

94-461, Sec. 2, Oct. 8, 1976, 90 Stat. 1968; amended Pub. L.

95-428, Secs. 2(b), 3(4), Oct. 7, 1978, 92 Stat. 999; Pub. L.

100-220, title III, Sec. 3109, Dec. 29, 1987, 101 Stat. 1473,

authorized grants for graduate programs in marine affairs and

resource management during fiscal years 1988 through 1990.

-End-

-CITE-

33 USC Sec. 1131 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 22 - SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

SUBCHAPTER II - NATIONAL SEA GRANT COLLEGE PROGRAM

-HEAD-

Sec. 1131. Authorization of appropriations

-STATUTE-

(a) Authorization

(1) In general

There are authorized to be appropriated to the Secretary to

carry out this subchapter -

(A) $60,000,000 for fiscal year 2003;

(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

(F) $85,000,000 for fiscal year 2008.

(2) Priority activities

In addition to the amounts authorized under paragraph (1),

there are authorized to be appropriated for each of fiscal years

2003 through 2008 -

(A) $5,000,000 for competitive grants for university research

on the biology and control of zebra mussels and other important

aquatic nonnative species;

(B) $5,000,000 for competitive grants for university research

on oyster diseases, oyster restoration, and oyster-related

human health risks;

(C) $5,000,000 for competitive grants for university research

on the biology, prevention, and forecasting of harmful algal

blooms, including Pfiesteria piscicida; and

(D) $3,000,000 for competitive grants for fishery extension

activities conducted by sea grant colleges or sea grant

institutes to enhance, and not supplant, existing core program

funding.

(b) Limitations

(1) Administration

There may not be used for administration of programs under this

subchapter in a fiscal year more than 5 percent of the lesser of

-

(A) the amount authorized to be appropriated under this

subchapter for the fiscal year; or

(B) the amount appropriated under this subchapter for the

fiscal year.

(2) Use for other offices or programs

Sums appropriated under the authority of subsection (a)(2) of

this section shall not be available for administration of this

subchapter by the National Sea Grant Office, for any other

Administration or department program, or for any other

administrative expenses.

(c) Distribution of funds

In any fiscal year in which the appropriations made under

subsection (a)(1) of this section exceed the amounts appropriated

for fiscal year 2003 for the purposes described in such subsection,

the Secretary shall distribute any excess amounts (except amounts

used for the administration of the sea grant program) to any

combination of the following:

(1) sea grant programs, according to their rating under section

1123(d)(3)(A) of this title;

(2) national strategic investments authorized under section

1123(b)(4) of this title;

(3) a college, university, institution, association, or

alliance for activities that are necessary for it to be

designated as a sea grant college or sea grant institute; and

(4) a sea grant college or sea grant institute designated after

November 26, 2002, but not yet evaluated under section

1123(d)(3)(A) of this title.

(d) Availability of sums

Sums appropriated pursuant to this section shall remain available

until expended.

(e) Reversion of unobligated amounts

The amount of any grant, or portion of a grant, made to a person

under any section of this subchapter that is not obligated by that

person during the first fiscal year for which it was authorized to

be obligated or during the next fiscal year thereafter shall revert

to the Secretary. The Secretary shall add that reverted amount to

the funds available for grants under the section for which the

reverted amount was originally made available.

-SOURCE-

(Pub. L. 89-454, title II, Sec. 212, as added Pub. L. 94-461, Sec.

2, Oct. 8, 1976, 90 Stat. 1968; amended Pub. L. 95-58, Sec. 1, June

29, 1977, 91 Stat. 254; Pub. L. 95-428, Sec. 3(5), Oct. 7, 1978, 92

Stat. 1000; Pub. L. 96-289, Sec. 1(6), June 28, 1980, 94 Stat. 605;

Pub. L. 98-623, title V, Sec. 501(a), Nov. 8, 1984, 98 Stat. 3410;

Pub. L. 100-220, title III, Sec. 3110, Dec. 29, 1987, 101 Stat.

1474; Pub. L. 102-186, Sec. 3, Dec. 4, 1991, 105 Stat. 1282; Pub.

L. 105-160, Sec. 9(a), (b), Mar. 6, 1998, 112 Stat. 26; Pub. L.

107-299, Sec. 7, Nov. 26, 2002, 116 Stat. 2347.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (e), was in the original

"this Act" and was translated as reading "this title" meaning title

II of Pub. L. 89-454, which enacted this subchapter, to reflect the

probable intent of Congress.

-MISC1-

AMENDMENTS

2002 - Subsecs. (a) to (c). Pub. L. 107-299 amended subsecs. (a)

to (c) generally, substituting provisions relating to

authorization, limitations, and distribution of funds for

provisions relating to authorization, program elements, and

priority oyster disease research.

1998 - Subsec. (a). Pub. L. 105-160, Sec. 9(a), inserted heading

and amended text of subsec. (a) generally. Prior to amendment, text

read as follows: "There is authorized to be appropriated to carry

out the provisions of sections 1124 and 1127 of this title, and

section 1124a of this title, an amount -

"(1) for fiscal year 1991, not to exceed $44,398,000;

"(2) for fiscal year 1992, not to exceed $46,014,000;

"(3) for fiscal year 1993, not to exceed $47,695,000;

"(4) for fiscal year 1994, not to exceed $49,443,000; and

"(5) for fiscal year 1995, not to exceed $51,261,000."

Subsec. (b). Pub. L. 105-160, Sec. 9(b), inserted subsec. heading

and amended par. (1) generally. Prior to amendment, par. (1) read

as follows: "There is authorized to be appropriated for

administration of this subchapter, including section 1128 of this

title, by the National Sea Grant Office and the Administration, an

amount -

"(A) for fiscal year 1991, not to exceed $2,500,000;

"(B) for fiscal year 1992, not to exceed $2,600,000;

"(C) for fiscal year 1993, not to exceed $2,700,000;

"(D) for fiscal year 1994, not to exceed $2,800,000; and

"(E) for fiscal year 1995, not to exceed $2,900,000."

1991 - Subsecs. (a) to (c). Pub. L. 102-186 amended subsecs. (a)

to (c) generally. Prior to amendment, subsecs. (a) to (c) read as

follows:

"(a) There is authorized to be appropriated to carry out the

provisions of this subchapter other than sections 1125 and 1130 of

this title, an amount -

"(1) for fiscal year 1988, not to exceed $41,500,000;

"(2) for fiscal year 1989, not to exceed $50,500,000; and

"(3) for fiscal year 1990, not to exceed $51,000,000.

"(b) There is authorized to be appropriated to carry out section

1125 of this title and section 1127(c) of this title, an amount -

"(1) for fiscal year 1988, not to exceed $500,000;

"(2) for fiscal year 1989, not to exceed $5,000,000; and

"(3) for fiscal year 1990, not to exceed $10,000,000.

"(c) There is authorized to be appropriated to carry out section

1130 of this title, an amount -

"(1) for fiscal year 1988, not to exceed $2,000,000;

"(2) for fiscal year 1989, not to exceed $2,500,000; and

"(3) for fiscal year 1990, not to exceed $3,000,000."

1987 - Pub. L. 100-220 amended section generally, substituting

provisions of subsecs. (a) to (e) relating to appropriations

authorizations for fiscal years 1988, 1989, and 1990, for

provisions formerly contained in a single unlettered paragraph

relating to appropriations authorizations for fiscal years 1978 to

1983 and 1985 to 1987.

1984 - Par. (4). Pub. L. 98-623 added par. (4).

1980 - Par. (3). Pub. L. 96-289 added par. (3).

1978 - Pub. L. 95-428 substituted appropriations authorization of

$50,000,000 for fiscal years 1977, and 1978, for prior $50,000,000

authorization for fiscal years ending Sept. 30, 1977, and 1978, and

authorized appropriation of $55,000,000 for fiscal years 1979 and

1980.

1977 - Pub. L. 95-58 substituted "each of the fiscal years ending

September 30, 1977, and September 30, 1978" for "the fiscal year

ending September 30, 1977".

NOTICE OF REPROGRAMMING

Pub. L. 105-160, Sec. 9(c), Mar. 6, 1998, 112 Stat. 26, provided

that: "If any funds authorized by this section are subject to a

reprogramming action that requires notice to be provided to the

Appropriations Committees of the House of Representatives and the

Senate, notice of such action shall concurrently be provided to the

Committees on Science and Resources of the House of Representatives

and the Committee on Commerce, Science, and Transportation of the

Senate."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1124 of this title.

-End-