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16 USC CHAPTER 32A - REGIONAL MARINE RESEARCH PROGRAMS 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 32A - REGIONAL MARINE RESEARCH PROGRAMS

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CHAPTER 32A - REGIONAL MARINE RESEARCH PROGRAMS

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Sec.

1447. Purposes.

1447a. Definitions.

1447b. Regional Marine Research Boards.

(a) Establishment.

(b) Membership.

(c) Functions.

(d) Powers.

(e) Administration.

(f) Termination.

1447c. Regional research plans.

(a) Development and amendment of regional plans.

(b) Contents of plan.

(c) Plan review and approval.

1447d. Research grant program.

(a) Program administration.

(b) Research grants.

(c) Review and approval of project proposals.

(d) Reporting.

1447e. Report on research program.

(a) Preparation and submission of report.

(b) Transmittal to Congress.

1447f. Authorization of appropriations.

(a) In general.

(b) Allocation.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 33 section 2803.

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16 USC Sec. 1447 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 32A - REGIONAL MARINE RESEARCH PROGRAMS

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Sec. 1447. Purposes

-STATUTE-

The purpose of this chapter is to establish regional research

programs, under effective Federal oversight, to -

(1) set priorities for regional marine and coastal research in

support of efforts to safeguard the water quality and ecosystem

health of each region; and

(2) carry out such research through grants and improved

coordination.

-SOURCE-

(Pub. L. 92-532, title IV, Sec. 401, as added Pub. L. 101-593,

title III, Sec. 301, Nov. 16, 1990, 104 Stat. 2963.)

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16 USC Sec. 1447a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 32A - REGIONAL MARINE RESEARCH PROGRAMS

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Sec. 1447a. Definitions

-STATUTE-

As used in this chapter, the term -

(1) ''Board'' means any Regional Marine Research board

(FOOTNOTE 1) established pursuant to section 1447b(a) of this

title;

(FOOTNOTE 1) So in original. Probably should be capitalized.

(2) ''Federal agency'' means any department, agency, or other

instrumentality of the Federal Government, including any

independent agency or establishment of the Federal Government and

any government corporation;

(3) ''local government'' means any city, town, borough, county,

parish, district, or other public body which is a political

subdivision of a State and which is created pursuant to State

law;

(4) ''marine and coastal waters'' means estuaries, waters of

the estuarine zone, including wetlands, any other waters seaward

of the historic height of tidal influence, the territorial seas,

the contiguous zone, and the ocean;

(5) ''nonprofit organization'' means any organization,

association, or institution described in section 501(c)(3) of

title 26 which is exempt from taxation pursuant to section 501(a)

of title 26;

(6) ''region'' means 1 of the 9 regions described in section

1447b(a) of this title; and

(7) ''State'' means a State, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern Mariana Islands.

-SOURCE-

(Pub. L. 92-532, title IV, Sec. 402, as added Pub. L. 101-593,

title III, Sec. 301, Nov. 16, 1990, 104 Stat. 2963.)

-EXEC-

TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES

For extension of territorial sea and contiguous zone of United

States, see Proc. No. 5928 and Proc. No. 7219, respectively, set

out as notes under section 1331 of Title 43, Public Lands.

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16 USC Sec. 1447b 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 32A - REGIONAL MARINE RESEARCH PROGRAMS

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Sec. 1447b. Regional Marine Research Boards

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(a) Establishment

A Regional Marine Research board (FOOTNOTE 1) shall be

established for each of the following regions:

(FOOTNOTE 1) So in original. Probably should be capitalized.

(1) the Gulf of Maine region, comprised of the marine and

coastal waters off the State of Maine, New Hampshire, and

Massachusetts (north of Cape Cod);

(2) the greater New York bight region, comprised of the marine

and coastal waters off the States of Massachusetts (south of Cape

Cod), Rhode Island, Connecticut, New York, and New Jersey, from

Cape Cod to Cape May;

(3) the mid-Atlantic region, comprised of the marine and

coastal waters off the States of New Jersey, Delaware, Maryland,

Virginia, and North Carolina, from Cape May to Cape Fear;

(4) the South Atlantic region, comprised of the marine and

coastal waters off the States of North Carolina, South Carolina,

Georgia, and Florida, from Cape Fear to the Florida Keys,

including the marine and coastal waters off Puerto Rico and the

United States Virgin Islands;

(5) the Gulf of Mexico region, comprised of the marine and

coastal waters off the States of Florida, Alabama, Mississippi,

Louisiana, and Texas, along the Gulf coast from the Florida Keys

to the Mexican border;

(6) the California region, comprised of the marine and coastal

waters off the State of California, from Point Reyes to the

Mexican border;

(7) the North Pacific region, comprised of the marine and

coastal waters off the States of California, Oregon, and

Washington, from Point Reyes to the Canadian border;

(8) the Alaska region, comprised of the marine and coastal

waters off the State of Alaska; and

(9) insular Pacific region, comprised of the marine and coastal

waters off the State of Hawaii, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands.

The Great Lakes Research Office authorized under section 1268(d) of

title 33 shall be responsible for research in the Great Lakes

region and shall be considered the Great Lakes counterpart to the

research program established pursuant to this chapter.

(b) Membership

(1) Composition

Each Board shall be comprised of 11 members of which -

(A) 3 members shall be appointed by the Administrator of the

National Oceanic and Atmospheric Administration, including 1

member who shall be a Sea Grant Program Director from a State

within such region, who shall serve as chairman of the board;

(FOOTNOTE 1)

(B) 2 members shall be appointed by the Administrator of the

Environmental Protection Agency; and

(C) 6 members shall be appointed by Governors of States

located within the region.

(2) Qualifications

Each individual appointed as a member of a Board shall possess

expertise, pertinent to the region concerned, in scientific

research, coastal zone management, fishery management, water

quality management, State and local government, or any other area

which is directly relevant to the functions of the Board. A

majority of the members of each Board shall be trained in a field

of marine or aquatic science and shall be currently engaged in

research or research administration.

(3) Terms

Each appointed member of a Board shall serve for a term of 4

years.

(4) Vacancies

In the event of a vacancy, a replacement member shall be

appointed in the same manner and in accordance with the same

requirements as the member being replaced and shall serve the

remainder of the term of the replaced member.

(5) Reimbursement of expenses

Each appointed member of a Board may be paid actual travel

expenses, and per diem in lieu of subsistence expenses when away

from the member's usual place of residence, in accordance with

section 5703 of title 5, when engaged in the actual performance

of Board duties.

(c) Functions

Each Board shall, in accordance with the provisions of this

chapter -

(1) develop and submit to the Administrators of the National

Oceanic and Atmospheric Administration and the Environmental

Protection Agency a marine research plan, including periodic

amendments thereto, that meets the requirements of section 1447c

of this title;

(2) provide a forum for coordinating research among research

institutions and agencies;

(3) provide for review and comment on research plans by

affected users and interests, such as the commercial and

recreational fishing industries, other marine industries, State

and local government entities, and environmental organizations;

(4) ensure that the highest quality of research projects will

be conducted to carry out the comprehensive plan; and

(5) prepare, for submission to Congress, a periodic report on

the marine environmental research issues and activities within

the region in accordance with section 1447e of this title.

(d) Powers

Each Board shall be authorized to -

(1) cooperate with Federal agencies, with States and with local

government entities, interstate and regional agencies, other

public agencies and authorities, nonprofit institutions,

laboratories, and organizations, or other appropriate persons, in

the preparation and support of marine research in the region;

(2) enter into contracts, cooperative agreements or grants to

State and local governmental entities, other public agencies or

institutions, and non-profit institutions and organizations for

purposes of carrying out the provisions of this chapter;

(3) collect and make available through publications and other

appropriate means, the results of, and other information

pertaining to, the research conducted in the region;

(4) call conferences on regional marine research and assessment

issues, giving opportunity for interested persons to be heard and

present papers at such conferences;

(5) develop and stimulate, in consultation with the Department

of State, joint marine research projects with foreign nations;

(6) utilize facilities and personnel of existing Federal

agencies, including scientific laboratories and research

facilities;

(7) accept, and for all general purposes of this Act, utilize

funds from other sources, including but not limited to State and

local funds, university funds, and donations; and

(8) acquire secret processes, inventions, patent applications,

patents, licenses, and property rights, by purchase, license,

lease, or donation.

(e) Administration

(1) Practices and procedures

Each Board shall determine its organization, and prescribe its

practices and procedures for carrying out its functions under

this chapter. Each Board should use existing research

administrative capability to the extent practicable.

(2) Committees and subcommittees

Each Board shall establish such committees and subcommittees as

are appropriate in the performance of its functions.

(3) Staff and support

Each Board is authorized to hire such staff as are necessary to

carry out the functions of the Board.

(f) Termination

Each Board shall cease to exist on October 1, 1999, unless

extended by Congress.

-SOURCE-

(Pub. L. 92-532, title IV, Sec. 403, as added Pub. L. 101-593,

title III, Sec. 301, Nov. 16, 1990, 104 Stat. 2964.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (d)(7), means Pub. L. 92-532,

which enacted this chapter, chapter 32 (Sec. 1431 et seq.) of this

title, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801 et

seq.) of Title 33, Navigation and Navigable Waters.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1447a, 1447f of this

title.

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16 USC Sec. 1447c 01/06/03

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CHAPTER 32A - REGIONAL MARINE RESEARCH PROGRAMS

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Sec. 1447c. Regional research plans

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(a) Development and amendment of regional plans

(1) In general

Each Board shall develop a comprehensive 4-year marine research

plan for the region for which the Board is responsible, and shall

amend the plan at such times as the Board considers necessary to

reflect changing conditions, but no less frequently than once

every 4 years.

(2) Review and consideration of national plan

In the development and amendment of its research plan, the

Board shall consider findings and recommendations of the national

plan developed pursuant to the National Ocean Pollution Planning

Act of 1978 (33 U.S.C. 1701 et seq.). (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(b) Contents of plan

Such marine research plan shall include -

(1) an overview of the environmental quality conditions in the

coastal and marine waters of the region and expected trends in

these conditions;

(2) a comprehensive inventory and description of all marine

research related to water quality and ecosystem health expected

to be conducted in the region during the 4-year term of the

research plan;

(3) a statement and explanation of the marine research needs

and priorities applicable to the marine and coastal waters of the

region over the upcoming 10-year period with emphasis on the

upcoming 3-to-5 year period;

(4) an assessment of how the plan will incorporate existing

marine, coastal, and estuarine research and management in the

region, including activities pursuant to section 1330 of title 33

and section 1461 of this title; and

(5) a general description of marine research and monitoring

objectives and timetables for achievement through the funding of

projects under this chapter during the 4-year period covered by

the plan so as to meet the priorities specified in the plan in

accordance with paragraph (3).

(c) Plan review and approval

(1) In general

When a Board has developed a marine research plan, including

amendments thereto, the Board shall submit the plan to the

Administrator of the National Oceanic and Atmospheric

Administration and the Administration of the Environmental

Protection Agency, who shall jointly determine whether the plan

meets the requirements of subsection (b) of this section.

(2) Time for approval or disapproval

The Administrator of the National Oceanic and Atmospheric

Administration and the Administrator of the Environmental

Protection Agency, shall jointly approve or disapprove such

research plan within 120 days after receiving the plan.

(3) Action after disapproval

In the case of disapproval of such research plan, the

Administrator of the National Oceanic and Atmospheric

Administration and the Administrator of the Environmental

Protection Agency shall jointly notify the appropriate Board in

writing, stating in detail the revisions necessary to obtain

approval of the plan. Such Administrators shall approve or

disapprove the revised plan within 90 days after receiving the

revised plan from the Board.

-SOURCE-

(Pub. L. 92-532, title IV, Sec. 404, as added Pub. L. 101-593,

title III, Sec. 301, Nov. 16, 1990, 104 Stat. 2966.)

-REFTEXT-

REFERENCES IN TEXT

The National Ocean Pollution Planning Act of 1978, referred to in

subsec. (a)(2), is Pub. L. 95-273, May 8, 1978, 92 Stat. 228, as

amended, which was classified generally to chapter 31 (Sec. 1701 et

seq.) of Title 33, Navigation and Navigable Waters, and was

repealed by Pub. L. 102-567, title II, Sec. 204, Oct. 29, 1992, 106

Stat. 4282.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1447b, 1447d of this

title.

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16 USC Sec. 1447d 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 32A - REGIONAL MARINE RESEARCH PROGRAMS

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Sec. 1447d. Research grant program

-STATUTE-

(a) Program administration

The Administrator of the National Oceanic and Atmospheric

Administration shall administer a grant program to support the

administrative functions of each Board.

(b) Research grants

(1) Each Board may annually submit a grant application to the

Administrator of the National Oceanic and Atmospheric

Administration to fund projects aimed at achieving the research

priorities set forth in each research plan, including amendments

thereto, developed and approved pursuant to section 1447c of this

title.

(2) Projects eligible for funding under this section shall

include research, investigations, studies, surveys, or

demonstrations with respect to -

(A) baseline assessment of marine environmental quality,

including chemical, physical, and biological indicators of

environmental quality;

(B) effects or potential effects of contaminants, including

nutrients, toxic chemicals and heavy metals, on the environment,

including marine and aquatic organisms;

(C) effects of modification of habitats, including coastal

wetlands, seagrass beds and reefs, on the environment, including

marine organisms;

(D) assessment of impacts of pollutant sources and pollutant

discharges into the coastal environment;

(E) transport, dispersion, transformation, and fate and effect

of contaminants in the marine environment;

(F) marine and estuarine habitat assessment and restoration;

(G) methods and techniques for modeling environmental quality

conditions and trends;

(H) methods and techniques for sampling of water, sediment,

marine and aquatic organisms, and demonstration of such methods

and techniques;

(I) the effects on human health and the environment of

contaminants or combinations of contaminants at various levels,

whether natural or anthropogenic, that are found in the marine

environment;

(J) environmental assessment of potential effects of major

coastal and offshore development projects in the region;

(K) assessment of the effects of climate change on marine

resources in the region; and

(L) analysis and interpretation of research data for the

benefit of State and local environmental protection and resource

management agencies in the region.

(3) Grant applications submitted pursuant to this subsection

shall include -

(A) a description of the specific research projects to be

conducted;

(B) identification of the organization responsible for each

project and the principal investigator directing the project;

(C) a budget statement for each project;

(D) a schedule of milestones and interim products for each

research project;

(E) a description of the relationship of the proposed project

to the goals, objectives, and priorities of the research plan for

the region and to other research projects; and

(F) any other information which may be required by the

Administrator.

(c) Review and approval of project proposals

(1) The Administrator of the National Oceanic and Atmospheric

Administration shall review the annual grant application and, with

the concurrence of the Administrator of the Environmental

Protection Agency, approve such grant application with such

conditions as are determined to be appropriate based on peer

reviews conducted pursuant to paragraph (2).

(2) The Administrator of the National Oceanic and Atmospheric

Administration shall develop a system of peer review of grant

applications which shall ensure that only the highest quality

research is approved for funding and that each project is reviewed

by research scientists outside the region concerned.

(d) Reporting

Any recipient of a grant under this section shall report to the

appropriate Board, not later than 18 months after award of the

grant, on the activities of such recipient conducted pursuant to

this subsection. Such report shall include narrative summaries and

technical data in such form as the Administrator of the National

Oceanic and Atmospheric Administration may require.

-SOURCE-

(Pub. L. 92-532, title IV, Sec. 405, as added Pub. L. 101-593,

title III, Sec. 301, Nov. 16, 1990, 104 Stat. 2967.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1447e, 1447f of this

title.

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16 USC Sec. 1447e 01/06/03

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CHAPTER 32A - REGIONAL MARINE RESEARCH PROGRAMS

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Sec. 1447e. Report on research program

-STATUTE-

(a) Preparation and submission of report

Each Board receiving a grant under section 1447d of this title

shall, not later than 2 years after the approval of its

comprehensive plan under section 1447d of this title and at 2-year

intervals thereafter, prepare and submit to the Administrator of

the National Oceanic and Atmospheric Administration and the

Administrator of the Environmental Protection Agency a report

describing -

(1) the findings and conclusions of research projects conducted

in the region;

(2) recommendations for improvements in the design or

implementation of programs for the protection of the marine

environment; and

(3) available data and information concerning ecosystem health

within the region.

(b) Transmittal to Congress

Upon receipt of a report prepared by a Board under subsection (a)

of this section, the Administrator of the National Oceanic and

Atmospheric Administration and the Administrator of the

Environmental Protection Agency shall transmit a copy of such

report to the Committees on Commerce, Science, and Transportation

and on Environment and Public Works of the Senate and to the

Committee on Merchant Marine and Fisheries of the House of

Representatives.

-SOURCE-

(Pub. L. 92-532, title IV, Sec. 406, as added Pub. L. 101-593,

title III, Sec. 301, Nov. 16, 1990, 104 Stat. 2969.)

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Science of

House of Representatives in case of provisions relating to marine

research by section 1(b)(3) of Pub. L. 104-14, set out as a note

preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1447b of this title.

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16 USC Sec. 1447f 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 32A - REGIONAL MARINE RESEARCH PROGRAMS

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Sec. 1447f. Authorization of appropriations

-STATUTE-

(a) In general

For purposes of carrying out the provisions of this chapter,

there are authorized to be appropriated $18,000,000 for each of the

fiscal years 1992 through 1996.

(b) Allocation

(1) Of funds appropriated in any fiscal year, not more than

$500,000 shall be reserved for administration of this chapter by

the National Oceanic and Atmospheric Administration and the

Environmental Protection Agency.

(2) Funds appropriated in a fiscal year which are available after

allocation pursuant to paragraph (1), shall be used to support the

administrative costs of Boards established pursuant to section

1447b(a) of this title, provided that such funding does not exceed

$300,000 for each research Board in each fiscal year.

(3) Seventy-five percent of funds appropriated in a fiscal year

available after allocation pursuant to paragraphs (1) and (2),

shall be allocated equally among Boards located in regions

submitting research project grant applications pursuant to section

1447d(b) of this title.

(4) Twenty-five percent of funds appropriated in a fiscal year

available after allocation pursuant to paragraphs (1) and (2),

shall be allocated among Boards located in regions submitting

research project grant applications pursuant to section 1447d(b) of

this title which, in the judgment of the Administrator of the

National Oceanic and Atmospheric Administration, in consultation

with the Administrator of the Environmental Protection Agency,

propose the most needed and highest quality research.

-SOURCE-

(Pub. L. 92-532, title IV, Sec. 407, as added Pub. L. 101-593,

title III, Sec. 301, Nov. 16, 1990, 104 Stat. 2969.)

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