33 U.S.C. § 1953 — NOAA Marine Debris Program

**(a) Establishment of Program** There is established, within the National Oceanic and Atmospheric Administration, a Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris on the economy of the United States, the marine environment, and navigation safety. **(b) Program components** The Under Secretary, acting through the Program and subject to the availability of appropriations, shall— (1) identify, determine sources of, assess, prevent, reduce, and remove marine debris, with a focus on marine debris posing a threat to living marine resources and navigation safety; (2) provide national and regional coordination to assist States, Indian tribes, and regional organizations in the identification, determination of sources, assessment, prevention, reduction, and removal of marine debris; (3) undertake efforts to reduce the adverse impacts of lost and discarded fishing gear on living marine resources and navigation safety, including— (A) research and development of alternatives to gear posing threats to the marine environment and methods for marking gear used in certain fisheries to enhance the tracking, recovery, and identification of lost and discarded gear; and (B) the development of effective nonregulatory measures and incentives to cooperatively reduce the volume of lost and discarded fishing gear and to aid in gear recovery; (4) undertake outreach and education activities for the public and other stakeholders on sources of marine debris, threats associated with marine debris, and approaches to identifying, determining sources of, assessing, preventing, reducing, and removing marine debris and its adverse impacts on the United States economy, the marine environment, and navigation safety, including outreach and education activities through public-private initiatives; (5) develop, in consultation with the Interagency Committee, interagency plans for the timely response to events determined by the Under Secretary to be severe marine debris events, including plans to— (A) coordinate across agencies and with relevant State, tribal, and local governments to ensure adequate, timely, and efficient response; (B) assess the composition, volume, and trajectory of marine debris associated with a severe marine debris event; and (C) estimate the potential impacts of a severe marine debris event, including economic impacts on human health, navigation safety, natural resources, tourism, and livestock, including aquaculture; (6) work to develop outreach and education strategies with other Federal agencies to address sources of marine debris; (7) except for discharges of marine debris from vessels, in consultation with the Department of State and other Federal agencies, promote international action, as appropriate, to reduce the incidence of marine debris, including providing technical assistance to expand waste management systems internationally; and (8) in the case of an event determined to be a severe marine debris event under subsection (c)— (A) assist in the cleanup and response required by the severe marine debris event; or (B) conduct such other activity as the Under Secretary determines is appropriate in response to the severe marine debris event. **(c) Severe marine debris events** At the discretion of the Under Secretary or at the request of the Governor of an affected State, the Under Secretary shall determine whether there is a severe marine debris event. **(d) Grants, cooperative agreements, contracts, and other agreements** (1) **In general** — The Under Secretary, acting through the Program, shall enter into cooperative agreements, contracts, and other agreements and provide financial assistance in the form of grants for projects to accomplish the purpose set forth in [section 1951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1951&num=0&edition=prelim). (2) **Grant cost sharing requirement** (A) *In general* — Except as provided in subparagraphs (B) and (C), Federal funds for any grant under this section may not exceed 50 percent of the total cost of such project. For purposes of this subparagraph, the non-Federal share of project costs may be provided by in-kind contributions and other noncash support. (B) *Waiver* — The Under Secretary may waive all or part of a matching requirement under subparagraph (A) or (C) if the Under Secretary determines that no reasonable means are available through which applicants can meet the matching requirement and the probable benefit of such project outweighs the public interest in such matching requirement. (C) *Severe marine debris events* — Notwithstanding subparagraph (A) and except as provided in subparagraph (B), the Federal share of the cost of an activity carried out under a determination made under subsection (c) shall be— (i) 100 percent of the cost of the activity, for an activity funded wholly by funds made available by a person, including the government of a foreign country, to the Federal Government for the purpose of responding to a severe marine debris event; or (ii) 75 percent of the cost of the activity, for any activity other than an activity funded as described in clause (i). (3) **Amounts paid and services rendered under consent** (A) *Consent decrees and orders* — If authorized by the Under Secretary or the Attorney General, as appropriate, the non-Federal share of the cost of a project carried out under this chapter may include money paid pursuant to, or the value of any in-kind service performed under, an administrative order on consent or judicial consent decree that will remove or prevent marine debris. (B) *Other decrees and orders* — The non-Federal share of the cost of a project carried out under this chapter may not include any money paid pursuant to, or the value of any in-kind service performed under, any other administrative order or court order. (4) **Eligibility** — Any State, local, or Tribal Government whose activities affect research or regulation of marine debris, and any institution of higher education, nonprofit organization, or commercial organization with expertise in a field related to marine debris, is eligible to submit to the Under Secretary a marine debris proposal under the grant program. (5) **Project review and approval** — The Under Secretary shall— (A) review each marine debris project proposal to determine if it meets the grant criteria and supports the goals of this chapter; (B) after considering any written comments and recommendations based on the review, approve or disapprove the proposal; and (C) provide notification of that approval or disapproval to the person who submitted the proposal. (6) **Project reporting** — Each grantee under this section shall provide periodic reports as required by the Under Secretary. Each report shall include all information required by the Under Secretary for evaluating the progress and success in meeting its stated goals, and impact of the grant activities on the marine debris problem. (7) **In-kind contributions** — With respect to any project carried out pursuant to a contract or other agreement entered into under paragraph (1) that is not a cooperative agreement or an agreement to provide financial assistance in the form of a grant, the Under Secretary may contribute on an in-kind basis the portion of the costs of the project that the Under Secretary determines represents the amount of benefit the National Oceanic and Atmospheric Administration derives from the project.