33 U.S.C. § 1952 — NOAA Marine Debris Program

Page 677 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1952 plicability of Annex V to ships referred to in section 3(b)(1)(A) of the Act to Prevent Pollu- tion from Ships [33 U.S.C. 1902(b)(1)(A)], as may be appropriate with respect to the requirements of Annex V to the Convention. (Pub. L. 100–220, title II, § 2201, Dec. 29, 1987, 101 Stat. 1464; Pub. L. 104–66, title I, § 1121(c), Dec. 21, 1995, 109 Stat. 724; Pub. L. 104–324, title VIII, § 802(a), Oct. 19, 1996, 110 Stat. 3944.) Editorial Notes REFERENCES IN TEXT For effective date of this section, referred to in sub- secs. (a) and (b), see section 2002 of Pub. L. 100–220, set out as an Effective Date of 1987 Amendment note under section 1901 of this title. The Act to Prevent Pollution from Ships, referred to in subsec. (a), is Pub. L. 96–478, Oct. 21, 1980, 94 Stat. 2297, which is classified principally to this chapter (§ 1901 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. CODIFICATION Section was formerly set out as a note under section 1902 of this title. Section was enacted as part of the Marine Plastic Pollution Research and Control Act of 1987 and as part of the United States-Japan Fishery Agreement Ap- proval Act of 1987, and not as part of the Act to Prevent Pollution from Ships which comprises this chapter. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–324 struck out ‘‘for a pe- riod of 6 years’’ after ‘‘triennially thereafter’’ and in- serted ‘‘and, not later than 1 year after October 19, 1996, and annually thereafter, shall publish in the Federal Register a list of the enforcement actions taken against any domestic or foreign ship (including any commercial or recreational ship) pursuant to the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)’’ before period at end. 1995—Subsec. (a). Pub. L. 104–66 substituted ‘‘tri- ennially’’ for ‘‘biennially’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1914. Transferred Section, Pub. L. 100–220, title II, § 2203, Dec. 29, 1987, 101 Stat. 1466; Pub. L. 104–324, title VIII, § 802(b), Oct. 19, 1996, 110 Stat. 3944; Pub. L. 109–449, § 5(a), Dec. 22, 2006, 120 Stat. 3337, was redesignated section 5 of Pub. L. 109–449 and transferred to section 1954 of this title. § 1915. Repealed. Pub. L. 112–213, title VI, § 604(d), Dec. 20, 2012, 126 Stat. 1577 Section, Pub. L. 100–220, title II, § 2204, Dec. 29, 1987, 101 Stat. 1466; Pub. L. 104–324, title VIII, § 802(c), Oct. 19, 1996, 110 Stat. 3945, related to creation of a plastic pol- lution public education program. CHAPTER 33A—MARINE DEBRIS RESEARCH, PREVENTION, AND REDUCTION Sec. 1951. Purpose. Sec. 1952. NOAA Marine Debris Program. 1953. Coast Guard program. 1954. Coordination. 1955. Federal information clearinghouse. 1956. Definitions. 1957. Relationship to Outer Continental Shelf Lands Act. 1958. Authorization of appropriations. 1959. Prioritization of marine debris in existing in- novation and entrepreneurship programs. § 1951. Purpose The purpose of this chapter is to address the adverse impacts of marine debris on the United States economy, the marine environment (in- cluding waters in the jurisdiction of the United States, the high seas, and waters in the jurisdic- tion of other countries), and navigation safety through the identification, determination of sources, assessment, prevention, reduction, and removal of marine debris. (Pub. L. 109–449, § 2, Dec. 22, 2006, 120 Stat. 3333; Pub. L. 112–213, title VI, § 603, Dec. 20, 2012, 126 Stat. 1576; Pub. L. 116–224, title I, § 101(1), Dec. 18, 2020, 134 Stat. 1074.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–224 substituted ‘‘marine environ- ment (including waters in the jurisdiction of the United States, the high seas, and waters in the jurisdiction of other countries),’’ for ‘‘marine environment,’’. 2012—Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: ‘‘The purposes of this chapter are— ‘‘(1) to help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse im- pacts on the marine environment and navigation safety; ‘‘(2) to reactivate the Interagency Marine Debris Coordinating Committee; and ‘‘(3) to develop a Federal marine debris information clearinghouse.’’ Statutory Notes and Related Subsidiaries SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–213, title VI, § 601, Dec. 20, 2012, 126 Stat. 1576, provided that: ‘‘This title [amending this section and sections 1952 to 1956 of this title, transferring sec- tion 1914 of this title to section 1954 of this title, repeal- ing sections 1915 and 1954 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Marine Debris Act Amendments of 2012’.’’ SHORT TITLE Pub. L. 109–449, § 1, Dec. 22, 2006, 120 Stat. 3333, as amended by Pub. L. 112–213, title VI, § 602(a), Dec. 20, 2012, 126 Stat. 1576, provided that: ‘‘This Act [enacting and amending this chapter] may be cited as the ‘Marine Debris Act’.’’ § 1952. NOAA Marine Debris Program (a) Establishment of Program There is established, within the National Oce- anic 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 ma- rine debris on the economy of the United States, the marine environment, and navigation safety. Page 678 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1952 (b) Program components The Administrator, acting through the Pro- gram and subject to the availability of appro- priations, 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 coordina- tion to assist States, Indian tribes, and re- gional organizations in the identification, de- termination of sources, assessment, preven- tion, 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 alter- natives 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 non- regulatory measures and incentives to coop- eratively reduce the volume of lost and dis- carded fishing gear and to aid in gear recov- ery; (4) undertake outreach and education activi- ties for the public and other stakeholders on sources of marine debris, threats associated with marine debris, and approaches to identi- fying, determining sources of, assessing, pre- venting, reducing, and removing marine debris and its adverse impacts on the United States economy, the marine environment, and navi- gation safety, including outreach and edu- cation activities through public-private initia- tives; (5) develop, in consultation with the Inter- agency Committee, interagency plans for the timely response to events determined by the Administrator to be severe marine debris events, including plans to— (A) coordinate across agencies and with relevant State, tribal, and local govern- ments to ensure adequate, timely, and effi- cient 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 se- vere marine debris event, including eco- nomic impacts on human health, navigation safety, natural resources, tourism, and live- stock, including aquaculture; (6) work to develop outreach and education strategies with other Federal agencies to ad- dress sources of marine debris; (7) except for discharges of marine debris from vessels, in consultation with the Depart- ment of State and other Federal agencies, pro- mote international action, as appropriate, to reduce the incidence of marine debris, includ- ing 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 re- quired by the severe marine debris event; or (B) conduct such other activity as the Ad- ministrator determines is appropriate in re- sponse to the severe marine debris event. (c) Severe marine debris events At the discretion of the Administrator or at the request of the Governor of an affected State, the Administrator shall determine whether there is a severe marine debris event. (d) Grants, cooperative agreements, and con- tracts (1) In general The Administrator, acting through the Pro- gram, shall enter into cooperative agreements and contracts and provide financial assistance in the form of grants for projects to accom- plish the purpose set forth in section 1951 of this title. (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 Administrator may waive all or part of the matching requirement under subpara- graph (A) if the Administrator determines that no reasonable means are available through which applicants can meet the matching requirement and the probable ben- efit of such project outweighs the public in- terest in such matching requirement. (C) Severe marine debris events Notwithstanding subparagraph (A), the Federal share of the cost of an activity car- ried 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 re- sponding 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 Administrator 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 Page 679 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1954 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 commer- cial organization with expertise in a field re- lated to marine debris, is eligible to submit to the Administrator a marine debris proposal under the grant program. (5) Project review and approval The Administrator shall— (A) review each marine debris project pro- posal to determine if it meets the grant cri- teria and supports the goals of this chapter; (B) after considering any written com- ments 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 pro- vide periodic reports as required by the Ad- ministrator. Each report shall include all in- formation required by the Administrator for evaluating the progress and success in meet- ing its stated goals, and impact of the grant activities on the marine debris problem. (Pub. L. 109–449, § 3, Dec. 22, 2006, 120 Stat. 3333; Pub. L. 112–213, title VI, § 604(a)–(c), Dec. 20, 2012, 126 Stat. 1576, 1577; Pub. L. 115–265, title I, § 101, Oct. 11, 2018, 132 Stat. 3742.) Editorial Notes AMENDMENTS 2018—Subsec. (b)(6) to (8). Pub. L. 115–265, § 101(1), added pars. (6) to (8). Subsecs. (c), (d). Pub. L. 115–265, § 101(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). Subsec. (d)(2)(A). Pub. L. 115–265, § 101(4)(A), sub- stituted ‘‘subparagraphs (B) and (C)’’ for ‘‘subparagraph (B)’’. Subsec. (d)(2)(C). Pub. L. 115–265, § 101(4)(B), added subpar. (C). 2012—Pub. L. 112–213, § 604(a)(1), struck out ‘‘Preven- tion and Removal’’ before ‘‘Program’’ in section catch- line. Subsec. (a). Pub. L. 112–213, § 604(a)(2), substituted ‘‘Program to identify, determine sources of, assess, pre- vent, reduce, and remove marine debris and address the’’ for ‘‘Prevention and Removal Program to reduce and prevent the occurrence and’’ and ‘‘marine debris on the economy of the United States, the marine environ- ment, and’’ for ‘‘marine debris on the marine environ- ment and’’. Subsec. (b). Pub. L. 112–213, § 604(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) described components of the Marine Debris Prevention and Re- moval Program. Subsec. (c)(1). Pub. L. 112–213, § 604(c)(1), substituted ‘‘section 1951’’ for ‘‘section 1951(1)’’. Subsec. (c)(5) to (7). Pub. L. 112–213, § 604(c)(2), (3), re- designated pars. (6) and (7) as (5) and (6), respectively, and struck out former par. (5) which required the Ad- ministrator to promulgate necessary guidelines for im- plementation of the grant program within 180 days after Dec. 22, 2006. § 1953. Coast Guard program The Commandant of the Coast Guard, in con- sultation with the Interagency Committee, shall— (1) take actions to reduce violations of and improve implementation of MARPOL Annex V and the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) with respect to the dis- card of plastics and other garbage from ves- sels; (2) take actions to cost-effectively monitor and enforce compliance with MARPOL Annex V and the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), including through co- operation and coordination with other Federal and State enforcement programs; (3) take actions to improve compliance with requirements under MARPOL Annex V and section 6 of the Act to Prevent Pollution from Ships (33 U.S.C. 1905) that all United States ports and terminals maintain and monitor the adequacy of receptacles for the disposal of plastics and other garbage, including through promoting voluntary government-industry partnerships; (4) develop and implement a plan, in coordi- nation with industry and recreational boaters, to improve ship-board waste management, in- cluding recordkeeping, and access to waste re- ception facilities for ship-board waste; (5) take actions to improve international co- operation to reduce marine debris; and (6) establish a voluntary reporting program for commercial vessel operators and rec- reational boaters to report incidents of dam- age to vessels and disruption of navigation caused by marine debris, and observed viola- tions of laws and regulations relating to the disposal of plastics and other marine debris. (Pub. L. 109–449, § 4, Dec. 22, 2006, 120 Stat. 3335; Pub. L. 112–213, title VI, § 605, Dec. 20, 2012, 126 Stat. 1578.) Editorial Notes REFERENCES IN TEXT The Act to Prevent Pollution from Ships, referred to in pars. (1) and (2), is Pub. L. 96–478, Oct. 21, 1980, 94 Stat. 2297, which is classified principally to chapter 33 (§ 1901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. AMENDMENTS 2012—Pub. L. 112–213 struck out subsec. (a) designa- tion and heading ‘‘Strategy’’ and struck out subsecs. (b) and (c) which required reports on the Coast Guard’s progress in implementing former subsec. (a) and on the effectiveness of international and national measures to prevent and reduce marine debris and its impact. § 1954. Coordination (a) Establishment of Interagency Marine Debris Coordinating Committee There is established an Interagency Marine Debris Coordinating Committee to coordinate a comprehensive program of marine debris re- search and activities among Federal agencies, in cooperation and coordination with non-govern- mental organizations, industry, universities, and research institutions, States, Indian tribes, and other nations, as appropriate.