33 U.S.C. § 1122 — Definitions

Page 330 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1122 1 See References in Text note below. 2 So in original. Probably should be capitalized. of this title] may be cited as the ‘National Sea Grant College Program Amendments Act of 2008’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–299, § 1, Nov. 26, 2002, 116 Stat. 2345, pro- vided 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, § 1, Mar. 6, 1998, 112 Stat. 21, provided that: ‘‘This Act [enacting section 1541 of Title 15, Com- merce 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 Pro- gram Reauthorization Act of 1998’.’’ SHORT TITLE OF 1991 AMENDMENT Pub. L. 102–186, § 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 Col- lege Program Authorization Act of 1991’.’’ SHORT TITLE OF 1987 AMENDMENT Pub. L. 100–220, title III, § 3001, Dec. 29, 1987, 101 Stat. 1469, provided that: ‘‘This title [amending this section and sections 1122 to 1131 of this title and enacting pro- visions 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 (§§ 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 Pub. L. 94–461, § 1, Oct. 8, 1976, 90 Stat. 1961, 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, sec- tions 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 Or- ganization and Employees] may be cited as the ‘Sea Grant Program Improvement Act of 1976’.’’ SHORT TITLE Pub. L. 89–454, title II, § 201, as added by Pub. L. 89–688, § 1, Oct. 15, 1966, 80 Stat. 998, and amended by Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1961; Pub. L. 95–428, § 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’.’’ § 1122. Definitions As used in this subchapter— (1) The term ‘‘Administration’’ means the National Oceanic and Atmospheric Adminis- tration. (2) The term ‘‘Director’’ means the Director of the national sea grant college program, ap- pointed pursuant to section 1123(b) 1 of this title. (3) the 2 term ‘‘director of a sea grant col- lege’’ 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 dis- cipline or field, including marine affairs, re- source management, technology, education, or science, which is concerned with or likely to improve the understanding, assessment, devel- opment, management, utilization, or con- servation of ocean, coastal, or Great Lakes re- sources. (5) The term ‘‘institution’’ means any public or private institution of higher education, in- stitute, laboratory, or State or local agency. (6) The term ‘‘includes’’ and variants thereof should be read as if the phrase ‘‘but is not lim- ited 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 contrib- uting to or providing) recreational, scenic, esthetic, biological, habitational, commer- cial, economic, or conservation values; and (D) man-made, tangible, intangible, ac- tual, or potential resources. (9) The term ‘‘Board’’ means the National Sea Grant Advisory Board established under section 1128 of this title. (10) The term ‘‘person’’ means any indi- vidual; any public or private corporation, partnership, or other association or entity (in- cluding any sea grant college, sea grant insti- tute or other institution); or any State, polit- ical subdivision of a State, or agency or officer thereof. (11) The term ‘‘project’’ means any individ- ually described activity in a field related to ocean, coastal, and Great Lakes resources in- volving research, education, training, or ex- tension 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 Page 331 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1122 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 ad- ministered by one or more sea grant colleges or sea grant institutes. (15) The term ‘‘Secretary’’ means the Sec- retary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmos- phere. (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 Com- monwealth of the Mariana Islands, or any other territory or possession of the United States. (Pub. L. 89–454, title II, § 203, as added Pub. L. 89–688, § 1, Oct. 15, 1966, 80 Stat. 999; amended Pub. L. 90–477, § 1(1), Aug. 11, 1968, 82 Stat. 704; Pub. L. 91–349, July 23, 1970, 84 Stat. 448; Pub. L. 93–73, § 1(1), (5), July 10, 1973, 87 Stat. 170; Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1962; Pub. L. 95–428, § 2(b), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96–289, § 1(1), June 28, 1980, 94 Stat. 605; Pub. L. 100–220, title III, § 3104(a), (b)(1)(C), Dec. 29, 1987, 101 Stat. 1470; Pub. L. 102–186, § 5(b)(1), Dec. 4, 1991, 105 Stat. 1284; Pub. L. 102–251, title III, § 307(a), Mar. 9, 1992, 106 Stat. 66; Pub. L. 105–160, § 4(a), Mar. 6, 1998, 112 Stat. 21; Pub. L. 105–174, title III, § 10003, May 1, 1998, 112 Stat. 99; Pub. L. 110–394, §§ 4, 9(a)(4)(B), Oct. 13, 2008, 122 Stat. 4206, 4208.) Editorial Notes REFERENCES IN TEXT Section 1123 of this title, referred to in par. (2), was amended generally by Pub. L. 105–160, § 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). AMENDMENTS 2008—Par. (4). Pub. L. 110–394, § 4(a)(1), inserted ‘‘man- agement,’’ after ‘‘development,’’. Par. (6)(F), (G). Pub. L. 110–394, § 4(b), repealed section 307(a) of Pub. L. 102–251. See 1992 Amendment note below. Par. (9). Pub. L. 110–394, § 9(a)(4)(B), amended par. (9) generally. Prior to amendment, par. (9) read as follows: ‘‘The term ‘panel’ means the sea grant review panel es- tablished under section 1128 of this title.’’ Par. (11). Pub. L. 110–394, § 4(a)(2), substituted ‘‘exten- sion services’’ for ‘‘advisory services’’. Pars. (12), (13). Pub. L. 110–394, § 4(a)(3), made tech- nical amendment to reference in original act which ap- pears in text as reference to ‘‘section 1126 of this title’’, requiring no change in text. 1998—Par. (3). Pub. L. 105–160, § 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, § 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 ma- rine 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 admin- istration) which is concerned with or likely to improve the understanding, assessment, development, utiliza- tion, or conservation of ocean, coastal, and Great Lakes resources.’’ Par. (5). Pub. L. 105–174, § 10003(1), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: ‘‘The term ‘Great Lakes’ includes Lake Cham- plain.’’ Pub. L. 105–160, § 4(a)(3), added par. (5). Former par. (5) redesignated (7). Par. (6). Pub. L. 105–174, § 10003(1), redesignated par. (7) as (6). Former par. (6) redesignated (5). Pub. L. 105–160, § 4(a)(3), added par. (6). Former par. (6) redesignated (8). Par. (7). Pub. L. 105–174, § 10003, redesignated par. (8) as (7), added subpar. (C), and redesignated former sub- pars. (C) to (F) as (D) to (G), respectively. Former par. (7) redesignated (6). Pub. L. 105–160, § 4(a)(3), redesignated par. (5) as (7). Former par. (7) redesignated (9). Pars. (8) to (10). Pub. L. 105–174, § 10003(1), redesig- nated pars. (9) to (11) as (8) to (10), respectively. Former par. (8) redesignated (7). Pub. L. 105–160, § 4(a)(3), redesignated pars. (6) to (8) as (8) to (10), respectively. Former pars. (9) and (10) redes- ignated (11) and (12), respectively. Par. (11). Pub. L. 105–174, § 10003(1), redesignated par. (12) as (11). Former par. (11) redesignated (10). Pub. L. 105–160, § 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, § 10003(1), redesig- nated pars. (13) to (17) as (12) to (16), respectively. Former par. (12) redesignated (11). Pub. L. 105–160, § 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 re- gional consortium’’, ‘‘Secretary’’, ‘‘State’’, and ‘‘Under Secretary’’, respectively. Pub. L. 105–160, § 4(a)(3), redesignated pars. (10) to (15) as (12) to (17), respectively. 1992—Par. (6)(F), (G). Pub. L. 102–251, § 307(a), which directed addition of subpar. (F) and redesignation of former subpar. (F) as (G), was repealed by section 4(b) of Pub. L. 110–394. See Effective Date of 1992 Amend- ment note below. 1991—Par. (4). Pub. L. 102–186 inserted ‘‘marine affairs and resource management,’’ after ‘‘education,’’. 1987—Pars. (2), (3). Pub. L. 100–220, § 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, § 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, § 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 manage- ment 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, § 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, intan- gible, 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, Page 332 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1123 the coastal space, the ecosystems, the nutrient-rich areas, and the other components of the marine environ- ment which contribute to or provide (or which are ca- pable of contributing to or providing) recreational, sce- nic, esthetic, biological, habitational, commercial, eco- nomic, or conservation values. Living resources include natural and cultured plant life, fish, shellfish, marine mammals, and wildlife. Nonliving resources include en- ergy sources, minerals, and chemical substances.’’ Par. (11). Pub. L. 100–220, § 3104(b)(1)(C), substituted ‘‘ocean, coastal, and Great Lakes resources’’ for ‘‘ocean and coastal resources’’. Par. (15). Pub. L. 100–220, § 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 desig- nating Secretary of Commerce as administering au- thority for national sea grant program and authorizing appropriations through fiscal 1976. 1973—Subsec. (a). Pub. L. 93–73, § 1(5), substituted ‘‘Secretary of Commerce’’ and ‘‘Secretary’’ for ‘‘Na- tional Science Foundation’’ and ‘‘Foundation’’, respec- tively. Subsec. (b)(1). Pub. L. 93–73, § 1(1), (5), authorized ap- propriations of $30,000,000; $40,000,000; and $50,000,000 for fiscal years ending June 30, 1974, 1975, and 1976, and sub- stituted ‘‘Secretary’’ for ‘‘Foundation’’. 1970—Subsec. (b)(1). Pub. L. 91–349 authorized appro- priations for fiscal year ending June 30, 1971, not to ex- ceed the sum of $20,000,000, for fiscal year ending June 30, 1972, not to exceed the sum of $25,000,000, and for fis- cal year ending June 30, 1973, not to exceed the sum of $30,000,000. 1968—Subsec. (b)(1). Pub. L. 90–477 authorized appro- priations for fiscal year ending June 30, 1969, not to ex- ceed the sum of $6,000,000, and for fiscal year ending June 30, 1970, not to exceed the sum of $15,000,000. Statutory Notes and Related Subsidiaries 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 imple- menting 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 sec- tion 308 of Pub. L. 102–251, set out as a note under sec- tion 773 of Title 16, Conservation. Executive Documents 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. § 1123. National sea grant college program (a) Program maintenance The Secretary shall maintain within the Ad- ministration a program to be known as the na- tional sea grant college program. The national sea grant college program shall be administered by a national sea grant office within the Admin- istration. (b) Program elements The national sea grant college program shall consist of the financial assistance for research, education, extension, training, technology transfer, and public service and other activities authorized in this subchapter, and shall provide support for the following elements— (1) sea grant programs that comprise a na- tional sea grant college program network, in- cluding international projects conducted with- in such programs and regional and national projects conducted among such programs; (2) administration of the national sea grant college program and this subchapter by the national sea grant office and the Administra- tion; (3) the fellowship program under section 1127 of this title; and (4) any regional or national strategic invest- ments in fields relating to ocean, coastal, and Great Lakes resources developed in consulta- tion with the Board and with the approval of the sea grant colleges and the sea grant insti- tutes. (c) Responsibilities of Secretary (1) The Secretary, in consultation with the Board, sea grant colleges, and sea grant insti- tutes, shall develop at least every 4 years a stra- tegic plan that establishes priorities for the na- tional sea grant college program, provides an appropriately balanced response to local, re- gional, 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) The Secretary, in consultation with the Board, sea grant colleges, and sea grant insti- tutes, shall establish guidelines related to the activities and responsibilities of sea grant col- leges 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 con- tracts to be awarded under section 1124 of this title, providing, at a minimum, for standardized documentation of such proposals and peer re- view 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 sub- chapter, 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 tem- porary 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 Admin- istration and without regard to section 501 of title 44, any information of research, edu- cational, training or other value in fields re- lated to ocean, coastal, or Great Lakes re- sources; (D) enter into contracts, cooperative agree- ments, and other transactions without regard to section 6101 of title 41; (E) accept donations of money and, notwith- standing section 1342 of title 31, of voluntary and uncompensated services; (F) accept funds from other Federal depart- ments and agencies, including agencies within the Administration, to pay for and add to