33 U.S.C. § 1124 — Program or project grants and contracts

Page 335 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1124 PRIORITIES Pub. L. 116–221, § 4(b), Dec. 18, 2020, 134 Stat. 1058, pro- vided that: ‘‘The Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, shall establish priorities for the use of donations accepted under section 204(c)(4)(E) of the Na- tional Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)), and shall consider among those priorities the possibility of expanding the Dean John A. Knauss Marine Policy Fellowship’s placement of additional fel- lows in relevant legislative offices under section 208(b) of that Act (33 U.S.C. 1127(b)), in accordance with the recommendations under subsection (c) of this section [134 Stat. 1058].’’ REVIEW OF EVALUATION AND RATING PROCESS Pub. L. 107–299, § 3(b)(2), Nov. 26, 2002, 116 Stat. 2346, provided that after 3 years after Nov. 26, 2002, the Sec- retary of Commerce, acting through the Under Sec- retary of Commerce for Oceans and Atmosphere, was to contract with the National Academy of Sciences to re- view the effectiveness of the evaluation and rating sys- tem under this section in determining the relative per- formance of programs of sea grant colleges and sea grant institutes and provided that the National Acad- emy of Sciences would submit a report to the Congress on the findings and recommendations of the panel not later than 4 years after Nov. 26, 2002. NOTICE OF REORGANIZATION Pub. L. 105–160, § 9(d), Mar. 6, 1998, 112 Stat. 27, pro- vided that: ‘‘The Secretary of Commerce shall provide notice to the Committees on Science [now Science, Space, and Technology], Resources [now Natural Re- sources], and Appropriations of the House of Represent- atives 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.’’ § 1124. Program or project grants and contracts (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 Sec- retary finds that such program or project will— (1) implement the objective set forth in sec- tion 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 662⁄3 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 or that are appropriated under section 1127(b) of this title. (b) Special grants; maximum amount; pre- requisites 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 in- volved. No grant may be made under this sub- section unless the Secretary finds that— (1) no reasonable means is available through which the applicant can meet the matching re- quirement for a grant under subsection (a); (2) the probable benefit of such project out- weighs 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). The total amount that may be provided for grants under this subsection during any fiscal year shall not exceed an amount equal to 5 per- cent of the total funds appropriated for such year under section 1131 of this title. (c) Eligibility and procedure Any person may apply to the Secretary for a grant or contract under this section. Applica- tion 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 re- quired information is received. (d) Terms and conditions (1) Any grant made, or contract entered into, under this section shall be subject to the limita- tions and provisions set forth in paragraphs (2), (3), and (4) and to such other terms, conditions, and requirements as the Secretary deems nec- essary or appropriate. Terms, conditions, and re- quirements 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, pres- ervation, or repair of any building, dock, or vessel; except that payment under any such grant or contract may be applied to the short-term rent- al of buildings or facilities for meetings which are in direct support of any sea grant program or project and may, if approved by the Sec- retary, be applied to the purchase, rental, con- struction, 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 sup- port 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 sec- tion 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 dis- close the amount and disposition by such recipi- ent of such proceeds, the total cost of the pro- gram 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 Gen- Page 336 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1124a eral 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 re- ceipts which, in the opinion of the Secretary or of the Comptroller General, may be related or pertinent to such grants and contracts. (Pub. L. 89–454, title II, § 205, as added Pub. L. 89–688, § 1, Oct. 15, 1966, 80 Stat. 1001; amended Pub. L. 93–73, § 1(8), July 10, 1973, 87 Stat. 170; Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1964; Pub. L. 95–428, § 3(2), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96–289, § 1(3), June 28, 1980, 94 Stat. 605; Pub. L. 100–220, title III, § 3105(a), Dec. 29, 1987, 101 Stat. 1471; Pub. L. 102–186, § 4(b)(1)(B), Dec. 4, 1991, 105 Stat. 1283; Pub. L. 107–299, § 4, Nov. 26, 2002, 116 Stat. 2346; Pub. L. 110–394, § 6, Oct. 13, 2008, 122 Stat. 4207.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–394, § 6(1), substituted ‘‘1123(c)(4)(F) of this title or that are appropriated under section 1127(b) of this title.’’ for ‘‘1123(c)(4)(F) of this title.’’ Subsec. (b). Pub. L. 110–394, § 6(2), inserted concluding provisions and struck out former concluding provisions which read as follows: ‘‘The total amount which may be provided for grants under this subsection during any fiscal year shall not exceed an amount equal to 1 per- cent of the total funds appropriated for such year pur- suant to section 1131 of this title.’’ 2002—Subsec. (a). Pub. L. 107–299 substituted ‘‘section 1123(c)(4)(F)’’ for ‘‘section 1123(d)(6)’’ in concluding pro- visions. 1991—Subsec. (b)(3). Pub. L. 102–186 struck out ref- erence 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 re- quirement of prior Federal approval.’’ 1980—Subsec. (d)(2). Pub. L. 96–289 authorized applica- tion 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 coun- tries the results of marine research useful in the explo- ration, development, conservation, and management of marine resources. 1973—Pub. L. 93–73 substituted provisions for study of international marine technology transfer for prior pro- visions respecting advisory functions of National Coun- cil on Marine Resources and Development. § 1124a. Repealed. Pub. L. 105–160, § 6, Mar. 6, 1998, 112 Stat. 24 Section, Pub. L. 94–461, § 3, Oct. 8, 1976, 90 Stat. 1969; Pub. L. 95–58, § 2, June 29, 1977, 91 Stat. 254; Pub. L. 95–428, § 4(2), (3), Oct. 7, 1978, 92 Stat. 1000; Pub. L. 96–289, §§ 2, 3, June 28, 1980, 94 Stat. 605; Pub. L. 98–623, title V, § 501(b), Nov. 8, 1984, 98 Stat. 3410; Pub. L. 100–220, title III, § 3111, Dec. 29, 1987, 101 Stat. 1474; Pub. L. 102–251, title III, § 307(b), Mar. 9, 1992, 106 Stat. 66, related to sea grant international program. § 1125. Repealed. Pub. L. 102–186, § 4(a), Dec. 4, 1991, 105 Stat. 1283 Section, Pub. L. 89–454, title II, § 206, as added Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1965; amended Pub. L. 95–58, § 1, June 29, 1977, 91 Stat. 254; Pub. L. 95–428, § 3(3), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96–289, § 1(4), June 28, 1980, 94 Stat. 605; Pub. L. 100–220, title III, § 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. § 1126. Sea grant colleges and sea grant institutes (a) Designation (1) A sea grant college or sea grant institute shall meet the following qualifications— (A) have an existing broad base of com- petence 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 de- termined by the Secretary; (C) cooperate with other sea grant colleges and institutes and other persons to solve prob- lems 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 re- lated to ocean, coastal, and Great Lakes re- sources (including marine resources manage- ment and science), as determined by the Sec- retary; and (F) meet such other qualifications as the Secretary, in consultation with the Board, considers necessary or appropriate. (2) The Secretary may designate an institu- tion, 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, exten- sion services, training, and education in fields related to ocean, coastal, and Great Lakes re- sources. (3) The Secretary may designate an institu- tion, 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 extension services. (b) Additional designations (1) Notification to Congress of designations (A) In general Not less than 30 days before designating an institution, or an association or alliance of two or more such institutions, as a sea grant college or sea grant institute under sub- section (a), the Secretary shall notify Con- gress in writing of the proposed designation. The notification shall include an evaluation and justification for the designation. (B) Effect of joint resolution of disapproval The Secretary may not designate an insti- tution, or an association or alliance of two or more such institutions, as a sea grant col-