16 U.S.C. § 1447b — Regional Marine Research Boards

Page 1868 TITLE 16—CONSERVATION § 1447 1 So in original. Probably should be capitalized. 1 So in original. Probably should be capitalized. arship in marine biology, oceanography, or mar- itime archaeology, particularly by women and members of minority groups, and encourage independent graduate level research in such fields of study. (c) Award Each Dr. Nancy Foster Scholarship award— (1) shall be used to support a candidate’s graduate studies in marine biology, oceanog- raphy, or maritime archaeology at a spon- soring institution; and (2) shall be made available to individual can- didates in accordance with guidelines issued by the Secretary. (d) Distribution of funds The amount of each Dr. Nancy Foster Scholar- ship shall be provided directly to each recipient selected by the Secretary upon receipt of certifi- cation that the recipient will adhere to a spe- cific and detailed plan of study and research ap- proved by the sponsoring institution. (e) Funding The Secretary shall make 1 percent of the amount appropriated each fiscal year to carry out the National Marine Sanctuaries Act [16 U.S.C. 1431 et seq.] available for Dr. Nancy Fos- ter Scholarships. (f) Scholarship repayment requirement Repayment of the award shall be made to the Secretary in the case of fraud or noncompliance. (Pub. L. 106–553, § 1(a)(2) [title II, § 210], Dec. 21, 2000, 114 Stat. 2762, 2762A–79.) Editorial Notes REFERENCES IN TEXT The National Marine Sanctuaries Act, referred to in subsec. (e), is title III of Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1061, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1431 of this title and Tables. CODIFICATION For similar provisions relating to the Dr. Nancy Fos- ter Scholarship Program, see section 1445c of this title. Section was enacted as part of the Department of Commerce and Related Agencies Appropriations Act, 2001, and also as part of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, and not as part of the Na- tional Marine Sanctuaries Act which comprises this chapter. CHAPTER 32A—REGIONAL MARINE RESEARCH PROGRAMS Sec. 1447. Purposes. 1447a. Definitions. 1447b. Regional Marine Research Boards. 1447c. Regional research plans. 1447d. Research grant program. 1447e. Report on research program. 1447f. Authorization of appropriations. § 1447. Purposes The purpose of this chapter is to establish re- gional research programs, under effective Fed- eral oversight, to— (1) set priorities for regional marine and coastal research in support of efforts to safe- guard the water quality and ecosystem health of each region; and (2) carry out such research through grants and improved coordination. (Pub. L. 92–532, title IV, § 401, as added Pub. L. 101–593, title III, § 301, Nov. 16, 1990, 104 Stat. 2963.) § 1447a. Definitions As used in this chapter, the term— (1) ‘‘Board’’ means any Regional Marine Re- search board 1 established pursuant to section 1447b(a) of this title; (2) ‘‘Federal agency’’ means any department, agency, or other instrumentality of the Fed- eral Government, including any independent agency or establishment of the Federal Gov- ernment and any government corporation; (3) ‘‘local government’’ means any city, town, borough, county, parish, district, or other public body which is a political subdivi- sion of a State and which is created pursuant to State law; (4) ‘‘marine and coastal waters’’ means estu- aries, waters of the estuarine zone, including wetlands, any other waters seaward of the his- toric height of tidal influence, the territorial seas, the contiguous zone, and the ocean; (5) ‘‘nonprofit organization’’ means any or- ganization, association, or institution de- scribed 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 de- scribed 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 Mar- iana Islands. (Pub. L. 92–532, title IV, § 402, as added Pub. L. 101–593, title III, § 301, Nov. 16, 1990, 104 Stat. 2963.) Executive Documents 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. § 1447b. Regional Marine Research Boards (a) Establishment A Regional Marine Research board 1 shall be established for each of the following regions: (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, com- prised 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 Page 1869 TITLE 16—CONSERVATION § 1447b 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 Flor- ida 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 ma- rine and coastal waters off the State of Alas- ka; and (9) insular Pacific region, comprised of the marine and coastal waters off the State of Ha- waii, Guam, American Samoa, and the Com- monwealth of the Northern Mariana Islands. The Great Lakes Research Office authorized under section 1268(d) of title 33 shall be respon- sible 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 mem- bers 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; 1 (B) 2 members shall be appointed by the Administrator of the Environmental Protec- tion Agency; and (C) 6 members shall be appointed by Gov- ernors 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, coast- al zone management, fishery management, water quality management, State and local government, or any other area which is di- rectly 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 re- search 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 man- ner and in accordance with the same require- ments as the member being replaced and shall serve the remainder of the term of the re- placed 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 ac- cordance with section 5703 of title 5, when en- gaged in the actual performance of Board du- ties. (c) Functions Each Board shall, in accordance with the pro- visions of this chapter— (1) develop and submit to the Administrators of the National Oceanic and Atmospheric Ad- ministration and the Environmental Protec- tion 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 re- search plans by affected users and interests, such as the commercial and recreational fish- ing industries, other marine industries, State and local government entities, and environ- mental organizations; (4) ensure that the highest quality of re- search 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 re- gion 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 institu- tions, laboratories, and organizations, or other appropriate persons, in the preparation and support of marine research in the region; (2) enter into contracts, cooperative agree- ments or grants to State and local govern- mental entities, other public agencies or insti- tutions, and non-profit institutions and orga- nizations for purposes of carrying out the pro- visions of this chapter; (3) collect and make available through publi- cations and other appropriate means, the re- sults of, and other information pertaining to, the research conducted in the region; (4) call conferences on regional marine re- search and assessment issues, giving oppor- tunity 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 re- search projects with foreign nations; (6) utilize facilities and personnel of existing Federal agencies, including scientific labora- tories and research facilities; (7) accept, and for all general purposes of this Act, utilize funds from other sources, in- cluding but not limited to State and local funds, university funds, and donations; and Page 1870 TITLE 16—CONSERVATION § 1447c 1 See References in Text note below. (8) acquire secret processes, inventions, pat- ent applications, patents, licenses, and prop- erty rights, by purchase, license, lease, or do- nation. (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 ad- ministrative capability to the extent prac- ticable. (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. (Pub. L. 92–532, title IV, § 403, as added Pub. L. 101–593, title III, § 301, Nov. 16, 1990, 104 Stat. 2964.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d)(7), means Pub. L. 92–532, which enacted this chapter, chapter 32 (§ 1431 et seq.) of this title, and chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et seq.) of Title 33, Navigation and Navigable Wa- ters. § 1447c. Regional research plans (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 condi- tions, but no less frequently than once every 4 years. (2) Review and consideration of national plan In the development and amendment of its re- search plan, the Board shall consider findings and recommendations of the national plan de- veloped pursuant to the National Ocean Pollu- tion Planning Act of 1978 (33 U.S.C. 1701 et seq.).1 (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 condi- tions; (2) a comprehensive inventory and descrip- tion 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 ma- rine research needs and priorities applicable to the marine and coastal waters of the region over the upcoming 10-year period with empha- sis on the upcoming 3-to-5 year period; (4) an assessment of how the plan will incor- porate existing marine, coastal, and estuarine research and management in the region, in- cluding 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 prior- ities specified in the plan in accordance with paragraph (3). (c) Plan review and approval (1) In general When a Board has developed a marine re- search plan, including amendments thereto, the Board shall submit the plan to the Admin- istrator of the National Oceanic and Atmos- pheric Administration and the Administration of the Environmental Protection Agency, who shall jointly determine whether the plan meets the requirements of subsection (b). (2) Time for approval or disapproval The Administrator of the National Oceanic and Atmospheric Administration and the Ad- ministrator of the Environmental Protection Agency, shall jointly approve or disapprove such research plan within 120 days after re- ceiving the plan. (3) Action after disapproval In the case of disapproval of such research plan, the Administrator of the National Oce- anic and Atmospheric Administration and the Administrator of the Environmental Protec- tion Agency shall jointly notify the appro- priate 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. (Pub. L. 92–532, title IV, § 404, as added Pub. L. 101–593, title III, § 301, Nov. 16, 1990, 104 Stat. 2966.) Editorial Notes 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, which was classified generally to chapter 31 (§ 1701 et seq.) of Title 33, Navigation and Navigable Waters, and was repealed by Pub. L. 102–567, title II, § 204, Oct. 29, 1992, 106 Stat. 4282. § 1447d. Research grant program (a) Program administration The Administrator of the National Oceanic and Atmospheric Administration shall admin- ister a grant program to support the administra- tive functions of each Board. (b) Research grants (1) Each Board may annually submit a grant application to the Administrator of the National