33 U.S.C. § 1123 — National sea grant college program

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 Page 333 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1123 grants made and contracts entered into by the Secretary; and (G) promulgate such rules and regulations as may be necessary and appropriate. (d) Director of National Sea Grant College Pro- gram (1) The Secretary shall appoint, as the Direc- tor of the National Sea Grant College Program, a qualified individual who has appropriate ad- ministrative experience and knowledge or exper- tise in fields related to ocean, coastal, and Great Lakes resources. The Director shall be ap- pointed and compensated, without regard to the provisions of title 5 governing appointments in the competitive service, at a rate payable under section 5376 of title 5. (2) Subject to the supervision of the Secretary, the Director shall administer the national sea grant college program and oversee the operation of the national sea grant office. In addition to any other duty prescribed by law or assigned by the Secretary, the Director shall— (A) facilitate and coordinate the develop- ment of a strategic plan under subsection (c)(1); (B) advise the Secretary with respect to the expertise and capabilities which are available within or through the national sea grant col- lege program and encourage the use of such expertise and capabilities, on a cooperative or other basis, by other offices and activities within the Administration, and other Federal departments and agencies; (C) advise the Secretary on the designation of sea grant colleges and sea grant institutes, and, if appropriate, on the termination or sus- pension of any such designation; and (D) encourage the establishment and growth of sea grant programs, and cooperation and co- ordination with other Federal activities in fields related to ocean, coastal, and Great Lakes resources. (3) With respect to sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects, the Director shall— (A) evaluate and assess the performance of the programs of sea grant colleges and sea grant institutes, using the priorities, guide- lines, and qualifications established by the Secretary under subsection (c), and determine which of the programs are the best managed and carry out the highest quality research, education, extension, and training activities; (B) subject to the availability of appropria- tions, allocate funding among sea grant col- leges, sea grant institutes, sea grant pro- grams, and sea grant projects so as to— (i) promote healthy competition among sea grant colleges and institutes; (ii) encourage collaborations among sea grant colleges and sea grant institutes to ad- dress regional and national priorities estab- lished under subsection (c)(1); (iii) ensure successful implementation of sea grant programs; (iv) to the maximum extent consistent with other provisions of this subchapter, provide a stable base of funding for sea grant colleges and institutes; (v) encourage and promote coordination and cooperation between the research, edu- cation, and outreach programs of the Ad- ministration and those of academic institu- tions; and (vi) encourage cooperation with Minority Serving Institutions to enhance collabo- rative research opportunities and increase the number of such students graduating in NOAA science areas; and (C) ensure compliance with the guidelines for merit review under subsection (c)(2). (Pub. L. 89–454, title II, § 204, as added Pub. L. 89–688, § 1, Oct. 15, 1966, 80 Stat. 999; amended Pub. L. 90–477, § 1(2), Aug. 11, 1968, 82 Stat. 704; Pub. L. 93–73, § 1(2)–(7), July 10, 1973, 87 Stat. 170; Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1963; Pub. L. 95–428, §§ 2(b), 3(1), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96–289, § 1(2), June 28, 1980, 94 Stat. 605; Pub. L. 100–220, title III, §§ 3104(b)(1)(D), (2), (c), 3105(b), Dec. 29, 1987, 101 Stat. 1470, 1471; Pub. L. 102–186, §§ 2, 4(b)(1)(A), Dec. 4, 1991, 105 Stat. 1282, 1283; Pub. L. 105–160, § 5, Mar. 6, 1998, 112 Stat. 22; Pub. L. 107–299, § 3(a), (b)(1), (c), Nov. 26, 2002, 116 Stat. 2345, 2346; Pub. L. 110–394, §§ 5, 9(a)(4)(C)(i), Oct. 13, 2008, 122 Stat. 4206, 4208; Pub. L. 116–221, §§ 4(a), 6, 9(c)(1), 11(1), Dec. 18, 2020, 134 Stat. 1058, 1059, 1061.) Editorial Notes REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (d)(1), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. This subchapter, referred to in subsec. (d)(3)(B)(iv), was in the original ‘‘this Act’’ and was translated as reading ‘‘this title’’ meaning title II of Pub. L. 89–454, which enacted this subchapter, to reflect the probable intent of Congress. CODIFICATION In subsec. (c)(4)(D), ‘‘section 6101 of title 41’’ sub- stituted for ‘‘section 5 of title 41, United States Code’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. AMENDMENTS 2020—Subsec. (b). Pub. L. 116–221, § 6, inserted ‘‘for re- search, education, extension, training, technology transfer, and public service’’ after ‘‘financial assist- ance’’ in introductory provisions. Subsec. (c)(4)(E). Pub. L. 116–221, § 4(a), amended sub- par. (E) generally. Prior to amendment, subpar. (E) read as follows: ‘‘notwithstanding section 1342 of title 31, accept donations and voluntary and uncompensated services;’’. Subsec. (d)(3). Pub. L. 116–221, § 9(c)(1)(A), substituted ‘‘With respect to sea grant colleges, sea grant insti- tutes, sea grant programs, and sea grant projects’’ for ‘‘With respect to sea grant colleges and sea grant insti- tutes’’ in introductory provisions. Subsec. (d)(3)(B). Pub. L. 116–221, § 9(c)(1)(B), sub- stituted ‘‘funding among sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects’’ for ‘‘funding among sea grant colleges and sea grant in- stitutes’’ in introductory provisions. Subsec. (d)(3)(B)(vi). Pub. L. 116–221, § 11(1), realigned margin. 2008—Subsec. (b)(1). Pub. L. 110–394, § 5(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘sea grant programs which comprise a national sea grant college program network, including inter- national projects conducted within such programs;’’. Subsec. (b)(2). Pub. L. 110–394, § 5(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as fol- Page 334 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1123 lows: ‘‘administration of the national sea grant college program and this subchapter by the national sea grant office, the Administration, and the panel;’’. Subsec. (b)(4). Pub. L. 110–394, § 5(a)(3), amended par. (4) generally. Prior to amendment, par. (4) read as fol- lows: ‘‘any national strategic investments in fields re- lating to ocean, coastal, and Great Lakes resources de- veloped with the approval of the panel, the sea grant colleges, and the sea grant institutes.’’ Subsec. (c)(1). Pub. L. 110–394, § 9(a)(4)(C)(i), sub- stituted ‘‘Board’’ for ‘‘panel’’. Subsec. (c)(2). Pub. L. 110–394, §§ 5(b), 9(a)(4)(C)(i), sub- stituted ‘‘The’’ for ‘‘Within 6 months of March 6, 1998, the’’ and ‘‘Board’’ for ‘‘panel’’. Subsec. (d)(2)(A). Pub. L. 110–394, § 5(c)(1), which di- rected the striking out of ‘‘long range’’, was executed by striking out ‘‘long-range’’ before ‘‘strategic plan’’ to reflect the probable intent of Congress. Subsec. (d)(3)(A). Pub. L. 110–394, § 5(c)(2), substituted ‘‘evaluate and assess’’ for ‘‘evaluate’’ and ‘‘activities;’’ for ‘‘activities; and’’, struck out cl. (i) designation be- fore ‘‘evaluate’’, and struck out cl. (ii) which read as follows: ‘‘rate the programs according to their relative performance (as determined under clause (i)) into no less than 5 categories, with each of the 2 best-per- forming categories containing no more than 25 percent of the programs;’’. Subsec. (d)(3)(B)(ii). Pub. L. 110–394, § 5(c)(3)(A), added cl. (ii). Former cl. (ii) redesignated (iii). Subsec. (d)(3)(B)(iii). Pub. L. 110–394, § 5(c)(3)(A), (B), redesignated cl. (ii) as (iii) and substituted ‘‘ensure’’ for ‘‘encourage’’. Former cl. (iii) redesignated (iv). Subsec. (d)(3)(B)(iv), (v). Pub. L. 110–394, § 5(c)(3)(A), redesignated cls. (iii) and (iv) as (iv) and (v), respec- tively. Subsec. (d)(3)(B)(vi). Pub. L. 110–394, § 5(c)(3)(C), (D), added cl. (vi). 2002—Subsec. (c)(1). Pub. L. 107–299, § 3(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The Secretary, in consultation with the panel, sea grant colleges, and sea grant institutes, shall develop a long-range strategic plan which establishes priorities for the national sea grant college program and which provides an appropriately balanced response to local, regional, and national needs.’’ Subsec. (d)(3)(A). Pub. L. 107–299, § 3(b)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘evaluate the programs of sea grant colleges and sea grant institutes, using the priorities, guidelines, and qualifications established by the Sec- retary;’’. Subsec. (d)(3)(B)(iv). Pub. L. 107–299, § 3(c), added cl. (iv). 1998—Pub. L. 105–160 amended section catchline and text generally. Prior to amendment text consisted of subsecs. (a) to (d) relating to maintenance within the Administration of the National Sea Grant College Pro- gram, appointment and compensation of a Director of the program, duties of the Director, and powers of the Secretary to carry out the provisions of this sub- chapter. 1991—Subsec. (a). Pub. L. 102–186, § 2(a), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘The Secretary shall maintain, within the Administration, a program to be known as the national sea grant college program. The national sea grant col- lege program shall consist of the financial assistance and other activities provided for in this subchapter. The Secretary shall establish long-range planning guidelines and priorities for, and adequately evaluate, this program.’’ Subsec. (c)(3). Pub. L. 102–186, § 4(b)(1)(A), substituted ‘‘section 1124’’ for ‘‘sections 1124 and 1125’’. Subsec. (c)(8). Pub. L. 102–186, § 2(b), added par. (8). Subsec. (d)(6). Pub. L. 102–186, § 2(c), inserted ‘‘and add’’ after ‘‘to pay for’’. 1987—Subsec. (b)(1)(A). Pub. L. 100–220, § 3104(b)(1)(D), substituted ‘‘ocean, coastal, and Great Lakes re- sources’’ for ‘‘ocean and coastal resources’’. Subsec. (c). Pub. L. 100–220, § 3104(c), substituted ‘‘Under Secretary’’ for ‘‘Administrator’’ wherever ap- pearing in introductory provisions and par. (2). Subsec. (c)(5). Pub. L. 100–220, § 3104(b)(2), substituted ‘‘ocean, coastal, and Great Lakes resources’’ for ‘‘ocean and coastal resource’’. Subsec. (d)(3). Pub. L. 100–220, § 3104(b)(1)(D), sub- stituted ‘‘ocean, coastal, and Great Lakes resources’’ for ‘‘ocean and coastal resources’’ in two places. Subsec. (d)(6). Pub. L. 100–220, § 3105(b), struck out ‘‘under section 1124(a) of this title’’ after ‘‘Secretary’’. 1980—Subsec. (c)(5) to (7). Pub. L. 96–289 added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. 1978—Subsecs. (a) to (c). Pub. L. 95–428, § 2(b), sub- stituted ‘‘national sea grant college program’’ for ‘‘na- tional sea grant program’’ wherever appearing. Subsec. (d)(6), (7). Pub. L. 95–428, § 3(1)(B), (C), added par. (6) and redesignated former par. (6) as (7). 1976—Pub. L. 94–461 substituted provisions covering the establishment and administration of the national sea grant program for provisions covering the marine resource development programs. 1973—Subsec. (a). Pub. L. 93–73, § 1(2), (5), deleted item (1) designation for provision respecting consultation with experts and Federal agencies, deleted item (2) pro- vision for seeking advice and counsel from the National Council on Marine Resources and Engineering Develop- ment, and substituted ‘‘Secretary’’ for ‘‘Foundation’’. Subsec. (b). Pub. L. 93–73, § 1(5), substituted ‘‘Sec- retary’’ for ‘‘Foundation’’ and ‘‘his authority’’ for ‘‘its authority’’. Subsec. (d)(1). Pub. L. 93–73, § 1(3), (5), authorized Fed- eral contributions exceeding percentage limitation to programs limited to one percent of appropriations for the fiscal year when reducing or eliminating matching payments by a participant when Secretary determines it would be inequitable relevant to the benefits derived by the participant from the program to require the par- ticipant to make a one-third payment of the cost, and substituted ‘‘Secretary’’ for ‘‘Foundation’’ in last sen- tence. Subsec. (d)(2). Pub. L. 93–73, § 1(4), (5), made prohibi- tions of paragraph inapplicable to non-self-propelled habitats, buoys, platforms, or other similar devices or structures, used principally for research purposes and substituted ‘‘Secretary’’ for ‘‘foundation’’. Subsecs. (d)(3), (e). Pub. L. 93–73, § 1(5), substituted ‘‘Secretary’’ for ‘‘Foundation’’. Subsec. (f). Pub. L. 93–73, § 1(5), substituted ‘‘Sec- retary’’ for ‘‘Foundation’’ and ‘‘his functions’’ for ‘‘its functions’’. Subsec. (g). Pub. L. 93–73, § 1(6), substituted provisions for exercise of powers and authority under this sub- chapter by the Secretary rather than the Foundation under the powers and authority of the National Science Foundation Act of 1950, as amended. Subsec. (h). Pub. L. 93–73, § 1(5), substituted ‘‘Sec- retary’’ for ‘‘Foundation’’ and ‘‘his functions’’ for ‘‘its functions’’. Subsec. (i)(3). Pub. L. 93–73, § 1(7), inserted ‘‘and which is so designated by the Secretary’’ after ‘‘marine re- sources’’. Subsec. (i)(4)(A) to (C). Pub. L. 93–73, § 1(5), sub- stituted ‘‘Secretary’’ for ‘‘Foundation’’. 1968—Subsec. (d)(1). Pub. L. 90–477 struck out ‘‘in any fiscal year’’ after ‘‘The total amount of payments’’ and ‘‘by any participants’’. Statutory Notes and Related Subsidiaries CONSTRUCTION Pub. L. 116–221, § 4(d), Dec. 18, 2020, 134 Stat. 1058, pro- vided that: ‘‘Nothing in this section [amending this sec- tion and enacting provisions set out as a note below] shall be construed to limit or otherwise affect any other amounts available for marine policy fellowships under section 208(b) of the National Sea Grant College Program Act (33 U.S.C. 1127(b)), including amounts— ‘‘(1) accepted under section 204(c)(4)(F) of that Act (33 U.S.C. 1123(c)(4)(F)); or ‘‘(2) appropriated pursuant to the authorization of appropriations under section 212 of that Act (33 U.S.C. 1131).’’ 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-