USC Subchapter II

USC Subchapter II
in effect

33 U.S.C. § 1121 Congressional declaration of policy

(a) FindingsThe Congress finds and declares the following:(1) The national interest requires a strategy to—(A) provide for the understanding and wise use of ocean, coastal, and Great Lakes resources and the environment; (B) foster economic competitiveness; (C) promote public stewardship and wise economic development of the coastal ocean and its margins, the Great Lakes, and the exclusive economic zone; (D) encourage the development of preparation, forecast, analysis, mitigation, response, and recovery systems for coastal hazards; (E) understand global environmental processes and their impacts on ocean, coastal, and Great Lakes resources; and (F) promote domestic and international cooperative solutions to ocean, coastal, and Great Lakes issues. (2) Investment in a strong program of integrated research, education, extension, training, technology transfer, and public service is essential for this strategy. (3) The expanding use and development of ocean, coastal, and Great Lakes resources resulting from growing coastal area populations and the increasing pressures on the coastal and Great Lakes environment challenge the ability of the United States to manage such resources wisely. (4) The vitality of the Nation and the quality of life of its citizens depend increasingly on the understanding, assessment, development, management, utilization, and conservation of ocean, coastal, and Great Lakes resources. These resources supply food, energy, and minerals and contribute to human health, the quality of the environment, national security, and the enhancement of commerce. (5) The understanding, assessment, development, management, utilization, and conservation of such resources require a broad commitment and an intense involvement on the part of the Federal Government in continuing partnership with State and local governments, private industry, universities, organizations, and individuals concerned with or affected by ocean, coastal, and Great Lakes resources. (6) The National Oceanic and Atmospheric Administration, through the national sea grant college program, offers the most suitable locus and means for such commitment and engagement through the promotion of activities that will result in greater such understanding, assessment, development, management, management,11 So in original. utilization, and conservation of ocean, coastal, and Great Lakes resources. The most cost-effective way to promote such activities is through continued and increased Federal support of the establishment, development, management, and operation of programs and projects by sea grant colleges, sea grant institutes, and other institutions, including strong collaborations between Administration scientists and research and outreach personnel at academic institutions. (b) ObjectiveThe objective of this subchapter is to increase the understanding, assessment, development, management, utilization, and conservation of the Nation’s ocean, coastal, and Great Lakes resources by providing assistance to promote a strong educational base, responsive research and training activities, broad and prompt dissemination of knowledge and techniques, and multidisciplinary approaches to environmental problems. (c) PurposeIt is the purpose of the Congress to achieve the objective of this subchapter by extending and strengthening the national sea grant program, initially established in 1966, to promote integrated research, education, training, and extension services and activities in fields related to ocean, coastal, and Great Lakes resources.

33 U.S.C. § 1122 Definitions

As used in this subchapter— (1) The term “Administration” means the National Oceanic and Atmospheric Administration. (2) The term “Director” means the Director of the national sea grant college program, appointed pursuant to section 1123(b) 11 See References in Text note below. of this title. (3) the 22 So in original. Probably should be capitalized. term “director of a sea grant college” 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 discipline or field, including marine affairs, resource management, technology, education, or science, which is concerned with or likely to improve the understanding, assessment, development, management, utilization, or conservation of ocean, coastal, or Great Lakes resources. (5) The term “institution” means any public or private institution of higher education, institute, laboratory, or State or local agency. (6) The term “includes” and variants thereof should be read as if the phrase “but is not limited 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 contributing to or providing) recreational, scenic, esthetic, biological, habitational, commercial, economic, or conservation values; and (D) man-made, tangible, intangible, actual, 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 individual; any public or private corporation, partnership, or other association or entity (including any sea grant college, sea grant institute or other institution); or any State, political subdivision of a State, or agency or officer thereof. (11) The term “project” means any individually described activity in a field related to ocean, coastal, and Great Lakes resources involving research, education, training, or extension 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 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 administered by one or more sea grant colleges or sea grant institutes. (15) The term “Secretary” means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere. (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 Commonwealth of the Mariana Islands, or any other territory or possession of the United States.

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

(a) Program maintenanceThe Secretary shall maintain within the Administration a program to be known as the national sea grant college program. The national sea grant college program shall be administered by a national sea grant office within the Administration. (b) Program elementsThe 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 national sea grant college program network, including international projects conducted within 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 Administration; (3) the fellowship program under section 1127 of this title; and (4) any regional or national strategic investments in fields relating to ocean, coastal, and Great Lakes resources developed in consultation with the Board and with the approval of the sea grant colleges and the sea grant institutes. (c) Responsibilities of Secretary(1) The Secretary, in consultation with the Board, sea grant colleges, and sea grant institutes, shall develop at least every 4 years a strategic plan that establishes priorities for the national sea grant college program, provides an appropriately balanced response to local, regional, 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 institutes, shall establish guidelines related to the activities and responsibilities of sea grant colleges 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 contracts to be awarded under section 1124 of this title, providing, at a minimum, for standardized documentation of such proposals and peer review 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 subchapter, 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 temporary 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 Administration and without regard to section 501 of title 44, any information of research, educational, training or other value in fields related to ocean, coastal, or Great Lakes resources; (D) enter into contracts, cooperative agreements, and other transactions without regard to section 6101 of title 41; (E) accept donations of money and, notwithstanding section 1342 of title 31, of voluntary and uncompensated services; (F) accept funds from other Federal departments and agencies, including agencies within the Administration, to pay for and add to 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 Program(1) The Secretary shall appoint, as the Director of the National Sea Grant College Program, a qualified individual who has appropriate administrative experience and knowledge or expertise in fields related to ocean, coastal, and Great Lakes resources. The Director shall be appointed 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 development 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 college 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 suspension of any such designation; and (D) encourage the establishment and growth of sea grant programs, and cooperation and coordination 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, guidelines, 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 appropriations, allocate funding among sea grant colleges, sea grant institutes, sea grant programs, 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 address regional and national priorities established 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, education, and outreach programs of the Administration and those of academic institutions; and (vi) encourage cooperation with Minority Serving Institutions to enhance collaborative 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).

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

(a) Authorization; purposes; limitation on amountThe Secretary may make grants and enter into contracts under this subsection to assist any sea grant program or project if the Secretary finds that such program or project will—(1) implement the objective set forth in section 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 66⅔ 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; prerequisitesThe 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 involved. No grant may be made under this subsection unless the Secretary finds that—(1) no reasonable means is available through which the applicant can meet the matching requirement for a grant under subsection (a); (2) the probable benefit of such project outweighs 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 percent of the total funds appropriated for such year under section 1131 of this title. (c) Eligibility and procedureAny person may apply to the Secretary for a grant or contract under this section. Application 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 required information is received. (d) Terms and conditions(1) Any grant made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in paragraphs (2), (3), and (4) and to such other terms, conditions, and requirements as the Secretary deems necessary or appropriate. Terms, conditions, and requirements 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, preservation, or repair of any building, dock, or vessel; except that payment under any such grant or contract may be applied to the short-term rental of buildings or facilities for meetings which are in direct support of any sea grant program or project and may, if approved by the Secretary, be applied to the purchase, rental, construction, 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 support 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 section 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 disclose the amount and disposition by such recipient of such proceeds, the total cost of the program 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 General 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 receipts which, in the opinion of the Secretary or of the Comptroller General, may be related or pertinent to such grants and contracts.

33 U.S.C. § 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 competence 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 determined by the Secretary; (C) cooperate with other sea grant colleges and institutes and other persons to solve problems 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 related to ocean, coastal, and Great Lakes resources (including marine resources management and science), as determined by the Secretary; and (F) meet such other qualifications as the Secretary, in consultation with the Board, considers necessary or appropriate. (2) The Secretary may designate an institution, 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, extension services, training, and education in fields related to ocean, coastal, and Great Lakes resources. (3) The Secretary may designate an institution, 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 generalNot 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 subsection (a), the Secretary shall notify Congress in writing of the proposed designation. The notification shall include an evaluation and justification for the designation. (B) Effect of joint resolution of disapprovalThe Secretary may not designate an institution, or an association or alliance of two or more such institutions, as a sea grant college or sea grant institute under subsection (a) if, before the end of the 30-day period described in subparagraph (A), a joint resolution disapproving the designation is enacted. (2) Existing designeesAny institution, or association or alliance of two or more such institutions, designated as a sea grant college or awarded institutional program status by the Director prior to March 6, 1998, shall not have to reapply for designation as a sea grant college or sea grant institute, respectively, after March 6, 1998, if the Director determines that the institution, or association or alliance of institutions, meets the qualifications in subsection (a). (c) Suspension or termination of designationThe Secretary may, for cause and after an opportunity for hearing, suspend or terminate any designation under subsection (a). (d) DutiesSubject to any regulations prescribed or guidelines established by the Secretary, it shall be the responsibility of each sea grant college and sea grant institute—(1) to develop and implement, in consultation with the Secretary and the Board, a program that is consistent with the guidelines and priorities established under section 1123(c) of this title; and (2) to conduct a merit review of all proposals for grants and contracts to be awarded under section 1124 of this title.

33 U.S.C. § 1127 Fellowships

(a) In generalTo carry out the educational and training objectives of this subchapter, the Secretary shall support a program of fellowships for qualified individuals at the graduate and post-graduate level. The fellowships shall be related to ocean, coastal, and Great Lakes resources and awarded pursuant to guidelines established by the Secretary. The Secretary shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under this subsection. (b) Dean John A. Knauss Marine Policy Fellowship(1) In generalThe Secretary shall award marine policy fellowships to support the placement of individuals at the graduate level of education in fields related to ocean, coastal and Great Lakes resources in positions with the executive and legislative branches of the United States Government. (2) Placement priorities(A) In generalIn each year in which the Secretary awards a legislative fellowship under this subsection, when considering the placement of fellows, the Secretary shall prioritize placement of fellows in the following:(i) Positions in offices of, or with Members on, committees of Congress that have jurisdiction over the National Oceanic and Atmospheric Administration. (ii) Positions in offices of Members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. (B) Equitable distributionIn placing fellows in offices described in subparagraph (A), the Secretary shall ensure that placements are equitably distributed among the political parties. (3) DurationA fellowship awarded under this subsection shall be for a period of not more than 1 year. (c) Restriction on use of fundsAmounts available for fellowships under this section, including amounts accepted under section 1123(c)(4)(F) of this title or appropriated under section 1131 of this title to implement this section, shall be used only for award of such fellowships and administrative costs of implementing this section.

33 U.S.C. § 1128 National Sea Grant Advisory Board

(a) EstablishmentThere shall be an independent committee to be known as the National Sea Grant Advisory Board. (b) Duties(1) In generalThe Board shall advise the Secretary and the Director concerning—(A) strategies for utilizing the sea grant college program to address the Nation’s highest priorities regarding the understanding, assessment, development, management, utilization, and conservation of ocean, coastal, and Great Lakes resources; (B) the designation of sea grant colleges and sea grant institutes; and (C) such other matters as the Secretary refers to the Board for review and advice. (2) Periodic reportThe Board shall report to Congress at least once every four years on the state of the national sea grant college program and shall notify Congress of any significant changes to the state of the program not later than two years after the submission of such a report. The Board shall indicate in each such report the progress made toward meeting the priorities identified in the strategic plan in effect under section 1123(c) of this title and provide a summary of research conducted under the program. (3) Availability of resources of Department of CommerceThe Secretary shall make available to the Board such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties under this subchapter. (c) Membership, terms, and powers(1) The Board shall consist of 15 voting members who shall be appointed by the Secretary. The Director and a director of a sea grant program who is elected by the various directors of sea grant programs shall serve as nonvoting members of the Board. Not less than 8 of the voting members of the Board shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in one or more of the disciplines and fields included in marine science. The other voting members shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in, or representative of, education, marine affairs and resource management, coastal management, extension services, State government, industry, economics, planning, or any other activity which is appropriate to, and important for, any effort to enhance the understanding, assessment, development, management, utilization, or conservation of ocean, coastal, and Great Lakes resources. No individual is eligible to be a voting member of the Board if the individual is (A) the director of a sea grant college or sea grant institute; (B) an applicant for, or beneficiary (as determined by the Secretary) of, any grant or contract under section 1124 of this title; or (C) a full-time officer or employee of the United States. (2) The term of office of a voting member of the Board shall be 3 years for a member appointed before November 26, 2002, and 4 years for a member appointed or reappointed after November 26, 2002. The Director may extend the term of office of a voting member of the Board appointed before November 26, 2002, by up to 1 year. At least once each year, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Board. (3) Any individual appointed to a partial or full term may be reappointed for one additional full term. The Director may extend the term of office of a voting member of the Board once by up to 1 year. (4) The Board shall select one voting member to serve as the Chairman and another voting member to serve as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman. (5) Voting members of the Board shall—(A) receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5, when actually engaged in the performance of duties for such Board; and (B) be reimbursed for actual and reasonable expenses incurred in the performance of such duties. (6) The Board shall meet on a biannual basis and, at any other time, at the call of the Chairman or upon the request of a majority of the voting members or of the Director. (7) The Board may exercise such powers as are reasonably necessary in order to carry out its duties under subsection (b). (8) The Board may establish such subcommittees as are reasonably necessary to carry out its duties under subsection (b). Such subcommittees may include individuals who are not Board members.

33 U.S.C. § 1129 Interagency cooperation

Each department, agency, or other instrumentality of the Federal Government which is engaged in or concerned with, or which has authority over, matters relating to ocean, coastal, and Great Lakes resources— (1) may, upon a written request from the Secretary, make available, on a reimbursable basis or otherwise any personnel (with their consent and without prejudice to their position and rating), service, or facility which the Secretary deems necessary to carry out any provision of this subchapter; (2) shall, upon a written request from the Secretary, furnish any available data or other information which the Secretary deems necessary to carry out any provision of this subchapter; and (3) shall cooperate with the Administration and duly authorized officials thereof.

33 U.S.C. § 1131 Authorization of appropriations

(a) Authorization(1) In generalThere are authorized to be appropriated to the Secretary to carry out this subchapter—(A) $87,520,000 for fiscal year 2021; (B) $91,900,000 for fiscal year 2022; (C) $96,500,000 for fiscal year 2023; (D) $101,325,000 for fiscal year 2024; and (E) $105,700,000 for fiscal year 2025. (2) Priority activities for fiscal years 2021 through 2025In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated $6,000,000 for each of fiscal years 2021 through 2025 for competitive grants for the following:(A) University research on the biology, prevention, and control of aquatic nonnative species. (B) University research on oyster diseases, oyster restoration, and oyster-related human health risks. (C) University research on the biology, prevention, and forecasting of harmful algal blooms. (D) University research, education, training, and extension services and activities focused on coastal resilience and United States working waterfronts and other regional or national priority issues identified in the strategic plan under section 1123(c)(1) of this title. (E) University research and extension on sustainable aquaculture techniques and technologies. (F) Fishery research and extension activities conducted by sea grant colleges or sea grant institutes to enhance, and not supplant, existing core program funding. (b) Limitations(1) Administration(A) In generalThere may not be used for administration of programs under this subchapter in a fiscal year more than 5.5 percent of the lesser of—(i) the amount authorized to be appropriated under this subchapter for the fiscal year; or (ii) the amount appropriated under this subchapter for the fiscal year. (B) Critical staffing requirements(i) In generalThe Director shall use the authority under subchapter VI of chapter 33 of title 5, and under section 1129 of this title, to meet any critical staffing requirement while carrying out the activities authorized under this subchapter. (ii) Exception from capFor purposes of subparagraph (A), any costs incurred as a result of an exercise of authority as described in clause (i) shall not be considered an amount used for administration of programs under this subchapter in a fiscal year. (2) Use for other offices or programsSums appropriated under the authority of subsection (a)(2) shall not be available for administration of this subchapter by the National Sea Grant Office, for any other Administration or department program, or for any other administrative expenses. (c) Availability of sumsSums appropriated pursuant to this section shall remain available until expended. (d) Reversion of unobligated amountsThe amount of any grant, or portion of a grant, made to a person under any section of this subchapter that is not obligated by that person during the first fiscal year for which it was authorized to be obligated or during the next fiscal year thereafter shall revert to the Secretary. The Secretary shall add that reverted amount to the funds available for grants under the section for which the reverted amount was originally made available.

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