33 § 1123 NAVIGATION & NAVIGABLE WATERS

Ch. 22

(4) encourage other Federal departments, agencies, and instrumentalities to use and take advantage of the expertise and capabilities which are available through the national sea grant college program, on a cooperative or other basis;

(5) advise the Secretary on the designation of sea grant colleges and sea grant regior il consortia and, in appropriate cases, if any, on the termination or suspension of any such designation; and

(6) encourage the formation and growth of sea grant programs.

Powers of Secretary

(d) To carry out the provisions of this subchapter, the Secretary

may

(1) appoint, assign the duties, transfer, and fix the compensation of such personnel as may be necessary, in accordance with the civil service laws; except that five positions may be established without regard to the provisions of Title 5, governing appointments in the competitive service, but the pay rates for such positions may not exceed the maximum rate for GS-18 of the General Schedule under section 5332 of such title;

(2) make appointments with respect to temporary and intermittent services to the same extent as is authored section 3103 of Title 5:

(3) publish or arrange for the publication of, and ownerwise us seminate, in cooperation with other services, offices, and programs in the Administration, any information of research, educational, training, and other value in fields related to ocean and coastal resources and with respect to ocean and coastal resources, without regard to section 501 of Title 44;

(4) enter into contracts, cooperative agreements, and other transactions without regard to section 5 of Title 41;

(5) accept donations and voluntary and uncompensated services, notwithstanding section 665(b) of Title 31;

(6) accept funds from other Federal departments, agencies (including agencies within the Administration), and instrumentalities to pay for grants made, and contracts entered into, by the Secretary under section 1124 (a) of this title; and

(7) issue such rules and regulations as may be necessary and appropriate.

Pub.L. 89-454, Title II, § 204, as added Pub. L. 89-688, § 1, Oct. 15, 1966, 80 Stat. 999, and 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.

SEA GRANT COLLEGE PROGRAM

Historical Note

Library References

Code of Federal Regulations

Establishment and procedures of program, see 41 CFR 25-1.101 et seq.

33 § 1124 NAVIGATION & NAVIGABLE WATERS

§ 1124.

Program or project grants and contracts

Authorization; purposes; limitation on amount

Ch. 22

(a) The 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 66 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(d)(6) of this title.

Special grants; maximum amount; prerequisites

(b) 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 involved. No grant may be made under this cubsection unless the Scerotary finds that

(1) no reasonable means is available through wnich the applicant can meet the matching requirement for a grant under subsection (a) of this section;

(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) of this section or section 1125 of this title.

The total amount which may be provided for grants under this subsection during any fiscal year shall not exceed an amount equal to 1 percent of the total funds appropriated for such year pursuant to section 1131 of this title.

Eligibility and procedure

(c) Any 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.

Terms and conditions

(d) (1) Any grant made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in para

Ch. 22

SEA GRANT COLLEGE PROGRAM 33 § 1124

graphs (2), (3), and (4) and to such other terms, conditions, and requirements as the Secretary deems necessary or appropriate.

(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, 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 any 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 position hy such recipient of such proceeds, disciose tu .. the total cost of the program or project in connection with which such proceeds were used, and the amount, if ɛry, of such cost 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. Pub. L. 89-454, Title II, § 205, as added Pub.L. 89-688, § 1, Oct. 15, 1966, 80 Stat. 1001, and 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.

Historical Note Subsec. (a). Pub. L. 1978 Amendment. limitation 95-428 made the percentage inapplicable to grants or contracts paid for with funds accepted by the Secretary under section 1123(d) (6) of this title.

or

1976 Amendment. Pub. L. 94-461 substiprogram tuted provisions covering project grants and contracts for provisions authorizing the study of ways to

share with other countries the results of marine research useful in the exploration, development, conservation, and management of marine resources.

1973 Amendment. Pub. L. 93-73 substituted provisions for study of international marine technology transfer for prior provisions respecting advisory functions of National Council on Marine Resources and Development.

Code of Federal Regulations

Financing and authorities, see 41 CFR 25-30.103.

§ 1124a.

Contracts and grants for international cooperation

Authorization; purposes

(a) The Secretary of Commerce (hereafter in this section referred to as the "Secretary") may enter into contracts and make grants under this section to

(1) enhance the research and development capability of developing foreign nations with respect to ocean and coastal resources, as such term is defined in section 1122 of this title; and

(2) promote the exchange among the United States and foreign nations (including, but not limited to, developing foreign nations) vi information and data with respect to the assessment, developrent. utilization, and conservation of such resources.

Eligibility and procedure

(b) Any sea grant college and sea grant regional consortium (as defined in section 1122 of this title) and any institution of higher education, laboratory, or institute (if such institution, laboratory, or institute is located within any State (as defined in such section 1122 of this title)) may apply for and receive financial assistance under this section. Each grant or contract under this section shall be made pursuant to such requirements as the Secretary shall, after consultation with the Secretary of State, by regulation prescribe. Application shall be made in such form, and with such content and other submissions. as may be so required. Before approving any application for a grant or contract under this section, the Secretary shall consult with the Secretary of State. Any grant made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in section 1124(d)(2) and (4) of this title and to such other terms. conditions, and requirements as the Secretary deems necessary or appropriate.

Authorization of appropriations

(c) There are authorized to be appropriated for purposes of carry ing out this section not to exceed the following amounts:

(1) $3,000,000 for each of fiscal years 1977, 1978, and 1979. (2) $5,000,000 for fiscal year 1980.