PRIA, Government Policy, Made Personal

Summary

The Secretary can give grants and make contracts to help sea grant programs or projects that meet the goals in section 1121(b) and that respond to state or regional needs. Normally the federal share can be up to 66⅔ percent of a project’s cost, unless the money comes from funds accepted under section 1123(c)(4)(F) or appropriated under section 1127(b). The Secretary may also award special grants that can pay up to 100 percent of a project if three facts are true: the applicant cannot reasonably meet the usual matching requirement, the project’s public benefit is greater than the interest in requiring a match, and the same benefit cannot be gained under the regular grants or contracts. All special grants in a fiscal year cannot exceed 5 percent of the funds appropriated under section 1131. Anyone may apply for a grant or contract. The Secretary sets the application form and required materials and must decide within 6 months after receiving everything needed. The Secretary may add terms and conditions but should avoid unnecessary prior federal approvals. Grant or contract funds cannot be used to buy or rent land or to buy, rent, build, preserve, or repair buildings, docks, or vessels, except for short-term meeting space or, if approved, certain non-self-propelled structures, buoys, platforms, similar devices, or rental of research vessels used directly for the project. No State may receive more than 15 percent of the section 1131 funds in any fiscal year. Recipients must keep records the Secretary requires for 3 years and allow audits by the Secretary and the Comptroller General.

Title 33, §1124

Navigation and Navigable Waters, Source: USLM XML via OLRC

(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 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; prerequisites

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 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 procedure

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.

(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.

Notes & Related Subsidiaries

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 percent of the total funds appropriated for such year pursuant 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 provisions. 1991—Subsec. (b)(3). Pub. L. 102–186 struck out reference 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 requirement of prior Federal approval.” 1980—Subsec. (d)(2). Pub. L. 96–289 authorized application 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 countries the results of marine research useful in the exploration, development, conservation, and management of marine resources. 1973—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.

§1124 Program or Project Grants and Contracts