PRIA, Government Policy, Made Personal

Summary

NOAA must run a Marine Debris Program to find where marine trash comes from, study it, stop it, reduce it, and remove it. The program focuses on trash that hurts sea life or makes navigation unsafe. It must help states, tribes, and regional groups work together. It must try to cut harms from lost or dumped fishing gear by researching safer gear, marking gear to track it, and using non-rule incentives to recover gear. The program must do public education, work with other federal agencies on outreach, help set up international waste-management efforts (except for ship discharges), and make interagency plans for big “severe marine debris events.” Those plans must coordinate response, measure the debris’ makeup, amount, and path, and estimate effects on health, navigation, natural resources, tourism, and livestock (including aquaculture). The Under Secretary decides if an event is “severe,” or can do so after a state governor asks. NOAA can fund work through grants, contracts, and agreements. Normally federal money can pay up to 50% of a project; the rest can be cash or in-kind. The Under Secretary can waive that match if applicants truly cannot meet it. For severe events, federal support can be 100% when the activity is paid for entirely by funds given to the federal government for that purpose, or 75% for other activities. States, local and tribal governments, colleges, nonprofits, and businesses with relevant expertise can apply. NOAA will review and approve projects, require regular reports, and may count authorized consent-decree payments as part of the nonfederal share.

Title 33, §1952

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Establishment of Program

There is established, within the National Oceanic and Atmospheric Administration, a Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris on the economy of the United States, the marine environment, and navigation safety.

(b)Program components

The Under Secretary, acting through the Program and subject to the availability of appropriations, shall—

(1)identify, determine sources of, assess, prevent, reduce, and remove marine debris, with a focus on marine debris posing a threat to living marine resources and navigation safety;

(2)provide national and regional coordination to assist States, Indian tribes, and regional organizations in the identification, determination of sources, assessment, prevention, reduction, and removal of marine debris;

(3)undertake efforts to reduce the adverse impacts of lost and discarded fishing gear on living marine resources and navigation safety, including—

(A)research and development of alternatives to gear posing threats to the marine environment and methods for marking gear used in certain fisheries to enhance the tracking, recovery, and identification of lost and discarded gear; and

(B)the development of effective nonregulatory measures and incentives to cooperatively reduce the volume of lost and discarded fishing gear and to aid in gear recovery;

(4)undertake outreach and education activities for the public and other stakeholders on sources of marine debris, threats associated with marine debris, and approaches to identifying, determining sources of, assessing, preventing, reducing, and removing marine debris and its adverse impacts on the United States economy, the marine environment, and navigation safety, including outreach and education activities through public-private initiatives;

(5)develop, in consultation with the Interagency Committee, interagency plans for the timely response to events determined by the Under Secretary to be severe marine debris events, including plans to—

(A)coordinate across agencies and with relevant State, tribal, and local governments to ensure adequate, timely, and efficient response;

(B)assess the composition, volume, and trajectory of marine debris associated with a severe marine debris event; and

(C)estimate the potential impacts of a severe marine debris event, including economic impacts on human health, navigation safety, natural resources, tourism, and livestock, including aquaculture;

(6)work to develop outreach and education strategies with other Federal agencies to address sources of marine debris;

(7)except for discharges of marine debris from vessels, in consultation with the Department of State and other Federal agencies, promote international action, as appropriate, to reduce the incidence of marine debris, including providing technical assistance to expand waste management systems internationally; and

(8)in the case of an event determined to be a severe marine debris event under subsection (c)—

(A)assist in the cleanup and response required by the severe marine debris event; or

(B)conduct such other activity as the Under Secretary determines is appropriate in response to the severe marine debris event.

(c)Severe marine debris events

At the discretion of the Under Secretary or at the request of the Governor of an affected State, the Under Secretary shall determine whether there is a severe marine debris event.

(d)Grants, cooperative agreements, contracts, and other agreements

(1)In general

The Under Secretary, acting through the Program, shall enter into cooperative agreements, contracts, and other agreements and provide financial assistance in the form of grants for projects to accomplish the purpose set forth in section 1951 of this title.

(2)Grant cost sharing requirement

(A)In general

Except as provided in subparagraphs (B) and (C), Federal funds for any grant under this section may not exceed 50 percent of the total cost of such project. For purposes of this subparagraph, the non-Federal share of project costs may be provided by in-kind contributions and other noncash support.

(B)Waiver

The Under Secretary may waive all or part of a matching requirement under subparagraph (A) or (C) if the Under Secretary determines that no reasonable means are available through which applicants can meet the matching requirement and the probable benefit of such project outweighs the public interest in such matching requirement.

(C)Severe marine debris events

Notwithstanding subparagraph (A) and except as provided in subparagraph (B), the Federal share of the cost of an activity carried out under a determination made under subsection (c) shall be—

(i)100 percent of the cost of the activity, for an activity funded wholly by funds made available by a person, including the government of a foreign country, to the Federal Government for the purpose of responding to a severe marine debris event; or

(ii)75 percent of the cost of the activity, for any activity other than an activity funded as described in clause (i).

(3)Amounts paid and services rendered under consent

(A)Consent decrees and orders

If authorized by the Under Secretary or the Attorney General, as appropriate, the non-Federal share of the cost of a project carried out under this chapter may include money paid pursuant to, or the value of any in-kind service performed under, an administrative order on consent or judicial consent decree that will remove or prevent marine debris.

(B)Other decrees and orders

The non-Federal share of the cost of a project carried out under this chapter may not include any money paid pursuant to, or the value of any in-kind service performed under, any other administrative order or court order.

(4)Eligibility

Any State, local, or Tribal Government whose activities affect research or regulation of marine debris, and any institution of higher education, nonprofit organization, or commercial organization with expertise in a field related to marine debris, is eligible to submit to the Under Secretary a marine debris proposal under the grant program.

(5)Project review and approval

The Under Secretary shall—

(A)review each marine debris project proposal to determine if it meets the grant criteria and supports the goals of this chapter;

(B)after considering any written comments and recommendations based on the review, approve or disapprove the proposal; and

(C)provide notification of that approval or disapproval to the person who submitted the proposal.

(6)Project reporting

Each grantee under this section shall provide periodic reports as required by the Under Secretary. Each report shall include all information required by the Under Secretary for evaluating the progress and success in meeting its stated goals, and impact of the grant activities on the marine debris problem.

(7)In-kind contributions

With respect to any project carried out pursuant to a contract or other agreement entered into under paragraph (1) that is not a cooperative agreement or an agreement to provide financial assistance in the form of a grant, the Under Secretary may contribute on an in-kind basis the portion of the costs of the project that the Under Secretary determines represents the amount of benefit the National Oceanic and Atmospheric Administration derives from the project.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Pub. L. 119–65, § 6(a), which directed substitution of “Under Secretary” for “Administrator”, was executed by making the substitution wherever appearing, to reflect the probable intent of Congress. Subsec. (d). Pub. L. 119–65, § 2(b)(1), substituted “contracts, and other agreements” for “and contracts” in heading. Subsec. (d)(1). Pub. L. 119–65, § 2(b)(2), substituted “, contracts, and other agreements” for “and contracts”. Subsec. (d)(2)(B). Pub. L. 119–65, § 2(b)(3)(A), substituted “part of a matching requirement under subparagraph (A) or (C)” for “part of the matching requirement under subparagraph (A)”. Subsec. (d)(2)(C). Pub. L. 119–65, § 2(b)(3)(B), inserted “and except as provided in subparagraph (B)” after “subparagraph (A)” in introductory provisions. Subsec. (d)(4). Pub. L. 119–65, § 6(f), substituted “Tribal Government” for “tribal government”. Subsec. (d)(7). Pub. L. 119–65, § 2(b)(4), added par. (7). 2018—Subsec. (b)(6) to (8). Pub. L. 115–265, § 101(1), added pars. (6) to (8). Subsecs. (c), (d). Pub. L. 115–265, § 101(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). Subsec. (d)(2)(A). Pub. L. 115–265, § 101(4)(A), substituted “subparagraphs (B) and (C)” for “subparagraph (B)”. Subsec. (d)(2)(C). Pub. L. 115–265, § 101(4)(B), added subpar. (C). 2012—Pub. L. 112–213, § 604(a)(1), struck out “Prevention and Removal” before “Program” in section catchline. Subsec. (a). Pub. L. 112–213, § 604(a)(2), substituted “Program to identify, determine sources of, assess, prevent, reduce, and remove marine debris and address the” for “Prevention and Removal Program to reduce and prevent the occurrence and” and “marine debris on the economy of the United States, the marine environment, and” for “marine debris on the marine environment and”. Subsec. (b). Pub. L. 112–213, § 604(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) described components of the Marine Debris Prevention and Removal Program. Subsec. (c)(1). Pub. L. 112–213, § 604(c)(1), substituted “section 1951” for “section 1951(1)”. Subsec. (c)(5) to (7). Pub. L. 112–213, § 604(c)(2), (3), redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former par. (5) which required the Administrator to promulgate necessary guidelines for implementation of the grant program within 180 days after Dec. 22, 2006.

§1952 Noaa Marine Debris Program

Summary

Title 33, §1952

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata