§ 1124. — Program or project grants and contracts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1124]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 22--SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT
SUBCHAPTER II--NATIONAL SEA GRANT COLLEGE PROGRAM
Sec. 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 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\2/3\ 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.
(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)
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.
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.
(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.
(Pub. L. 89-454, title II, Sec. 205, as added Pub. L. 89-688, Sec. 1,
Oct. 15, 1966, 80 Stat. 1001; amended Pub. L. 93-73, Sec. 1(8), July 10,
1973, 87 Stat. 170; Pub. L. 94-461, Sec. 2, Oct. 8, 1976, 90 Stat. 1964;
Pub. L. 95-428, Sec. 3(2), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96-289,
Sec. 1(3), June 28, 1980, 94 Stat. 605; Pub. L. 100-220, title III,
Sec. 3105(a), Dec. 29, 1987, 101 Stat. 1471; Pub. L. 102-186,
Sec. 4(b)(1)(B), Dec. 4, 1991, 105 Stat. 1283; Pub. L. 107-299, Sec. 4,
Nov. 26, 2002, 116 Stat. 2346.)
Amendments
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.
Section Referred to in Other Sections
This section is referred to in sections 1123, 1126, 1128 of this
title; title 16 section 4741.
