§ 1131. — Authorization of appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1131]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 22--SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT
SUBCHAPTER II--NATIONAL SEA GRANT COLLEGE PROGRAM
Sec. 1131. Authorization of appropriations
(a) Authorization
(1) In general
There are authorized to be appropriated to the Secretary to
carry out this subchapter--
(A) $60,000,000 for fiscal year 2003;
(B) $75,000,000 for fiscal year 2004;
(C) $77,500,000 for fiscal year 2005;
(D) $80,000,000 for fiscal year 2006;
(E) $82,500,000 for fiscal year 2007; and
(F) $85,000,000 for fiscal year 2008.
(2) Priority activities
In addition to the amounts authorized under paragraph (1), there
are authorized to be appropriated for each of fiscal years 2003
through 2008--
(A) $5,000,000 for competitive grants for university
research on the biology and control of zebra mussels and other
important aquatic nonnative species;
(B) $5,000,000 for competitive grants for university
research on oyster diseases, oyster restoration, and oyster-
related human health risks;
(C) $5,000,000 for competitive grants for university
research on the biology, prevention, and forecasting of harmful
algal blooms, including Pfiesteria piscicida; and
(D) $3,000,000 for competitive grants for fishery extension
activities conducted by sea grant colleges or sea grant
institutes to enhance, and not supplant, existing core program
funding.
(b) Limitations
(1) Administration
There may not be used for administration of programs under this
subchapter in a fiscal year more than 5 percent of the lesser of--
(A) the amount authorized to be appropriated under this
subchapter for the fiscal year; or
(B) the amount appropriated under this subchapter for the
fiscal year.
(2) Use for other offices or programs
Sums appropriated under the authority of subsection (a)(2) of
this section 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) Distribution of funds
In any fiscal year in which the appropriations made under subsection
(a)(1) of this section exceed the amounts appropriated for fiscal year
2003 for the purposes described in such subsection, the Secretary shall
distribute any excess amounts (except amounts used for the
administration of the sea grant program) to any combination of the
following:
(1) sea grant programs, according to their rating under section
1123(d)(3)(A) of this title;
(2) national strategic investments authorized under section
1123(b)(4) of this title;
(3) a college, university, institution, association, or alliance
for activities that are necessary for it to be designated as a sea
grant college or sea grant institute; and
(4) a sea grant college or sea grant institute designated after
November 26, 2002, but not yet evaluated under section 1123(d)(3)(A)
of this title.
(d) Availability of sums
Sums appropriated pursuant to this section shall remain available
until expended.
(e) Reversion of unobligated amounts
The 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.
(Pub. L. 89-454, title II, Sec. 212, as added Pub. L. 94-461, Sec. 2,
Oct. 8, 1976, 90 Stat. 1968; amended Pub. L. 95-58, Sec. 1, June 29,
1977, 91 Stat. 254; Pub. L. 95-428, Sec. 3(5), Oct. 7, 1978, 92 Stat.
1000; Pub. L. 96-289, Sec. 1(6), June 28, 1980, 94 Stat. 605; Pub. L.
98-623, title V, Sec. 501(a), Nov. 8, 1984, 98 Stat. 3410; Pub. L. 100-
220, title III, Sec. 3110, Dec. 29, 1987, 101 Stat. 1474; Pub. L. 102-
186, Sec. 3, Dec. 4, 1991, 105 Stat. 1282; Pub. L. 105-160, Sec. 9(a),
(b), Mar. 6, 1998, 112 Stat. 26; Pub. L. 107-299, Sec. 7, Nov. 26, 2002,
116 Stat. 2347.)
References in Text
This subchapter, referred to in subsec. (e), was in the original
``this Act'' and was translated as reading ``this title'' meaning title
II of Pub. L. 89-454, which enacted this subchapter, to reflect the
probable intent of Congress.
Amendments
2002--Subsecs. (a) to (c). Pub. L. 107-299 amended subsecs. (a) to
(c) generally, substituting provisions relating to authorization,
limitations, and distribution of funds for provisions relating to
authorization, program elements, and priority oyster disease research.
1998--Subsec. (a). Pub. L. 105-160, Sec. 9(a), inserted heading and
amended text of subsec. (a) generally. Prior to amendment, text read as
follows: ``There is authorized to be appropriated to carry out the
provisions of sections 1124 and 1127 of this title, and section 1124a of
this title, an amount--
``(1) for fiscal year 1991, not to exceed $44,398,000;
``(2) for fiscal year 1992, not to exceed $46,014,000;
``(3) for fiscal year 1993, not to exceed $47,695,000;
``(4) for fiscal year 1994, not to exceed $49,443,000; and
``(5) for fiscal year 1995, not to exceed $51,261,000.''
Subsec. (b). Pub. L. 105-160, Sec. 9(b), inserted subsec. heading
and amended par. (1) generally. Prior to amendment, par. (1) read as
follows: ``There is authorized to be appropriated for administration of
this subchapter, including section 1128 of this title, by the National
Sea Grant Office and the Administration, an amount--
``(A) for fiscal year 1991, not to exceed $2,500,000;
``(B) for fiscal year 1992, not to exceed $2,600,000;
``(C) for fiscal year 1993, not to exceed $2,700,000;
``(D) for fiscal year 1994, not to exceed $2,800,000; and
``(E) for fiscal year 1995, not to exceed $2,900,000.''
1991--Subsecs. (a) to (c). Pub. L. 102-186 amended subsecs. (a) to
(c) generally. Prior to amendment, subsecs. (a) to (c) read as follows:
``(a) There is authorized to be appropriated to carry out the
provisions of this subchapter other than sections 1125 and 1130 of this
title, an amount--
``(1) for fiscal year 1988, not to exceed $41,500,000;
``(2) for fiscal year 1989, not to exceed $50,500,000; and
``(3) for fiscal year 1990, not to exceed $51,000,000.
``(b) There is authorized to be appropriated to carry out section
1125 of this title and section 1127(c) of this title, an amount--
``(1) for fiscal year 1988, not to exceed $500,000;
``(2) for fiscal year 1989, not to exceed $5,000,000; and
``(3) for fiscal year 1990, not to exceed $10,000,000.
``(c) There is authorized to be appropriated to carry out section
1130 of this title, an amount--
``(1) for fiscal year 1988, not to exceed $2,000,000;
``(2) for fiscal year 1989, not to exceed $2,500,000; and
``(3) for fiscal year 1990, not to exceed $3,000,000.''
1987--Pub. L. 100-220 amended section generally, substituting
provisions of subsecs. (a) to (e) relating to appropriations
authorizations for fiscal years 1988, 1989, and 1990, for provisions
formerly contained in a single unlettered paragraph relating to
appropriations authorizations for fiscal years 1978 to 1983 and 1985 to
1987.
1984--Par. (4). Pub. L. 98-623 added par. (4).
1980--Par. (3). Pub. L. 96-289 added par. (3).
1978--Pub. L. 95-428 substituted appropriations authorization of
$50,000,000 for fiscal years 1977, and 1978, for prior $50,000,000
authorization for fiscal years ending Sept. 30, 1977, and 1978, and
authorized appropriation of $55,000,000 for fiscal years 1979 and 1980.
1977--Pub. L. 95-58 substituted ``each of the fiscal years ending
September 30, 1977, and September 30, 1978'' for ``the fiscal year
ending September 30, 1977''.
Notice of Reprogramming
Pub. L. 105-160, Sec. 9(c), Mar. 6, 1998, 112 Stat. 26, provided
that: ``If any funds authorized by this section are subject to a
reprogramming action that requires notice to be provided to the
Appropriations Committees of the House of Representatives and the
Senate, notice of such action shall concurrently be provided to the
Committees on Science and Resources of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.''
Section Referred to in Other Sections
This section is referred to in section 1124 of this title.
