33 U.S.C. § 1124 — Program or project grants and contracts

submitted 60 years ago by Pub. L. 89-454 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 760 words · no verdicts yet

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The Secretary may fund sea-grant programs and projects through grants and contracts, usually paying no more than 66⅔ percent of cost. Special grants may cover all costs when strict conditions are met, and recipients must keep records for audit.

(a) Regular grants and contracts. The Secretary may assist a sea-grant program or project if it carries out the objective in section 1121(b) and responds to State or regional needs. The grant or contract may pay up to 66⅔ percent of total cost, unless it is paid with funds accepted under section 1123(c)(4)(F) or appropriated under section 1127(b). (b) Special grants. The Secretary may pay up to 100 percent of a project’s cost if the applicant cannot reasonably meet the matching requirement, the project’s likely benefit outweighs the public interest in requiring a match, and the same or equivalent benefit cannot be obtained through a regular grant or contract. Special grants in one fiscal year may not exceed 5 percent of the funds appropriated under section 1131. (c) Any person may apply. The application must use the form, procedure, contents, and additional submissions required by regulation. The Secretary must act within six months after receiving all required information. (d)(1) Every grant or contract is subject to paragraphs (2) through (4) and other necessary terms. Those terms must minimize prior Federal-approval requirements. (2) Money may not pay for land, or for buying, renting, building, preserving, or repairing a building, dock, or vessel. It may pay for short-term meeting space directly supporting a sea-grant program or project and, with the Secretary’s approval, for non-self-propelled habitats, buoys, platforms, similar structures, or rental of a research vessel directly supporting the program. (3) In one State in one fiscal year, obligations under grants and contracts to persons may not exceed 15 percent of the section 1131 appropriation. (4) Recipients must keep records required by regulation showing the amount and use of the proceeds, total project cost, and any amount supplied by other sources. They must keep the records for three years after completion. The Secretary and the Comptroller General, and their authorized representatives, may inspect relevant books, papers, documents, and receipt records for audit and evaluation.

the actual law source: uscode.house.gov ↗public domain

(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.

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.

Source credit: (Pub. L. 89–454, title II, § 205, as added Pub. L. 89–688, § 1, Oct. 15, 1966, 80 Stat. 1001; 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; Pub. L. 96–289, § 1(3), June 28, 1980, 94 Stat. 605; Pub. L. 100–220, title III, § 3105(a), Dec. 29, 1987, 101 Stat. 1471; Pub. L. 102–186, § 4(b)(1)(B), Dec. 4, 1991, 105 Stat. 1283; Pub. L. 107–299, § 4, Nov. 26, 2002, 116 Stat. 2346; Pub. L. 110–394, § 6, Oct. 13, 2008, 122 Stat. 4207.)

history & why it existsrecord from the source credit

1966Enacted · Pub. L. 89-454 · 80 Stat. 1001
1973Amended · Pub. L. 93-73 · 87 Stat. 170
1976Amended · Pub. L. 94-461 · 90 Stat. 1964
1978Amended · Pub. L. 95-428 · 92 Stat. 999
1980Amended · Pub. L. 96-289 · 94 Stat. 605
1987Amended · Pub. L. 100-220 · 101 Stat. 1471
1991Amended · Pub. L. 102-186 · 105 Stat. 1283
2002Amended · Pub. L. 107-299 · 116 Stat. 2346
2008Amended · Pub. L. 110-394 · 122 Stat. 4207

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-454 on 1966-10-15.

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