§ 1101. Congressional declaration of policy and objectives

• (a) It is hereby declared to be the policy of the United States to develop, encourage, and maintain a coordinated, comprehensive, and long-range national program in marine science for the benefit of mankind to assist in protection of health and property, enhancement of commerce, transportation, and national security, rehabilitation of our commercial fisheries, and increased utilization of these and other resources.
• (b) The marine science activities of the United States should be conducted so as to contribute to the following objectives:
  • (1) The accelerated development of the resources of the marine environment.
  • (2) The expansion of human knowledge of the marine environment.
  • (3) The encouragement of private investment enterprise in exploration, technological development, marine commerce, and economic utilization of the resources of the marine environment.
  • (4) The preservation of the role of the United States as a leader in marine science and resource development.
  • (5) The advancement of education and training in marine science.
  • (6) The development and improvement of the capabilities, performance, use, and efficiency of vehicles, equipment, and instruments for use in exploration, research, surveys, the recovery of resources, and the transmission of energy in the marine environment.
  • (7) The effective utilization of the scientific and engineering resources of the Nation, with close cooperation among all interested agencies, public and private, in order to avoid unnecessary duplication of effort, facilities, and equipment, or waste.
  • (8) The cooperation by the United States with other nations and groups of nations and international organizations in marine science activities when such cooperation is in the national interest.

§ 1103. Executive responsibilities; utilization of staff, interagency, and non-Government advisory arrangements; consultation with agencies; solicitation of views of non-Federal agencies

• (a) In conformity with the provisions of section 1101 of this title , it shall be the duty of the President with the advice and assistance of the Council to—
  • (1) survey all significant marine science activities, including the policies, plans, programs, and accomplishments of all departments and agencies of the United States engaged in such activities;
  • (2) develop a comprehensive program of marine science activities, including, but not limited to, exploration, description and prediction of the marine environment, exploitation and conservation of the resources of the marine environment, marine engineering, studies of air-sea interaction, transmission of energy, and communications, to be conducted by departments and agencies of the United States, independently or in cooperation with such non-Federal organizations as States, institutions and industry;
  • (3) designate and fix responsibility for the conduct of the foregoing marine science activities by departments and agencies of the United States;
  • (4) insure cooperation and resolve differences arising among departments and agencies of the United States with respect to marine science activities under this subchapter, including differences as to whether a particular project is a marine science activity;
  • (5) undertake a comprehensive study, by contract or otherwise, of the legal problems arising out of the management, use, development, recovery, and control of the resources of the marine environment;
  • (6) establish long-range studies of the potential benefits to the United States economy, security, health, and welfare to be gained from marine resources, engineering, and science, and the costs involved in obtaining such benefits; and
  • (7) review annually all marine science activities conducted by departments and agencies of the United States in light of the policies, plans, programs, and priorities developed pursuant to this chapter.
• (b) In the planning and conduct of a coordinated Federal program the President and the Council shall utilize such staff, interagency, and non-Government advisory arrangements as they may find necessary and appropriate and shall consult with departments and agencies concerned with marine science activities and solicit the views of non-Federal organizations and individuals with capabilities in marine sciences.

§ 1106. Reports to Congress

• (a) The President shall transmit to the Congress biennially in January a report, which shall include (1) a comprehensive description of the activities and the accomplishments of all agencies and departments of the United States in the field of marine science during the preceding fiscal year, and (2) an evaluation of such activities and accomplishments in terms of the objectives set forth pursuant to this chapter.
• (b) Reports made under this section shall contain such recommendations for legislation as the President may consider necessary or desirable for the attainment of the objectives of this chapter, and shall contain an estimate of funding requirements of each agency and department of the United States for marine science activities during the succeeding fiscal year.

§ 1107. Definitions

• (a) the oceans,
• (b) the Continental Shelf of the United States,
• (c) the Great Lakes,
• (d) seabed and subsoil of the submarine areas adjacent to the coasts of the United States to the depth of two hundred meters, or beyond that limit, to where the depths of the superjacent waters admit of the exploitation of the natural resources of such areas,
• (e) the seabed and subsoil of similar submarine areas adjacent to the coasts of islands which comprise United States territory, and
• (f) the resources thereof.

§ 1108. Authorization of appropriations

There are hereby authorized to be appropriated such sums as may be necessary to carry out this subchapter, but sums appropriated for any one fiscal year shall not exceed $1,200,000.

§ 1121. Congressional declaration of policy

• (a) The Congress finds and declares the following:
  • (1) The national interest requires a strategy to—
    • (A) provide for the understanding and wise use of ocean, coastal, and Great Lakes resources and the environment;
    • (B) foster economic competitiveness;
    • (C) promote public stewardship and wise economic development of the coastal ocean and its margins, the Great Lakes, and the exclusive economic zone;
    • (D) encourage the development of preparation, forecast, analysis, mitigation, response, and recovery systems for coastal hazards;
    • (E) understand global environmental processes and their impacts on ocean, coastal, and Great Lakes resources; and
    • (F) promote domestic and international cooperative solutions to ocean, coastal, and Great Lakes issues.
  • (2) Investment in a strong program of integrated research, education, extension, training, technology transfer, and public service is essential for this strategy.
  • (3) The expanding use and development of ocean, coastal, and Great Lakes resources resulting from growing coastal area populations and the increasing pressures on the coastal and Great Lakes environment challenge the ability of the United States to manage such resources wisely.
  • (4) The vitality of the Nation and the quality of life of its citizens depend increasingly on the understanding, assessment, development, management, utilization, and conservation of ocean, coastal, and Great Lakes resources. These resources supply food, energy, and minerals and contribute to human health, the quality of the environment, national security, and the enhancement of commerce.
  • (5) The understanding, assessment, development, management, utilization, and conservation of such resources require a broad commitment and an intense involvement on the part of the Federal Government in continuing partnership with State and local governments, private industry, universities, organizations, and individuals concerned with or affected by ocean, coastal, and Great Lakes resources.
  • (6) The National Oceanic and Atmospheric Administration, through the national sea grant college program, offers the most suitable locus and means for such commitment and engagement through the promotion of activities that will result in greater such understanding, assessment, development, management, management, 1 1 So in original. utilization, and conservation of ocean, coastal, and Great Lakes resources. The most cost-effective way to promote such activities is through continued and increased Federal support of the establishment, development, management, and operation of programs and projects by sea grant colleges, sea grant institutes, and other institutions, including strong collaborations between Administration scientists and research and outreach personnel at academic institutions.
• (b) The objective of this subchapter is to increase the understanding, assessment, development, management, utilization, and conservation of the Nation’s ocean, coastal, and Great Lakes resources by providing assistance to promote a strong educational base, responsive research and training activities, broad and prompt dissemination of knowledge and techniques, and multidisciplinary approaches to environmental problems.
• (c) It is the purpose of the Congress to achieve the objective of this subchapter by extending and strengthening the national sea grant program, initially established in 1966, to promote integrated research, education, training, and extension services and activities in fields related to ocean, coastal, and Great Lakes resources.

§ 1122. Definitions

As used in this subchapter—

• (1) The term “Administration” means the National Oceanic and Atmospheric Administration.
• (2) The term “Director” means the Director of the national sea grant college program, appointed pursuant to section 1123(b) 1 1 See References in Text note below. of this title.
• (3) the 2 2 So in original. Probably should be capitalized. term “director of a sea grant college” means a person designated by his or her institution to direct a sea grant college or sea grant institute.
• (4) The term “field related to ocean, coastal, and Great Lakes resources” means any discipline or field, including marine affairs, resource management, technology, education, or science, which is concerned with or likely to improve the understanding, assessment, development, management, utilization, or conservation of ocean, coastal, or Great Lakes resources.
• (5) The term “institution” means any public or private institution of higher education, institute, laboratory, or State or local agency.
• (6) The term “includes” and variants thereof should be read as if the phrase “but is not limited to” were also set forth.
• (7) The term “ocean, coastal, and Great Lakes resources” means the resources that are located in, derived from, or traceable to, the seabed, subsoil, and waters of—
  • (A) the coastal zone, as defined in section 1453(1) of title 16 ;
  • (B) the Great Lakes;
  • (C) Lake Champlain (to the extent that such resources have hydrological, biological, physical, or geological characteristics and problems similar or related to those of the Great Lakes);
  • (D) the territorial sea;
  • (E) the exclusive economic zone;
  • (F) the Outer Continental Shelf; and
  • (G) the high seas.
• (8) The term “resource” means—
  • (A) living resources (including natural and cultured plant life, fish, shellfish, marine mammals, and wildlife);
  • (B) nonliving resources (including energy sources, minerals, and chemical substances);
  • (C) the habitat of a living resource, the coastal space, the ecosystems, the nutrient-rich areas, and the other components of the marine environment that contribute to or provide (or which are capable of contributing to or providing) recreational, scenic, esthetic, biological, habitational, commercial, economic, or conservation values; and
  • (D) man-made, tangible, intangible, actual, or potential resources.
• (9) The term “Board” means the National Sea Grant Advisory Board established under section 1128 of this title .
• (10) The term “person” means any individual; any public or private corporation, partnership, or other association or entity (including any sea grant college, sea grant institute or other institution); or any State, political subdivision of a State, or agency or officer thereof.
• (11) The term “project” means any individually described activity in a field related to ocean, coastal, and Great Lakes resources involving research, education, training, or extension services administered by a person with expertise in such a field.
• (12) The term “sea grant college” means any institution, or any association or alliance of two or more such institutions, designated as such by the Secretary under section 1126 of this title .
• (13) The term “sea grant institute” means any institution, or any association or alliance of two or more such institutions, designated as such by the Secretary under section 1126 of this title .
• (14) The term “sea grant program” means a program of research and outreach which is administered by one or more sea grant colleges or sea grant institutes.
• (15) The term “Secretary” means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere.
• (16) The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands, or any other territory or possession of the United States.

§ 1123. National sea grant college program

• (a) The Secretary shall maintain within the Administration a program to be known as the national sea grant college program. The national sea grant college program shall be administered by a national sea grant office within the Administration.
• (b) The national sea grant college program shall consist of the financial assistance and other activities authorized in this subchapter, and shall provide support for the following elements—
  • (1) sea grant programs that comprise a national sea grant college program network, including international projects conducted within such programs and regional and national projects conducted among such programs;
  • (2) administration of the national sea grant college program and this subchapter by the national sea grant office and the Administration;
  • (3) the fellowship program under section 1127 of this title ; and
  • (4) any regional or national strategic investments in fields relating to ocean, coastal, and Great Lakes resources developed in consultation with the Board and with the approval of the sea grant colleges and the sea grant institutes.
• (c)
  • (1) The Secretary, in consultation with the Board, sea grant colleges, and sea grant institutes, shall develop at least every 4 years a strategic plan that establishes priorities for the national sea grant college program, provides an appropriately balanced response to local, regional, and national needs, and is reflective of integration with the relevant portions of the strategic plans of the Department of Commerce and of the Administration.
  • (2) The Secretary, in consultation with the Board, sea grant colleges, and sea grant institutes, shall establish guidelines related to the activities and responsibilities of sea grant colleges and sea grant institutes. Such guidelines shall include requirements for the conduct of merit review by the sea grant colleges and sea grant institutes of proposals for grants and contracts to be awarded under section 1124 of this title , providing, at a minimum, for standardized documentation of such proposals and peer review of all research projects.
  • (3) The Secretary shall by regulation prescribe the qualifications required for designation of sea grant colleges and sea grant institutes under section 1126 of this title .
  • (4) To carry out the provisions of this subchapter, the Secretary may—
    • (A) appoint, assign the duties, transfer, and fix the compensation of such personnel as may be necessary, in accordance with civil service laws;
    • (B) make appointments with respect to temporary and intermittent services to the extent authorized by section 3109 of title 5 ;
    • (C) publish or arrange for the publication of, and otherwise disseminate, in cooperation with other offices and programs in the Administration and without regard to section 501 of title 44 , any information of research, educational, training or other value in fields related to ocean, coastal, or Great Lakes resources;
    • (D) enter into contracts, cooperative agreements, and other transactions without regard to section 6101 of title 41 ;
    • (E) notwithstanding section 1342 of title 31 , accept donations and voluntary and uncompensated services;
    • (F) accept funds from other Federal departments and agencies, including agencies within the Administration, to pay for and add to grants made and contracts entered into by the Secretary; and
    • (G) promulgate such rules and regulations as may be necessary and appropriate.
• (d)
  • (1) The Secretary shall appoint, as the Director of the National Sea Grant College Program, a qualified individual who has appropriate administrative experience and knowledge or expertise in fields related to ocean, coastal, and Great Lakes resources. The Director shall be appointed and compensated, without regard to the provisions of title 5 governing appointments in the competitive service, at a rate payable under section 5376 of title 5 .
  • (2) Subject to the supervision of the Secretary, the Director shall administer the national sea grant college program and oversee the operation of the national sea grant office. In addition to any other duty prescribed by law or assigned by the Secretary, the Director shall—
    • (A) facilitate and coordinate the development of a strategic plan under subsection (c)(1);
    • (B) advise the Secretary with respect to the expertise and capabilities which are available within or through the national sea grant college program and encourage the use of such expertise and capabilities, on a cooperative or other basis, by other offices and activities within the Administration, and other Federal departments and agencies;
    • (C) advise the Secretary on the designation of sea grant colleges and sea grant institutes, and, if appropriate, on the termination or suspension of any such designation; and
    • (D) encourage the establishment and growth of sea grant programs, and cooperation and coordination with other Federal activities in fields related to ocean, coastal, and Great Lakes resources.
  • (3) With respect to sea grant colleges and sea grant institutes, the Director shall—
    • (A) evaluate and assess the performance of the programs of sea grant colleges and sea grant institutes, using the priorities, guidelines, and qualifications established by the Secretary under subsection (c), and determine which of the programs are the best managed and carry out the highest quality research, education, extension, and training activities;
    • (B) subject to the availability of appropriations, allocate funding among sea grant colleges and sea grant institutes so as to—
      • (i) promote healthy competition among sea grant colleges and institutes;
      • (ii) encourage collaborations among sea grant colleges and sea grant institutes to address regional and national priorities established under subsection (c)(1);
      • (iii) ensure successful implementation of sea grant programs;
      • (iv) to the maximum extent consistent with other provisions of this subchapter, provide a stable base of funding for sea grant colleges and institutes;
      • (v) encourage and promote coordination and cooperation between the research, education, and outreach programs of the Administration and those of academic institutions; and
      • (vi) encourage cooperation with Minority Serving Institutions to enhance collaborative research opportunities and increase the number of such students graduating in NOAA science areas; and
    • (C) ensure compliance with the guidelines for merit review under subsection (c)(2).

§ 1124. Program or project grants and contracts

• (a) 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.
• (b) 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).
• (c) 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)
  • (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;
  • (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.

§ 1126. Sea grant colleges and sea grant institutes

• (a)
  • (1) A sea grant college or sea grant institute shall meet the following qualifications—
    • (A) have an existing broad base of competence in fields related to ocean, coastal, and Great Lakes resources;
    • (B) make a long-term commitment to the objective in section 1121(b) of this title , as determined by the Secretary;
    • (C) cooperate with other sea grant colleges and institutes and other persons to solve problems or meet needs relating to ocean, coastal, and Great Lakes resources;
    • (D) have received financial assistance under section 1124 of this title ;
    • (E) be recognized for excellence in fields related to ocean, coastal, and Great Lakes resources (including marine resources management and science), as determined by the Secretary; and
    • (F) meet such other qualifications as the Secretary, in consultation with the Board, considers necessary or appropriate.
  • (2) The Secretary may designate an institution, or an association or alliance of two or more such institutions, as a sea grant college if the institution, association, or alliance—
    • (A) meets the qualifications in paragraph (1); and
    • (B) maintains a program of research, extension services, training, and education in fields related to ocean, coastal, and Great Lakes resources.
  • (3) The Secretary may designate an institution, or an association or alliance of two or more such institutions, as a sea grant institute if the institution, association, or alliance—
    • (A) meets the qualifications in paragraph (1); and
    • (B) maintains a program which includes, at a minimum, research and extension services.
• (b) Any institution, or association or alliance of two or more such institutions, designated as a sea grant college or awarded institutional program status by the Director prior to March 6, 1998 , shall not have to reapply for designation as a sea grant college or sea grant institute, respectively, after March 6, 1998 , if the Director determines that the institution, or association or alliance of institutions, meets the qualifications in subsection (a).
• (c) The Secretary may, for cause and after an opportunity for hearing, suspend or terminate any designation under subsection (a).
• (d) Subject to any regulations prescribed or guidelines established by the Secretary, it shall be the responsibility of each sea grant college and sea grant institute—
  • (1) to develop and implement, in consultation with the Secretary and the Board, a program that is consistent with the guidelines and priorities established under section 1123(c) of this title ; and
  • (2) to conduct a merit review of all proposals for grants and contracts to be awarded under section 1124 of this title .

§ 1127. Fellowships

• (a) To carry out the educational and training objectives of this subchapter, the Secretary shall support a program of fellowships for qualified individuals at the graduate and post-graduate level. The fellowships shall be related to ocean, coastal, and Great Lakes resources and awarded pursuant to guidelines established by the Secretary. The Secretary shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under this subsection.
• (b) The Secretary may award marine policy fellowships to support the placement of individuals at the graduate level of education in fields related to ocean, coastal and Great Lakes resources in positions with the executive and legislative branches of the United States Government. A fellowship awarded under this subsection shall be for a period of not more than 1 year.
• (c) Amounts available for fellowships under this section, including amounts accepted under section 1123(c)(4)(F) of this title or appropriated under section 1131 of this title to implement this section, shall be used only for award of such fellowships and administrative costs of implementing this section.

§ 1128. National Sea Grant Advisory Board

• (a) There shall be an independent committee to be known as the National Sea Grant Advisory Board.
• (b)
  • (1) The Board shall advise the Secretary and the Director concerning—
    • (A) strategies for utilizing the sea grant college program to address the Nation’s highest priorities regarding the understanding, assessment, development, management, utilization, and conservation of ocean, coastal, and Great Lakes resources;
    • (B) the designation of sea grant colleges and sea grant institutes; and
    • (C) such other matters as the Secretary refers to the Board for review and advice.
  • (2) The Board shall report to the Congress every two years on the state of the national sea grant college program. The Board shall indicate in each such report the progress made toward meeting the priorities identified in the strategic plan in effect under section 1123(c) of this title . The Secretary shall make available to the Board such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties under this subchapter.
• (c)
  • (1) The Board shall consist of 15 voting members who shall be appointed by the Secretary. The Director and a director of a sea grant program who is elected by the various directors of sea grant programs shall serve as nonvoting members of the Board. Not less than 8 of the voting members of the Board shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in one or more of the disciplines and fields included in marine science. The other voting members shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in, or representative of, education, marine affairs and resource management, coastal management, extension services, State government, industry, economics, planning, or any other activity which is appropriate to, and important for, any effort to enhance the understanding, assessment, development, management, utilization, or conservation of ocean, coastal, and Great Lakes resources. No individual is eligible to be a voting member of the Board if the individual is (A) the director of a sea grant college or sea grant institute; (B) an applicant for, or beneficiary (as determined by the Secretary) of, any grant or contract under section 1124 of this title ; or (C) a full-time officer or employee of the United States.
  • (2) The term of office of a voting member of the Board shall be 3 years for a member appointed before November 26, 2002 , and 4 years for a member appointed or reappointed after November 26, 2002 . The Director may extend the term of office of a voting member of the Board appointed before November 26, 2002 , by up to 1 year. At least once each year, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Board.
  • (3) Any individual appointed to a partial or full term may be reappointed for one additional full term. The Director may extend the term of office of a voting member of the Board once by up to 1 year.
  • (4) The Board shall select one voting member to serve as the Chairman and another voting member to serve as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman.
  • (5) Voting members of the Board shall—
    • (A) receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5 , when actually engaged in the performance of duties for such Board; and
    • (B) be reimbursed for actual and reasonable expenses incurred in the performance of such duties.
  • (6) The Board shall meet on a biannual basis and, at any other time, at the call of the Chairman or upon the request of a majority of the voting members or of the Director.
  • (7) The Board may exercise such powers as are reasonably necessary in order to carry out its duties under subsection (b).
  • (8) The Board may establish such subcommittees as are reasonably necessary to carry out its duties under subsection (b). Such subcommittees may include individuals who are not Board members.

§ 1129. Interagency cooperation

Each department, agency, or other instrumentality of the Federal Government which is engaged in or concerned with, or which has authority over, matters relating to ocean, coastal, and Great Lakes resources—

• (1) may, upon a written request from the Secretary, make available, on a reimbursable basis or otherwise any personnel (with their consent and without prejudice to their position and rating), service, or facility which the Secretary deems necessary to carry out any provision of this subchapter;
• (2) shall, upon a written request from the Secretary, furnish any available data or other information which the Secretary deems necessary to carry out any provision of this subchapter; and
• (3) shall cooperate with the Administration and duly authorized officials thereof.

§ 1131. Authorization of appropriations

• (a)
  • (1) There are authorized to be appropriated to the Secretary to carry out this subchapter—
    • (A) $72,000,000 for fiscal year 2009;
    • (B) $75,600,000 for fiscal year 2010;
    • (C) $79,380,000 for fiscal year 2011;
    • (D) $83,350,000 for fiscal year 2012;
    • (E) $87,520,000 for fiscal year 2013; and
    • (F) $91,900,000 for fiscal year 2014.
  • (2) In addition to the amounts authorized under paragraph (1), there are authorized to be appropriated for each of fiscal years 2009 through 2014—
    • (A) $5,000,000 for competitive grants for university research on the biology, prevention, and control of 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; 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)
  • (1) 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) Sums appropriated under the authority of subsection (a)(2) 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) In any fiscal year in which the appropriations made under subsection (a)(1) 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 performance assessments;
  • (2) regional or 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) Sums appropriated pursuant to this section shall remain available until expended.
• (e) 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.