33 U.S.C. § 1122

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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 of this title.

(3) the ² 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.

¹ See References in Text note below.

² So in original. Probably should be capitalized.

33 U.S.C. § 1122

Pub. L. 89-454, title II, §203, as added Pub. L. 89-688, §1, Oct. 15, 1966, 80 Stat. 999; amended Pub. L. 90-477, §1(1), Aug. 11, 1968, 82 Stat. 704; Pub. L. 91-349, July 23, 1970, 84 Stat. 448; Pub. L. 93-73, §1(1), (5), July 10, 1973, 87 Stat. 170; Pub. L. 94-461, §2, Oct. 8, 1976, 90 Stat. 1962; Pub. L. 95-428, §2(b), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96-289, §1(1), June 28, 1980, 94 Stat. 605; Pub. L. 100-220, title III, §3104(a), (b) (1)(C), Dec. 29, 1987, 101 Stat. 1470; Pub. L. 102-186, §5(b)(1), Dec. 4, 1991, 105 Stat. 1284; Pub. L. 102-251, title III, §307(a), Mar. 9, 1992, 106 Stat. 66; Pub. L. 105-160, §4(a), Mar. 6, 1998, 112 Stat. 21; Pub. L. 105-174, title III, §100030003,, 112 Stat. 99; Pub. L. 110-394, §§4, Oct. 13, 2008, 9, Oct. 13, 2008, 122 Stat. 4206, 4208.

EDITORIAL NOTES

REFERENCES IN TEXTSection 1123 of this title, referred to in par. (2), was amended generally by Pub. L. 105-160, §5, Mar. 6, 1998, 112 Stat. 22, and, as so amended, provisions relating to appointment of the Director of the National Sea Grant College Program, which formerly appeared in subsec. (b), are contained in subsec. (d).

AMENDMENTS2008-Par. (4). Pub. L. 110-394, §4(a)(1), inserted "management," after "development,".Par. (6)(F), (G). Pub. L. 110-394, §4(b), repealed section 307(a) of Pub. L. 102-251. See 1992 Amendment note below.Par. (9). Pub. L. 110-394, §9(a)(4)(B), amended par. (9) generally. Prior to amendment, par. (9) read as follows: "The term 'panel' means the sea grant review panel established under section 1128 of this title."Par. (11). Pub. L. 110-394, §4(a)(2), substituted "extension services" for "advisory services".Pars. (12), (13). Pub. L. 110-394, §4(a)(3), made technical amendment to reference in original act which appears in text as reference to "section 1126 of this title", requiring no change in text.1998-Par. (3). Pub. L. 105-160, §4(a)(1), substituted "his or her" for "their university or" and "college or sea grant institute" for "college, programs, or regional consortium".Par. (4). Pub. L. 105-160, §4(a)(2), added par. (4) and struck out former par. (4) which read as follows: "The term 'field related to ocean, coastal, and Great Lakes resources' means any discipline or field (including marine science (and the physical, natural, and biological sciences, and engineering, included therein), marine technology, education, marine affairs and resource management, economics, sociology, communications, planning, law, international affairs, and public administration) which is concerned with or likely to improve the understanding, assessment, development, utilization, or conservation of ocean, coastal, and Great Lakes resources."Par. (5). Pub. L. 105-174, §10003(1), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: "The term 'Great Lakes' includes Lake Champlain." Pub. L. 105-160, §4(a)(3), added par. (5). Former par. (5) redesignated (7).Par. (6). Pub. L. 105-174, §10003(1), redesignated par. (7) as (6). Former par. (6) redesignated (5). Pub. L. 105-160, §4(a)(3), added par. (6). Former par. (6) redesignated (8).Par. (7). Pub. L. 105-174, §10003, redesignated par. (8) as (7), added subpar. (C), and redesignated former subpars. (C) to (F) as (D) to (G), respectively. Former par. (7) redesignated (6). Pub. L. 105-160, §4(a)(3), redesignated par. (5) as (7). Former par. (7) redesignated (9).Pars. (8) to (10). Pub. L. 105-174, §10003(1), redesignated pars. (9) to (11) as (8) to (10), respectively. Former par. (8) redesignated (7). Pub. L. 105-160, §4(a)(3), redesignated pars. (6) to (8) as (8) to (10), respectively. Former pars. (9) and (10) redesignated (11) and (12), respectively. Par. (11). Pub. L. 105-174, §10003(1), redesignated par. (12) as (11). Former par. (11) redesignated (10). Pub. L. 105-160, §4(a)(3), (4), redesignated par. (9) as (11) and substituted "institute or other institution" for "regional consortium, institution of higher education, institute, or laboratory". Former par. (11) redesignated (13). Pars. (12) to (17). Pub. L. 105-174, §10003(1), redesignated pars. (13) to (17) as (12) to (16), respectively. Former par. (12) redesignated (11). Pub. L. 105-160, §4(a)(5), added pars. (12) to (17) and struck out former pars. (12) to (17) which defined "sea grant college", "sea grant program", "sea grant regional consortium", "Secretary", "State", and "Under Secretary", respectively. Pub. L. 105-160, §4(a)(3), redesignated pars. (10) to (15) as (12) to (17), respectively. 1992-Par. (6)(F), (G). Pub. L. 102-251, §307(a), which directed addition of subpar. (F) and redesignation of former subpar. (F) as (G), was repealed by section 4(b) of Pub. L. 110-394. See Effective Date of 1992 Amendment note below.1991-Par. (4). Pub. L. 102-186 inserted "marine affairs and resource management," after "education,". 1987-Pars. (2), (3). Pub. L. 100-220, §3104(a)(1), (2), added par. (3), redesignated former par. (3) as (2), and struck out former par. (2) which read as follows: "The term 'Administrator' means the Administrator of the National Oceanic and Atmospheric Administration."Par. (4). Pub. L. 100-220, §3104(b)(1)(C), substituted "ocean, coastal, and Great Lakes resources" for "ocean and coastal resources" in two places. Par. (6). Pub. L. 100-220, §3104(a)(3), added par. (6) and struck out former par. (6) which read as follows: "The term 'marine environment' means the coastal zone, as defined in section 1453(1) of title 16; the seabed, subsoil, and waters of the Great Lakes and the territorial sea of the United States; the waters of any zone over which the United States asserts exclusive fishery management authority; the waters of the high seas; and the seabed and subsoil of and beyond the outer Continental Shelf." Par. (7). Pub. L. 100-220, §3104(a)(3), added par. (7) and struck out former par. (7) which read as follows: "The term 'ocean and coastal resource' means any resource (whether living, nonliving, manmade, tangible, intangible, actual, or potential) which is located in, derived from, or traceable to, the marine environment. Such term includes the habitat of any such living resource, the coastal space, the ecosystems, the nutrient-rich areas, and the other components of the marine environment which contribute to or provide (or which are capable of contributing to or providing) recreational, scenic, esthetic, biological, habitational, commercial, economic, or conservation values. Living resources include natural and cultured plant life, fish, shellfish, marine mammals, and wildlife. Nonliving resources include energy sources, minerals, and chemical substances."Par. (11). Pub. L. 100-220, §3104(b)(1)(C), substituted "ocean, coastal, and Great Lakes resources" for "ocean and coastal resources". Par. (15). Pub. L. 100-220, §3104(a)(4), added par. (15). 1980-Par. (6). Pub. L. 96-289 extended term "marine environment" to include waters of Great Lakes. 1978- Pub. L. 95-428 substituted "national sea grant college program" for "national sea grant program". 1976- Pub. L. 94-461 substituted provisions defining terms used in this subchapter for provisions designating Secretary of Commerce as administering authority for national sea grant program and authorizing appropriations through fiscal 1976.1973-Subsec. (a). Pub. L. 93-73, §1(5), substituted "Secretary of Commerce" and "Secretary" for "National Science Foundation" and "Foundation", respectively. Subsec. (b)(1). Pub. L. 93-73, §1(1), (5), authorized appropriations of $30,000,000; $40,000,000; and $50,000,000 for fiscal years ending June 30, 1974, 1975, and 1976, and substituted "Secretary" for "Foundation". 1970-Subsec. (b)(1). Pub. L. 91-349 authorized appropriations for fiscal year ending June 30, 1971, not to exceed the sum of $20,000,000, for fiscal year ending June 30, 1972, not to exceed the sum of $25,000,000, and for fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000.1968-Subsec. (b)(1). Pub. L. 90-477 authorized appropriations for fiscal year ending June 30, 1969, not to exceed the sum of $6,000,000, and for fiscal year ending June 30, 1970, not to exceed the sum of $15,000,000.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-251 effective on date on which Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102-251 set out as a note under section 773 of Title 16, Conservation.

EXECUTIVE DOCUMENTS

TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.