Sec. 404. Administration
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/bill/116/hr/6191/ih/section-404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary— shall initiate a rulemaking process, not later than 1 year after the date of enactment of this Act, after consulting with relevant Federal agencies, coastal States, Indian Tribal governments within the meaning of such term in Executive Order 13175 (65 Fed. Reg. 67249), the Commonwealth of Puerto Rico, American Samoa, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and Regional Fishery Management Councils as established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852 ), to implement this Act, including— procedures to issue, modify, deny, revoke, or suspend an offshore aquaculture permit in accordance with this Act; procedures to coordinate the offshore aquaculture permitting process, with similar or complementary activities administered by other Federal agencies, Tribal governments, and coastal States; procedures to monitor and evaluate permit compliance to verify and confirm compliance with the requirements of this Act; procedures to transfer an offshore aquaculture permit from an original permit holder to a person that meets the requirements under section 201; procedures to minimize, as much as practicable, conflicts with existing uses in the exclusive economic zone; procedures to consider public-private partnerships; and standards for determining what types of feed may be employed in an offshore aquaculture facility in accordance with the requirements of section 303; shall promulgate such additional regulations as are necessary and appropriate to carry out this Act; and may amend a regulation, at any time, and the amended regulation shall apply, as of its effective date, to each offshore aquaculture permit issued under this Act, regardless of the date the permit was issued.
The Secretary may enter into and perform such contracts, leases, or cooperative agreements, and make and receive such grants or funds, as may be necessary to carry out this Act. For enforcement under this Act, the Secretary may use, with consent and with or without reimbursement, the land, services, equipment, personnel, and facilities of— any department, agency, or instrumentality of the United States; any State, local government, Indian Tribal government, Territory, or possession (or any political subdivision thereof); any foreign government; or international organization.
Except as provided under paragraph (2), the Secretary may apply for, accept, and obligate research grant funding from any Federal source operating a competitive grant program if the funding furthers the purposes of this Act. The Secretary may not apply for, accept, or obligate any research grant funding under paragraph
(1)if the granting agency lacks authority to grant funds to Federal agencies or for any purpose, or subject to any condition, that is prohibited by law or regulation. Appropriated funds may be used to satisfy a requirement to match grant funds with recipient agency funds, except that no grant may be accepted that requires a commitment in advance of appropriations. Funds received from a grant shall be deposited in the National Oceanic and Atmospheric Administration account that serves to accomplish the purpose for which the grant was awarded. Nothing in this Act shall be construed to displace, supersede, or limit the jurisdiction, responsibilities, or rights of any Federal or State agency, or Indian Tribe or Alaska Native organization, under any Federal law or treaty.
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- 65 FR 67249
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