Sec. 205. CONTRACTS AND GRANTS
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## SEC. 205 CONTRACTS AND GRANTS **[**[33 U.S.C. 1124](/us/usc/t33/s1124)**]** ###
(a)In General 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 202(b); 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 204(c)(4)(F) or that are appropriated under section 208(b). ###
(b)Special Grants The Secretary may make special grants under this subsection to implement the objective set forth in section 202(b). 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).5 5Section 4(b)(1)(B) of Public Law 102–186 attempted to amend section 205(b)(3) by striking “or section 206 of this title”. The words “of this title” probably should not have appeared. The amendment was executed according to the probable intent of Congress. The6 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 212. 6So in law. The flush matter following subsection (b)(3) probably should not include the indentation. See amendment made by section 6(2) of Public Law 110–394. ###
(c)Elegibility and Procedure 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 212. ####
(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.
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- Pub. L. 102-186
- Pub. L. 110-394
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