33 U.S.C. § 4233

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 4233 - Agreement with the Marine Debris Foundation
(a) In general

The Secretary may offer to enter into an agreement, which may include a grant or cooperative agreement, under which the Marine Debris Foundation established under title I 1 may administer the prize competition.

(b) Requirements

An agreement entered into under subsection (a) shall comply with the following requirements:

(1) Duties

The Marine Debris Foundation shall-

(A) advertise the prize competition;
(B) solicit prize competition participants;
(C) administer funds relating to the prize competition;
(D) receive Federal and non-Federal funds-
(i) to administer the prize competition; and
(ii) to award a cash prize;
(E) carry out activities to generate contributions of non-Federal funds to offset, in whole or in part-
(i) the administrative costs of the prize competition; and
(ii) the costs of a cash prize;
(F) in the design and award of the prize, consult, as appropriate with experts from-
(i) Federal agencies with jurisdiction over the prevention of marine debris or the promotion of innovative materials;
(ii) State agencies with jurisdiction over the prevention of marine debris or the promotion of innovative materials;
(iii) State, regional, or local conservation or post-consumer materials management organizations, the mission of which relates to the prevention of marine debris or the promotion of innovative materials;
(iv) conservation groups, technology companies, research institutions, scientists (including those with expertise in marine environments) institutions of higher education, industry, or individual stakeholders with an interest in the prevention of marine debris or the promotion of innovative materials;
(v) experts in the area of standards development regarding the degradation, breakdown, or recycling of polymers; and
(vi) other relevant experts of the Board's choosing;
(G) in consultation with, and subject to final approval by, the Secretary, develop criteria for the selection of prize competition winners;
(H) provide advice and consultation to the Secretary on the selection of judges under section 4234 of this title based on criteria developed in consultation with, and subject to the final approval of, the Secretary;
(I) announce 1 or more annual winners of the prize competition;
(J) subject to paragraph (2), award 1 or more cash prizes biennially of not less than $100,000; and
(K) protect against unauthorized use or disclosure by the Marine Debris Foundation of any trade secret or confidential business information of a prize competition participant.
(2) Additional cash prizes

The Marine Debris Foundation may award more than 1 cash prize in a year-

(A) if the initial cash prize referred to in paragraph (1)(J) and any additional cash prizes are awarded using only non-Federal funds; and
(B) consisting of an amount determined by the Under Secretary after the Secretary is notified by the Marine Debris Foundation that non-Federal funds are available for an additional cash prize.
(3) Solicitation of funds

The Marine Debris Foundation-

(A) may request and accept Federal funds and non-Federal funds for a cash prize or administration of the prize competition;
(B) may accept a contribution for a cash prize in exchange for the right to name the prize; and
(C) shall not give special consideration to any Federal agency or non-Federal entity in exchange for a donation for a cash prize awarded under this section.

1 See References in Text note below.

33 U.S.C. § 4233

Pub. L. 116-224, title I, §123, Dec. 18, 2020, 134 Stat. 1082.

EDITORIAL NOTES

REFERENCES IN TEXTTitle I, referred to in subsec. (a), means title I of Pub. L. 116-224 which is classified principally to this subchapter, but probably should have been a reference to subtitle B of title I of Pub. L. 116-224 which is classified generally to part A of this subchapter and relates to the Marine Debris Foundation.

State
The term "State" means-(A) a State;(B) an Indian Tribe;(C) the District of Columbia;(D) a territory or possession of the United States; or(E) any political subdivision of an entity described in subparagraphs (A) through (D).
Under Secretary
The term "Under Secretary" means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration.
non-Federal funds
The term "non-Federal funds" means funds provided by-(A) a State;(B) an Indian Tribe;(C) a territory of the United States;(D) one or more units of local governments or Tribal organizations (as defined in section 5304 of title 25);(E) a foreign government;(F) a private for-profit entity;(G) a nonprofit organization; or(H) a private individual.
post-consumer materials management
The term "post-consumer materials management" means the systems, operation, supervision, and long-term management of processes and equipment used for post-use material (including packaging, goods, products, and other materials), including-(A) collection;(B) transport;(C) safe disposal of waste that cannot be recovered, reused, recycled, repaired, or refurbished; and(D) systems and processes related to post-use materials that can be recovered, reused, recycled, repaired, or refurbished.