An Act to establish a program of ocean pollution research, development, and monitoring, and for other purposes.
PL 95-273 (S.1617), enacted 05/08/1978

92 STAT. 228 
PUBLIC LAW 95-273—MAY 8, 1978 
Public Law 95-273 
95th Congress 
An Act 
May 8, 1978 
IJIQ establish a program of ocean pollution research, development, and monitoring, 
[S. 1617] 
and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
National Ocean 
United States of America in Congress assembled, That this Act may 
Pollution 
}QQ cited as the "National Ocean Pollution Eesearch and Development 
Research and 
^^^ Monitoring Planning Act of 1978". 
Development and 
° 
° 
Monitoring 
SEC. 2. FINDINGS AND PURPOSES. 
^Q^^°^ ^^ °^ 
(^^ FINDINGS.—The Congress finds and declares the following: 
^^ lisr 1701 
^^^ Man's activities in the marine environment can have a pro-
jj^jg 
found short-term and long-term impact on such environment and 
33 use 1701. 
greatly aifect ocean and coastal resources therein. 
(2) There is a need to establish a comprehensive Federal plan 
for ocean pollution research and development and monitoring, 
with particular attention being given to the inputs, fates, and 
effects of pollutants in the marine environment. 
(3) Man will increasingly be forced to rely on ocean and coastal 
resources as other resoui'ces are depleted. Our ability to protect, 
preserve, develop, and utilize these ocean and coastal resources is 
directly related to our understanding of the effects which ocean 
pollution has upon such resources. 
(4) Numerous departments, agencies, and instrumentalities of 
the Federal Government sponsor, support, or fund activities relat-
ing to ocean pollution research and development and monitoring. 
However, such activities are often uncoordinated and can result 
in unnecessary duplication. 
(5) Better planning and more effective use of available funds, 
personnel, vessels, facilities, and equipment is the key to effective 
Federal action regarding ocean pollution research and develop-
ment and monitoring, 
(b) PURPOSES.—It is therefore the purpose of the Congress in this 
Act— 
(1) to establish a comprehensive 5-year plan for Federal ocean 
pollution research and development and monitoring pix)grams 
in order to provide planning for, coordination of, and dissemina-
tion of information with respect to such programs within the 
Federal Government; 
(2) to develop the necessary base of information to support, 
and to provide for, the rational, efficient, and equitable utilization, 
conservation, and development of ocean and coastal resources; 
and 
(3) to designate the National Oceanic and Atmospheric Admin-
istration as the lead Federal agency for preparing the plan 
referred to in paragraph (1) and to require the Administration 
to carry out a comprehensive program of ocean pollution research 
and development and monitoring under the plan. 
33 use 1702. 
SEC. 3. DEFINITIONS. 
As used in this Act, unless the context otherwise requires— 
(1) The term "Administration" means the National Oceanic 
and Atmospheric Administration. 
PUBLIC LAW 95-273—MAY 8, 1978 
92 STAT. 229 
(2) The term "Administrator" means the Administrator of the 
Administration. 
(3) The term "Director" means the Director of the Office of 
Science and Technology Policy in the Executive Office of the 
President. 
(4) The term "marine environment" means the coastal zone (as 
defined in section 304(1) of the Coastal Zone Management Act 
of 1972 (16 U.S.C. 1453(1))); the seabed, subsoil, and waters of 
the territorial sea of the United States; the waters of any zone 
over which the United States asserts exclusive fishery manage-
ment authority; the waters of the high seas; and the seabed and 
subsoil of and beyond the Outer Continental Shelf. 
(5) The term "ocean and coastal resource" has the same mean-
ing as is given such term in section 203(7) of the National Sea 
Grant Program Act (33 U.S.C. 1122(7)). 
(6) The term "ocean pollution" means any short-term or long-
term change in the marine environment. 
SEC. 4. C O M P R E H E N S I V E F E D E R A L P L A N R E L A T I N G TO 33 USC 1703. 
OCEAN POLLUTION. 
(a) LEAD AGENCY FOR PLAN.—The Administrator, in consultation Responsibility. 
with the Director and other appropriate Federal officials having 
authority over ocean pollution research and development and monitor-
ing programs, shall prepare, in accordance with this section, a compre-
hensive 5-year plan (hereinafter in this Act referred to as the "Plan") 
for the overall Federal effort in ocean pollution research and develop-
ment and monitoring. The Plan shall be prepared and submitted to Submittal to 
Congress and the President on or before February 15, 1979, and a President and 
revision of the Plan shall be prepared and so submitted by February 15 Congress, 
of each odd-numbered year occurring after 1979. 
(b) CONTENT or PLAN.—The Plan shall contain, but need not be 
limited to, the following elements: 
(1) ASSESSMENT AND ORDERING OF NATIONAL NEEDS AND PROB- 
National 
LEMS.—The Plan shall— 
priorities. 
(A) identify those national needs and problems, which 
relate to specific aspects of ocean pollution (including, but 
not limited to, the effects of ocean pollution on the economic, 
social, and environmental 
values of ocean and coastal 
resources), which exist and will arise during the Plan period; 
(B) establish the priority, based upon the value and cost 
of information which can be obtained from specific ocean 
pollution research and development and monitoring programs 
and projects, in which such needs should be met, and such 
problems should be solved, during the Plan period; and 
(C) contain, if pursuant to the preparation of any revi-
sion of the Plan required under subsection (a) it is deter-
mined that any national need or problem or priority set 
forth in the preceding version of the Plan should be changed, 
a detailed explanation of the reasons for the change. 
(2) EXISTING FEDERAL CAPABILITY.—The Plan shall contain— 
Existing Federal 
(A) a detailed listing of all existing Federal programs 
capability. 
relating to ocean pollution research and development and 
monitoring (including, but not limited to, general research on 
marine ecosystems), which listing shall include, with respect 
to each such program— 
(i) a catalogue of the Federal personnel, facilities, ves-
sels and other equipment currently assigned to, or used 
for, the program, and 
92 STAT. 230 
PUBLIC LAW 95-273—MAY 8, 1978 
Budget review. 
'Plan Period.' 
33 use 1704. 
Establishment. 
(ii) a detailed description of the existing goals and 
costs of the program, including, but not limited to, a 
categorical breakdown of the funds currently being 
expended, and planned to be expended, to conduct the 
program; and 
(B) an analysis of the extent to which each such program, 
if continued on the basis and at the funding level described 
pursuant to subparagraph (A) (ii), will assist in meeting the 
priorities set forth pursuant to paragraph (1) (B) during the 
Plan period. 
(3) POLICY RECOMMENDATIONS.—If it is determined, as a result 
of the analysis required to be made under paragraph (2) (B), 
that the priorities set forth pursuant to paragraph (1) (B) will 
not be adequately met during the Plan period using the existing 
Federal capability described pursuant to paragraph (2) (A), the 
Plan shall contain those recommendations for changes in the 
overall Federal effort in ocean pollution research and develop-
ment and monitoring which would ensure that those priorities are 
adequately met during the Plan period. Such recommendations 
may include, but need not be limited to— 
(A) changes in the goals to be achieved under various exist-
ing Federal ocean pollution research and development and 
monitoring programs; 
(B) suggested increases and decreases in the funding for 
any such existing program consistent with the extent to 
which such program contributes to the meeting of such 
priorities; 
(C) specific proposals for interagencv cooperation in cases 
in which the pooling of the resources of two or more Federal 
departments, agencies, or instrumentalities under existing 
programs could further efforts to meet such priorities or 
would eliminate duplication of effort; and 
(D) suggested legislation to establish new Federal pro-
grams considered to be necessary if such priorities are to be 
met. 
(4) BUDGET REVIEW.—The Plan shall contain a description of 
actions taken by the Administrator and the Director to coordinate 
the budget review process for the purpose of ensuring interagency 
coordination and cooperation in (A) the carrying out of Federal 
ocean pollution research and development and monitoring pro-
grams; and (B) eliminating unnecessary duplication of effort 
among such programs. 
(c) For purposes of this section, the term "Plan period" means— 
(1) with respect to the Plan as required to be submitted on 
February 15, 1979, the period of 5 fiscal years beginning on 
October 1,1978; and 
(2) with respect to each revision of the Plan, the period of 6 
fiscal years beginning on October 1 of the year before the year in 
which the revision is required to be prepared under subsection (a). 
SEC. 5. COMPREHENSIVE OCEAN POLLUTION PROGRAM 
IN THE ADMINISTRATION. 
(a) ESTABLISHMENT OF PROGRAM.—The Administrator shall estab-
lish within the Administration a comprehensive, coordinated, and 
effective ocean pollution research and development and monitoring 
program. The Administrator shall carry out all projects and activities 
under the program in a manner consistent with the Plan. 
PUBLIC LAW 95-273—MAY 8, 1978 
92 STAT. 231 
33 use 1705. 
Grants and 
contracts. 
(b) CONTENT OF THE PROGRAM.—The program required to be estab-
lished under subsection (a) shall include, but not be limited to— 
(1) all projects and activities relating to ocean pollution 
research and development and monitoring for which the Admin-
istrator has responsibility under provisions of law (including, 
but not limited to, title I I of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (33 U.S.C. 1441-1444)) other than para-
graph ( 2 ) ; 
^ 
(2) such projects and activities addressed to the priorities set 
forth in the Plan pursuant to section 4 ( b ) ( 1 ) ( B ) that can be 
appropriately conducted within the Administration; and 
(3) the provision of financial assistance under section 6. 
SEC. 6. FINANCIAL ASSISTANCE. 
(a) 
GRANTS AND CONTRACTS.—The Administrator may provide 
financial assistance in the form of grants or contracts for research and 
development and monitoring projects or activities which are needed 
to meet priorities set forth in the Plan pursuant to section 4(b) (1) (B), 
if such priorities are not being adequately addressed by any Federal 
department, agency, or instrumentality. 
(b) APPLICATIONS FOR ASSISTANCE.—Any person, including institu-
tions of higher education and departments, agencies, and instrumen-
talities of the Federal Grovernment or of any State or political 
subdivision thereof, may apply for financial assistance under this sec-
tion for the conduct of projects and activities described in subsection 
(a), and, in addition, specific proposals may be invited. Each applica-
tion for financial assistance shall be made in writing in such form and 
manner, and contain such information, as the Administrator may 
require. The Administrator may enter into contracts under this section 
without regard to section 3709 of the Revised Statutes of the United 
States (41 U.S.C. 5). 
(c) EXISTING PROGRAMS.—The projects and activities supported by 
grants or contracts made or entered into under this section shall, to the 
maximum extent practicable, be administered through existing Fed-
eral programs (including, but not limited to, the National Sea Grant 
Program) concerned with ocean pollution research and development 
. ,,, 
and monitoring. 
(d) ACTION BY ADMINISTRATOR.—The Administrator shall act upon 
each application for a grant or contract under this section within six 
months after the date on which all required information is received 
by the Administrator from the applicant. Each grant made or con-
tract entered into under this section shall be subject to such terms and 
conditions as the Secretary deems necessary in order to protect the 
interests of thcUnited States. The total amount paid pursuant to any 
such grant or contract may, in the discretion of the Administrator, be 
up to 100 percent of the total cost of the project or activity involved, 
(e) RECORDS.—Each recipient of financial assistance under this sec- 
Recordkeeping, 
tion shall keep such records as the Administrator shall prescribe, 
including records which fully disclose the amount and disposition by 
such recipient of the proceeds of such assistance, the total cost of the 
project or activity in connection with which such assistance was given 
or used, the amount of that portion of the cost of the project or activity 
which was supplied by other sources, and such other records as will 
facilitate an effective audit. Such records shall be maintained for three 
years after the completion of such project or activity. The Adminis-
trator and the Comptroller General of the United States, or any of 
their duly authorized representatives, shall have access, for the pur-
pose of audit and examination, to any books, documents, papers, and 
Contract 
authority. 
Accessibility. 
92 STAT. 232 
PUBLIC LAW 95-273—MAY 8, 1978 
records of receipts which, in the opinion of the Administrator or of 
the Comptroller General, may be related or pertinent to such financial 
assistance. 
33 use 1706. 
SEC. 7. INTERAGENCY COOPERATION. 
The head of each department, agency, or other instrumentality of 
the Federal Government which is engaged in or concerned with, or 
which has authority over, programs relating to ocean pollution 
research and development and monitoring— 
(1) shall cooperate with the Administrator in carrying out the 
purposes of this Act; 
(2) may, upon written request from the Administrator or 
Director, make available to the Administrator or Director, on a 
reimbursable basis or otherwise, such personnel (with their con-
sent and without prejudice to their position and rating), services, 
or facilities as may be necessary to assist the Administrator or the 
Director to achieve the purposes of this Act; and 
(3) shall, upon a written request from the Administrator or 
Director, furnish such data or other information as the Adminis-
trator or Director deems necessary to fulfill the purposes of this 
Act. 
33 use 1707. 
SEC. 8. DISSEMINATION OF INFORMATION. 
The Administrator shall ensure that the results, findings, and infor-
mation regarding ocean pollution research and development and 
monitoring programs conducted or sponsored by the Federal Govern-
ment be disseminated in a timely manner, and in useful forms, to 
relevant departments, agencies, and instrumentalities of the Federal 
Government, and to other persons having an interest in ocean pollution 
research and development and monitoring. 
33 use 1708. 
SEC. 9. EFFECT ON OTHER LAWS. 
Nothing in this Act shall be construed to amend, restrict, or other-
wise alter the authority of any Federal department, agency, or instru-
mentality, under any law, to undertake research and development and 
monitoring relating to ocean pollution. 
33 use 1709. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Administration for 
the purposes of carrying but this Act not to exceed $5,000,000 for the 
fiscal year ending September 30,1979. 
Approved May 8, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-626 pt. 1 (eomm. on Science and Technology) and 95-626 
pt. 2 (eomm. on Merchant Marine and Fisheries). 
eONGRESSIONAL REeORD: 
Vol. 123 (1977): Aug. 3, considered and passed Senate. 
Vol. 124 (1978): Feb. 28, considered and passed House, amended. 
Apr. 24, Senate agreed to House amendment.