Department Financial Assistance Program Statutory Authorities

 

Department of Commerce Appropriations Acts

 

Pub. L. No. 108-7 contains the Departments appropriations for fiscal year 2003 and provides the authority for a number of assistance programs, as noted below.

 

 

Pub. L. No. 108-135 is the continuing resolution which funds the department through January 31, 2004. It extends the authorities contained in Pub. L. No. 108-7.

 

 

Economic Development Administration

 

1. Public Works and Economic Development Facilities Assistance

Statute: 42 U.S.C. §3143

 

 

2. Planning Assistance for Economic Development Districts, Indian Tribes, States, and Other Planning Organizations

Statute: 42 U.S.C. §3143

 

 

3. Technical Assistance – National, Local and University Centers

Statute: 42 U.S.C. §3147

 

4. Economic Adjustment Assistance

Statute: 42 U.S.C. §3149

 

5. Research and Evaluation

Statute: 42 U.S.C. §3147

 

6. Trade Adjustment Assistance

Statute: 19 U.S.C. §§2341-2391

 

 

International Trade Administration

 

1. Market Development Cooperator Program (MDCP)

Statute: 15 U.S.C. §4723

 

 

2. Special American Business Internship Program (SABIT)

Statute: 15 U.S.C. §2395(b)

 

3. Export promotion

Statute: Pub. L. No. 108-7

 

Minority Business Development Agency

 

1. Minority Business Development Centers

Authority:  E.O. 11625, 15 U.S.C. § 1512, and Pub. L. No. 108-7

 

2. Native American Business Development Centers

Authority:  E.O. 11625, 15 U.S.C. § 1512, and Pub. L. No. 108-7

 

 

National Oceanic and Atmospheric Administration

 

National Marine Fisheries Services Programs

 

1.  CFDA 11.405 Anadromous Fish Conservation Act Program

The Anadromous Fish Conservation Act (Pub. L. 89-304, as amended, 16 U.S.C. 757a-f)

authorizes the Secretary to enter into cooperative agreements to protect anadromous and Great Lakes fishery resources.  50 CFR Part 401 (Joint NMFS-FWS regulations applicable to this program) http://www.access.gpo.gov/nara/cfr/waisidx_01/50cfr401_01.html

 

16 U.S.C. 757a  http://www4.law.cornell.edu/uscode/16/757a.html

Formula and matching requirements:

1) Federal share shall not exceed 50% of program costs exclusive of the value of any Federal land involved;

2) Whenever two or more States having a common interest in any basin jointly enter into a cooperative agreement with the Secretary under this program, the Federal share of the program costs shall be increased to a maximum of 66 2/3%;

3) If State has implemented an interstate fisheries management plan for anadromous fishery resources, prepared by an interstate commission, the Federal share shall be up to 90 percent.

 

2.  CFDA 11.407 Interjurisdictional Fisheries Act of 1986

This Act ( Pub. L. 99-659, as amended, 16 U.S.C. 4101-4107) authorizes the Secretary to apportion funds to the States for use in developing research programs to enhance management of interjurisdictional fisheries.  Secretary must use specified statutory criteria to make funding recommendations.  Also authorizes Secretary to fund interstate fishery commissions and disaster programs.  50 CFR Part 253 (Regulations applicable to this program) http://www.access.gpo.gov/nara/cfr/waisidx_01/50cfr253_01.html

 

Programs:

1)  State Projects 16 U.S.C. 4104 http://www4.law.cornell.edu/uscode/16/4104.html

Formula and matching requirements:

Federal share shall not exceed 75 percent of the total estimated cost of the project, unless– (A) the State has adopted an interstate fishery management plan for the resource to which the project applies; or (B) the State has adopted fishery regulations which the Secretary has determined are consistent with any Federal fishery management plan for the species to which the project applies, in which case the Federal share shall not exceed 90 percent of the total estimated cost of the project.

 

2) State Projects (enforcement expenses - up to 25K) 16 U.S.C. 4104(b) http://www4.law.cornell.edu/uscode/16/4104.html

 

3) Development of Management Plans - Interstate Fisheries Commissions 16 U.S.C. 4107(c)

http://www4.law.cornell.edu/uscode/16/4107.html

 

4) IFA Disaster Programs http://www4.law.cornell.edu/uscode/16/4107.html

Formula and matching requirements:

 a. 16 U.S.C. 4107(b) -  Federal share shall be 75% of the cost of the activity;

 b. 4107(d) assistance to commercial fishermen (notice and comment required - no cost share).

 

3.  CFDA 11.427 Fisheries Development & Utilization Resources Development Grants

The Saltonstall-Kennedy Act (15 U.S.C. 713c-3, as amended) authorizes the Secretary to provide federal assistance for fisheries research and development programs.  Funding authority is 15 U.S.C. 713c-3(c) and includes required statutory criteria.  http://www4.law.cornell.edu/uscode/15/713c-3.html

Formula and matching requirements:

No statutory requirement but a cost share requirement is established by program discretion in the annual Federal Register notice.

 

4.  CFDA 11.433 Marine Fisheries Initiative MARFIN

15 U.S.C. 713c-3(d) http://www4.law.cornell.edu/uscode/15/713c-3.html (National fisheries research and development program - S-K Act)

16 U.S.C. 753a  http://www4.law.cornell.edu/uscode/16/753a.html (Fish & Wildlife Act - colleges and universities, game and fish departments and non profit organizations excludes for profits)

16 U.S.C. 760a (New England program only)  http://www4.law.cornell.edu/uscode/16/760a.html

 

Formula and matching requirements:

No statutory requirement but a cost share requirement is established by program discretion in the annual Federal Register notice.

 

5.  CFDA 11.434 Cooperative Fishery Statistics

[states, councils, marine fisheries commissions - 16 U.S.C. 1881a(d)] http://www4.law.cornell.edu/uscode/16/1881a.html (Magnuson-Stevens Fishery Conservation and Management Act - fisheries data collection and research by states, councils, marine fisheries commissions)

16 U.S.C. 753a  http://www4.law.cornell.edu/uscode/16/753a.html (Fish & Wildlife Act - colleges and universities, game and fish departments and non profit organizations excludes for profits)

 

6.  CFDA 11.435 Southeast Area Monitoring & Assessment

16 U.S.C. 753a  http://www4.law.cornell.edu/uscode/16/753a.html (Fish & Wildlife Act -  colleges and universities, game and fish departments and non profit organizations excludes for profits)

 

7.  CFDA 11.436 Columbia River Fisheries Development Act

This Act (Mitchell Act, Pub. L. 79-676, as amended, 16 U.S.C. 755-757)  authorizes the Secretary to conduct activities for conservation of fishery resources in the Columbia River Basin.  The Act specifically directs that salmon hatcheries are established, that engineering and biological surveys and experiments be conducted, and that protective fish devices be installed.  It also authorizes agreements with State fishery agencies and the construction of facilities on state owned lands.

http://www4.law.cornell.edu/uscode/16/755.html

http://www4.law.cornell.edu/uscode/16/756.html

http://www4.law.cornell.edu/uscode/16/755.html

8.  CFDA 11.437 West Coast Fisheries Data Program

16 U.S.C. 1881a(d) http://www4.law.cornell.edu/uscode/16/1881a.html

 (Magnuson-Stevens Fishery Conservation and Management Act - fisheries data collection and research by states, councils, marine fisheries commissions).

 

9.  CFDA 11.438 Pacific Salmon Treaty

This statute, 16 U.S.C. 3631 et seq., authorizes the Secretary to cooperate with other Federal agencies and to provide assistance to States, Treaty Indian tribes and private institutions and organizations serving on the Pacific Salmon Treaty Commission to implement the Treaty between the Government of the United States of America and the Government of Canada Concerning Pacific Salmon.  It also allocates funds to the States of Alaska, Washington, Oregon and California and the Pacific Coastal and Columbia River tribes to implement subawards and programs.

 

Programs:

1)   Treaty Commission- authorization of appropriations for travel, commission expenses, research, enhancement and other activities to carry out purpose of the Treaty. 16 U.S.C. 3641.     http://www4.law.cornell.edu/uscode/16/3641.html

 

2)  Pacific Coastal Salmon Recovery program, 16 U.S.C. 3645(d)(2) [AK, CA, OR, WA, Pacific Coastal and Columbia River tribes].  http://www4.law.cornell.edu/uscode/16/3645.html

 

10.  CFDA 11.439 Marine Mammal Program

Marine Mammal Protection Act of 1972, as amended, 16 U.S.C. 1361 et seq.; Marine Mammal Rescue Assistance Act of 2000, 16 U.S.C. 1461f-1.

 

Programs:

1)  Marine Mammal Research Grants, 16 U.S.C. 1380, 1382. http://www4.law.cornell.edu/uscode/16/1380.html

http://www4.law.cornell.edu/uscode/16/1382.html

2)  Gear development grants, 16 U.S.C. 1381. http://www4.law.cornell.edu/uscode/16/1381

3)  John H. Prescott Marine Mammal Rescue Assistance Grant Program, 16 U.S.C. 1421f-1 Formula and matching requirements: http://www4.law.cornell.edu/uscode/16/1421f-1.html

Non-Federal share shall be 25% of the cost of the activity;  awards cannot exceed $100,000 Federal Share.

4) Marine Mammal Cooperative Agreements in Alaska, 16 U.S.C. 1388. http://www4.law.cornell.edu/uscode/16/1388.html

 

11. CFDA 11.441 Regional Fishery Management Councils

http://www.access.gpo.gov/nara/cfr/waisidx_01/50cfr600_01.html

 

Programs: http://www4.law.cornell.edu/uscode/16/1421f-1

1)  Administrative and Operational 16 U.S.C. 1852  http://www4.law.cornell.edu/uscode/16/1852.html

2)  Other discretionary programs/research  16 U.S.C. 1881a(d) http://www4.law.cornell.edu/uscode/16/1881a.html

 

12.  CFDA 11.445 Stock Enhancement of Marine Fish in Hawaii

16 U.S.C. 661 http://www4.law.cornell.edu/uscode/16/661.html (Fish & Wildlife Coordination Act - state governments, public or private agencies and organizations, including non profits and for profits).

16 U.S.C. 1881c http://www4.law.cornell.edu/uscode/16/1881c.html (Magnuson-Stevens Fishery Conservation and Management Act - fisheries research).

 

13.  CFDA 11.452 Unallied Industry

16 U.S.C. 661 http://www4.law.cornell.edu/uscode/16/661.html (Fish & Wildlife Coordination Act - state governments, public or private agencies and organizations, including non profits and for profits).

16 U.S.C. 742f http://www4.law.cornell.edu/uscode/16/742f.html (includes authority for development, advancement, management, conservation, and protection of fish and wildlife resources, but is not limited to research, development of existing facilities, and acquisition by purchase or exchange of land and water or other interests).

16 U.S.C. 1881c  http://www4.law.cornell.edu/uscode/16/1881c.html (Magnuson-Stevens Fishery Conservation and Management Act - fisheries research).

 

14.  CFDA 11.454 Unallied Management

16 U.S.C. 661 http://www4.law.cornell.edu/uscode/16/661.html (Fish & Wildlife Coordination Act - state governments, public or private agencies and organizations, including non profits and for profits).

16 U.S.C. 742f  http://www4.law.cornell.edu/uscode/16/742f.html (includes authority for development, advancement, management, conservation, and protection of fish and wildlife resources, but is not limited to research, development of existing facilities, and acquisition by purchase or exchange of land and water or other interests).

16 U.S.C. 1881c  http://www4.law.cornell.edu/uscode/16/1881c.html (Magnuson-Stevens Fishery Conservation and Management Act - fisheries research).

 

15.  CFDA 11.455 Cooperative Science & Education

16 U.S.C. 753a  http://www4.law.cornell.edu/uscode/16/753a.html (Fish & Wildlife Act - colleges and universities, game and fish departments and non profit organizations; excludes for profits).

15 U.S.C. 1540 http://www4.law.cornell.edu/uscode/15/1540.html http://www4.law.cornell.edu/uscode/16/1540.html (Secretary is authorized to enter into cooperative agreements with any non profit organization to aid and promote scientific and educational activities to foster public understanding of the National Oceanic and Atmospheric Administration or its programs).

16.  CFDA 11.457 Chesapeake Bay Studies

Programs:

1) Chesapeake Bay Stock Assessment

16 U.S.C. 753a  http://www4.law.cornell.edu/uscode/16/753a.html (Fish & Wildlife Act - colleges and universities, game and fish departments and non profit organizations; excludes for profits).

16 U.S.C. 661 http://www4.law.cornell.edu/uscode/16/661.html (Fish & Wildlife Coordination Act - state governments, public or private agencies and organizations, including non profits and for profits).

2) Environmental Education

16 U.S.C. 753a  http://www4.law.cornell.edu/uscode/16/753a.html (Fish & Wildlife Act - colleges and universities, game and fish departments and non profit organizations; excludes for profits).

15 U.S.C. 1540  http://www4.law.cornell.edu/uscode/15/1540.html

(Secretary is authorized to enter into cooperative agreements with any non profit organization to aid and promote scientific and educational activities to foster public understanding of the National Oceanic and Atmospheric Administration or its programs).

 

17.  CFDA 11.463 Habitat Conservation

16 U.S.C. 661 http://www4.law.cornell.edu/uscode/16/661.html (Fish & Wildlife Coordination Act - state governments, public or private agencies and organizations, including non profits and for profits).

16 U.S.C. 742f  http://www4.law.cornell.edu/uscode/16/742f.html (includes authority for development, advancement, management, conservation, and protection of fish and wildlife resources, but is not limited to research, development of existing facilities, and acquisition by purchase or exchange of land and water or other interests).

 

Other Habitat Conservation Programs:

 1)  16 U.S.C. 1535 Endangered Species Act Projects http://www4.law.cornell.edu/uscode/16/1535.html

Formula and matching requirements under the Endangered Species Act:

a) Federal share shall not exceed 75 percent of the estimated program cost;

b) Federal share may be increased to 90 percent whenever two or more States having a common interest in one or more endangered or threatened species, the conservation of which may be enhanced by cooperation of such States, enter jointly into an agreement with the Secretary.

http://www.access.gpo.gov/nara/cfr/waisidx_01/50cfr402_01.html

2) CWPPRA Projects only -  16 U.S.C. 3951 et. seq.

Formula and matching requirements are at 16 U.S.C. 3952, 3953, and 3954, as applicable.

http://www4.law.cornell.edu/uscode/16/3952.html

http://www4.law.cornell.edu/uscode/16/3953.html

http://www4.law.cornell.edu/uscode/16/3954.html

 

3) 16 U.S.C. 1282 Wild and Scenic Rivers Act  http://www4.law.cornell.edu/uscode/16/1282.html   (Provides authority for the Secretary to cooperate with States or their political subdivisions, landowners, private organizations, or individuals to plan, protect, and manage river resources).

 

18.  CFDA 11.472 Unallied Science Projects

16 U.S.C. 753a  http://www4.law.cornell.edu/uscode/16/753a.html (Fish & Wildlife Act - colleges and universities, game and fish departments and non profit organizations; excludes for profits).

16 U.S.C. 661 http://www4.law.cornell.edu/uscode/16/661.html (Fish & Wildlife Coordination Act - state governments, public or private agencies and organizations, including non profits and for profits).

 

19.  CFDA 11.474 Atlantic Coastal Act Program Cooperative Management Act

16 U.S.C. 5101 et. seq (authorizes the Secretary to provide financial assistance to support and encourage the development, implementation, and enforcement of effective interstate conservation and management of Atlantic Coastal fish resources).

 

16 U.S.C. 5107  http://www4.law.cornell.edu/uscode/16/5107.html

 

20.  CFDA 11.477 Fisheries Disaster Relief

16 U.S.C. 1861a(a)  http://www4.law.cornell.edu/uscode/16/1861a.html

Formula and matching requirements: Federal Share shall not exceed 75% of cost of activity.

 

 

National Telecommunications and Information Administration (NTIA)

 

1. Public Telecommunications Facilities Program (PTFP)

 

Statute: 47 U.S.C§ 390-393, 397-399(b)   CFDA 11.550      

 

These authorities authorize the Secretary to provide grants to assist in the planning, acquisition, installation and modernization of public telecommunications facilities in order to: a) extend delivery of public telecommunications services to as many citizens as possible by the most efficient and economical means, including broadcast and non-broadcast technologies; b) increase public telecommunications services and facilities available to, operated and owned by minorities and women; and c) strengthen the capacity of existing public television and radio stations to provide public telecommunications services.

 

2. CFDA 11.552 Technology Opportunities Program

 

Statute: 47 U.S.C. §§ 390 – 392 and Pub. L. No. 108-199   CFDA 11.552

 

These authorities authorize the Secretary to provide matching grants for the planning and construction of telecommunications networks for the provision of educational, health care or public information.  Projects are intended to promote availability and widespread use of advanced telecommunications and information technologies in the public and nonprofit sectors. 

 

 

 

Office of the Secretary

 

Internships for Postsecondary Students

Statute:  5 U.S.C. § 7201