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
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
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
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 (
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
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
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
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
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
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
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
Programs:
1)
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)
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