[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5403]
TITLE 16--CONSERVATION
CHAPTER 74--NATIONAL MARITIME HERITAGE
Sec. 5403. National Maritime Heritage Grants Program
(a) Establishment
There is hereby established within the Department of the Interior
the National Maritime Heritage Grants Program, to foster in the American
public a greater awareness and appreciation of the role of maritime
endeavors in our Nation's history and culture. The Program shall consist
of--
(1) annual grants to the National Trust for Historic
Preservation for subgrants administered by the National Trust for
maritime heritage education projects under subsection (b) of this
section;
(2) grants to State Historic Preservation Officers for maritime
heritage preservation projects carried out or administered by those
Officers under subsection (c) of this section; and
(3) grants for interim projects under subsection (j) of this
section.
(b) Grants for maritime heritage education projects
(1) Grants to National Trust for Historic Preservation
The Secretary, subject to paragraphs (2), (3), and (4), and the
availability of amounts for that purpose under section 5405(b)(1)(A)
of this title, shall make an annual grant to the National Trust for
maritime heritage education projects.
(2) Use of grants
Amounts received by the National Trust as an annual grant under
this subsection shall be used to make subgrants to State and local
governments and private nonprofit organizations to carry out
education projects which have been approved by the Secretary under
subsection (f) of this section and which consist of--
(A) assistance to any maritime museum or historical society
for--
(i) existing and new educational programs, exhibits,
educational activities, conservation, and interpretation of
artifacts and collections;
(ii) minor improvements to educational and museum
facilities; and
(iii) other similar activities;
(B) activities designed to encourage the preservation of
traditional maritime skills, including--
(i) building and operation of vessels of all sizes and
types for educational purposes;
(ii) special skills such as wood carving, sail making,
and rigging;
(iii) traditional maritime art forms; and
(iv) sail training;
(C) other educational activities relating to historic
maritime resources, including--
(i) maritime educational waterborne-experience
programs in historic vessels or vessel reproductions;
(ii) maritime archaeological field schools; and
(iii) educational programs on other aspects of maritime
history;
(D) heritage programs focusing on maritime historic
resources, including maritime heritage trails and corridors; or
(E) the construction and use of reproductions of historic
maritime resources for educational purposes, if a historic
maritime resource no longer exists or would be damaged or
consumed through direct use.
(c) Grants for maritime heritage preservation projects
(1) Grants to State Historic Preservation Officers
The Secretary, acting through the National Maritime Initiative
of the National Park Service and subject to paragraphs (2) and (3),
and the availability of amounts for that purpose under section
5405(b)(1)(B) of this title, shall make grants to State Historic
Preservation Officers for maritime heritage preservation projects.
(2) Use of grants
Amounts received by a State Historic Preservation Officer as a
grant under this subsection shall be used by the Officer to carry
out \1\ or to make subgrants to local governments and private
nonprofit organizations to carry out, projects which have been
approved by the Secretary under subsection (f) of this section for
the preservation of historic maritime resources through--
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\1\ So in original. Probably should be followed by a comma.
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(A) identification of historic maritime resources, including
underwater archaeological sites;
(B) acquisition of historic maritime resources for the
purposes of preservation;
(C) repair, restoration, stabilization, maintenance, or
other capital improvements to historic maritime resources, in
accordance with standards prescribed by the Secretary; and
(D) research, recording (through drawings, photographs, or
otherwise), planning (through feasibility studies, architectural
and engineering services, or otherwise), and other services
carried out as part of a preservation program for historic
maritime resources.
(d) Criteria for direct grant and subgrant eligibility
To qualify for a subgrant from the National Trust under subsection
(b) of this section, or a direct grant to or a subgrant from a State
Historic Preservation Officer under subsection (c) of this section, a
person must--
(1) demonstrate that the project for which the direct grant or
subgrant will be used has the potential for reaching a broad
audience with an effective educational program based on American
maritime history, technology, or the role of maritime endeavors in
American culture;
(2) match the amount of the direct grant or subgrant, on a 1-to-
1 basis, with non-Federal assets from non-Federal sources, which may
include cash or donated services fairly valued as determined by the
Secretary;
(3) maintain records as may be reasonably necessary to fully
disclose--
(A) the amount and the disposition of the proceeds of the
direct grant or subgrant;
(B) the total cost of the project for which the direct grant
or subgrant is made; and
(C) other records as may be required by the Secretary,
including such records as will facilitate an effective
accounting for project funds;
(4) provide access to the Secretary for the purposes of any
required audit and examination of any books, documents, papers, and
records of the person; and
(5) be a unit of State or local government, or a private
nonprofit organization.
(e) Procedures, terms, and conditions
(1) Application procedures
An application for a subgrant under subsection (b) of this
section, or a direct grant or subgrant under subsection (c) of this
section, shall be submitted under procedures prescribed by the
Secretary.
(2) Terms and conditions
A person may not receive a subgrant under subsection (b) of this
section, or a direct grant or subgrant under subsection (c) of this
section, unless the person has agreed to assume, after completion of
the project for which the direct grant or subgrant is awarded, the
total cost of the continued maintenance, repair, and administration
of any property for which the subgrant will be used in a manner
satisfactory to the Secretary.
(f) Review of proposals
(1) Committee recommendations
The National Maritime Heritage Grants Committee shall review
applications for subgrants under subsection (b) of this section, and
direct grants or subgrants under subsection (c) of this section, and
submit recommendations to the Secretary regarding projects which
should receive funding under those direct grants and subgrants.
(2) Allocation of grant funding
To the extent feasible, the Secretary shall ensure that the
amount made available under subsection (b) of this section for
maritime heritage education projects is equal to the amount made
available under subsection (c) of this section for maritime heritage
preservation projects.
(3) Limitation
The amount provided by the Secretary in a fiscal year as grants
under this section for projects relating to historic maritime
resources owned or operated by the Federal Government shall not
exceed 40 percent of the total amount available for the fiscal year
for grants under this section.
(g) Direct grants and subgrants process
(1) Direct grants and subgrants solicitation
The Secretary shall publish annually in the Federal Register and
otherwise as the Secretary considers appropriate--
(A) a solicitation of applications for direct grants and
subgrants under this section;
(B) a list of priorities for the making of those direct
grants and subgrants;
(C) a single deadline for the submission of applications for
those direct grants and subgrants; and
(D) other relevant information.
(2) Receipt and approval or disapproval of direct grant and
subgrant applications
Within 60 days after the submission of recommendations by the
Committee to the Secretary under subsection (h)(6) of this section,
the Secretary shall review and approve or disapprove a direct grant
or subgrant for each project recommended by the Committee and
provide to the Committee and the applicant the reasons for that
approval or disapproval.
(h) Direct grant and subgrant administration
The National Trust shall be responsible for administering subgrants
for maritime heritage education projects under subsection (b) of this
section, the Secretary shall be responsible for administering direct
grants for maritime heritage preservation projects under subsection (c)
of this section, and the various State Historic Preservation Officers
shall be responsible for administering subgrants for maritime heritage
preservation projects under subsection (c) of this section, by--
(1) publicizing the Program to prospective grantees,
subgrantees, and to the public at large, in cooperation with the
National Park Service, the Maritime Administration, and other
appropri
