legislation: 102-hr-2130
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| 102-hr-2130 | 102 | hr | 2130 | National Oceanic and Atmospheric Administration Authorization Act of 1992 | Science, Technology, Communications | 1991-04-30 | 1992-10-29 | Became Public Law No: 102-567. | House | Rep. Hertel, Dennis M. [D-MI-14] | MI | D | H000547 | 6 | National Oceanic and Atmospheric Administration Authorization Act of 1992 - Title I: NOAA Atmospheric and Satellite Programs - Authorizes appropriations to the Secretary of Commerce for the National Oceanic and Atmospheric Administration (NOAA) for: (1) National Weather Service operations and research; (2) certain public warning and weather forecast systems and programs; (3) climate and air quality research, including climate and global changes; (4) atmospheric research; and (5) satellite observing systems. Authorizes appropriations to the Secretary for FY 1992 for deposit into an Emergency Satellite Contingency Fund, to be used by NOAA for satellite coverage and prediction of hurricanes and severe storms. Directs the Secretary and the Administrator of the National Aeronautics and Space Administration (NASA) to jointly develop and submit to specified congressional committees a strategic plan for the development, procurement, and operation of the environmental satellite program of the Department of Commerce (DOC). Authorizes appropriations to the Secretary for fiscal years beginning with 1993 to complete the procurement of specified geostationary operational environmental satellites, as well as the procurement of the launching and supporting ground systems of such satellites. Requires the Secretary to make certain certifications to the Congress prior to such authorization. Authorizes appropriations to the Secretary to enable NOAA to carry out its data and information services and activities for FY 1992 and 1993. Earmarks specified funds of such authorization to enable NOAA to modernize its data and information systems in a specified manner. Requires the Secretary, at least biennially, to: (1) complete an assessment of the adequacy of the environmental data and information systems of NOAA; and (2) develop and submit to specified committees a comprehensive plan to modernize and improve such systems. Directs the Secretary and the Secretary of Defense to establish a five-year joint program for collecting operational and reconnaissance data, conducting research, and analyzing data on tropical cyclones. Directs the Secretary to establish the Tropical Cyclone Advisory Committee to conduct such research and provide appropriate recommendations. Directs the Secretaries to jointly develop and report to the Congress specified management plans with respect to the conduct of such research following the recommendations of the Committee. Directs the Secretary to establish a United States Weather Research Program to: (1) modernize U.S. public weather warning and forecast systems; (2) improve local and regional weather forecasts and warnings; (3) address critical weather-related scientific issues; and (4) coordinate governmental, university, and private sector efforts in such regard. Requires the Secretary to develop and submit to specified congressional committees an implementation plan with respect to Program activities. Authorizes the NOAA Administrator to construct or acquire by lease a Weather Forecast Office with related facilities in the Reno, Nevada area. Authorizes the NOAA Administrator to construct on land leased from Florida International University a facility for the National Hurricane Center, a Weather Forecast Office, and associated facilities for NOAA activities in the South Florida area. Authorizes the NOAA Administrator to lease buildings and space from the University of Hawaii in Honolulu for the operation of a Weather Forecast Office for a term of up to 20 years, subject to the availability of appropriations in advance. Directs the NOAA Administrator to establish an Institute for Aviation Weather Prediction for service to the aviation community. Authorizes the NOAA Administrator to lease buildings and space to be constructed by the University of Oklahoma for the operation of specified weather facilities for a term of up to 20 years, subject to the availability of appropriations in advance. Amends the Land Remote-Sensing Commercialization Act of 1984 to transfer from the Secretary of Commerce to the Secretary of the Interior certain responsibilities relating to the archiving of land remote-sensing data enumerated under such Act. Reverts to the city of Eureka, California, all property and improvements thereto on Woodley Island that are acquired by the Secretary for use as a weather forecasting office and determined by the Secretary to be excess. Directs the Federal Coordinating Council for Science, Engineering, and Technology to consider and develop findings and recommendations regarding the most urgent current needs as well as major goals of satellite oceanography. Title II: NOAA Ocean and Coastal Programs - Authorizes appropriations to the Secretary for the conduct of NOAA mapping, charting, and geodesy activities, as well as for oceanic observation and assessment activities. Earmarks specified observation and assessment funds to conduct a Coastal Ocean Program. Prohibits any of this Act's funds from being used to conduct analyses of samples collected under the National Status and Trends Program until a certain policy committee makes specified certifications. Earmarks specified observation and assessment funds for completion of the Long Island Sound water circulation model. Authorizes appropriations to the Secretary for: (1) ocean management; (2) ocean and Great Lakes research; (3) research and related activities of the Cooperative Institute for Limnology and Ecosystems Research; (4) large lake research activities of the Office of Oceanic and Atmospheric Research; and (5) implementing the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1960 (requiring a report to the Congress by the Secretary). Repeals the National Ocean Pollution Planning Act of 1978. Requires that amounts received by the United States (after enactment of this Act or with respect to the grounding of the Exxon Valdez) as reimbursement of expenses related to oil or hazardous substance spills response activities conducted by NOAA: (1) be deposited in the NOAA's Damage Assessment and Restoration Revolving Fund; (2) be available for use in accordance with the law under which the activities are conducted; and (3) not be considered an augmentation of appropriations. Title III: NOAA Marine Fishery Programs - Amends the National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act to authorize appropriations to DOC for the National Marine Fisheries Service for: (1) information collection and analysis; (2) conservation and management; and (3) State and industry assistance. Earmarks specified amounts of such authorized sums for developing dolphin-safe methods of locating and catching yellowfin tuna. Requires the Secretary to publish a program plan in connection with such endeavors. Amends the Magnuson Fishery Conservation and Management Act to direct the Secretary to initiate and maintain a comprehensive program of fishery research in order to carry out and further the purposes, policy, and provisions of such Act. Amends the Merchant Marine Act, 1936 to include any facilities for aquaculture in the definition of "fishery facilities" under such Act. Directs the Secretaries of Commerce and Transportation to jointly develop and submit to specified congressional committees a report describing methods by which Coast Guard fishery regulations enforcement efforts in the western Pacific Ocean may be enhanced and coordinated with those of NOAA. Directs the Secretary to study and report to specified congressional committees on the effects of the feeding of noncaptive dolphins by human beings. Directs the Secretary to establish within NOAA the Chesapeake Bay Estuarine Resources Office to provide various advisory, administrative, and reporting functions with respect to the restoration and protection of living resources in the Chesapeake Bay. Authorizes appropriations for the Office. Directs the Secretary to establish and administer a five-year national shellfish research program to improve existing classification systems for shellfish growing waters using the latest technological advancements in microbiology and epidemiological methods. Establishes an advisory committee to perform various functions under such program. Outlines reporting requirements. Authorizes appropriations for the program. Directs the Secretary to acquire from the Administrator of General Services on a long-term basis space on Pivers Island, North Carolina, for the establishment of the Cooperative Institute of Fisheries Oceanography. Directs the Secretary to study and report to the Congress on providing baseline information to guide policy decisions on the future of the U.S. Gulf of Mexico and South Atlantic shrimp fishery. Authorizes appropriations. Directs the Secretary to study and report to specified congressional committees describing how current and planned Government satellite capabilities can aid in the enforcement of Federal fisheries law and international fisheries conservation programs. Authorizes the Secretary to make annual grants in FY 1992 and 1993 to the city of San Francisco and the Port of San Francisco for a joint project to demonstrate safe seafood handling and to conduct seafood education programs. Authorizes appropriations. Authorizes DOC and the Department of the Interior to pay a specified sum as reimbursement of unpaid costs incurred in a research paper studying the bowhead whale which was presented by the United States at an annual meeting of the International Whaling Commission. Authorizes the Secretary to construct a building to be leased from the University of Southwest Louisiana for use as a fisheries research center. Encourages the NOAA Administrator to give immediate consideration to upgrading dock and warehouse support facilities at the National Marine Fisheries Service Laboratory at Pascagoula, Mississippi. Title IV: Administration and Other Accounts - Authorizes appropriations to the Secretary for NOAA for: (1) carrying out executive direction and administrative activities; (2) marine services; (3) the acquisition of a multibeam sonar mapper; (4) the reactivation and operation of the research vessel ALBATROSS IV; (5) aircraft services; and (6) acquisition, construction, operation, and maintenance of facilities. Prohibits deactivation of the ALBATROSS IV until a replacement vessel is operational. Directs the Secretary to consult with the Oceanographer of the Navy with regard to the possible interoperability of NOAA vessels with Navy vessels. Directs the Secretary to notify specified congressional committees before reprogramming funds available for a program, project, or activity of NOAA in an amount greater than the lesser of $250,000 or five percent of the total funding of such program. Requires identical notification in the case of a major reorganization of a NOAA program, project, or activity. Directs the Secretary to develop, offer for public comment, and promulgate regulations or guidelines to ensure that a completed application for a financial assistance grant under a nondiscretionary assistance program shall be processed and approved or disapproved within 75 days after submission to the appropriate NOAA office. Requires applicant notification of such requirement and provides an exemption. Limits the authorized fee for charts and other nautical products produced or published by NOAA and sold after enactment of this Act. Authorizes the Secretary to enter into cooperative agreements for scientific and educational activities to foster public understanding of NOAA and its programs. Expresses the sense of the Congress that NOAA should continue to expand its educational programs in the sciences, as well as programs to recruit minorities and women for education in the sciences. Title V: National Marine Monitoring Program - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 with respect to national coastal monitoring. Directs the Administrator of the Environmental Protection Agency (EPA) and the Under Secretary of Commerce for Oceans and Atmosphere to jointly develop and implement a program for the long-term collection, assimilation, and analysis of scientific data designed to measure the environmental quality of the Nation's coastal ecosystems. Requires any monitoring done by the EPA Administrator and the Under Secretary to be coordinated with all other Federal environmental monitoring programs. Outlines provisions under such program with respect to: (1) program elements; (2) monitoring guidelines and protocols (with periodic review); (3) the addition of intensive coastal water quality monitoring programs, with the appropriate identification and designation of coastal areas suitable for such intensive monitoring; (4) a specific intensive monitoring program for Massachusetts and Cape Cod Bays; (5) the development and submission to the Congress a comprehensive implementation strategy for the program; (6) specified consultation with appropriate Federal departments and agencies, as well as opportunity for public comment on the strategy; and (7) a memorandum of understanding with appropriate Federal agencies for the coordination of efforts with respect to coastal monitoring programs. Directs the EPA Administrator and the Under Secretary to jointly report biennially to specified congressional committees describing the conduct of the Nation's ecosystems. Authorizes appropriations for EPA and NOAA use in administering the program. Title VI: NOAA Fleet Modernization - NOAA Fleet Modernization Act - Authorizes the Secretary to implement a 15-year program to replace and modernize the NOAA fleet. Directs the Secretary, in carrying out such program, to develop and submit to the Congress a replacement and modernization plan for the NOAA fleet over FY 1993 through 1997. Outlines plan elements, including the requirement that the Secretary prepare requirements for each class of NOAA vessels to be constructed or converted under the plan and contract with non-governmental entities for such construction or conversion. Allows exceptions for certain vessels. Outlines required contract provisions and allows multiyear contracting authority. Prohibits the Secretary from awarding a contract for the construction, repair, or alteration of any NOAA vessel in a shipyard if such vessel benefits or would benefit from significant subsidies for such construction, alteration, or repair in that shipyard. Outlines various support or preferences that will be considered significant subsidies for purposes of such prohibition. Directs the Secretary, in implementing the NOAA fleet replacement and modernization program, to use excess capacity of vessels of the University-National Oceanographic Laboratory System (UNOLS) where appropriate. Requires the Comptroller General to report to the Congress comparing the cost-efficiency, accounting, and operating practices of vessels of NOAA, UNOLS, other Federal agencies, and the private sector in meeting the missions of NOAA. Authorizes appropriations for FY 1993 through 1997 for the fleet replacement and modernization program. Title VII: Weather Service Modernization - Weather Service Modernization Act - Requires the Secretary to include as part of DOC's annual budget request justification material a National Implementation Plan for modernization of the National Weather Service (NWS) for each fiscal year following 1993 until such modernization is complete. Specifies Plan contents. Requires the Secretary to: (1) transmit a copy of each annual Plan to the Modernization Transition Committee (established under this title); and (2) consult with the Committee in developing such Plan. Requires the Secretary to: (1) contract with the National Research Council (NRC) for a review of the scientific and technical modernization criteria by which the Secretary proposes to certify action to close, consolidate, automate, or relocate NWS field offices; and (2) publish in the Federal Register final modernization criteria based on such NRC review. Changes requirements for certification that the closing, consolidation, automation, or relocation of any field office will not result in service degradation. Prohibits the Secretary from: (1) changing operations at an NWS field office pursuant to implementation of the Strategic Plan unless the Secretary has provided appropriate notification; (2) removing or permanently decommissioning any NWS radar until the Secretary has prepared radar commissioning and decommissioning reports documenting that such action would be consistent with the final modernization criteria established above; (3) commissioning an automated surface observing system located at an airport unless the weather services provided after commissioning will continue to be in full compliance with applicable flight aviation rules; (4) closing, before January 1, 1996, any NWS field office pursuant to implementation of the Strategic Plan; (5) closing or relocating any NWS field office located at an airport unless the Secretary determines that such action will not result in degradation of service that affects aircraft safety; (6) closing or relocating any NWS field office which is the only office in a State unless the Secretary determines that a comparable level of weather services provided to in-State users will remain; or (7) closing, consolidating, automating, or relocating a NWS field office until arrangements have been made to maintain at least one person in the service area to act as a liaison officer with area weather service users with respect to the provision of information regarding NWS modernization and restructuring activities and weather warnings and forecasts. Establishes the Modernization Transition Committee. Specifies Committee duties, which include reviewing proposed certifications and advising the Congress and the Secretary on implementation and development of the Strategic and National Plans and establishment of modernization criteria. Requires the Secretary to prepare a report for the Congress on the proposed NWS modernization. Repeals provisions of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 inconsistent with this title. Title VIII: North Pacific Anadromous Stocks Convention - North Pacific Anadromous Stocks Act of 1992 - Provides for the composition, appointment, terms, compensation, and similar matters regarding: (1) the U.S. representation on the North Pacific Anadromous Fish Commission; and (2) an Advisory Panel to the U.S. Commissioners. Authorizes the Secretary of State, with the concurrence of the Secretary of Commerce, to accept or reject, on behalf of the United States, Commission recommendations. Makes the Secretary of Commerce (Secretary) responsible for administering the Convention for the Conservation of Anadromous Stocks of the North Pacific Ocean, this title, and related regulations. Authorizes any Federal agency, on request of the Commission, to cooperate in the conduct of scientific and other programs, accepting reimbursement from the Commission. Mandates enforcement by the Secretary of Commerce and the Secretary of Transportation. Sets forth the enforcement authorities of authorized officers. Makes it unlawful to engage in certain activities, including fishing for any anadromous fish in waters designated under this title as the Convention area, retaining on board any such fish taken incidentally, refusing or resisting boarding or inspection, or violating any provision of the Convention, this title, or any regulation under this title. Provides for civil monetary penalties, vessel liability in rem, criminal penalties, and seizure of vessels, gear, stores, and cargo. Creates a rebuttable presumption that all fish on board a vessel seized in connection with a prohibited act were taken or retained in violation of the Convention and this title. Authorizes appropriations to carry out the Convention and this title. Provides for the disposition of U.S. property held by the International North Pacific Fisheries Commission on its termination in a manner that would further the purposes of this title. Repeals the North Pacific Fisheries Act of 1954. Title IX: New England Groundfish - Amends the Magnuson Fishery Conservation and Management Act to direct the Secretary, beginning no later than October 1, 1993, if requested by a governor of a State represented on the New England Fishery Management Council, to enter into an agreement with each State so represented authorizing each State's marine law enforcement agencies to perform duties of the Secretary relating to enforcement of the Northeast Multispecies Fishery Management Plan. Directs the Commander of the First Coast Guard District to establish an informal fisheries enforcement working group to improve overall compliance with, and effectiveness of, regulations issued under the Plan. Directs the Secretary to establish a Northwest Atlantic Ocean Fisheries Reinvestment Program to: (1) promote development of commercial fisheries and markets for underutilized species of the Northwest Atlantic Ocean; (2) provide technical support and assistance to U.S. fishermen and fish processors with respect to underutilized species; (3) create new economic opportunities through the improved processing and expanded use of fish waste; (4) develop alternative fishing opportunities for participants in the New England groundfish fishery; and (5) help restore overfished New England groundfish stocks through aquaculture or hatchery programs. Authorizes appropriations for the Program for FY 1993 through 1997. Directs the Council to develop fishery management plans as soon as possible for underutilized species of the northwest Atlantic Ocean in order to prevent overfishing of such species. Defines an "underutilized species" as any fish species so identified by the Director of the Northeast Center of the National Marine Fisheries Service. | 2024-02-07T16:32:33Z |