[Senate Report 104-178]
[From the U.S. Government Publishing Office]
104th Congress 1st SENATE Report
Session
104-178
_______________________________________________________________________
Calendar No. 251
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AUTHORIZATION ACT OF 1995
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE,
AND TRANSPORTATION
on
S. 1142
November 29, 1995.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourth congress
first session
LARRY PRESSLER, South Dakota,
Chairman
ERNEST F. HOLLINGS, South Carolina BOB PACKWOOD, Oregon
DANIEL K. INOUYE, Hawaii TED STEVENS, Alaska
WENDELL H. FORD, Kentucky JOHN McCAIN, Arizona
J. JAMES EXON, Nebraska CONRAD BURNS, Montana
JOHN D. ROCKEFELLER IV, West VirginiaSLADE GORTON, Washington
JOHN F. KERRY, Massachusetts TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana KAY BAILEY HUTCHISON, Texas
RICHARD H. BRYAN, Nevada OLYMPIA SNOWE, Maine
BYRON L. DORGAN, North Dakota JOHN ASHCROFT, Missouri
Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief
Counsel and Staff Director
Calendar No. 251
104th Congress Report
SENATE
1st Session 104-178
_______________________________________________________________________
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AUTHORIZATION ACT OF
1995
_______
November 29, 1995.--Ordered to be printed
_______________________________________________________________________
Mr. Pressler, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. [1142]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1142) ``A Bill to authorize
appropriations for the National Oceanic and Atmospheric
Administration, and for other purposes'', having considered the
same, reports favorably thereon with amendments and
recommends that the bill as amended do pass.
Purpose of the Bill
S. 1142 as reported would authorize appropriations of
$1,800,490,000 for fiscal year (FY) 1996, $2,006,091,000 for FY
1997, and $2,018,134,000 for FY 1998 for administrative support
and certain oceanic and atmospheric programs of the National
Oceanic and Atmospheric Administration (NOAA). The bill
provides for authorization of: (1) weather, atmospheric, and
satellite programs; (2) ocean and coastal programs; (3) marine
fishery programs; and (4) administration and support. In
addition to the general authorization of appropriations, the
bill would: reauthorize appropriations for the National Sea
Grant College Program Act and the Coastal Zone Management (CZM)
Act; authorize appropriations for the National Undersea
Research Program (NURP); and initiate cost-savings efforts such
as reducing the size of the NOAA fleet and the NOAA Corps,
consolidating fishery facilities, and transferring aeronautical
charting functions to the Federal Aviation Administration
(FAA). The authorizations provided in the bill are for NOAA
activities in addition to those programs reauthorized under
separate statute.
Background and Needs
NOAA was created by the President's Reorganization Plan No. 4
of 1970 (5 U.S.C. App.) to consolidate many of the nation's
civilian coastal, oceanic, and atmospheric programs. NOAA's
management structure consists of nine staff offices (program
support) and five line offices. The line offices are: (1) the
National Ocean Service (NOS); (2) the National Marine Fisheries
Service (NMFS); (3) the Office of Oceanic and Atmospheric
Research (OAR); (4) the National Weather Service (NWS); and (5)
the National Environmental Satellite, Data, and Information
Service (NESDIS).
Agency Budget for Fiscal Year 1996.--The administration's
budget proposal for NOAA's Operations, Research and Facilities
account for FY 1996 is $2,018,135,000, an increase of
$194,843,000 (+11 percent) over the $1,823,292,000 appropriated
in FY 1995. The request includes $270,821,000 for OAR,
$624,332,000 for NWS, $552,501,000 for NESDIS, $198,826,000 for
NOS, $315,828,000 for NMFS, and $163,577,000 for Program
Support.
Oceanic and Atmospheric Research.--OAR supports a number of
oceanic and atmospheric research activities, including
monitoring and predicting long-term, interannual and seasonal
climate change, efforts to understand and forecast severe
weather events, and studies of coastal and marine processes.
Atmospheric research conducted by OAR is used in support of the
NWS. The National Sea Grant College Program, NURP, and the
Climate and Global Change Program are funded within OAR.
National Weather Service.--NWS's central mission is the
collection of weather data and the use of that data to provide
weather and flood warnings, public forecasts, and advisories
for all of the United States, its territories, and adjacent
ocean areas, primarily for the protection of life and property.
A national network of about 275 facilities collects data,
prepares state and local weather updates, and disseminates
information to the public both directly and indirectly through
the mass media. Over the past decade, NWS has been involved in
planning and implementing a $2 billion effort to replace aging
and outmoded weather systems and to restructure operations in
order to produce better, more precise weather information at a
much lower cost and with fewer personnel.
The modernization has been implemented jointly with the Air
Force and the Federal Aviation Administration (FAA), and
provides for acquisition of the following new systems: (1) Next
Generation Weather Radar (NEXRAD), an automated Doppler weather
radar which will provide improved information on storm
location, precipitation rates, wind speed, and wind shear; (2)
Automated Surface Observing System (ASOS), a collection of
ground instruments which take measurements once a minute, 24
hours a day, to replace time-consuming manual observations of
cloud cover, temperature, and other weather conditions; and (3)
Advanced Weather Interactive Processing System (AWIPS), a
computer workstation which will enable local forecasters to
integrate, process, and transmit the information collected by
the new observation systems. Also included in the modernization
process is employee training and updating facilities.
While ASOS and NEXRAD installations are well underway, the
modernization still faces a number of technical problems.
First, inadequate technical progress by the AWIPS contractor
has forced NOAA to restructure the program, and the AWIPS field
testing has been delayed. Second, the aviation community
continues to question whether the ASOS system can safely
replace human weather observers in providing aviation weather
observations.
In addition, the NWS plan calls for the phase-out and
eventual closure of almost 200 offices, replacing the existing
field structure with 118 new facilities (each with a NEXRAD
unit). This plan has raised concerns the radars are sited too
far apart to ensure adequate coverage in some regions and
engendered strong resistance in other areas to losing local
community coverage. In 1992, the Committee responded to such
concerns with enactment of the Weather Service Modernization
Act (P.L. 102-567). Under this law, the Secretary of Commerce
(Secretary) cannot close, consolidate, automate, or relocate
any weather office without certifying the action will not
result in degradation of weather services provided to the
affected area. The Committee recognizes the importance of
maintaining the NWS modernization schedule as well as ensuring
there is no degradation of service. As a result, the Committee
anticipates NOAA will continue to address the technical
problems that have emerged with regard to ASOS and AWIPS and
keep the Committee informed on the progress in resolving these
problems.
National Environmental Satellite, Data, and Information
Service.--The NESDIS mission is to procure, launch, and operate
the Nation's civilian polar-orbiting and geostationary weather
satellites and maintaining the data collected by these systems.
The primary function of the systems operated by NESDIS is to
support weather forecasting. The polar-orbiting satellite
system obtains global environmental data, and the geostationary
satellite system (GOES) provides continuous observations of the
Earth's western hemisphere. The data is used for research and
by the NWS to provide daily and hourly weather predictions and
warnings. In addition, NESDIS is responsible for archiving and
maintaining a national environmental data base through three
centers: the National Climatic Data Center, the National
Oceanographic Data Center, and the National Geophysical Data
Center. Later in this decade, NESDIS will be responsible for
the operation of the Landsat 7 spacecraft and NOAA
participation with the Department of Defense (DoD) in a
converged polar weather satellite program.
National Ocean Service.--NOS manages ocean and coastal
resources throughout the 200-mile exclusive economic zone to
promote functional utilization of U.S. coastal areas. In
addition, NOS provides ocean observations, produces nautical
charts, and performs geodetic surveys. It is responsible for
planning and conducting hydrographic surveys which provide the
basic data for the production of over 1,000 nautical charts
which are used for commercial shipping, cruise lines, defense,
and public boating. To date, NOS is responsible for producing
and updating approximately 16,800 aeronautical charts for use
by civilian and military pilots in the National Airspace System
as well as for use by FAA air traffic controllers.
The administration budget proposes $127,604,000 in FY 1996
for those portions of NOS that carry out mapping, charting and
geodesy activities, as well as observation and assessment
programs. This requested amount includes $18,541,000 to be
directed to the Coastal Ocean Program (COP)--a program designed
to apply NOAA's observational, research, assessment, and
modeling capabilities to key coastal ocean problems and to
deliver program results to decision makers. COP efforts are
focused on predictions of fisheries productivity (including
those in New England and the Pacific Northwest), flood and
severe weather planning and warnings for the coastal zone, and
coastal environmental quality.
The CZM program, a voluntary state-federal partnership in
which states match federal dollars for program implementation,
is funded within NOS. The program provides a national framework
for maintaining the nation's coastal and economic health while
giving states the incentive to design state-specific programs
that reflect their particular waterfront uses, coastal
residents, properties, and economies. To date, 24 states and
five U.S. territories have approved coastal zone management
plans, and several other states have programs in the
development stage.
National Marine Fishery Service.--NMFS provides the
scientific and technical expertise to manage U.S. living marine
resources. NMFS is responsible for programs to protect marine
mammals and endangered marine species as well as fishery
conservation and management programs. The agency conducts
fisheries research, collects fishery-related information,
enforces Federal marine resource regulations, and carries out
programs to ensure quality and safety of seafood.
NMFS activities are authorized under several specific
statutes such as the Magnuson Fishery Conservation and
Management Act, the Marine Mammal Protection Act, the
Anadromous Fish Conservation Act, and the Interjurisdictional
Fisheries Act of 1986. In addition, NMFS has general authority
under the Fish and Wildlife Act of 1956 for habitat
conservation, hatchery operations, seafood safety and product
quality control programs, and research on living marine
resources, as well as responsibility for implementing several
international fisheries agreements. The administration's FY
1996 request includes $100,376,000 for these components of the
NMFS budget in addition to the amounts requested for specific
marine resource statutes.
Program Support.--NOAA's program support and construction
activities include agency-wide program administration and
services; facilities construction, maintenance, and operation;
marine services; and aircraft services. The administration FY
1996 budget requests $219,676,000 for these activities.
Legislative History
Since the beginning of the 104th Congress, both the full
Committee and the Subcommittee on Science, Technology, and
Space have held hearings on the NOAA programs authorized by
this legislation. The FY 1996 NOAA authorization process
provided the Committee with an opportunity to review current
NOAA programs, and consequently, to determine what course the
agency should follow in fulfilling its missions within tight
budget constraints. On January 31, 1995, an oversight hearing
was held by the Subcommittee on Science, Technology, and Space
to review the science and technology programs of the Department
of Commerce. On August 1, 1995, a full Committee hearing was
held regarding the future of the Department of Commerce which
included a review of various NOAA functions. In addition to
emphasizing the need to maintain NOAA's integrity, these
hearings focused on the priorities and the critical roles of
NOAA's science and management activities.
S. 1142 was introduced by Senator Pressler on August 9, 1995
and was referred to the Committee on Commerce, Science, and
Transportation. The bill is cosponsored by Senators Hollings,
Stevens, Burns, and Breaux.
On August 10, 1995, in open executive session, the Committee
agreed by voice vote to include in the bill an amendment
offered by Senators Snowe and Dorgan. The Snowe/Dorgan
amendment requires the Secretary to evaluate the effect on
users of closing or relocating NWS field offices in areas
identified as areas of geographic concern in the June, 1995,
report published by the National Research Council, and also to
certify that an equivalent level of weather services will be
provided to users prior to carrying out such closures or
relocations. Without objection, the Committee then ordered the
bill, as amended, to be reported.
Summary of Major Provisions
Authorization Levels.--The following chart summarizes FY 1995
available appropriations, the administration's budget request
for FY 1996, and the FY 1996 authorization levels in the
reported bill. The FY 1997 and FY 1998 levels reflect flat
spending in real terms, using the assumption of three percent
inflation. The figures presented below do not reflect NOAA
programs and activities which are authorized under separate
statutes such as the Magnuson Fishery Conservation and
Management Act, the Marine Mammal Protection Act, the
Interjurisdictional Fisheries Act of 1986, or the Anadromous
Fish Conservation Act.
PROPOSED LEVELS FOR PROGRAMS AUTHORIZED IN THE BILL
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 1996 Proposed fiscal
Line office 1995 administration year 1996
appropriated request authorization
----------------------------------------------------------------------------------------------------------------
NOS.......................................................... 186,218 198,826 181,108
NMFS......................................................... 99,928 102,123 99,928
OAR.......................................................... 258,579 270,821 225,402
NWS.......................................................... 658,698 624,332 608,542
NESDIS....................................................... 387,406 552,501 489,000
Program Support, and Construction............................ 227,565 219,676 196,510
--------------------------------------------------
Total.................................................. 1,818,394 1,968,279 1,800,490
----------------------------------------------------------------------------------------------------------------
The authorization levels in the bill are based on the
administration's requested budget as well as on the priorities
identified by the Committee. The authorization levels also
reflect areas identified by the Committee in which reductions
in spending can be achieved. Decreases in the bill are
consistent with the Views and Estimates provided by the
Committee to the Senate Budget Committee in April 1995.
S. 1142 contains specific measures to achieve cost savings,
including: personnel reductions within NOAA and the NOAA Corps,
the downsizing of the NOAA fleet, and the consolidation of
facilities. The Committee also has addressed the issue of
regulatory streamlining in S. 1142 by requiring the elimination
of duplicative and obsolete regulations and a reduction in
Congressionally-mandated reporting requirements.
Finally, the National Sea Grant College Program Act and the
CZM Act are reauthorized for three years at funding levels
consistent with current appropriations, and NURP is authorized
at a base level of $12 million in FY 1996, with a three percent
adjustment for inflation in the out-years. This FY 1996
authorization level represents a reduction of $6 million from
FY 1995 appropriations.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 25, 1995.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1142, the National
Oceanic and Atmospheric Administration Act of 1995.
Enacting S. 1142 would affect direct spending. Therefore,
pay-as-you-go procedures would apply to the bill.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Enclosure.
congressional budget office cost estimate
1. Bill number: S. 1142.
2. Bill title: National Oceanic and Atmospheric
Administration Act of 1995.
3. Bill status: As ordered reported by the Senate Committee
on Commerce, Science, and Transportation on August 10, 1995.
4. Bill purpose: S. 1142 would authorize appropriations for
the National Oceanic and Atmospheric Administration (NOAA) for
fiscal years 1996 through 1998. In addition, the bill would
permit NOAA to retain and spend without appropriation the fees
it collects from foreign ground stations and from Landsat 7
data sales as well as funds received from a possible judgment
against the vessel that collided with the NOAA vessel
Discoverer. The bill would require the Administrator of NOAA,
by the end of fiscal year 1999, to reduce the number of full-
time equivalent positions by 2,318 from the fiscal year 1993
base.
The bill also would limit the amount of loan guarantees
under the Fishing Vessel Obligation Guarantee Program (FVOG) to
no more than $25 million annually. The bill also would prohibit
NOAA from guaranteeing loans for the construction of any
vessels that would increase the fish harvesting capacity within
the United States exclusive economic zone for fiscal years 1996
through 2001.
5. Estimated cost to the Federal Government: CBO estimates
that enacting S. 1142 would result in direct spending totaling
about $17 million and new discretionary spending totaling about
$5.7 billion over the 1996-2000 period, assuming appropriation
of the authorized amounts. The estimated budgetary impact of
the bill is summarized in the following table.
----------------------------------------------------------------------------------------------------------------
1995 1996 1997 1998 1999 2000
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATIONS ACTION
Spending under current law:
Authorization level \1\......................... 1,772 59 21 15 15 2
Estimated outlays............................... 1,837 742 290 133 22 8
Proposed changes:
Authorization level............................. ........ 1,792 2,014 2,026 ........ ........
Estimated outlays............................... ........ 1,055 1,668 1,875 814 287
Spending under S. 1142:
Authorization level \1\......................... 1,772 1,851 2,035 2,041 15 2
Estimated outlays............................... 1,837 1,797 1,958 2,008 836 295
CHANGES IN DIRECT SPENDING
Estimated budget authority.......................... ........ ........ ........ ........ 2 14
Estimated outlays................................... ........ (\2\) (\2\) ........ 2 14
----------------------------------------------------------------------------------------------------------------
\1\ The 1995 amount represents appropriations for the activities authorized in this bill.
\2\ Less than $500,000.
The costs of this bill fall within budget functions 300 and
370.
6. Basis of estimate:
Spending subject to appropriations action
Assuming appropriation of the authorized amounts, S. 1142
would result in discretionary spending totaling about $6.9
billion over the 1996-2000 period for programs of the National
Weather Service, the Office of Oceanic and Atmospheric
Research, the National Environmental Satellite, Data, and
Information Service, the National Ocean Service, and the
National Marine Fisheries Service that are within the
jurisdiction of the committee. Of that total, approximately
$5.7 billion in outlays would be attributed to amounts
authorized by S. 1142, with the remainder coming from amounts
already appropriated or authorized under current law. Outlays
are estimated based on historical spending rates for these
activities.
Provisions in this bill would result in a significant
reduction in the number of full-time civilian and corps
personnel and in the size of the NOAA fleet over the 1996-1999
period. While these provisions could result in a reduction in
expenses for salaries, benefits, and the upkeep of vessels, CBO
estimates that these cost reductions would be offset by an
increased need for contractual employees and services. CBO also
estimates that staff reductions could be achieved through
normal attrition and that any nominal separation expenses could
be paid for through existing or future appropriations. In sum,
CBO estimates that the streamlining provisions contained in
this bill would have no significant net budgetary impact.
CBO estimates that provisions related to the Fishing Vessel
Obligation Guarantee Program also would have no significant
budgetary impact. The bill would not reduce or increase the
guarantee fees, which, along with the default rates, determine
the subsidy rate for the program. Hence, we estimate that the
current subsidy rate of 1 percent would continue to apply so
that the annual loan limitation of $25 million would limit new
subsidies to $250,000 per year.
Direct spending
S. 1142 would allow NOAA to retain and spend without
appropriation the fees collected from foreign ground stations
and from Landsat 7 data sales. Under current law, such fees are
classified as offsetting receipts and cannot be spent without
appropriation. S. 1142 would convert receipts that are expected
to occur in 1999 and later years into offsetting collections
and make them available to offset the costs of operating the
Landsat system. The effect of this provision would be to
increase direct spending by the amount of the receipts. CBO
estimates these amounts at roughly $2 million in 1999 and $14
million every year thereafter.
The bill also would permit NOAA to retain up to $519,000
from a judgment against the vessel that collided with the NOAA
vessel Discoverer, and to spend the retained funds on marine
services. Funds collected from judgments are usually
categorized as revenues in the Federal budget. This provision
would have the effect of converting revenues into offsetting
collections and making them available for spending. Under
Congressional scorekeeping rules, reclassifications of spending
or revenues are not scored, so the only effect of this
provision would be an increase in direct spending. CBO
estimates that this increase would be equal to the amount of
the judgment payment and that it would be spent over two or
more years beginning in fiscal year 1996.
7. Pay-as-you-go considerations: Section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 sets
up pay-as-you-go procedures for legislation affecting direct
spending or receipts through 1998. CBO estimates that enacting
S. 1142 would affect direct spending because it allows NOAA to
retain and spend without appropriation the funds which NOAA is
expected to receive from a judgment against the vessel that
collided with the NOAA vessel Discoverer. CBO estimates that
this provision would result in direct spending of about
$500,000, spread over fiscal years 1996 and 1997. The bill also
would allow NOAA to retain and spend without appropriation the
fees it expects to receive from operation of the Landsat 7
system. Fees will not be collected until 1999, however, and are
therefore not subject to current pay-as-you-go provisions.
------------------------------------------------------------------------
1996 1997 1998
------------------------------------------------------------------------
Change in outlays...................... 0 0 0
Change in receipts..................... ( \1\ ) ( \1\ ) .........
------------------------------------------------------------------------
\1\ Not applicable.
8. Estimated cost to State and local governments: The bill
would ease the eligibility criteria for several of NOAA's grant
programs for states, allowing them to receive federal grants
for longer periods of time. It would also exempt from state and
local taxation certain contractor activities related to the
modernization of the National Weather Service (NWS), leading to
a loss of tax revenues for some states.
The bill would ease eligibility criteria for grants that
states receive to develop and implement coastal zone management
programs. In particular, the bill would allow states to receive
grants while they are still developing programs to control
nonpoint water pollution in coastal areas. Current law requires
states to have such programs in place before receiving some
grants. For fiscal year 1996, the House-passed appropriation
bill would provide about $42 million for this program, while
the Senate-passed bill includes $47 million.
The bill would exempt from state and local taxation certain
contractor activities related to the modernization of the NWS.
CBO is uncertain about what types of taxes would be affected by
the bill. One interpretation is that it would prevent states or
localities from levying taxes on contractors based on the value
of facilities that they are constructing or on the value of the
contracts signed with NWS. According to NWS staff, during
fiscal year 1995, three states submitted tax bills of this kind
totaling $200,000 to contractors building Nexrad radar
facilities for NWS. Several more states contacted NWS about
assessing similar taxes in the future.
Another interpretation of the tax provision is that it
would also exempt contractors from paying other kinds of state
and local taxes. For instance, the bill might also exempt
contractors from paying state sales taxes. It might also
partially exempt them from paying state corporate income taxes,
since states use sales volume and property holdings to help
determine the level of corporate income that is taxable.
Therefore, the bill could reduce state tax revenues to a much
greater extent than if the provision were more narrowly
interpreted as described above.
Without knowing which states, which contractors, and which
taxes would be affected by the bill, it is impossible to
estimate how much state revenue would be lost because of this
provision. The construction activity associated with the NWS
modernization includes the Nexrad radar system, the Automated
Surface Observation System, and new weather forecast offices.
The House has voted to appropriate $90 million and the Senate
about $86 million for these purposes in fiscal year 1996.
9. Estimate comparison: None.
10. Previous CBO estimate: On September 27, 1995, CBO
provided an estimate for H.R. 1815, the National Oceanic and
Atmospheric Administration Authorization Act of 1995, as
ordered reported by the House Committee on Resources on
September 13, 1995. For that bill, CBO estimated new
discretionary spending of about $810 million over the 1996-2000
period for programs in the National Ocean Service and the
National Marine Fisheries Service that are within the
jurisdiction of the House Committee on Resources. We also
estimated that H.R. 1815, as approved by the Resources
Committee, would result in direct spending as it would allow
NOAA to retain and spend without appropriation funds received
from a possible judgment against the vessel that collided with
the NOAA vessel Discoverer.
On July 24, 1995, CBO provided an estimate for H.R. 1815,
as ordered reported by the House Committee on Science on June
18, 1995. That version of H.R. 1815 would authorize fiscal year
1996 spending for programs in the National Weather Service, the
Office of Oceanic and Atmospheric Research, the National
Environmental Satellite, Data, and Information Service, and the
National Ocean Service that are within the jurisdiction of the
Science Committee. CBO estimated that enactment of the bill
would result in new discretionary spending totaling about $1.3
billion over the 1996-2000 period, assuming appropriation of
the authorized amounts. The Science Committee's version of H.R.
1815 also would result in direct spending by allowing NOAA to
retain and spend without appropriation funds received from a
possible judgment against the vessel that collided with the
NOAA vessel Discoverer. Enacting the Science Committee version
would also affect direct spending by terminating the National
Undersea Research Program and prohibiting the use of
appropriated funds for any costs related to that program,
including termination expenses. Finally, another provision
would establish a civil penalty for tampering with weather data
buoys; but CBO estimated that the provision would result in an
increase in revenues of less than $500,000 a year.
11. Estimate prepared by: Federal Cost Estimate: Gary Brown
and Rachel Forward. State and Local Estimate: Pepper
Santalucia.
12. Estimate approved by: Robert A. Sunshine for Paul N.
Van de Water, Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation:
Number of Persons Covered.--This legislation provides an
authorization level of appropriations for FY 1996 though FY
1998 to enable NOAA to continue key existing programs. S. 1142
also calls for the NOAA Administrator to review all regulations
that were issued by the Administrator before January 1, 1995.
The purpose of this review is to identify and eliminate
redundant and obsolete regulations, which should reduce the
number of persons affected by NOAA regulations.
Economic Impact.--The legislation authorizes appropriations
of $1,800,490,000 for FY 1996; $2,006,091,000 for FY 1997; and
$2,018,134,000 for FY 1998. Authorizations for FY 1996 are 11
percent below the Administration request. These funding levels
are not expected to have an inflationary impact on the economy.
Privacy.--The Committee anticipates that S. 1142 will have no
adverse impact on the personal privacy of any individual.
Paperwork.--The bill would require both regulatory
streamlining and a reduction in reporting requirements. To the
extent this is consistent with NOAA's statutory obligations,
the review of all regulations issued prior to January 1, 1995,
and the elimination of any redundant and obsolete regulations
are intended to reduce the volume of regulations by 45 percent.
Similarly, the bill calls for a 50 percent reduction of
Congressionally-mandated reporting requirements that should
substantially reduce paperwork requirements for the agency.
Section-by-Section Analysis
Section 1. Short title
This section cites the short title of the bill as the
National Oceanic and Atmospheric Authorization Act of 1995.
Sec. 2. Table of contents
This section provides a table of contents of the provisions
in the legislation.
Sec. 3. Definitions
This section defines three terms used throughout the bill:
(1) the ``Act of 1890'', (2) the ``Act of 1947'', and (3) the
``Administrator''.
TITLE I--NOAA ATMOSPHERIC AND SATELLITE PROGRAMS
Sec. 101. National Weather Service operations and research.
This section authorizes $477,207,000 for FY 1996,
$491,523,000 for FY 1997, and $484,278,000 for FY 1998 for NWS
operations and research activities. Activities supported by
this authorization include meteorological, hydrological, and
oceanographic public warnings and forecasts, as well as applied
research in support of such warnings and forecasts.
The funding levels in this section are for activities
requested by the administration and for restoration of the
proposed reduction for the regional climate centers. Of the
amounts authorized under this section, $3,000,000 is provided
to continue funding climate services and research being
conducted at the existing regional climate centers.
The Committee believes the dissemination of marine weather
forecasts and warnings via marine radiofax is vital to the
protection of life and property and central to the mission of
the NWS. The Committee intends that funds authorized for NWS
operations and research be used to pay for marine radiofax and
encourages the NWS to continue this program.
Sec. 102. Public warning and forecast systems
This section authorizes $131,335,000 for FY 1996,
$222,500,000 for FY 1997, and $225,000,000 for FY 1998 to
enable NOAA to improve its public warning and forecast systems
and to allow for the development, acquisition, and
implementation of major public warning and forecast
technologies. These systems include: (1) NEXRAD; (2) ASOS; (3)
AWIPS; and (4) advanced computer technology to allow
development of improved computer weather forecast models.
Included in this authorization level for FY 1996 are
$53,335,000 for NEXRAD, $16,000,000 for ASOS, $50,000,000 for
AWIPS, and $12,000,000 for computer facility upgrades.
Subsection (b) would exempt from state and local taxation,
activities (such as the purchase, transportation, receiving,
and installation of property and materials) of the contractor
when acting on behalf of NOAA pursuant to the modernization of
NWS as authorized under P.L. 102-567. It is the Committee's
understanding that as many as 20 States and localities have
sought to impose a percentage tax or ``use tax'' on the
installation and value of equipment being installed by the
general contractor with NOAA on the NEXRAD project. The
Department of Commerce estimates such taxes add between $2
million and $7 million to the cost of the NEXRAD program. This
subsection would allow the NWS to make maximum use of the funds
available for weather service modernization.
Sec. 103. Climate and air quality research
This section authorizes $113,252,000 for FY 1996,
$115,918,000 for FY 1997, and $119,396,000 for FY 1998 for
climate and air quality research activities, including studies
of tropical ocean and global atmospheric interactions, trace
gases which contribute to greenhouse warming, global climate
change, interannual and seasonal climate variability, sea floor
spreading, and high performance computing.
Of the amounts authorized by this section, $78,752,000 is
available for the continuation of NOAA's interannual and
seasonal climate research activities, including $71,000,000 for
NOAA's climate and global change activities. The Committee
recognizes the critical role NOAA plays in the interagency U.S.
Global Change Research Program and supports efforts to improve
knowledge of the natural variability in the climate system on
all time scales and to develop new climate prediction
capabilities. One proposal for accomplishing this is the
establishment of an International Research Institute for
Seasonal and Interannual Climate Prediction which would
implement a program of research aimed at extending current
prediction skills.
Sec. 104. Atmospheric research
This section authorizes $46,850,000 for each of FY 1996, FY
1997, and FY 1998 for the atmospheric research programs of OAR,
which include research to develop improved observation and
prediction capabilities for atmospheric processes, as well as
solar-terrestrial research and services. The Committee concurs
with the President's FY 1996 budget proposal to eliminate
NOAA's Southeastern Storm Research program. However, the
authorizations provided by this section assume a funding level
of $3,000,000 annually for weather modification grants.
Sec. 105. Satellite observing systems
This section authorizes $449,000,000 for FY 1996, and
$535,000,000 for each of FY 1997 and FY 1998, for NESDIS
activities related to NOAA satellite observing systems. These
activities include spacecraft procurement, launch operation,
and associated ground station systems involving polar orbiting
environmental satellites (POES), geostationary weather
satellites (GOES), and land remote-sensing satellites
(Landsat). The authorization provided by this section would
continue funding for the ongoing procurement and launch of
replacement satellites. Of the amounts authorized by this
section, $5,000,000 would be available in each of FY 1996, FY
1997, and FY 1998 for the ocean remote sensing program.
Sec. 106. Environmental data management systems
This section authorizes $40,000,000 for each of FY 1996, FY
1997, and FY 1998 for the environmental data and information
services of NESDIS. These activities include climate, ocean,
and geophysical data services, as well as environmental data
and information management that is used by virtually all of
NOAA's programs.
Sec. 107. Duties of the National Weather Service
This section describes the four core responsibilities of the
NWS pertaining to its duties to protect life and property and
enhance the national economy. The section mandates that the NWS
serve as the sole official source of weather warnings and be
responsible for: (1) forecasts; (2) the issuance of storm
warnings; (3) the collection, exchange, and distribution of
meteorological, hydrological, climatic, and oceanographic data
and information; and (4) the preparation of hydrometeorological
guidance and core forecast information.
Sec. 108. Satellite procurement
This section authorizes the Administrator to procure up to
four additional GOES-NEXT (GOES I-M) satellites and support
systems to ensure continuity of satellite observations. The
Committee recognizes that, in general, the most cost effective
means of procuring satellites is in an open competition.
Therefore, the Committee anticipates that the Administrator
will explore an effective competitive procurement on a fixed
price basis of up to four additional GOES-NEXT spacecraft and
the necessary supporting ground and launch services. If the
Administrator determines no timely or cost-effective option
exists for competitive procurement of spacecraft and
instruments that could ensure continuity of satellite
observations, the Administrator is authorized to certify that
determination to the Congress and to enter into firm fixed
price contracts and amendments or modifications of the current
GOES I-M satellite contract in order to procure additional GOES
clones without regard to provisions of law requiring a
competitive procurement.
Sec. 109. Landsat
This section provides authority for NOAA to carry out its
responsibilities relating to Landsat. Subsection (a) would
amend the Land Remote Sensing Act of 1992 to direct the Landsat
Program Management Member to retain fees collected from foreign
ground stations and for Landsat 7 data sales to offset the
Landsat 7 system's operating costs.
Subsection (b) would require the Administrator to develop a
plan for the operation of the Landsat 7 spacecraft and for the
processing, archiving, and distribution of its data. The plan
would examine and provide a cost-benefit analysis of the
potential for a ground station and a command and control
facility, and the potential commercial interest in leasing and
operating such facility.
Subsection (c) would authorize $10,000,000 for each of FY
1996, FY 1997, and FY 1998 for procurement and operation of the
Landsat 7 ground segment and for operation of the Landsat 7
spacecraft.
TITLE II--NOAA OCEAN AND COASTAL PROGRAMS
Sec. 201. National Ocean Service
This section authorizes $111,508,000 for FY 1996,
$114,864,000 for FY 1997, and $118,298,000 for FY 1998 for the
NOS programs other than CZM and marine sanctuaries. Subsection
(a) authorizes $44,917,000 for FY 1996, $46,275,000 for FY
1997, and $47,652,000 for FY 1998 for mapping, charting, and
geodesy activities, including geodetic data collection and
analysis. The amount authorized for these activities in FY 1996
is $8,000,000 below the appropriation provided in FY 1995. This
reduction in funding assumes enactment of section 501
transferring functions performed by NOAA's Aeronautical
Charting and Cartography Office to the FAA. Of the sums
authorized by this subsection, $5,000,000 is to be used to
reduce the backlog of critical survey needs in U.S. waters. In
addition, this subsection would provide the Secretary with the
authority to contract for hydrographic surveying and mapping
services in accordance with title IX of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 541 et
seq.). Given the public safety implications of hydrographic
surveying and mapping, this authority will permit NOAA to seek
best-qualified bidders rather than accepting the lowest-cost
bid for a contract.
Subsection (b) authorizes $66,591,000 for FY 1996,
$68,589,000 for FY 1997, and $70,646,000 for FY 1998 for
observation and assessment activities. Of the sums authorized
by this subsection, $10,943,000 for FY 1996, $11,271,000 for FY
1997, and $11,609,000 for FY 1998 are earmarked to carry out
COP. The goal of this program is to improve predictions of: (1)
fish stocks for better conservation and management of living
marine resources; (2) coastal ocean pollution to help correct
and prevent degradation; and (3) coastal hazards to protect
human life and personal property.
Sec. 202. Ocean and Great Lakes research
This section authorizes $9,506,000 for FY 1996, $9,791,000
for FY 1997, and $10,085,000 for FY 1998 for ocean and Great
Lakes research activities. These funds support two of NOAA's
primary mission areas: (1) improving the prediction and
assessment of ocean, coastal, and Great Lakes processes,
phenomena, and resources; and (2) promoting the stewardship of
these resources.
Sec. 203. Reauthorization of the National Sea Grant College Program Act
This section authorizes $53,300,000 for FY 1996, $54,899,000
for FY 1997, and $56,546,000 for FY 1998 for the National Sea
Grant College Program. This funding supports the network of 29
Sea Grant institutions engaged in research, education, and
advisory/extension services. Subsection (b) authorizes not more
than five percent of the annual appropriation for the
administrative costs of the Sea Grant program. NOAA management
has raised a concern that the use of administrative monies to
fund Small Business Innovation Research (SBIR) Program
contracts is increasingly restricting the portion of funds
intended for administrative purposes.
Sec. 204. National Undersea Research Program
This section, titled the National Undersea Research Program
Act of 1995, would require the Administrator to establish and
maintain NURP for the purpose of increasing scientific
knowledge essential for the wise use and preservation of
oceanic, coastal, and large lake resources.
This section also would require: (1) the Administrator to
designate a Director of NURP; (2) the research activities of
the program to be conducted by regional National Undersea
Research Centers; and (3) each regional center to receive not
less than 13 percent of the annual federal appropriations for
the program. Currently, NURP is comprised of six regional
centers: the northeastern and Great Lakes center at the
University of Connecticut; the southeastern and Gulf of Mexico
center at the University of North Carolina in Wilmington; the
Caribbean center in Covington, Virginia; the Pacific and polar
regions center at the University of Alaska, Fairbanks; the
Hawaii and other Pacific Islands center at the University of
Hawaii in Manoa; and the Mid-Atlantic Bight center at Rutgers
University.
Section 204 authorizes NURP appropriations of $12,000,000 for
FY 1996, $12,360,000 for FY 1997, and $12,731,000 for FY 1998.
These authorizations reflect a reduction from the current level
of funding. The Committee is aware the reduced authorization
levels will result in a decrease in funding for some of the six
existing regional research centers. In order to minimize the
impact on current research projects, the Committee directs that
the centers which receive the greatest decreases and that have
undersea research projects that will not otherwise be completed
be given priority in the allocation of NURP funds after each
center has received the 13 percent minimum.
Finally, this section would authorize up to $500,000 annually
for program administration. This section additionally
authorizes the Director to spend up to five percent of the
authorized amount ($600,000 in FY 1996, if $12,000,000 is
appropriated) to fund research activities identified by the
Director. The Committee supports the continuation of undersea
research currently funded by the NURP administrative office at
the Woods Hole Institute in Massachusetts and intends that,
within the amount authorized to fund research activities
identified by the Director, full funding continue to be
provided for operation of the submersible ALVIN.
Sec. 205. Reauthorization of the Coastal Zone Management Act
This section reauthorizes the CZM Act of 1972 for three years
and amends certain program requirements relating to development
and enhancement grants. Subsection (a) amends the CZM Act to:
(1) reauthorize grants to states not to exceed $200,000 for the
purposes of developing state CZM programs in FY 1996, FY 1997,
and FY 1998; (2) increase the number of total development
grants a state is eligible to receive from two to four; (3)
defer the deadline for states developing management programs to
come into compliance with the published final guidelines for
the Coastal Nonpoint Source Pollution Control program until 30
months after approval of their management program; and (4)
enable the Secretary to use monies from the CZM Fund for
administrative expenses and other purposes defined in the
statute. Because the four states currently developing their
core CZM programs have expressed difficulty in simultaneously
meeting the multiple requirements of both the CZM program and
the Nonpoint Source Pollution Control Program, subsection
(a)(3) would provide those states which are in the process of
developing a CZM program the same timetable for complying with
the requirements of the Nonpoint Source Pollution Control
program as those states with approved CZM programs.
Subsection (b) would extend to coastal states that are
participating in the Enhancement Grants program the authority
to use funds from those grants to develop program refinements
and to begin actual implementation of program changes and
program refinements for up to two years.
Subsection (c) authorizes $5,000,000 for each of FY 1996, FY
1997, and FY 1998 for implementing and developing section 6217
of the Coastal Zone Act Reauthorization Amendments of 1990 (16
U.S.C. 1455b).
Subsection (d) authorizes: (1) $750,000 for each of FY 1996,
FY 1997, and FY 1998 for grants to assist and guide states in
the development of CZM programs; (2) $45,500,000 for FY 1996,
$46,865,000 for FY 1997, $48,271,000 for FY 1998 for grants
relating to program administration and enhancement; (3)
$3,350,000 for FY 1996, $3,451,000 for FY 1997, $3,554,000 for
FY 1998 for grants relating to the National Estuarine Research
Reserve System; (4) no more than $10,000,000 for each of FY
1996, FY 1997, and FY 1998 for technical assistance grants; and
(5) such sums not to exceed the lesser of either $5,000,000 or
eight percent of the total annual CZM Act appropriation for
each of FY 1996, FY 1997, and FY 1998 for administrative
expenses. Subsection (d) also would prohibit any funding for
technical assistance grants from being used to augment funding
for the other grants authorized by this section.
TITLE III--NOAA MARINE FISHERY PROGRAMS
Sec. 301. Authorization of appropriations
This section authorizes appropriations for a number of NOAA's
marine fisheries programs. Subsection (a) authorizes
$49,340,000 for FY 1996, $50,820,000 for FY 1997, and
$52,345,000 for FY 1998 for fisheries information collection
and analysis activities. Subsection (b) authorizes $28,183,000
for FY 1996, $29,028,000 for FY 1997, and $29,899,000 for FY
1998 for fisheries conservation and management operations.
Subsection (c) authorizes $22,405,000 for FY 1996, $23,077,000
for FY 1997, and $23,769,000 for FY 1998 for State and industry
cooperative programs. These authorizations are primarily for
responsibilities established under the Fish and Wildlife Act of
1956 and laws implementing international fishery agreements.
The authorizations in this section are in addition to
authorizations in such other laws as the Magnuson Fishery
Conservation and Management Act, the Marine Mammal Protection
Act, the Endangered Species Act, the Anadromous Fish
Conservation Act, and the Interjurisdictional Fisheries Act of
1986.
Sec. 302. Fisheries research facilities
Subsections (a) and (b) authorize the construction of new
NOAA facilities at Fort Johnson, South Carolina and on Auke
Cape near Juneau, Alaska. Subsection (a) requires that the
annual cost of leasing the required land for the Fort Johnson
facility not exceed one dollar. Subsection (b) requires that
property for the Auke Cape facility be transferred to NOAA from
the U.S. Coast Guard or the City of Juneau. The Committee
recognizes the need for these two new facilities, but intends
that the property and land on which they are built be made
available to NOAA at a nominal cost.
The facility at Fort Johnson is needed to support the
development of innovative research programs that will provide
fishery managers with the information necessary to rebuild and
sustain fishery resources of the South Atlantic Bight and
adjacent areas. The expanded facility will allow NOAA to build
on an almost 20-year foundation of Federal, State, and
university cooperation to address relationships affecting
marine ecosystems and human health. The facility also will
enhance NOAA's ability to conduct cost-effective,
interdisciplinary research without requiring a major commitment
of additional Federal personnel.
The NOAA facility on Auke Cape is needed because NOAA
currently does not have adequate facilities in Juneau. NOAA
personnel in Juneau currently work in crowded offices at
various locations, and the lack of adequate space and a
centralized NOAA facility hinders the agency's ability to
effectively carry out its responsibilities. These
responsibilities include, among other things, management and
research activities critical to North Pacific fisheries which
account for over half of the nation's annual commercial
harvest. The facility on Auke Cape will provide office and
laboratory space for all NOAA personnel currently located in
Juneau as well as for reasonable growth planned by NOAA in the
number of personnel located in Juneau.
Subsection (c) requires that the architectural and
engineering work for the Fort Johnson and Auke Cape facilities
be completed by May 1, 1996 using funds previously appropriated
for such work.
Sec. 303. Fisheries loan guarantee reform
This section amends title XI of the Merchant Marine Act,
1936 (46 U.S.C. App. 1271-1279) to modify the conditions under
which NOAA provides loan guarantees to the fishing industry
through the Fishing Vessel Obligation Guarantee (FVOG) program.
Subsections (a) and (b) include basic findings related to
the FVOG program and explain the purposes of section 303.
Subsection (c) amends section 1104A(b)(2) of the Merchant
Marine Act, 1936, to allow obligations related to fishing
vessels and fishery facilities to be placed through the Federal
Financing Bank, unless such placement is not reasonably
available or placement elsewhere is available at a lower annual
yield. Fishery loan guarantees currently are the only type of
federal guarantee not allowed to be placed through the Federal
Financing Bank. Placement of FVOG loan guarantees through the
Federal Financing Bank will allow for a reduction in the
interest costs of the guarantees.
Subsection (d) limits the level of loans that may be
guaranteed by the FVOG program to $25,000,000 annually. In
setting a cap, the Committee intends to allow for the necessary
refinancing and construction of fishing vessels and fishery
facilities without increasing U.S. harvesting capacity.
Subsection (e) would allow FVOG fees to be adjusted so that
fees paid by loan guarantee applicants are kept roughly the
same as the current amounts being paid, even though savings
have been achieved by placing obligations through the Federal
Financing Bank.
Subsection (f) would allow NOAA to use these savings to pay
for the direct administrative costs of the FVOG program.
Specifically, subsection (f) authorizes the Secretary to use up
to $1 million annually of the money generated by the fees to
pay for such administrative costs.
Subsection (g) would prohibit the Federal government from
guaranteeing any new loans until October 1, 2001 for the
construction of new fishing vessels if the construction would
increase the U.S. harvesting capacity within the U.S. exclusive
economic zone.
TITLE IV--PROGRAM ADMINISTRATION AND SUPPORT
Sec. 401. Program support
This section authorizes $196,510,000 for FY 1996,
$198,695,000 for FY 1997, and $200,946,000 for FY 1998 for
program support and construction.
Subsection (a) includes $72,847,000 for FY 1996,
$75,032,000 for FY 1997, and $77,283,000 for FY 1998 for
administration and services, including management activities,
administrative support, the provision of retired pay to NOAA
commissioned officers, and policy development.
Subsection (b) authorizes $54,163,000 for each of FY 1996,
FY 1997, and FY 1998 for the acquisition, construction,
maintenance, and operation of NOAA facilities, including the
construction authorized in section 302.
Subsection (c) authorizes $60,000,000 for each of FY 1996,
FY 1997, and FY 1998 for marine services activities, including
ship operations, maintenance, and support.
Subsection (d) authorizes $9,500,000 for each of FY 1996,
FY 1997, and FY 1998 for aircraft service activities, including
aircraft operations, maintenance, and support.
Sec. 402. Personnel reductions
This section addresses efforts to downsize the NOAA
workforce consistent with overall efforts to downsize the
federal government. Subsection (a) would require the
Administrator by the end of FY 1999 to cut at least 2,318 full
time equivalent (FTE) positions from NOAA's FY 1993 base, a 16
percent reduction in the overall NOAA FTE level. The Committee
believes this reduction will not adversely affect the agency's
ability to carry out its functions and responsibilities.
Subsection (b) would authorize an end-of-year personnel
strength for commissioned officers of 383 as of September 30,
1996, 345 as of September 30, 1997, 311 as of September 30,
1998, and 285 as of September 30, 1999. This strength level
reflects a 25 percent reduction in force over the next four
years. Subsection (b)(2)(A) is a conforming amendment changing
existing law to reflect the reductions required, and subsection
(b)(2)(B) increases the statutory limit on reductions in the
number of NOAA officers that may be made annually from four
percent to ten percent.
Subsection (b)(3) would require the Secretary to implement
a separation benefits program and an early retirement program
for members of the NOAA Corps in order to achieve the
reductions required by this section. These two programs will
allow the Secretary to achieve the reductions in a manner that
is both fair and equitable to NOAA Corps members, and cost
efficient for the agency. Specifically, this subsection would
make the special separation benefits program created for
members of the armed forces applicable in the same manner and
to the same extent to NOAA Corps members who have served with
the Corps for six or more years. Section 1174a(b) of title 10,
United States Code, establishes the formula for separation pay
these NOAA Corps members would be eligible to receive if the
Secretary approves their separation application. This
subsection also would make the DoD early retirement program
applicable in the same manner and to the same extent to NOAA
Corps members who have served for at least 15 years, but less
than 20 years. The formula for early retirement pay which these
NOAA Corps members would be eligible to receive if the
Secretary approves their retirement application is found in
subsection (e) of the note which accompanies section 1293 of
title 10, United States Code.
Additional guidelines for the separation and retirement
programs, including eligibility requirements, application
guidelines, and termination dates for the two programs, are
contained in section 1174a and the note accompanying section
1293 of title 10, United States Code. The Committee intends
that the Secretary have reasonable discretion and flexibility
in applying the provisions of these sections of title 10.
However, the Secretary should seek additional authority from
Congress in order to continue the separation and retirement
programs past September 30, 1999 and October 1, 1999,
respectively. This section does not authorize DoD funds to be
used for the NOAA Corps separation or early retirement
programs, nor is this section intended to involve DoD in any
way with NOAA Corps programs.
TITLE V--COST SAVINGS AND STREAMLINING
Sec. 501. Transfer of aeronautical charting
This section would transfer NOAA's aeronautical charting
responsibilities to FAA, effective October 1, 1995. Subsection
(a) provides for the transfer to the FAA of the functions
vested in the Secretary: (1) relating to aeronautical surveys
and the compilation, printing, and distribution of aeronautical
charts; (2) relating to the establishment of prices at which
aeronautical charts and related products may be sold; and (3)
that are incidental or necessary to these functions.
Subsection (b) requires that personnel, property, records,
and available funds connected to NOAA's aeronautical charting
functions be transferred to the FAA. The Director of the Office
of Management and Budget is charged with determining what
incidentals should be transferred under this section and with
determining other measures that may be necessary to effectuate
the transfer of functions under this section.
Sec. 502. Regulatory streamlining
This section directs the Administrator to review all
regulations issued by NOAA prior to January 1, 1995 and to
identify and eliminate redundant and obsolete regulations in
order to achieve a 45 percent reduction in the volume of
regulations to the extent that such reduction is not
inconsistent with the statutory obligations of NOAA. This
review is to be completed by December 31, 1997.
Sec. 503. Reduction in NOAA fleet
NOAA fleet activities currently are authorized through FY
1997. However, this section would require the Secretary to
submit a revised fleet modernization plan to the appropriate
Committees of the Senate and the House of Representatives by
March 1, 1996. The revised plan would provide for: (1) a 50
percent reduction in the current size of the NOAA fleet,
including the elimination of six existing vessels by the end of
FY 1998; (2) a 50 percent reduction in the construction cost
estimates contained in the 1993 fleet modernization plan; (3)
greater use of chartering and contracting out for activities
currently conducted by the NOAA fleet; and (4) the sale of
decommissioned vessels where feasible. It is the Committee's
intent that high priority programs continue while the
streamlining and downsizing of the NOAA fleet is accomplished.
In order to maintain continuity of high priority programs such
as mapping and charting and fisheries research, the Secretary
is encouraged to pursue chartering and contracting out of
services where available and cost effective.
Sec. 504. Reduction in reporting requirements
This section directs the Administrator to review all
Congressionally-mandated reporting requirements and to
recommend legislation by March 31, 1996 to eliminate at least
50 percent of the reporting requirements in effect on January
1, 1995.
Sec. 505. Laboratory consolidation study
This section requires the Secretary to develop a laboratory
consolidation plan, including an implementation schedule, for
NOAA facilities. The plan is required to consider the following
factors: (1) the age and physical condition of the facility,
including the costs of keeping the facility functioning; (2)
the relationship of the research performed at the facility to
NOAA's core missions; and (3) the proximity of similar non-
Federal research facilities that carry out similar research
functions. The Secretary is required to provide the plan to the
Congress by March 1, 1996.
Sec. 506. Conveyances
This section authorizes the Secretary to convey the NMFS
laboratory located in Gloucester, Massachusetts to the
Commonwealth of Massachusetts for use by the Commonwealth's
Division of Marine Fisheries resource management program. The
Secretary is authorized to enter into a memorandum of
understanding with the Commonwealth to allow NMFS to continue
to occupy a portion of the laboratory for a period not to
exceed five years. A reversionary clause is included.
Subsection (b) authorizes conveyance to NOAA of Pier Quebec
located on the Charleston Navy Base in South Carolina. The
subsection amends a provision in the 1994 reauthorization of
the Marine Mammal Protection Act which conveyed property
adjacent to the pier to NOAA for the agency's Coastal
Environmental Health Center. In conjunction with Center
activities, NOAA recently stationed two research vessels, the
FERREL and the RELENTLESS, in Charleston. However, in the event
of a hurricane, these vessels are not large enough to go to sea
and survive rough seas, and the current Center pier is not
suitable for mooring vessels during such a severe weather
event. Pier Quebec, which would be conveyed to NOAA without
payment or other consideration, is larger and meets all of
NOAA's operational requirements.
Sec. 507. Pribilof Islands
This section authorizes the Secretary to clean up landfills,
wastes, dumps, debris, storage tanks, property, hazardous or
unsafe conditions, and contaminants-- including petroleum
products and their derivatives-- in the course of fulfilling
obligations under Federal and State law on the lands NOAA
transferred to local entities on the Pribilof Islands, Alaska
pursuant to the Fur Seal Act of 1966 and other applicable law.
The intent of this provision is to ensure lands turned over to
the residents of the Pribilofs are completely clean of
contamination, waste, or debris left by NOAA.
Subsection (b) requires that, in carrying out the cleanup
activities, the Secretary shall: (1) execute agreements to the
maximum extent practicable with the State of Alaska and local
entities; (2) manage activities with minimal overhead, delay,
and duplication of work; (3) receive approval from the State of
Alaska for agreements with the State of Alaska or local
entities for activities required by State law; and (4) receive
approval from local entities and landowners before conducting
cleanup activities on their property.
Subsection (c) requires the Secretary to carry out the
cleanup activities through agreements, such as contracts and
grants, with local entities and residents to the maximum extent
practicable, notwithstanding any other law that might prevent
such agreements. Subsections (b) and (c) are intended to ensure
full input from, and participation by, the State of Alaska and
local residents and entities in the cleanup activities for
which NOAA has responsibility, and to ensure local residents
and entities do the clean up work to the maximum extent
practicable through grants, contracts, or other agreements.
Sec. 508. Reimbursement of expenses
This section requires amounts received by the United States
in settlement of, or judgement for, damage claims arising from
a past accident where a moored NOAA vessel was hit by another
vessel to be deposited as offsetting collections in the NOAA
Operations, Research, and Facilities account. Such funds may
not exceed $518,757.09.
Sec. 509 Certain National Weather Service field stations
This section amends section 706(e) of the Weather Service
Modernization Act, adding a new paragraph to the provision
identifying special circumstances the Secretary must address
before closing or relocating certain NWS field offices. In June
1995, the National Research Council released a report entitled
``Assessment of NEXRAD Coverage and Associated Weather
Services'' that identified 32 areas where proposed weather
office closures raised substantial public concern. The change
made by this section would require the Secretary to reevaluate
the proposed closings in these identified ``areas of concern''
to ensure weather services to users are maintained at an
equivalent level.
The Committee points out the term ``weather services''
encompasses not only the actual services provided by NWS to
local users, but also the quality and extensiveness of the
weather information disseminated through these services.
Weather services are only as good as the information
disseminated through them, and the Committee expects that, in
the course of a certification conducted in accordance with this
section, NWS will make a determination that the quality and
scope of the meteorological data, spotter reports, and other
kinds of weather information now developed for the areas of
concern will, at the least, not be diminished by a field office
closure or relocation in these areas.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 15, COMMERCE AND TRADE
CHAPTER 9--NATIONAL WEATHER SERVICE
Sec. 313. Duties of Secretary of Commerce
The Chief of the Weather Bureau, under the direction of the
Secretary of Agriculture, shall have charge of the forecasting
of weather, the issue of storm warnings, the display of weather
and flood signals for the benefit of agriculture, commerce, and
navigation, the gauging and reporting of rivers, the
maintenance and operation of seacoast telegraph lines and the
collection and transmission of marine intelligence for the
benefit of commerce and navigation, the reporting of
temperature and rain-fall conditions for the cotton interests,
the display of frost and cold-wave signals, the distribution of
meteorological information in the interests of agriculture and
commerce, and the taking of such meteorological observations as
may be necessary to establish and record the climatic
conditions of the United States, or as are essential for the
proper execution of the foregoing duties.
----------
WEATHER SERVICE MODERNIZATION ACT (15 U.S.C. 313 NOTE)
SEC. 706. RESTRUCTURING FIELD OFFICES.
(a) Prohibition.--The Secretary shall not close, before
January 1, 1996, any field office pursuant to implementation of
the Strategic Plan.
(b) Certification.--The Secretary shall not close,
consolidate, automate, or relocate any field office, unless the
Secretary has certified that such action will not result in any
degradation of service. Such certification shall include--
(1) a description of local weather characteristics
and weather-related concerns which affect the weather
services provided within the service area;
(2) a detailed comparison of the services provided
within the service area and the services to be provided
after such action;
(3) a description of any recent or expected
modernization of National Weather Service operations
which will enhance services in the service area;
(4) an identification of any area within any State
which would not receive coverage (at an elevation of
10,000 feet) by the next generation weather radar
network;
(5) evidence, based upon operational demonstration of
modernized National Weather Service operations, which
was considered in reaching the conclusion that no
degradation in service will result from such action;
and
(6) any report of the Committee submitted under
section 707(c) that evaluates the proposed
certification.
(c) Public Review.--Each certification decision shall be
preceded by--
(1) publication in the Federal Register of a proposed
certification; and
(2) a 60-day period after such publication during
which the public may provide comments to the Secretary
on the proposed certification.
(d) Final Decision.--If after consideration of the public
comment received under subsection (c) the Secretary, in
consultation with the Committee, decides to close, consolidate,
automate, or relocate any such field office, the Secretary
shall publish a final certification in the Federal Register and
submit the certification to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives.
(e) Special Circumstances.--The Secretary may not close or
relocate any field office--
(1) which is located at an airport, unless the
Secretary, in consultation with the Secretary of
Transportation and the Committee, first conducts an air
safety appraisal, determines that such action will not
result in degradation of service that affects aircraft
safety, and includes such determination in the
certification required under subsection (b); [or]
(2) which is the only office in a State, unless the
Secretary first evaluates the effect on weather
services provided to in-State users, such as State
agencies, civil defense officials, and local public
safety offices, and includes in the certification
required under subsection (b) the Secretary's
determination that a comparable level of weather
services provided to such in-State users will [remain.]
remain; or
(3) which is located in, or serves, an area
identified as an area of geographic concern in chapter
4 of the report entitled ``Assessment of NEXRAD
Coverage and Associated Weather Services'' published in
June, 1995, by the National Research Council, unless,
prior to closing or relocating the field office, the
Secretary--
(A) evaluates, as part of the certification
process, the effect of that closing or
relocation on all weather information and
services provided to users served by that field
office (including State agencies, civil defense
officials, local public safety officials,
farmers, and other local citizens serviced by
that field office); and
(B) includes in a certification made by the
Secretary under subsection (b) a determination
that, after the closing or relocation, an
equivalent level of weather services provided
to the users referred to in subparagraph (A)
before the closing or relocation will be
provided to those users.
(f) Liaison Officer.--The Secretary may not close,
consolidate, automate, or relocate a field office until
arrangements have been made to maintain for a period of at
least 2 years at least one person in the service area to act as
a liaison officer who--
(1) provides timely information regarding the
activities of the National Weather Service which may
affect service to the community, including
modernization and restructuring; and
(2) works with area weather service users, including
persons associated with general aviation, civil
defense, emergency preparedness, and the news media,
with respect to the provision of timely weather
warnings and forecasts.
CHAPTER 82--LAND REMOTE SENSING POLICY LANDSAT
Sec. 5611. Landsat program management
(a) Establishment.--The Administrator and the Secretary of
Defense shall be responsible for management of the Landsat
program. Such responsibility shall be carried out by
establishing an integrated program management structure for the
Landsat system.
(b) Management Plan.--The Administrator, the Secretary of
Defense, and any other United States Government official the
President designates as responsible for part of the Landsat
program, shall establish, through a management plan, the roles,
responsibilities, and funding expectations for the Landsat
Program of the appropriate United States Government agencies.
The management plan shall--
(1) specify that the fundamental goal of the Landsat
Program Management is the continuity of unenhanced
Landsat data through the acquisition and operation of a
Landsat 7 satellite as quickly as practicable which is,
at a minimum, functionally equivalent to the Landsat 6
satellite, with the addition of a tracking and data
relay satellite communications capability;
(2) include a baseline funding profile that--
(A) is mutually acceptable to the National
Aeronautics and Space Administration and the
Department of Defense for the period covering
the development and operation of Landsat 7; and
(B) provides for total funding responsibility
of the National Aeronautics and Space
Administration and the Department of Defense,
respectively, to be approximately equal to the
funding responsibility of the other as spread
across the development and operational life of
Landsat 7;
(3) specify that any improvements over the Landsat 6
functional equivalent capability for Landsat 7 will be
funded by a specific sponsoring agency or agencies, in
a manner agreed to by the Landsat Program Management,
if the required funding exceeds the baseline funding
profile required by paragraph (2), and that additional
improvements will be sought only if the improvements
will not jeopardize data continuity; and
(4) provide for a technology demonstration program
whose objective shall be the demonstration of advanced
land remote sensing technologies that may potentially
yield a system which is less expensive to build and
operate, and more responsive to data users, than is the
current Landsat system.
(c) Responsibilities.--The Landsat Program Management shall
be responsible for--
(1) Landsat 7 procurement, launch, and operations;
(2) ensuring that the operation of the Landsat system
is responsive to the broad interests of the civilian,
national security, commercial, and foreign users of the
Landsat system;
(3) ensuring that all unenhanced Landsat data remain
unclassified and that, except as provided in section
506 (a) and (b) [15 U.S.C. 5656(a), (b)], no
restrictions are placed on the availability of
unenhanced data;
(4) ensuring that land remote sensing data of high
priority locations will be acquired by the Landsat 7
system as required to meet the needs of the United
States Global Change Research Program, as established
in the Global Change Research Act of 1990 [15 U.S.C.
2921 et seq.], and to meet the needs of national
security users;
(5) Landsat data responsibilities pursuant to this
Act;
(6) oversight of Landsat contracts entered into under
sections 102 and 103 [15 U.S.C. 5612, 5613];
(7) coordination of a technology demonstration
program, pursuant to section 303 [15 U.S.C. 5633]; and
(8) ensuring that copies of data acquired by the
Landsat system are provided to the National Satellite
Land Remote Sensing Data Archive.
(d) Authority to Retain Fees.--The Landsat Program Management
Member responsible for operation of the Landsat 7 system is
directed to retain the fees collected from foreign ground
stations and for Landsat 7 data sales to offset the costs of
operating the Landsat 7 system.
[(d)] (e) Authority To Contract.--The Landsat Program
Management may, subject to appropriations and only under the
existing contract authority of the United States Government
agencies that compose the Landsat Program Management, enter
into contracts with the private sector for services such as,
but not limited to, satellite operations and data
preprocessing.
[(e)] (f) Landsat Advisory Process.--
(1) Establishment.--The Landsat Program Management
shall seek impartial advice and comments regarding the
status, effectiveness, and operation of the Landsat
system, using existing advisory committees and other
appropriate mechanisms. Such advice shall be sought
from individuals who represent--
(A) a broad range of perspectives on basic
and applied science and operational needs with
respect to land remote sensing data;
(B) the full spectrum of users of Landsat
data, including representatives from United
States Government agencies, State and local
government agencies, academic institutions,
nonprofit organizations, value-added companies,
the agricultural, mineral extraction, and other
user industries, and the public, and
(C) a broad diversity of age groups, sexes,
and races.
(2) Reports.--Within 1 year after the date of the
enactment of this Act and biennially thereafter, the
Landsat Program Management shall prepare and submit a
report to the Congress which--
(A) reports the public comments received
pursuant to paragraph (1); and
(B) includes--
(i) a response to the public comments
received pursuant to paragraph (1);
(ii) information on the volume of
use, by category, of data from the
Landsat system; and
(iii) any recommendations for policy
or programmatic changes to improve the
utility and operation of the Landsat
system.
----------
TITLE 16, CONSERVATION
CHAPTER 33--COASTAL ZONE MANAGEMENT
Sec. 1454. Management program development grants
(a) In fiscal years [1991, 1992, and 1993] 1996, 1997, and
1998, the Secretary may make a grant annually to any coastal
State without an approved program if the coastal State
demonstrates to the satisfaction of the Secretary that the
grant will be used to develop a management program consistent
with the requirements set forth in section 306 [16 U.S.C.
1455]. The amount of any such grant shall not exceed $200,000
in any fiscal year, and shall require State matching funds
according to a 4-to-1 ratio of Federal-to-State contributions.
[After an initial grant is made to a coastal State pursuant to
this subsection, no subsequent grant shall be made to that
coastal State pursuant to this subsection unless the Secretary
finds that the coastal State is satisfactorily developing its
management program. No coastal State is eligible to receive
more than two grants pursuant to this subsection.] A coastal
State is eligible to receive a total of four grants, beginning
in fiscal year 1991, pursuant to this subsection: Provided,
That the Secretary finds the State is making substantial
progress in developing its management program.
(b) Any coastal State which has completed the development of
its management program shall submit such program to the
Secretary for review and approval pursuant to section 306 [16
U.S.C. 1455].
Sec. 1455. Administrative grants
(a) The Secretary may make grants to any coastal State for
the purpose of administering that State's management program,
if the State matches any such grant according to the following
ratios of Federal-to-State contributions for the applicable
fiscal year:
(1) For those States for which programs were approved
prior to enactment of the Coastal Zone Act
Reauthorization Amendments of 1990, 1 to 1 for any
fiscal year.
(2) For programs approved after enactment of the
Coastal Zone Act Reauthorization Amendments of 1990, 4
to 1 for the first fiscal year, 2.3 to 1 for the second
fiscal year, 1.5 to 1 for the third fiscal year, and 1
to 1 for each fiscal year thereafter.
(b) The Secretary may make a grant to a coastal State under
subsection (a) only if the Secretary finds that the management
program of the coastal State meets all applicable requirements
of this title and has been approved in accordance with
subsection (d).
(c) Grants under this section shall be allocated to coastal
States with approved programs based on rules and regulations
promulgated by the Secretary which shall take into account the
extent and nature of the shoreline and area covered by the
program, population of the area, and other relevant factors.
The Secretary shall establish, after consulting with the
coastal States, maximum and minimum grants for any fiscal year
to promote equity between coastal States and effective coastal
management.
(d) Before approving a management program submitted by a
coastal State, the Secretary shall find the following:
(1) The State has developed and adopted a management
program for its coastal zone in accordance with rules
and regulations promulgated by the Secretary, after
notice, and with the opportunity of full participation
by relevant Federal agencies, State agencies, local
governments, regional organizations, port authorities,
and other interested parties and individuals, public
and private, which is adequate to carry out the
purposes of this title and is consistent with the
policy declared in section 303 [16 U.S.C. 1452].
(2) The management program includes each of the
following required program elements:
(A) An identification of the boundaries of
the coastal zone subject to the management
program.
(B) A definition of what shall constitute
permissible land uses and water uses within the
coastal zone which have a direct and
significant impact on the coastal waters.
(C) An inventory and designation of areas of
particular concern within the coastal zone.
(D) An identification of the means by which
the State proposes to exert control over the
land uses and water uses referred to in
subparagraph (B), including a list of relevant
State constitutional provisions, laws,
regulations, and judicial decisions.
(E) Broad guidelines on priorities of uses in
particular areas, including specifically those
uses of lowest priority.
(F) A description of the organizational
structure proposed to implement such management
program, including the responsibilities and
interrelationships of local, areawide, State,
regional, and interState agencies in the
management process.
(G) A definition of the term ``beach'' and a
planning process for the protection of, and
access to, public beaches and other public
coastal areas of environmental, recreational,
historical, esthetic, ecological, or cultural
value.
(H) A planning process for energy facilities
likely to be located in, or which may
significantly affect, the coastal zone,
including a process for anticipating the
management of the impacts resulting from such
facilities.
(I) A planning process for assessing the
effects of, and studying and evaluating ways to
control, or lessen the impact of, shoreline
erosion, and to restore areas adversely
affected by such erosion.
(3) The State has--
(A) coordinated its program with local,
areawide, and interState plans applicable to
areas within the coastal zone--
(i) existing on January 1 of the year
in which the State's management program
is submitted to the Secretary; and
(ii) which have been developed by a
local government, an areawide agency, a
regional agency, or an interState
agency; and
(B) established an effective mechanism for
continuing consultation and coordination
between the management agency designated
pursuant to paragraph (6) and with local
governments, interState agencies, regional
agencies, and areawide agencies within the
coastal zone to assure the full participation
of those local governments and agencies in
carrying out the purposes of this title; except
that the Secretary shall not find any mechanism
to be effective for purposes of this
subparagraph unless it requires that--
(i) the management agency, before
implementing any management program
decision which would conflict with any
local zoning ordinance, decision, or
other action, shall send a notice of
the management program decision to any
local government whose zoning authority
is affected;
(ii) within the 30-day period
commencing on the date of receipt of
that notice, the local government may
submit to the management agency written
comments on the management program
decision, and any recommendation for
alternatives; and
(iii) the management agency, if any
comments are submitted to it within the
30-day period by any local government--
(I) shall consider the
comments;
(II) may, in its discretion,
hold a public hearing on the
comments; and
(III) may not take any action
within the 30-day period to
implement the management
program decision.
(4) The State has held public hearings in the
development of the management program.
(5) The management program and any changes thereto
have been reviewed and approved by the Governor of the
State.
(6) The Governor of the State has designated a single
State agency to receive and administer grants for
implementing the management program.
(7) The State is organized to implement the
management program.
(8) The management program provides for adequate
consideration of the national interest involved in
planning for, and managing the coastal zone, including
the siting of facilities such as energy facilities
which are of greater than local significance. In the
case of energy facilities, the Secretary shall find
that the State has given consideration to any
applicable national or interState energy plan or
program.
(9) The management program includes procedures
whereby specific areas may be designated for the
purpose of preserving or restoring them for their
conservation, recreational ecological, historical, or
esthetic values.
(10) The State, acting through its chosen agency or
agencies (including local governments, areawide
agencies, regional agencies, or interState agencies)
has authority for the management of the coastal zone in
accordance with the management program. Such authority
shall include power--
(A) to administer land use and water use
regulations to control development to ensure
compliance with the management program, and to
resolve conflicts among competing uses; and
(B) to acquire fee simple and less than fee
simple interests in land, waters, and other
property through condemnation or other means
when necessary to achieve conformance with the
management program.
(11) The management program provides for any one or a
combination of the following general techniques for
control of land uses and water uses within the coastal
zone:
(A) State establishment of criteria and
standards for local implementation, subject to
administrative review and enforcement.
(B) Direct State land and water use planning
and regulation.
(C) State administrative review for
consistency with the management program of all
development plans, projects, or land and water
use regulations, including exceptions and
variances thereto, proposed by any State or
local authority or private developer, with
power to approve or disapprove after public
notice and an opportunity for hearings.
(12) The management program contains a method of
assuring that local land use and water use regulations
within the coastal zone do not unreasonably restrict or
exclude land uses and water uses of regional benefit.
(13) The management program provides for--
(A) the inventory and designation of areas
that contain one or more coastal resources of
national significance; and
(B) specific and enforceable standards to
protect such resources.
(14) The management program provides for public
participation in permitting processes, consistency
determinations, and other similar decisions.
(15) The management program provides a mechanism to
ensure that all State agencies will adhere to the
program.
(16) The management program contains enforceable
policies and mechanisms to implement the applicable
requirements of the Coastal Nonpoint Pollution Control
Program of the State required by section 6217 of the
Coastal Zone Act Reauthorization Amendments of [1990
[16 U.S.C. 1455b].] 1990, in accordance with the
deadlines established by section 6206(b) of that Act.
(e) A coastal State may amend or modify a management program
which it has submitted and which has been approved by the
Secretary under this section, subject to the following
conditions:
(1) The State shall promptly notify the Secretary of
any proposed amendment, modification, or other program
change and submit it for the Secretary's approval. The
Secretary may suspend all or part of any grant made
under this section pending State submission of the
proposed amendments, modification, or other program
change.
(2) Within 30 days after the date the Secretary
receives any proposed amendment, the Secretary shall
notify the State whether the Secretary approves or
disapproves the amendment, or whether the Secretary
finds it is necessary to extend the review of the
proposed amendment for a period not to exceed 120 days
after the date the Secretary received the proposed
amendment. The Secretary may extend this period only as
necessary to meet the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.). If the Secretary does not notify the coastal
State that the Secretary approves or disapproves the
amendment within that period, then the amendment shall
be conclusively presumed as approved.
(3) (A) Except as provided in subparagraph (B), a
coastal State may not implement any amendment,
modification, or other change as part of its approved
management program unless the amendment, modification,
or other change is approved by the Secretary under this
subsection.
(B) The Secretary, after determining on a preliminary
basis, that an amendment, modification, or other change
which has been submitted for approval under this
subsection is likely to meet the program approval
standards in this section, may permit the State to
expend funds awarded under this section to begin
implementing the proposed amendment, modification, or
change. This preliminary approval shall not extend for
more than 6 months and may not be renewed. A proposed
amendment, modification, or change which has been given
preliminary approval and is not finally approved under
this paragraph shall not be considered an enforceable
policy for purposes of section 307 [16 U.S.C. 1456].
----------
COASTAL ZONE REAUTHORIZATION AMENDMENTS OF 1990 (16 U.S.C. 1455 NOTE)
SEC. 6206. ADMINISTRATIVE GRANTS.
* * * * * * *
[(b) Additional Program Requirements.--Each State which
submits a management program for approval under section 306 of
the Coastal Zone Management Act of 1972, as amended by this
subtitle (including a State which submitted a program before
the date of enactment of this Act), shall demonstrate to the
Secretary--
[(1) that the program complies with section
306(d)(14) and (15) of that Act [subsec. (d)(14), (15)
of this section], by not later than 3 years after the
date of the enactment of this Act; and
[(2) that the program complies with section
306(d)(16) of that Act [subsec. (d)(16) of this
section], by not later than 30 months after the date of
publication of final guidance under section 6217(g) of
this Act [16 U.S.C. 1455b(g)].]
(b) Additional Program Requirements._
(1) Each State which submitted on or before November
5, 1990, a management program for approval under
section 306 of the Coastal Zone Management Act of 1972
shall demonstrate to the Secretary that the program
complies with section 306(d)(16) of that Act not later
than 30 months after the date of publication of final
guidance under section 6217(g) of this Act.
(2) Each State which submits after November 5, 1990,
a management program for approval under section 306 of
the Coastal Zone Management Act of 1972 shall
demonstrate to the Secretary that the program complies
with section 306(d)(16) of that Act by not later than
30 months after the date of approval of the management
program.
Sec. 1455b. Protecting coastal waters
(a) In General.--
(1) Program development.--Not later than 30 months
after the date of the publication of final guidance
under subsection (g), each State for which a management
program has been approved pursuant to section 306 of
the Coastal Zone Management Act of 1972 [16 U.S.C.
1455] shall prepare and submit to the Secretary and the
Administrator a Coastal Nonpoint Pollution Control
Program for approval pursuant to this section. The
purpose of the program shall be to develop and
implement management measures for nonpoint source
pollution to restore and protect coastal waters,
working in close conjunction with other State and local
authorities.
(2) Program coordination.--A State program under this
section shall be coordinated closely with State and
local water quality plans and programs developed
pursuant to sections 208, 303, 319, and 320 of the
Federal Water Pollution Control Act (33 U.S.C. 1288,
1313, 1329, and 1330) and with State plans developed
pursuant to the Coastal Zone Management Act of 1972 [16
U.S.C. 1651 et seq.], as amended by this Act. The
program shall serve as an update and expansion of the
State nonpoint source management program developed
under section 319 of the Federal Water Pollution
Control Act [33 U.S.C. 1329], as the program under that
section relates to land and water uses affecting
coastal waters.
(b) Program Contents.--Each State program under this section
shall provide for the implementation, at a minimum, of
management measures in conformity with the guidance published
under subsection (g), to protect coastal waters generally, and
shall also contain the following:
(1) Identifying land uses.--The identification of,
and a continuing process for identifying, land uses
which, individually or cumulatively, may cause or
contribute significantly to a degradation of--
(A) those coastal waters where there is a
failure to attain or maintain applicable water
quality standards or protect designated uses,
as determined by the State pursuant to its
water quality planning processes; or
(B) those coastal waters that are threatened
by reasonably foreseeable increases in
pollution loadings from new or expanding
sources.
(2) Identifying critical coastal areas.--The
identification of, and a continuing process for
identifying, critical coastal areas adjacent to coastal
waters referred to in paragraph (1)(A) and (B), within
which any new land uses or substantial expansion of
existing land uses shall be subject to management
measures in addition to those provided for in
subsection (g).
(3) Management measures.--The implementation and
continuing revision from time to time of additional
management measures applicable to the land uses and
areas identified pursuant to paragraphs (1) and (2)
that are necessary to achieve and maintain applicable
water quality standards under section 303 of the
Federal Water Pollution Control Act (33 U.S.C. 1313)
and protect designated uses.
(4) Technical assistance.--The provision of technical
and other assistance to local governments and the
public for implementing the measures referred to in
paragraph (3), which may include assistance in
developing ordinances and regulations, technical
guidance, and modeling to predict and assess the
effectiveness of such measures, training, financial
incentives, demonstration projects, and other
innovations to protect coastal water quality and
designated uses.
(5) Public participation.--Opportunities for public
participation in all aspects of the program, including
the use of public notices and opportunities for
comment, nomination procedures, public hearings,
technical and financial assistance, public education,
and other means.
(6) Administrative coordination.--The establishment
of mechanisms to improve coordination among State
agencies and between State and local officials
responsible for land use programs and permitting, water
quality permitting and enforcement, habitat protection,
and public health and safety, through the use of joint
project review, memoranda of agreement, or other
mechanisms.
(7) State coastal zone boundary modification.--A
proposal to modify the boundaries of the State coastal
zone as the coastal management agency of the State
determines is necessary to implement the
recommendations made pursuant to subsection (e). If the
coastal management agency does not have the authority
to modify such boundaries, the program shall include
recommendations for such modifications to the
appropriate State authority.
(c) Program Submission, Approval, and Implementation.--
(1) Review and approval.--Within 6 months after the
date of submission by a State of a program pursuant to
this section, the Secretary and the Administrator shall
jointly review the program. The program shall be
approved if--
(A) the Secretary determines that the
portions of the program under the authority of
the Secretary meet the requirements of this
section and the Administrator concurs with that
determination; and
(B) the Administrator determines that the
portions of the program under the authority of
the Administrator meet the requirements of this
section and the Secretary concurs with that
determination.
(2) Implementation of approved program.--If the
program of a State is approved in accordance with
paragraph (1), the State shall implement the program,
including the management measures included in the
program pursuant to subsection (b), through--
(A) changes to the State plan for control of
nonpoint source pollution approved under
section 319 of the Federal Water Pollution
Control Act [33 U.S.C. 1329]; and
(B) changes to the State coastal zone
management program developed under section 306
of the Coastal Zone Management Act of 1972 [16
U.S.C. 1455], as amended by this Act.
(3) Withholding coastal management assistance.--If
the Secretary finds that a coastal State has failed to
submit an approvable program as required by this
section, the Secretary shall withhold for each fiscal
year until such a program is submitted a portion of
grants otherwise available to the State for the fiscal
year under section 306 of the Coastal Zone Management
Act of 1972 [16 U.S.C. 1455], as follows:
(A) 10 percent for fiscal year 1996.
(B) 15 percent for fiscal year 1997.
(C) 20 percent for fiscal year 1998.
(D) 30 percent for fiscal year 1999 and each
fiscal year thereafter.
The Secretary shall make amounts withheld under this
paragraph available to coastal States having programs
approved under this section.
(4) Withholding water pollution control assistance.--
If the Administrator finds that a coastal State has
failed to submit an approvable program as required by
this section, the Administrator shall withhold from
grants available to the State under section 319 of the
Federal Water Pollution Control Act [33 U.S.C. 1329],
for each fiscal year until such a program is submitted,
an amount equal to a percentage of the grants awarded
to the State for the preceding fiscal year under that
section, as follows:
(A) For fiscal year 1996, 10 percent of the
amount awarded for fiscal year 1995.
(B) For fiscal year 1997, 15 percent of the
amount awarded for fiscal year 1996.
(C) For fiscal year 1998, 20 percent of the
amount awarded for fiscal year 1997.
(D) For fiscal year 1999 and each fiscal year
thereafter, 30 percent of the amount awarded
for fiscal year 1998 or other preceding fiscal
year.
The Administrator shall make amounts withheld under
this paragraph available to States having programs
approved pursuant to this subsection.
(d) Technical Assistance.--The Secretary and the
Administrator shall provide technical assistance to coastal
States and local governments in developing and implementing
programs under this section. Such assistance shall include--
(1) methods for assessing water quality impacts
associated with coastal land uses;
(2) methods for assessing the cumulative water
quality effects of coastal development;
(3) maintaining and from time to time revising an
inventory of model ordinances, and providing other
assistance to coastal States and local governments in
identifying, developing, and implementing pollution
control measures; and
(4) methods to predict and assess the effects of
coastal land use management measures on coastal water
quality and designated uses.
(e) Inland Coastal Zone Boundaries.--
(1) Review.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency,
shall, within 18 months after the effective date of
this title, review the inland coastal zone boundary of
each coastal State program which has been approved or
is proposed for approval under section 306 of the
Coastal Zone Management Act of 1972 [16 U.S.C. 1455],
and evaluate whether the State's coastal zone boundary
extends inland to the extent necessary to control the
land and water uses that have a significant impact on
coastal waters of the State.
(2) Recommendation.--If the Secretary, in
consultation with the Administrator, finds that
modifications to the inland boundaries of a State's
coastal zone are necessary for that State to more
effectively manage land and water uses to protect
coastal waters, the Secretary, in consultation with the
Administrator, shall recommend appropriate
modifications in writing to the affected State.
(f) Financial Assistance.--
(1) In general.--Upon request of a State having a
program approved under section 306 of the Coastal Zone
Management Act of 1972 [16 U.S.C. 1455], the Secretary,
in consultation with the Administrator, may provide
grants to the State for use for developing and
implementing a State program under this section.
(2) Amount.--The total amount of grants to a State
under this subsection shall not exceed 50 percent of
the total cost to the State of developing and
implementing a program under this section.
(3) State share.--The State share of the cost of an
activity carried out with a grant under this subsection
shall be paid from amounts from non-Federal sources.
(4) Allocation.--Amounts available for grants under
this subsection shall be allocated among States in
accordance with regulations issued pursuant to section
306(c) of the Coastal Zone Management Act of 1972 [16
U.S.C. 1455(c)], except that the Secretary may use not
more than 25 percent of amounts available for such
grants to assist States which the Secretary, in
consultation with the Administrator, determines are
making exemplary progress in preparing a State program
under this section or have extreme needs with respect
to coastal water quality.
(g) Guidance for Coastal Nonpoint Source Pollution
Control.--
(1) In general.--The Administrator, in consultation
with the Secretary and the Director of the United
States Fish and Wildlife Service and other Federal
agencies, shall publish (and periodically revise
thereafter) guidance for specifying management measures
for sources of nonpoint pollution in coastal waters.
(2) Content.--Guidance under this subsection shall
include, at a minimum--
(A) a description of a range of methods,
measures, or practices, including structural
and nonstructural controls and operation and
maintenance procedures, that constitute each
measure;
(B) a description of the categories and
subcategories of activities and locations for
which each measure may be suitable;
(C) an identification of the individual
pollutants or categories or classes of
pollutants that may be controlled by the
measures and the water quality effects of the
measures;
(D) quantitative estimates of the pollution
reduction effects and costs of the measures;
(E) a description of the factors which should
be taken into account in adapting the measures
to specific sites or locations; and
(F) any necessary monitoring techniques to
accompany the measures to assess over time the
success of the measures in reducing pollution
loads and improving water quality.
(3) Publication.--The Administrator, in consultation
with the Secretary, shall publish--
(A) proposed guidance pursuant to this
subsection not later than 6 months after the
date of the enactment of this Act; and
(B) final guidance pursuant to this
subsection not later than 18 months after such
effective date.
(4) Notice and comment.--The Administrator shall
provide to coastal States and other interested persons
an opportunity to provide written comments on proposed
guidance under this subsection.
(5) Management measures.--For purposes of this
subsection, the term ``management measures'' means
economically achievable measures for the control of the
addition of pollutants from existing and new categories
and classes of nonpoint sources of pollution, which
reflect the greatest degree of pollutant reduction
achievable through the application of the best
available nonpoint pollution control practices,
technologies, processes, siting criteria, operating
methods, or other alternatives.
(h) Authorizations of Appropriations.--
(1) Administrator.--There is authorized to be
appropriated to the Administrator for use for carrying
out this section not more than $1,000,000 for each of
fiscal years [1992, 1993, and 1994.] 1996, 1997, and
1998.
(2) Secretary.--
(A) Of amounts appropriated to the Secretary
for a fiscal year under section 318(a)(4) of
the Coastal Zone Management Act of 1972 [16
U.S.C. 1464(a)(4)], as amended by this Act, not
more than $1,000,000 shall be available for use
by the Secretary for carrying out this section
for that fiscal year, other than for providing
in the form of grants under subsection (f).
(B) There is authorized to be appropriated to
the Secretary for use for providing in the form
of grants under subsection (f) not more than--
[(i) $6,000,000 for fiscal year 1992;
[(ii) $12,000,000 for fiscal year
1993;
[(iii) $12,000,000 for fiscal year
1994; and]
[(iv)] (i) $12,000,000 for fiscal
year 1995[.] ; and
(ii) $5,000,000 for each of fiscal
years 1996, 1997, and 1998.
(i) Definitions.--In this section--
(1) the term ``Administrator'' means the
Administrator of the Environmental Protection Agency;
(2) the term ``coastal State'' has the meaning given
the term ``coastal State'' under section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453);
(3) each of the terms ``coastal waters'' and
``coastal zone'' has the meaning that term has in the
Coastal Zone Management Act of 1972 [16 U.S.C. 1651 et
seq.];
(4) the term ``coastal management agency'' means a
State agency designated pursuant to section 306(d)(6)
of the Coastal Zone Management Act of 1972 [16 U.S.C.
1455(d)(6)];
(5) the term ``land use'' includes a use of waters
adjacent to coastal waters; and
(6) the term ``Secretary'' means the Secretary of
Commerce.
Sec. 1456a. Coastal Zone Management Fund
(a)(1) The obligations of any coastal State or unit of
general purpose local government to repay loans made pursuant
to this section as in effect before the date of the enactment
of the Coastal Zone Act Reauthorization Amendments of 1990, and
any repayment schedule established pursuant to this title as in
effect before that date of enactment, are not altered by any
provision of this title. Such loans shall be repaid under
authority of this subsection and the Secretary may issue
regulations governing such repayment. If the Secretary finds
that any coastal State or unit of local government is unable to
meet its obligations pursuant to this subsection because the
actual increases in employment and related population resulting
from coastal energy activity and the facilities associated with
such activity do not provide adequate revenues to enable such
State or unit to meet such obligations in accordance with the
appropriate repayment schedule, the Secretary shall, after
review of the information submitted by such State or unit, take
any of the following actions:
(A) Modify the terms and conditions of such loan.
(B) Refinance the loan.
(C) Recommend to the Congress that legislation be
enacted to forgive the loan.
(2) Loan repayments made pursuant to this subsection shall
be retained by the Secretary as offsetting collections, and
shall be deposited into the Coastal Zone Management Fund
established under subsection (b).
(b)(1) The Secretary shall establish and maintain a fund,
to be known as the ``Coastal Zone Management Fund'', which
shall consist of amounts retained and deposited into the Fund
under subsection (a) and fees deposited into the Fund under
section 307(i)(3) [16 U.S.C. 1456(i)(3)].
(2) Subject to amounts provided in appropriation Acts,
amounts in the Fund shall be available to the Secretary for use
for the following:
[(A) Expenses incident to the administration of this
title, in an amount not to exceed--
[(i) $5,000,000 for fiscal year 1991;
[(ii) $5,225,000 for fiscal year 1992;
[(iii) $5,460,125 for fiscal year 1993;
[(iv) $5,705,830 for fiscal year 1994; and
[(v) $5,962,593 for fiscal year 1995.]
(A) Expenses incident to the administration
of this title.
(B) After use under subparagraph (A)--
(i) projects to address management issues
which are regional in scope, including
interState projects;
(ii) demonstration projects which have high
potential for improving coastal zone
management, especially at the local level;
(iii) emergency grants to State coastal zone
management agencies to address unforeseen or
disaster-related circumstances;
(iv) appropriate awards recognizing
excellence in coastal zone management as
provided in section 314 [16 U.S.C. 1460];
(v) program development grants as authorized
by section 305 [16 U.S.C. 1454]; and
(vi) to provide financial support to coastal
States for use for investigating and applying
the public trust doctrine to implement State
management programs approved under section 306
[16 U.S.C. 1455].
(3) On December 1, of each year, the Secretary shall
transmit to the Congress an annual report on the Fund,
including the balance of the Fund and an itemization of all
deposits into and disbursements from the Fund in the preceding
fiscal year.
Sec. 1456b. Coastal zone enhancement grants
(a) For purposes of this section, the term ``coastal zone
enhancement objective'' means any of the following objectives:
(1) Protection, restoration, or enhancement of the
existing coastal wetlands base, or creation of new
coastal wetlands.
(2) Preventing or significantly reducing threats to
life and destruction of property by eliminating
development and redevelopment in high-hazard areas,
managing development in other hazard areas, and
anticipating and managing the effects of potential sea
level rise and Great Lakes level rise.
(3) Attaining increased opportunities for public
access, taking into account current and future public
access needs, to coastal areas of recreational,
historical, aesthetic, ecological, or cultural value.
(4) Reducing marine debris entering the Nation's
coastal and ocean environment by managing uses and
activities that contribute to the entry of such debris.
(5) Development and adoption of procedures to assess,
consider, and control cumulative and secondary impacts
of coastal growth and development, including the
collective effect on various individual uses or
activities on coastal resources, such as coastal
wetlands and fishery resources.
(6) Preparing and implementing special area
management plans for important coastal areas.
(7) Planning for the use of ocean resources.
(8) Adoption of procedures and enforceable policies
to help facilitate the siting of energy facilities and
Government facilities and energy-related activities and
Government activities which may be of greater than
local significance.
(b) Subject to the limitations and goals established in this
section, the Secretary may make grants to coastal States to
provide funding for [development and submission for Federal
approval of program changes] development, submission for
Federal approval, and implementation for up to 2 years of
program changes and program refinements that support attainment
of one or more coastal zone enhancement objectives.
(c) The Secretary shall evaluate and rank State proposals for
funding under this section, and make funding awards based on
those proposals, taking into account the criteria established
by the Secretary under subsection (d). The Secretary shall
ensure that funding decisions under this section take into
consideration the fiscal and technical needs of proposing
States and the overall merit of each proposal in terms of
benefits to the public.
(d) Within 12 months following the date of enactment of this
section, and consistent with the notice and participation
requirements established in section 317 [16 U.S.C. 1463], the
Secretary shall promulgate regulations concerning coastal zone
enhancement grants that establish--
(1) specific and detailed criteria that must be
addressed by a coastal State (including the State's
priority needs for improvement as identified by the
Secretary after careful consultation with the State) as
part of the State's development and implementation of
coastal zone enhancement objectives;
(2) administrative or procedural rules or
requirements as necessary to facilitate the development
and implementation of such objectives by coastal
States; and
(3) other funding award criteria as are necessary or
appropriate to ensure that evaluations of proposals,
and decisions to award funding, under this section are
based on objective standards applied fairly and
equitably to those proposals.
(e) A State shall not be required to contribute any portion
of the cost of any proposal for which funding is awarded under
this section.
(f) Beginning in fiscal year 1991, not less than 10 percent
and not more than 20 percent of the amounts appropriated to
implement sections 306 and 306A of this title [16 U.S.C. 1455,
1455a] shall be retained by the Secretary for use in
implementing this section, up to a maximum of $10,000,000
annually.
(g) If the Secretary finds that the State is not undertaking
the actions committed to under the terms of the grant, the
Secretary shall suspend the State's eligibility for further
funding under this section for at least one year.
TITLE 16, CONSERVATION
CHAPTER 33--COASTAL ZONE MANAGEMENT
Sec. 1464. Authorization of appropriations
[(a) Sums Appropriated to Secretary.--There are authorized to
be appropriated to the Secretary--
[(1) such sums, not to exceed $750,000 for each of
the fiscal years occurring during the period beginning
October 1, 1990, and ending September 30, 1993, as may
be necessary for grants under section 305 [16 U.S.C.
1454], to remain available until expended;
[(2) such sums, not to exceed $42,000,000 for the
fiscal year ending September 30, 1991, $48,890,000 for
the fiscal year ending September 30, 1992, $58,870,000
for the fiscal year ending September 30, 1993,
$67,930,000 for the fiscal year ending September 30,
1994, and $90,090,000 for the fiscal year ending
September 30, 1995, as may be necessary for grants
under sections 306, 306A, and 309 [16 U.S.C. 1455,
1455a, 1456b], to remain available until expended;
[(3) such sums, not to exceed $6,000,000 for the
fiscal year ending September 30, 1991, $6,270,000 for
the fiscal year ending September 30, 1992, $6,552,000
for the fiscal year ending September 30, 1993,
$6,847,000 for the fiscal year ending September 30,
1994, and $7,155,000 for the fiscal year ending
September 30, 1995, as may be necessary for grants
under section 315 [16 U.S.C. 1461], to remain available
until expended; and
[(4) such sums, not to exceed $10,000,000 for each of
the fiscal years occurring during the period beginning
October 1, 1990, and ending September 30, 1995, as may
be necessary for activities under section 310 [16
U.S.C. 1456c] and for administrative expenses incident
to the administration of this title; except that
expenditures for such administrative expenses shall not
exceed $5,000,000 in any such fiscal year.
[(5) [Deleted]
[(6) [Redesignated]]
(a) Sums Appropriated to the Secretary.--There are authorized
to be appropriated to the Secretary--
(1) such sums, not to exceed $750,000 for each of the
fiscal years occurring during the period beginning
October 1, 1996, and ending September 30, 1998, as may
be necessary for grants under section 305, to remain
available until expended;
(2) not to exceed $45,500,000 for the fiscal year
ending September 30, 1996, $46,865,000 for the fiscal
year ending September 30, 1997, and $48,271,000 for the
fiscal year ending September 30, 1998, as may be
necessary for grants under sections 306, 306A, and 309
to remain available until expended;
(3) not to exceed $3,350,000 for the fiscal year
ending September 30, 1996, $3,451,000 for the fiscal
year ending September 30, 1997, and $3,554,000 for the
fiscal year ending September 30, 1998, for grants under
section 315 to remain available until expended;
(4) such sums, not to exceed $10,000,0000 for each of
the fiscal years occurring during the period beginning
October 1, 1996, and ending September 30, 1998, as may
be necessary for grants under section 310, to remain
available until expended, but no sums authorized under
this paragraph may be used to augment grants made under
any other section of this Act; and
(5) such sums not to exceed the lesser of--
(A) $5,000,000; or
(B) 8 percent of the total amount
appropriated under this Act for each of the
fiscal years occurring during the period
beginning October 1, 1996, and ending September
30, 1998, for administrative expenses incident
to the administration of this title, to remain
available until expended.
(b) Sums Appropriated to Fund.--There are authorized to be
appropriated until October 1, 1986, to the Fund, such sums, not
to exceed $800,000,000, for the purposes of carrying out the
provisions of section 308 [16 U.S.C. 1456a], other than
subsection (b) [16 U.S.C. 1456a(b)], of which not to exceed
$150,000,000 shall be for purposes of subsections (c)(1),
(c)(2) and (c)(3) of such section [16 U.S.C. 1456a(c)(1--3).
(c) Limitations.--Federal funds received from other sources
shall not be used to pay a coastal State's share of costs under
section 306 or 309 [16 U.S.C. 1455, 1456b].
(d) Reversion of Grants to Secretary.--The amount of any
grant, or portion of a grant, made to a State under any section
of this Act which is not obligated by such State during the
fiscal year, or during the second fiscal year after the fiscal
year, for which it was first authorized to be obligated by such
State shall revert to the Secretary. The Secretary shall add
such reverted amount to those funds available for grants under
the section for such reverted amount was originally made
available.
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TITLE 33, NAVIGATION AND NAVIGABLE WATERS
CHAPTER 17--NATIONAL OCEAN SURVEY
general provisions
Sec. 851. Commissioned officers; authorized number
There are authorized in the National Oceanic and Atmospheric
Administration 439 commissioned officers on the active list.
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Public Law 103-317
TITLE II--DEPARTMENT OF COMMERCE
* * * * * * *
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
acquisition, maintenance, operation, and hire of aircraft; [not
to exceed 439 commissioned officers on the active list;] not to
exceed the number of commissioned officers on the active list
provided for by section 402(b)(1) of the National Oceanic and
Atmospheric Administration Act of 1995; as authorized by 31
U.S.C. 1343 and 1344; . . .
* * * * * * *
Sec. 853g. Transfer of officers to retired list; separation from
service; computations; effective date of
retirements and separations
(a) Transfer of Officers to Retired List; Separation From
Service.--As recommended by the personnel board--
(1) an officer in the permanent grade of captain or
commander may be transferred to the retired list; and
(2) an officer in the permanent grade of lieutenant
commander, lieutenant, or lieutenant (junior grade) who
is not qualified for retirement may be separated from
the service.
(b) Computations.--In any fiscal year, the total number of
officers selected for retirement or separation under subsection
(a) plus the number of officers retired for age may not exceed
the whole number nearest [four percent] ten percent of the
total number of officers authorized to be on the active list,
except as otherwise provided by law.
(c) Effective Date of Retirements or Separations.--Any
retirement or separation under subsection (a) shall take effect
on the first day of the sixth month beginning after the date on
which the Secretary of Commerce approves the retirement or
separation, except that if the officer concerned requests
earlier retirement or separation, the date shall be as
determined by the Secretary.
CHAPTER 22--SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT
national sea grant college program
Sec. 1131. Authorization of appropriations
[(a) There is authorized to be appropriated to carry out the
provisions of sections 205 and 208 of this Act [33 U.S.C. 1124,
1127], and section 3 of the Sea Grant Program Improvement Act
of 1976 (33 U.S.C. 1124a), an amount--
[(1) for fiscal year 1991, not to exceed $44,398,000;
[(2) for fiscal year 1992, not to exceed $46,014,000;
[(3) for fiscal year 1993, not to exceed $47,695,000;
[(4) for fiscal year 1994, not to exceed $49,443,000;
and
[(5) for fiscal year 1995, not to exceed
$51,261,000.]
(a) In General._There are authorized to be appropriated to
carry out sections 205 and 208 of this title not more than--
(1) $53,300,000 for fiscal year 1996;
(2) $54,899,000 for fiscal year 1997; and
(3) $56,546,000 for fiscal year 1998.
(b)(1) There is authorized to be appropriated for
administration of this Act, including section 209 [33 U.S.C.
1128], by the National Sea Grant Office and the Administration,
an [amount--
[(A) for fiscal year 1991, not to exceed $2,500,000;
[(B) for fiscal year 1992, not to exceed $2,600,000;
[(C) for fiscal year 1993, not to exceed $2,700,000;
[(D) for fiscal year 1994, not to exceed $2,800,000;
and
[(E) for fiscal year 1995, not to exceed $2,900,000.]
amount for each of the fiscal years 1996 through 1998 equal to
not more than 5 percent of the amount appropriated for that
fiscal year under subsection (a).
(2) Sums appropriated under the authority of subsections (a)
and (c) shall not be available for administration of this Act
by the National Sea Grant Office, or for Administration program
or administrative expenses.
(c) In addition to sums authorized under subsection (a),
there is authorized to be appropriated for priority oyster
disease research under section 205 of this Act [33 U.S.C.
1124], an amount--
(1) for fiscal year 1992, not to exceed $1,400,000;
(2) for fiscal year 1993, not to exceed $3,000,000;
(3) for fiscal year 1994, not to exceed $3,000,000;
and
(4) for fiscal year 1995, not to exceed $3,000,000.
(d) Availability of Sums.--Sums appropriated pursuant to this
section shall remain available until expended.
(e) Reversion of Unobligated Amounts.--The amount of any
grant, or portion of a grant, made to a person under any
section of this Act that is not obligated by that person during
the first fiscal year for which it was authorized to be
obligated or during the next fiscal year thereafter shall
revert to the Secretary. The Secretary shall add that reverted
amount to the funds available for grants under the section for
which the reverted amount was originally made available.
TITLE 46, APPENDIX--SHIPPING
CHAPTER 27--MERCHANT MARINE ACT, 1936
FEDERAL SHIP MORTGAGE INSURANCE
Sec. 1274. Eligibility for guarantee
(a) Purpose of Obligations.--Pursuant to the authority
granted under section 1103(a) [46 U.S.C. App. 1273(a)], the
Secretary upon such terms as he shall prescribe, may guarantee
or make a commitment to guarantee, payment of the principal of
and interest on an obligation which aids in--
(1) financing, including reimbursement of an obligor
for expenditures previously made for, construction,
reconstruction, or reconditioning of a vessel
(including an eligible export vessel), which is
designed principally for research, or for commercial
use (A) in the coastwise or intercoastal trade; (B) on
the Great Lakes, or on bays, sounds, rivers, harbors,
or inland lakes of the United States; (C) in foreign
trade as defined in section 905 of this Act for
purposes of title V of this Act; or (D) as an ocean
thermal energy conversion facility or plantship; (E)
with respect to floating drydocks in the construction,
reconstruction, reconditioning, or repair of vessels;
or (F) with respect to an eligible export vessel, in
world-wide trade; Provided, however, That no guarantee
shall be entered into pursuant to this paragraph (a)(1)
later than one year after delivery, or redelivery in
the case of reconstruction or reconditioning of any
such vessel unless the proceeds of the obligation are
used to finance the construction, reconstruction, or
reconditioning of a vessel or vessels, or facilities or
equipment pertaining to marine operations;
(2) financing, including reimbursement of an obligor
for expenditures previously made for, construction,
reconstruction, reconditioning, or purchase of a vessel
or vessels owned by citizens or nationals of the United
States or citizens of the Northern Mariana Islands
which are designed principally for research, or for
commercial use in the fishing trade or industry;
(3) financing the purchase, reconstruction, or
reconditioning of vessels or fishery facilities for
which obligations were guaranteed under this title [46
U.S.C. App. 1271 et seq.] that, under the provisions of
section 1105 [46 U.S.C. App. 1275]:
(A) are vessels or fishery facilities for
which obligations were accelerated and paid;
(B) were acquired by the Fund; or
(C) were sold at foreclosure instituted by
the Secretary;
(4) financing, in whole or in part, the repayment to
the United States of any amount of construction-
differential subsidy paid with respect to a vessel
pursuant to title V of this Act [46 U.S.C. App. 1151 et
seq.], as amended;
(5) refinancing existing obligations issued for one
of the purposes specified in (1), (2), (3), or (4)
whether or not guaranteed under this title [46 U.S.C.
App. 1271 et seq.], including, but not limited to,
short-term obligations incurred for the purpose of
obtaining temporary funds with the view to refinancing
from time to time; or
(6) financing or refinancing, including, but not
limited to, the reimbursement of obligors for
expenditures previously made for, the construction,
reconstruction, reconditioning, or purchase of fishery
facilities.
Any obligation guaranteed under paragraph (6) shall be treated,
for purposes of this title [46 U.S.C. App. 1271 et seq.], in
the same manner and to the same extent as an obligation
guaranteed under this title [46 U.S.C. App. 1271 et seq.] which
aids in the construction, reconstruction, reconditioning, or
purchase of a vessel; except with respect to provisions of this
title [46 U.S.C. App. 1271 et seq.] that by their nature can
only be applied to vessels.
(b) Contents of Obligations.--Obligations guaranteed under
this title [46 U.S.C. App. 1271 et seq.]--
(1) shall have an obligor approved by the Secretary
as responsible and possessing the ability, experience,
financial resources, and other qualifications necessary
to the adequate operation and maintenance of the vessel
or vessels which serve as security for the guarantee of
the Secretary;
(2) subject to the provisions of subsection (c)(1)
and subsection (i), shall be in an aggregate principal
amount which does not exceed 75 per centum of the
actual cost or depreciated actual cost, as determined
by the Secretary, of the vessel which is used as
security for the guarantee of the Secretary: Provided,
however, That in the case of a vessel, the size and
speed of which are approved by the Secretary, and which
is or would have been eligible for mortgage aid for
construction under section 509 of this Act [46 U.S.C.
App. 1159] (or would have been eligible for mortgage
aid under section 509 of this Act [46 U.S.C. App. 1159]
except that the vessel was built with the aid of
construction-differential subsidy and said subsidy has
been repaid) and in respect of which the minimum
downpayment by the mortgagor required by that section
would be or would have been 12 1/2 per centum of the
cost of such vessel, such obligations may be in an
amount which does not exceed 87 1/2 per centum of such
actual cost or depreciated actual cost: Provided,
further, That the obligations which relate to a barge
which is constructed without the aid of construction-
differential subsidy, or, if so subsidized, on which
said subsidy has been repaid, may be in an aggregate
principal amount which does not exceed 87 1/2 per
centum of the actual cost or depreciated actual cost
thereof: Provided further, That in the case of a
fishing vessel or fishery facility, the obligation
shall be in an aggregate principal amount [equal to]
not to exceed 80 percent of the actual cost or
depreciated actual cost of the fishing vessel or
fishery facility, [except that no debt may be placed
under this proviso through the Federal Financing Bank:]
and obligations related to fishing vessels and fishery
facilities under this title shall be placed through the
Federal Financing Bank unless placement through the
Federal Financing Bank is not reasonably available or
placement elsewhere is available at a lower annual
yield than placement through the Federal Financing
Bank: Provided further, That in the case of an ocean
thermal energy conversion facility or plantship which
is constructed without the aid of construction-
differential subsidy, such obligations may be in an
aggregate principal amount which does not exceed 87 1/2
percent of the actual cost or depreciated actual cost
of the facility or plantship: Provided further, That in
the case of an eligible export vessel, such obligations
may be in an aggregate principal amount which does not
exceed 87 1/2 [percent] of the actual cost or
depreciated actual cost of the eligible export vessel;
(3) shall have maturity dates satisfactory to the
Secretary but, subject to the provisions of paragraph
(2) of subsection (c) of this section, not to exceed
twenty-five years from the date of the delivery of the
vessel which serves as security for the guarantee of
the Secretary or, if the vessel has been reconstructed
or reconditioned, not to exceed the later of (i)
twenty-five years from the date of delivery of the
vessel and (ii) the remaining years of the useful life
of the vessel as determined by the Secretary;
(4) shall provide for payments by the obligor
satisfactory to the Secretary;
(5) shall bear interest (exclusive of charges for the
guarantee and service charges, if any) at rates not to
exceed such per centum per annum on the unpaid
principal as the Secretary determines to be reasonable,
taking into account the range of interest rates
prevailing in the private market for similar loans and
the risks assumed by the Secretary;
(6) shall provide, or a related agreement shall
provide, that if the vessel used as security for the
guarantee of the Secretary is a delivered vessel, the
vessel shall be in class A-1, American Bureau of
Shipping, or shall meet such other standards as may be
acceptable to the Secretary, with all required
certificates, including but not limited to, marine
inspection certificates of the United States Coast
Guard or, in the case of an eligible export vessel, of
the appropriate national flag authorities under a
treaty, convention, or other international agreement to
which the United States is a party, with all
outstanding requirements and recommendations necessary
for retention of class accomplished, unless the
Secretary permits a deferment of such repairs, and
shall be tight, stanch, strong, and well and
sufficiently tackled, appareled, furnished, and
equipped, and in every respect seaworthy and in good
running condition and repair, and in all respects fit
for service; and
(7) may provide, or a related agreement may provide,
if the vessel used as security for the guarantee of the
Secretary is a passenger vessel having the tonnage,
speed, passenger accommodations and other
characteristics set forth in title V of this Act [46
U.S.C. App. 1151 et seq.], as amended, and if the
Secretary approves, that the sole recourse against the
obligor by the United States for any payments under the
guarantee shall be limited to repossession of the
vessel and the assignment of insurance claims and that
the liability of the obligor for any payments of
principal and interest under the guarantee shall be
satisfied and discharged by the surrender of the vessel
and all right, title, and interest therein to the
United States: Provided, That the vessel upon surrender
shall be (i) free and clear of all liens and
encumbrances whatsoever except the security interest
conveyed to the Secretary under this title [46 U.S.C.
App. 1271 et seq.], (ii) in class, and (iii) in as good
order and condition, ordinary wear and tear excepted,
as when acquired by the obligor, except that any
deficiencies with respect to freedom from encumbrances,
condition and class may, to the extent covered by valid
policies of insurance, be satisfied by the assignment
to the Secretary of claims of the obligor under such
policies.
The Secretary may not establish, as a condition of eligibility
for guarantee under this title [46 U.S.C. App. 1271 et seq.], a
minimum principal amount for an obligation covering the
reconstruction or reconditioning of a fishing vessel or fishery
facility. For purposes of this title [46 U.S.C. App. 1271 et
seq.], the reconstruction or reconditioning of a fishing vessel
or fishery facility does not include the routine minor repair
or maintenance of the vessel or facility.
(c) Security.--
(1) The security for the guarantee of an obligation
by the Secretary under this title [46 U.S.C. App. 1271
et seq.] may relate to more than one vessel and may
consist of any combination of types of security. The
aggregate principal amount of obligations which have
more than one vessel as security for the guarantee of
the Secretary under this title [46 U.S.C. App. 1271 et
seq.] may equal, but not exceed, the sum of the
principal amount of obligations permissible with
respect to each vessel.
(2) If the security for the guarantee of an
obligation by the Secretary under this title [46 U.S.C.
App. 1271 et seq.] relates to more than one vessel,
such obligation may have the latest maturity date
permissible under subsection (b) of this section with
respect to any of such vessels: Provided, That the
Secretary may require such payments of principal, prior
to maturity, with respect to all related obligations as
he deems necessary in order to maintain adequate
security for his guarantee.
(d) Restrictions.--
(1) (A) No commitment to guarantee, or guarantee of,
an obligation shall be made by the Secretary of
Transportation unless the Secretary finds that the
property or project with respect to which the
obligation will be executed will be economically sound.
In making that determination, the Secretary shall
consider--
(i) the need in the particular segment of the
maritime industry for new or additional
capacity, including any impact on existing
equipment for which a guarantee under this
title [46 U.S.C. App. 1271 et seq.] is in
effect;
(ii) the market potential for the employment
of the vessel over the life of the guarantee;
(iii) projected revenues and expenses
associated with employment of the vessel;
(iv) any charters, contracts of
affreightment, transportation agreements, or
similar agreements or undertakings relevant to
the employment of the vessel;
(v) other relevant criteria; and
(vi) for inland waterways, the need for
technical improvements, including but not
limited to increased fuel efficiency, or
improved safety.
(B) No commitment to guarantee, or guarantee of, and
obligation shall be made by the Secretary of Commerce
unless the Secretary finds, at or prior to the time
such commitment is made or guarantee becomes effective,
that the property or project with respect to which the
obligation will be executed will be, in the Secretary's
opinion, economically sound and in the case of fishing
vessels, that the purpose of the financing or
refinancing is consistent with the wise use of the
fisheries resources and with the development,
advancement, management, conservation, and protection
of the fisheries resources, or with the need for
technical improvements including but not limited to
increased fuel efficiency or improved safety.
(2) No commitment to guarantee, or guarantee of an
obligation may be made by the Secretary under this
title [46 U.S.C. App. 1271 et seq.] for the purchase of
a used fishing vessel or used fishery facility unless--
(A) the vessel or facility will be
reconstructed or reconditioned in the United
States and will contribute to the development
of the United States fishing industry; or
(B) the vessel or facility will be used in
the harvesting of fish from, or for a purpose
described in section 1101(k) [46 U.S.C. App.
1271(k)] with respect to, an underutilized
fishery.
(3) No commitment to guarantee, or guarantee of an
obligation may be made by the Secretary under this
title for the construction, reconstruction, or
reconditioning of an eligible export vessel unless--
(A) the Secretary finds that the
construction, reconstruction, or reconditioning
of that vessel will aid in the transition of
United States shipyards to commercial
activities or will preserve shipbuilding assets
that would be essential in time of war or
national emergency, and
(B) the owner of the vessel agrees with the
Secretary of Transportation that the vessel
shall not be transferred to any country
designated by the Secretary of Defense as a
country whose interests are hostile to the
interests of the United States.
(e) Guarantee Fees.--The Secretary is authorized to fix a fee
for the guarantee of an obligation under this title [46 U.S.C.
App. 1271 et seq.]. If the security for the guarantee of an
obligation under this title [46 U.S.C. App. 1271 et seq.]
relates to a delivered vessel, such fee shall not be less than
one-half of 1 per centum per annum nor more than 1 per centum
per annum of the average principal amount of such obligation
outstanding, excluding the average amount (except interest) on
deposit in an escrow fund created under section 1108 of this
Act [46 U.S.C. App. 1279a]. If the security for the guarantee
of an obligation under this title [46 U.S.C. App. 1271 et seq.]
relates to a vessel to be constructed, reconstructed, or
reconditioned, such fee shall not be less than one-quarter of 1
per centum per annum nor more than one-half of 1 per centum per
annum of the average principal amount of such obligation
outstanding, excluding the average amount (except interest) on
deposit in an escrow fund created under section 1108 of this
Act [46 U.S.C. App. 1279a]. For purposes of this subsection
(e), if the security for the guarantee of an obligation under
this title [46 U.S.C. App. 1271 et seq.] relates both to a
delivered vessel or vessels and to a vessel or vessels to be
constructed, reconstructed, or reconditioned, the principal
amount of such obligation shall be prorated in accordance with
regulations prescribed by the Secretary. Fee payments shall be
made by the obligor to the Secretary when moneys are first
advanced under a guaranteed obligation and at least sixty days
prior to each anniversary date thereafter. All fees shall be
computed and shall be payable to the Secretary under such
regulations as the Secretary may prescribe. Such regulations
shall provide a formula for determining the creditworthiness of
obligors under which the most creditworthy obligors pay a fee
computed on the lowest allowable percentage and the least
creditworthy obligors pay a fee which may be computed on the
highest allowable percentage (the range of creditworthiness to
be based on obligors which have actually issued guaranteed
obligations).
(f) Investigation of Applications.--The Secretary shall
charge and collect from the obligor such amounts as he may deem
reasonable for the investigation of applications for a
guarantee, for the appraisal of properties offered as security
for a guarantee, for the issuance of commitments, for services
in connection with the escrow fund authorized by section 1108
[46 U.S.C. App. 1279a] and for the inspection of such
properties during construction, reconstruction, or
reconditioning: Provided, That such charges shall not aggregate
more than one-half of 1 per centum of the original principal
amount of the obligations to be guaranteed.
(g) Disposition of Moneys.--All moneys received by the
Secretary under the provisions of sections 1101-1107 of this
title [46 U.S.C. App. 1271-1276, 1279] shall be deposited in
the Fund.
(h) Additional Requirements.--Obligations guaranteed under
this title [46 U.S.C. App. 1271 et seq.] and agreements
relating thereto shall contain such other provisions with
respect to the protection of the security interests of the
United States (including acceleration, assumptions, and
subrogation provisions and the issuance of notes by the obligor
to the Secretary), liens and releases of liens, payments of
taxes, and such other matters as the Secretary may, in his
discretion, prescribe.
(i) Limitation on Establishment of Percentage.--The Secretary
may not, with respect to--
(1) the general 75 percent or less limitation in
subsection (b)(2);
(2) the 87\1/2\ percent or less limitation in the
1st, 2nd, 4th, or 5th proviso to subsection (b)(2) or
section 1112(b) [46 U.S.C. App. 1279e(b)]; or
(3) the 80 percent or less limitation in the 3rd
proviso to such subsection;
establish by rule, regulation, or procedure any percentage
within any such limitation that is, or is intended to be,
applied uniformly to all guarantees or commitments to guarantee
made under this section that are subject to the limitation.
(j) Procedure Upon Receiving Loan Guarantee Application.--
(1) Upon receiving an application for a loan
guarantee for an eligible export vessel, the Secretary
shall promptly provide to the Secretary of Defense
notice of the receipt of the application. During the
30-day period beginning on the date on which the
Secretary of Defense receives such notice, the
Secretary of Defense may disapprove the loan guarantee
based on the assessment of the Secretary of the
potential use of the vessel in a manner that may cause
harm to United States national security interests. The
Secretary of Defense may not disapprove a loan
guarantee under this section solely on the basis of the
type of vessel to be constructed with the loan
guarantee. The authority of the Secretary to disapprove
a loan guarantee under this section may not be
delegated to any official other than a civilian officer
of the Department of Defense appointed by the
President, by and with the advice and consent of the
Senate.
(2) The Secretary of Transportation may not make a
loan guarantee disapproved by the Secretary of Defense
under paragraph (1).
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MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1994
SEC. 22. COASTAL ECOSYSTEM HEALTH.
(a) Requirement to Convey.--(1) Not later than September 30,
1994, the Secretary of the Navy shall convey, without payment
or other consideration, to the Secretary of Commerce, all
right, title, and interest to the property comprising that
portion of the Naval Base, Charleston, South Carolina, bounded
by Hobson Avenue, the cooper river, the landward extension of
the northwest side of Pier R, and the fenceline between the
buildings known as 200 and NS--16. Such property shall include
Pier R, the buildings known as the RTC-1, RTC-4, 200, and 1874,
all towers and out-buildings on that property, and all walkways
and parking areas associated with such buildings and Pier R.
(2) Not later than March 30, 1996, the Secretary of the Navy
shall convey, without payment or other consideration, to the
Secretary of Commerce, all right, title, and interest to the
property comprising that portion of the Naval Base, Charleston,
South Carolina, bounded by Hobson Avenue, the Cooper River, the
landward extension of the property line located 70 feet
northwest of and parallel to the centerline of Pier Q, and the
northwest property line of the parking area associated with
Pier R. The property shall include Pier Q, all towers and
outbuildings on that property, and walkways and parking areas
associated with those buildings and Pier Q.
* * * * * * *