PL No. 102-567 Sec 201

106 STAT. 4270

PUBLIC LAW 102-567—OCT. 29, 1992

Public Law 102-567
102d Congress
An Act
Oct. 29, 1992
[H.R. 2130]
National
Oceanic and
Atmospheric
Administration
Authorization
Act of 1992.

To authorize appropriations for the National Oceanic and Atmospheric
Administration, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States ofAmerica in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the "National Oceanic
Atmospheric Administration Authorization Act of 1992".

and

SEC. 2. DEFINITIONS.

For the purposes of this Act, the term—
(1) Act of 1890" means the Act entitled "An Act to increase
the efficiency and reduce the expenses of the Signal Corps
of the Army, and to transfer the Weather Bureau to the Department of Agriculture", approved October 1, 1890 (26 Stat. 653);
and
(2) "Act of 1947" means the Act entitled "An Act to define
the functions and duties of the Coast and Geodetic Survey,
and for other purposes", approved August 6, 1947 (33 U.S.C.
883a et seq.).
TITLE I—NCAA ATMOSPHERIC AND SATELLITE
PROGRAMS
SEC. 101. NATIONAL
WEATHER
RESEARCH.

SERVICE

OPERATIONS

AND

(a) I N GENERAL.—^There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out the operations and
research activities of the National Weather Service under law,
$311,532,000 for fiscal year 1992 and $395,822,000 for fiscal year
1993. Moneys appropriated pursuant to this authorization shall
be used to fund those activities relating to National Weather Service
operations and research specified by the Act of 1890, the Act of
1947, and any other law involving such activities. Such activities
include meteorological, hydrological, aviation, and oceanographic
public warnings and forecasts, as well as applied research in support
of such warnings and forecasts.
(b) PACIFIC WEATHER BUOYS.—Of the simis authorized under
subsection (a), $840,000 for fiscal year 1992 and $1,135,000 for
fiscal year 1993 are authorized to be appropriated for the purpose
of operating and maintaining weather buoys off the coast of California, Oregon, Washington, and Hawaii.
(c) COOPERATIVE WEATHER OBSERVER PROGRAM.—The Sec15 u s e 325 note.
retary of Commerce may use funds otherwise available for conducting weather observations to strengthen the Cooperative Weather
Observer Program and encourage public participation in the program. The Secretary may—

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4271

(1) provide distinctive insignia or paraphernalia to Cooperative Weather Observers; and
(2) make awards of nominal value to recognize continued
participation in the program by observers or to recognize
outstanding achievements by such observers or groups of
observers without regard to any law restricting expenditures
for such purposes to Federal employees.
SEC. 102. PUBUC WARNING AND FORECAST SYSTEMS.

(a) IN GENERAL.—^There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to improve its public warning and forecast systems under law, $132,034,000 for each of the fiscal years
1992 and 1993. Moneys appropriated pursuant to this authorization
shall be used to fund those activities relating to public warning
and forecast systems specified bv the Act of 1890, the Act of 1947,
and any other law involving such activities. Such activities include
the development, acquisition, and implementation of major public
warning and forecast systems.
(b) WEATHER RADAR COMPLETE PROGRAM AUTHORIZATION.—

(1) Except as provided in paragraph (2), there are authorized to
be appropriated to the Secretary of Commerce for all fiscal years
beginning with fiscal year 1993, not to exceed $426,971,000, to
remain available imtil expended, to complete the acquisition and
deployment of the Next Generation Weather Radar system, and
to cover all associated activities (including program management
and operations and maintenance through September 30, 1996).
(2) None of the funds are authorized to be appropriated for
any fiscal year under paragraph (1), unless, within 60 days after
the submission of the President's budget request for sucn fiscal
year, the Secretary of Commerce—
(A) certifies to the Congress that—
(i) the radars, including system software, meet the
technical performance specifications included in the radar
procurement contract as in effect on October 1,1992;
(ii) the system contract is viable, and the Secretary
does not foresee circumstcmces which would prevent fulfillment of the contract;
(iii) the system can be fully sited, commissioned, and
operational without requiring further authorization of
appropriations beyond amounts authorized under paragraph (1); and
(iv) the Secretary does not foresee further delays in
the system deplo^mient and operation schedule; or
(B) submits to the Congress a report which describes— Reports,
(i) the circumstances which prevent a certification
under subparagraph (A);
(ii) remedial actions imdertaken or to be undertaken
with respect to such circumstances;
(iii) the effects of such circumstances on the deployment
and operation schedule and radar coverage; and
(iv) a justification for proceeding with the program,
if appropriate.
SEC. 103. CLIMATE AND AIR QUALITY RESEARCH.

(a) IN GENERAL.—^There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out its climate and air quality

106 STAT. 4272

PUBLIC LAW 102-567—OCT. 29, 1992

research activities under law, $100,718,000 for fiscal year 1992
and $103,877,000 for fiscal year 1993. Moneys appropriated pursuant to this authorization shall be used to fund those activities
relating to climate and air quality research specified by the Act
of 1890, the Act of 1947, and any other law involving such activities.
- Such activities include interannual and seasonal climate research,
long-term climate and air quality research, and the National Climate Program.
(b) CLIMATE AND GLOBAL CHANGE.—Of the sums authorized
under subsection (a), $67,000,000 for each of the fiscal years 1992
and 1993 are authorized to be appropriated for the purpose of
studying climate and global change. Such program shall augment
and integrate existing programs of the National Oceanic and
Atmospheric Administration and shall include global observations,
monitoring, and data and information management relating to the
study of changes in the Earth's climatic system, fundamental
research on critical oceanic and atmospheric processes, and climate
prediction and diagnostics.
SEC. 104. ATMOSPHERIC RESEARCH.

There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric
Administration to carry out its atmospheric research activities
under law, $43,935,000 for fiscal year 1992 and $44,781,000 for
fiscal year 1993. Moneys appropriated pursuant to this authorization shall be used to fund tnose activities relating to atmospheric
research specified by the Act of 1890 and by any other law involving
such activities. Such activities include research for developing
improved observation and prediction capabilities for atmospheric
processes, as well as solar-terrestrial services and research.
SEC. lOS. SATELLITE OBSERVING SYSTEMS.

(a) IN GENERAL.—(1) There are authorized to be appropriated
to the Secretary of Commerce, to enable the National Oceanic
and Atmospheric Administration to carry out its satellite observing
systems activities under law, $305,744,000 for fiscal year 1992
and $336,000,000 for fiscal year 1993. Moneys appropriated pursuant to this authorization shall be used to fund those activities
relating to data and information services specified by the Act of
1890 and by any other law involving such activities. Such activities
include spacecraft procurement, launch, and associated ground station momfications for polar orbiting and geostationary environmental satellite systems, as well as the operation of such satelUtes
and land remote-sensing satellites.
(2) Of the sums authorized under paragraph (1), $2,300,000
in fiscal year 1993 are authorized for the administration by the
National Oceanic and Atmospheric Administration of the ground
stations for the Search and Rescue SatelUte Aided Tracking system.
Such administration shall be carried out in consultation with the
Department of Transportation and the Department of Defense.
(b) EMERGENCY CONTINGENCY FUND.—There are authorized to
be appropriated to liie Secretary of Commerce, $110,000,000 for
fiscal year 1992, to be deposited in an Emergency Weather Satellite
Contingency Fund. Such Fund shall be available subject to the
restrictions of appropriations Acts, without fiscal year limitation,
to the Secretary only for the purpose of enabling the National
Oceanic and Atmospheric Administration to maintain geostationary
environmental satellite coverage for monitoring and prediction of

PUBLIC LAW 102-567—OCT. 29,1992

106 STAT. 4273

hurricanes and severe storms, including but not limited to the
procurement of gap filler satellites, launch vehicles, and pa3rments
to foreign governments.
(c) STRATEGIC P L A N . - ^ 1 ) The Secretary of Commerce and the
Administrator of the National Aeronautics and Space Administration shall jointly develop and, not more than 120 days after the
date of enactment of this Act, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a strategic plan for development, procurement, and operation
of the environmental satellite program of the Department of Commerce.
(2) The objectives of the strategic plan shall be—
(A) to ensure continuous and adequate operational environmental satellite coverage; and
(B) to require dvrect Federal fiscal and administrative
accountability in all aspects of such environmental satellite
program.
(3) The strategic plan shall—
(A) delineate the management duties and functions of each
Federal department or agenpy involved in such satellite program;
(B) establish funding responsibilities for each Federal
department or agency in a manner which reflects their respective management duties and functions;
(C) set forth procedures to be followed in the development,
procurement, and operations of environmental satellites in such
program;
(D) minimize the potential for developmental and procurement problems, and for cost overruns;
(E) provide for effective interagency and international
coordination;
(F) provide for research and development activities to
ensure that the procurement of operational environmental satellites relies on proven technologies, and to investigate potential
improvements in data applications and operations for such
satellites in order to improve the national weather warning
and forecast system; and
(G) specify legislative and administrative actions necessary
to implement the plan and to accomplish the objectives
described in paragraph (2).
(d) GEOSTATIONARY SATELLITE COMPLETE PROGRAM AUTHORIZATION.—<1) Except as provided in paragraph (2), there are authorized

to be appropriated to the Secretary of Commerce for all fiscal
years beginning with fiscal year 1993, not to exceed $1,005,255,000,
to remain available until expended, to complete the procurement
of Geostationary Operational Environmental Satellites I, J, K, L,
and M, and the procurement of the launching and supporting
ground systems of such satellites.
(2) None of the funds are authorized to be appropriated for
any fiscal year under paragraph (1), unless, within 60 days after
the submission of the President's budget request for such fiscal
year, the Secretary of Commerce—
(A) certifies to the Congress that—
(i) the results of testing indicate that the satellite
instruments are likely to meet the technical performance

106 STAT. 4274

Reports.

PUBLIC LAW 102-567—OCT. 29, 1992
specifications included in the satellite contract as in effect
on October 1,1992;
(ii) the procurements can be completed without requiring further authorization of appropriations beyond amounts
authorized imder paragraph (1); and
(iii) the Secretary foresees no gap in two-satellite service operations resulting from non-performance of the satellite contract; or
(B) submits to the Congress a report which describes—
(i) the circiunstances which prevent a certification
under subparagraph (A);
(ii) remedial actions undertaken or to be undertaken
with respect to such circumstances;
(iii) the effects of such circumstances on the launch
schedule and satellite coverage; and
(iv) a justification for proceeding with the program,
if appropriate.

SEC. 106. DATA AND INFORMATION SYSTEMS.
(a) IN GENERAL.—^There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out its data and information
services activities imder law, $32,628,000 for fiscal year 1992 and
$39,596,000 for fiscal year 1993. Moneys appropriated pursuant
to this authorization shall be used to fund those activities relating
to data and information services specified by the Act of 1890 and
by any other law involving such activities. Such activities include
climate data services, ocean data services, geophysical data services,
and environmental assessment and information services.
(b) MODERNIZATION INITIATIVE.—Of the sirnis authorized under
subsection (a), $10,000,000 in fiscal year 1992 and $15,000,000
in fiscal year 1993 are authorized to be appropriated for the purpose
of modernizing the data and information systems of the National
Oceanic and Atmospheric Administration to meet increasing
requirements for managing, archiving, and distributing environmental data and information.
15 use 1537.

(c) NEEDS ASSESSMENT FOR DATA MANAGEMENT, ARCHIVAL, AND

DISTRIBUTION.—(1) Not later than 12 months after the date of
enactment of this Act and at least biennially thereafter, the Secretary of Commerce shall complete an assessment of the adequacy
of the environmental data and information systems of the National
Oceanic and Atmospheric Administration. In conducting such an
assessment, the Secretary shall take into consideration the need
to—
(A) provide adequate capacity to manage, archive, and
disseminate environmental data and information collected and
processed, or expected to be collected and processed, by the
National Oceanic and Atmospheric Administration and other
appropriate departments and agencies;
(B) establish, develop, and maintain information bases,
including necessary management systems, which will promote
consistent, efficient, and compatible transfer and use of data;
(C) develop effective interfaces among the environmental
data and information systems of the National Oceanic and
Atmospheric Administration and other appropriate departments and agencies;

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4275

(D) develop and use nationally accepted formats and standards for data collected by various national and international
sources; and
(E) integrate and interpret data from different sources
to produce information that can be used by decisionmakers
in developing policies that effectively respond to national and
global environmental concerns.
(2) Not later than 12 months after the date of enactment
of this Act and biennially thereafter, the Secretary of Commerce
shall develop and submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a comprehensive plan, based on the assessment imder paragraph (1),
to modernize and improve the environmental data and imormation
systems of the National Oceanic and Atmospheric Administration.
The report shall—
Reports.
(A) set forth modernization and improvement objectives
for the 10-year period beginning with the year in which the
plan is submitted, including facility requirements and critical
new technological components that would be necessary to meet
the objectives set forth;
(B) propose specific agency programs and activities for
implementing the plan;
(C) identify the data and information management,
archival, and distribution responsibilities of the National Oceanic and Atmospheric Administration with respect to other
Federal departments and agencies and international organizations, including the role of the National Oceanic and
Atmospheric Administration with respect to large data svstems
like the Earth Observing System Data and Information System;
and
(D) provide an implementation schedule and estimate funding levels necessary to achieve modernization and improvement
objectives.
SEC. 107. HURRICANE RECONNAISSANCE PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—(1) The Secretary of Defense

and the Secretary of Commerce shall establish a 5-year joint program for collecting operational and reconnaissance data, conducting
research, and analyzing data on tropical cyclones to assist the
forecast and warning program and increase the understanding of
the causes and behavior of tropical cyclones.
(2) The Secretary of Commerce shall establish the Tropical
Cyclone Research Advisory Committee, an advisory committee of
tropical cyclone research scientists, to make recommendations for
tropical cyclone research activities and reconnaissance procedures.
(b) RESPONSIBILITIES.—<1) The Secretary of Defense shall have
the responsibility for maintaining, flying, and funding tropical
QTclone reconnaissance aircraft to accomplish the program established under this section and to transfer the data to the Secretary
of Commerce. Program responsibility may not be transferred to
any other Federal department or agency, including the Coast Guard,
without the agreement and approval of the Secretary of Defense,
the Secretary of Commerce, and the head of any other Federal
agency or department to which the responsibility is transferred.
(2) The Secretary of Commerce shall have tiie responsibility
to provide funding for data gathering and research by remote sens-

15 USC 313 note.

106 STAT. 4276

PUBLIC LAW 102-567—OCT. 29, 1992

ing, ground sensing, research aircraft, and other technologies necessary to accomplish the program established under this section,
(c) MANAGEMENT PLANS.—(1) The Secretary of Defense and
the Secretary of Commerce shall jointly develop and, within 120
days after the date of enactment of this Act, submit to the Congress
a management plan for the program established under this section,
which shall include organizational structure, goals, mcgor tasks,
and fimding profiles for the 5-year duration of the program.
(2) The Secretanr of Defense and the Secretary of Commerce,
in consultation with the Tropical Cyclone Research Advisory
Committee established by section 107(aX2), shall iointly develop
and, within 4 years after the date of enactment of this Act, submit
to the Congress a management plan providing for continued tropical
cyclone surveillance and reconnaissance which will adequately protect the citizens of the coastal areas of the United States.
(3) The management plans and programs required by this section shall in every sense provide for at least the same degree
and quality of protection (such as early warning capability and
accuracy of fixing a storm's location) as currently exists with a
combination of satellite technology and manned reconnaissance
flights. Additionally, such plans and programs shall in no way
allow £iny reduction in the level, quality, timeliness, sustainability,
or area served (including the State of Hawaii) of both the existing
principal and back-up tropical cyclone reconnaissance and tracking
systems.
15 u s e 313 note.

SEC. 108. UNITED STATES WEATHER RESEARCH PROGRAM.

(a) ESTABLISHMENT.—^The Secretary of Commerce, in cooperation with the Federal Coordinating Council for Science, Engineering,
and Technology through the Committee on Earth and Environmental Sciences, shall establish a United States Weather Research
Program to—
(1) increase benefits to the Nation from the substantial
investment in modernizing the public weather warning and
forecast system in the United States;
(2) improve local and regional weather forecasts and
warnings;
(3) address critical weather-related scientific issues; and
(4) coordinate governmental, university, and private-sector
efforts.
(b) IMPLEMENTATION PLAN.—Not later than 90 days after the
date of enactment of this Act, the Secretary of Commerce, in
cooperation with the Committee on Earth and Environmental
Sciences, shall prepare and submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of Representatives
a plan for implementation of the United States Weather Research
Program whicn shall—
(1) establish, for the 10-year period beginning in the year
the plan is submitted, the goals and priorities for Federal
weather research which most effectively advance the scientific
understanding of weather processes and provide information
to improve weather warning and forecast systems in the United
States;
(2) describe specific activities, including research activities,
data collection and data analysis requirements, predictive modeling, participation in international research efforts, demonstra-

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4277

tion of potential operational forecast applications, and education
and training required to achieve such goals and priorities;
and
(3) set forth the role of each Federal agency and department
to be involved in the United States Weather Research Program,
identifying and addressing, as appropriate, relevant programs
and activities of the Federal agencies and departments that
would contribute to such Program.
SEC. 109. WEATHER SERVICE OFFICE IN RENO, NEVADA.
(a) FACILITY ACQUISITION.—The Administrator of

the National
Oceanic and Atmospheric Administration is authorized—
(1) to construct, on approximately 10 acres of land to be
leased from the University of Nevada System, Desert Research
Institute, or
(2) in the alternative, to acquire by lease construction on
such land, with a lease tei-m of up to 30 years,
a Weather Forecast Office, upper air facility, regional climate center,
and associated instruments and site improvements as part of the
implementation of the Next Generation Weather Radar and
National Weather Service Modernization Program for the Reno,
Nevada surea. This authorization is subject to the availability of
appropriations provided in advance for the purpose stated in paragraph (1) or (2).
(b) REIMBURSEMENT AUTHORITY.—The Administrator is authorized to reimburse the Desert Research Institute for the cost of
providing utilities and access to the site.
(c) OPERATIONS.—^The Administrator is authorized to carry out
the operations of the National Oceanic and Atmospheric Admimstration in such facility.
SEC. 110. WEATHER SERVICE FACILmES IN SOUTH FLORIDA.
(a) CONSTRUCTION OF FACILITY.—The Administrator

of the
National Oceanic and Atmospheric Administration is authorized
to construct, on land to be leased from Florida International University at the Universit/s Tamiami campus, a facility for the National
Hurricane Center, a Weather Forecast Office, an upper air facility,
and associated site improvements as part of the implementation
of the Next Generation Weather Radar and National Weather Service Modernization Program for the South Florida area. This
authorization is subject to the availability of appropriations provided in advance for thepurpose stated in this subsection.
(b) OPERATIONS.—^The Administrator is authorized to cany out
the operations of the National Oceanic and Atmospheric Admimstration in such facility.
SEC. 111. WEATHER FORECAST OFFICE, HONOLULU.
(a) FACILITY ACQUISITION.—(1) The Administrator

of the
National Oceanic and Atmospheric Administration is authorized
to lease building and associated space from the University of
Hawaii, Honolulu, for the operation of a Weather Forecast Office,
as part of the implementation of the Next Generation Weather
Radar and National Weather Service Modernization Program for
the State of Hawaii, for a term of up to 20 years. This authorization
is subject to the availability of appropriations provided in advance
for the purpose stated in this paragraph.

106 STAT. 4278

PUBLIC LAW 102-567—OCT. 29, 1992

(2) Rental costs for the space leased under paragraph (1) shall
not exceed fair annual rental value as established by governmental
appraisal.
(b) ALTERATIONS.—^The Administrator is authorized to expend
funds to make all necessary alterations to the space to allow for
operation of a Weather Forecast OfiEice.
(c) OPERATIONS.—^The Administrator is authorized to carry out
the operations of the National Oceanic and Atmospheric Admimstration in such facility.
Establishment.

SEC. 112. DESTITUTE FOR AVIATION WEATHER PREDICTION.

The Administrator of the National Oceanic and Atmospheric
Administration shall establish an Institute for Aviation Weather
Prediction. The Institute shall provide forecasts, weather warnings,
and other weather services to the United States aviation community. The Institute shall expand upon the activities of the aviation
unit ciurently at the National Severe Storms Forecast Center in
Kansas City, Missouri, and shall be established in the Kansas
City, Missouri area. The Administrator shall provide a full and
fair opportunity for employees at the National Severe Storms Forecast Center to assume comparable duties and responsibilities within
the Institute.
SEC. 113. WEATHER SERVICE OFFICE IN OKLAHOMA.
(a) FACILITY ACQUISITION.—(1) The Administrator of the

National Oceanic and Atmospheric Administration is authorized
to lease building and associated space to be constructed by the
University of Oklahoma, Norman, for the operation of the National
Severe Storms Laboratory, Weather Forecast Office, NEXRAD OpKerational Support Facility, and National Institute for Storm Prediction
as part of the implementation of the Next Generation Weather
Radar and National Weather Service Modernization Program, for
a term of up to 20 years. This authorization is subject to the
availability of appropriations provided in advance for the purpose
stated in this paragraph.
(2) Rental costs for the space leased luider paragraph (1) shall
not exceed fair annual rental value as established by governmental
appraisal.
(b) ALTERATIONS.—^The Administrator is authorized to expend
funds to make all necessary alterations to the space to allow for
operations listed in subsection (aXD.
(c) OPERATIONS.—^The Administrator is authorized to carry out
the operations of the National Oceanic and Atmospheric Administration in such facility.
SEC. 114. TRANSFER OF DATA ARCHIVING RESPONSmiUTY.
(a) FINDINGS.—^The Congress finds that—
(1) section 602 of the Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4272) directs the Secretary of
Commerce to provide for the archiving of land remote-sensing
data for historical, scientific, and technical purposes, including
long-term global environmental monitoring;
(2) the Secretary of Commerce currently provides for the
archiving of Landsat data at the Department of the Interior's
EROS Data Center, which is consistent with the requirement
of section 602(g) of such Act (15 U.S.C. 4272(g)) to use existing
Federal Government facilities to the extent practicable in carrying out this archiving responsibility;

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4279

(3) the Landsat data collected since 1972 are an important
global data set for monitoring and assessing land resources
and global change;
{4) the Secretanr of the Interior maintains archives of aerial
photography, digital cartographic data, and other Earth science
data at the EROS Data Center that also are important data
sets for monitoring and assessing land resources and global
change;
(5) it is appropriate to transfer authority to the Secretary
of the Interior for the archiving of land remote-sensing data;
and
(6) the Secretary of the Interior should explore ways to
facilitate the use of archived data for research purposes consistent with other provisions of the Land Remote-Sensing Commercialization Act of 1984.
(b) PROVISION OF UNENHANCED DATA.—Section 402(bX4) of the
Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C.
4242(bX4)) is amended by inserting **of the Interior" immediately
after "Secretary".
(c) ARCHIVING OF DATA.—Section 602 of the Land RemoteSensing CommerciaUzation Act of 1984 (15 U.S.C. 4272) is
amended—
(1) in subsections (b), (c), (d), (f), and (g), by inserting
"of the Interior" immediately after "Secretary* each place it
appears; and
(2) by adding at the end the following new subsection:
"(h) in canying out the functions of this section, the Secretary
of the Interior shall consult with the Secretary to ensure that
archiving activities are consistent with the terms and conditions
of any contract or a^eement entered into under title II, III, or
V of this Act and with any license issued under title IV of this
Act.".
SEC. 115. WEATHER OFFICE IN EUREKA, CALIFORNIA.

Real property.

Notwithstanding any other law, anv property and improvements to that property located on Woooley Island in the city of
Eureka, California, that are—
(1) acquired by the Secretary of Commerce from Humboldt
Bay Harbor Recreation and Conservation District, California,
for use as a weather fc»recasting office; and
(2) determined by the Secretary to be excess property,
shall revert to that district.
SEC. 116. REPORT ON SATELLITE OCEANOGRAPHY.

(a) IN GENERAL.—^The Federal Coordinating Council for Science,
Engineering, and Technology through the Committee on Earth and
Environmental Sciences, in consultation with Federal, academic,
and commercial users of remotely sensed data, shall consider and
develop findings and recommendations regarding—
(1) the most urgent current needs of oceanographic
researchers within the Federal Government, the academic
community, and the private sector, for remote sensing capabilities and remotely sensed data, including findings regarding
the present inadequacies in these capabilities and data; and
(2) the msgor goals of satellite oceanography for the next
10 years.
(b) REPORT.—^Not later than one year after the date of enactment of this Act, the Federal CoorcUnating Council for Science,

59-194 O—93

21 : QL 3 (Pt 5)

33 USC 883j

106 STAT. 4280

PUBLIC LAW 102-567—OCT. 29, 1992

Engineering, and Technology shall submit to the Congress a report
which describes the findings and recommendations of the Committee on Earth and Environmental Sciences, including recommendations for, or a description of actions to be taken toward—
(1) correcting the inadequacies in remote sensing capabilities;
(2) improving the availability of remotely sensed data; and
(3) achieving the msgor goals of satellite oceanography
developed pursuant to subsection (aX2).
TITLE II—NOAA OCEAN AND COASTAL PROGRAMS
SEC. 20i: NATIONAL OCEAN SERVICE.
(a) MAPPING, CHARTING, AND GEODESY.—^There are authorized

,r

g*

.

to be appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
mapping, charting, and geodesy activities (including geodetic data
collection and analysis) under the Act of 1947 and any other law
involving those activities, $50,917,000 for fiscal year 1992 and
$51,087,000 for fiscal year 1993.
(b) OBSERVATION AND ASSESSMENT.—There are authorized to
be appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
observation and assessment activities—
(1) under the Act of 1947 and any other law involving
those activities, $57,273,000 for fiscal year 1992 and
$57,273,000 for fiscal year 1993; and
(2) under title II of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1441 et seq.), $11,000,000
for fiscal year 1992 and $11,000,000 for fiscal year 1993.
(c) COASTAL OCEAN PROGRAM.—Of the sums authorized under
subsection (b)(1), $17,352,000 for each of the fiscal years 1992
and 1993 are authorized to be appropriated for the purposes of
conducting a Coastal Ocean Program. Such program shall augment
and integrate existing programs of the National Oceanic and
Atmospheric Administration and shall include efforts to improve
predictions of fish stocks, to better conserve and manage living
marine resources, to improve predictions of coastal ocean pollution
to help correct and prevent degradation of the ocean environment,
to promote development of ocean technology to support the effort
of science to understand and characterize the role oceans play
ijj global climate and environmental analysis, and to improve predictions of coastal hazards to protect human life and personal
property.
(d) LONG ISLAND SOUND CIRCULATION MODEL.—NO moneys
appropriated pursuant to the authorizations in this Act shall be
used to conduct analyses of samples collected under the National
Status and Trends Program until the Policy Committee of the
Long Island Sound Study certifies that the National Oceanic and
Atmospheric Administration has completed the water circulation
model for Long Island Sound.
(e) CIRCULATION MODEL FUNDING.—Of the sums authorized
under subsection (b) for fiscal year 1992, $600,000 is available
for completion of the water circulation model for Long Island Sound
and $400,000 is available for National Status and Trends Program
stations in Long Island Sound.

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4281

(f) OCEAN MANAGEMENT.—^There are authorized to be aporopriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out ocean management activities, $1,678,000 for fiscal year 1992 and $1,823,000
forfiscalyear 1993.
SEC. 202. OCEAN AND GREAT LAKES RESEARCH.
(a) OCEAN AND GREAT LAKES RESEARCH AUTHORIZATION.—

There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Aoministration to carry out ocean and Great Lakes research activities under
the Act of 1947, the Act of 1890, and any other law involving
those activities, $32,171,000 for fiscal year 1992 and $39,800,000
for fiscalyear 1993.
(b) CfooPERATivE INSTITUTE FOR LIMNOLOGY AND ECOSYSTEMS

RESEARCH.—In addition to amounts authorized under subsection
(a), there are authorized to be appropriated to the Office of Oceanic
and Atmospheric Research of the National Oceanic and Atmospheric
Administration $250,000 for fiscal year 1992 and $260,000 for fiscal
year 1993, for use bv the Cooperative Institute for Limnology and
Ecosystems Research (established in partnership with the State
of Michigan and the Great Lakes Environmental Research Laboratory) for—
(1) research conducted by the Institute;
(2) development of the Institute; and
(3) for preparation of a five-year plan for research and
development.
(c) LARGE LAKES RESEARCH.—(1) In addition to amounts authorized under subsections (a) and (b), there are authorized to be
appropriated to the Secretary of Commerce for use by the Office
of Oceanic and Atmospheric Research $2,000,000 for fiscal year
1992 and $2,080,000 tor fiscal year 1993 for use for preparing
a plan for large lakes research.
(2) Amounts appropriated under this subsection may be used
for—
(A) preparation of a 5-year plan designating large lake
study sites, research activities, and anticipated research products; and
(B) collection of physical, chemical, and biological data
required for preparing that plan.
(3) Activities conducted witn amounts appropriated under this
subsection shall be coordinated throiigh the Great Lakes Environmental Research Laboratory, working in association witJi the
Cooperative Institute for Limnology and Ecosystems Research and
the National Undersea R<3search Program.
SEC. 203. AQUATIC NUISANCE PREVENTION AND CONTROL PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary of Commerce $11,000,000 for
fiscal year 1992 and $11,440,000 for fiscal year 1993 for use in
implementing the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (PubUc Law 101-646).
(b) REPORT.—Not later than one year after the date of the 16 use mi
enactment of this Act, the Secretary of Commerce shall submit ^°^a report to the Congress on progress toward establishing a
nonindigenous aquatic nuisance prevention and control program
within uie National Oceanic and Atmospheric Administration and

106 STAT. 4282

PUBLIC LAW 102-567—(XTT. 29, 1992

projected funding for such a program for the following five fiscal
years.
SEC. 204. REPEAL OF NATIONAL OCEAN POLLUTION PLANNING ACT
OF 1978.

The National Ocean Pollution Planning Act of 1978 (33 U.S.C.
1701-1709) is repealed.
33 u s e 2706
note-

SEC. 206. NOAA OIL AND HAZARDOUS SUBSTANCE SPILL COST
REIMBURSEMENT.
(a) TREATMENT OF AMOUNTS RECEIVED AS REIMBURSEMENT OF

EXPENSES.—Notwithstanding any other provision of law, amounts
received by the United States as reimbursement of expenses related
to oil or hazardous substance spill response activities, or natural
resource damage assessment, restoration, rehabilitation, replacement, or acquisition activities, conducted (or to be conducted) by
the National Oceanic and Atmospheric Administration—
(1) shall be deposited into the Fund;
(2) shall be available, without fiscal year limitation and
without apportionment, for use in accordance with the law
under which the activities are conducted; and
(3) shall not be considered to be an augmentation of appropriations.
(b) APPLICATION.—Subsection (a) shall apply to amoimts
described in subsection (a) that are received—
(1) after the date of the enactment of this Act; or
(2) with respect to the oil spill associated with the groimding of the EXXON VALDEZ.
(c) DEFINITIONS.—For purposes of this section—
(1) the term "Fund" means the Damage Assessment and
Restoration Revolving Fund of the National Oceanic and
Atmospheric Administration referred to in title I of Public
Law 101-515 under the heading "National Oceanic and
Atmospheric Administration" (104 Stat. 2105); and
(2) the term "expenses" includes incremental and base salaries, ships, aircraft, and associated indirect costs, except the
term does not include base salaries and benefits of National
Oceanic and Atmospheric Administration Support Coordinators.
TITLE III—NOAA MARINE FISHERY PROGRAMS
SEC 301. AUTHORIZATION OF APPROPRIATIONS.

97 Stat. 1410.

The National Oceanic and Atmospheric Administration Marine
Fisheries Program Authorization Act (Public Law 98-210; 97 Stat.
1409) is amended—
(1) in section 2(a) by striking "$26,500,000" and all that follows
through "fiscal year 1989" and inserting in lieu thereof "$47,933,000
for fiscal year 1992 and $59,162,000 for fiscal year 1993";
(2) in section 3(a) by striking "$35,000,000" the first time it
appears and all that follows through "fiscal year 1989" and inserting
m lieu thereof "$27,290,000 for fiscal year 1992 and $35,594,000
for fiscal year 1993"; and
(3) in section 4(a) by striking "$10,000,000" and all that follows
through "fiscal year 1989" and inserting in lieu thereof "$12,182,000
for fiscal year 1992 and $18,838,000 for fiscal year 1993".

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4283

SEC. 302. DEVELOPMENT OF DOLPHIN-SAFE METHODS OF TUNA FISHING.

Section 2 of the National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act (PubHc Law 9 8 210; 97 Stat. 1409) is amended by adding at the end the following
new subsection:
"(d) Of the sums authorized imder subsection (a) of this section,
$1,000,000 for each of the fiscal years 1992 and 1993 are authorized
to be appropriated for the purpose of developing dolphin-safe methods of locating and catching yellowfin tuna. Such authorization
shall be in addition to moneys authorized under section 7 of the
Act entitled 'An Act to improve the operation of the Marine Mammal
Protection Act of 1972, and for other purposes', approved October
9, 1981 (16 U.S.C. 1384). Within six months after the date of Printing.
enactment of this subsection, the Secretary, in cooperation with ?"^J.^J^.
the Inter-American Tropical Tuna Commission and after consulta- information.
" """
tion with interested persons, shall publish a program plan for
public comment that shall provide for—
"(1) cooperative research to improve understanding of the
behavioral association of dolphins and yellowfin tuna in the
eastern tropical Pacific Ocean;
"(2) development, testing, and implementation of new methods of locating and catching yellowfin tuna without the incidental taking of dolphins; and
"(3) appropriate measures to ensure program participation
and sharing of associated costs by each foreign government
that conducts, or authorizes its nationals to conduct, yellowfin
tuna fishing in the eastern tropical Pacific Ocean.**.
SEC. 303. FISHERIES RESEARCH.

Section 304(e) of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1854(e)) is amended by redesignating
paragraphs (1), (2), and (3), and any reference thereto, as paragraphs (2), (3), and (4), respectively, and by inserting immediately
after "FISHERIES RESEABCH.—" the following: "(1) The Secretary
shall initiate and maintain, in cooperation with the Councils, a
comprehensive program of fishery research to carry out and further
the purposes, policy, and provisions of this Act. Such program
shall be designed to acquire knowledge and information, including
statistics, on fishery conservation and management and on the
economics of the fisheries.".
SEC 304. FISHERY FACILmES.

Section llOl(k) of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1271(k)), is amended—
(1) by striking "or" at the end of paragraph (1);
(2) by adding "or" at the end of paragraph (2); and
(3) by inserting immediately after paragraph (2) the following new paragraph:
"(3) for aquaculture, including operations on land or
elsewhere—
"(A) any structure or appurtenance thereto designed
for aquaculture;
"(B) the land necessary for any such structure or appurtenance described in subparagrapn (A);
"(C) equipment which is for use in connection with
any such structure or appurtenance and which is necessary

106 STAT. 4284

PUBLIC LAW 102-567—OCT. 29, 1992
for the performance of any function referred to in subparagraph (A); and
"(D) any vessel built in the United States used for,
equipped to be used for, or of a type which is normally
used tor aquaculture;".

SEC. 305. STUDY OF JOINT ENFORCEMENT OF FISHERIES REGULATIONS.
Reports.

Not later than 4 months after the date of enactment of this
Act, the Secretary of Transportation and the Secretary of Commerce
shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and
Fisheries of the House of Representatives a joint report describing
methods by which Coast Guard enforcement efforts in the western
Pacific Ocean under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et sea.) may be enhanced and
coordinated with those of the National Oceamc and Atmospheric
Administration. The report shall—
(1) evaluate the ability of the Coast Guard to address
key enforcement problems, which the Secretary of Commerce
shall identify, for the western Pacific Ocean, particularly in
the exclusive economic zone adjacent to the Hawaiian Islands,
the Northern Mariana Islands, and the territories and possessions of the United States;
(2) propose procedures by which the Coast Guard and the
National Oceanic and Atmospheric Administration may coordinate their efforts to improve and maximize efiTective enforcement of fisheries regulations, including but not limited to the
chartering of light aircraft for fisheries surveillance and enforcement; and
(3) recommend appropriate levels of Coast Guard participation in such efforts.

Mexico.
16 u s e 1361
note.

SEC. 306. STUDY ON EFFECTS OF DOLPHIN FEEDING.

Establishment.

(a) STUDY.—^The Secretary of Commerce shall conduct a study
in the eastern Gulf of Mexico on the effects of feeding of noncaptive
dolphins by human beings. The study conducted pursuant to this
section shall be designed to detect an^ behavior or diet modification
resulting from this feeding and to identify^ the eCTects, if any, of
these modifications on the health and well-being of the dolphins.
(b) EXTERNAL REVIEW.—^In design and conduct of the studv
required under subsection (a), the Secretaiy shall consult with
the National Academy of Sciences and the Marine Mammal
Commission.
(c) REPORT.—^Within 18 months after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the study conducted pursuant
to subsection (a).
SEC. 307. CHESAPEAKE BAY ESTUARINE RESOURCES OFFICE.

(a) ESTABUSHMENT.—(1) The Secretary of Commerce shall
establish, within the National Oceanic and Atmospheric Administration, an office to be known as the Chesapeake Bay Estuarine
Resources OfiGce (hereinafter referred to as the 'H^fi&ce").
(2) The Office shall be headed by a Director who shall be
appointed by the Secretary of Commerce, in consultation with the

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4285

Chesapeake Bay Executive Council. Any individual appointed as
Director shall have knowledge and experience in research or
resource management efforts in the Chesapeake Bay.
(3) The Director may appoint such additional personnel for
the Office as the Director determines necessary to carry out this
section.
(b) FUNCTIONS.—The Office, in consultation with the Chesapeake Bay Executive Coimcil, shall—
(1) provide technical assistance to the Administrator, to
other Federal departments and agencies, and to State and
local government agencies in—
(A) assessing the processes that shape the Chesapeake
Bay system suid affect its living resources;
(B) identifying technical and management alternatives
for the restoration and protection of living resources and
the habitats the}'^ depend upon; and
(C) monitoring the implementation and effectiveness
of management plans;
(2) develop and implement a strategy for the National
Oceanic and Atmospheric Administration that integrates the
science, research, monitoring, data collection, regulatory, and
management responsibilities of the Secretary of Commerce in
such a manner as to assist the cooperative, mtergovemmental
Chesapeake Bay Program to meet the commitments of the
Chesapeake Bay Agreement;
(3) coordinate the programs and activities of the various
organizations within the National Oceanic and Atmospheric
Acuninistration and the Chesapeake Bay Regional Sea Grant
Programs (including programs and activities in coastal and
estuarine research, monitoring, and assessment; fisheries
research and stock assessment; data management; remote
sensing; coastal management; and habitat conservation);
(4) coordinate the activities of the National Oceanic and
Atmospheric Administration with the activities of the Environmental Protection Agency and other Federal, State, and local
agencies;
(5) establish an effective mechanism which shall ensure
that projects have undergone appropriate peer review and provide other appropriate means to determine that projects have
acceptable scientific and technical merit for the purpose of
achieving maximum utilization of available funds and resources
to benefit the Chesapeake Bay area;
(6) remain cognizant of ongoing research, monitoring, and
management projects and assist in the dissemination of the
results andfindingsof those projects; and
(7) submit a biennial report to the Congress and the Sec- Reports.
retary of Commerce with respect to the activities of the Office
and on the progress made in protecting and restoring the
living resources and habitat of the Chesapeake Bay.
(c) BUDGET LINE ITEM.—^The Secretary of Commerce shall identify, in the President's annual budget to the Congress, the funding
request for the Office.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 2 of

the

National Oceanic and Atmospheric Administration Marine Fisheries
Program Authorization Act (Public Law 98-210; 97 Stat. 1409),
as amended by section 302 of this Act, is further amended by
adding at the end the following new subsection:

106 STAT. 4286

PUBLIC LAW 102-567—OCT. 29, 1992

"(e) Of the sums authorized under subsection (a) of this section,
no more than $2,500,000 are authorized to be appropriated for
each of the fiscal years 1992 and 1993 to enable the National
Oceanic and Atmospheric Administration to establish the Chesa^
peake Bay Estuarine Resources Office under section 306 of the
National Oceanic and Atmospheric Administration Authorization
Act of 1991. No more than 20 percent of the amount appropriated
under the authorization in this subsection shall be used for administrative purposes.".
(e) CHESAPEAKE EXECUTIVE COUNCIL.—For purposes of this
section, "Chesapeake Executive Council" means the representatives
from the Commonwealth of Virginia, the State of Maryland, the
Commonwealth of Pennsylvania, the Environmental Protection
Agency, the District of Columbia, and the Chesapeake Bay Commission, who are signatories to the Chesapeake Bay Agreement, and
any future signatories to that Agreement.
33 u s e 1251
^°^'

Establishment.

SEC. 308. NATIONAL SHEIXFISH INDICATOR PROGRAM.
(a) ESTABLISHMENT OF A RESEARCH PROGRAM.—The Secretary

of Commerce, in cooperation with the Secretary* of Health and
Human Services and the Administrator of the Environmental
Protection Agency, shall establish and administer a 5-year national
shellfish research program (hereafter in this section referred to
as the "Program") for the purpose of improving existing classification systems for shellfish Rowing waters using the latest technological advancements in microbiology and epidemiological methods.
Within 12 months after the date of enactment of this Act, the
Secretary of Commerce, in cooperation with the advisory committee
established under subsection (b) and the Consortium, snail develop
a comprehensive 5-year plan for the Program which shall at a
minimum provide for—
(1) an environmental assessment of commercial shellfish
growing areas in the United States, including an evaluation
of the relationships between indicators of fecal contamination
and human enteric pathogens;
(2) the evaluation of such relationships with respect to
potential health hazards associated with human consumption
of shellfish;
(3) a comparison of the current microbiological methods
used for evaluating indicator bacteria and human enteric pathogens in shellfish and shellfish growing waters with new technological methods designed for this purpose;
(4) the evaluation of current and projected systems for
human sewage treatment in eliminating viruses and other
human enteric pathogens which accumulate in shellfish;
(5) the design of epidemiological studies to relate
microbiological daUi, sanitary survey data, and human shellfish
consumption data to actual hazards to health associated with
such consumption; and
(6) recommendations for revising Federal shellfish standards and improving the capabilities of Federal and State agencies to effectively manage shellfish and ensure the safety of
shellfish intended for human consumption.
(b) ADVISORY COMMITTEE.—(1) For the purpose of providing
oversight of the Program on a continuing basis, an advisory committee (hereafter in this section referred to as the "Committee") shall
be established under a memorandum of understanding between

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4287

the Interstate Shellfish Sanitation Conference and the National
Marine Fisheries Service.
(2) The Committee shall—
(A) identify priorities for achieving the purpose of the Program;
(B) review and recommend approval or disapproval of Program work plans and plans of operation;
(C) review and comment on all subcontracts and grants
to be awarded luider the Program;
(D) receive and review progress reports from the Consortiimi and program subcontractors and grantees; and
(E) provide such other advice on the Program as is appropriate.
(3) The Committee shall consist of at least ten members and
shall include—
(A) three members representing agencies having authority
under State law to regulate the shellfish industry, of whom
one shall represent each of the Atlantic, Pacific, and Gulf
of Mexico shellfish growing regions;
(B) three membc^rs representing persons engaged in the
shellfish industry in the Atlantic, Pacific, and Gulf of Mexico
shellfish growing regions (who shall be appointed from among
at least six recommendations by the industry members of the
Interstate Shellfish Sanitation Conference Executive Board),
of whom one shall represent the shellfish industry in each
region;
(C) three members, of whom one shall represent each of
the following Federal agencies: the National Oceanic and
Atmospheric Administration, the Environmental Protection
Agency, and the Food and Drug Administration; and
(D) one member representing the Shellfish Institute of
North America.
(4) The Chairman of the Committee shall be selected from
among the Committee members described in paragraph (3XA).
(5) The Committee shall establish and maintain a subcommittee Establishment,
of scientific experts to provide advice, assistance, and information
relevant to research funded under the Program, except that no
individual who is awarded, or whose application is being considered
for, a grant or subcontract under the Program may serve on such
subcommittee. The membership of the subcommittee shall, to the
extent practicable, be regionally balanced with experts who have
scientific knowledge concerning each of the Atlantic, Pacific, and
Gulf of Mexico shellfish growing regions. Scientists from the
National Academy of Sciences and appropriate Federal agencies
(including the National Oceanic and Atmospheric Administration,
Food and Drug Administration, Centers for Disease Control,
National Institutes of Health, Environmental Protection Agency,
and National Science Foundation) shall be considered for membership on the subcommittee.
(6) Members of the Committee and its scientific subcommittee
established under this subsection shall not be paid for serving
on the Committee or subcommittee, but shall receive travel expenses
as authorized by section 5703 of title 5, United States Code.
(c) CONTRACT WITH CONSORTIUM.—Within 30 days after the
date of enactment of this Act, the Secretary of Commerce shall
seek to enter into a cooiierative agreement or contract with the
Consortium under which tne Consortium will—

106 STAT. 4288

Imports-

PUBLIC LAW 102-567—OCT. 29, 1992

(1) be the academic administrative organization and fiscal
agent for the Program;
(2) award and administer such grants and subcontracts
as are approved by the Committee under subsection (b);
(3) develop and implement a scientific peer review process
for evaluating grant and subcontractor applications prior to
review by the Committee;
(4) in cooperation with the Secretary of Conmierce and
the Committee, procure the services of a scientific project
director;
(5) develop and submit budgets, progress reports, work
plans, and plans of operation for the Program to the Secretary
of Conmierce and the Committee; and
(6) make available to the Committee such staff, information, and assistance as the Committee may reasonably require
to carry out its activities.
(d) REPORTING REQUIREMENTS.—Within 3 months afl;er the date
of enactment of this Act and within each of the next three consecutive 3-month intervals, the Secretary of Commerce shall provide
Congress with written assessments of Federal efforts to implement
this section. In addition, the Secretary of Commerce shall submit
an annual report to Congress on the Program, including a description of the rosearoh fiinded under the Program and the rosults
of such research.
(e) AUTHORIZATION OF APPROPRIATIONS.—(1) Of the sums
authorized under section 4(a) of the National Oceanic and
Atmospheric Administration Marine Fisheries Program Authorization Act (Public Law 98-210; 97 Stat. 1409), there are authorized
to be appropriated to the Secret£ury of Commerce $5,200,000 for
each of tiie fiscal years 1993 through 1997 for carrying out the
Program. Of the amounts appropriated pursuant to this authorization, not more than 5 percent of such appropriation may be used
for administrative purposes by the National Ocecuiic and
Atmospheric Administration. The remaining 95 percent of such
appropriation shall be used to meet the administrative and scientific
objectives of the Program.
(2) The Interstate Shellfish Sanitation Conference shall not
administer appropriations authorized under this section, but may
be reimbursed from such appropriations for its expenses in arranging for travel, meetings, workshops, or conferences necessary to
carry out the Program.
(0 DEFINITIONS.—^As used in this section, the term—
(1) "Consortium" means the Louisiana Universities Marine
Consortium; and
(2) "shellfish" means any species of oyster, clam, or mussel
that is harvested for human consumption.
SEC. 30e. COOPERATIVE INSTITUTE OF FISHERIES OCEANOGRAPHY.

North Carolina.

The Secretary of Commerce shall acquire on a long-term basis
fix>m the Administrator of General Services space on Pivers Island
in Beaufort, North Carohna, that is needed to implement the memorandum of understanding of Maroh 2, 1989, between the National
Oceanic and Atmospheric Administration, Duke University, and
the University of North Carolina estoblishing the Cooperative
Institute of Fisheries Oceanography. This section shall not apply
if the annual cost of leasing the required space exceeds $2,000,000.

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4289

SEC. 310. UNITED STATES GULF OF MEXICO AND SOUTH ATLANTIC
SHRIMP FISHERY STUDY.

(a) STUDY.—(1) The Secretary of Commerce shall conduct a
comprehensive economic study to provide baseline information to
guide policy decisions on the future of the United States Gulf
of Mexico and South Atlantic shrimp fishery. Funds shall only
be expended imder the terms of paragraph (2) of this section.
(2) The study shall—
(A) gather information as to the extent to which governmental and economic: factors have affected or may affect the
United States Gulf of Mexico and South Atlantic shrimp fishery;
(B) attempt to expand available historical data through
survey contacts and cooperation with the industry; and
(C) incorporate the results of the studies on the United
States Gulf of Mexico and South Atlantic shrimp fishery that
are underway or completed on the date this section is effective.
(b) REPORT.—^The Secretary of Commerce shall submit a report
to Congress detailing the results of this study no later than October
1,1993.
(c) AUTHORIZATION.—There is authorized to be appropriated
to carry out the provisions of this section $1,000,000 for fiscal
year 1993. None of the funds authorized under section 304(g) of
the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1854(g)) may be used to carry out the provisions of this
section.
SEC. 311. REPORT ON SATELLITE CAPABIUTIES FOR FISHERIES
ENFORCEMENT.

(a) IN GENERAL.—^Not later than six months after the date
of the enactment of this Act, the Secretary of Commerce, in consultation with the heads of other Federal agencies, shall prepare and
submit to the Committee on Merchant Marine and Fisheries of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, a report describing how
current and planned satellite capabilities of the Federal Government
can aid in the enforcement of Federal fisheries laws and international fisheries conservation programs.
(b) REPORT CONTENTS.—^The report under subsection (a) shall
include consideration of—
(1) active, transponder-based systems and passive, vessel
signature-based techniologies capable of localizing or identifying individual vessels without the use of vessel-carried
transmitters;
(2) the resolution, coverage periods, and all-weather
effectiveness of each technology and the real-time data delivery
capacity of the various systems;
(3) a description of the technological requirements (including data processing and transfer procedures) and institutional
requirements necessary to transfer satellite data to end users
for management and enforcement purposes; and
(4) the status of foreign civil satellites and the feasibility
of their application to international vessel location and monitoring.

106 STAT. 4290
California.

PUBLIC LAW 102-567—OCT. 29, 1992

SEC. 312. DEMONSTRATION PROJECT
TRAINING AND EDUCATION.

FOR

SEAFOOD

HANDLING

(a) GRANTS.—^The Secretary of Commerce may make annual
grants to the City of San Francisco and the Port of San Francisco
for each of the fiscal years 1992 and 1993 for a joint proiect
at the San Francisco Wharf to demonstrate safe seafood handling
and to conduct seafood education programs.
(b) AUTHORIZATION OF APPROPRIATIONS.—For grants imder this
section, there are authorized to be appropriated to the Secretary
of Commerce—
(1) $250,000 for fiscal year 1992; and
(2) $350,000 for fiscal year 1993.
Such funds shall remain available iintil expended.
SEC. 313. BOWHEAD WHALE STUDY.

^\
\.
Louisiana.

Notwithstanding any other provision of law, the Department
of Commerce and the Department of the Interior are authorized
to pay as appropriate, $48,464, plus interest since June 6, 1988,
to reimburse any unpaid costs inciirred in the research and preparation of a paper entitled "Quantification of Subsistence and Cultural
Need for Bowhead Whales by Alaska Eskimos", which was presented by the United States to the 40th Annual Meeting of the
International Whaling Commission.
SEC. 314. FISHERIES RESEARCH CENTER.

The Secretary of Commerce, through the Under Secretary of
Commerce for Oceans and Atmosphere, is authorized to construct
a building, on approximately 15 acres of land to be leased from
the University of Southwest Louisiana for a 99-year term. This
section shall not apply if the annual cost of leasing the required
land exceeds one dollar. This authorization is subject to the availability of appropriations provided in advance for the purpose stated
in this section.
Mississippi.

SEC. 315. PASCAGOULA LABORATORY WAREHOUSE FACILITIES.

Due to the logistical crisis at the National Marine Fisheries
Service Laboratonr at Pascagoula, Mississippi, the Administrator
of the National Oceanic and Atmospheric Administration should
give immediate consideration to upgrading dock and warehouse
support facilities at such Laboratory in fiscal year 1993.
TITLE IV—ADMINISTRATION AND OTHER ACCOUNTS
SEC. 401. PROGRAM SUPPORT.
(a) EXECUTIVE DIRECTION AND ADMINISTRATIVE ACTIVITIES.—

There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out executive direction and administrative activities
(including management, administrative support, provision of retired
pay of National Oceanic and Atmospheric Administration commissioned ofiRcers, and policy development) under the Act entitled
"An Act to clarify the status and benefits of commissioned ofiicers
of the National Oceanic and Atmospheric Administration, and for
other purposes", approved December 31, 1970 (33 U.S.C. 857-1
et seq.), and any other law involving those activities, $68,460,000
for fiscal year 1992 and $75,750,000 for fiscal year 1993.
(b) MARINE SERVICES.-—(1) There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oce-

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4291

anic and Atmospheric Administration to carry out marine services
activities (including ship operations, maintenance, and support)
under the Act of 1947 and any other law involving those activities,
$63,407,000 for fiscal year 1992 and $68,518,000 for fiscal year
1993.
(2) There are authorized to be appropriated to the Secretary
of Commerce, to enable the National Oceanic and Atmospheric
Administration to acquire a multibeam sonar mapper, $1,500,000
for fiscal year 1993.
(3) In addition to sums authorized in paragraphs (1) and (2),
there are authorized to be appropriated to the Secretary of Commerce $1,040,000 for fiscal year 1993 for the reactivation and operation of the research vessle ALBATROSS IV.
(4)(A) Unless necessary for safety reasons, the Secretary of
Commerce shall not deactivate the ALBATROSS IV (if active),
until an equivalent replacement vessel is operational.
(B) The Secretary of Commerce shall notify the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the House of
Representatives 60 days prior to the proposed deactivation of any
other research vessel of the National Oceanic and Atmospheric
Administration, if an equivalent replacement vessel will not become
operational at the time of deactivation.
(5) The Secretary of Commerce shall consult with the Oceanographer of the Navy regarding appropriate cost effective and practical
measures to allow vessels of the National Oceanic and Atmospheric
Administration to be interoperable with vessels of the Department
of the Navy, including with respect to operation, maintenance,
and repair of those vessels.
(c) AIRCRAFT SERVICES.—There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out aircraft services
activities (including aircraft operations, maintenance, and support)
under the Act of 1890 and any other law involving those activities,
$8,865,000 for fiscal year 1992 and $10,336,000 for fiscal year
1993.

33 USC 89lb
"°*«

33 USC 89lg
^°^-

SEC. 402. CONSTRUCTION.

There are authorized to be appropriated to the Secretary of
Commerce, for acquisition, construction, maintenance, and operation of facilities of the National Oceanic and Atmospheric Administration under any law involving those activities, $34,917,000 for
fiscal year 1992 and $94,500,000 for fiscal year 1993.
SEC. 403. NOTICE OF REPROGRAMMING.

(a) I N GENERAL.—^The Secretary of Commerce shall provide
notice to the Committee on Commerce, Science, and Transportation
and Committee on Appropriations of the Senate and to the Committee on Merchant Marine and Fisheries, Committee on Science,
Space, and Technology, and Committee on Appropriations of the
House of Representatives, not less than 15 days before
reprogramming funds available for a program, project, or activity
of the National Oceanic and Atmospneric Administration in an
amount greater than the lesser of $250,000 or 5 percent of the
total funding of such program, project, or activity if the
reprogramming—
(1) augments an existing program, project, or activity;

15 USC 1538.

106 STAT. 4292

PUBLIC LAW 102-567—OCT. 29, 1992

(2) reduces by 5 percent or more (A) the funding for an
existing program, project, or activity or (B) the numbers of
personnel therefor as approved by Confess; or
(3) results from any general savings from a reduction in
personnel which would result in a change in an existing program, project, or activity.
(b) NOTICE OF REORGANIZATION.—The Secretary of Commerce
shall provide notice to the Committees on Merchant Marine and
Fisheries, Science, Space, and Technology, and Appropriations of
the House of Representatives, and the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate not
later than 15 days before any major reorganization of any program,
project, or activity of the National Oceanic and Atmospheric
Administration.
15 u s e 1539.
Regulations.

44 u s e 1307
note.

SEC. 404. FINANCIAL ASSISTANCE.
(a) PROCESSING OF APPLICATIONS.—Within 12 months after the

date of enactment of this Act, the Secretary of Commerce shall
develop and, after notice and opportunity for public comment,
promulgate regulations or guidelines to ensure that a completed
application for a grant, contract, or other financial assistance under
a nondiscretionary assistance program shall be processed and
approved or disapproved within 75 days after submission of the
application to the responsible program omce of the National Oceanic
and Atmospheric Administration.
(b) NOTIFICATION OF APPUCANT.—Not later than 14 days after
the date on which the Secretary of Commerce receives an application for a contract, grant, or other financial assistance provided
imder a nondiscretionary assistance program administered by the
National Oceanic and Atmospheric Administration, the Secretary
shall indicate in writing to the applicant whether or not the application is complete and, if not complete, shall specify the additional
material tnat the applicant must provide to complete the
application.
(c) EXEMPTION.—In the case of a program for which the recipient of a grant, contract, or other financial assistance is specified
by statute to be, or has customarily been, a State or an interstate
fishery commission, such financial assistance may be provided bv
the Secretary to that recipient on a sole-source basis, notwithstanding any other provision of law.
(d) DEFINITION.—In this section, the term "nondiscretionary
assistance program" means any program for providing financial
assistance—
(1) under which the aniount of funding for, and the
intended recipient of, the financial assistance is specified by
Congress; or
(2) the recipients of which have customarily been a State
or an interstate fishery commission.
SEC. 406. PRICE FREEZE ON CHARTS AND OTHER PRODUCTS OF
NOAA.

Notwithstanding section 1307 of title 44, United States Code,
the price of nautical charts or other nautical products produced
or published by the National Oceanic and Atmospheric Administration and sold after the date of the enactment of this Act shall
not exceed the price of that t3rpe of chart or product on the date
of enactment of this Act adjusted for inflation. This section shall
not apply after September 30,1994.

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4293

SEC. 406. COOPERATIVE AGREEMENTS.

15 USC 1540.

The Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, may enter into
cooperative agreements and other financial agreements with any
nonprofit organization to—
(1) aid and promote scientific and educational activities
to foster public understanding of the National Oceanic and
Atmospheric Administration or its programs; and
(2) solicit private donations for the support of such
activities.
SEC. 407. RECRUITMENT OF MmORITIES AND WOMEN FOR NOAA
SCIENCE EDUCATION ACTIVITIES.

(a) FINDINGS.—The Congress finds the following:
(1) In this decade, more than two-thirds of the new entrants
to the United States labor force will be minorities and women—
groups which for the most part have been historically
underrepresented in the sciences.
(2) The National Science Foundation estimates that by
the year 2000, the United States will face a shortfall of more
than 400,000 science and engineering personnel.
(3) Given the demographics of the United States workforce,
the problem of underrepresented minorities and women in the
sciences and engineenng could seriously compromise the industrial and technological capability of the United States, as well
as its ability to compete in international marketplaces.
(4) The National Oceanic and Atmospheric Administration
has made important efforts to promote education programs
in the sciences for students, teachers, and other citizens.
(b) SENSE OF CONGRESS.—It is the sense of the Congress that
the National Oceanic and Atmospheric Administration should continue to expand its educational programs in the sciences, and in
this effort, that the National Oceanic and Atmospheric Administration should develop and promote programs that reach out to and
recruit minorities and women for education in the sciences.
TITLE V—NATIONAL MARINE MONITORING PROGRAM
SEC. 501. AMENDMENT.

The Marine Protection, Research, and Sanctuaries Act of 1972
is amended by adding at the end the following new title:
TITLE V—NATIONAL COASTAL MONITORING ACT
"SEC. 501. PURPOSES.

'Thepurposesof this title are to—
"(1) establish a comprehensive national program for consistent monitoring of the Nation's coastal ecosystems;
"(2) establish long-term water quality assessment and monitoring programs for high priority coastal waters that will
enhance the ability of Federal, State, and local authorities
to develop and implement effective remedial programs for those
waters;
"(3) establish a system for reviewing and evaluating the
scientific, analjrtical, and technological means that are available
for monitoring the environmental quality of coastal ecosystems;

33 USC 2801.

106 STAT. 4294

Reports-

33 u s e 2802.

PUBLIC LAW 102-567—OCT. 29, 1992
"(4) establish methods for identifying uniform indicators
of coastal ecosystem quality;
"(5) proviae for periodic, comprehensive reports to Congress
concerning the quality of the Nation's coastal ecosystems;
"(6) establish a coastal environment information program
to distribute coastal monitoring information:
''(7) provide state programs authorized under the Coastal
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) with
information necessary to design land use plans and coastal
zone regulations that will contribute to the protection of coastal
ecosystems; and
"(8) provide certain water pollution control programs
authorized imder the Federal Water Pollution Control ^ t (33
U.S.C. 1251 et seq.) with information necessary to design and
implement effective coastal water pollution controls.

"SEC. 502. DEFINITIONS.

"For the purposes of this title, the term—
"(1) 'Administrator' means the Administrator of the
Environmental Protection Agency;
"(2) 'coastal ecosystem means a system of interacting
biological, chemical, and physical components throughout the
water column, water surface, and benthic environment of
coastal waters;
"(3) 'coastial water quality* means the physical, chemical
and biological parameters that relate to the health and integrity
of coastal ecosystems;
"(4) 'coastal water quality monitoring' means a continuing
program of measurement, analysis, and s^thesis to identify
ana quantify coastal water quality conditions and trends to
proviae a technical basis for decisionmaking;
"(5) 'coastal waters' means waters of the Great Lakes,
including their connecting waters and those portions of rivers,
streams, and other bodies of water having unimpaired connection with the open sea up to the head of tidal influence, including wetlands, intertidal areas, bays, harbors, and leigoons,
including waters of the territorial sea of the United Stetes
and the contiguous zone"; and
"(6) *Under Secretary' means Under Secretary of Commerce
for Oceans and Atmosphere.
33 u s e 2803.

Rhode Island.

'^EC. 503. COMPREHENSIVE COASTAL WATER QUALTIT MONITORING
PROGRAM.
"(a) AUTHORITY; JOINT IMPLEMENTATION.—(1) The Adminis-

trator and the Under Secretary, in conjunction with other Federal,
Stete, and local authorities, shall jointly develop and implement
a program for the long-term collection, assimilation, and analysis
of scientific date designed to measure the environmentel quality
of the Nation's cosistal ecosystems pursuant to this section. Monitoring conducted pursuant to this section shall be coordinated with
relevant monitoring programs conducted by the Administrator,
Under Secretary, and other Federal, Stete, and local authorities.
**(2) Primanr leadership for the monitoring program activities
conducted by the Environmental Protection Agency pursuant to
this section shall be located at the Environmental Research Laboratory in Narragansett, Rhode Island.
"(b) PROGRAM ELEMENTS.—The Comprehensive Coastal Water
Quality Monitoring Program shall include, but not be limited to—

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4295

"(1) identification and analysis of the status of environmental ^[uality in the Nation's coastal ecosystems, including
but not limited to, assessment of—
"(A) ambient water quality, including contaminant levels in relation to criteria and standards issued pursuant
to title III or the Federal Water Pollution Control Act
(33 U.S.C. 1311 et seq.);
"(B) benthic environmental quality, including analysis
of contaminant levels in sediments in relation to criteria
and standards issued pursuant to title III of the Federal
Water Pollution Control Act (33 U.S.C. 1311 et seq.); and
"(C) health and quality of living resources.
"(2) identification of sources of environmental degradation
affecting the Nation's coastal ecosystems;
"(3) assessment of the impact of governmental programs
and management strategies and measures designed to abate
or prevent the environmental degradation of the Nation's
coastel ecosystems;
"(4) assessment of the accumulation of floatables along
coastal shorelines;
"(5) analysis of expected short-term and long-term trends
in the environmentel quality of the Nation's coastal ecosystems;
and
"(6) the development and implementetion of intensive
coastal water quality monitoring programs in accordance with
subsection (d).
(c) MONITORING GUIDELINES AND PROTOCOLS.—

"(1) GUIDELINES.—Not later than 18 months after the date
of the enactment of this title, the Administrator and the Under
Secretary shall jointly issue coastal water quality monitoring
guidelines to assist in the development and implementetion
of coastel water quality monitoring programs. The guidelines
shall—
"(A) provide an appropriate degree of uniformity among
the coastel water quality monitoring methods and data
while preserving the flexibility of monitoring programs to
address specific needs;
"(B) esteblish scientifically valid monitoring methods
that will—
"(i) provide simplified methods to survey and
assess the water quality and ecological health of coastel
waters;
"(ii) identify and quantify through more intensive
efforts the severity of existing or anticipated problems
in selected coastal waters;
"(iii) identify and quantify sources of pollution that
cause or contribute to those problems, including point
and nonpoint sources; and
"(iv) evaluate over time the effectiveness of efforts
to reduce or eliminate pollution from those sources;
"(C) provide for date compatibility to enable date to
be efiicientlv stored and shared by various users; and
"(D) identify appropriate physical, chemical, and
biological indicators of the health and quality of coastal
ecosystems.
"(2) TECHNICAL PROTOCOLS.—Guidelines issued under paragraph (1) shall include protocols for—

.
^

106 STAT. 4296

PUBLIC LAW 102-567—OCT. 29, 1992
"(A) designing statistically valid coastal water quality
monitoring networks and monitoring surveys, including
assessment of the accumulation of floatables.
"(B) sampling and analysis, including appropriate
physical and chemical parameters, living resource parameters, and sediment analysis techniques; and
''(C) quality control, quality assessment, and data
consistency and management.
"(3) PERIODIC REVIEW.—The Administrator and the Under

\

Secretary shall periodically review the guidelines and protocols
issued imder this subsection to evaluate their efiTectiveness,
the degree to which they continue to answer program objectives
: and provide an appropriate degree of uniformity while taking
local conditions into account, and any need to modify or supplement them with new guidelines £uid protocols, as needed.
"(4) DISCHARGE PERMIT DATA.—^The Administrator or a
State permitting authority shall ensure that compliance monitoring conducted pursuant to section 402(aX2) of the Federal
Water Pollution Control Act (33 U.S.C. 1342(a)(2)) for permits
for discharges to coastal waters is consistent with the guidelines
issued under this subsection. Any modifications of discharge
permits necessary to implement this subsection shall be deemed
to be minor modifications of such permit. Nothing in this subsection requires dischargers to conduct monitoring other than
compliance monitoring pursuant to permits under section
402(a)(2) of the Federal Water Pollution Control Act (33 U.S.C.
1342(aX2)).
"(d) INTENSIVE
PROGRAMS.—

COASTAL

WATER

QUALITY

MONITORING

"(1) IN GENERAL.—The Comprehensive Coastal Water Quality Monitoring Program established pursuant to this section
shall include intensive coastal water quality monitoring programs developed under this subsection.
"(2) DESIGNATION OF INTENSIVE MONITORING AREAS.—^Not

later than 24 months after the date of enactment of this title
and periodically thereafter, the Administrator and the Under
Secretary shall, based on recommendations by the National
Research Council, jointly designate coastal areas to be intensively monitored.
"(3) IDENTIFICATION OF SUITABLE COASTAL AREAS.—(A) The

Reports.

Administrator and the Under Secretary shall contract with
the National Research Council to conduct a study to identify
coastal areas suitable for the establishment of intensive coastal
monitoring programs. In identifying these coastal areas, the
National Research Council shall consider areas that—
"(i) are representatives of coastal ecosystems throughout the United States;
"(ii) will provide information to assess the status and
trends of coastal water quality nation-wide; and
"(iii) would benefit from intensive water quality monitoring because of local management needs.
"(B) In making recommendations under this paragraph,
the National Research Council shall consult with Regional
Research Boards established pursuant to title IV of this Act.
"(C) The National Research Council shall, within 18 months
of the date of enactment of this title, submit a report to the

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4297

Administrator and the Under Secretary listing areas suitable
for intensive monitoring.
**(D) The Administrator and the Under Secretary, in Massachusetts.
conjunction with other Federal, State, and local authorities, ^^^'^^•
shall develop and implement multi-year programs of intensive
monitoring tor Massachusetts and Cape Cod Bays, the Gulf
of Maine, the Chesapeake Bay, the Hudson-Raritan Estuary,
and each area jointly designated by the Administrator and
the Under Secretary pursuant to paragraph (2).
"(4) INTENSIVE COASTAL WATER QUALITY MONITORING PRO-

GRAMS.—Each intensive coastal water q[uality monitoring program developed pursuant to this subsection shall—
**(A) identify water quality conditions and problems
and provide information to assist in improving coastal
water quality;
"(B) clearly state the goals and objectives of the monitoring program and their relationship to the water quality
objectives for coastal waters covered by the program;
"(C) identify the water quality and biological parameters of the monitoring program and their relationship
to these goals and objectives;
"(D) describe the types of monitoring networks, surveys
and other activities to be used to achieve these goals and
objectives, using where appropriate the guidelines issued
under subsection (c);
"(E) survey existing Federal, State, and local coastal
monitoring activities and private compliance monitoring
activities in or on the coastal waters covered by the program, describe the relationship of the program to those
other monitoring activities, and integrate them, as appropriate, into the intensive monitoring program;
"(F) describe the data management and quality control
components of the program;
"(G) specify the implementation requirements for the
program, including—
"(i) the lead Federal, State, or regional authority
that will administer the program;
"(ii) the public and private parties that will implement the program;
"(iii) a detailed schedule for program implementation;
"(iv) all Federal and State responsibilities for
implementing the pro-am; and
"(v) the changes in Federal, State, and local monitoring programs necessary to implement the program;
"(H) estimate the costs to Federal and State governments, and other participants, of implementing the monitoring program; and
"(I) describe the methods to assess periodically the
success of the monitoring program in meeting its goals
and objectives, and the manner in which the program may
be mooified from time-to-time.
"(5) CRITERIA FOR MONITORING MASSACHUSETTS AND CAPE

COD BAYS.—In addition to the criteria listed in paragraph (4),
tiie intensive monitoring program for Massachusetts and Cape
Cod Bays shall establish baseline data on environmental
phenomena (such as quantity of bacteria and quality of indige-

106 STAT. 4298

PUBLIC LAW 102-567—OCT. 29, 1992
nous species, and swimmability) and determine the ecological
impacts resulting from major point source discharges.
"(6)

MEMORANDUM

OF

UNDERSTANDING.—Prior

to

implementing any intensive coastal water quality monitoring
program under this subsection, the Administrator and the
Under Secretary shall enter into a Memorandum of
Understanding to implement the intensive coastal water quality
monitoring programs and may extend the memorandum of
Understanding to include other appropriate Federal agencies.
The Memorandum of Understanding shall identify the monitoring and reporting responsibilities of each agency and shall
encourage the coordination of monitoring activities.
"(7) IMPLEMENTATION.—aining are present

106 STAT. 4306

PUBLIC LAW 102-567—OCT. 29, 1992

to operate the system, technical coordination with weather service
users has been completed, and the radar being commissioned satisfactorily supports field office operations. The decommissioning
report shall document that the replacement radar has been commissioned, technical coordination with service users has been completed, and the radar being decommissioned is no longer needed
to support field office operations.
(c) SURFACE OBSERVING SYSTEM COMMISSIONING.—The Secretary may not commission an automated surface observing system
located at an airport unless it is determined, in consultation with
the Secretary of Transportation, that the weather services provided
after commissioning will continue to be in full compliance with
applicable flight aviation rules promulgated by the Federal Aviation
Administration.
SEC. 706. RESTRUCTURING FIELD OFFICES.

Federal
Register,
publication.

Federal
Register,
publication.

SEC. 706. (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.

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4307

(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 inState 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.
(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.
SEC. 707. MODERNIZATION TRANSITION COMMITTEE.

(a) ESTABLISHMENT.—^There is established a committee of 12
members to be known as the Modernization Transition Committee.
(b) MEMBERSHIP AND TERMS.—(1) The Committee shall consist
of—
(A) five members representing agencies and departments
of the United States which are responsible for providing or
using weather services, including out not limited to the
National Weather Service, the Department of Defense, the Federal Aviation Administration, and the Federal Emergency
Management Agencv; and
(B) seven members to be appointed by the Secretary from
civil defense and public safety organizations, news media, any
labor organization certified by the Federal Labor Relations
Authority as an exclusive representative of weather service
employees, meteorological experts, and private sector users of
weather information such as pilots and farmers.
(2) The terms of office of a member of the Committee shall
be 3 years; except that, of the original membership, four shall
serve a 5-year term, four shall serve a 4-year term, and four
shall serve a 3-year term. No individual may serve for more than
one additional 3-year term.
(3) The Secretary shall designate a chairman of the Committee
from among its members.
(c) DUTIES.—(1) The Committee may review any proposed certification under section 706 for which the Secretery nas provided
a notice of intent to certify in the Plan, and should review such
a proposed certification if there is a significant possibility of degradation of service within the affected service area. Upon the
request of the Committee, the Secretary shall make available to

106 STAT. 4308

PUBLIC LAW 102-567—OCT. 29, 1992

the Committee the supporting documents developed by the Secretary in connection with the proposed certification. The Committee
may prepare and submit to the Secretary, prior to pubHcation
of the proposed certification, a report which evaluates the proposed
certification on the basis of the modernization criteria and with
respect to the requirement that there be no degradation of service.
(2) The Committee shall advise the Congress and the Secretary
on—
(A) the implementation of the Strategic Plan, annual development of the Plan, and establishment and implementation
of modernization criteria; and
(B) matters of public safety and the provision of weather
services which relate to the comprehensive modernization of
the National Weather Service.
(d) PAY AND TRAVEL EXPENSES.—Members of the Committee
who are not employees of the United States shall each be paid
at a rate equal to the daily equivalent of the rate for GS-18
of the General Schedule under section 5332 of title 5, United States
Code, for each day (including travel time) during which the member
is engaged in the actual performance of duties vested in the
Committee. Members shall receive travel expenses, including per
diem in lieu of subsistence, as authorized by section 5703 of title
5, United States Code.
(e) STAFF.—^The Secretary shall make available to the Committee such staff, information, and assistance as it may reasonably
require to carry out its activities.
(f) TERMINATION.—^The Committee shall terminate on December
31,1999.
SEC. 708. WEATHER SERVICE REPORT.

(a) REPORT.—^The Secretary shall prepare a report on the proposed modernization of the National Weather Service and transmit
the report, not later than 6 months afi^er the date of enactment
of this Act, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives.
(b) CONTENTS.—(1) The report required by subsection (a) shall
identify the size of the geographic area of responsibility of each
proposed Weather Forecast Ofiice and shall include an explanation
of the number and type of personnel required at each Weather
Forecast Office. For each proposed Weather Forecast Office covering
a geographic area greater than two times the average geographic
area of responsibility of Weather Forecast Offices nationwide, the
report shall detail the reasons for assigning those Weather Forecast
Offices a geographic area which differs significantly from the
national average.
(2) The report shall list the number of next generation weather
radars that will be associated with each Weather Forecast Office
nationwide under the proposed modernization plan. If some Weather
Forecast Offices will be associated with more than one such radar,
the report shall explain the deviation from the National Weather
Service's stated policy of associating one such radar with one
Weather Forecast Office, and shall analyze and compare any differences in the expected efficiency of those Weather Forecast Offices
with Weather Forecast Offices that will be associated with only
one such radar.

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4309

(c) CONSULTATION.—In preparing portions of the report that Alaska.
address Weather Forecast Offices located in areas of the Nation
that are uniquely dependent on general aviation as a means of
transportation, the Secretary shall consult with local aviation
groups. In the case of Alaska, such local groups shall include
the Alaska Aviation Safety Foundation, the Alaska Airmen's
Association, and the regional representatives of the Aircraft Owners
and Pilots Association.
SEC. 709. REPEALS.

The National Aeronautics andd SSpace
Administration Authorizapj
U.S.( 313 note), is amended by
tioni Act, Fiscal Year 1989 (15 U.S.C.
repealing(1) subsections (b), (c), and (d) of section 407; and
(2) section 408.
TITLE Vin—NORTH PACIFIC ANADROMOUS STOCKS
CONVENTION
SEC. 801. SHORT TITLE.

This title may be cited as the "North Pacific Anadromous Stocks
Act of 1992".
SEC. 802. PURPOSE.

North Pacific
Anadromous
Stocks Act of
1992.
16 u s e 5001
note.
16 u s e 5001.

It is the purpose of this title to implement the Convention
for the Conservation of Anadromous Stocks in the North Pacific
Ocean, signed in Moscow, February 11,1992.
SEC. 803. DEFINITIONS.

As used in this title, the term—
(1) "Anadromous stocks" means stocks of species listed
in the Annex to the Convention that migrate into the Convention area.
(2) "Anadromous fish" means fish of the species listed in
the Annex to the Convention that migrate into the Convention
area.
(3) "Authorized officer" means a law enforcement official
authorized to enforce this title under section 809(a).
(4) "Commission" means the North Pacific Anadromous
Fish Commission provided for by article VIII of the Convention.
(5) "Convention" means the Convention for the Conservation of Anadromous Stocks of the North Pacific Ocean, signed
in Moscow, February 11,1992.
(6) "Convention area" means the waters of the North Pacific
Ocean and its adjacent seas, north of 33 degrees North Latitude,
beyond 200 nautical miles from the baselines from which the
breadth of the territorial sea is measured.
(7) "Directed fishing" means fishing targeted at a particular
species or stock offish.
(8) "Ecologically related species" means living marine species which are associated with anadromous stocks found in
the Convention area, including, but not restricted to, both
predators and prey of anadromous fish.
(9) "Enforcement officer" means a law enforcement official
authorized by any Party to enforce this title.
(10) "Exclusive economic zone" means the zone established
by Proclamation Numbered 5030, dated March 10, 1983. For
purposes of appljdng this title, the inner boundary of that

16 u s e 5002.

106 STAT. 4310

PUBLIC LAW 102-567—OCT. 29, 1992
zone is a line coterminous with the seaward boundary of each
of the coasttd States.
(11) Tish" means finfish, moUusks, crustaceans, and all
other forms of marine animal and plant life other than marine
mammals and birds.
(12) "Fishing" means—
(A) the catching, taking, or harvesting of fish, or any
other activity that can reasonably be expected to result
in the catching, taking, or harvesting offish; or
(B) any operation at sea in preparation for or in direct
support of any activity described in subparagraph (A).
(13) "Fishing vessel" means—
(A) any vessel engaged in catching fish within the
Convention area or in processing or transporting fish loaded
in the Convention area;
(B) any vessel outfitted to engage in any activity
described in subparagraph (A);
(C) any vessel described in subparagraph (A) or (B).
(14) "Incidental taking" means catching, taking, or harvesting a species or stock of nsh while conducing directed fishing
for another species or stock offish.
(15) "Party" means Canada, Japan, the Russian Federation,
the United States, and any other nation that may accede to
the Convention.
(16) "Secretary" means the Secretary of State.
(17) "United States Section" means the United States
Commissioners of the Commission.

16 u s e 5003.

SEC. 804. UNITED STATES COMMISSIONERS.

(a) COMMISSIONERS.—The United States shall be represented
on the Commission by not more than three United States Commissioners to be appointed by and serve at the pleasure of the President. Each United States Commissioner shall be appointed for
a term of office not to exceed 4 years, but is eligible for reappointment. Of the Commissioners—
(1) one shall be an official of the United States Government;
(2) one shall be a resident of the State of Alaska; and
(3) one shall be a resident of the State of Washington.
An individual is not eligible for appointment under paragraph (2)
or (3) as a Commissioner imless the individual is knowledgeable
or experienced concerning the anadromous stocks and ecologically
related species of the North Pacific Ocean.
(b) ALTERNATE COMMISSIONERS.—The Secretary, in consultation
with the Secretary of Commerce, may designate from time to time
Alternate United States Commissioners to the Commission. An
Alternate United Stetes Commissioner may exercise all designated
powers and duties of a United Stetes Commissioner in the absence
of a duly designated Commissioner for whatever reason. The nimiber of such Alternate United Stetes Commissioners that may be
designated for any such meeting shall be limited to the number
of authorized United Stetes Commissioners that will not be present.
(c) UNITED STATES SECTION.—The United Stetes Section, in
consultetion vath the Advisory Panel esteblished in section 805,
shall identify and recommend to the Commission research needs
and priorities for anadromous stocks and ecologically related species
subject to the Convention, and oversee the United Stetes research
programs involving suchfisheries,stocks, and species.

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4311

(d) COMPENSATION.—^United States Commissioners and Alternate United States Commissioners shall receive no compensation
for their services as Commissioners and Alternate Commissioners.
SEC. 805. ADVISORY PANEL.
16 USC 5004.
(a) ESTABUSHMENT OF PANEL.—An Advisory Panel to the
United States Section is established. The Advisory Panel shall
be composed of the following:
(1) The Commissioner of the Alaska Department of Fish
and Game.
(2) The Director of the Washington Department of
Fisheries.
(3) One representative of the Pacific States Marine Fisheries Commission, designated by the Executive Director of that
commission.
(4) Eleven members (six of whom shall be residents of
the State of Alaska and five of whom shall be residents of
the State of Washington), appointed by the Secretary, in consultation with the Secretary of Commerce, from among a slate
of 12 persons nominated by the Governor of Alaska and a
slate of 10 persons nominated by the Governor of Washington.
(b) QUALIFICATIONS.—^Persons appointed to the Advisory Panel
shall be individuals who are knowleageable or experienced concerning anadromous stocks and ecologicallv related species. In submitting a slate of nominees pursuant to subsection (a)(4), the Grovemors
of Alaska and Washington shall seek to represent the broad range
of parties interested in anadromous stocks and ecologically related
species, and at a minimum shall include on each slate at least
one representative of commercial salmon fishing interests and of
environmental interests concerned with protection of living marine
resources.
(c) LIMITATION ON SERVICE.—Any person appointed to the
Advisory Panel pursuant to subsection (aX4) shall serve for a term
not to exceed 4 years, and may not serve more than two consecutive
terms.
(d) FUNCTIONS.—The Advisoi^ Panel shall be invited to all
nonexecutive meetings of the United States Section and at such
meetings shall be granted the opportimity to examine and to be
heard on all proposed programs of study and investigation, reports,
and recommendations of the United States Section.
(e) COMPENSATION AND EXPENSES.—The members of the
Advisory Panel shall receive no compensation or travel expenses
for their services as such members.
SEC. 806. COMMISSION RECOMMENDATIONS.

16 USC 5005.

The Secretary, with the concurrence of the Secretary of Commerce, may accept or reject, on behalf of the United States, recommendations made by the Commission in accordance with article
DC of the Convention.
SEC. 807. ADMINISTRATION AND ENFORCEMENT OF CONVENTION.

(a) RESPONSIBILITIES.—^The Secretary of Commerce shall be
responsible for administering provisions of the Convention, this
title, and regulations issued under this title. The Secretary, in
consultation with the Secretary of Commerce and the Secretary
of Transportation, shall be responsible for coordinating the participation 01 the United States in the Commission.

59-194 O—93

22:QL3(Pt. 5)

16 USC 5006.

106 STAT. 4312

Regulations.

16 u s e 5007.

PUBLIC LAW 102-567—OCT. 29, 1992

(b) CONSULTATION AND COOPERATION.—In carrying out such
functions, the Secretary of Commerce—
(1) shall, in consultation with the Secretary of Transportation and the United States Section, issue such regulations
as may be necessary to cany out the purposes and objectives
of the Convention and this title; and
(2) may, with the concurrence of the Secretanr, cooperate
with the authorized officials of tiie government of any Party.
SEC. 808. COOPERATION WITH OTHER AGENCIES.

(a) IN GENERAL.—^Any agency of the Federal Government is
authorized, upon request of the Commission, to cooperate in the
conduct of scientific and other programs, and to furnish, on a
reimbursable basis, facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the Convention.
Such agency may accept reimbursement from the Commission.
(b) FUNCTIONS OF SECRETARY OF COMMERCE.—In carrying out
the provisions of the Convention and this title, the Secretary of
Commerce may arrange for cooperation with agencies of the United
States, the States, private institutions and organizations, and agencies of the government of any Party, to conduct scientific and
other programs, and may execute such memoranda as may be
necessary to reflect such agreements.
16 u s e 5008.

. ,.

SEC. 809. E N F O R C E M E N T PROVISIONS.
(a) DUTIES OF SECRETARIES OF COMMERCE AND TRANSPOR-

TATION.—^This title shall be enforced by the Secretary of Commerce
and the Secretary of Transportation. Such Secretaries may by agreement utilize, on a reimbursable basis or otherwise, the personnel,
services, equipment (including aircraft and vessels), and facilities
of any other Federal agency, including all elements of the Department of Defense, and of any State agencv, in the peiformance
of such duties. Such Secretaries shall, and the head of any Federal
or State agency that has entered into an agreement with either
such Secretary under the preceding sentence may (if the agreement
so provides), authorize officers to enforce the provisions of the
Convention, this title, and regulations issued under, this title. Any
such agreement or contract entered into pursuant to this section
shall be effective only to such extent or m such amounts as are
provided in advance in appropriations Acts.
(b) DISTRICT COURT JURISDICTION.—The district courts of the
United States shall have exclusive jurisdiction over any case or
controversy arising under the provisions of this title.
(c) POWERS OF ENFORCEMENT OFFICERS.—Authorized officers
i3iay> shoreward of the outer boundary of the exclusive economic
zone, or durinj^ hot pursuit from the zone—
(1) with or without a warrant or other process—
(A) arrest any person, if the officer has reasonable
cause to believe that such person has committed an act
prohibited by section 810;
(B) board, and search or inspect, any fishing vessel
subject to the provisions of the Convention and tlus title;
(C) seize £uiy fishing vessel (together with its fishing
gear, fUmiture, appurtenances, stores, and cargo) used or
employed in, or witn respect to which it reasonably appears
that such vessel was used or employed in, the violation
of any provision of the Convention, this title, or regulations
issued under this title;

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4313

(D) seize any fish (wherever found) taken or retained
in violation of any provision referred to in subparagraph
(C);
(E) seize any other evidence related to any violation
of any provision referred to in subparagraph (C);
(2) execute any warrant or other process issued by any
court of competent jurisdiction; and
(3) exercise any other lawful authority.
(d) ADDITIONAL POWERS.—(1) An authorized officer may in the

Convention area—
(A) board a vessel of any Party that reasonably can be
believed to be engaged in directed fishing for, incidental taking
of, or processing of anadromous fish, and, without warrant
or process, inspect equipment, logs, documents, catch, and other
articles, and question persons, on board the vessel, for the
purpose of carrying out the provisions of the Convention, this
title, or any regulation issued under this title; and
(B) If any such vessel or person on board is actually
engaged in operations in violation of any such provision, or
there is reasonable ground to believe any person or vessel
was obviously so engaged before the boarding of such vessel
by the authorized officer, arrest or seize such person or vessel
and further investigate the circumstance if necessary.
If an authorized officer, after boarding and investigation, has
reasonable cause to believe that any such fishing vessel or person
engaged in operations in violation of any provision referred to
in subparagraph (A), the officer shall deliver the vessel or person
as promptly as practicable to the enforcement officers of the appropriate Party, in accordance with the provisions of the Convention.
(2) When requested by the appropriate authorities of a Party,
an authorized officer may be directed to attend as a witness, and
to produce such available records and files or duly certified copies
thereof as may be necessary, for the prosecution by that Party
of any violation of the provisions of the Convention or any law
of that Party relating to the enforcement thereof.
SEC. 810. UNLAWFUL ACTIVmES.

It is unlawful for any person or fishing vessel subject to the
jurisdiction of the United States—
(1) to fish for any anadromous fish in the Convention
area;
(2) to retain on board any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area;
(3) to fail to return immediately to the sea any anadromous
fish taken incidentally in a fishery directed at nonanadromous
fish in the Convention area;
(4) to ship, transport, offer for sale, sell, purchase, import,
export, or have custody, control, or possession of, any anadromous fish taken or retained in violation of the Convention,
this title, or any regulation issued under this title;
(5) to refuse to permit any enforcement officer to board
a fishing vessel subject to such person's control for piirposes
of conducting any search or inspection in connection with the
enforcement of the Convention, this title, or any regulation
issued under this title;

16 USC 5009.

106 STAT. 4314

PUBLIC LAW 102-567—OCT. 29, 1992
(6) to forcibly assault, resist, oppose, impede, intimidate,
or interfere with any enforcement officer in the conduct of
any search or inspection described in paragraph (5);
(7) to resist a lawful arrest or detection for any act prohibited by this section;
(8) to interfere with, delay, or prevent, by any means,
the apprehension, arrest, or detection of another person, knowing tnat such person has committed any act prohibited by
this section; or
(9) to violate any provision of the Convention, this title,
or any regulation issued under this title.

16 u s e 5010.

SEC. 811. PENALTIES.
(a) CIVIL PENALTIES.—(1) Any person who is foimd by the

Secretary of Commerce, after notice and opportimity for a hearing
in accordance with section 554 of title 5, United States Code,
to have committed an act prohibited by section 810 shall be liable
to the United States for a civil penalty. The amount of the civil
penalty shall not exceed $100,000 for each violation. Each day
of a continuing violation shall constitute a separate offense. The
amount of such civil penalty shall be assessed by the Secretary
of Commerce, or the Secretary's designee, by written notice. In
determining the amount of such penalty, the Secretary of Commerce
shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violation, the degree of culpability, any history of prior offenses, ability
to pay, and such other matters as justice may require.
(2) Any person against whom a civil penalty is assessed under
paragraph (1) may obtain review thereof in the appropriate court
of the United States by filing a complaint in sucn court within
30 days from the date of such order and by simultaneously serving
a copy of such complaint by certified mail on the Secretary of
Commerce, the Attorney General, and the appropriate United States
Attorney. The Secretary of Commerce shall promptly file in such
court a certified copy of the record upon which such violation
was found or such penalty imposed, as provided in section 2112
of title 28, United States Code. The findings and order of the
Secretary of Commerce shall be set aside by such court if they
are not foimd to be supported by substantial evidence, as provided
in section 706(2) of title 5, United States Code.
(3) If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order, or after the
appropriate court has entered final judgment in favor of the Secretary of Commerce, the matter shall be referred to the Attorney
Greneral, who shall recover the amount assessed in any appropriate
district court of the United States. In such action, the validity
and appropriateness of the final order imposing the civil penalty
shall not be subject to review.
(4) A fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act
prohibited by section 810 shall be liable in rem for any civil penalty
assessed for such violation under paragraph (1) and may oe proceeded against in any district court of the United States having
jurisdiction thereof. Such penalty shall constitute a maritime lien
on such vessel that may be recovered in an action in rem in
the district court of the United States having jurisdiction over
the vessel.

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4315

(5) The Secretary of Commerce may compromise, modify, or
remit, with or without conditions, any civil penalty that is subject
to imposition or that has been imposed under this section.
(6) For the purposes of conducting any hearing iinder this
section, the Secretary of Commerce may issue subpoenas for the
attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths.
Witnesses simimoned shall be paid the same fees and mileage
that are paid to witnesses in the courts of the United States.
In case oi contempt or refusal to obey a subpoena served upon
any person pursuant to this paragraph, the district court of the
United States for any district in which such person is found, resides,
or transacts business, upon application by the United States and
after notice to such person, snail have jurisdiction to issue an
order requiring such person to appear and give testimony before
the Secretary of Commerce or to appear and produce documents
before the Secretary of Commerce, or both, and any failure to
obey such order of the court may be punished by such court as
a contempt thereof.
(b) OFFENSES.—(1) A person is guilty of an offense if the person
commits any act prohibited by section 810 (5), (6), (7), or (8).
(2) Any offense described in paragraph (1) is a class A misdemeanor punishable by a fine under title 18, United States code,
or imprisonment for not more than 6 months, or both; except
that if in the commission of any ofTense the person uses a dangeroiis
weapon, engages in conduct that causes bodily injury to any enforcement officer, or places any such officer in fear of imminent bodily
injury, the offense is a felony punishable by a fine under title
18, United States Code, or imprisonment for not more than 10
years, or both.
(c) FORFEITURE.—(1) Any fishing vessel (including its fishing
gear, furniture, appurtenances, stores, and cargo) used, and any
nsh (or a fair market value thereoO taken or retained, in any
manner, in connection with or as a result of the commission of
any act prohibited by section 810 shall be subject to forfeiture
to the United States. All or part of such vessel may, and all
such fish shall, be forfeited to the United States pursuant to a
civil proceeding under this section.
(2) Any district court of the United States shall have jurisdiction, upon application of the Attorney General on behalf of the
United States, to order any forfeiture authorized xmder paragraph
(1) and any action provided for under paragraph (4).
(3) if a judgment is entered for the United States in a civil
forfeiture proceeding under this section, the Attorney General may
seize any property or other interest declared forfeited to the United
States, which has not previously been seized pursuant to this title
or for which security has not previously been obtained. The provisions of the customs laws relating to—
(A) the seizure, forfeiture, and condemnation of property
for violation of the customs law;
(B) the disposition of such property or the proceeds from
the sale thereof; and
(C) the remission or mitigation of any such forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to have
been incurred, under the provisions of this title, imless such provisions are inconsistent with the purposes, policy, and provisions
of this title.

106 STAT. 4316

PUBLIC LAW 102-567—CKT. 29, 1992

(4XA) Any officer authorized to serve any process in rem that
is issued by a coiirt having jurisdiction under section 809(b) shall—
(i) stay the execution of such process; or
(ii) discharge any fish seized pursuant to such process;
upon receipt of a satisfactory bond or other security from any
person claiming such property. Such bond or other security shall
be conditioned upon such person delivering such property to the
appropriate court upon order thereof, without any impairment of
its value, or paying the monetary value of such property pursuant
to an order of such court. Judgment shall be recoverable on such
bond or other security against both the principal and any sureties
in the event that any condition thereof is breached, as determined
by such court.
(B) Any fish seized pursuant to this title may be sold, subject
to the approval and direction of the appropriate court, for not
less than the fair market value thereof. Tne proceeds of any such
sale shall be deposited with such court pending the disposition
of the matter involved.
(5) For purposes of this section, it shall be a rebuttable
presimiption that all fish found on board a fishing vessel and
which IS seized in connection with an act prohibited by section
810 were taken or retained in violation of the Convention and
this title.
16USC5011.

SEC. 812. FUNDING REQUIREMENTS.

(a) AUTHORIZATION.—^There are authorized to be appropriated
from time to time such sums as may be necessary for canying
out the piuposes and provisions of the Convention and this title,
including—
(1) necessary travel expenses of the United States Commissioners or Alternate Commissioners; and
(2) the United States' share of the joint expenses of the
Commission.
(b) RESEARCH.—Such funds as shall be made available to the
Secretary of Commerce for research and related activities shall
be expended to carry out the program of the Commission in accordance with the recommendations of the United States Section and
to carry out other research and observer programs pursuant to
the Convention.
16 u s e 5012.

SEC. 813. DISPOSITION OF PROPERTY.

The Secretary shall dispose of any United States property held
by the International North Pacific Fisheries Commission on the
date of its termination in a manner that would further the purposes
of this title.
SEC. 814. REPEAL OF THE NORTH PACIFIC FISHERIES ACT OF 1954.

The Act of August 12, 1954 (16 U.S.C. 1021-1035) is repealed.
TITLE IX—NEW ENGLAND GROUNDFISH
SEC. 901. FISHERY ENFORCEMENT.

Section 311 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1861) is amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting immediately after subsection (e) the following new subsection:

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4317

"(f) ENFORCEMENT OF NORTHEAST MULTISPECIES FISHERY
MANAGEMENT PLAN.—
"(1) ENFORCEMENT AGREEMENTS.—Beginning not later than

October 1, 1993, the Secretary shall, if requested by the Grovemor of a State represented on the New England Fishery
Management Council, enter into an agreement under subsection
(a), with each of the States represented on such Council, that
authorizes the marine law enforcement agency of such Stete
to perform duties of the Secretory relating to enforcement of
the Northeast Multispecies Fishery Management Plan.
"(2) REIMBURSEMENT.—^An agreement with a Stete under
this subsection shall provide, subject to the availability of appropriations, for reimbursement of the State for expenses incurred
in detection and prosecution of violations of any fishery management plan approved by the Secretary.

/
/

"(3) COAST GUARD ENFORCEMENT WORKING GROUP.—
"(A) ESTABLISHMENT.—The Commander of the First

Coast Guard District shall esteblish an informal fisheries
enforcement working group to improve the overall compliance with and effectiveness of the regulations issued under
the Northeast Multispecies Fishery Management Plan.
"(B) MEMBERSHIP.—^The working group shall consist
of members selected by the Commander, and shall
include—
"(i) individuals who are representetives of various
fishing porte located in the Stetes represented on the
New England Fishery Management Council;
"(ii) capteins of fishing vessels that operate in
waters imder the jurisdiction of that Council; and
"(iii) other individuals the Commander considers
appropriate.

/

"(C) NON-FEDERAL STATUS OF WORKING GROUP MEM-

BERS.—^An individual shall not receive any compensation
for, and shall not be considered to be a Federal employee
based on, membership in the working group.
"(D) MEETINCTS.—^The working group shall meet, at
the call of the Commander, at least 4 times each year.
The meetings shall be held at various msgor fishing ports
in Stetes represented on the New England Fishery Management Council, as specified by the Commander.
"(4) U S E OF FINES AND PENALTIES.—Amounts available to
the Secretory under this Act which are attributeble to fines
and penalties imposed for violations of the Northeast
Multispecies Fishery Management Plan shall be used by the
Secretary pursuant to this section to enforce that Plan.".
SEC. 902. FISHERIES REINVESTMENT PROGRAM.

(a) PROGRAM.—^Title III of the Magnuson Fishery Conservation
£md Management Act (16 U.S.C. 1851 et seq.) is amended by adding
at the end the following:
'^EC. 314. NORTHWEST ATLANTIC OCEAN FISHERIES REINVESTMENT
PROGRAM.

"(a) PROGRAM.—<1) Not later than October 1, 1993, the Secretory shall estobUsh a Northwest Atlantic Ocean Fisheries
Reinvestment Program for the purposes of—

16 USC 1863.

106 STAT. 4318

Contracts.
Grants.

PUBLIC LAW 102-567—OCT. 29, 1992

"(A) promoting development of commercial fisheries £Lnd
markets for underutilized species of the northwest Atlantic
Ocean;
"(B) developing alternative fishing opportunities for participants in the New England groundfish fisnery;
"(C) providing technical support and assistance to United
States fishermen and fish processors to improve the valueadded processing of underutilized species and to make participation in fisheries for underutilized species of the northwest
Atlantic Ocean economically viable;
"(D) creating new economic opportunities through the
improved processing and expanded use offish waste; and
"(E) helping to restore overfished New England groundfish
stocks through aquaculture or hatchery programs.
"(2) CONSULTATION.—In establishing and implementing the
Northwest Fisheries Reinvestment Program, the Secretary shall
consult with representatives of the commercial fishing industry,
the seafood processing industry, and the academic community
(including the National Sea Grant Program).
"(3) ACTIVITIES UNDER PROGRAM.—Subiect to the availability
of appropriations, the Secretary shall award contracts, grants and
other financial assistance to United States citizens to carry out
the purposes of subsection (1), under the terms and conditions
provided in section 2(c) of the Act of August 11, 1939 (15 U.S.C.
713c-3(c); commonly referred to as the "Saltonstall-Kennedy Act"),
except that, in making awards under this section for projects involving participation in fisheries for imderutilized species, the Secretary
shall give the highest priority to a person who owns or operates
a fishing vessel permitted under this Act to participate in the
New England groundfish fishery who agrees to surrender that
permit to the Secretary during the duration of the contract, grant
or other assistance.
"(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $5,000,000 for each of fiscal years 1993 through
1997 to carry out the purposes of this section. For fiscal year
1993 no more than $1,000,000, and for fiscal year 1994 no more
than $2,000,000, of such funds may be provided from monies made
available under section 2(b) of the Act of August 11, 1939 (15
U.S.C. 713c-3(b)).
"(b) ASSISTANCE OF OTHER AGENCIES.—The Secretary shall
actively seek the assistance of other Federal agencies in the development of fisheries for underutilized species of the northwest Atlantic
Ocean, including, to the extent permitted by other applicable laws,
assistance from the Secretary of Agriculture in including such
underutilized species as agricultural commodities in the programs
of the Foreign Agricultural Service for which amounts are authorized under the Food, Agriculture, Conservation, and Trade Act
of 1990 (PubHc Law 101-624; 104 Stat. 3359).
"(c) MANAGEMENT PLANS FOR UNDERUTILIZED SPECIES.—The

New England Fishery Management Council, in consultation with
other appropriate Councils, shall develop fishery management plans
as soon as possible for any underutilized species of the northwest
Atlantic Ocean that is not covered under such a plan, in order
to prevent overfishing of that species.
"(d) UNDERUTILIZED SPECIES DEFINED.—For purposes of this
section, the term 'underutilized species of the northwest Atlantic
Ocean' means any fish species of the northwest Atlantic Ocean

PUBLIC LAW 102-567—OCT. 29, 1992

106 STAT. 4319

that is identified, by the Director of the Northeast Fisheries Center
of the National Marine Fisheries Service, as an iinderutilized
species.".
(b) CONFORMING AMENDMENT.—The table of contents in the
first section of the Magnuson Fishery Conservation and Management Act is amended by inserting immediately after the item relating to section 313 the following new item:
"Sec. 314. Northwest Atlantic Oceans Fisheries Reinvestment Program.".

(c) AMENDMENTS TO THE SALTONSTALL-KENNEDY ACT.—Section

2(bXlXA) of the Act of August 11, 1939 (15 U.S.C. 713c-3(bXlXA));
commonly referred to as the "Saltonstall-Kennedy Act"), is
amended—
(1) by striking "and" at the end of clause (i); and
(2) by adding at the end the following new clause:
(iii) to implement the Northwest Atlantic Ocean Fisheries Reinvestment Program established under section 314
of the Magnuson Fishery Conservation and Management
Act.".
Approved October 29, 1992.

L E G I S L A T I V E H I S T O R Y — H . R . 2130 (S. 1405):

HOUSE REPORTS: No. 102-133, Pt. 1 (Comm. on Merchant Marine and Fisheries)
and Pt. 2 (Comm. on Ways and Means).
S E N A T E REPORTS: No. 102-198 accompanying S. 1405 (Comm. on Commerce,
Science and Transportation).
C O N G R E S S I O N A L RECORD:

Vol. 137 (1991): Nov. 20, considered and passed House.
Vol. 138 (1992): Aug. 12, considered and passed Senate, amended, in lieu of
S. 1405.
Oct. 5, House concurred in Senate amendment with an
amendment.
Oct. 7, Senate concurred in House amendment.
WEEKLY C O M P I L A T I O N OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992):
Oct. 28, Presidential statement.