US (United States) Code. Title 32. Chapter 17: National Ocean Survey

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters

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33 USC CHAPTER 17 - NATIONAL OCEAN SURVEY 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

-HEAD-

CHAPTER 17 - NATIONAL OCEAN SURVEY

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

851 to 852b. Repealed or Omitted.

853. Power to settle claims.

853a to 853o. Repealed.

853o-1. Credit of service as deck officer or junior engineer

and certain other active service for retirement and

retirement pay.

853p to 854. Repealed.

854a. Service credit as deck officer or junior engineer for

promotion purposes.

854a-1. Temporary appointment or advancement of commissioned

officers in time of war or national emergency.

854a-2. Pay and allowances; date of acceptance of promotion.

854b to 857-12. Repealed.

857-13. National Advisory Committee on Oceans and Atmosphere.

857-14. Membership.

(a) Appointment and qualifications.

(b) Terms.

(c) Chairman.

(d) Duties.

857-15. Reports.

(a) In general.

(b) Review by Secretary.

(c) Annual report submittal.

857-16. Compensation and travel expenses.

857-17. Interagency cooperation and assistance.

(a) Liaison.

(b) Agency assistance.

(c) Administrative assistance.

857-18. Authorization of appropriations.

857-19. Biennial report.

857-20. Coordination.

857a to 872. Repealed or Omitted.

873. Extra compensation for instrument observers, recorders

and other Federal employees for oceanographic,

seismographic and magnetic observations.

874. Repealed.

875. Powers of officers as notaries.

876. Fees for notarial acts; prima facie evidence of

authority.

877. Appropriations; advances from.

878. Appropriations; purchases from.

SUBCHAPTER II - SURVEYS

881 to 883. Repealed.

883a. Surveys and other activities.

883b. Dissemination of data; further activities.

883c. Geomagnetic data; collection, correlation, and

dissemination.

883d. Improvement of methods, instruments, and equipments;

investigations and research.

883e. Agreements for surveys and investigations;

contribution of costs incurred by National Oceanic

and Atmospheric Administration.

883f. Contracts with qualified organizations.

883g. Repealed.

883h. Employment of public vessels.

883i. Authorization of appropriations.

883j. Ocean satellite data.

883k. Acquisition of land for facilities.

884. Power to use books, maps, etc., and to employ persons.

885 to 890. Repealed or Omitted.

SUBCHAPTER III - NOAA FLEET MODERNIZATION

891. Definitions.

891a. Fleet replacement and modernization program.

891b. Fleet replacement and modernization Plan.

(a) In general.

(b) Timing.

(c) Plan elements.

(d) Contracting limitation.

891c. Design of NOAA vessels.

(a) Design requirement.

(b) Exception.

891d. Contract authority.

(a) Multiyear contracts.

(b) Service contracts.

(c) Bonding authority.

891e. Restriction with respect to certain shipyard

subsidies.

(a) In general.

(b) "Significant subsidy" defined.

891f. Use of vessels.

(a) Vessel agreements.

(b) Report to Congress.

891g. Interoperability.

891h. Authorization of appropriations.

(a) In general.

(b) Limitation on fleet modernization activities.

SUBCHAPTER IV - NOAA HYDROGRAPHIC SERVICES

892. Definitions.

892a. Functions of the Administrator.

(a) Responsibilities.

(b) Authorities.

(c) Conservation and management of coastal and

ocean resources.

892b. Quality assurance program.

(a) Definition.

(b) Program.

(c) Limitation on liability.

(d) Hydrographic Services Account.

(e) Limitation on new fees and increases in

existing fees for hydrographic services.

892c. Hydrographic Services Review Panel.

(a) Establishment.

(b) Duties.

(c) Membership.

(d) Compensation.

(e) Meetings.

(f) Powers.

892d. Authorization of appropriations.

-End-

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33 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

33 USC Sec. 851 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 851. Omitted

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CODIFICATION

Section, Pub. L. 105-277, div. A, Sec. 101(b) [title II], Oct.

21, 1998, 105 Stat. 2681-50, 2681-83, which authorized in the

National Oceanic and Atmospheric Administration 250 commissioned

officers on the active list as of September 30, 1999, was from

title II of the Departments of Commerce, Justice, and State, the

Judiciary, and Related Agencies Appropriations Act, 1999, and was

not repeated in subsequent appropriation acts.

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 105-119, title II, Nov. 26, 1997, 111 Stat. 2477.

Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II], Sept.

30, 1996, 110 Stat. 3009, 3009-37.

Pub. L. 104-134, title I, Sec. 101[(a)] [title II], Apr. 26,

1996, 110 Stat. 1321, 1321-27; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103-317, title II, Aug. 26, 1994, 108 Stat. 1741.

Pub. L. 103-121, title II, Oct. 27, 1993, 107 Stat. 1170.

Pub. L. 102-395, title II, Oct. 6, 1992, 106 Stat. 1849.

Pub. L. 102-140, title II, Oct. 28, 1991, 105 Stat. 799.

Pub. L. 101-515, title I, Nov. 5, 1990, 104 Stat. 2104.

Pub. L. 101-162, title I, Nov. 21, 1989, 103 Stat. 992.

Pub. L. 100-459, title I, Oct. 1, 1988, 102 Stat. 2190.

Pub. L. 100-202, Sec. 101(a) [title I], Dec. 22, 1987, 101 Stat.

1329, 1329-4.

Pub. L. 99-500, Sec. 101(b) [title I], Oct. 18, 1986, 100 Stat.

1783-39, 1783-42, and Pub. L. 99-591, Sec. 101(b) [title I], Oct.

30, 1986, 100 Stat. 3341-39, 3341-42.

Pub. L. 99-180, title I, Dec. 13, 1985, 99 Stat. 1138.

Pub. L. 98-411, title I, Aug. 30, 1984, 98 Stat. 1548.

Pub. L. 98-166, title I, Sec. 101, Nov. 28, 1983, 97 Stat. 1074.

Pub. L. 97-377, title I, Sec. 101(d), Dec. 21, 1982, 96 Stat.

1867, 1869.

Pub. L. 97-92, Sec. 101(h) [incorporating H.R. 7584, title III,

for FY 1981], Dec. 15, 1981, 95 Stat. 1190.

Pub. L. 96-536, Sec. 101o, [H.R. 7584, title III], Dec. 16, 1980,

94 Stat. 3169.

Pub. L. 96-68, title III, Sept. 24, 1979, 93 Stat. 424.

Pub. L. 95-431, title III, Oct. 10, 1978, 92 Stat. 1033.

Pub. L. 95-86, title III, Aug. 2, 1977, 91 Stat. 431.

Pub. L. 94-362, title III, July 14, 1976, 90 Stat. 949.

Pub. L. 94-121, title III, Oct. 21, 1975, 89 Stat. 625.

Pub. L. 93-433, title III, Oct. 5, 1974, 88 Stat. 1197.

Pub. L. 93-162, title III, Nov. 27, 1973, 87 Stat. 647.

Pub. L. 92-544, title III, Oct. 25, 1972, 86 Stat. 1121.

Pub. L. 92-77, title III, Aug. 10, 1971, 85 Stat. 257.

Pub. L. 91-472, title III, Oct. 21, 1970, 84 Stat. 1051.

Pub. L. 91-153, title III, Dec. 24, 1969, 83 Stat. 414.

Pub. L. 90-470, title III, Aug. 9, 1968, 82 Stat. 679.

Pub. L. 90-133, title III, Nov. 8, 1967, 81 Stat. 422.

Pub. L. 89-797, title III, Nov. 8, 1966, 80 Stat. 1491.

Pub. L. 89-164, title III, Sept. 2, 1965, 79 Stat. 631.

Pub. L. 88-527, title III, Aug. 31, 1964, 78 Stat. 722.

Pub. L. 88-245, title III, Dec. 30, 1963, 77 Stat. 787.

Pub. L. 87-843, title III, Oct. 18, 1962, 76 Stat. 1091.

Pub. L. 87-125, title II, Aug. 3, 1961, 75 Stat. 271.

Pub. L. 86-451, title I, May 13, 1960, 74 Stat. 94.

Pub. L. 86-88, title I, July 13, 1959, 73 Stat. 202.

Pub. L. 85-469, title I, June 25, 1958, 72 Stat. 229.

Pub. L. 85-52, title I, June 13, 1957, 71 Stat. 72.

June 20, 1956, ch. 415, title I, 70 Stat. 316.

June 30, 1955, ch. 253, title I, 69 Stat. 228.

July 2, 1954, ch. 456, title III, 68 Stat. 424.

Aug. 5, 1953, ch. 328, title III, 67 Stat. 378.

July 10, 1952, ch. 651, title III, 66 Stat. 564.

Oct. 22, 1951, ch. 533, title III, 65 Stat. 590.

Sept. 6, 1950, ch. 896, Ch. III, title III, 64 Stat. 624.

July 20, 1949, ch. 354, title III, 63 Stat. 466.

June 3, 1948, ch. 400, title III, 62 Stat. 325.

July 9, 1947, ch. 211, title III, 61 Stat. 298.

July 5, 1946, ch. 541, title III, 60 Stat. 470.

May 21, 1945, ch. 129, title III, 59 Stat. 191.

June 28, 1944, ch. 294, title III, 58 Stat. 420.

July 1, 1943, ch. 182, title III, 57 Stat. 296.

July 2, 1942, ch. 472, title III, 56 Stat. 495.

June 28, 1941, ch. 258, title II, 55 Stat. 283.

May 14, 1940, ch. 189, title II, 54 Stat. 198.

June 29, 1939, ch. 248, title III, 53 Stat. 916.

Apr. 27, 1938, ch. 180, title III, 52 Stat. 281.

June 16, 1937, ch. 359, title III, 50 Stat. 294.

May 15, 1936, ch. 405, 49 Stat. 1341.

Mar. 22, 1935, ch. 39, 49 Stat. 96.

Feb. 27, 1925, ch. 364, title III, 43 Stat. 1046.

-TRANS-

TRANSFER OF FUNCTIONS

Coast and Geodetic Survey consolidated with Weather Bureau to

form a new agency in Department of Commerce to be known as

Environmental Science Services Administration, and offices of

Director and Deputy Director of Coast and Geodetic Survey

abolished, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30

F.R. 8819, 79 Stat. 1318, set out below. The Reorg. Plan also

transferred to Secretary of Commerce all functions of Coast and

Geodetic Survey and of its Director.

Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84

Stat. 2090, set out in the Appendix to Title 5, Government

Organization and Employees, abolished Environmental Science

Services Administration, including offices of Administrator and

Deputy Administrator, and established National Oceanic and

Atmospheric Administration within Department of Commerce. By

Department Organization Order 25-5A, republished 39 F.R. 27486,

July 29, 1974, Secretary of Commerce delegated to National Oceanic

and Atmospheric Administration a number of functions vested in him,

including his functions under this chapter of the Code. By order of

Acting Associate Administrator, 35 F.R. 19249, Dec. 19, 1970, the

following organizational names appearing in chapter IX of subtitle

B of Title 15, Code of Federal Regulations, relating to the

Administration, were changed: Environmental Science Services

Administration to National Oceanic and Atmospheric Administration

(ESSA to NOAA); Coast and Geodetic Survey to National Ocean Survey,

and Weather Bureau to National Weather Service.

The functions of all officers of Department of Commerce and all

functions of all officers and employees of such Department, were,

with a few exceptions, transferred to Secretary of Commerce, with

power vested in him to authorize their performance or the

performance of any of his functions by any of such officers,

agencies, and employees, by Reorg. Plan No. 5 of 1950, Secs. 1, 2,

eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the

Appendix to Title 5, Government Organization and Employees. The

Coast and Geodetic Survey was an agency within the Department of

Commerce.

-MISC1-

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-372, title I, Sec. 101(a), Dec. 19, 2002, 116 Stat.

3079, provided that: "This title [amending sections 892 to 892d of

this title] may be cited as the 'Hydrographic Services Improvement

Act Amendments of 2002'."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-384, title III, Sec. 301, Nov. 13, 1998, 112 Stat.

3454, provided that: "This title [enacting subchapter IV of this

chapter and amending sections 853a and 853u of this title] may be

cited as the 'Hydrographic Services Improvement Act of 1998'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-567, title VI, Sec. 601, Oct. 29, 1992, 106 Stat.

4299, provided that: "This title [enacting subchapter III of this

chapter] may be cited as the 'NOAA Fleet Modernization Act'."

SHORT TITLE

Pub. L. 95-63, Sec. 1, July 5, 1977, 91 Stat. 265, provided:

"That this Act [enacting sections 857-13 to 857-18 of this title,

repealing sections 857-6 to 857-12 of this title, and enacting

provisions set out as a note under section 857-13 of this title]

may be cited as the 'National Advisory Committee on Oceans and

Atmosphere Act of 1977'."

REORGANIZATION PLAN NO. 2 OF 1965

EFF. JULY 13, 1965, 30 F.R. 8819, 79 STAT. 1318, AS AMENDED PUB. L.

90-83, SEC. 10(C), SEPT. 11, 1967, 81 STAT. 224

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, May 13, 1965,

pursuant to the provisions of the Reorganization Act of 1949, 63

Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, DEPARTMENT OF

COMMERCE

SECTION 1. TRANSFER OF FUNCTIONS

All functions vested by law in the Weather Bureau, the Chief of

the Weather Bureau, the Coast and Geodetic Survey, the Director of

the Coast and Geodetic Survey, and any officer, employee, or

organizational entity of that Bureau or Survey, and not heretofore

transferred to the Secretary of Commerce, hereinafter referred to

as the Secretary, are hereby transferred to the Secretary.

SEC. 2. ABOLITIONS

(a) The offices of Director of the Coast and Geodetic Survey,

Deputy Director of the Coast and Geodetic Survey, and Chief of the

Weather Bureau are hereby abolished. The Secretary shall make such

provisions as he shall deem to be necessary respecting the winding

up of any outstanding affairs of the officers whose offices are

abolished by the provisions of this section.

(b) The abolitions effected by the provision of subsection (a) of

this section shall exclude the abolition of rights to which the

present incumbents of the abolished offices would be entitled under

law upon the termination of their appointments.

SEC. 3. ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION

(a) The Coast and Geodetic Survey and the Weather Bureau are

hereby consolidated to form a new agency in the Department of

Commerce which shall be known as the Environmental Science Services

Administration, hereinafter referred to as the Administration.

(b) The Secretary shall from time to time establish such

constituent organizational entities of the Administration, with

such names, as he shall determine.

SEC. 4. OFFICERS OF THE ADMINISTRATION

(a) There shall be at the head of the Administration the

Administrator of the Environmental Science Services Administration,

hereinafter referred to as the Administrator. The Administrator

shall be appointed by the President by and with the advice and

consent of the Senate. He shall perform such functions as the

Secretary may from time to time direct.

(b)(1) There shall be in the Administration a Deputy

Administrator of the Environmental Science Services Administration,

hereinafter referred to as the Deputy Administrator, who shall be

appointed by the President by and with the advice and consent of

the Senate, shall perform such functions as the Secretary may from

time to time direct, and, unless he is compensated in pursuance of

the provisions of paragraph (2), below, shall receive compensation

in accordance with the Classification Act of 1949, as amended

[chapter 51 and subchapter III of chapter 53 of Title 5, Government

Organization and Employees].

(2) The office of Deputy Administrator may be filled at the

discretion of the President by appointment (by and with the advice

and consent of the Senate) from the active list of commissioned

officers of the Administration in which case the appointment shall

create a vacancy on the active list and while holding the office of

Deputy Administrator the officer shall have rank, pay and

allowances not exceeding those of a Vice Admiral.

(c) The Deputy Administrator of such other official of the

Department of Commerce as the Secretary shall from time to time

designate shall act as Administrator during the absence or

disability of the Administrator or in the event of a vacancy in the

office of Administrator.

(d) At any one time, one principal constituent organizational

entity of the Administration may, if the Secretary so elects, be

headed by a commissioned officer of the Administration, who shall

be designated by the Secretary. Such designation of an officer

shall create a vacancy on the active list and while serving under

this paragraph the officer shall have rank, pay and allowances not

exceeding those of a Rear Admiral (upper half).

(e) Any commissioned officer of the Administration who has served

as Deputy Administrator or has served in a rank above that of

Captain as the head of a principal constituent organizational

entity of the Administration, and is retired while so serving or is

retired after the completion of such service while serving in a

lower rank or grade, shall be retired with the rank, pay and

allowances authorized by law for the highest grade and rank held by

him; but any such officer, upon termination of his appointment in a

rank above that of Captain, shall, unless appointed or assigned to

some other position for which a higher rank or grade is provided,

revert to the grade and number he would have occupied had he not

served in a rank above that of Captain and such officer shall be an

extra number in that grade. [As amended Pub. L. 90-83, Sec. 10(c),

Sept. 11, 1967, 81 Stat. 224.]

SEC. 5. AUTHORITY OF THE SECRETARY

Nothing in this organization plan shall divert the Secretary of

any function vested in him by law or by Reorganization Plan No. 5

of 1950 (64 Stat. 1263) [set out in the Appendix to Title 5,

Government Organization and Employees] or in any manner derogate

from any authority of the Secretary thereunder.

SEC. 6. PERSONNEL, PROPERTY, RECORDS AND FUNDS

(a) The personnel (including commissioned officers) employed in

the Coast and Geodetic Survey, the personnel employed in the

Weather Bureau, and the property and records held or used by the

Weather Bureau or the Coast and Geodetic Survey shall be deemed to

be transferred to the Administration.

(b) Unexpended balances of appropriations, allocations, and other

funds available or to be made available in connection with

functions now administered by the Weather Bureau or by the Coast

and Geodetic Survey shall be available to the Administration

hereunder in connection with those functions.

(c) Such further measures and dispositions as the Director of the

Bureau of the Budget shall deem to be necessary in order to

effectuate the foregoing provisions of this section shall be

carried out in such manner as he shall direct and by such agencies

as he shall designate.

SEC. 7. INTERIM OFFICERS

(a) The President may authorize any person who immediately prior

to the effective date of this reorganization plan held a position

in the executive branch of the Government to act as Administrator

until the office of Administrator is for the first time filled

pursuant to the provisions of this reorganization plan or by recess

appointment, as the case may be.

(b) The President may similarly authorize any such person to act

as Deputy Administrator.

(c) The President may authorize any person who serves in an

acting capacity under the foregoing provisions of this section to

receive the compensation attached to the office in respect to which

he so serves. Such compensation, if authorized, shall be in lieu

of, but not in addition to, other compensation from the United

States to which such person may be entitled.

[The Environmental Science Services Administration in the

Department of Commerce, including the offices of Administrator and

Deputy Administrator thereof, were abolished by Reorg. Plan No. 4

of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, which

created the National Oceanic and Atmospheric Administration in the

Department of Commerce and transferred the personnel, property,

records, and unexpended balances of funds of the Environmental

Science Services Administration to such newly created National

Oceanic and Atmospheric Administration.]

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 2 of 1965, prepared

in accordance with the provisions of the Reorganization Act of

1949, as amended [see now section 901 et seq. of Title 5,

Government Organization and Employees], and providing for the

reorganization of two major agencies of the Department of Commerce:

The Weather Bureau and the Coast and Geodetic Survey.

The reorganization plan consolidates the Coast and Geodetic

Survey and the Weather Bureau to form a new agency in the

Department of Commerce to be known as the Environmental Science

Services Administration. It is the intention of the Secretary of

Commerce to transfer the Central Radio Propagation Laboratory of

the National Bureau of Standards to the Administration when the

reorganization plan takes effect. The new Administration will then

provide a single national focus for our efforts to describe,

understand, and predict the state of the oceans, the state of the

lower and upper atmosphere, and the size and shape of the earth.

Establishment of the Administration will mark a significant step

forward in the continual search by the Federal Government for

better ways to meet the needs of the Nation for environmental

science services. The organizational improvements made possible by

the reorganization plan will enhance our ability to develop an

adequate warning system for the severe hazards of nature - for

hurricanes, tornadoes, floods, earthquakes, and seismic sea waves,

which have proved so disastrous to the Nation in recent years.

These improvements will permit us to provide better environmental

information to vital segments of the Nation's economy - to

agriculture, transportation, communications, and industry, which

continually require information about the physical environment.

They will mean better services to other Federal departments and

agencies - to those that are concerned with the national defense,

the exploration of outer space, the management of our mineral and

water resources, the protection of the public health against

environmental pollution, and the preservation of our wilderness and

recreation areas.

The new Administration will bring together a number of allied

scientific disciplines that are concerned with the physical

environment. The integration will better enable us to look at man's

physical environment as a scientific whole and to seek to

understand the interactions among air, sea, and earth and between

the upper and lower atmosphere. It will facilitate the development

of programs dealing with the physical environment and will permit

better management of these programs. It will enhance our capability

to identify and solve important long-range scientific and

technological problems associated with the physical environment.

The new Administration will, in consequence, promote a fresh sense

of scientific dedication, discovery, and challenge, which are

essential if we are to attract scientists and engineers of

creativity and talent to Federal employment in this field.

The reorganization plan provides for an Administrator at the head

of the Administration, and for a Deputy Administrator, each of whom

will be appointed by the President by and with the advice and

consent of the Senate. As authorized by the civil service and other

laws and regulations, subordinate officers of the Administration

will be appointed by the Secretary of Commerce or be assigned by

him from among a corps of commissioned officers. The Administration

will perform such functions as the Secretary of Commerce may

delegate or otherwise assign to it and will be under his direction

and control.

Commissioned officers of the Coast and Geodetic Survey will

become commissioned officers of the Administration and may serve at

the discretion of the Secretary of Commerce throughout the

Administration. The reorganization plan authorizes the President at

his discretion to fill the Office of Deputy Administrator by

appointment, by and with the advice and consent of the Senate, from

the active list of commissioned officers of the Administration.

The reorganization plan transmitted herewith abolishes - and thus

excludes from the consolidation mentioned above - the offices of

(1) Chief of the Weather Bureau, provided for in the act of October

1, 1890 (15 U.S.C. 312); (2) Director of the Coast and Geodetic

Survey, provided for in the acts of June 4, 1920, and February 16,

1929, as amended (33 U.S.C. 852, 852a); and (3) Deputy Director of

the Coast and Geodetic Survey, provided for in the act of January

19, 1942, as amended (33 U.S.C. 852b).

After investigation, I have found and hereby declare that each

reorganization included in Reorganization Plan No. 2 of 1965 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949, as amended [see now

section 901 of Title 5, Government Organization and Employees]. I

have also found and hereby declare that by reason of the

reorganizations made by the reorganization plan, it is necessary to

include in the plan provisions for the appointment and compensation

of the officers of the Administration set forth in section 4 of the

reorganization plan. The rate of compensation fixed for each of

these officers is that which I have found to prevail in respect of

comparable officers in the executive branch of the Government.

In addition to permitting more effective management within the

Department of Commerce, the new organization will ultimately

produce economies. These economies will be of two types. The first,

and probably the most significant, is the savings and avoidance of

costs which will result from the sharing of complex and expensive

facilities such as satellites, computers, communication systems,

aircraft, and ships. These economies will increase in significance

as developments in science and technology bring into being still

more advanced equipment. Second, integration of the existing

headquarters and field organizations will permit more efficient

utilization of existing administrative staffs and thereby produce

future economies. It is, however, impracticable to specify or

itemize at this time the reductions of expenditures which it is

probable will be brought about by the taking effect of the

reorganizations included in the reorganization plan.

I recommend that the Congress allow the accompanying

reorganization plan to become effective.

Lyndon B. Johnson.

The White House, May 13, 1965.

-End-

-CITE-

33 USC Sec. 851a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 851a. Repealed. June 3, 1948, ch. 390, Sec. 22(a), formerly

Sec. 21(a), 62 Stat. 300; renumbered Sec. 22(a), Sept. 14, 1961,

Pub. L. 87-233, Sec. 1(f), 75 Stat. 506

-MISC1-

Section, act Jan. 19, 1942, ch. 6, Sec. 1, 56 Stat. 6, related to

distribution of the total number of commissioned officers in rank.

-End-

-CITE-

33 USC Secs. 852 to 852b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 852 to 852b. Omitted

-COD-

CODIFICATION

Sections, which made provision for a Director of the Coast and

Geodetic Survey and for a Deputy Director and covered their

appointment, rank, pay, and allowances, have been omitted in view

of 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79

Stat. 1318, set out as a note under section 851 of this title,

which abolished such offices and transferred their functions to the

Secretary of Commerce. For further details, see Transfer of

Functions note set out under section 851 of this title.

Section 852, acts June 4, 1920, ch. 228, Sec. 1, 41 Stat. 825;

June 5, 1920, ch. 235, Sec. 1, 41 Stat. 929; Feb. 16, 1929, ch.

221, Sec. 5, 45 Stat. 1187; Mar. 18, 1936, ch. 147, 49 Stat. 1164,

provided for the appointment and reappointment of the Director of

the Coast and Geodetic Survey.

Section 852a, acts Feb. 16, 1929, ch. 221, Sec. 5, 45 Stat. 1187;

Mar. 18, 1936, ch. 147, 49 Stat. 1164; June 3, 1948, ch. 390, Sec.

21(a), formerly Sec. 20(a), 62 Stat. 300; renumbered Sec. 21(a),

Sept. 14, 1961, Pub. L. 87-233, Sec. 1(f), 75 Stat. 506, provided

for the rank, pay, and allowances of the Director.

Section 852b, acts Jan. 19, 1942, ch. 6, Sec. 8, 56 Stat. 8; June

3, 1948, ch. 390, Sec. 21(b), formerly Sec. 20(b), 62 Stat. 300;

renumbered Sec. 21(b), Sept. 14, 1961, Pub. L. 87-233, Sec. 1(f),

75 Stat. 506; June 21, 1955, ch. 172, Sec. 3(b), 69 Stat. 169; June

30, 1960, Pub. L. 86-554, Sec. 1, 74 Stat. 258, provided for the

appointment, active and retired rank, pay, and allowances, of the

Deputy Director of the Coast and Geodetic Survey.

-End-

-CITE-

33 USC Sec. 853 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 853. Power to settle claims

-STATUTE-

The Secretary of Commerce is authorized to consider, ascertain,

adjust, and determine all claims for damages, where the amount of

the claim does not exceed $2,500, occasioned, subsequent to June 5,

1920, by acts for which the National Oceanic and Atmospheric

Administration is responsible.

-SOURCE-

(June 5, 1920, ch. 256, 41 Stat. 1054; Pub. L. 93-608, Sec. 1(4),

Jan. 2, 1975, 88 Stat. 1967; Pub. L. 98-176, Nov. 29, 1983, 97

Stat. 1124.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-176 amended section generally, substituting

"The Secretary of Commerce is" for "The Superintendent of the Coast

and Geodetic Survey, subject to the approval of the Secretary of

Commerce, is hereby", "$2,500" for "$500", and "the National

Oceanic and Atmospheric Administration is responsible" for "the

Coast and Geodetic Survey shall be found to be responsible".

1975 - Pub. L. 93-608 struck out reporting requirement to

Congress of amounts ascertained and determined due for payment as

legal claims out of Congressional appropriations.

REPEALS

Act Aug. 2, 1946, ch. 753, title IV, Sec. 424(a), 60 Stat. 846,

repealed this section insofar as it concerned claims cognizable

under sections 921 and 922 of former Title 28, Judicial Code and

Judiciary (see sections 2672 and 2673 of Title 28, Judiciary and

Judicial Procedure) which are caused by the negligent or wrongful

act or omission of any Government employee acting within the scope

of his employment, but by section 424(b) of that act, section 946

of former Title 28 (see note set out under section 2680 of Title

28), this section is specifically saved with reference to any claim

which is not caused by the negligent or wrongful act or omission of

any Government employee acting within the scope of his employment.

-End-

-CITE-

33 USC Secs. 853a to 853l 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 853a to 853g742l. Repealed. Pub. L. 107-372, title II, Sec.

271(1), Dec. 19, 2002, 116 Stat. 3094

-MISC1-

Section 853a, acts June 3, 1948, ch. 390, Sec. 2, 62 Stat. 297;

Pub. L. 87-233, Sec. 1(a), Sept. 14, 1961, 75 Stat. 506; 1965

Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318;

1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.

2090; Pub. L. 105-384, title III, Sec. 307(a), Nov. 13, 1998, 112

Stat. 3457, related to authorized numbers of commissioned officers

on the active list of the National Oceanic and Atmospheric

Administration. See sections 3004 and 3005 of this title.

Section 853b, act June 3, 1948, ch. 390, Sec. 3, 62 Stat. 298,

related to promotion by selection to grades above lieutenant. See

section 3024 of this title.

Section 853c, act June 3, 1948, ch. 390, Sec. 4, 62 Stat. 298,

related to promotion to the grade of lieutenant and lieutenant

commander upon completion of seven and fourteen years of service,

respectively.

Section 853d, act June 3, 1948, ch. 390, Sec. 5, 62 Stat. 298,

related to promotion to the grade of commander and captain after

completion of twenty-one and thirty years of service, respectively.

Section 853e, acts June 3, 1948, ch. 390, Sec. 6, 62 Stat. 298;

June 21, 1955, ch. 172, Sec. 4(a), 69 Stat. 169; Pub. L. 87-233,

Sec. 1(b), Sept. 14, 1961, 75 Stat. 506, related to promotion and

separation from service of ensigns. See section 3023 of this title.

Section 853f, act June 3, 1948, ch. 390, Sec. 7, 62 Stat. 298,

related to length of service for purposes of promotion. See section

3025 of this title.

Section 853g, acts June 3, 1948, ch. 390, Sec. 8, 62 Stat. 298;

Pub. L. 98-498, title III, Sec. 320(a)(1), Oct. 19, 1984, 98 Stat.

2307, related to retirement or separation of officers. See section

3041 of this title.

Section 853h, acts June 3, 1948, ch. 390, Sec. 9, 62 Stat. 299;

Pub. L. 87-649, Sec. 9(b)(1), Sept. 7, 1962, 76 Stat. 495; Pub. L.

98-498, title III, Sec. 320(a)(1), Oct. 19, 1984, 98 Stat. 2307;

Pub. L. 102-54, Sec. 13(m)(1), June 13, 1991, 105 Stat. 277; Pub.

L. 105-85, div. A, title VI, Sec. 652(a), (b), Nov. 18, 1997, 111

Stat. 1803, 1804, related to separation pay of officers. See

section 3042 of this title.

Section 853i, acts June 3, 1948, ch. 390, Sec. 10, 62 Stat. 299;

June 21, 1955, ch. 172, Sec. 4(b), 69 Stat. 170, directed that

appointments and promotions be made by President and authorized

suspension of provisions in time of emergency. See sections 3026

and 3033 of this title.

Section 853j, act June 3, 1948, ch. 390, Sec. 11, 62 Stat. 299,

required passing of examinations for promotion.

Section 853j-1, acts June 3, 1948, ch. 390, Sec. 12, as added

Pub. L. 87-233, Sec. 1(d), Sept. 14, 1961, 75 Stat. 506; amended

Pub. L. 98-498, title III, Sec. 320(b), Oct. 19, 1984, 98 Stat.

2308, related to temporary appointments and promotions made by

President. See section 3029 of this title.

Section 853k, acts June 3, 1948, ch. 390, Sec. 13, formerly Sec.

12, 62 Stat. 299; renumbered Sec. 13, Pub. L. 87-233, Sec. 1(c),

Sept. 14, 1961, 75 Stat. 506, related to retirement of officers for

age. See section 3043 of this title.

Section 853l, acts June 3, 1948, ch. 390, Sec. 14, formerly Sec.

13, 62 Stat. 299; renumbered Sec. 14 and amended Pub. L. 87-233,

Sec. 1(e), Sept. 14, 1961, 75 Stat. 506, related to retirement for

length of service upon application. See section 3044 of this title.

A prior section 14 of act June 3, 1948, was classified to section

853m of this title prior to repeal by act Oct. 12, 1949.

SHORT TITLE

Section 1 of act June 3, 1948, ch. 390, 62 Stat. 297, provided

that act June 3, 1948, enacting sections 853a to 853o and 853p to

853v of this title, amending sections 852a, 852b, 854a, and 864d of

this title, and repealing sections 851a, 854b, 854c, 864b, and 864c

of this title, could be cited as the "Coast and Geodetic Survey

Commissioned Officers' Act of 1948", prior to repeal by Pub. L.

107-372, title II, Sec. 271(1), Dec. 19, 2002, 116 Stat. 3094.

-End-

-CITE-

33 USC Secs. 853m, 853n 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 853m, 853n. Repealed. Oct. 12, 1949, ch. 681, title V, Sec.

531(b)(41), 63 Stat. 840

-MISC1-

Section 853m, act June 3, 1948, ch. 390, Sec. 14, 62 Stat. 299,

related to retirement for disability. See section 1201 et seq. of

Title 10, Armed Forces.

Section 853n, act June 3, 1948, ch. 390, Sec. 15, 62 Stat. 299,

related to computation of service for retirement purposes. See

sections 1401 et seq., 6321 et seq., and 6371 et seq. of Title 10.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1949, see section 533(a) of act Oct. 12,

1949, set out as an Effective Date of 1949 Amendment note under

section 854a of this title.

-End-

-CITE-

33 USC Sec. 853o 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 853g742o. Repealed. Pub. L. 107-372, title II, Sec. 271(1),

Dec. 19, 2002, 116 Stat. 3094

-MISC1-

Section, acts June 3, 1948, ch. 390, Sec. 16, 62 Stat. 299; Oct.

12, 1949, ch. 681, title V, Sec. 531(b)(41), 63 Stat. 840; Pub. L.

85-422, Sec. 11(c), May 20, 1958, 72 Stat. 132; Pub. L. 87-649,

Sec. 9(b)(2), Sept. 7, 1962, 76 Stat. 495; Pub. L. 96-342, title

VIII, Sec. 813(g), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 98-94,

title IX, Secs. 922(c), 923(e), Sept. 24, 1983, 97 Stat. 642, 643;

Pub. L. 99-348, title II, Sec. 206, July 1, 1986, 100 Stat. 701,

related to computation of retirement pay. See section 3045 of this

title.

-End-

-CITE-

33 USC Sec. 853o-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 853g742o-1. Credit of service as deck officer or junior

engineer and certain other active service for retirement and

retirement pay

-STATUTE-

Active service in the National Oceanic and Atmospheric

Administration as a deck officer or junior engineer and active

service counted on June 30, 1922, for longevity pay, shall be

credited to commissioned officers as active commissioned service

for purposes of retirement and retirement pay.

-SOURCE-

(Pub. L. 87-649, Sec. 9(c), Sept. 7, 1962, 76 Stat. 496; 1965

Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318;

1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.

2090.)

-COD-

CODIFICATION

Section was formerly classified to section 302 of Title 37 prior

to the general revision and enactment of Title 37, Pay and

Allowances of the Uniformed Services, by Pub. L. 87-649, Sec. 1,

Sept. 7, 1962, 76 Stat. 451.

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,

set out as a note preceding section 101 of Title 37, Pay and

Allowances of the Uniformed Services.

-TRANS-

TRANSFER OF FUNCTIONS

Coast and Geodetic Survey consolidated with Weather Bureau to

form a new agency in Department of Commerce to be known as

Environmental Science Services Administration, and commissioned

officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of

1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a

note under section 851 of this title. The Reorg. Plan also

transferred to Secretary of Commerce all functions of Coast and

Geodetic Survey and Director of Survey. Subsequently, Environmental

Science Services Administration abolished, National Oceanic and

Atmospheric Administration established, and Commissioned Officer

Corps of ESSA redesignated Commissioned Officer Corps of NOAA by

Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84

Stat. 2090, set out in the Appendix to Title 5, Government

Organization and Employees. For further details, see note set out

under section 851 of this title.

-End-

-CITE-

33 USC Secs. 853p to 853r 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 853p to 853r. Repealed. Pub. L. 107-372, title II, Sec.

271(1), Dec. 19, 2002, 116 Stat. 3094

-MISC1-

Section 853p, act June 3, 1948, ch. 390, Sec. 17, 62 Stat. 300,

provided that retired pay be based on highest rank held. See

section 3046 of this title.

Section 853q, act June 3, 1948, ch. 390, Sec. 18, 62 Stat. 300,

provided that Coast and Geodetic Survey Commissioned Officers' Act

of 1948 would not affect retired rank and pay held pursuant to

other laws. See section 3047 of this title.

Section 853r, act June 3, 1948, ch. 390, Sec. 19, 62 Stat. 300,

related to personnel board. See section 3022 of this title.

-End-

-CITE-

33 USC Sec. 853s 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 853s. Repealed. Pub. L. 88-431, Sec. 1(c)(2), Aug. 14, 1964,

78 Stat. 440

-MISC1-

Section, act June 3, 1948, ch. 390, Sec. 20, as added Sept. 14,

1961, Pub. L. 87-233, Sec. 1(g), 75 Stat. 506, related to

transportation of motor vehicles for commissioned officers of

Survey ordered to make a permanent change of station.

-End-

-CITE-

33 USC Secs. 853t to 854 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 853t to 854. Repealed. Pub. L. 107-372, title II, Sec.

271(1), (4), Dec. 19, 2002, 116 Stat. 3094

-MISC1-

Section 853t, act June 3, 1948, ch. 390, Sec. 23, as added Pub.

L. 87-233, Sec. 1(h), Sept. 14, 1961, 75 Stat. 506, related to

original appointments. See section 3021 of this title.

Section 853u, act June 3, 1948, ch. 390, Sec. 24, as added Pub.

L. 98-498, title III, Sec. 320(c)(1), Oct. 19, 1984, 98 Stat. 2308;

amended Pub. L. 99-145, title V, Sec. 514(a)(3), Nov. 8, 1985, 99

Stat. 628; Pub. L. 105-384, title III, Sec. 307(b), Nov. 13, 1998,

112 Stat. 3458, related to designation of positions of importance

and responsibility. See section 3028 of this title.

Section 853v, act June 3, 1948, ch. 390, Sec. 25, as added Pub.

L. 106-65, div. A, title VI, Sec. 652(c), Oct. 5, 1999, 113 Stat.

665, related to presentation of flag upon retirement. See section

3076 of this title.

Section 854, acts May 22, 1917, ch. 20, Sec. 16, 40 Stat. 88;

June 21, 1955, ch. 172, Sec. 2(a), 69 Stat. 169, required mental

and physical examination prior to appointment or promotion. See

section 3027 of this title.

-End-

-CITE-

33 USC Sec. 854a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 854a. Service credit as deck officer or junior engineer for

promotion purposes

-STATUTE-

For purposes of promotion which is now or may hereafter be

authorized for officers appointed after June 30, 1922, there shall

be counted in addition to active commissioned service, service as

deck officer and junior engineer.

-SOURCE-

(Jan. 19, 1942, ch. 6, Sec. 2, 56 Stat. 6; June 3, 1948, ch. 390,

Sec. 22(a), formerly Sec. 21(a), 62 Stat. 300, renumbered Sec.

22(a), Pub. L. 87-233, Sec. 1(f), Sept. 14, 1961, 75 Stat. 506;

Oct. 12, 1949, ch. 681, title V, Sec. 531(b)(32), 63 Stat. 839;

June 21, 1955, ch. 172, Sec. 3(a), 69 Stat. 169.)

-COD-

CODIFICATION

Provisions similar to this section are contained in section 3032

of this title.

-MISC1-

AMENDMENTS

1955 - Act June 21, 1955, credited all service as deck officer

and junior engineer.

1949 - Act Oct. 12, 1949, repealed that part of second proviso of

subsec. (b) relating to service credit as deck officer or junior

engineer for pay, longevity pay, or retirement purposes.

1948 - Act June 3, 1948, repealed subsecs. (a), (c), (d) and all

of subsec. (b) except for second proviso which now comprises this

section.

EFFECTIVE DATE OF 1949 AMENDMENT

Section 533(a) of act Oct. 12, 1949, provided that: "Except as

provided in subsections (b) and (c) of this section, this Act [see

Tables for classification] shall become effective on October 1,

1949, and no pay, allowances, or benefits provided herein shall

accrue to any person for any period prior thereto."

-End-

-CITE-

33 USC Sec. 854a-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 854a-1. Temporary appointment or advancement of commissioned

officers in time of war or national emergency

-STATUTE-

Personnel of the National Oceanic and Atmospheric Administration

shall be subject in like manner and to the same extent as personnel

of the Navy to all laws authorizing temporary appointment or

advancement of commissioned officers in time of war or national

emergency subject to the following limitations:

(1) Commissioned officers in the service of a military

department, under the provisions of sections 854, 855, 856, 857,

and 858 (!1) of this title may, upon the recommendation of the

Secretary of the military department concerned, be temporarily

promoted to higher ranks or grades.

(2) Commissioned officers in the service of the National

Oceanic and Atmospheric Administration may be temporarily

promoted to fill vacancies in ranks and grades caused by the

transfer of commissioned officers to the service and jurisdiction

of a military department under the provisions of sections 854,

855, 856, 857, and 858 (!1) of this title.

(3) Temporary appointments may be made in all grades to which

original appointments in the National Oceanic and Atmospheric

Administration are authorized: Provided, That the number of

officers holding temporary appointments shall not exceed the

number of officers transferred to a military department under the

provisions of sections 854, 855, 856, 857, and 858 (!1) of this

title.

-SOURCE-

(Dec. 3, 1942, ch. 670, Sec. 1, 56 Stat. 1038; Pub. L. 89-657, Sec.

3, Oct. 14, 1966, 80 Stat. 907; 1965 Reorg. Plan No. 2, eff. July

13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff.

Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-REFTEXT-

REFERENCES IN TEXT

Sections 854, 855, 856, 857, and 858 of this title, referred to

in text, were repealed by Pub. L. 107-372, title II, Sec. 271(4),

Dec. 19, 2002, 116 Stat. 3094.

-COD-

CODIFICATION

Provisions similar to this section are contained in section 3030

of this title.

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-657 struck out reference to act of July 24,

1941 (Public, Numbered 188, Seventy-seventh Congress) which, for

purposes of codification, has been changed to sections 350 to 350j

of former title 34 and substituted Environmental Science Services

Administration for Coast and Geodetic Survey, temporary advancement

of commissioned officers for temporary promotions, military

departments for Department of the Army or Navy Department,

Secretary of the military department concerned for Secretary of the

Army or Secretary of the Navy, and reference to temporary

appointments in all grades to which original appointments in the

Environmental Science Services Administration are authorized for

reference to temporary appointment of regularly appointed deck

officers and junior engineers to the rank and grade of ensign.

-TRANS-

TRANSFER OF FUNCTIONS

Coast and Geodetic Survey consolidated with Weather Bureau to

form a new agency in Department of Commerce to be known as

Environmental Science Services Administration, and commissioned

officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of

1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a

note under section 851 of this title. The Reorg. Plan also

transferred to Secretary of Commerce all functions of Coast and

Geodetic Survey and Director of Survey. Subsequently, Environmental

Science Services Administration abolished, National Oceanic and

Atmospheric Administration established, and Commissioned Officer

Corps of ESSA redesignated Commissioned Officer Corps of NOAA by

Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84

Stat. 2090, set out in the Appendix to Title 5, Government

Organization and Employees. For further details, see note set out

under section 851 of this title.

DELEGATION OF FUNCTIONS

Functions of President under subsecs. (1), (2), and (3) delegated

to Secretary of Commerce, see section 1(b), (i) and (j) of Ex. Ord.

No. 11023, May 28, 1962, 27 F.R. 5131, set out as a note under

section 301 of Title 3, The President.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 854a-2 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 854a-2. Pay and allowances; date of acceptance of promotion

-STATUTE-

Any commissioned officer of the National Oceanic and Atmospheric

Administration promoted to a higher grade at any time after

December 7, 1941, shall be deemed for all purposes to have accepted

his promotion to higher grade upon the date such promotion is made

by the President unless he shall expressly decline such promotion,

and shall receive the pay and allowances of the higher grade from

such date unless he is entitled under some other provision of law

to receive the pay and allowances of the higher grade from an

earlier date. No such officer who shall have subscribed to the oath

of office required by section 3331 of title 5, shall be required to

renew such oath or to take a new oath upon his promotion to a

higher grade, if his service after the taking of such an oath shall

have been continuous.

-SOURCE-

(Dec. 3, 1942, ch. 670, Sec. 3, 56 Stat. 1039; 1965 Reorg. Plan No.

2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg.

Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-COD-

CODIFICATION

"Section 3331 of title 5" substituted in text for "section 1757,

Revised Statutes" on authority of Pub. L. 89-554, Sec. 7(b), Sept.

6, 1966, 80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees. Section 1757 of the Revised

Statutes had been classified to section 16 of former Title 5,

Executive Departments and Government Officers and Employees.

Provisions similar to this section are contained in section 3031

of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Coast and Geodetic Survey consolidated with Weather Bureau to

form a new agency in Department of Commerce to be known as

Environmental Science Services Administration, and commissioned

officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of

1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a

note under section 851 of this title. The Reorg. Plan also

transferred to Secretary of Commerce all functions of Coast and

Geodetic Survey and Director of Survey. Subsequently, Environmental

Science Services Administration abolished, National Oceanic and

Atmospheric Administration established, and Commissioned Officer

Corps of ESSA redesignated Commissioned Officer Corps of NOAA by

Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84

Stat. 2090, set out in the Appendix to Title 5, Government

Organization and Employees. For further details, see note set out

under section 851 of this title.

-End-

-CITE-

33 USC Secs. 854b, 854c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 854b, 854c. Repealed. June 3, 1948, ch. 390, Sec. 22(a),

formerly Sec. 21(a), 62 Stat. 300; renumbered Sec. 22(a), Sept.

14, 1961, Pub. L. 87-233, Sec. 1(f), 75 Stat. 506

-MISC1-

Section 854b, act Jan. 19, 1942, ch. 6, Sec. 3, 56 Stat. 7,

related to composition, powers and duties of a Personnel Board.

Section 854c, act Jan. 19, 1942, ch. 6, Sec. 4, 56 Stat. 7,

related to submission of reports of the Personnel Boards to the

President.

-End-

-CITE-

33 USC Sec. 855 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 855. Repealed. Pub. L. 107-372, title II, Sec. 271(4), Dec.

19, 2002, 116 Stat. 3094

-MISC1-

Section, acts May 22, 1917, ch. 20, Sec. 16, 40 Stat. 87; 1965

Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318;

Pub. L. 89-657, Sec. 1(1), Oct. 14, 1966, 80 Stat. 907; 1970 Reorg.

Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090,

related to cooperation with and transfer to military departments.

See section 3061 of this title.

-End-

-CITE-

33 USC Sec. 855a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 855a. Repealed. Pub. L. 85-857, Sec. 14(79), Sept. 2, 1958, 72

Stat. 1272

-MISC1-

Section, acts Dec. 3, 1942, ch. 670, Sec. 2, 56 Stat. 1038; Aug.

16, 1954, ch. 738, 68 Stat. 730, related to rights and benefits of

commissioned officers of Coast and Geodetic Survey assigned to

projects of Army and Navy outside continental United States or in

hazardous military areas.

EFFECTIVE DATE OF REPEAL

Repeal by Pub. L. 85-857 effective Jan. 1, 1959, see section 2 of

Pub. L. 85-857, set out as an Effective Date note preceding Part I

of Title 38, Veterans' Benefits.

-End-

-CITE-

33 USC Secs. 856 to 857-5 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 856 to 857-5. Repealed. Pub. L. 107-372, title II, Sec.

271(3), (4), Dec. 19, 2002, 116 Stat. 3094

-MISC1-

Section 856, acts May 22, 1917, ch. 20, Sec. 16, 40 Stat. 88;

June 21, 1955, ch. 172, Sec. 2(b), 69 Stat. 169; 1965 Reorg. Plan

No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg.

Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090,

related to relative rank of National Oceanic and Atmospheric

Administration officers when serving with Army, Navy, or Air Force.

See section 3062 of this title.

Section 857, acts May 22, 1917, ch. 20, Sec. 16, 40 Stat. 88;

Aug. 1, 1956, ch. 837, title V, Sec. 501(d)(1), 70 Stat. 883; 1965

Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318;

1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.

2090; Pub. L. 102-54, Sec. 13(m)(2), June 13, 1991, 105 Stat. 277,

related to service of commissioned officers of the National Oceanic

and Atmospheric Administration for purposes of servicemen's and

veterans' benefits. See section 3072 of this title.

Section 857-1, Pub. L. 91-621, Sec. 1, Dec. 31, 1970, 84 Stat.

1863, related to applicable definitions. See section 3002 of this

title.

Section 857-2, Pub. L. 91-621, Sec. 2, Dec. 31, 1970, 84 Stat.

1863, related to retirement grade and pay. See section 3046 of this

title.

Section 857-3, Pub. L. 91-621, Sec. 3, Dec. 31, 1970, 84 Stat.

1863; Pub. L. 98-498, title III, Sec. 310(a), Oct. 19, 1984, 98

Stat. 2306; Pub. L. 102-54, Sec. 13(m)(3), June 13, 1991, 105 Stat.

277, related to service for purposes of certain statutory rights,

privileges, immunities, and benefits and provision of medical and

dental care. See sections 3072 and 3073 of this title.

Section 857-4, Pub. L. 91-621, Sec. 4, Dec. 31, 1970, 84 Stat.

1863, related to commissary privileges. See section 3074 of this

title.

Section 857-5, Pub. L. 91-621, Sec. 5, Dec. 31, 1970, 84 Stat.

1864, related to applicability of statutes that had applied to

commissioned officers of the Coast and Geodetic Survey and the

Environmental Science Services Administration.

REPEALS

Pub. L. 91-621, Sec. 8, Dec. 31, 1970, 84 Stat. 1867, provided

that all provisions of law inconsistent with Pub. L. 91-621 were

repealed, prior to repeal by Pub. L. 107-372, title II, Sec.

271(3), Dec. 19, 2002, 116 Stat. 3094.

-End-

-CITE-

33 USC Secs. 857-6 to 857-12 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 857-6 to 857-12. Repealed. Pub. L. 95-63, Sec. 7(a), July 5,

1977, 91 Stat. 267

-MISC1-

Section 857-6, Pub. L. 92-125, Sec. 1, Aug. 16, 1971, 85 Stat.

344, established National Advisory Committee on Oceans and

Atmosphere. See section 857-13 of this title.

Section 857-7, Pub. L. 92-125, Sec. 2, Aug. 16, 1971, 85 Stat.

344, provided for membership, terms of office, duties, and Chairman

and Vice Chairman of Committee. See section 857-14 of this title.

Section 857-8, Pub. L. 92-125, Sec. 3, Aug. 16, 1971, 85 Stat.

344, provided for designation of a senior policy official of

Federal departments and agencies to assist Committee. See section

857-17(a) of this title.

Section 857-9, Pub. L. 92-125, Sec. 4, Aug. 16, 1971, 85 Stat.

344; Pub. L. 94-69, Sec. 2, Aug. 5, 1975, 89 Stat. 384, provided

for an annual report by Committee. See section 857-15 of this

title.

Section 857-10, Pub. L. 92-125, Sec. 5, Aug. 16, 1971, 85 Stat.

344, provided for compensation and travel expenses of Committee

members. See section 857-16 of this title.

Section 857-11, Pub. L. 92-125, Sec. 6, Aug. 16, 1971, 85 Stat.

345, provided for assistance to Committee by Federal departments

and agencies. See section 857-17 of this title.

Section 857-12, Pub. L. 92-125, Sec. 7, Aug. 16, 1971, 85 Stat.

345; Pub. L. 92-567, Oct. 25, 1972, 86 Stat. 1181; Pub. L. 94-69,

Sec. 1, Aug. 5, 1975, 89 Stat. 384, authorized appropriations for

operation of the Committee. See section 857-18 of this title.

-End-

-CITE-

33 USC Sec. 857-13 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 857-13. National Advisory Committee on Oceans and Atmosphere

-STATUTE-

There is hereby established a committee of 18 members to be known

as the National Advisory Committee on Oceans and Atmosphere

(hereinafter in sections 857-13 to 857-18 of this title referred to

as the "Committee").

-SOURCE-

(Pub. L. 95-63, Sec. 2, July 5, 1977, 91 Stat. 265.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to that contained in this section, which

established a National Advisory Committee on Oceans and Atmosphere

with a membership of twenty-five, were contained in section 857-6

of this title prior to repeal by section 7(a) of Pub. L. 95-63.

SHORT TITLE

For short title of Pub. L. 95-63, see section 1 of Pub. L. 95-63,

set out as a note under section 851 of this title.

TRANSFER OF PERSONNEL, POSITIONS, RECORDS, AND FUNDS

Section 7(b) of Pub. L. 95-63 provided that: "All personnel,

positions, records, and unexpended balances of appropriations,

allocations, and other funds employed, used, held, available, or to

be made available in connection with the functions specified by the

Act of August 16, 1971 [former sections 857-6 to 857-12 of this

title] (establishing an advisory committee on oceans and

atmosphere), are hereby transferred to the National Advisory

Committee on Oceans and Atmosphere established by this Act

[sections 857-13 to 857-18 of this title]. The personnel

transferred under this subsection shall be so transferred without

reduction in classification or compensation except, that after such

transfer, such personnel shall be subject to reductions in

classification or compensation in the same manner, to the same

extent, and according to the same procedure as other employees of

the United States classified and compensated according to the

General Schedule in title 5, United States Code."

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 857-17, 857-18 of this

title.

-End-

-CITE-

33 USC Sec. 857-14 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 857-14. Membership

-STATUTE-

(a) Appointment and qualifications

The members of the Committee, who may not be full-time officers

or employees of the United States, shall be appointed by the

President. Members shall be appointed only from among individuals

who are eminently qualified by way of knowledge and expertise in

the following areas of direct concern to the Committee -

(1) one or more of the disciplines and fields included in

marine science and technology, marine industry, marine-related

State and local governmental functions, coastal zone management,

or other fields directly appropriate for consideration of matters

of ocean policy; or

(2) one or more of the disciplines and fields included in

atmospheric science, atmospheric-related State and local

governmental functions, or other fields directly appropriate for

consideration of matters of atmospheric policy.

(b) Terms

(1) The term of office of a member of the Committee shall be 3

years; except that of the original appointees, 6 shall be appointed

for a term to expire on July 1, 1979, 6 shall be appointed for a

term to expire on July 1, 1980, and 6 shall be appointed for a term

to expire on July 1, 1981.

(2) Any individual appointed to fill a vacancy occurring before

the expiration of the term for which his or her predecessor was

appointed shall be appointed only for the remainder of such term.

No individual may be reappointed to the Committee for more than one

additional 3-year term. A member may serve after the date of the

expiration of the term of office for which appointed until his or

her successor has taken office. The terms of office for members

first appointed after July 5, 1977, shall begin on July 1, 1977.

(c) Chairman

The President shall designate one of the members of the Committee

as the Chairman and one of the members as the Vice Chairman. The

Vice Chairman shall act as Chairman in the absence or incapacity

of, or in the event of a vacancy in the office of, the Chairman.

(d) Duties

The Committee shall -

(1) undertake a continuing review, on a selective basis, of

national ocean policy, coastal zone management, and the status of

the marine and atmospheric science and service programs of the

United States; and

(2) advise the Secretary of Commerce with respect to the

carrying out of the programs administered by the National Oceanic

and Atmospheric Administration.

-SOURCE-

(Pub. L. 95-63, Sec. 3, July 5, 1977, 91 Stat. 265; Pub. L. 95-304,

Sec. 1(1), June 29, 1978, 92 Stat. 347; Pub. L. 97-87, Sec. 1(1),

Dec. 1, 1981, 95 Stat. 1134.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those contained in this section, which

related to membership, terms, and duties of the National Advisory

Committee on Oceans and Atmosphere as originally established on

Aug. 16, 1971, were contained in section 857-7 of this title prior

to repeal by section 7(a) of Pub. L. 95-63.

AMENDMENTS

1981 - Subsec. (b)(2). Pub. L. 97-87 struck out ", or until

ninety days after such date, whichever is earlier" after "until his

or her successor has taken office".

1978 - Subsec. (b)(1). Pub. L. 95-304 substituted provisions

authorizing terms of members to expire on July 1, 1979, July 1,

1980, and July 1, 1981, respectively, for provisions authorizing

terms of members to be for 1 year, 2 years, and 3 years,

respectively.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 857-13, 857-17, 857-18 of

this title.

-End-

-CITE-

33 USC Sec. 857-15 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 857-15. Reports

-STATUTE-

(a) In general

The Committee shall submit an annual report to the President and

to the Congress setting forth an assessment, on a selective basis,

of the status of the Nation's marine and atmospheric activities,

and shall submit such other reports as may from time to time be

requested by the President or the Congress.

(b) Review by Secretary

Each annual report shall also be submitted to the Secretary of

Commerce, who shall, within 60 days after receipt thereof, transmit

his or her comments and recommendations to the President and to the

Congress.

(c) Annual report submittal

The annual report required under subsection (a) of this section

shall be submitted on or before June 30 of each year, beginning

with June 30, 1978.

-SOURCE-

(Pub. L. 95-63, Sec. 4, July 5, 1977, 91 Stat. 266.)

-MISC1-

PRIOR PROVISIONS

A provision similar to that contained in this section, which

required an annual report, beginning June 30, 1972, from the

National Advisory Committee on Oceans and Atmosphere as originally

established on Aug. 16, 1971, was contained in section 857-9 of

this title prior to repeal by section 7(a) of Pub. L. 95-63.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(a) of this section relating to submitting an annual report to

Congress and provisions in subsec. (b) of this section relating to

annually transmitting comments and recommendations to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and pages 50 and 177

of House Document No. 103-7.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 857-13, 857-17, 857-18 of

this title.

-End-

-CITE-

33 USC Sec. 857-16 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 857-16. Compensation and travel expenses

-STATUTE-

Members of the Committee shall each be entitled to receive

compensation not to exceed the daily rate for a GS-18 for each day

(including traveltime) during which they are engaged in the actual

performance of the duties of the Committee. In addition, while away

from their homes or regular places of business in the performance

of the duties of the Committee, each member of the Committee shall

be allowed travel expenses, including per diem in lieu of

subsistence, in the same manner as persons employed intermittently

in the Government service are allowed expenses under section

5703(b) (!1) of title 5.

-SOURCE-

(Pub. L. 95-63, Sec. 5, July 5, 1977, 91 Stat. 266; Pub. L. 97-87,

Sec. 1(2), Dec. 1, 1981, 95 Stat. 1134.)

-REFTEXT-

REFERENCES IN TEXT

Section 5703 of title 5, referred to in text, was amended

generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat. 85, and,

as so amended, does not contain a subsec. (b).

-MISC1-

PRIOR PROVISIONS

A provision similar to that contained in this section, which

authorized compensation and travel expenses for members of the

National Advisory Committee on Oceans and Atmosphere as originally

established on Aug. 16, 1971, was contained in section 857-10 of

this title prior to repeal by section 7(a) of Pub. L. 95-63.

AMENDMENTS

1981 - Pub. L. 97-87 substituted "not to exceed the daily rate

for a GS-18" for "of $100 per day".

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 857-13, 857-17, 857-18 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 857-17 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 857-17. Interagency cooperation and assistance

-STATUTE-

(a) Liaison

The head of each department or agency of the Federal Government

concerned with marine and atmospheric matters shall designate a

senior policy official to participate as observer in the work of

the Committee and offer necessary assistance.

(b) Agency assistance

The Committee is authorized to request from the head of any

department, agency, or independent instrumentality of the Federal

Government any information and assistance it deems necessary to

carry out the functions assigned under sections 857-13 to 857-18 of

this title. The head of each such department, agency, or

instrumentality is authorized to cooperate with the Committee, and,

to the extent permitted by law, to furnish such information and

assistance to the Committee upon request made by the Chairman,

without reimbursement for such services and assistance.

(c) Administrative assistance

The Secretary of Commerce shall make available to the Committee

such staff, information, personnel, and administrative services and

assistance as may reasonably be required to carry out the

provisions of sections 857-13 to 857-18 of this title.

-SOURCE-

(Pub. L. 95-63, Sec. 6, July 5, 1977, 91 Stat. 266.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those contained in this section, which

required the designation of senior policy officials as observers,

directed the Secretary of Commerce to provide administrative

assistance, and authorized requests for assistance from Federal

agencies by the Federal Advisory Committee on Oceans and Atmosphere

as originally established on Aug. 16, 1971, were contained in

sections 857-8 and 857-11 of this title prior to repeal by section

7(a) of Pub. L. 95-63.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 857-13, 857-18 of this

title.

-End-

-CITE-

33 USC Sec. 857-18 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 857-18. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for purposes of carrying

out sections 857-13 to 857-18 of this title not to exceed $520,000

for the fiscal year ending September 30, 1978, $572,000 for the

fiscal year ending September 30, 1979, $565,000 for the fiscal year

ending September 30, 1980, $600,000 for the fiscal year ending

September 30, 1981, and $555,000 for the fiscal year ending

September 30, 1982. Such sums as may be appropriated under this

section shall remain available until expended.

-SOURCE-

(Pub. L. 95-63, Sec. 8, July 5, 1977, 91 Stat. 267; Pub. L. 95-304,

Sec. 1(2), June 29, 1978, 92 Stat. 347; Pub. L. 96-26, June 21,

1979, 93 Stat. 74; Pub. L. 97-87, Sec. 1(3), Dec. 1, 1981, 95 Stat.

1134.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those contained in this section, which

authorized appropriations, beginning with an authorization of

$200,000 for the fiscal year ending June 30, 1972, for the

operation of the National Advisory Committee on Oceans and

Atmosphere as originally established on Aug. 16, 1971, were

contained in section 857-12 of this title prior to repeal by

section 7(a) of Pub. L. 95-63.

AMENDMENTS

1981 - Pub. L. 97-87 inserted provisions authorizing

appropriations of not to exceed $555,000 for fiscal year ending

Sept. 30, 1982, and provided that such sums as might be

appropriated under authority of this section remain available until

expended.

1979 - Pub. L. 96-26 substituted provisions authorizing

appropriations of $565,000 for fiscal year ending Sept. 30, 1980,

and $600,000 for fiscal year ending Sept. 30, 1981, for provisions

directing that sums appropriated under this section remain

available until expended.

1978 - Pub. L. 95-304 inserted provisions authorizing

appropriations for fiscal year ending Sept. 30, 1979.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 857-13, 857-17 of this

title.

-End-

-CITE-

33 USC Sec. 857-19 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 857-19. Biennial report

-STATUTE-

Beginning in September, 2001, the President shall transmit to the

Congress biennially a report that includes a detailed listing of

all existing Federal programs related to ocean and coastal

activities, including a description of each program, the current

funding for the program, linkages to other Federal programs, and a

projection of the funding level for the program for each of the

next 5 fiscal years beginning after the report is submitted.

-SOURCE-

(Pub. L. 106-256, Sec. 5, Aug. 7, 2000, 114 Stat. 648.)

-MISC1-

NATIONAL OCEAN POLICY

Pub. L. 107-77, title V, Nov. 28, 2001, 115 Stat. 792, as amended

by Pub. L. 107-117, div. B, Sec. 207, Jan. 10, 2002, 115 Stat.

2298, provided in part: "That the Commission [on Ocean Policy]

shall present to the Congress within 18 months of the first meeting

of the Commission its recommendations for a national ocean policy."

Similar provisions were contained in section 3(f)(1) of Pub. L.

106-256, set out below, and in the following prior appropriation

act:

Pub. L. 106-553, Sec. 1(a)(2) [title V], Dec. 21, 2000, 114 Stat.

2762, 2762A-98.

Pub. L. 106-256, Aug. 7, 2000, 114 Stat. 644, as amended by Pub.

L. 107-206, title I, Sec. 206, Aug. 2, 2002, 116 Stat. 833; Pub. L.

107-372, title III, Sec. 306, Dec. 19, 2002, 116 Stat. 3096,

provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Oceans Act of 2000'.

"SEC. 2. PURPOSE AND OBJECTIVES.

"The purpose of this Act is to establish a commission to make

recommendations for coordinated and comprehensive national ocean

policy that will promote -

"(1) the protection of life and property against natural and

manmade hazards;

"(2) responsible stewardship, including use, of fishery

resources and other ocean and coastal resources;

"(3) the protection of the marine environment and prevention of

marine pollution;

"(4) the enhancement of marine-related commerce and

transportation, the resolution of conflicts among users of the

marine environment, and the engagement of the private sector in

innovative approaches for sustainable use of living marine

resources and responsible use of non-living marine resources;

"(5) the expansion of human knowledge of the marine environment

including the role of the oceans in climate and global

environmental change and the advancement of education and

training in fields related to ocean and coastal activities;

"(6) the continued investment in and development and

improvement of the capabilities, performance, use, and efficiency

of technologies for use in ocean and coastal activities,

including investments and technologies designed to promote

national energy and food security;

"(7) close cooperation among all government agencies and

departments and the private sector to ensure -

"(A) coherent and consistent regulation and management of

ocean and coastal activities;

"(B) availability and appropriate allocation of Federal

funding, personnel, facilities, and equipment for such

activities;

"(C) cost-effective and efficient operation of Federal

departments, agencies, and programs involved in ocean and

coastal activities; and

"(D) enhancement of partnerships with State and local

governments with respect to ocean and coastal activities,

including the management of ocean and coastal resources and

identification of appropriate opportunities for policy-making

and decision-making at the State and local level; and

"(8) the preservation of the role of the United States as a

leader in ocean and coastal activities, and, when it is in the

national interest, the cooperation by the United States with

other nations and international organizations in ocean and

coastal activities.

"SEC. 3. COMMISSION ON OCEAN POLICY.

"(a) Establishment. - There is hereby established the Commission

on Ocean Policy. The Federal Advisory Committee Act (5 U.S.C.

App.), except for sections 3, 7, and 12, does not apply to the

Commission.

"(b) Membership. -

"(1) Appointment. - The Commission shall be composed of 16

members appointed by the President from among individuals

described in paragraph (2) who are knowledgeable in ocean and

coastal activities, including individuals representing State and

local governments, ocean-related industries, academic and

technical institutions, and public interest organizations

involved with scientific, regulatory, economic, and environmental

ocean and coastal activities. The membership of the Commission

shall be balanced by area of expertise and balanced

geographically to the extent consistent with maintaining the

highest level of expertise on the Commission.

"(2) Nominations. - The President shall appoint the members of

the Commission, within 90 days after the effective date of this

Act, including individuals nominated as follows:

"(A) 4 members shall be appointed from a list of 8

individuals who shall be nominated by the Majority Leader of

the Senate in consultation with the Chairman of the Senate

Committee on Commerce, Science, and Transportation.

"(B) 4 members shall be appointed from a list of 8

individuals who shall be nominated by the Speaker of the House

of Representatives in consultation with the Chairmen of the

House Committees on Resources, Transportation and

Infrastructure, and Science.

"(C) 2 members shall be appointed from a list of 4

individuals who shall be nominated by the Minority Leader of

the Senate in consultation with the Ranking Member of the

Senate Committee on Commerce, Science, and Transportation.

"(D) 2 members shall be appointed from a list of 4

individuals who shall be nominated by the Minority Leader of

the House in consultation with the Ranking Members of the House

Committees on Resources, Transportation and Infrastructure, and

Science.

"(3) Chairman. - The Commission shall select a Chairman from

among its members. The Chairman of the Commission shall be

responsible for -

"(A) the assignment of duties and responsibilities among

staff personnel and their continuing supervision; and

"(B) the use and expenditure of funds available to the

Commission.

"(4) Vacancies. - Any vacancy on the Commission shall be filled

in the same manner as the original incumbent was appointed.

"(c) Resources. - In carrying out its functions under this

section, the Commission -

"(1) is authorized to secure directly from any Federal agency

or department any information it deems necessary to carry out its

functions under this Act, and each such agency or department is

authorized to cooperate with the Commission and, to the extent

permitted by law, to furnish such information (other than

information described in section 552(b)(1)(A) of title 5, United

States Code) to the Commission, upon the request of the

Commission;

"(2) may enter into contracts, subject to the availability of

appropriations for contracting, and employ such staff experts and

consultants as may be necessary to carry out the duties of the

Commission, as provided by section 3109 of title 5, United States

Code; and

"(3) in consultation with the Ocean Studies Board of the

National Research Council of the National Academy of Sciences,

shall establish a multidisciplinary science advisory panel of

experts in the sciences of living and non-living marine resources

to assist the Commission in preparing its report, including

ensuring that the scientific information considered by the

Commission is based on the best scientific information available.

"(d) Staffing. - The Chairman of the Commission may, without

regard to the civil service laws and regulations, appoint and

terminate an Executive Director and such other additional personnel

as may be necessary for the Commission to perform its duties. The

Executive Director shall be compensated at a rate not to exceed the

rate payable for Level V of the Executive Schedule under section

5136 of title 5, United States Code. The employment and termination

of an Executive Director shall be subject to confirmation by a

majority of the members of the Commission.

"(e) Meetings. -

"(1) Administration. - All meetings of the Commission shall be

open to the public, except that a meeting or any portion of it

may be closed to the public if it concerns matters or information

described in section 552b(c) of title 5, United States Code.

Interested persons shall be permitted to appear at open meetings

and present oral or written statements on the subject matter of

the meeting. The Commission may administer oaths or affirmations

to any person appearing before it.

"(2) Notice; Minutes; Public Availability of Documents. -

"(A) All open meetings of the Commission shall be preceded by

timely public notice in the Federal Register of the time,

place, and subject of the meeting.

"(B) Minutes of each meeting shall be kept and shall contain

a record of the people present, a description of the discussion

that occurred, and copies of all statements filed. Subject to

section 552 of title 5, United States Code, the minutes and

records of all meetings and other documents that were made

available to or prepared for the Commission shall be available

for public inspection and copying at a single location in the

offices of the Commission.

"(3) Initial meeting. - The Commission shall hold its first

meeting within 30 days after all 16 members have been appointed.

"(4) Required public meetings. - The Commission shall hold at

least one public meeting in Alaska and each of the following

regions of the United States:

"(A) The Northeast (including the Great Lakes).

"(B) The Southeast (including the Caribbean).

"(C) The Southwest (including Hawaii and the Pacific

Territories).

"(D) The Northwest.

"(E) The Gulf of Mexico.

"(f) Report. -

"(1) In general. - By June 20, 2003, the Commission shall

submit to Congress and the President a final report of its

findings and recommendations regarding United States ocean

policy.

"(2) Required matter. - The final report of the Commission

shall include the following assessment, reviews, and

recommendations:

"(A) An assessment of existing and planned facilities

associated with ocean and coastal activities including human

resources, vessels, computers, satellites, and other

appropriate platforms and technologies.

"(B) A review of existing and planned ocean and coastal

activities of Federal entities, recommendations for changes in

such activities necessary to improve efficiency and

effectiveness and to reduce duplication of Federal efforts.

"(C) A review of the cumulative effect of Federal laws and

regulations on United States ocean and coastal activities and

resources and an examination of those laws and regulations for

inconsistencies and contradictions that might adversely affect

those ocean and coastal activities and resources, and

recommendations for resolving such inconsistencies to the

extent practicable. Such review shall also consider conflicts

with State ocean and coastal management regimes.

"(D) A review of the known and anticipated supply of, and

demand for, ocean and coastal resources of the United States.

"(E) A review of and recommendations concerning the

relationship between Federal, State, and local governments and

the private sector in planning and carrying out ocean and

coastal activities.

"(F) A review of opportunities for the development of or

investment in new products, technologies, or markets related to

ocean and coastal activities.

"(G) A review of previous and ongoing State and Federal

efforts to enhance the effectiveness and integration of ocean

and coastal activities.

"(H) Recommendations for any modifications to United States

laws, regulations, and the administrative structure of

Executive agencies, necessary to improve the understanding,

management, conservation, and use of, and access to, ocean and

coastal resources.

"(I) A review of the effectiveness and adequacy of existing

Federal interagency ocean policy coordination mechanisms, and

recommendations for changing or improving the effectiveness of

such mechanisms necessary to respond to or implement the

recommendations of the Commission.

"(3) Consideration of factors. - In making its assessment and

reviews and developing its recommendations, the Commission shall

give equal consideration to environmental, technical feasibility,

economic, and scientific factors.

"(4) Limitations. - The recommendations of the Commission shall

not be specific to the lands and waters within a single State.

"(g) Public and Coastal State Review. -

"(1) Notice. - Before submitting the final report to the

Congress, the Commission shall -

"(A) publish in the Federal Register a notice that a draft

report is available for public review; and

"(B) provide a copy of the draft report to the Governor of

each coastal State, the Committees on Resources, Transportation

and Infrastructure, and Science of the House of

Representatives, and the Committee on Commerce, Science, and

Transportation of the Senate.

"(2) Inclusion of governors' comments. - The Commission shall

include in the final report comments received from the Governor

of a coastal State regarding recommendations in the draft report.

"(h) Administrative Procedure for Report and Review. - Chapter 5

and chapter 7 of title 5, United States Code, do not apply to the

preparation, review, or submission of the report required by

subsection (e) or the review of that report under subsection (f).

"(i) Termination. - The Commission shall cease to exist 90 days

after the date on which it submits its final report.

"(j) Authorization of Appropriations. - There are authorized to

be appropriated to carry out this section a total of $8,500,000 for

the 3 fiscal-year period beginning with fiscal year 2001, such sums

to remain available until expended.

"SEC. 4. NATIONAL OCEAN POLICY.

"(a) National Ocean Policy. - Within 90 days after receiving and

considering the report and recommendations of the Commission under

section 3, the President shall submit to Congress a statement of

proposals to implement or respond to the Commission's

recommendations for a coordinated, comprehensive, and long-range

national policy for the responsible use and stewardship of ocean

and coastal resources for the benefit of the United States. Nothing

in this Act authorizes the President to take any administrative or

regulatory action regarding ocean or coastal policy, or to

implement a reorganization plan, not otherwise authorized by law in

effect at the time of such action.

"(b) Cooperation and Consultation. - In the process of developing

proposals for submission under subsection (a), the President shall

consult with State and local governments and non-Federal

organizations and individuals involved in ocean and coastal

activities.

"SEC. 5. BIENNIAL REPORT.

"[Enacted this section.]

"SEC. 6. DEFINITIONS.

"In this Act:

"(1) Marine environment. - The term 'marine environment'

includes -

"(A) the oceans, including coastal and offshore waters;

"(B) the continental shelf; and

"(C) the Great Lakes.

"(2) Ocean and coastal resource. - The term 'ocean and coastal

resource' means any living or non-living natural, historic, or

cultural resource found in the marine environment.

"(3) Commission. - The term 'Commission' means the Commission

on Ocean Policy established by section 3.

"SEC. 7. EFFECTIVE DATE.

"This Act shall become effective on January 20, 2001."

[Pub. L. 107-206, title I, Sec. 206, Aug. 2, 2002, 116 Stat. 833,

which directed the amendment of section (3)(f)(1) of Pub. L.

106-256, set out above, by striking "within 18 months of the

establishment of the Commission" and inserting "by June 20, 2003",

was executed by striking "Within 18 months after the establishment

of the Commission" and inserting "By June 20, 2003", to reflect the

probable intent of Congress.]

-End-

-CITE-

33 USC Sec. 857-20 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 857-20. Coordination

-STATUTE-

Not later than February 15 of each year, the Under Secretary of

Commerce for Oceans and Atmosphere and the Director of the National

Science Foundation shall jointly submit to the Committees on

Resources and Science of the House of Representatives and the

Committee on Commerce, Science, and Transportation of the Senate a

report on how the oceans and coastal research activities of the

National Oceanic and Atmospheric Administration, including the

Coastal Ocean Program and the National Sea Grant College Program,

and of the National Science Foundation will be coordinated during

the fiscal year following the fiscal year in which the report is

submitted. The report shall describe in detail any overlapping

ocean and coastal research interests between the agencies and

specify how such research interests will be pursued by the programs

in a complementary manner.

-SOURCE-

(Pub. L. 107-299, Sec. 9, Nov. 26, 2002, 116 Stat. 2348.)

-End-

-CITE-

33 USC Secs. 857a, 858 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 857a, 858. Repealed. Pub. L. 107-372, title II, Sec. 271(2),

(4), Dec. 19, 2002, 116 Stat. 3094

-MISC1-

Section 857a, acts Aug. 10, 1956, ch. 1041, Sec. 3, 70A Stat.

619; Pub. L. 85-861, Sec. 3, Sept. 2, 1958, 72 Stat. 1546; Pub. L.

86-160, Sec. 2, Aug. 14, 1959, 73 Stat. 358; Pub. L. 87-233, Sec.

4, Sept. 14, 1961, 75 Stat. 507; Pub. L. 87-649, Sec. 9(a), Sept.

7, 1962, 76 Stat. 495; Pub. L. 88-132, Sec. 5(k), Oct. 2, 1963, 77

Stat. 214; Pub. L. 88-431, Sec. 1(c)(1), Aug. 14, 1964, 78 Stat.

439; Pub. L. 89-538, Sec. 3(a), Aug. 14, 1966, 80 Stat. 348; Pub.

L. 92-425, Sec. 5, Sept. 21, 1972, 86 Stat. 713; Pub. L. 96-215,

Sec. 1, Mar. 25, 1980, 94 Stat. 123; Pub. L. 96-357, Sec. 4, Sept.

24, 1980, 94 Stat. 1182; Pub. L. 96-513, title V, Sec. 507(f)(1),

Dec. 12, 1980, 94 Stat. 2920; Pub. L. 98-94, title X, Sec. 1007(d),

Sept. 24, 1983, 97 Stat. 662; Pub. L. 104-106, div. A, title V,

Sec. 566(a), (b), Feb. 10, 1996, 110 Stat. 327; Pub. L. 105-85,

div. A, title VI, Sec. 653(b), title X, Sec. 1073(f), Nov. 18,

1997, 111 Stat. 1804, 1906; Pub. L. 107-107, div. A, title VI, Sec.

653(b), Dec. 28, 2001, 115 Stat. 1153, related to applicability of

certain provisions of Title 10, Armed Forces. See section 3071 of

this title.

Section 858, acts May 22, 1917, ch. 20, Sec. 16, 40 Stat. 88;

July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; 1965

Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318;

Pub. L. 89-657, Sec. 1(2), Oct. 14, 1966, 80 Stat. 907; 1970 Reorg.

Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090,

related to rules and regulations when cooperating with military

departments. See section 3063 of this title.

-End-

-CITE-

33 USC Sec. 859 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 859. Repealed. June 16, 1942, ch. 413, Sec. 19, 56 Stat. 369,

eff. June 1, 1942

-MISC1-

Section, act June 10, 1922, ch. 212, 42 Stat. 625-633, related to

pay and allowances of commissioned officers.

-End-

-CITE-

33 USC Sec. 860 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 860. Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76

Stat. 499

-MISC1-

Section, act May 18, 1920, ch. 190, Sec. 11 (words before the

first semicolon), 41 Stat. 603, made pay and allowances of naval

officers applicable to Coast and Geodetic Survey generally.

-End-

-CITE-

33 USC Sec. 861 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 861. Omitted

-COD-

CODIFICATION

Section, acts Feb. 27, 1925, ch. 364, title III, 43 Stat. 1046;

Apr. 29, 1926, ch. 195, title III, 44 Stat. 362, related to

expenses of officers of the Coast and Geodetic Survey when

traveling on Government owned vessels. See sections 404 to 411 of

Title 37, Pay and Allowances of the Uniformed Services.

-End-

-CITE-

33 USC Sec. 861a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 861a. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat.

641

-MISC1-

Section, act May 18, 1920, ch. 190, Sec. 12, 41 Stat. 604,

related to transportation for families of officers and enlisted men

on permanent change of station.

-End-

-CITE-

33 USC Secs. 861b, 861c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 861b, 861c. Omitted

-COD-

CODIFICATION

Section 861b, act Feb. 21, 1929, ch. 288, 45 Stat. 1254, defined

the terms "child" and "children" as formerly used in section 861a

of this title, and has been omitted in view of the repeal of

section 861a.

Section 861c, act June 24, 1935, ch. 291, Sec. 3, 49 Stat. 421,

defined the phrase "permanent change in station" as formerly used

in section 861a of this title, and has been omitted in view of the

repeal of section 861a.

-End-

-CITE-

33 USC Sec. 862 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 862. Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76

Stat. 498

-MISC1-

Section, acts Mar. 4, 1907, ch. 2918, Sec. 1, 34 Stat. 1322; Mar.

4, 1913, ch. 141, Sec. 1, 37 Stat. 736; June 21, 1955, ch. 172,

Sec. 1, 69 Stat. 169; Sept. 26, 1961, Pub. L. 87-304, Sec. 9(b), 75

Stat. 665, authorized commissioned officers of the Coast and

Geodetic Survey to make assignments or allotments of their pay. See

section 706 of Title 37, Pay and Allowances of the Uniformed

Services.

-End-

-CITE-

33 USC Sec. 862a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 862a. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat.

641

-MISC1-

Section, acts Mar. 2, 1923, ch. 178, title I, 42 Stat. 1385; Aug.

4, 1949, ch. 393, Sec. 11, 63 Stat. 559, prohibited the issuance of

heat or light in kind to any person in the Coast and Geodetic

Survey while such person is receiving an allowance for rental of

quarters.

-End-

-CITE-

33 USC Sec. 863 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 863. Repealed. June 21, 1955, ch. 172, Sec. 5(4), 69 Stat. 170

-MISC1-

Section, acts Mar. 4, 1909, ch. 299, Sec. 1, 35 Stat. 974; Mar.

4, 1913, ch. 141, Sec. 1, 37 Stat. 736, related to leaves of

absence of officers of the Coast and Geodetic Survey on duty in the

Philippine Islands.

-End-

-CITE-

33 USC Sec. 864 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 864. Repealed. Pub. L. 107-372, title II, Sec. 271(6), Dec.

19, 2002, 116 Stat. 3094

-MISC1-

Section, act May 18, 1920, ch. 190, Sec. 11, 41 Stat. 603; 1965

Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318;

1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.

2090, provided that laws concerning retirement of commissioned

Naval officers would apply to commissioned National Oceanic and

Atmospheric Administration officers.

-End-

-CITE-

33 USC Sec. 864a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 864a. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat.

641

-MISC1-

Section, act May 18, 1920, ch. 190, Secs. 11 (proviso), 14, 41

Stat. 604, related to service credits in computing longevity pay of

officers of the Coast and Geodetic Survey.

-End-

-CITE-

33 USC Secs. 864b, 864c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 864b, 864c. Repealed. June 3, 1948, ch. 390, Sec. 22(a),

formerly Sec. 21(a), 62 Stat. 300; renumbered Sec. 22(a), Sept.

14, 1961, Pub. L. 87-233, Sec. 1(f), 75 Stat. 506

-MISC1-

Section 864b, act Jan. 19, 1942, ch. 6, Sec. 5, 56 Stat. 7,

related to retirement of officers. See, sections 1401 et seq., 6321

et seq., and 6371 et seq. of Title 10, Armed Forces.

Section 864c, act Jan. 19, 1942, ch. 6, Sec. 7, 56 Stat. 8,

related to pay of officers retired upon recommendation of Personnel

Board.

-End-

-CITE-

33 USC Sec. 864d 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 864d. Repealed. Oct. 12, 1949, ch. 681, title V, Sec.

531(b)(31), 63 Stat. 839, eff. Oct. 1, 1949

-MISC1-

Section, acts Jan. 19, 1942, ch. 6, Sec. 7, 56 Stat. 8; June 3,

1948, ch. 390, Sec. 22(b), formerly Sec. 21(b), 62 Stat. 300;

renumbered Sec. 22(b), Sept. 14, 1961, Pub. L. 87-233, Sec. 1(f),

75 Stat. 506, related to rank or pay of officers retired for duty

incurred disability. See sections 1201 et seq., 1371 et seq., and

1401 et seq. of Title 10, Armed Forces.

-End-

-CITE-

33 USC Sec. 864e 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 864e. Repealed. Pub. L. 86-465, Sec. 1, May 13, 1960, 74 Stat.

130

-MISC1-

Section, acts June 6, 1942, ch. 383, 56 Stat. 328; Aug. 4, 1949,

ch. 393, Sec. 15, 63 Stat. 560; Oct. 12, 1949, ch. 681, title V,

Sec. 522(b), 63 Stat. 836, provided that certain commissioned

officers of the Coast and Geodetic Survey who have been specially

commended for performance of duty in actual combat prior to Dec.

31, 1946, shall, upon retirement, be placed upon the retired list

one grade higher than the grade in which they were serving at the

time of retirement.

EFFECTIVE DATE OF REPEAL

Section 2 of Pub. L. 86-465 provided that: "This Act [repealing

this section] becomes effective on November 1, 1959."

-End-

-CITE-

33 USC Sec. 865 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 865. Omitted

-COD-

CODIFICATION

Section, acts May 28, 1924, ch. 203, 43 Stat. 194; Feb. 11, 1925,

ch. 209, 43 Stat. 872; May 21, 1926, ch. 355, 44 Stat. 604, related

to computation of length of service of officers and expired with

the appropriation acts of which it was a part.

-End-

-CITE-

33 USC Sec. 866 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 866. Repealed. Aug. 6, 1947, ch. 504, Sec. 10(1), 61 Stat. 788

-MISC1-

Section, act Jan. 31, 1925, ch. 121, 43 Stat. 802, related to

seismological investigations. See section 883a of this title.

-End-

-CITE-

33 USC Secs. 867, 868 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 867, 868. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(39), (60),

65 Stat. 702, 703

-MISC1-

Section 867, act June 5, 1920, ch. 235, Sec. 1, 41 Stat. 930,

related to transfer of instruments to institutions.

Section 868, act July 1, 1918, ch. 113, Sec. 1, 40 Stat. 688,

related to purchase of supplies or procurement of services in the

field. See section 5 of Title 41, Public Contracts.

-End-

-CITE-

33 USC Sec. 868a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 868a. Omitted

-COD-

CODIFICATION

Section, act Jan. 19, 1942, ch. 6, Sec. 10, 56 Stat. 8; 1965

Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318;

Oct. 14, 1966, Pub. L. 89-657, Sec. 2, 80 Stat. 907; 1970 Reorg.

Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090,

related to the purchase of commissary and quartermaster supplies by

personnel from the National Oceanic and Atmospheric Administration,

and has been superseded by former section 857-4 of this title and

section 3074 of this title.

-End-

-CITE-

33 USC Sec. 869 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 869. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313 58

Stat. 714

-MISC1-

Section, act Apr. 26, 1939, ch. 92, Sec. 2, 53 Stat. 620, as

affected by 1939 Reorg. Plan No. I, Secs. 201, 205, eff. July 1,

1939, 4 F.R. 2728, 53 Stat. 1424, provided for medical, dental,

etc., treatment of Coast and Geodetic Survey's personnel and their

families. See section 253 of Title 42, The Public Health and

Welfare.

RENUMBERING OF REPEALING ACT

Section 611 of act July 1, 1944, which repealed this section, was

renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat.

1049, Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat.

47, Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat.

720, Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat.

919, Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 5, 1965, 79 Stat.

931, Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84

Stat. 1506, Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972,

86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16,

1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b),

Dec. 29, 1973, 87 Stat. 936.

-End-

-CITE-

33 USC Sec. 870 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 870. Repealed. Aug. 1, 1956, ch. 837, title V, Sec. 502(7), 70

Stat. 886.

-MISC1-

Section, acts Jan. 19, 1942, ch. 6, Sec. 9, 56 Stat. 8; Mar. 29,

1944, ch. 141, Sec. 4, 58 Stat. 130; July 15, 1954, ch. 507, Sec.

15, 68 Stat. 481, provided for payment of death gratuity to

survivors of commissioned officers of Coast and Geodetic Survey.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 1, 1957, see section 603(a) of act Aug. 1,

1956.

-End-

-CITE-

33 USC Sec. 871 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 871. Repealed. Dec. 28, 1945, ch. 597, Sec. 4, 59 Stat. 662

-MISC1-

Section, act Oct. 27, 1943, ch. 287, Sec. 6, 57 Stat. 583,

provided for reimbursement for property lost or destroyed in

service while serving with the Navy.

-End-

-CITE-

33 USC Sec. 872 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 872. Omitted

-COD-

CODIFICATION

Section, Pub. L. 86-451, title I, Sec. 301, May 13, 1960, 74

Stat. 94, which prescribed the rate of extra compensation for

recorders, instrument observers and other Federal employees while

making oceanographic observations or tending seismographs, was from

an appropriation act. See section 873 of this title, which

authorizes Secretary of Commerce to establish rates of compensation

for such personnel.

-End-

-CITE-

33 USC Sec. 873 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 873. Extra compensation for instrument observers, recorders

and other Federal employees for oceanographic, seismographic and

magnetic observations

-STATUTE-

The Secretary of Commerce is authorized to pay extra compensation

to members of crews of vessels when assigned duties as instrument

observer or recorder, and to employees of other Federal agencies

while observing tides or currents, or tending seismographs or

magnetographs, at such rates as may be specified from time to time

by him and without regard to section 5533 of title 5.

-SOURCE-

(July 22, 1947, ch. 286, Sec. 2, 61 Stat. 400; Pub. L. 86-397, Sec.

1, Mar. 28, 1960, 74 Stat. 11; Pub. L. 88-448, title IV, Sec.

401(l), Aug. 19, 1964, 78 Stat. 491.)

-COD-

CODIFICATION

"Section 5533 of title 5" substituted in text for "section 301 of

the Dual Compensation Act [5 U.S.C. 3105]" on authority of Pub. L.

89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section

of which enacted Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1964 - Pub. L. 88-448 inserted "and without regard to section 301

of the Dual Compensation Act".

1960 - Pub. L. 86-397 substituted "Secretary of Commerce" for

"Coast and Geodetic Survey" and "instrument observer or recorder"

for "bombers or fathometer readers," inserted reference to

employees tending magnetographs, and authorized Secretary to

establish rates of compensation.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-448 effective on first day of first month

which begins later than the ninetieth day following Aug. 19, 1964,

see section 403 of Pub. L. 88-448.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5533.

-End-

-CITE-

33 USC Sec. 874 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 874. Repealed. Pub. L. 107-372, title II, Sec. 271(5), Dec.

19, 2002, 116 Stat. 3094

-MISC1-

Section, act July 22, 1947, ch. 286, Sec. 1, 61 Stat. 400; 1965

Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318;

1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.

2090, related to transportation of deceased officers' effects and

reimbursement for supplies furnished distressed and shipwrecked

persons. See section 3075 of this title.

-End-

-CITE-

33 USC Sec. 875 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 875. Powers of officers as notaries

-STATUTE-

In places where the National Oceanic and Atmospheric

Administration is serving which are not within the jurisdiction of

any one of the States of the continental United States, excluding

Alaska, commanding officers of National Oceanic and Atmospheric

Administration vessels, and such other officers of the National

Oceanic and Atmospheric Administration as the Secretary of Commerce

may designate, may exercise the general powers of the notary public

in the administration of oaths for the execution, acknowledgment,

and attestation of instruments and papers, and the performance of

all other notarial acts. The powers conferred shall be limited to

acts performed in behalf of the personnel of the National Oceanic

and Atmospheric Administration or in connection with the proper

execution of the functions of that agency.

-SOURCE-

(Aug. 3, 1956, ch. 932, Sec. 1, 70 Stat. 988; Pub. L. 86-624, Sec.

24, July 12, 1960, 74 Stat. 418; 1965 Reorg. Plan No. 2, eff. July

13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff.

Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-624 substituted "the States of the continental

United States, excluding Alaska" for "the several States".

-TRANS-

TRANSFER OF FUNCTIONS

Coast and Geodetic Survey consolidated with Weather Bureau to

form a new agency in Department of Commerce to be known as

Environmental Science Services Administration, and commissioned

officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of

1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a

note under section 851 of this title. The Reorg. Plan also

transferred to Secretary of Commerce all functions of Coast and

Geodetic Survey and Director of Survey. Subsequently, Environmental

Science Services Administration abolished, National Oceanic and

Atmospheric Administration established, and Commissioned Officer

Corps of ESSA redesignated Commissioned Officer Corps of NOAA by

Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84

Stat. 2090, set out in the Appendix to Title 5, Government

Organization and Employees. For further details, see note set out

under section 851 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 876 of this title.

-End-

-CITE-

33 USC Sec. 876 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 876. Fees for notarial acts; prima facie evidence of authority

-STATUTE-

No fee of any kind shall be paid to any officer for the

performance of any notarial act authorized by section 875 of this

title. The signature without seal together with indication of grade

of any officer performing any notarial act shall be prima facie

evidence of his authority.

-SOURCE-

(Aug. 3, 1956, ch. 932, Sec. 2, 70 Stat. 988.)

-End-

-CITE-

33 USC Sec. 877 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 877. Appropriations; advances from

-STATUTE-

Advances of money from available appropriations may be made to

the National Ocean Survey and by authority of the Director thereof

to chiefs of parties and accounts arising under such advances shall

be rendered through and by the disbursing officer of the National

Ocean Survey to the General Accounting Office as under advances

made to chiefs of parties prior to July 1, 1918.

-SOURCE-

(July 1, 1918, ch. 113, Sec. 1, 40 Stat. 688; June 5, 1920, ch.

235, Sec. 1, 41 Stat. 929; June 10, 1921, ch. 18, title III, Sec.

304, 42 Stat. 24; Pub. L. 92-310, title II, Sec. 231(z), June 6,

1972, 86 Stat. 212.)

-COD-

CODIFICATION

Section was a provision of the Sundry Civil Appropriation Act of

July 1, 1918.

Section was formerly classified to section 550 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877.

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-310 struck out provisions which required chiefs

of parties to give bonds.

-TRANS-

TRANSFER OF FUNCTIONS

Coast and Geodetic Survey consolidated with National Weather

Bureau to form Environmental Science Services Administration by

Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79

Stat. 1318. Environmental Science Services Administration abolished

and its personnel, property, records, etc., transferred to National

Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of

1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of

Acting Associate Administrator of National Oceanic and Atmospheric

Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic

Survey redesignated National Ocean Survey. For further details, see

note set out under section 851 of this title.

"General Accounting Office" substituted in text for "Treasury

Department" pursuant to act June 10, 1921, which transferred all

powers and duties of Comptroller, six auditors, and certain other

employees of Treasury to General Accounting Office. See section 701

et seq. of Title 31, Money and Finance.

-End-

-CITE-

33 USC Sec. 878 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 878. Appropriations; purchases from

-STATUTE-

The Secretary of Commerce is authorized to purchase, from the

appropriation for the National Ocean Survey, provisions, clothing,

and small stores for the enlisted men, and food supplies for field

parties working in remote localities, such provisions, clothing,

small stores, and food supplies to be sold to the employees of said

survey and the appropriation reimbursed.

-SOURCE-

(Mar. 3, 1901, ch. 853, Sec. 1, 31 Stat. 1144; Feb. 14, 1903, ch.

552, Sec. 4, 32 Stat. 826.)

-COD-

CODIFICATION

Section was a provision of the Sundry Civil Appropriation Act of

Mar. 3, 1901.

Upon incorporation into the Code, the words "Secretary of

Commerce" were substituted for "Secretary of the Treasury" to

conform to act Feb. 14, 1903.

Section was formerly classified to section 661 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877.

-TRANS-

TRANSFER OF FUNCTIONS

Coast and Geodetic Survey consolidated with National Weather

Bureau to form Environmental Science Services Administration by

Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79

Stat. 1318. Environmental Science Services Administration abolished

and its personnel, property, records, etc., transferred to National

Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of

1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of

Acting Associate Administrator of National Oceanic and Atmospheric

Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic

Survey redesignated National Ocean Survey. For further details, see

note set out under section 851 of this title.

-End-

-CITE-

33 USC SUBCHAPTER II - SURVEYS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

SUBCHAPTER II - SURVEYS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 892, 892a of this

title.

-End-

-CITE-

33 USC Secs. 881 to 883 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Secs. 881 to 883. Repealed. Aug. 6, 1947, ch. 504, Sec. 10(2)-(5),

61 Stat. 788

-MISC1-

Section 881, R.S. Sec. 4681, related to authority of the

President to order surveys of coasts of the United States. See

section 883a of this title.

Section 882, R.S. Sec. 4682, related to additional authority to

order surveys beyond twenty-league limit. See section 883a of this

title.

Section 883, R.S. Secs. 4683, 4684, related to mode of conducting

surveys generally. See sections 883a and 883b of this title.

-End-

-CITE-

33 USC Sec. 883a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 883a. Surveys and other activities

-STATUTE-

To provide charts and related information for the safe navigation

of marine and air commerce, and to provide basic data for

engineering and scientific purposes and for other commercial and

industrial needs, the Secretary of Commerce, is authorized to

conduct the following activities:

(1) Hydrographic and topographic surveys;

(2) Tide and current observations;

(3) Geodetic-control surveys;

(4) Field surveys for aeronautical charts;

(5) Geomagnetic, seismological, gravity, and related geophysical

measurements and investigations, and observations for the

determination of variation in latitude and longitude.

-SOURCE-

(Aug. 6, 1947, ch. 504, Sec. 1, 61 Stat. 787; Pub. L. 86-409, Apr.

5, 1960, 74 Stat. 16; 1965 Reorg. Plan No. 2, eff. July 13, 1965,

30 F.R. 8819, 79 Stat. 1318.)

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-409 struck out provisions which restricted the

Coast and Geodetic Survey in the conduct of its specified

activities to the United States, its Territories and possessions,

and which restricted hydrographic and topographic surveys to

surveys of coastal water and land areas (including offlying

islands, banks, shoals, and other offshore areas), and to surveys

of lakes, rivers, reservoirs, and other inland waters not otherwise

provided for by statute.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary and other officers of Department of

Commerce under sections 883a to 883h of this title that relate to

the Office of Aeronautical Charting and Cartography to provide

aeronautical charts, products, and services for safe and efficient

navigation of air commerce transferred to Administrator of Federal

Aviation Administration effective Oct. 1, 2000, see section

44721(c)(1) of Title 49, Transportation.

Office of Director of Coast and Geodetic Survey abolished and

Coast and Geodetic Survey consolidated with Weather Bureau to form

a new agency in Department of Commerce to be known as Environmental

Science Services Administration, by Reorg. Plan No. 2 of 1965, eff.

July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under

section 851 of this title. The Reorg. Plan also transferred to

Secretary of Commerce all functions of Coast and Geodetic Survey

and Director. For further details, see note set out under section

851 of this title.

-MISC2-

GREAT LAKES MAPPING

Pub. L. 100-220, title III, subtitle B, Dec. 29, 1987, 101 Stat.

1475, as amended by Pub. L. 100-629, Sec. 3, Nov. 7, 1988, 102

Stat. 3286, provided that:

"SEC. 3201. SHORT TITLE.

"This subtitle may be cited as the 'Great Lakes Shoreline Mapping

Act of 1987'.

"SEC. 3202. GREAT LAKES SHORELINE MAPPING PLAN.

"(a) Preparation of Plan. - Not later than nine months after the

date of the enactment of this subtitle [Dec. 29, 1987], the

Director, in consultation with the Director of the United States

Geological Survey, shall submit to the Congress a plan for

preparing maps of the shoreline of the Great Lakes under section

3203.

"(b) Content of Plan. - A plan prepared under paragraph (1) shall

include -

"(1) a work proposal and a division of responsibilities between

the National Oceanic and Atmospheric Administration and the

United States Geological Survey;

"(2) a time schedule for completion of maps;

"(3) recommendation of funding needed for preparing the maps;

and

"(4) an area mapping schedule, with first priority given to

shoreline areas subject to a high risk of erosion or flooding.

"SEC. 3203. PREPARATION OF GREAT LAKES SHORELINE MAPS.

"(a) In General. - The [sic] following completion of a shoreline

mapping plan under section 3202 and subject to authorization and

appropriation of funds, the Director, in consultation with the

Director of the United States Geological Survey, shall prepare maps

of the shoreline areas of the Great Lakes.

"(b) Content of Maps. - Maps prepared under this section -

"(1) shall include -

"(A) bathymetry of the nearshore area, to the extent that

this area will affect coastal erosion and flooding;

"(B) topography of the adjacent shoreline, to the extent that

this area will directly affect or be affected by coastal

erosion and flooding;

"(C) the geological conditions of the nearshore area and

shoreline to the extent that these areas will directly affect

or be affected by coastal erosion and flooding;

"(D) information on the recent geological past of the

nearshore area and shoreline areas described in paragraph (3);

and

"(E) appropriate information for use in predicting and

preventing damage caused by erosion and flooding in the Great

Lakes;

"(2) shall be of appropriate scale and detail and take into

account the greater informational needs of areas subject to a

high risk of erosion or flooding; and

"(3) to the maximum extent practicable, shall be consistent

with similar shoreline maps prepared by, or for the use of, the

Government of Canada.

"(c) Consultation. - In preparing maps under this section, the

Director shall consult with, and take into consideration, the

informational needs of -

"(1) the Army Corps of Engineers;

"(2) the Federal Emergency Management Agency;

"(3) other appropriate Federal agencies;

"(4) the States of Illinois, Indiana, Michigan, Minnesota, New

York, Ohio, Pennsylvania, and Wisconsin;

"(5) appropriate local government units; and

"(6) the general public.

"(d) Availability of Maps. - The Director shall make maps

prepared under this section available to -

"(1) Federal agencies;

"(2) State governments;

"(3) local government units;

"(4) the Government of Canada; and

"(5) the general public.

"(e) Recovery of Costs. - The costs of reproducing and

distributing maps prepared under this section may be recovered

under section 9701 of title 31, United States Code, or another law.

"SEC. 3204. CONTRACT AUTHORITY.

"The Director may, subject to appropriations, enter into

contracts and agreements on a reimbursable or cost-sharing basis

with other Federal agencies, State governments, local governments,

and private entities, to carry out this subtitle.

"SEC. 3205. DEFINITIONS.

"For purposes of this subtitle -

"(1) The term 'Director' means the Director of Charting and

Geodetic Services of the National Ocean Service, within the

National Oceanic and Atmospheric Administration.

"(2) The term 'Great Lakes' means Lake Erie, Lake Huron, Lake

Michigan, Lake Ontario, Lake St. Clair, Lake Superior, the Saint

Mary's River, the Saint Clair River, the Detroit River, the

Niagara River, the Saint Lawrence River to the Canadian border,

to the extent such lakes and rivers are subject to the

jurisdiction of the United States.

"(3) The term 'high risk of erosion' means subject to erosion

at a rate greater than 1 foot per year.

"SEC. 3206. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated to carry out section

3202 not more than $100,000 for fiscal year 1989. Amounts

appropriated pursuant to this section shall remain available until

expended."

[For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 44721.

-End-

-CITE-

33 USC Sec. 883b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 883b. Dissemination of data; further activities

-STATUTE-

In order that full public benefit may be derived from the

operations of the National Ocean Survey by the dissemination of

data resulting from the activities herein authorized and of related

data from other sources, the Secretary of Commerce is authorized to

conduct the following activities:

(1) Analysis and prediction of tide and current data;

(2) Processing and publication of data, information,

compilations, and reports;

(3) Compilation and printing of nautical charts;

(4) Distribution of nautical charts and related navigational

publications.

-SOURCE-

(Aug. 6, 1947, ch. 504, Sec. 2, 61 Stat. 787; 1965 Reorg. Plan No.

2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg.

Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub.

L. 106-181, title VI, Sec. 605(a), Apr. 5, 2000, 114 Stat. 154.)

-MISC1-

AMENDMENTS

2000 - Par. (3). Pub. L. 106-181, Sec. 605(a)(1), (2),

redesignated par. (4) as (3), substituted "charts;" for "charts of

the United States, its Territories, and possessions;" and struck

out former par. (3) which read as follows: "Compilation and

printing of aeronautical charts of the United States, its

Territories, and possessions; and, in addition, the compilation and

printing of such aeronautical charts covering international airways

as are required primarily by United States Civil aviation;".

Par. (4). Pub. L. 106-181, Sec. 605(a)(1), (3), redesignated par.

(6) as (4) and substituted "publications" for "publications for the

United States, its Territories, and possessions". Former par. (4)

redesignated (3).

Par. (5). Pub. L. 106-181, Sec. 605(a)(1), struck out par. (5)

which read as follows: "Distribution of aeronautical charts and

related navigational publications required by United States civil

aviation;".

Par. (6). Pub. L. 106-181, Sec. 605(a)(1), redesignated par. (6)

as (4).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of Title 49, Transportation.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Director of Coast and Geodetic Survey abolished and

Coast and Geodetic Survey consolidated with Weather Bureau to form

a new agency in Department of Commerce to be known as Environmental

Science Services Administration, by Reorg. Plan No. 2 of 1965, eff.

July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under

section 851 of this title. The Reorg. Plan also transferred to

Secretary of Commerce all functions of Coast and Geodetic Survey

and Director. Subsequently, Environmental Science Services

Administration abolished and National Oceanic and Atmospheric

Administration established by Reorg. Plan No. 4 of 1970, eff. Oct.

3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to

Title 5, Government Organization and Employees. By Department

Organization Order 25-5A, Secretary delegated to NOAA his functions

under this chapter of the Code. By order of Acting Associate

Administrator of NOAA, organizational name of Coast and Geodetic

Survey changed to National Ocean Survey. For further details, see

note set out under section 851 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 44721.

-End-

-CITE-

33 USC Sec. 883c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 883c. Geomagnetic data; collection, correlation, and

dissemination

-STATUTE-

To provide for the orderly collection of geomagnetic data from

domestic and foreign sources, and to assure that such data shall be

readily available to Government and private agencies and

individuals, the National Ocean Survey is designated as the central

depository of the United States Government for geomagnetic data,

and the Secretary of Commerce is authorized to collect, correlate,

and disseminate such data.

-SOURCE-

(Aug. 6, 1947, ch. 504, Sec. 3, 61 Stat. 787; 1965 Reorg. Plan No.

2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg.

Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Office of Director of Coast and Geodetic Survey abolished and

Coast and Geodetic Survey consolidated with Weather Bureau to form

a new agency in Department of Commerce to be known as Environmental

Science Services Administration, by Reorg. Plan No. 2 of 1965, eff.

July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under

section 851 of this title. The Reorg. Plan also transferred to

Secretary of Commerce all functions of Coast and Geodetic Survey

and Director. Subsequently, Environmental Science Services

Administration abolished and National Oceanic and Atmospheric

Administration established by Reorg. Plan No. 4 of 1970, eff. Oct.

3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to

Title 5, Government Organization and Employees. By Department

Organization Order 25-5A, Secretary delegated to NOAA his functions

under this chapter of the Code. By order of Acting Associate

Administrator of NOAA, organizational name of Coast and Geodetic

Survey changed to National Ocean Survey. For further details, see

note set out under section 851 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 44721.

-End-

-CITE-

33 USC Sec. 883d 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 883d. Improvement of methods, instruments, and equipments;

investigations and research

-STATUTE-

To improve the efficiency of the National Ocean Survey and to

increase engineering and scientific knowledge, the Secretary of

Commerce is authorized to conduct developmental work for the

improvement of surveying and cartographic methods, instruments, and

equipments; and to conduct investigations and research in

geophysical sciences (including geodesy, oceanography, seismology,

and geomagnetism).

-SOURCE-

(Aug. 6, 1947, ch. 504, Sec. 4, 61 Stat. 788; 1965 Reorg. Plan No.

2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg.

Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Office of Director of Coast and Geodetic Survey abolished and

Coast and Geodetic Survey consolidated with Weather Bureau to form

a new agency in Department of Commerce to be known as Environmental

Science Services Administration, by Reorg. Plan No. 2 of 1965, eff.

July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under

section 851 of this title. The Reorg. Plan also transferred to

Secretary of Commerce all functions of Coast and Geodetic Survey

and Director. Subsequently, Environmental Science Services

Administration abolished and National Oceanic and Atmospheric

Administration established by Reorg. Plan No. 4 of 1970, eff. Oct.

3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to

Title 5, Government Organization and Employees. By Department

Organization Order 25-5A, Secretary delegated to NOAA his functions

under this chapter of the Code. By order of Acting Associate

Administrator of NOAA, organizational name of Coast and Geodetic

Survey changed to National Ocean Survey. For further details, see

note set out under section 851 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 44721.

-End-

-CITE-

33 USC Sec. 883e 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 883e. Agreements for surveys and investigations; contribution

of costs incurred by National Oceanic and Atmospheric

Administration

-STATUTE-

(1) The Secretary of Commerce is authorized to enter into

cooperative agreements, or any other agreements, with, and to

receive and expend funds made available by, any State or

subdivision thereof, any Federal agency, or any public or private

organization, or individual, for surveys or investigations

authorized herein, or for performing related surveying and mapping

activities, including special-purpose maps, and for the preparation

and publication of the results thereof.

(2) The Secretary of Commerce is authorized to establish the

terms of any agreement entered into under this section, including

the amount of funds to be received, and may contribute that portion

of the costs incurred by the National Oceanic and Atmospheric

Administration, including shiptime and personnel expenses, which

the Secretary determines represents the amount of benefits derived

by the Administration from the agreement.

-SOURCE-

(Aug. 6, 1947, ch. 504, Sec. 5, 61 Stat. 788; 1965 Reorg. Plan No.

2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 99-272,

title VI, Sec. 6085, Apr. 7, 1986, 100 Stat. 138; Pub. L. 106-181,

title VI, Sec. 605(b), Apr. 5, 2000, 114 Stat. 154.)

-MISC1-

AMENDMENTS

2000 - Par. (1). Pub. L. 106-181, Sec. 605(b)(1), substituted

"cooperative agreements, or any other agreements," for "cooperative

agreements".

Par. (2). Pub. L. 106-181, Sec. 605(b)(2), which directed the

striking of "cooperative", was executed by striking "cooperative"

before "agreement" in two places, to reflect the probable intent of

Congress.

1986 - Pub. L. 99-272 designated existing provisions as par. (1),

inserted "any Federal agency," after "or subdivision thereof," and

added par. (2).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of Title 49, Transportation.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Director of Coast and Geodetic Survey abolished and

Coast and Geodetic Survey consolidated with Weather Bureau to form

a new agency in Department of Commerce to be known as Environmental

Science Services Administration, by Reorg. Plan No. 2 of 1965, eff.

July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under

section 851 of this title. The Reorg. Plan also transferred to

Secretary of Commerce all functions of Coast and Geodetic Survey

and Director. For further details, see note set out under section

851 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 44721.

-End-

-CITE-

33 USC Sec. 883f 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 883f. Contracts with qualified organizations

-STATUTE-

The Secretary of Commerce is authorized to contract with

qualified organizations for the performance of any part of the

authorized functions of the National Ocean Survey when he deems

such procedure to be in the public interests.

-SOURCE-

(Aug. 6, 1947, ch. 504, Sec. 6, 61 Stat. 788; 1965 Reorg. Plan No.

2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg.

Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Office of Director of Coast and Geodetic Survey abolished and

Coast and Geodetic Survey consolidated with Weather Bureau to form

a new agency in Department of Commerce to be known as Environmental

Science Services Administration, by Reorg. Plan No. 2, of 1965,

eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note

under section 851 of this title. The Reorg. Plan also transferred

to Secretary of Commerce all functions of Coast and Geodetic Survey

and Director. Subsequently, Environmental Science Services

Administration abolished and National Oceanic and Atmospheric

Administration established by Reorg. Plan No. 4 of 1970, eff. Oct.

3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to

Title 5, Government Organization and Employees. By Department

Organization Order 25-5A, Secretary delegated to NOAA his functions

under this chapter of the Code. By order of Acting Associate

Administrator of NOAA, organizational name of Coast and Geodetic

Survey changed to National Ocean Survey. For further details, see

note set out under section 851 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 44721.

-End-

-CITE-

33 USC Sec. 883g 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 883g. Repealed. Pub. L. 88-611, Sec. 4(a)(2), Oct. 2, 1964, 78

Stat. 991

-MISC1-

Section, act Aug. 6, 1947, ch. 504, Sec. 7, 61 Stat. 788,

provided for acceptance of gifts or bequests and exemption from

Federal taxes. See sections 1522 and 1523 of Title 15, Commerce and

Trade.

-End-

-CITE-

33 USC Sec. 883h 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 883h. Employment of public vessels

-STATUTE-

The President is authorized to cause to be employed such of the

public vessels as he deems it expedient to employ, and to give such

instructions for regulating their conduct as he deems proper in

order to carry out the provisions of this subchapter.

-SOURCE-

(Aug. 6, 1947, ch. 504, Sec. 8, 61 Stat. 788.)

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of Commerce, see section 1(l) of Ex. Ord. No. 11023, May 28, 1962,

27 F.R. 5131, set out as a note under section 301 of Title 3, The

President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 44721.

-End-

-CITE-

33 USC Sec. 883i 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 883i. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such funds as may be

necessary to acquire, construct, maintain, and operate ships,

stations, equipment, and facilities and for such other

expenditures, including personal services at the seat of government

and elsewhere and including the erection of temporary observatory

buildings and lease of sites therefor, as may be necessary for the

conduct of the activities herein authorized.

-SOURCE-

(Aug. 6, 1947, ch. 504, Sec. 9, 61 Stat. 788.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means act Aug. 6, 1947, ch. 504, 61

Stat. 787, as amended, which is classified generally to this

subchapter (Sec. 883a et seq.). For complete classification of this

Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 44721.

-End-

-CITE-

33 USC Sec. 883j 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 883j. Ocean satellite data

-STATUTE-

The Administrator of the National Oceanic and Atmospheric

Administration (hereinafter referred to in this subtitle (!1) as

the "Administration") shall take such actions, including the

sponsorship of applied research, as may be necessary to assure the

future availability and usefulness of ocean satellite data to the

maritime community.

-SOURCE-

(Pub. L. 99-272, title VI, Sec. 6082, Apr. 7, 1986, 100 Stat. 135.)

-REFTEXT-

REFERENCES IN TEXT

This subtitle, referred to in text, is subtitle H (Secs.

6081-6085) of title VI of Pub. L. 99-272, Apr. 7, 1986, 100 Stat.

135, which enacted this section and section 1530 of Title 15,

Commerce and Trade, amended section 883e of this title and sections

330e, 2903 and 2904 of Title 15, and repealed section 2905 of Title

15. For complete classification of this subtitle to the Code, see

Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary and other officers of Department of

Commerce under this section that relate to the Office of

Aeronautical Charting and Cartography to provide aeronautical

charts, products, and services for safe and efficient navigation of

air commerce transferred to Administrator of Federal Aviation

Administration effective Oct. 1, 2000, see section 44721(c)(2) of

Title 49, Transportation.

-MISC1-

REPORT ON SATELLITE OCEANOGRAPHY

Pub. L. 102-567, title I, Sec. 116, Oct. 29, 1992, 106 Stat.

4279, provided that:

"(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 major goals of satellite oceanography for the next 10

years.

"(b) Report. - Not later than one year after the date of

enactment of this Act [Oct. 29, 1992], the Federal Coordinating

Council for Science, 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 major goals of satellite oceanography

developed pursuant to subsection (a)(2)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 44721.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 883k 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 883k. Acquisition of land for facilities

-STATUTE-

For fiscal year 1990 and hereafter funds appropriated under this

heading shall be available for acquisition of land for facilities.

-SOURCE-

(Pub. L. 101-162, title I, Nov. 21, 1989, 103 Stat. 992.)

-REFTEXT-

REFERENCES IN TEXT

Funds appropriated under this heading, referred to in text,

refers to funds appropriated under the headings "National Oceanic

and Atmospheric Administration" and "operations, research, and

facilities" of title I, "Department of Commerce", of the

Departments of Commerce, Justice, and State, the Judiciary, and

Related Agencies Appropriations Act, 1990, Pub. L. 101-162.

-End-

-CITE-

33 USC Sec. 884 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 884. Power to use books, maps, etc., and to employ persons

-STATUTE-

The President is authorized, in executing the provisions of title

56 of the Revised Statutes relating to the coast survey, to use all

maps, charts, books, instruments, and apparatus belonging to the

United States, and to direct where the same shall be deposited, and

to employ all persons in the land or naval service of the United

States, and such astronomers and other persons as he shall deem

proper.

-SOURCE-

(R.S. Sec. 4685.)

-REFTEXT-

REFERENCES IN TEXT

Title 56 of the Revised Statutes, referred to in text, was in the

original "this Title", meaning title 56 of the Revised Statutes,

consisting of R.S. Secs. 4681 to 4691 of the Revised Statutes,

which are classified to sections 881 to 883 and 884 to 888 of this

title. For complete classification of R.S. Secs. 4681 to 4691 to

the Code, see Tables.

-COD-

CODIFICATION

Section was not enacted as part of act Aug. 6, 1947, ch. 504, 61

Stat. 787, which comprises this subchapter.

R.S. Sec. 4685 derived from act July 10, 1832, ch. 191, Sec. 2, 4

Stat. 571.

-End-

-CITE-

33 USC Sec. 885 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 885. Repealed. Aug. 6, 1947, ch. 504, Sec. 10(6), 61 Stat. 788

-MISC1-

Section, R.S. Sec. 4686, related to use of public vessels on

coast surveys. See section 883h of this title.

-End-

-CITE-

33 USC Secs. 886, 887 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Secs. 886, 887. Repealed. June 21, 1955, ch. 172, Sec. 5(1), (2),

69 Stat. 170

-MISC1-

Section 886, R.S. Sec. 4687, related to employment of officers of

Army and Navy in the work of surveying the coast of the United

States.

Section 887, R.S. Sec. 4688; acts Aug. 30, 1890, ch. 837, Sec. 1,

26 Stat. 382; June 5, 1920, ch. 235, Sec. 1, 41 Stat. 929, provided

for allowance for subsistence to officers of Army and Navy while

employed on coast survey service.

ADDITIONAL REPEAL

Sections were also repealed by act Aug. 10, 1956, ch. 1041, Sec.

53, 70A Stat. 641. Section 49(a) of act Aug. 10, 1956, provided in

part that laws effective after Mar. 31, 1955, inconsistent with

that act, should be considered as superseding it to the extent of

the inconsistency.

-End-

-CITE-

33 USC Sec. 888 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Sec. 888. Omitted

-COD-

CODIFICATION

Section, R.S. Secs. 264, 4690; acts Feb. 14, 1903, ch. 552, Secs.

4, 10, 32 Stat. 826, 829; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat.

736; June 5, 1920, ch. 235, Sec. 1, 41 Stat. 929, relating to an

annual statement on coast surveys by the Coast and Geodetic Survey

[now the National Ocean Survey], was partially repealed by acts May

29, 1928, ch. 901, Sec. 1(104), 45 Stat. 994; Aug. 7, 1946, ch.

770, Sec. 1(5), 60 Stat. 866; and Aug. 30, 1954, ch. 1076, Sec.

1(13), 68 Stat. 967.

-End-

-CITE-

33 USC Secs. 889, 890 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER II - SURVEYS

-HEAD-

Secs. 889, 890. Repealed. June 21, 1955, ch. 172, Sec. 5(5), 69

Stat. 170

-MISC1-

Section 889, acts Mar. 4, 1909, ch. 313, Sec. 1, 35 Stat. 1064;

Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736, authorized cooperation

with North Carolina State Fish Commission in survey of waters of

State.

Section 890, acts Mar. 4, 1909, ch. 313, Sec. 2, 35 Stat. 1065;

Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736, provided for marking

triangulation points of North Carolina survey.

-End-

-CITE-

33 USC SUBCHAPTER III - NOAA FLEET MODERNIZATION 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER III - NOAA FLEET MODERNIZATION

-HEAD-

SUBCHAPTER III - NOAA FLEET MODERNIZATION

-End-

-CITE-

33 USC Sec. 891 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER III - NOAA FLEET MODERNIZATION

-HEAD-

Sec. 891. Definitions

-STATUTE-

In this subchapter, the term -

(1) "NOAA" means the National Oceanic and Atmospheric

Administration within the Department of Commerce.

(2) "NOAA fleet" means the fleet of research vessels owned or

operated by NOAA.

(3) "Plan" means the NOAA Fleet Replacement and Modernization

Plan described in section 891b of this title.

(4) "Secretary" means the Secretary of Commerce.

(5) "UNOLS" means University-National Oceanographic Laboratory

System.

-SOURCE-

(Pub. L. 102-567, title VI, Sec. 602, Oct. 29, 1992, 106 Stat.

4299.)

-MISC1-

SHORT TITLE

For short title of this subchapter as the "NOAA Fleet

Modernization Act", see section 601 of Pub. L. 102-567, set out as

a Short Title of 1992 Amendment note under section 851 of this

title.

-End-

-CITE-

33 USC Sec. 891a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER III - NOAA FLEET MODERNIZATION

-HEAD-

Sec. 891a. Fleet replacement and modernization program

-STATUTE-

The Secretary is authorized to implement, subject to the

requirements of this subchapter, a 15-year program to replace and

modernize the NOAA fleet.

-SOURCE-

(Pub. L. 102-567, title VI, Sec. 603, Oct. 29, 1992, 106 Stat.

4300.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

Act", and was translated as reading "this title", meaning title VI

of Pub. L. 102-567, which enacted this subchapter, to reflect the

probable intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 891b of this title.

-End-

-CITE-

33 USC Sec. 891b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER III - NOAA FLEET MODERNIZATION

-HEAD-

Sec. 891b. Fleet replacement and modernization Plan

-STATUTE-

(a) In general

To carry out the program authorized in section 891a of this

title, the Secretary shall develop and submit to Congress a

replacement and modernization Plan for the NOAA fleet covering the

years authorized under section 891h of this title.

(b) Timing

The Plan required in subsection (a) of this section shall be

submitted to Congress within 30 days of October 29, 1992, and

updated on an annual basis.

(c) Plan elements

The Plan required in subsection (a) of this section shall include

the following -

(1) the number of vessels proposed to be modernized or

replaced, the schedule for their modernization or replacement,

and anticipated funding requirements;

(2) the number of vessels proposed to be constructed, leased,

or chartered;

(3) the number of vessels, or days at sea, that can be obtained

by using the vessels of the UNOLS;

(4) the number of vessels that will be made available to NOAA

by the Secretary of the Navy, or any other federal (!1) official,

and the terms and conditions for their availability;

(5) the proposed acquisition of modern scientific

instrumentation for the NOAA fleet, including acoustic systems,

data transmission positioning and communication systems,

physical, chemical, and meteorological oceanographic systems, and

data acquisition and processing systems; and

(6) the appropriate role of the NOAA Corps in operating and

maintaining the NOAA fleet.

(d) Contracting limitation

The Secretary may not enter into any contract for the

construction, lease, or service life extension of a vessel of the

NOAA fleet before the date of the submission to Congress of the

Plan required in subsection (a) of this section.

-SOURCE-

(Pub. L. 102-567, title VI, Sec. 604, Oct. 29, 1992, 106 Stat.

4300.)

-MISC1-

FISHERY SURVEY VESSEL ACQUISITION

Pub. L. 106-450, title III, Nov. 7, 2000, 114 Stat. 1945,

provided that:

"SEC. 301. SHORT TITLE.

"This title may be cited as the 'Fisheries Survey Vessel

Authorization Act of 2000'.

"SEC. 302. ACQUISITION OF FISHERY SURVEY VESSELS.

"(a) In General. - The Secretary, subject to the availability of

appropriations, may in accordance with this section acquire, by

purchase, lease, lease-purchase, or charter, and equip up to six

fishery survey vessels in accordance with this section.

"(b) Vessel Requirements. - Any vessel acquired and equipped

under this section must -

"(1) be capable of -

"(A) staying at sea continuously for at least 30 days;

"(B) conducting fishery population surveys using

hydroacoustic, longlining, deep water, and pelagic trawls, and

other necessary survey techniques; and

"(C) conducting other work necessary to provide fishery

managers with the accurate and timely data needed to prepare

and implement fishery management plans; and

"(2) have a hull that meets the International Council for

Exploration of the Sea standard regarding acoustic quietness.

"(c) Authorization. - To carry out this section there are

authorized to be appropriated to the Secretary $60,000,000 for each

of fiscal years 2002 and 2003."

DEACTIVATION OF NOAA RESEARCH VESSELS

Section 401(b)(4) of Pub. L. 102-567 provided that:

"(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 [now Committee on

Science] 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 891, 891c of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

33 USC Sec. 891c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER III - NOAA FLEET MODERNIZATION

-HEAD-

Sec. 891c. Design of NOAA vessels

-STATUTE-

(a) Design requirement

Except for the vessel designs identified under subsection (b) of

this section, the Secretary, working through the Office of the NOAA

Corps Operations and the Systems Procurement Office, shall -

(1) prepare requirements for each class of vessel to be

constructed or converted under the Plan; and

(2) contract competitively from nongovernmental entities with

expertise in shipbuilding for vessel design and construction

based on the requirements for each class of vessel to be

acquired.

(b) Exception

The Secretary shall -

(1) report to Congress identifying any existing vessel design

or design proposal that meets the requirements of the Plan within

30 days after October 29, 1992, and shall promptly advise the

Congress of any modification of these designs; and

(2) submit to Congress as part of the annual update of the Plan

required in section 891b of this title, any subsequent existing

vessel design or design proposals that meet the requirements of

the Plan.

-SOURCE-

(Pub. L. 102-567, title VI, Sec. 605, Oct. 29, 1992, 106 Stat.

4300.)

-End-

-CITE-

33 USC Sec. 891d 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER III - NOAA FLEET MODERNIZATION

-HEAD-

Sec. 891d. Contract authority

-STATUTE-

(a) Multiyear contracts

(1) In general

Subject to paragraphs (2) and (3), and notwithstanding section

1341 of title 31 and section 11 of title 41, the Secretary may

acquire vessels for the NOAA fleet by purchase, lease,

lease-purchase, or otherwise, under one or more multiyear

contracts.

(2) Required findings

The Secretary may not enter into a contract pursuant to this

subsection unless the Secretary finds with respect to that

contract that -

(A) there is a reasonable expectation that throughout the

contemplated contract period the Secretary will request from

Congress funding for the contract at the level required to

avoid contract termination; and

(B) the use of the contract will promote the best interests

of the United States by encouraging competition and promoting

economic efficiency in the operation of the NOAA fleet.

(3) Required contract provisions

The Secretary may not enter into a contract pursuant to this

subsection unless the contract includes -

(A) a provision under which the obligation of the United

States to make payments under the contract for any fiscal year

is subject to the availability of appropriations provided in

advance for those payments;

(B) a provision that specifies the term of effectiveness of

the contract; and

(C) appropriate provisions under which, in case of any

termination of the contract before the end of the term

specified pursuant to subparagraph (B), the United States shall

only be liable for the lesser of -

(i) an amount specified in the contract for such a

termination; or

(ii) amounts that -

(I) were appropriated before the date of the termination

for the performance of the contract or for procurement of

the type of acquisition covered by the contract; and

(II) are unobligated on the date of the termination.

(b) Service contracts

Notwithstanding any other provision of law, the Secretary may

enter into multiyear contracts for oceanographic research,

fisheries research, and mapping and charting services to assist the

Secretary in fulfilling NOAA missions. The Secretary may only enter

into these contracts if -

(1) the Secretary finds that it is in the public interest to do

so;

(2) the contract is for not more than 7 years; and

(3)(A) the cost of the contract is less than the cost

(including the cost of operation, maintenance, and personnel) to

the NOAA of obtaining those services on NOAA vessels; or

(B) NOAA vessels are not available or cannot provide those

services.

(c) Bonding authority

Notwithstanding any other law, the Secretary may not require a

contractor for the construction, alteration, repair or maintenance

of a NOAA vessel to provide a bid bond, payment bond, performance

bond, completion bond, or other surety instrument in an amount

greater than 20 percent of the value of the base contract quantity

(excluding options) unless the Secretary determines that requiring

an instrument in that amount will not prevent a responsible bidder

or offeror from competing for the award of the contract.

-SOURCE-

(Pub. L. 102-567, title VI, Sec. 606, Oct. 29, 1992, 106 Stat.

4301.)

-End-

-CITE-

33 USC Sec. 891e 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER III - NOAA FLEET MODERNIZATION

-HEAD-

Sec. 891e. Restriction with respect to certain shipyard subsidies

-STATUTE-

(a) In general

The Secretary of Commerce may not award a contract for the

construction, repair (except emergency repairs), or alteration of

any vessel of the National Oceanic and Atmospheric Administration

in a shipyard, if that vessel benefits or would benefit from

significant subsidies for the construction, repair, or alteration

of vessels in that shipyard.

(b) "Significant subsidy" defined

In this section, the term "significant subsidy" includes, but is

not limited to, any of the following:

(1) Officially supported export credits.

(2) Direct official operating support to the commercial

shipbuilding and repair industry, or to a related entity that

favors the operation of shipbuilding and repair, including but

not limited to -

(A) grants;

(B) loans and loan guarantees other than those available on

the commercial market;

(C) forgiveness of debt;

(D) equity infusions on terms inconsistent with commercially

reasonable investment practices; and

(E) preferential provision of goods and services.

(3) Direct official support for investment in the commercial

shipbuilding and repair industry, or to a related entity that

favors the operation of shipbuilding and repair, including but

not limited to the kinds of support listed in paragraph (2)(A)

through (E), and any restructuring support, except public support

for social purposes directly and effectively linked to shipyard

closures.

(4) Assistance in the form of grants, preferential loans,

preferential tax treatment, or otherwise, that benefits or is

directly related to shipbuilding and repair for purposes of

research and development that is not equally open to domestic and

foreign enterprises.

(5) Tax policies and practices that favor the shipbuilding and

repair industry, directly or indirectly, such as tax credits,

deductions, exemptions, and preferences, including accelerated

depreciation, if such benefits are not generally available to

persons or firms not engaged in shipbuilding or repair.

(6) Any official regulation or practice that authorizes or

encourages persons or firms engaged in shipbuilding or repair to

enter into anticompetitive arrangements.

(7) Any indirect support directly related, in law or in fact,

to shipbuilding and repair at national yards, including any

public assistance favoring shipowners with an indirect effect on

shipbuilding or repair activities, and any assistance provided to

suppliers of significant inputs to shipbuilding, which results in

benefits to domestic shipbuilders.

(8) Any export subsidy identified in the Illustrative List of

Export Subsidies in the Annex to the Agreement on Subsidies and

Countervailing Measures referred to in section 3511(d)(12) of

title 19, or any other export subsidy prohibited by that

agreement.

-SOURCE-

(Pub. L. 102-567, title VI, Sec. 607, Oct. 29, 1992, 106 Stat.

4302; Pub. L. 106-36, title I, Sec. 1002(f), June 25, 1999, 113

Stat. 133.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(8). Pub. L. 106-36 substituted "Agreement on

Subsidies and Countervailing Measures referred to in section

3511(d)(12) of title 19, or any other export subsidy prohibited by

that agreement" for "Agreement on Interpretation and Application of

Articles VI, XVI, and XXIII of the General Agreement on Tariffs and

Trade or any other export subsidy that may be prohibited as a

result of the Uruguay Round of trade negotiations."

FISHERIES RESEARCH VESSEL PROCUREMENT

Pub. L. 106-450, title IV, Sec. 401, Nov. 7, 2000, 114 Stat.

1945, provided that: "Notwithstanding section 644 of title 15,

United States Code, and section 19.502-2 of title 48, Code of

Federal Regulations, the Secretary of Commerce shall seek to

procure Fisheries Research Vessels through full and open

competition from responsible United States shipbuilding companies

irrespective of size."

-End-

-CITE-

33 USC Sec. 891f 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER III - NOAA FLEET MODERNIZATION

-HEAD-

Sec. 891f. Use of vessels

-STATUTE-

(a) Vessel agreements

In implementing the NOAA fleet replacement and modernization

program, the Secretary shall use excess capacity of UNOLS vessels

where appropriate and may enter into memoranda of agreement with

the operators of these vessels to carry out this requirement.

(b) Report to Congress

Within one year after October 29, 1992, the Comptroller General

of the United States shall provide a report to Congress, in

consultation with the Secretary, comparing the cost-efficiency,

accounting, and operating practices of the vessels of NOAA, UNOLS,

other Federal agencies, and the United States private sector in

meeting the missions of NOAA.

-SOURCE-

(Pub. L. 102-567, title VI, Sec. 608, Oct. 29, 1992, 106 Stat.

4303.)

-End-

-CITE-

33 USC Sec. 891g 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER III - NOAA FLEET MODERNIZATION

-HEAD-

Sec. 891g. Interoperability

-STATUTE-

The Secretary shall consult with the Oceanographer of the Navy

regarding appropriate measures that should be taken, on a

reimbursable basis, to ensure that NOAA vessels are interoperable

with vessels of the Department of the Navy, including with respect

to operation, maintenance, and repair of those vessels.

-SOURCE-

(Pub. L. 102-567, title VI, Sec. 609, Oct. 29, 1992, 106 Stat.

4303.)

-MISC1-

INTEROPERABILITY OF VESSELS

Section 401(b)(5) of Pub. L. 102-567 provided that: "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."

-End-

-CITE-

33 USC Sec. 891h 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER III - NOAA FLEET MODERNIZATION

-HEAD-

Sec. 891h. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to the Secretary for

carrying out this subchapter -

(1) $50,000,000 for fiscal year 1993;

(2) $100,000,000 for fiscal year 1994; and

(3) such sums as are necessary for each of the fiscal years

1995, 1996, and 1997.

(b) Limitation on fleet modernization activities

All National Oceanic and Atmospheric Administration fleet

modernization shipbuilding, and conversion shall be conducted in

accordance with this subchapter.

-SOURCE-

(Pub. L. 102-567, title VI, Sec. 610, Oct. 29, 1992, 106 Stat.

4303.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 891b of this title.

-End-

-CITE-

33 USC SUBCHAPTER IV - NOAA HYDROGRAPHIC SERVICES 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER IV - NOAA HYDROGRAPHIC SERVICES

-HEAD-

SUBCHAPTER IV - NOAA HYDROGRAPHIC SERVICES

-End-

-CITE-

33 USC Sec. 892 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER IV - NOAA HYDROGRAPHIC SERVICES

-HEAD-

Sec. 892. Definitions

-STATUTE-

In this subchapter:

(1) Administrator

The term "Administrator" means the Administrator of the

National Oceanic and Atmospheric Administration.

(2) Administration

The term "Administration" means the National Oceanic and

Atmospheric Administration.

(3) Hydrographic data

The term "hydrographic data" means information acquired through

hydrographic or bathymetric surveying, photogrammetry, geodetic,

geospatial, or geomagnetic measurements, tide and current

observations, or other methods, that is used in providing

hydrographic services.

(4) Hydrographic services

The term "hydrographic services" means -

(A) the management, maintenance, interpretation,

certification, and dissemination of bathymetric, hydrographic,

geodetic, geospatial, geomagnetic, and tide and current

information, including the production of nautical charts,

nautical information databases, and other products derived from

hydrographic data;

(B) the development of nautical information systems; and

(C) related activities.

(5) Act of 1947

The term "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.).

-SOURCE-

(Pub. L. 105-384, title III, Sec. 302, Nov. 13, 1998, 112 Stat.

3454; Pub. L. 107-372, title I, Sec. 102, Dec. 19, 2002, 116 Stat.

3079.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

title", meaning title III of Pub. L. 105-384, Nov. 13, 1998, 112

Stat. 3454, which is classified principally to this subchapter. For

complete classification of this title to the Code, see Short Title

of 1998 Amendment note set out under section 851 of this title and

Tables.

Act of August 6, 1947, referred to in par. (5), is act Aug. 6,

1947, ch. 504, 61 Stat. 787, as amended, which is classified

generally to subchapter II of this chapter. For complete

classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

2002 - Par. (3). Pub. L. 107-372, Sec. 102(1), inserted ",

geospatial, or geomagnetic" after "geodetic".

Par. (4). Pub. L. 107-372, Sec. 102(2), inserted "geospatial,

geomagnetic," after "geodetic,".

SHORT TITLE

For short title of this subchapter as the "Hydrographic Services

Improvement Act of 1998", see section 301 of Pub. L. 105-384, set

out as a Short Title of 1998 Amendment note under section 851 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 892a of this title.

-End-

-CITE-

33 USC Sec. 892a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER IV - NOAA HYDROGRAPHIC SERVICES

-HEAD-

Sec. 892a. Functions of the Administrator

-STATUTE-

(a) Responsibilities

To fulfill the data gathering and dissemination duties of the

Administration under the Act of 1947, the Administrator shall -

(1) acquire and disseminate hydrographic data;

(2) promulgate standards for hydrographic data used by the

Administration in providing hydrographic services;

(3) promulgate standards for hydrographic services provided by

the Administration;

(4) ensure comprehensive geographic coverage of hydrographic

services, in cooperation with other appropriate Federal agencies;

(5) maintain a national database of hydrographic data, in

cooperation with other appropriate Federal agencies;

(6) provide hydrographic services in uniform, easily accessible

formats;

(7) participate in the development of, and implement for the

United States in cooperation with other appropriate Federal

agencies, international standards for hydrographic data and

hydrographic services; and

(8) to the greatest extent practicable and cost-effective,

fulfill the requirements of paragraphs (1) and (6) through

contracts or other agreements with private sector entities.

(b) Authorities

To fulfill the data gathering and dissemination duties of the

Administration under the Act of 1947, and subject to the

availability of appropriations, the Administrator -

(1) may procure, lease, evaluate, test, develop, and operate

vessels, equipment, and technologies necessary to ensure safe

navigation and maintain operational expertise in hydrographic

data acquisition and hydrographic services;

(2) may enter into contracts and other agreements with

qualified entities, consistent with subsection (a)(8) of this

section, for the acquisition of hydrographic data and the

provision of hydrographic services;

(3) shall award contracts for the acquisition of hydrographic

data in accordance with title IX of the Federal Property and

Administrative Services Act of 1949;(!1) and

(4) shall, subject to the availability of appropriations,

design, install, maintain, and operate real-time hydrographic

monitoring systems to enhance navigation safety and efficiency.

(c) Conservation and management of coastal and ocean resources

Where appropriate and to the extent that it does not detract from

the promotion of safe and efficient navigation, the Secretary may

use hydrographic data and services to support the conservation and

management of coastal and ocean resources.

-SOURCE-

(Pub. L. 105-384, title III, Sec. 303, Nov. 13, 1998, 112 Stat.

3454; Pub. L. 107-372, title I, Sec. 103, Dec. 19, 2002, 116 Stat.

3079.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (b)(3), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Title IX of the Act, which was classified

generally to subchapter VI (Sec. 541 et seq.) of chapter 10 of

former Title 40, Public Buildings, Property, and Works, was

repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21,

2002, 116 Stat. 1062, 1304, as chapter 11 (Sec. 1101 et seq.) of

Title 40, Public Buildings, Property, and Works. For disposition of

sections of former Title 40 to revised Title 40, see Table

preceding section 101 of Title 40. For complete classification of

this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(4). Pub. L. 107-372, Sec. 103(a), amended par.

(4) generally. Prior to amendment, par. (4) read as follows: "may

design and install where appropriate Physical Oceanographic

Real-Time Systems to enhance navigation safety and efficiency."

Subsec. (c). Pub. L. 107-372, Sec. 103(b), added subsec. (c).

HYDROGRAPHIC SURVEY

Pub. L. 106-541, title V, Sec. 554, Dec. 11, 2000, 114 Stat.

2679, provided that: "The Secretary [of the Army] shall enter into

an agreement with the Administrator of the National Oceanic and

Atmospheric Administration -

"(1) to require the Secretary, not later than 60 days after the

Corps of Engineers completes a project involving dredging of a

channel, to provide data to the Administration in a standard

digital format on the results of a hydrographic survey of the

channel conducted by the Corps of Engineers; and

"(2) to require the Administrator to provide the final charts

with respect to the project to the Secretary in digital format,

at no charge, for the purpose of enhancing the mission of the

Corps of Engineers of maintaining Federal navigation projects."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 892b, 892c, 892d of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 892b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER IV - NOAA HYDROGRAPHIC SERVICES

-HEAD-

Sec. 892b. Quality assurance program

-STATUTE-

(a) Definition

For purposes of this section, the term "hydrographic product"

means any publicly or commercially available product produced by a

non-Federal entity that includes or displays hydrographic data.

(b) Program

(1) In general

The Administrator -

(A) by not later than 2 years after December 19, 2002, shall,

subject to the availability of appropriations, develop and

implement a quality assurance program that is equally available

to all applicants, under which the Administrator may certify

hydrographic products that satisfy the standards promulgated by

the Administrator under section 892a(a)(3) of this title;

(B) may authorize the use of the emblem or any trademark of

the Administration on a hydrographic product certified under

subparagraph (A); and

(C) may charge a fee for such certification and use.

(2) Limitation on fee amount

Any fee under paragraph (1)(C) shall not exceed the costs of

conducting the quality assurance testing, evaluation, or studies

necessary to determine whether the hydrographic product satisfies

the standards adopted under section 892a(a)(3) of this title,

including the cost of administering such a program.

(c) Limitation on liability

The Government of the United States shall not be liable for any

negligence by a person that produces hydrographic products

certified under this section.

(d) Hydrographic Services Account

(1) Establishment

There is established in the Treasury a separate account, which

shall be known as the "Hydrographic Services Account".

(2) Content

The account shall consist of -

(A) amounts received by the United States as fees charged

under subsection (b)(1)(C) of this section; and

(B) such other amounts as may be provided by law.

(3) Use

Amounts in the account shall be available to the Administrator,

without further appropriation, for hydrographic services.

(e) Limitation on new fees and increases in existing fees for

hydrographic services

After November 13, 1998, the Administrator may not -

(1) establish any fee or other charge for the provision of any

hydrographic service except as authorized by this section; or

(2) increase the amount of any fee or other charge for the

provision of any hydrographic service except as authorized by

this section and section 1307 of title 44.

-SOURCE-

(Pub. L. 105-384, title III, Sec. 304, Nov. 13, 1998, 112 Stat.

3455; Pub. L. 107-372, title I, Sec. 104(a), Dec. 19, 2002, 116

Stat. 3080.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-372 reenacted heading without

change and amended text generally. Prior to amendment, text read as

follows: "The Administrator may -

"(A) develop and implement a quality assurance program that is

equally available to all applicants, under which the

Administrator may certify hydrographic products that satisfy the

standards promulgated by the Administrator under section

892a(a)(3) of this title;

"(B) authorize the use of the emblem or any trademark of the

Administration on a hydrographic product certified under

subparagraph (A); and

"(C) charge a fee for such certification and use."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 892d of this title.

-End-

-CITE-

33 USC Sec. 892c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER IV - NOAA HYDROGRAPHIC SERVICES

-HEAD-

Sec. 892c. Hydrographic Services Review Panel

-STATUTE-

(a) Establishment

No later than 1 year after December 19, 2002, the Secretary shall

establish the Hydrographic Services Review Panel.

(b) Duties

(1) In general

The panel shall advise the Administrator on matters related to

the responsibilities and authorities set forth in section 892a of

this title and such other appropriate matters as the

Administrator refers to the panel for review and advice.

(2) Administrative resources

The Administrator shall make available to the panel such

information, personnel, and administrative services and

assistance as it may reasonably require to carry out its duties.

(c) Membership

(1) In general

(A) The panel shall consist of 15 voting members who shall be

appointed by the Administrator. The Director of the Joint

Hydrographic Institute and no more than 2 employees of the

National Oceanic and Atmospheric Administration appointed by the

Administrator shall serve as nonvoting members of the panel. The

voting members of the panel shall be individuals who, by reason

of knowledge, experience, or training, are especially qualified

in one or more of the disciplines and fields relating to

hydrographic surveying, tide, current geodetic and geospatial

measurement, marine transportation, port administration, vessel

pilotage, and coastal and fishery management.

(B) An individual may not be appointed as a voting member of

the panel if the individual is a full-time officer or employee of

the United States.

(C) Any voting member of the panel who is an applicant for, or

beneficiary (as determined by the Secretary) of, any assistance

under this subchapter shall disclose to the panel that

relationship, and may not vote on any matter pertaining to that

assistance.

(2) Terms

(A) The term of office of a voting member of the panel shall be

4 years, except that of the original appointees, five shall be

appointed for a term of 2 years, five shall be appointed for a

term of 3 years, and five shall be appointed for a term of 4

years, as specified by the Administrator at the time of

appointment.

(B) Any individual appointed to a partial or full term may be

reappointed for one additional full term. A voting member may

serve after the date of the expiration of the term of office for

which appointed until his or her successor has taken office.

(3) Nominations

At least once each year, the Secretary shall publish a notice

in the Federal Register soliciting nominations for membership on

the panel.

(4) Chairman and Vice Chairman

(A) The panel shall select one voting member to serve as the

Chairman and another voting member to serve as the Vice Chairman.

(B) The Vice Chairman shall act as Chairman in the absence or

incapacity of the Chairman.

(d) Compensation

Voting members of the panel shall -

(1) receive compensation at a rate established by the

Secretary, not to exceed the maximum daily rate payable under

section 5376 of title 5 when actually engaged in the performance

of duties for such panel; and

(2) be reimbursed for actual and reasonable expenses incurred

in the performance of such duties.

(e) Meetings

The panel shall meet on a biannual basis and, at any other time,

at the call of the Chairman or upon the request of a majority of

the voting members or of the Secretary.

(f) Powers

The panel may exercise such powers as are reasonably necessary in

order to carry out its duties under subsection (b) of this section.

-SOURCE-

(Pub. L. 105-384, title III, Sec. 305, Nov. 13, 1998, 112 Stat.

3456; Pub. L. 105-383, title IV, Sec. 432(c), Nov. 13, 1998, 112

Stat. 3445; Pub. L. 107-372, title I, Sec. 105, Dec. 19, 2002, 116

Stat. 3080.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (c)(1)(C), was in the

original "this Act", and was translated, to reflect the probable

intent of Congress, as reading "this title", meaning title III of

Pub. L. 105-384, Nov. 13, 1998, 112 Stat. 3454, known as the

Hydrographic Services Improvement Act of 1998, which is classified

principally to this subchapter. For complete classification of

title III to the Code, see Short Title of 1998 Amendment note set

out under section 851 of this title and Tables.

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-372 amended section generally, substituting

provisions establishing Hydrographic Services Review Panel for

provisions requiring report, not later than 6 months after November

13, 1998, on a plan to ensure maintenance of Federal competence and

expertise in hydrographic surveying.

1998 - Pub. L. 105-383, which directed the amendment of this

section by striking out subsecs. (a) and (d), was executed by

striking out subsec. (a), because no subsec. (d) has been enacted.

Prior to amendment, subsec. (a) read as follows:

"(a) Ports. - Not later than 6 months after November 13, 1998,

the Administrator and the Commandant of the Coast Guard shall

report to the Congress on -

"(1) the status of implementation of real-time tide and current

data systems in United States ports;

"(2) existing safety and efficiency needs in United States

ports that could be met by increased use of those systems; and

"(3) a plan for expanding those systems to meet those needs,

including an estimate of the cost of implementing those systems

in priority locations."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-383, title IV, Sec. 432(a), Nov. 13, 1998, 112 Stat.

3444, provided that: "Subsections (b) and (c) [amending this

section and section 892d of this title] shall take effect

immediately after the later of -

"(1) the enactment of the Hydrographic Services Improvement Act

of 1998 [Pub. L. 105-384, title III, Nov. 13, 1998]; or

"(2) the enactment of this Act [Nov. 13, 1998]."

-End-

-CITE-

33 USC Sec. 892d 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 17 - NATIONAL OCEAN SURVEY

SUBCHAPTER IV - NOAA HYDROGRAPHIC SERVICES

-HEAD-

Sec. 892d. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Administrator the

following:

(1) To carry out nautical mapping and charting functions under

sections 892a and 892b of this title, except for conducting

hydrographic surveys -

(A) $50,000,000 for fiscal year 2003;

(B) $55,000,000 for fiscal year 2004;

(C) $60,000,000 for fiscal year 2005;

(D) $65,000,000 for fiscal year 2006; and

(E) $70,000,000 for fiscal year 2007.

(2) To contract for hydrographic surveys under section

892a(b)(1) of this title, including the leasing or time

chartering of vessels -

(A) $40,000,000 for fiscal year 2003;

(B) $42,500,000 for fiscal year 2004;

(C) $45,000,000 for fiscal year 2005;

(D) $47,500,000 for fiscal year 2006; and

(E) $50,000,000 for fiscal year 2007.

(3) To operate hydrographic survey vessels owned by the United

States and operated by the Administration -

(A) $14,000,000 for fiscal year 2003;

(B) $18,000,000 for fiscal year 2004; and

(C) $21,000,000 for fiscal years 2005 through 2007.

(4) To carry out geodetic functions under this subchapter -

(A) $27,500,000 for fiscal year 2003;

(B) $30,000,000 for fiscal year 2004;

(C) $32,500,000 for fiscal year 2005;

(D) $35,000,000 for fiscal year 2006; and

(E) $35,500,000 for fiscal year 2007.

(5) To carry out tide and current measurement functions under

this subchapter -

(A) $25,000,000 for fiscal year 2003;

(B) $27,500,000 for fiscal year 2004;

(C) $30,000,000 for fiscal year 2005;

(D) $32,500,000 for fiscal year 2006; and

(E) $35,000,000 for fiscal year 2007.

(6) To carry out activities authorized under this subchapter

that enhance homeland security, including electronic navigation

charts, hydrographic surveys, real time tide and current

measurements, and geodetic functions, in addition to other

amounts authorized by this section, $20,000,000.

-SOURCE-

(Pub. L. 105-384, title III, Sec. 306, Nov. 13, 1998, 112 Stat.

3457; Pub. L. 105-383, title IV, Sec. 432(b), Nov. 13, 1998, 112

Stat. 3445; Pub. L. 107-372, title I, Sec. 106, Dec. 19, 2002, 116

Stat. 3081.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-372 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: "There is authorized to be appropriated to the

Administrator the following:

"(1) To carry out nautical mapping and charting functions under

the Act of 1947 and sections 892a and 892b of this title, except

for conducting hydrographic surveys, $33,000,000 for fiscal year

1999, $34,000,000 for fiscal year 2000, and $35,000,000 for

fiscal year 2001.

"(2) To conduct hydrographic surveys under section 892a(a)(1)

of this title, including the leasing of ships, $33,000,000 for

fiscal year 1999, $35,000,000 for fiscal year 2000, and

$37,000,000 for fiscal year 2001. Of these amounts, no more than

$16,000,000 is authorized for any one fiscal year to operate

hydrographic survey vessels owned and operated by the

Administration.

"(3) To carry out geodetic functions under the Act of 1947,

$25,000,000 for fiscal year 1999, $30,000,000 for fiscal year

2000, and $30,000,000 for fiscal year 2001.

"(4) To carry out tide and current measurement functions under

the Act of 1947, $22,500,000 for each of fiscal years 1999

through 2001. Of these amounts $4,500,000 is authorized for each

fiscal year to implement and operate a national quality control

system for real-time tide and current and maintain the national

tide network, and $7,000,000 is authorized for each fiscal year

to design and install real-time tide and current data measurement

systems under section 892a(b)(4) of this title."

1998 - Pub. L. 105-383 amended section generally, substituting

present provisions for substantially identical provisions.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-383 effective immediately after

enactment of Pub. L. 105-384, Nov. 13, 1998, see section 432(a) of

Pub. L. 105-383, set out as a note under section 892c of this

title.

-End-