### §891b. Fleet replacement and modernization Plan

#### (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) 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) 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).

(Pub. L. 102–567, title VI, §604, Oct. 29, 1992, 106 Stat. 4300.)

#### **Statutory Notes and Related Subsidiaries**

#### 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

Pub. L. 102–567, title IV, §401(b)(4), Oct. 29, 1992, 106 Stat. 4291, 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, Space, and Technology] 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."

1 So in original. Probably should be capitalized.