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[110th Congress Public Law 386]
[From the U.S. Government Printing Office]

[DOCID: f:publ386.110]

[[Page 4105]]

        HYDROGRAPHIC SERVICES IMPROVEMENT ACT AMENDMENTS OF 2008

[[Page 122 STAT. 4106]]

Public Law 110-386
110th Congress

                                 An Act

 
To reauthorize and amend the Hydrographic Services Improvement Act, and 
        for other purposes. <<NOTE: Oct. 10, 2008 -  [S. 1582]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Hydrographic 
Services Improvement Act Amendments of 2008. 33 USC 851 note.>> 

SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Hydrographic Services Improvement Act 
Amendments of 2008''.

SEC. 2. DEFINITIONS.

    Section 303 of the Hydrographic Services Improvement Act of 1998 (33 
U.S.C. 892) is amended by striking paragraphs (3), (4), and (5) and 
inserting the following:
            ``(3) Hydrographic data.--The term `hydrographic data' means 
        information that--
                    ``(A) is acquired through--
                          ``(i) hydrographic, bathymetric, 
                      photogrammetric, lidar, radar, remote sensing, or 
                      shoreline and other ocean- and coastal-related 
                      surveying;
                          ``(ii) geodetic, geospatial, or geomagnetic 
                      measurements;
                          ``(iii) tide, water level, and current 
                      observations; or
                          ``(iv) other methods; and
                    ``(B) 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, shoreline, geodetic, geospatial, 
                geomagnetic, and tide, water level, 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) Coast and geodetic survey act.--The term `Coast and 
        Geodetic Survey Act' 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.).''.

[[Page 122 STAT. 4107]]

SEC. 3. FUNCTIONS OF THE ADMINISTRATOR.

    Section 303 of the Hydrographic Services Improvement Act of 1998 (33 
U.S.C. 892a) is amended--
            (1) by striking ``the Act of 1947,'' in subsection (a) and 
        inserting ``the Coast and Geodetic Survey Act, promote safe, 
        efficient and environmentally sound marine transportation, and 
        otherwise fulfill the purposes of this Act,'';
            (2) by striking ``data;'' in subsection (a)(1) and inserting 
        ``data and provide hydrographic services;'' and
            (3) by striking subsection (b) and inserting the following:

    ``(b) Authorities.--To fulfill the data gathering and dissemination 
duties of the Administration under the Coast and Geodetic Survey Act, 
promote safe, efficient, and environmentally sound marine 
transportation, and otherwise fulfill the purposes of this Act, 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) shall, subject to the availability of appropriations, 
        design, install, maintain, and operate real-time hydrographic 
        monitoring systems to enhance navigation safety and efficiency; 
        and
            ``(3) where appropriate and to the extent that it does not 
        detract from the promotion of safe and efficient navigation, may 
        acquire hydrographic data and provide hydrographic services to 
        support the conservation and management of coastal and ocean 
        resources;
            ``(4) where appropriate, may acquire hydrographic data and 
        provide hydrographic services to save and protect life and 
        property and support the resumption of commerce in response to 
        emergencies, natural and man-made disasters, and homeland 
        security and maritime domain awareness needs, including 
        obtaining mission assignments (as defined in section 641 of the 
        Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
        741));
            ``(5) may create, support, and maintain such joint centers 
        with other Federal agencies and other entities as the 
        Administrator deems appropriate or necessary to carry out the 
        purposes of this Act; and
            ``(6) notwithstanding the existence of such joint centers, 
        shall award contracts for the acquisition of hydrographic data 
        in accordance with subchapter VI of chapter 10 of title 40, 
        United States Code.''.

SEC. 4. <<NOTE: Establishment.>> HYDROGRAPHIC SERVICES REVIEW PANEL.

    Section 305(c)(1)(A) of the Hydrographic Services Improvement Act of 
1998 (33 U.S.C. 892c(c)(1)(A)) is amended to read as follows: ``(A) The 
panel shall consist of 15 voting members who shall be appointed by the 
Administrator. The Co-directors of the Center for Coastal and Ocean 
Mapping/Joint Hydrographic Center 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 1 or more of the 
disciplines

[[Page 122 STAT. 4108]]

and fields relating to hydrographic data and hydrographic services, 
marine transportation, port administration, vessel pilotage, coastal and 
fishery management, and other disciplines as determined appropriate by 
the Administrator.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    Section 306 of the Hydrographic Services Improvement Act of 1998 (33 
U.S.C. 892d) is amended to read as follows:

``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Administrator the 
following:
            ``(1) To carry out nautical mapping and charting functions 
        under sections 304 and 305, except for conducting hydrographic 
        surveys--
                    ``(A) $55,000,000 for fiscal year 2009;
                    ``(B) $56,000,000 for fiscal year 2010;
                    ``(C) $57,000,000 for fiscal year 2011; and
                    ``(D) $58,000,000 for fiscal year 2012.
            ``(2) To contract for hydrographic surveys under section 
        304(b)(1), including the leasing or time chartering of vessels--
                    ``(A) $32,130,000 for fiscal year 2009;
                    ``(B) $32,760,000 for fiscal year 2010;
                    ``(C) $33,390,000 for fiscal year 2011; and
                    ``(D) $34,020,000 for fiscal year 2012.
            ``(3) To operate hydrographic survey vessels owned by the 
        United States and operated by the Administration--
                    ``(A) $25,900,000 for fiscal year 2009;
                    ``(B) $26,400,000 for fiscal year 2010;
                    ``(C) $26,900,000 for fiscal year 2011; and
                    ``(D) $27,400,000 for fiscal year 2012.
            ``(4) To carry out geodetic functions under this title--
                    ``(A) $32,640,000 for fiscal year 2009;
                    ``(B) $33,280,000 for fiscal year 2010;
                    ``(C) $33,920,000 for fiscal year 2011; and
                    ``(D) $34,560,000 for fiscal year 2012.
            ``(5) To carry out tide and current measurement functions 
        under this title--
                    ``(A) $27,000,000 for fiscal year 2009;
                    ``(B) $27,500,000 for fiscal year 2010;
                    ``(C) $28,000,000 for fiscal year 2011; and
                    ``(D) $28,500,000 for fiscal year 2012.
            ``(6) To acquire a replacement hydrographic survey vessel 
        capable of staying at sea continuously for at least 30 days 
        $75,000,000.''.

SEC. 6. AUTHORIZED NOAA CORPS STRENGTH.

    Section 215 of the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3005) is amended to 
read as follows:

``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.

    ``Effective <<NOTE: Effective date.>> October 1, 2009, the total 
number of authorized commissioned officers on the lineal list of the 
commissioned corps of the National Oceanic and Atmospheric 
Administration shall be increased from 321 to 379 if--
            ``(1) the Secretary has submitted to the Congress--

[[Page 122 STAT. 4109]]

                    ``(A) the Administration's ship recapitalization 
                plan for fiscal years 2010 through 2024;
                    ``(B) the Administration's aircraft remodernization 
                plan; and
                    ``(C) supporting workforce management plans;
            ``(2) appropriated funding is available; and
            ``(3) the Secretary has justified organizational needs for 
        the commissioned corps for each such fiscal year.''

    Approved October 10, 2008.

LEGISLATIVE HISTORY--S. 1582:
---------------------------------------------------------------------------

SENATE REPORTS: No. 110-218 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 26, considered and passed Senate.
            Sept. 29, considered and passed House.

                                  <all>
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