I

103D CONGRESS

2D SESSION H. R. 4008

To authorize appropriations for the National Oceanic and Atmospheric

Administration for fiscal years 1994 and 1995, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 10, 1994

Mr. ORTIZ (for himself, Mr. WELDON, Mr. STUDDS, Mr. FIELDS of Texas,

Mr. LIPINSKI, Mr. MANTON and Mr. YOUNG of Alaska) introduced the

following bill; which was referred to the Committee on Merchant Marine

and Fisheries

A BILL

To authorize appropriations for the National Oceanic and

Atmospheric Administration for fiscal years 1994 and

1995, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Oceanic and

5 Atmospheric Administration Authorization Act of 1994’’.

6 SEC. 2. DEFINITIONS.

7 For the purposes of this Act, the term—

8 (1) ‘‘Act of 1890’’ means the Act entitled ‘‘An

9 Act to increase the efficiency and reduce the ex-
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1 penses of the Signal Corps of the Army, and to

2 transfer the Weather Bureau to the Department of

3 Agriculture’’, approved October 1, 1890 (26 Stat.

4 653);

5 (2) ‘‘Act of 1947’’ means the Act entitled ‘‘An

6 Act to define the functions and duties of the Coast

7 and Geodetic Survey, and for other purposes’’, ap8 proved August 6, 1947 (33 U.S.C. 883a et seq.);

9 and

10 (3) ‘‘Act of 1970’’ means the Act entitled ‘‘An

11 Act to clarify the status and benefits of commis12 sioned officers of the National Oceanic and Atmos13 pheric Administration, and for other purposes’’, ap14 proved December 31, 1970 (33 U.S.C. 857–1 et

15 seq.).

16 TITLE I—NOAA OCEAN AND

17 COASTAL PROGRAMS

18 SEC. 101. NATIONAL OCEAN SERVICE.

19 (a) MAPPING AND CHARTING.—

20 (1) IN GENERAL.—There are authorized to be

21 appropriated to the Secretary of Commerce, to en22 able the National Oceanic and Atmospheric Adminis23 tration to carry out mapping and charting activities

24 under the Act of 1947 and any other law involving
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1 those activities, $28,500,000 for fiscal year 1994

2 and $29,505,000 for fiscal year 1995.

3 (2) AUTOMATED NAUTICAL CHARTING.—In ad4 dition to amounts authorized under paragraph (1),

5 there are authorized to be appropriated to the Sec6 retary of Commerce, to enable the National Oceanic

7 and Atmospheric Administration to develop and im8 plement an automated nautical charting system,

9 $1,300,000 for fiscal year 1994 and $1,300,000 for

10 fiscal year 1995.

11 (b) GEODESY.—There are authorized to be appro12 priated to the Secretary of Commerce, to enable the Na13 tional Oceanic and Atmospheric Administration to carry

14 out geodesy activities under the Act of 1947 and any other

15 law involving those activities, $17,900,000 for fiscal year

16 1994 and $19,332,000 for fiscal year 1995.

17 (c) OBSERVATION AND PREDICTION.—

18 (1) IN GENERAL.—There are authorized to be

19 appropriated to the Secretary of Commerce, to en20 able the National Oceanic and Atmospheric Adminis21 tration to carry out observation and prediction ac22 tivities under the Act of 1947 and any other law in23 volving those activities, $11,800,000 for fiscal year

24 1994 and $12,423,000 for fiscal year 1995.
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1 (2) CIRCULATORY SURVEY PROGRAM.—In addi2 tion to amounts authorized under paragraph (1),

3 there are authorized to be appropriated to the Sec4 retary of Commerce, to enable the National Oceanic

5 and Atmospheric Administration to carry out the

6 Circulatory Survey Program, $700,000 for fiscal

7 year 1994 and $700,000 for fiscal year 1995.

8 (3) OCEAN AND EARTH SCIENCES.—In addition

9 to amounts authorized under paragraph (1), there

10 are authorized to be appropriated to the Secretary

11 of Commerce, to enable the National Oceanic and

12 Atmospheric Administration to carry out ocean and

13 earth science activities, $4,442,000 for fiscal year

14 1994 and $4,442,000 for fiscal year 1995.

15 (4) CENTER FOR OCEAN ANALYSIS AND PRE16 DICTION.—In addition to amounts authorized under

17 paragraph (1), there are authorized to be appro18 priated to the Secretary of Commerce, to enable the

19 National Oceanic and Atmospheric Administration

20 to continue the activities of the Center for Ocean

21 Analysis and Prediction, $400,000 for fiscal year

22 1994 and $400,000 for fiscal year 1995.

23 (d) ESTUARINE AND COASTAL ASSESSMENT.—

24 (1) IN GENERAL.—In addition to amounts au25 thorized under paragraph (1), there are authorized
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1 to be appropriated to the Secretary of Commerce, to

2 enable the National Oceanic and Atmospheric ad3 ministration to support estuarine and coastal assess4 ment activities under the Act of 1947 and any other

5 law involving those activities, $2,420,000 for fiscal

6 year 1994 and $2,420,000 for fiscal year 1995.

7 (2) OCEAN ASSESSMENT.—In addition to

8 amounts authorized under paragraph (1), there are

9 authorized to be appropriated to the Secretary of

10 Commerce, to enable the National Oceanic and At11 mospheric Administration to carry out the National

12 Status and Trends Program, the Strategic Environ13 mental Assessment Program, and the Hazardous

14 Materials Response Program, $17,369,000 for fiscal

15 year 1994 and $19,000,000 for fiscal year 1995.

16 (3) DAMAGE ASSESSMENT PROGRAM.—In addi17 tion to amounts authorized under paragraph (1),

18 there are authorized to be appropriated to the Sec19 retary of Commerce, to enable the National Oceanic

20 and Atmospheric Administration to carry out the

21 Damage Assessment Program, $1,200,000 for fiscal

22 year 1994 and $1,200,000 for fiscal year 1995.

23 (4) COASTAL OCEAN PROGRAM.—In addition to

24 amounts authorized under paragraph (1), there are

25 authorized to be appropriated to the Secretary of
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1 Commerce to, enable the National Oceanic and At2 mospheric Administration to carry out the Coastal

3 Ocean Program, $11,400,000 for fiscal year 1994

4 and $11,433,000 for fiscal year 1995. Of the

5 amounts authorized under this paragraph for fiscal

6 years 1994 and 1995, a total of $200,000 is avail7 able until expended to study the use of oceano8 graphic data obtained from satellite imagery and

9 other sources to determine and predict the presence

10 of endangered sea turtles in the Gulf of Mexico.

11 SEC. 102. OCEAN AND GREAT LAKES RESEARCH.

12 (a) MARINE PREDICTION RESEARCH.—

13 (1) IN GENERAL.—There are authorized to be

14 appropriated to the Secretary of Commerce, to en15 able the National Oceanic and Atmospheric Adminis16 tration to carry out marine prediction research ac17 tivities under the Act of 1947, the Act of 1890, and

18 any other law involving those activities, $9,200,000

19 for fiscal year 1994 and $10,000,000 for fiscal year

20 1995.

21 (2) GREAT LAKES ENVIRONMENTAL RESEARCH

22 LABORATORY.—

23 (A) IN GENERAL.—There are authorized to

24 be appropriated to the Secretary of Commerce,

25 for the operation and maintenance of the Great
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1 Lakes Environmental Research Laboratory,

2 $4,558,000 for fiscal year 1994 and $4,558,000

3 for fiscal year 1995.

4 (B) GREAT LAKES NEARSHORE RE5 SEARCH.—There are authorized to be appro6 priated to the Secretary of Commerce, to enable

7 the National Oceanic and Atmospheric Admin8 istration to carry out nearshore research activi9 ties of the Great Lakes Environmental Re10 search Laboratory, $200,000 for fiscal year

11 1994 and $200,000 for fiscal year 1995.

12 (3) SOUTHEAST FLORIDA AND CARIBBEAN RE13 CRUITMENT PROGRAM.—In addition to amounts au14 thorized under paragraph (1), there are authorized

15 to be appropriated to the Secretary of Commerce a

16 total of $2,000,000 for fiscal years 1994 and 1995

17 to enable the National Oceanic and Atmospheric Ad18 ministration to carry out, through the Cooperative

19 Institute for Marine and Atmospheric Studies, col20 laborative investigations to examine the physical and

21 biological processes which—

22 (A) occur in tropical marine environments

23 in coastal waters of the United States, Florida,

24 and the Caribbean; and
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1 (B) impact variability and development of

2 fisheries resources.

3 TITLE II—ADMINISTRATION AND

4 OTHER ACCOUNTS

5 SEC. 201. PROGRAM SUPPORT.

6 (a) MARINE SERVICES.—There are authorized to be

7 appropriated to the Secretary of Commerce, to enable the

8 National Oceanic and Atmospheric Administration to

9 carry out marine services activities (including ship oper10 ations, maintenance, and support) under the Act of 1947

11 and any other law involving those activities, $62,037,000

12 for fiscal year 1994 and $63,588,000 for fiscal year 1995.

13 TITLE III—MISCELLANEOUS

14 NOAA PROGRAMS

15 SEC. 301. NAUTICAL PRODUCTS.

16 (a) DEPOSIT AND USE OF RECEIPTS FROM NAU17 TICAL PRODUCTS.—Notwithstanding section 1307(b) of

18 title 44, United States Code, one-sixth of the fees collected

19 each fiscal year from the sale of nautical products by the

20 National Oceanic and Atmospheric Administration and

21 from any licensing of those products by the National Oce22 anic and Atmospheric Administration which is authorized

23 by law—
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1 (1) shall be deposited into the Operations, Re2 search, and Facilities account of the National Oce3 anic and Atmospheric Administration; and

4 (2) shall be available to the Secretary of Com5 merce, in the manner provided for under section

6 312(d) of the National Marine Sanctuaries Act, only

7 for the acquisition and installation of Physical Ocean

8 Real-Time Systems, the acquisition and maintenance

9 of upgraded hydrographic survey equipment, and

10 other National Ocean Service activities directly relat11 ed to the modernization and improvement of mari12 time safety.

13 (b) BUDGETARY TREATMENT OF RECEIPTS FROM

14 NAUTICAL PRODUCTS.—Amounts deposited and available

15 to the Secretary of Commerce under subsection (a) (1)

16 and (2)—

17 (1) shall not be considered to be offsetting re18 ceipts of the National Oceanic and Atmospheric Ad19 ministration or the Department of Commerce; and

20 (2) shall not be available for administrative

21 costs of the National Oceanic and Atmospheric Ad22 ministration or the Department of Commerce.

23 (c) DEPLOYMENT OF PHYSICAL OCEAN REAL-TIME

24 SYSTEM.—No later than 180 days after the date of enact25 ment of this Act, the Secretary of Commerce shall deploy,
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1 in Galveston Bay and the Houston Ship Channel a Phys2 ical Ocean Real-Time System consisting, at a minimum,

3 of current, wind, tide, salinity, and water level measuring

4 devices and necessary computer links.

5 SEC. 302. USE OF OCEAN RESEARCH RESOURCES OF OTHER

6 FEDERAL AGENCIES.

7 (a) FINDINGS.—The Congress finds the following:

8 (1) Changes in the defense needs of the United

9 States have redefined the status of many defense-re10 lated assets.

11 (2) Observing, monitoring, and predicting the

12 ocean environment has been a high priority for the

13 defense community to support ocean operations.

14 (3) Many advances in ocean research have been

15 made by the defense community which could be

16 shared with civilian researchers.

17 (4) The National Oceanic and Atmospheric Ad18 ministration’s missions to describe and predict the

19 ocean environment, manage the Nation’s ocean and

20 coastal resources, and promote stewardship of the

21 world’s oceans would benefit from increased coopera22 tion with defense agencies.

23 (b) SENSE OF CONGRESS.—It is the sense of the

24 Congress that the National Oceanic and Atmospheric Ad25 ministration should expand its efforts to develop inter-
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1 agency agreements to further the use of defense-related

2 technologies, data, and other resources to support its oce3 anic missions.

4 SEC. 303. NAUTICAL CHARTING MODERNIZATION AND IM5 PROVEMENT.

6 (a) STUDY.—Not later than 120 days after the date

7 of the enactment of this Act, the Secretary of Commerce

8 shall submit to the Committee on Merchant Marine and

9 Fisheries of the House of Representatives and the Com10 mittee on Commerce, Science, and Transportation of the

11 Senate a report on the status of National Ocean and At12 mospheric Administration programs related to marine

13 navigation safety.

14 (b) CONTENTS.—The study under subsection (a)

15 shall include the funding history of navigation-related pro16 grams of the National Oceanic and Atmospheric Adminis17 tration, adjusted for inflation, over at least the last 10

18 fiscal years, and detailed findings and recommendations

19 on the following:

20 (1) The missions and objectives of National

21 Oceanic and Atmospheric Administration’s naviga22 tion-related programs, including regarding the statu23 tory or other authorities that enable or require the

24 National Oceanic and Atmospheric Administration

25 to conduct those programs.
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1 (2) The technological, financial, or other factors

2 that limit the National Oceanic and Atmospheric

3 Administration’s ability to modernize its navigation4 related programs.

5 (3) Near-term actions, without regard to finan6 cial constraints, that are required to enable National

7 Oceanic and Atmospheric Administration to address

8 critical deficiencies in its navigation-related pro9 grams.

10 (4) Actions that need to be taken to allow the

11 National Oceanic and Atmospheric Administration

12 to fulfill its navigation-related responsibilities into

13 the 21st century.

14 (5) A comparison of the resources and activities

15 of National Oceanic and Atmospheric Administra16 tion’s navigation-related programs with those of

17 other Federal agencies supporting the United States

18 maritime infrastructure.

19 (6) Past organizational changes within the Na20 tional Oceanic and Atmospheric Administration and

21 foreseeable future organizational changes that have

22 affected, or would affect, the ability of the National

23 Oceanic and Atmospheric Administration to provide

24 navigation-related services.
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1 SEC. 304. MULLICA RIVER RESEARCH RESERVE.

2 The Secretary of Commerce shall give priority consid3 eration to designating Mullica River, New Jersey, as a na4 tional estuarine reserve under section 315(b) of the Coast5 al Zone Management Act of 1972 (16 U.S.C. 1461(b)).

6 SEC. 305. WEST COAST GROUNDFISH LABORATORY.

7 In selecting a site for placement of a replacement for

8 the National Marine Fisheries Service Lab at Tiburon,

9 California, the Secretary of Commerce shall take into ac10 count the following factors:

11 (1) The proximity of sites considered to—

12 (A) groundfish fisheries, salmon fisheries,

13 and other unique marine study areas;

14 (B) academic and private research institu15 tions which conduct relevant marine habitat

16 and environmental research;

17 (C) other National Oceanic and Atmos18 pheric Administration research and manage19 ment elements; and

20 (D) other Federal, State, and private ma21 rine related research facilities.

22 (2) The ability of the National Oceanic and At23 mospheric Administration to retain current staff.

24 (3) The relative construction and operation

25 costs, including the potential for collocation with

26 other Federal facilities.
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1 SEC. 306. MARINE SANCTUARIES FACILITIES.

2 Not later than 120 days after the date of the enact3 ment of this Act, the Secretary of Commerce shall report

4 to the Committee on Merchant Marine and Fisheries of

5 the House of Representatives and the Committee on Com6 merce, Science, and Transportation of the Senate on re7 quirements for needs of the Department of Commerce for

8 facilities (including real property for facilities) for the Na9 tional Marine Sanctuary Program established under the

10 National Marine Sanctuaries Act (16 U.S.C. 1431 et

11 seq.).

12 SEC. 307. SAN FRANCISCO BAY PORTS SYSTEM.

13 (a) IN GENERAL.—The Secretary of Commerce

14 (hereinafter in this section referred to as the ‘‘Secretary’’)

15 shall establish for San Francisco Bay in accordance with

16 this section the safe navigation system known as the Phys17 ical-Oceanographic Real-Time System (known, and herein18 after in this section referred to, as the ‘‘PORTS System’’),

19 after completion of implementation of section 301(c).

20 (b) STUDY.—After completion of implementation of

21 section 301(c), and not later than 1 year after the date

22 of that completion, the Secretary shall conduct a

23 hydrodynamics modeling study of San Francisco Bay to

24 determine the appropriate technology and equipment and

25 the effective placement of instruments for the establish26 ment of the PORTS System for San Francisco Bay.
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1 (c) IMPLEMENTATION.—

2 (1) IN GENERAL.—Not later than 1 year after

3 the completion of the study under subsection (b), the

4 Secretary, in consultation with the State of Califor5 nia Office of Oil Spill Prevention and Response and

6 subject to paragraph (2), shall acquire, install, and

7 activate appropriate equipment to establish an oper8 ational PORTS System for the San Francisco Bay.

9 (2) CONDITION.—The Secretary may not take

10 any action under paragraph (1) unless the State of

11 California Office has provided to the Secretary ade12 quate assurances that the State will fund the oper13 ation and maintenance of the PORTS System for

14 San Francisco Bay after its installation.

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to the Secretary to carry

17 out this section $4,200,000 for fiscal years 1995 and

18 1996.

19 SEC. 308. CONVEYANCE OF NATIONAL MARINE FISHERIES

20 SERVICE LABORATORY AT GLOUCESTER,

21 MASSACHUSETTS.

22 (a) CONVEYANCE REQUIRED.—

23 (1) IN GENERAL.—The Secretary of Commerce

24 shall convey to the Commonwealth of Massachusetts,

25 all right, title, and interest of the United States in
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1 and to the property comprising the National Marine

2 Fisheries Service laboratory located on Emerson Av3 enue in Gloucester, Massachusetts.

4 (2) TERMS.—A conveyance of property under

5 paragraph (1) shall be made—

6 (A) without payment of consideration; and

7 (B) subject to the terms and conditions

8 specified under subsections (b) and (c).

9 (b) CONDITIONS FOR TRANSFER.—

10 (1) IN GENERAL.—As a condition of any con11 veyance of property under this section, the Common12 wealth of Massachusetts shall assume full respon13 sibility for maintenance of the property for as long

14 as the Commonwealth retains the rights and title to

15 that property.

16 (2) CONTINUED USE OF PROPERTY BY NMFS.—

17 The Secretary may enter into a memorandum of un18 derstanding with the Commonwealth of Massachu19 setts under which the National Marine Fisheries

20 Service is authorized to occupy existing laboratory

21 space on the property conveyed under this section,

22 if—

23 (A) the term of the memorandum of un24 derstanding is for a period of not longer than
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1 5 years beginning on the date of enactment of

2 this Act; and

3 (B) the square footage of the space to be

4 occupied by the National Marine Fisheries

5 Service does not conflict with the needs of, and

6 is agreeable to, the Commonwealth of Massa7 chusetts.

8 (c) REVERSIONARY INTEREST.—All right, title, and

9 interest in and to all property and interests conveyed

10 under this section shall revert to the United States on the

11 date on which the Commonwealth of Massachusetts uses

12 any of the property for any purpose other than the Com13 monwealth of Massachusetts Division of Marine Fisheries

14 resource management program.

15 SEC. 309. REIMBURSEMENT OF EXPENSES.

16 (a) IN GENERAL.—Notwithstanding section 3302 (b)

17 and (c) of title 31, United States Code, and subject to

18 subsection (b), all amounts received by the United States

19 in settlement of, or judgment for, damage claims arising

20 from the October 9, 1992, allision of the vessel

21 ZACHERY into the National Oceanic and Atmospheric

22 Administration research vessel DISCOVERER—

23 (1) shall be retained as an offsetting collection

24 in the Fleet Modernization, Shipbuilding, and Con-
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1 version account of the National Oceanic and Atmos2 pheric Administration;

3 (2) shall be deposited in that account upon re4 ceipt by the United States Government; and

5 (3) shall be available only for obligation for Na6 tional Oceanic and Atmospheric Administration ves7 sel repairs.

8 (b) LIMITATION.—Not more than $518,757.09 of the

9 amounts referred to in subsection (a) may be deposited

10 into the Fleet Modernization, Shipbuilding, and Conver11 sion account pursuant to subsection (a).

12 SEC. 310. NOAA FLEET MODERNIZATION.

13 (a) AUTHORITY TO CONTRACT.—

14 (1) IN GENERAL.—The Secretary may enter

15 into only the following contracts in fiscal year 1995

16 to implement the Plan:

17 (A) A service life extension for the R/V

18 OCEANOGRAPHER.

19 (B) Construction of a medium endurance

20 oceanographic research vessel.

21 (C) A service life extension of the R/V

22 DELAWARE II.

23 (D) Conversion of a T–AGOS vessel for

24 oceanographic research.
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1 (E) Conversion of a T–AGOS vessel for

2 mapping and charting.

3 (F) Construction of a coastal/low endur4 ance vessel for living marine research.

5 (G) Leasing to fulfill any NOAA mission

6 requirements.

7 (H) Necessary repairs to and maintenance

8 of any vessel in the NOAA fleet, subject to sub9 section (b).

10 (I) Necessary requirements, designs, and

11 specifications for future vessel repair, conver12 sion, construction, or lease.

13 (2) CONTRACT DEFINED.—Section 602 of the

14 NOAA Fleet Modernization Act (33 U.S.C. 891) is

15 amended by adding at the end the following:

16 ‘‘(6) ‘contract’ means any contract or other

17 agreement for the construction, conversion, lease,

18 chartering, service life extension, or repair or main19 tenance of any vessel of the NOAA fleet, and provi20 sion of related equipment, including the development

21 of any necessary requirement, design, or specifica22 tion. The term includes contracts entered into on be23 half of the Secretary by another Federal depart24 ment, agencies, or instrumentality, if the vessel

25 which is the subject of the contract will be operated
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1 by or for the benefit of the Department of Com2 merce.’’.

3 (b) LIMITATION ON EXPENDITURES FOR REPAIRS

4 AND MAINTENANCE.—Section 606 of the NOAA Fleet

5 Modernization Act (33 U.S.C. 891d) is amended by add6 ing at the end the following:

7 ‘‘(d) LIMITATION ON EXPENDITURES FOR REPAIR

8 AND MAINTENANCE.—

9 ‘‘(1) IN GENERAL.—Notwithstanding any other

10 law, of the amount appropriated for a fiscal year to

11 the Fleet Modernization, Shipbuilding, and Conver12 sion Account of the National Oceanic and Atmos13 pheric Administration, not more than 10 percent

14 may be expended by the Secretary for repairs and

15 maintenance of vessels in the NOAA fleet.

16 ‘‘(2) APPLICATION.—Paragraph (1) applies to

17 amounts appropriated for a fiscal year after fiscal

18 year 1991.’’.

19 (c) DEFINITIONS.—In this section each of the terms

20 ‘‘contract’’, ‘‘NOAA’’, ‘‘NOAA fleet’’, ‘‘Plan’’, and ‘‘Sec21 retary’’ has the meaning given to that term in section 602

22 of the NOAA Fleet Modernization Act (33 U.S.C. 891),

23 as amended by this section.

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