H. R. 4883—16
Administration, the authority vested in the Secretary of Defense
and the Secretaries of the military departments and their respective
departments shall be exercised by the Secretary of Commerce.
SEC. 263. MEDICAL AND DENTAL CARE.
The Secretary may provide medical and dental care, including
care in private facilities, for personnel of the Administration entitled
to that care by law or regulation.
SEC. 264. COMMISSARY PRIVILEGES.
(a) EXTENSION
OF PRIVILEGE.—Commissioned officers, ships’
officers, and members of crews of vessels of the Administration
shall be permitted to purchase commissary and quartermaster sup-
plies as far as available from the Armed Forces at the prices
charged officers and enlisted members of the Armed Forces.
(b) SALES OF RATIONS, STORES, UNIFORMS, AND RELATED EQUIP-
MENT.—The Secretary may purchase ration supplies for messes,
stores, uniforms, accouterments, and related equipment for sale
aboard ship and shore stations of the Administration to members
of the uniformed services and to personnel assigned to such ships
or shore stations. Sales shall be in accordance with regulations
prescribed by the Secretary, and proceeds therefrom shall, as far
as is practicable, fully reimburse the appropriations charged without
regard to fiscal year.
(c) SURVIVING SPOUSES’ RIGHTS.—Rights extended to members
of the uniformed services in this section are extended to their
surviving spouses and to such others as are designated by the
Secretary concerned.
SEC. 265. AUTHORITY TO USE APPROPRIATED FUNDS FOR TRANSPOR-
TATION AND REIMBURSEMENT OF CERTAIN ITEMS.
(a) TRANSPORTATION
OF EFFECTS
OF DECEASED OFFICERS.—
In the case of an officer who dies on active duty, the Secretary
may provide, from appropriations made available to the Administra-
tion, transportation (including packing, unpacking, crating, and
uncrating) of personal and household effects of that officer to the
official residence of record of that officer. However, upon application
by the dependents of such an officer, such transportation may
be provided to such other location as may be determined by the
Secretary.
(b) REIMBURSEMENT FOR SUPPLIES FURNISHED BY OFFICERS TO
DISTRESSED AND SHIPWRECKED PERSONS.—Under regulations pre-
scribed by the Secretary, appropriations made available to the
Administration may be used to reimburse an officer for food,
clothing, medicines, and other supplies furnished by the officer—
(1) for the temporary relief of distressed persons in remote
localities; or
(2) to shipwrecked persons who are temporarily provided
for by the officer.
SEC. 266. PRESENTATION OF UNITED STATES FLAG UPON RETIRE-
MENT.
(a) PRESENTATION
OF FLAG UPON RETIREMENT.—Upon the
release of a commissioned officer from active commissioned service
for retirement, the Secretary shall present a United States flag
to the officer.
(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—An officer is
not eligible for presentation of a flag under subsection (a) if the
H. R. 4883—17
officer has previously been presented a flag under this section
or any other provision of law providing for the presentation of
a United States flag incident to release from active service for
retirement.
(c) NO COST TO RECIPIENT.—The presentation of a flag under
this section shall be at no cost to the recipient.
Subtitle F—Repeals and Conforming
Amendments
SEC. 271. REPEALS.
The following provisions of law are repealed:
(1) The Coast and Geodetic Survey Commissioned Officers’
Act of 1948 (33 U.S.C. 853a et seq.).
(2) Section 3 of the Act of August 10, 1956 (33 U.S.C.
857a).
(3) Public Law 91–621 (33 U.S.C. 857–1 et seq.).
(4) Section 16 of the Act of May 22, 1917 (33 U.S.C. 854,
855, 856, 857, and 858).
(5) Section 1 of the Act of July 22, 1947 (33 U.S.C. 874).
(6) Section 11 of the Act entitled ‘‘An Act to increase
the efficiency of the commissioned and enlisted personnel of
the Army, Navy, Marine Corps, Coast Guard, Coast and Geo-
detic Survey, and Public Health Service’’, enacted May 18,
1920 (33 U.S.C. 864).
(7) Section 636(a)(17) of the Foreign Assistance Act of 1961
(22 U.S.C. 2396(a)(17)).
SEC. 272. CONFORMING AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Section 1406(g) of title
10, United States Code, is amended by striking ‘‘section 16 of
the Coast and Geodetic Survey Commissioned Officers’ Act of 1948
(33 U.S.C. 853o)’’ and inserting ‘‘section 305 of the National Oceanic
and Atmospheric Administration Commissioned Officers Act of
2002’’.
(b) PUBLIC LAW 104–106.—Section 566(c) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 328; 10 U.S.C. 1293 note) is amended by striking
‘‘the Coast and Geodetic Survey Commissioned Officers’ Act of 1948’’
and inserting ‘‘the National Oceanic and Atmospheric Administra-
tion Commissioned Officer Corps Act of 2002’’.
TITLE III—VARIOUS FISHERIES
CONSERVATION REAUTHORIZATIONS
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Fisheries Conservation Act
of 2002’’.
SEC. 302. REAUTHORIZATION AND AMENDMENT OF THE INTERJURIS-
DICTIONAL FISHERIES ACT OF 1986.
(a) REAUTHORIZATION.—Section 308 of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107) is amended—
(1) by amending subsection (a) to read as follows:
H. R. 4883—18
‘‘(a) GENERAL APPROPRIATIONS.—There are authorized to be
appropriated to the Department of Commerce for apportionment
to carry out the purposes of this title—
‘‘(1) $5,400,000 for each of fiscal years 2003 and 2004;
and
‘‘(2) $5,900,000 for each of fiscal years 2005 and 2006.’’;
and
(2) in subsection (c) by striking ‘‘$700,000 for fiscal year
1997, and $750,000 for each of the fiscal years 1998, 1999,
and 2000’’ and inserting ‘‘$850,000 for each of fiscal years
2003 and 2004, and $900,000 for each of fiscal years 2005
and 2006’’.
(b) PURPOSES OF THE INTERJURISDICTIONAL FISHERIES ACT OF
1986.—Section 302 of the Interjurisdictional Fisheries Act of 1986
(16 U.S.C. 4101) is amended by striking ‘‘and’’ after the semicolon
at the end of paragraph (1), striking the period at the end of
paragraph (2) and inserting ‘‘; and’’, and adding at the end the
following:
‘‘(3) to promote and encourage research in preparation for
the implementation of the use of ecosystems and interspecies
approaches to the conservation and management of interjuris-
dictional fishery resources throughout their range.’’.
SEC. 303. REAUTHORIZATION AND AMENDMENT OF THE ANADROMOUS
FISH CONSERVATION ACT.
(a) REAUTHORIZATION.—Section 4 of the Anadromous Fish Con-
servation Act (16 U.S.C. 757d) is amended to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 4. (a)(1) There are authorized to be appropriated to carry
out the purposes of this Act not to exceed the following sums:
‘‘(A) $4,750,000 for each of fiscal years 2003 and 2004;
and
‘‘(B) $5,000,000 for each of fiscal years 2005 and 2006.
‘‘(2) Sums appropriated under this subsection are authorized
to remain available until expended.
‘‘(b) Not more than $625,000 of the funds appropriated under
this section in any one fiscal year shall be obligated in any one
State.’’.
(b) RESEARCH ON AND USE OF ECOSYSTEMS AND INTERSPECIES
APPROACHES TO CONSERVATION AND MANAGEMENT.—The first sec-
tion of the Anadromous Fish Conservation Act (16 U.S.C. 757a)
is amended in subsection (b) by inserting ‘‘(1)’’ after ‘‘(b)’’, and
by adding at the end the following:
‘‘(2) In carrying out responsibilities under this section, the
Secretary shall conduct, promote, and encourage research in
preparation for the implementation of the use of ecosystems and
interspecies approaches to the conservation and management of
anadromous and Great Lakes fishery resources.’’.
SEC. 304. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION
ACT OF 1975.
Section 10 of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971h) is amended to read as follows:
H. R. 4883—19
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 10. (a) IN GENERAL.—There are authorized to be appro-
priated to carry out this Act, including use for payment of the
United States share of the joint expenses of the Commission as
provided in Article X of the Convention, the following sums:
‘‘(1) For each of fiscal years 2003 and 2004, $5,480,000.
‘‘(2) For each of fiscal years 2005 and 2006, $5,495,000.
‘‘(b) ALLOCATION.—Of amounts available under this section for
each fiscal year—
‘‘(1) $150,000 are authorized for the advisory committee
established under section 4 and the species working groups
established under section 4A; and
‘‘(2) $4,240,000 are authorized for research activities under
this Act and the Act of September 4, 1980 (16 U.S.C. 971i).’’.
SEC. 305. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISH-
ERIES CONVENTION ACT OF 1995.
Section 211 of the Northwest Atlantic Fisheries Convention
Act of 1995 (16 U.S.C. 5610) is amended by striking ‘‘2001’’ and
inserting ‘‘2006’’.
SEC. 306. EXTENSION OF DEADLINE.
(a) EXTENSION OF DEADLINE.—The Oceans Act of 2000 (Public
Law 106–256) is amended—
(1) in section 3(i) (114 Stat. 648) by striking ‘‘30 days’’
and inserting ‘‘90 days’’; and
(2) in section 4(a) (114 Stat. 648; 33 U.S.C. 857–19 note)
by striking ‘‘120 days’’ and inserting ‘‘90 days’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 3(j) of such
Act (114 Stat. 648) is amended by striking ‘‘$6,000,000’’ and
inserting ‘‘$8,500,000’’.
(c) TECHNICAL CORRECTIONS.—Section 3(e) of such Act (114
Stat. 646) is amended—
(1) in paragraph (1) by striking the colon in the third
sentence and inserting a period;
(2) by inserting immediately after such period the following:
‘‘(2) NOTICE; MINUTES; PUBLIC AVAILABILITY
OF DOCU-
MENTS.—’’; and
(3) by redesignating the subsequent paragraphs in order
as paragraphs (3) and (4), respectively.
TITLE IV—MISCELLANEOUS
SEC. 401. CHESAPEAKE BAY OFFICE.
(a) REAUTHORIZATION OF OFFICE.—Section 307 of the National
Oceanic and Atmospheric Administration Authorization Act of 1992
(15 U.S.C. 1511d) is amended to read as follows:
‘‘SEC. 307. CHESAPEAKE BAY OFFICE.
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Commerce shall
establish, within the National Oceanic and Atmospheric Administra-
tion, an office to be known as the Chesapeake Bay Office (in
this section referred to as the ‘Office’).
‘‘(2) The Office shall be headed by a Director who shall be
appointed by the Secretary of Commerce, in consultation with the
Chesapeake Executive Council. Any individual appointed as
H. R. 4883—20
Director shall have knowledge and experience in research or
resource management efforts in the Chesapeake Bay.
‘‘(3) The Director may appoint such additional personnel for
the Office as the Director determines necessary to carry out this
section.
‘‘(b) FUNCTIONS.—The Office, in consultation with the Chesa-
peake Executive Council, shall—
‘‘(1) provide technical assistance to the Administrator, to
other Federal departments and agencies, and to State and
local government agencies in—
‘‘(A) assessing the processes that shape the Chesapeake
Bay system and affect its living resources;
‘‘(B) identifying technical and management alternatives
for the restoration and protection of living resources and
the habitats they depend upon; and
‘‘(C) monitoring the implementation and effectiveness
of management plans;
‘‘(2) develop and implement a strategy for the National
Oceanic and Atmospheric Administration that integrates the
science, research, monitoring, data collection, regulatory, and
management responsibilities of the Secretary of Commerce in
such a manner as to assist the cooperative, intergovernmental
Chesapeake Bay Program to meet the commitments of the
Chesapeake Bay Agreement;
‘‘(3) coordinate the programs and activities of the various
organizations within the National Oceanic and Atmospheric
Administration, the Chesapeake Bay Regional Sea Grant Pro-
grams, and the Chesapeake Bay units of the National Estuarine
Research Reserve System, including—
‘‘(A) programs and activities in—
‘‘(i) coastal and estuarine research, monitoring, and
assessment;
‘‘(ii) fisheries research and stock assessments;
‘‘(iii) data management;
‘‘(iv) remote sensing;
‘‘(v) coastal management;
‘‘(vi) habitat conservation and restoration; and
‘‘(vii) atmospheric deposition; and
‘‘(B) programs and activities of the Cooperative Oxford
Laboratory of the National Ocean Service with respect
to—
‘‘(i) nonindigenous species;
‘‘(ii) estuarine and marine species pathology;
‘‘(iii) human pathogens in estuarine and marine
environments; and
‘‘(iv) ecosystem health;
‘‘(4) coordinate the activities of the National Oceanic and
Atmospheric Administration with the activities of the Environ-
mental Protection Agency and other Federal, State, and local
agencies;
‘‘(5) establish an effective mechanism which shall ensure
that projects have undergone appropriate peer review and pro-
vide other appropriate means to determine that projects have
acceptable scientific and technical merit for the purpose of
achieving maximum utilization of available funds and resources
to benefit the Chesapeake Bay area;
H. R. 4883—21
‘‘(6) remain cognizant of ongoing research, monitoring, and
management projects and assist in the dissemination of the
results and findings of those projects; and
‘‘(7) submit a biennial report to the Congress and the
Secretary of Commerce with respect to the activities of the
Office and on the progress made in protecting and restoring
the living resources and habitat of the Chesapeake Bay, which
report shall include an action plan consisting of—
‘‘(A) a list of recommended research, monitoring, and
data collection activities necessary to continue implementa-
tion of the strategy described in paragraph (2); and
‘‘(B) proposals for—
‘‘(i) continuing any new National Oceanic and
Atmospheric Administration activities in the Chesa-
peake Bay; and
‘‘(ii) the integration of those activities with the
activities of the partners in the Chesapeake Bay Pro-
gram to meet the commitments of the Chesapeake
2000 agreement and subsequent agreements.
‘‘(c) CHESAPEAKE BAY FISHERY
AND HABITAT RESTORATION
SMALL WATERSHED GRANTS PROGRAM.—
‘‘(1) IN
GENERAL.—The Director of the Chesapeake Bay
Office of the National Oceanic and Atmospheric Administration
(in this section referred to as the ‘Director’), in cooperation
with the Chesapeake Executive Council, shall carry out a
community-based fishery and habitat restoration small grants
and technical assistance program in the Chesapeake Bay water-
shed.
‘‘(2) PROJECTS.—
‘‘(A) SUPPORT.—The Director shall make grants under
this subsection to pay the Federal share of the cost of
projects that are carried out by entities eligible under para-
graph (3) for the restoration of fisheries and habitats in
the Chesapeake Bay.
‘‘(B) FEDERAL
SHARE.—The Federal share under
subparagraph (A) shall not exceed 75 percent.
‘‘(C) TYPES OF PROJECTS.—Projects for which grants
may be made under this subsection include—
‘‘(i) the improvement of fish passageways;
‘‘(ii) the creation of natural or artificial reefs or
substrata for habitats;
‘‘(iii) the restoration of wetland or sea grass;
‘‘(iv) the production of oysters for restoration
projects; and
‘‘(v) the prevention, identification, and control of
nonindigenous species.
‘‘(3) ELIGIBLE ENTITIES.—The following entities are eligible
to receive grants under this subsection:
‘‘(A) The government of a political subdivision of a
State in the Chesapeake Bay watershed, and the govern-
ment of the District of Columbia.
‘‘(B) An organization in the Chesapeake Bay watershed
(such as an educational institution or a community
organization)—
‘‘(i) that is described in section 501(c) of the
Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of that Code; and
H. R. 4883—22
‘‘(ii) that will administer such grants in coordina-
tion with a government referred to in subparagraph
(A).
‘‘(4) ADDITIONAL REQUIREMENTS.—The Director may pre-
scribe any additional requirements, including procedures, that
the Director considers necessary to carry out the program under
this subsection.
‘‘(d) CHESAPEAKE EXECUTIVE COUNCIL.—For purposes of this
section, ‘Chesapeake Executive Council’ means the representatives
from the Commonwealth of Virginia, the State of Maryland, the
Commonwealth of Pennsylvania, the Environmental Protection
Agency, the District of Columbia, and the Chesapeake Bay Commis-
sion, who are signatories to the Chesapeake Bay Agreement, and
any future signatories to that Agreement.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Department of Commerce for the Chesa-
peake Bay Office $6,000,000 for each of fiscal years 2002 through
2006.’’.
(b) CONFORMING AMENDMENT.—Section 2 of the National Oce-
anic and Atmospheric Administration Marine Fisheries Program
Authorization Act (Public Law 98–210; 97 Stat. 1409) is amended
by striking subsection (e).
(c) MULTIPLE SPECIES MANAGEMENT STRATEGY.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Director of the Chesapeake Bay
Office of the National Oceanic and Atmospheric Administration
shall begin a 5-year study, in cooperation with the scientific
community of the Chesapeake Bay, appropriate State and inter-
state resource management entities, and appropriate Federal
agencies—
(A) to determine and expand the understanding of
the role and response of living resources in the Chesapeake
Bay ecosystem; and
(B) to develop a multiple species management strategy
for the Chesapeake Bay.
(2) REQUIRED ELEMENTS OF STUDY.—In order to improve
the understanding necessary for the development of the
strategy under paragraph (1)(B), the study shall—
(A) determine the current status and trends of fish
and shellfish that live in the Chesapeake Bay and its
tributaries and are selected for study;
(B) evaluate and assess interactions among the fish
and shellfish referred to in subparagraph (A) and other
living resources, with particular attention to the impact
of changes within and among trophic levels; and
(C) recommend management actions to optimize the
return of a healthy and balanced ecosystem for the Chesa-
peake Bay.
SEC. 402. CONVEYANCE OF NOAA LABORATORY IN TIBURON, CALI-
FORNIA.
(a) IN GENERAL.—Except as provided in subsection (c), the
Secretary of Commerce shall convey to the Board of Trustees of
the California State University, by suitable instrument, in accord-
ance with this section, by as soon as practicable, but not later
than 180 days after the date of the enactment of this Act, and
without consideration, all right, title, and interest of the United
H. R. 4883—23
States in the balance of the National Oceanic and Atmospheric
Administration property known as the Tiburon Laboratory, located
in Tiburon, California, as described in Exhibit A of the notarized,
revocable license between the Administration and Romberg Tiburon
Center for Environmental Studies at San Francisco State University
dated November 5, 2001 (license number 01ABF779–N).
(b) CONDITIONS.—As a condition of any conveyance by the Sec-
retary under this section the Secretary shall require the following:
(1) The property conveyed shall be administered by the
Romberg Tiburon Center for Environmental Studies at San
Francisco State University and used only for the following
purposes:
(A) To enhance estuarine scientific research and
estuary restoration activities within San Francisco Bay.
(B) To administer and coordinate management activi-
ties at the San Francisco Bay National Estuarine Research
Reserve.
(C) To conduct education and interpretation and out-
reach activities to enhance public awareness and apprecia-
tion of estuary resources, and for other purposes.
(2) The Board shall—
(A) take title to the property as is;
(B) assume full responsibility for all facility mainte-
nance and repair, security, fire prevention, utilities, signs,
and grounds maintenance;
(C) allow the Secretary to have all necessary ingress
and egress over the property of the Board to access Depart-
ment of Commerce building and related facilities, equip-
ment, improvements, modifications, and alterations; and
(D) not erect or allow to be erected any structure
or structures or obstruction of whatever kind that will
interfere with the access to or operation of property
retained for the United States under subsection (c)(1),
unless prior written consent has been provided by the
Secretary to the Board.
(c) RETAINED INTERESTS.—The Secretary shall retain for the
United States—
(1) all right, title, and interest in and to the portion of
the property referred to in subsection (a) comprising Building
86, identified as Parcel C on Exhibit A of the license referred
to in subsection (a), including all facilities, equipment, fixtures,
improvements, modifications, or alterations made by the Sec-
retary;
(2) rights-of-way and easements that are determined by
the Secretary to be reasonable and convenient to ensure all
necessary ingress, egress, utilities, drainage, and sewage dis-
posal for the property retained under paragraph (1), including
access to the existing boat launch ramp (or equivalent) and
parking that is suitable to the Secretary;
(3) the exclusive right to install, maintain, repair, replace,
and remove its facilities, fixtures, and equipment on the
retained property, and to authorize other persons to take any
such action;
(4) the right to grade, condition, and install drainage facili-
ties, and to seed soil on the retained property, if necessary;
and
H. R. 4883—24
(5) the right to remove all obstructions from the retained
property that may constitute a hindrance to the establishment
and maintenance of the retained property.
(d) EQUIVALENT ALTERNATIVE.—
(1) IN GENERAL.—At any time, either the Secretary or the
Board may request of each other to enter into negotiations
pursuant to which the Board may convey if appropriate to
the United States, in exchange for property conveyed by the
United States under subsection (a), another building that is
equivalent in function to the property retained under subsection
(c) that is acceptable to the Secretary.
(2) LOCATION.—Property conveyed by the Board under this
subsection is not required to be located on the property referred
to in subsection (a).
(3) COSTS.—If the Secretary and the Board engage in a
property exchange under this subsection, all costs for repair,
removal, and moving of facilities, equipment, fixtures, improve-
ments, modifications, or alterations, including power, control,
and utilities, that are necessary for the exchange—
(A) shall be the responsibility of the Secretary, if the
action to seek an equivalent alternative was requested
by the Secretary in response to factors unrelated to the
activities of the Board or its operatives in the operation
of its facilities; or
(B) shall be the responsibility of the Board, if the
Secretary’s request for an equivalent alternative was in
response to changes or modifications made by the Board
or its operatives that adversely affected the Secretary’s
interest in the property retained under subsection (c).
(e) ADDITIONAL CONDITIONS.—As conditions of any conveyance
under subsection (a)—
(1) the Secretary shall require that—
(A) the Board remediate, or have remediated, at its
sole cost, all hazardous or toxic substance contamination
found on the property conveyed under subsection (a),
whether known or unknown at the time of the conveyance
or later discovered; and
(B) the Board of Trustees hold harmless the Secretary
for any and all costs, liabilities, or claims by third parties
that arise out of any hazardous or toxic substance contami-
nation found on the property conveyed under subsection
(a) that are not directly attributable to the installation,
operation, or maintenance of the Secretary’s facilities,
equipment, fixtures, improvements, modifications, or alter-
ations;
(2) the Secretary shall remediate, at the sole cost of the
United States, all hazardous or toxic substance contamination
on the property retained under subsection (c) that is found
to have occurred as a direct result of the installation, operation,
or maintenance of the Secretary’s facilities, equipment, fixtures,
improvements, modifications, or alterations; and
(3) if the Secretary decides to terminate future occupancy
and interest of the property retained under subsection (c), the
Secretary shall—
(A) provide written notice to the Board at least 60
days prior to the scheduled date when the property will
be vacated;