II
Calendar No. 664
103D CONGRESS
2D SESSION
H. R. 4008
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994
Received; read twice and ordered placed on the calendar
AN ACT
To authorize appropriations for the National Oceanic and
Atmospheric Administration for fiscal years 1995 and
1996, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Oceanic and
Atmospheric Administration Authorization Act of 1994’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the term—
(1) ‘‘Act of 1890’’ means the Act entitled ‘‘An
Act to increase the efficiency and reduce the ex-
penses of the Signal Corps of the Army, and to
transfer the Weather Bureau to the Department of
Agriculture’’, approved October 1, 1890 (26 Stat.
653);
(2) ‘‘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’’, ap-
proved August 6, 1947 (33 U.S.C. 883a et seq.);
and
(3) ‘‘Act of 1970’’ means the Act entitled ‘‘An
Act to clarify the status and benefits of commis-
sioned officers of the National Oceanic and Atmos-
pheric Administration, and for other purposes’’, ap-
proved December 31, 1970 (33 U.S.C. 857–1 et
seq.).
TITLE I—NOAA OCEAN AND
COASTAL PROGRAMS
SEC. 101. NATIONAL OCEAN SERVICE.
(a) MAPPING AND CHARTING.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Secretary of Commerce, to en-
able the National Oceanic and Atmospheric Adminis-
tration to carry out mapping and charting activities
under the Act of 1947 and any other law involving
those activities, $29,005,000 for fiscal year 1995
and $30,049,000 for fiscal year 1996.
(2) AUTOMATED NAUTICAL CHARTING.—In ad-
dition to amounts authorized under paragraph (1),
there are authorized to be appropriated to the Sec-
retary of Commerce, to enable the National Oceanic
and Atmospheric Administration to develop and im-
plement an automated nautical charting system,
$1,300,000 for fiscal year 1995 and $1,347,000 for
fiscal year 1996.
(b) GEODESY.—There are authorized to be appro-
priated to the Secretary of Commerce, to enable the Na-
tional Oceanic and Atmospheric Administration to carry
out geodesy activities under the Act of 1947 and any other
law involving those activities, $19,332,000 for fiscal year
1995 and $20,028,000 for fiscal year 1996.
(c) OBSERVATION AND PREDICTION.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Secretary of Commerce, to en-
able the National Oceanic and Atmospheric Adminis-
tration to carry out observation and prediction ac-
tivities under the Act of 1947 and any other law in-
volving those activities, $12,429,000 for fiscal year
1995 and $12,876,000 for fiscal year 1996.
(2) CIRCULATORY SURVEY PROGRAM.—In addi-
tion to amounts authorized under paragraph (1),
there are authorized to be appropriated to the Sec-
retary of Commerce, to enable the National Oceanic
and Atmospheric Administration to carry out the
Circulatory Survey Program, $700,000 for fiscal
year 1995 and $725,000 for fiscal year 1996.
(3) OCEAN AND EARTH SCIENCES.—In addition
to amounts authorized under paragraph (1), there
are authorized to be appropriated to the Secretary
of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out ocean and
earth science activities, $4,442,000 for fiscal year
1995 and $4,602,000 for fiscal year 1996.
(4) CENTER FOR OCEAN ANALYSIS AND PRE-
DICTION.—In addition to amounts authorized under
paragraph (1), there are authorized to be appro-
priated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration
to continue the activities of the Center for Ocean
Analysis and Prediction, $400,000 for fiscal year
1995 and $414,000 for fiscal year 1996.
(5) OBSERVATION
BUOYS.—In addition to
amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and At-
mospheric Administration to operate and maintain
observation buoys in the Chesapeake Bay, $400,000
for fiscal year 1995 and $414,000 for fiscal year
1996.
(d) ESTUARINE AND COASTAL ASSESSMENT.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Secretary of Commerce, to en-
able the National Oceanic and Atmospheric Adminis-
tration to support estuarine and coastal assessment
activities under the Act of 1947 and any other law
involving those activities, $2,420,000 for fiscal year
1995 and $2,507,000 for fiscal year 1996.
(2) 
OCEAN
ASSESSMENT.—In 
addition 
to
amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and At-
mospheric Administration to carry out the National
Status and Trends Program, the Strategic Environ-
mental Assessment Program, and the Hazardous
Materials Response Program, $18,945,000 for fiscal
year 1995 and $19,627,000 for fiscal year 1996.
(3) DAMAGE ASSESSMENT PROGRAM.—In addi-
tion to amounts authorized under paragraph (1),
there are authorized to be appropriated to the Sec-
retary of Commerce, to enable the National Oceanic
and Atmospheric Administration to carry out the
Damage Assessment Program, $1,500,000 for fiscal
year 1995 and $1,554,000 for fiscal year 1996.
(4) COASTAL OCEAN PROGRAM.—In addition to
amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and At-
mospheric Administration to carry out the Coastal
Ocean Program, $11,433,000 for fiscal year 1995
and $11,845,000 for fiscal year 1996. Of the
amounts authorized under this paragraph for fiscal
years 1995 and 1996, a total of $120,000 is avail-
able until expended to study the use of oceano-
graphic data obtained from satellite imagery and
other sources to determine and predict the presence
of endangered sea turtles in the Gulf of Mexico.
(e) OCEAN MANAGEMENT.—There are authorized to
be appropriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administration to
carry out deep ocean mineral and ocean energy activities,
$500,000 for each of fiscal years 1995 and 1996.
SEC. 102. OCEAN AND GREAT LAKES RESEARCH.
(a) MARINE PREDICTION RESEARCH.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Secretary of Commerce, to en-
able the National Oceanic and Atmospheric Adminis-
tration to carry out marine prediction research ac-
tivities under the Act of 1947, the Act of 1890, and
any other law involving those activities, $10,000,000
for fiscal year 1995 and $10,360,000 for fiscal year
1996.
(2) GREAT LAKES ENVIRONMENTAL RESEARCH
LABORATORY.—
(A) IN GENERAL.—There are authorized to
be appropriated to the Secretary of Commerce,
for the operation and maintenance of the Great
Lakes Environmental Research Laboratory,
$4,558,000 for fiscal year 1995 and $4,722,000
for fiscal year 1996.
(B) 
GREAT
LAKES
NEARSHORE
RE-
SEARCH.—There are authorized to be appro-
priated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Admin-
istration to carry out nearshore research activi-
ties of the Great Lakes Environmental Re-
search Laboratory, $500,000 for each of fiscal
years 1995 and 1996.
(C) ZEBRA MUSSEL RESEARCH.—In addi-
tion to amounts authorized under subparagraph
(A), there are authorized to be appropriated to
the Secretary of Commerce, to enable the Na-
tional Oceanic and Atmospheric Administration
to carry out zebra mussel research activities of
the Great Lakes Environmental Research Lab-
oratory under the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16
U.S.C. 4701 et seq.), $911,000 for fiscal year
1995 and $1,125,000 for fiscal year 1996.
(3) SOUTHEAST FLORIDA AND CARIBBEAN RE-
CRUITMENT PROGRAM.—In addition to amounts au-
thorized under paragraph (1), there are authorized
to be appropriated to the Secretary of Commerce a
total of $2,000,000 for fiscal years 1995 and 1996
to enable the National Oceanic and Atmospheric Ad-
ministration to carry out, through the Cooperative
Institute for Marine and Atmospheric Studies, col-
laborative investigations to examine the physical and
biological processes which—
(A) occur in tropical marine environments
in coastal waters of the United States, Florida,
and the Caribbean; and
(B) impact variability and development of
fisheries resources.
(b) CLIMATE AND GLOBAL CHANGE RESEARCH.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Secretary of Commerce, to en-
able the National Oceanic and Atmospheric Adminis-
tration to carry out climate and global change re-
search activities, $71,000,000 for fiscal year 1995
and $84,012,000 for fiscal year 1996. Of sums ap-
propriated under this subsection, sufficient funds
should be made available by the Secretary of Com-
merce to initiate and support research on the effects
of climate and global change on the Nation’s major
freshwater systems, including the Great Lakes and
the Mississippi River.
(2) ENVIRONMENTAL OBSERVATIONS.—In addi-
tion to the amounts authorized to be appropriated
under paragraph (1), there is authorized to be ap-
propriated to the Secretary of Commerce $7,000,000
for each of fiscal years 1995 and 1996 for a pro-
gram to increase scientific understanding of the
earth by using a network of schools to collect envi-
ronmental observations. Beginning in fiscal year
1996, amounts appropriated for such program may
be obligated only to the extent that an equal or
greater amount of non-Federal funding is provided
for such program.
(3) IMPLEMENTATION
OF
LANDSAT
AGREE-
MENT.—Section 103 of the Land Remote Sensing
Policy Act of 1992 is amended by adding at the end
the following new subsection:
‘‘(c) IMPLEMENTATION OF AGREEMENT.—If negotia-
tions under subsection (a) result in an agreement that the
Landsat Program Management determines generally
achieves the goals stated in subsection (a) (1) through (8),
the Landsat Program Management shall award an exten-
sion, until the practical demise of Landsat 4 or Landsat
5, whichever occurs later, of the existing contract with the
Landsat 6 contractor incorporating the terms of such
agreement.’’.
TITLE II—NOAA MARINE
FISHERY PROGRAMS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
The National Oceanic and Atmospheric Administra-
tion Marine Fisheries Program Authorization Act (Public
Law 98–210; 97 Stat. 1409) is amended—
(1) in section 2(a) by—
(A) striking ‘‘1992 and’’ and inserting
‘‘1992,’’; and
(B) inserting after ‘‘1993’’ the following:
‘‘, $51,092,000 for fiscal year 1995, and
$52,931,000 for fiscal year 1996’’;
(2) in section 3(a) by—
(A) striking ‘‘1992 and’’ and inserting
‘‘1992,’’; and
(B) inserting after ‘‘1993’’ the following:
‘‘, $14,198,000 for fiscal year 1995, and
$14,709,000 for fiscal year 1996’’; and
(3) in section 4(a) by—
(A) striking ‘‘1992 and’’ and inserting
‘‘1992,’’; and
(B) inserting after ‘‘1993’’ the following:
‘‘, $17,089,000 for fiscal year 1995, and
$17,704,000 for fiscal year 1996’’.
SEC. 202. AMENDMENTS TO THE MERCHANT MARINE ACT,
1936.
Section 1104A(b)(2) of the Merchant Marine Act,
1936 (46 App. U.S.C. 1274(b)(2)), is amended in the
third proviso by striking ‘‘, except that no debt may be
placed under this proviso through the Federal Financing
Bank’’.
SEC. 203. SCALLOP RESTORATION PROGRAM.
There are authorized to be appropriated to the Sec-
retary of Commerce $200,000 for each of fiscal years
1995 and 1996, for the establishment and maintenance
of a scallop restoration program for Long Island Sound.
SEC. 
204. 
SALTONSTALL-KENNEDY 
PROGRAM 
AMEND-
MENTS.
(a) IN GENERAL.—Section 2 of the Act of August
11, 1939 (15 U.S.C. 713c–3), popularly known as the
‘‘Saltonstall-Kennedy Act’’, is amended—
(1) by striking ‘‘SEC. 2.’’ the second place it
appears;
(2) in subsection (b)(1) by—
(A) striking subparagraph (B);
(B) striking ‘‘only for—’’ and all that fol-
lows through ‘‘the Secretary—’’ and inserting
‘‘only for use by the Secretary—’’;
(C) redesignating clauses (i), (ii), and (iii)
in order as subparagraphs (A), (B), and (C);
and
(D) moving subparagraphs (A), (B), and
(C), as redesignated by subparagraph (C) of
this paragraph, 2 ems to the left so that the
left margin of those subparagraphs is aligned
with the left margin of section 2(a)(5) of that
Act (15 U.S.C. 713c–3(a)(5)); and
(3) by striking the designation and heading for
subsection (c) and all that follows through para-
graph (4) of that subsection, and inserting the
following:
‘‘(c) FISHERIES
RESEARCH
AND
DEVELOPMENT
PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary shall make
grants from the fund established under subsection
(b) for the purpose of assisting persons in carrying
out research and development projects to promote
the sustainable use and development of United
States fisheries, including harvesting, processing,
aquaculture, marketing, and associated infrastruc-
tures.
‘‘(2) SECRETARY’S
DUTIES.—The Secretary
shall each fiscal year—
‘‘(A) receive at least once, during a 60-day
period specified by the Secretary, applications
for grants under this subsection pursuant to a
Request for Proposals published in the Federal
Register;
‘‘(B) prescribe in that Request for Propos-
als the form and manner in which applications
for grants under this subsection must be made,
including the specification of the information
which must accompany applications to ensure
that the proposed projects comply with Federal
law and can be properly evaluated under para-
graph (3);
‘‘(C) include in that Request for Proposals
a list of priorities for grants under this sub-
section that is based on the priorities rec-
ommended for the fiscal year under paragraph
(3)(F); and
‘‘(D) approve or disapprove each such
application—
‘‘(i) based primarily on the rec-
ommendations of the grants review panel
established under paragraph (3) for the
fiscal year; and
‘‘(ii) before the end of the 90-day pe-
riod beginning on the day after the last
day of the application period specified in
the Request for Proposals under subpara-
graph (A); and
‘‘(E) to the extent amounts are available,
obligate funds for grants for approved applica-
tions before the end of the fiscal year for which
the funds are available, except that up to 10
percent of funds available for a fiscal year may
be obligated in the next fiscal year.
‘‘(3) EVALUATION AND APPROVAL OF PROPOS-
ALS.—
‘‘(A) SUITABILITY FOR EVALUATION.—For
each application received under paragraph (2)
in a fiscal year, the Secretary shall—
‘‘(i) make a determination whether
the project proposed in the application
meets the requirements of this subsection
and is consistent with the priorities rec-
ommended for the fiscal year under sub-
paragraph (F); and
‘‘(ii) if so, forward the proposal to the
grants review panel established for the fis-
cal year under subparagraph (B).
‘‘(B) GRANTS REVIEW PANEL.—Each fis-
cal year, the Secretary shall establish a grants
review panel that consists of individuals with
expertise in fisheries research, development, or
management, that represents a balance among
those disciplines, that is balanced in the rep-
resentation of those disciplines, and that is bal-
anced in the representation of the geographic
regions of the United States. Each grants re-
view panel shall review each proposal forwarded
by the Secretary under subparagraph (A)(ii)
and make recommendations to the Secretary for
awarding grants under this subsection among
those proposals for the fiscal year, subject to
the criteria described in subparagraph (C) and
consistent with the funding available for the
fiscal year.
‘‘(C) CRITERIA FOR EVALUATION OF PRO-
POSALS.—Each grants review panel shall evalu-
ate each proposal as to—
‘‘(i) the value of the proposal in pro-
moting the purpose described in paragraph
(1) in general and in fulfilling the applica-
ble regional priorities recommended under
subparagraph (F);
‘‘(ii) the soundness of its design (in-
cluding the likelihood of securing useful re-
sults, and the organization and manage-
ment of the proposal);
‘‘(iii) the minimization of duplication
within fisheries research and development
activities; and
‘‘(iv) based on the criteria in clauses
(i), (ii) and (iii), the overall quality and
rank of the proposal relative to the other
proposals under review.
‘‘(D) INDUSTRIAL PARTNERS.—In evaluat-
ing and ranking proposals under this subsection
that are of equivalent overall quality and rank
based on the criteria set forth in subparagraph
(C), a grants review panel and the Secretary
shall give preference to proposals in which at
least 1 of the persons that would be a principal
grantee under the proposal receives a substan-
tial portion of income from seafood harvesting,
processing, marketing, or propagation.
‘‘(E) NOTICE OF DECISION BY THE SEC-
RETARY.—If the Secretary approves or dis-
approves an application for a proposal contrary
to the recommendations of a grants review
panel, the Secretary shall notify the panel, the
Committee on Merchant Marine and Fisheries
of the House of Representatives and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate in writing of that decision,
including the reasons for that decision.
‘‘(F) RECOMMENDATIONS
FOR
FUTURE
FUNDING
PRIORITIES.—Each grants review
panel shall, after evaluating proposals and mak-
ing grants recommendations, and after consult-
ing with interested parties, recommend to the
Secretary for the next fiscal year national and
regional priorities for grants under this sub-
section.
‘‘(4) TERMS
AND
CONDITIONS.—Each grant
made under this subsection shall be subject to such
terms and conditions as the Secretary may require
to protect the interests of the United States, includ-
ing the following:
‘‘(A) RECORDS.—The recipient of the
grant—
‘‘(i) must keep such records as the
Secretary shall require as being necessary
and appropriate for disclosing the use
made of grant funds; and
‘‘(ii) shall allow the Secretary and the
Comptroller General of the United States,
or any of their authorized representatives,
access to such records for purposes of
audit and examination.
‘‘(B) AMOUNT OF GRANT.—The amount of
a grant may not be less than 50 percent of the
estimated cost of the project.
‘‘(C) PERIOD
OF
GRANT.—A grant may
not provide funding for more than 2 years from
the date of the release of the funds to the
grantee.
‘‘(D) STATUS REPORT.—The recipient of a
grant shall submit annually to the Secretary a
project status report. The Secretary may not
release funds to the recipient for any subse-
quent period of funding for that grant or for
any other grant to that recipient made by the
Secretary under this subsection until the Sec-
retary receives that report.’’.
(b) APPLICATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section
apply to fiscal years beginning after the date of the
enactment of this Act.
(2) LIST OF REGIONAL PRIORITIES.—Notwith-
standing section 2(c)(2)(C) of the Act of August 11,
1939, as amended by subsection (a)(2) of this sec-
tion, the list of priorities referred to in that section
for the first fiscal year beginning after the date of
the enactment of this Act is not required to be based
on priorities recommended under paragraph (3)(F)
of that section.
TITLE III—ADMINISTRATION
AND OTHER ACCOUNTS
SEC. 301. PROGRAM SUPPORT.
(a) EXECUTIVE DIRECTION AND ADMINISTRATIVE
ACTIVITIES.—There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oce-
anic and Atmospheric Administration to carry out execu-
tive direction and administrative activities under the Act
of 1970 and any other law involving those activities,
$25,000,000 for fiscal year 1995 and $25,900,000 for
fiscal year 1996.
(b) SYSTEMS ACQUISITION OFFICE.—There are au-
thorized to be appropriated to the Secretary of Commerce,
to enable the National Oceanic and Atmospheric Adminis-
tration to operate and maintain the Systems Acquisition
Office under the Act of 1970, $1,100,000 for fiscal year
1995 and $1,140,000 for fiscal year 1996.
(c) CENTRAL ADMINISTRATIVE SUPPORT.—There
are authorized to be appropriated to the Secretary of Com-
merce, to enable the National Oceanic and Atmospheric
Administration to carry out central administrative support
activities under the Act of 1970 and any other law involv-
ing those activities, $38,000,000 for fiscal year 1995 and
$39,368,000 for fiscal year 1996.
(d) RETIRED PAY.—There are authorized to be ap-
propriated to the Secretary of Commerce, for retired pay
for retired commissioned officers of the National Oceanic
and Atmospheric Administration under the Act of 1970,
$7,706,000 for fiscal year 1995 and $7,983,000 for fiscal
year 1996.
(e) MARINE SERVICES.—There are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to
carry out marine services activities (including ship oper-
ations, maintenance, and support) under the Act of 1947
and any other law involving those activities, $63,508,000
for fiscal year 1995 and $65,794,000 for fiscal year 1996.
TITLE IV—MISCELLANEOUS
NOAA PROGRAMS
SEC. 401. NAUTICAL PRODUCTS.
(a) DEPOSIT AND USE OF RECEIPTS FROM NAU-
TICAL PRODUCTS.—Notwithstanding section 1307(b) of
title 44, United States Code, one-sixth of the fees collected
each fiscal year from the sale of nautical products by the
National Oceanic and Atmospheric Administration and
from any licensing of those products by the National Oce-
anic and Atmospheric Administration which is authorized
by law—
(1) shall be deposited into the Operations, Re-
search, and Facilities account of the National Oce-
anic and Atmospheric Administration; and
(2) shall be available to the Secretary of Com-
merce, in the manner provided for under section
312(d) of the National Marine Sanctuaries Act, only
for the acquisition and installation of Physical Ocean
Real-Time Systems, the acquisition and maintenance
of upgraded hydrographic survey equipment, and
other National Ocean Service activities directly relat-
ed to the modernization and improvement of mari-
time safety.
(b) BUDGETARY TREATMENT OF RECEIPTS FROM
NAUTICAL PRODUCTS.—Amounts deposited and available
to the Secretary of Commerce under subsection (a)(1) and
(2)—
(1) shall not be considered to be offsetting re-
ceipts of the National Oceanic and Atmospheric Ad-
ministration or the Department of Commerce; and
(2) shall not be available for administrative
costs of the National Oceanic and Atmospheric Ad-
ministration or the Department of Commerce.
(c) DEPLOYMENT OF PHYSICAL OCEAN REAL TIME
SYSTEM.—No later than 270 days after the date of enact-
ment of this Act, the Secretary of Commerce shall deploy,
in Galveston Bay and the Houston Ship Channel a Phys-
ical Ocean Real Time System consisting, at a minimum,
of current, wind, tide, salinity, and water level measuring
devices and necessary computer links.
SEC. 402. USE OF OCEAN RESEARCH RESOURCES OF OTHER
FEDERAL AGENCIES.
(a) FINDINGS.—The Congress finds the following:
(1) Changes in the defense needs of the United
States have redefined the status of many defense-
related assets.
(2) Observing, monitoring, and predicting the
ocean environment has been a high priority for the
defense community to support ocean operations.
(3) Many advances in ocean research have been
made by the defense community which could be
shared with civilian researchers.
(4) The National Oceanic and Atmospheric Ad-
ministration’s missions to describe and predict the
ocean environment, manage the Nation’s ocean and
coastal resources, and promote stewardship of the
world’s oceans would benefit from increased coopera-
tion with defense agencies.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the National Oceanic and Atmospheric Ad-
ministration should expand its efforts to develop inter-
agency agreements to further the use of defense-related
technologies, data, and other resources to support its oce-
anic missions.
(c) REPORT.—
(1) IN
GENERAL.—Not later than 120 days
after the date of the enactment of this Act, the Sec-
retary of Commerce shall submit to the Committee
on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report
on the feasibility of expanding the use of defense-re-
lated technologies, data, and other resources to sup-
port and enhance the oceanic missions of the Na-
tional Oceanic and Atmospheric Administration.
(2) CONTENTS.—The report required under
paragraph (1) shall include—
(A) a detailed listing of defense-related re-
sources currently available to the National Oce-
anic and Atmospheric Administration and the
National Oceanic and Atmospheric Administra-
tion missions which utilize those resources;
(B) detailed findings and recommenda-
tions, including funding requirements, on the
potential for expanding the use of available de-
fense-related resources;
critical deficiencies in its navigation-related pro-
grams.
(4) Actions that need to be taken to allow the
National Oceanic and Atmospheric Administration
to fulfill its navigation-related responsibilities into
the 21st century.
(5) A comparison of the resources and activities
of National Oceanic and Atmospheric Administra-
tion’s navigation-related programs with those of
other Federal agencies supporting the United States
maritime infrastructure.
(6) Past organizational changes within the Na-
tional Oceanic and Atmospheric Administration and
foreseeable future organizational changes that have
affected, or would affect, the ability of the National
Oceanic and Atmospheric Administration to provide
navigation-related services.
SEC. 404. WEST COAST GROUNDFISH LABORATORY.
(a) SITE SELECTION FACTORS.—In selecting a site
for placement of a replacement for the National Marine
Fisheries Service Lab at Tiburon, California, the Sec-
retary of Commerce shall take into account the following
factors:
(1) The proximity of sites considered to—
(A) groundfish fisheries, salmon fisheries,
and other unique marine study areas;
(B) academic and private research institu-
tions which conduct relevant marine habitat
and environmental research;
(C) other National Oceanic and Atmos-
pheric Administration research and manage-
ment elements; and
(D) other Federal, State, and private ma-
rine related research facilities.
(2) The ability of the National Oceanic and At-
mospheric Administration to retain current staff.
(3) The relative construction and operation
costs, including the potential for collocation with
other Federal facilities.
(b) AUTHORIZATION FOR ARCHITECTURE AND ENGI-
NEERING STUDIES.—In addition to amounts otherwise au-
thorized by this Act, there are authorized to be appro-
priated to the Secretary of Commerce, for architecture and
engineering studies regarding the replacement for the Na-
tional Marine Fisheries Service Lab at Tiburon, Califor-
nia, $1,500,000 for fiscal year 1995.
SEC. 405. MARINE SANCTUARIES FACILITIES.
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Commerce shall report
to the Committee on Merchant Marine and Fisheries of
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate on needs
of the Department of Commerce for facilities (including
real property for facilities) for the National Marine Sanc-
tuary Program established under the National Marine
Sanctuaries Act (16 U.S.C. 1431 et seq.).
SEC. 406. SAN FRANCISCO BAY PORT SYSTEM.
(a) IN GENERAL.—The Secretary of Commerce
(hereinafter in this section referred to as the ‘‘Secretary’’)
shall establish for San Francisco Bay in accordance with
this section the safe navigation system known as the Phys-
ical Ocean Real Time System (known, and hereinafter in
this section referred to, as the ‘‘PORT System’’), after
completion of implementation of section 401(c).
(b) STUDY.—After completion of implementation of
section 401(c), and not later than 1 year after the date
of that completion, the Secretary shall conduct a
hydrodynamics modeling study of San Francisco Bay to
determine the appropriate technology and equipment and
the effective placement of instruments for the establish-
ment of the PORT System for San Francisco Bay.
(c) IMPLEMENTATION.—
(1) IN GENERAL.—Not later than 1 year after
the completion of the study under subsection (b), the
Secretary, in consultation with the State of Califor-
nia Office of Oil Spill Prevention and Response and
subject to paragraph (2), shall acquire, install, and
activate appropriate equipment to establish an oper-
ational PORT System for the San Francisco Bay.
(2) CONDITION.—The Secretary may not take
any action under paragraph (1) unless the State of
California Office has provided to the Secretary ade-
quate assurances that the State will fund the oper-
ation and maintenance of the PORT System for San
Francisco Bay after its installation.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out this section $4,200,000 for fiscal years 1995 and
1996.
SEC. 407. CONVEYANCE OF NATIONAL MARINE FISHERIES
SERVICE 
LABORATORY 
AT 
GLOUCESTER,
MASSACHUSETTS.
(a) CONVEYANCE REQUIRED.—
(1) IN GENERAL.—The Secretary of Commerce
shall convey to the Commonwealth of Massachusetts,
all right, title, and interest of the United States in
and to the property comprising the National Marine
Fisheries Service laboratory located on Emerson Av-
enue in Gloucester, Massachusetts.
(2) TERMS.—A conveyance of property under
paragraph (1) shall be made—
(A) without payment of consideration; and
(B) subject to the terms and conditions
specified under subsections (b) and (c).
(b) CONDITIONS FOR TRANSFER.—
(1) IN GENERAL.—As a condition of any con-
veyance of property under this section, the Common-
wealth of Massachusetts shall assume full respon-
sibility for maintenance of the property for as long
as the Commonwealth retains the right and title to
that property.
(2) CONTINUED USE OF PROPERTY BY NMFS.—
The Secretary may enter into a memorandum of un-
derstanding with the Commonwealth of Massachu-
setts under which the National Marine Fisheries
Service is authorized to occupy existing laboratory
space on the property conveyed under this section,
if—
(A) the term of the memorandum of un-
derstanding is for a period of not longer than
5 years beginning on the date of enactment of
this Act; and
(B) the square footage of the space to be
occupied by the National Marine Fisheries
Service does not conflict with the needs of, and
is agreeable to, the Commonwealth of Massa-
chusetts.
(c) REVERSIONARY INTEREST.—All right, title, and
interest in and to all property conveyed under this section
shall revert to the United States on the date on which
the Commonwealth of Massachusetts uses any of the prop-
erty for any purpose other than the Commonwealth of
Massachusetts Division of Marine Fisheries resource man-
agement program.
SEC. 408. REIMBURSEMENT OF EXPENSES.
(a) IN GENERAL.—Notwithstanding section 3302 (b)
and (c) of title 31, United States Code, and subject to
subsection (b) of this section, all amounts received by the
United States in settlement of, or judgment for, damage
claims arising from the October 9, 1992, allision of the
vessel ZACHERY into the National Oceanic and Atmos-
pheric Administration research vessel DISCOVERER—
(1) shall be retained as an offsetting collection
in the Fleet Modernization, Shipbuilding, and Con-
version account of the National Oceanic and Atmos-
pheric Administration;
(2) shall be deposited in that account upon re-
ceipt by the United States Government; and
(3) shall be available only for obligation for Na-
tional Oceanic and Atmospheric Administration ves-
sel repairs.
(b) LIMITATION.—Not more than $518,757.09 of the
amounts referred to in subsection (a) may be deposited
into the Fleet Modernization, Shipbuilding, and Conver-
sion account pursuant to subsection (a).
SEC. 409. NOAA FLEET MODERNIZATION.
(a) AUTHORITY TO CONTRACT.—
(1) IN
GENERAL.—The Secretary may enter
into only the following contracts in fiscal years 1995
and 1996 to implement the Plan:
(A) Repairs to extend the service life of the
R/V DISCOVERER.
(B) Construction of a medium endurance
oceanographic research vessel.
(C) A service life extension of the R/V
DELAWARE II.
(D) Conversion of a T–AGOS vessel for
oceanographic research.
(E) Construction of a coastal/low endur-
ance vessel for living marine research.
(F) Leasing to fulfill any NOAA mission
requirements.
(G) Necessary repairs to and maintenance
of any vessel in the NOAA fleet, subject to sub-
section (b).
(H) Necessary requirements, designs, and
specifications for future vessel repair, conver-
sion, construction, or lease.
(2) CONTRACT DEFINED.—Section 602 of the
NOAA Fleet Modernization Act (33 U.S.C. 891) is
amended by adding at the end the following:
‘‘(6) ‘contract’ means any contract or other
agreement for the construction, conversion, lease,
chartering, service life extension, or repair or main-
tenance of any vessel of the NOAA fleet, and provi-
sion of related equipment, including the development
of any necessary requirement, design, or specifica-
tion. The term includes contracts entered into on be-
half of the Secretary by another Federal depart-
ment, agency, or instrumentality, if the vessel which
is the subject of the contract will be operated by or
for the benefit of the Department of Commerce.’’.
(b) LIMITATION ON EXPENDITURES FOR REPAIRS
AND MAINTENANCE.—Notwithstanding any other law, of
the total amount appropriated for fiscal years 1991
through 1996 to the Fleet Modernization, Shipbuilding,
and Conversion account of the National Oceanic and At-
mospheric Administration, not more than 20 percent may
be expended by the Secretary for repairs and maintenance
of vessels in the NOAA fleet.
(c) LEASING AND CONTRACTS.—
(1) IN GENERAL.—The Secretary shall for each
of fiscal years 1995 and 1996, enter into contracts
or service contracts under the NOAA Fleet Mod-
ernization Act (33 U.S.C. 891 et seq.) to use Uni-
versity-National Oceanographic Laboratory System
or non-Federal vessels.
(2) AMOUNT
SUBJECT
TO
OBLIGATION.—
Amounts subject to obligation under paragraph (1)
shall be, for each fiscal year, the greater of
$6,000,000 or 10 percent of the amounts appro-
priated to the Fleet Modernization, Shipbuilding,
and Conversion account for fiscal years 1995 and
1996.
(d) DEFINITIONS.—In this section each of the terms
‘‘contract’’, ‘‘NOAA’’, ‘‘NOAA fleet’’, ‘‘Plan’’, and ‘‘Sec-
retary’’ has the meaning given to that term in section 602
of the NOAA Fleet Modernization Act (33 U.S.C. 891),
as amended by this section.
SEC. 410. STUDY OF NOAA CORPS.
(a) STUDY.—The Secretary of Commerce shall, sub-
ject to the availability of appropriations, contract with the
Marine Board of the National Research Council to exam-
ine and report to the Secretary on the appropriate role
of the National Oceanic and Atmospheric Administration
Corps in supporting NOAA missions. In particular, the
Marine Board shall—
(1) examine whether there is a continued need
for a uniformed service to operate the NOAA fleet,
fly weather observations, conduct hydrographic sur-
veys, manage national marine sanctuaries, conduct
NOAA research, and participate in other NOAA
activities;
(2) examine the role of the NOAA Corps in
modernizing the NOAA fleet and the involvement of
the NOAA Corps in obtaining efficient, effective,
low-cost ship support of NOAA missions;
(3) compare the full costs of utilizing the serv-
ices of the NOAA Corps compared to civilian em-
ployees in similar positions; and
(4) determine whether adequately trained civil-
ian employees are available to fill NOAA Corps posi-
tions.
(b) DEADLINE.—No later than 1 year after the date
of enactment of this Act, the Secretary of Commerce shall
submit the report of the Marine Board under subsection
(a) to the Committee on Merchant Marine and Fisheries
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(c) DEFINITIONS.—In this section, the definitions in
section 409(d) apply.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary of Com-
merce to carry out this section a total of $100,000 for
fiscal years 1995 and 1996, to remain available until
expended.
SEC. 411. REPORT ON RESEARCH AND EFFECTS OF CLI-
MATE AND GLOBAL CHANGE ON FRESH-
WATER SYSTEMS.
Within 60 days after the date of submission of the
President’s budget request for each of fiscal years 1996
and 1997, the Secretary of Commerce shall submit a re-
port to the Committee on Merchant Marine and Fisheries
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate,
on—
(1) the amount of funds allocated and the ac-
tivities supported for research on the effects of cli-
mate and global change on the Nation’s major fresh-
water systems, including international commitments;
(2) the criteria used in determining those allo-
cations and in selecting those activities; and
(3) specific proposed agency plans for imple-
menting research programs and activities to evaluate
the effects of climate and global change on the Na-
tion’s major freshwater systems.
SEC. 412. PROMOTION AND COORDINATION OF NATIONAL
ESTUARINE RESEARCH RESERVES.
The Secretary of Commerce shall take such action as
is necessary and reasonable to promote and coordinate the
use of National Estuarine Research Reserves for research,
monitoring, and education purposes. Such action may in-
clude consulting with Federal agencies, States, local gov-
ernments, regional agencies, interstate agencies, or other
persons to promote use of one or more such reserves for
research, monitoring, and education, including coordina-
tion with the National Marine Sanctuaries Program.
SEC. 413. STUDY ON EFFECTS OF DOLPHIN FEEDING.
(a) STUDY.—The Secretary of Commerce shall con-
duct a study on the effects of feeding noncaptive dolphins
in the Gulf of Mexico and Southern Atlantic Ocean. The
study shall consider the potential impacts on the behavior
or general health of wild populations of dolphins resulting
from this feeding.
(b) USE OF THE STUDY.—The Secretary of Com-
merce shall use the results of the study required under
subsection (a) in determining whether and under what
conditions feeding noncaptive dolphins may be authorized.
(c) REPORT.—Within 1 year after the date of enact-
ment of this Act, the Secretary shall submit to the Com-
mittee on Merchant Marine and Fisheries of the House
of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study.
SEC. 414. FLOWER GARDEN BANKS BOUNDARY MODIFICA-
TION.
(a) MODIFICATION.—Notwithstanding section 304 of
the National Marine Sanctuaries Act (16 U.S.C. 1434),
the boundaries of the Flower Garden Banks National Ma-
rine Sanctuary, as designated by Public Law 102–251, are
amended to include the area described in subsection (d),
popularly known as Stetson Bank. This area shall be part
of the Flower Garden Banks National Marine Sanctuary
and shall be managed and regulated as though it had been
designated by the Secretary of Commerce under the
National Marine Sanctuaries Act.
(b) DEPICTION OF SANCTUARY BOUNDARIES.—The
Secretary of Commerce shall—
(1) prepare a chart depicting the boundaries of
the Flower Garden Banks National Marine Sanc-
tuary, as modified by this section; and
(2) submit copies of this chart to the Commit-
tee on Merchant Marine and Fisheries of the House
of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(c) APPLICATION OF REGULATIONS.—Regulations is-
sued by the Secretary of Commerce to implement the des-
ignation of the Flower Garden Banks National Marine
Sanctuary shall apply to the area described in subsection
(d), unless modified by the Secretary. This subsection
shall take effect 45 days after the date of enactment of
this Act.
(d) AREA DESCRIBED.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the area referred to in subsections (a),
(b), and (c) is the area that is—
(A) generally depicted on the Department
of the Interior, Minerals Management Service
map titled ‘‘Western Gulf of Mexico, Lease Sale
143, September 1993, Biologically Sensitive
Areas, Map 3 of 3, Final’’;
(B) labeled ‘‘Stetson’’ on the High Island
Area South Addition diagram on that map; and
(C) within the 52 meter isobath.
(2) MINOR
BOUNDARY
ADJUSTMENTS.—The
Secretary of Commerce may make minor adjust-
ments to the boundaries of the area described in
paragraph (1) as necessary to protect the living
coral resources of Stetson Bank or to simplify ad-
ministration of the Flower Garden Banks National
Marine Sanctuary.
(e) PUBLICATION OF NOTICE.—
(1) IN GENERAL.—The Secretary of Commerce
shall, as soon as practicable after the date of the en-
actment of this Act, publish in the Federal Register
a notice describing—
(A) the boundaries of the Flower Garden
Banks National Marine Sanctuary, as modified
by this section, and
(B) any modification of regulations appli-
cable to that Sanctuary that are necessary to
implement that modification of the boundaries
of the Sanctuary.
(2) TREATMENT AS NOTICE REQUIRED UNDER
NATIONAL
MARINE
SANCTUARIES
ACT.—A notice
published under paragraph (1) shall be considered to
be the notice required to be published under section
304(b)(1) of the National Marine Sanctuaries Act
(16 U.S.C. 1434).
SEC. 415. AMENDMENTS RELATING TO NATIONAL COASTAL
RESOURCES RESEARCH AND DEVELOPMENT
INSTITUTE.
(a) 
ADMINISTRATION
OF
INSTITUTE.—Section
201(a) of the Act entitled ‘‘An Act to authorize appropria-
tions to carry out the Marine Mammal Protection Act of
1972, for fiscal years 1985 through 1988, and for other
purposes’’ (16 U.S.C. 1463b(a)) is amended by striking
‘‘by the Oregon State Marine Science Center’’ and insert-
ing ‘‘by the Oregon State System of Higher Education’’.
(b) FUNCTIONS OF INSTITUTE.—Section 201(b) of
such Act (16 U.S.C. 1463b(b)) is amended to read as
follows:
‘‘(b) The Institute shall promote the economic growth
and prosperity of the United States by transferring re-
search and technology into applications to improve the
economic, environmental, and social well-being of the
Nation’s coastal communities and the competitiveness of
coastal businesses.’’.
(c) MEMBERSHIP OF BOARD OF GOVERNORS.—Sec-
tion 201(c)(1) of such Act (16 U.S.C. 1463b(c)(1)) is
amended to read as follows:
‘‘(c)(1) The policies of the Institute shall be deter-
mined by a Board of Governors composed of—
‘‘(A) 1 representative appointed by the Chan-
cellor of the Oregon State System of Higher Edu-
cation; and
‘‘(B) 1 representative of each of the following
regions, appointed jointly by Governors of the States
comprising that region:
‘‘(i) The Alaska region, consisting of
Alaska.
‘‘(ii) The Northwest Pacific Coast region,
consisting of Oregon and Washington.
‘‘(iii) The Southwest Pacific Coast region,
consisting of California.
‘‘(iv) The Pacific Islands region, consisting
of Hawaii, American Samoa, and Guam.
‘‘(v) The Great Lakes region, consisting of
Pennsylvania, Ohio, Michigan, Indiana, Illinois,
Wisconsin, and Minnesota.
‘‘(vi) The Gulf Coast region, consisting of
Texas, Louisiana, Mississippi, and Alabama.
‘‘(vii) The South Atlantic and Caribbean
region, consisting of South Carolina, Georgia,
Florida, Puerto Rico, and the U.S. Virgin Is-
lands.