153
(K) Isle au Haut Light.
(L) Goat Island Light.
(M) Wood Island Light.
(N) Doubling Point Light.
(O) Doubling Point Front Range Light.
(P) Doubling Point Rear Range Light.
(Q) Little River Light.
(R) Spring Point Ledge Light.
(S) Ram Island Light (Boothbay).
(T) Seguin Island Light.
(U) Marshall Point Light.
(V) Fort Point Light.
(W) West Quoddy Head Light.
(X) Brown’s Head Light.
(Y) Cape Neddick Light.
(Z) Halfway Rock Light.
(AA) Ram Island Ledge Light.
(BB) Mount Desert Rock Light.
(CC) Whitlock’s Mill Light.
(3) LIMITATION
ON
CONVEYANCE.—The Sec-
retary shall retain all right, title, and interest of the
United States in and to any historical artifact, in-
cluding any lens or lantern, that is associated with
the lighthouses conveyed under this subsection,
whether located at the lighthouse or elsewhere. The
154
Secretary shall identify any equipment, system, or
object covered by this paragraph.
(4) DEADLINE FOR CONVEYANCE.—The convey-
ances authorized by this subsection shall take place,
if at all, not later than 5 years after the date of the
enactment of this Act.
(5) ADDITIONAL
CONVEYANCES
TO
UNITED
STATES
FISH
AND
WILDLIFE
SERVICE.—The Sec-
retary may transfer, in accordance with the terms
and conditions of subsection (b), the following light-
houses, together with any real property and improve-
ments associated therewith, directly to the United
States Fish and Wildlife Service:
(A) Two Bush Island Light.
(B) Egg Rock Light.
(C) Libby Island Light.
(D) Matinicus Rock Light.
(b) CONDITIONS OF CONVEYANCE.—The conveyance
of a lighthouse, and any real property and improvements
associated therewith, under subsection (a) shall be subject
to the following conditions:
(1) That the lighthouse and any such property
and improvements be used for educational, historic,
recreational, cultural, and wildlife conservation pro-
grams for the general public and for such other uses
155
as the Secretary determines to be not inconsistent or
incompatible with such uses.
(2) That the lighthouse and any such property
and improvements be maintained at no cost to the
United States in a manner that ensures the use of
the lighthouse by the Coast Guard as an aid to navi-
gation.
(3) That the use of the lighthouse and any such
property and improvements by the Coast Guard as
an aid to navigation not be interfered with, except
with the written permission of the Secretary.
(4) That the lighthouse and any such property
and improvements be maintained in a manner con-
sistent with the provisions of the National Historic
Preservation Act (16 U.S.C. 470 et seq.).
(5) That public access to the lighthouse and
any such property and improvements be ensured.
(c) RESERVATIONS.—In the conveyance of a light-
house under subsection (a), the Secretary shall reserve to
the United States the following:
(1) The right to enter the lighthouse, and any
real property and improvements conveyed therewith,
at any time, without notice, for purposes of main-
taining any aid to navigation at the lighthouse, in-
cluding any light, antennae, sound signal, and asso-
156
ciated equipment located at the lighthouse, and any
electronic navigation equipment or system located at
the lighthouse.
(2) The right to enter the lighthouse and any
such property and improvements at any time, with-
out notice, for purposes of relocating, replacing, or
improving any such aid to navigation, or to carry
out any other activity necessary in aid of navigation.
(3) An easement of ingress and egress onto the
real property conveyed for the purposes referred to
in paragraphs (1) and (2).
(4) An easement over such portion of such
property as the Secretary considers appropriate in
order to ensure the visibility of the lighthouse for
navigation purposes.
(5) The right to obtain and remove any histori-
cal artifact, including any lens or lantern that the
Secretary has identified pursuant to paragraph (3)
of subsection (a).
(d) MAINTENANCE OF AIDS TO NAVIGATION.—The
Secretary may not impose upon the Institute, or upon any
entity to which the Institute conveys a lighthouse under
subsection (g), an obligation to maintain any aid to navi-
gation at a lighthouse conveyed under this section.
157
(e) REVERSIONARY INTEREST.—All right, title, and
interest in and to a lighthouse and any real property and
improvements associated therewith shall revert to the
United States and the United States shall have the right
of immediate entry thereon if—
(1) the Secretary determines at any time that
the lighthouse, and any property and improvements
associated therewith, conveyed to the Institute or to
the United States Fish and Wildlife Service under
subsection (a) or conveyed by the Institute under
subsection (g), as the case may be, is not being uti-
lized or maintained in accordance with subsection
(b); or
(2) the Secretary determines that—
(A) the Institute is unable to identify an
entity eligible for the conveyance of the light-
house under subsection (g) within the 3-year
period beginning on the date of the conveyance
of the lighthouse to the Institute under sub-
section (a); or
(B) in the event that the Institute identi-
fies an entity eligible for the conveyance within
that period—
(i) the entity is unable or unwilling to
accept the conveyance and the Institute is
158
unable to identify another entity eligible
for the conveyance within that period; or
(ii) the Maine Lighthouse Selection
Committee established under subsection
(g)(3)(A) disapproves of the entity identi-
fied by the Institute and the Institute is
unable to identify another entity eligible
for the conveyance within that period.
(f) INSPECTION.—The State Historic Preservation
Officer of the State of Maine may inspect any lighthouse,
and any real property and improvements associated there-
with, that is conveyed under this subsection at any time,
without notice, for purposes of ensuring that the light-
house is being maintained in the manner required under
subsections (b)(4) and (b)(5). The Institute, and any sub-
sequent conveyee of the Institute under subsection (g),
shall cooperate with the official referred to in the preced-
ing sentence in the inspections of that official under this
subsection.
(g) SUBSEQUENT CONVEYANCE.—
(1) REQUIREMENT.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the Institute shall convey,
without consideration, all right, title, and inter-
est of the Institute in and to the lighthouses
159
conveyed to the Institute under subsection (a),
together with any real property and improve-
ments associated therewith, to one or more enti-
ties identified under paragraph (2) and ap-
proved by the committee established under
paragraph (3) in accordance with the provisions
of such paragraph (3).
(B) EXCEPTION.—The Institute, with the
concurrence of the Maine Lighthouse Selection
Committee and in accordance with the terms
and conditions of subsection (b), may retain
right, title, and interest in and to the following
lighthouses conveyed to the Institute:
(i) Whitehead Island Light.
(ii) Deer Island Thorofare (Mark Is-
land) Light.
(2) IDENTIFICATION OF ELIGIBLE ENTITIES.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Institute shall identify entities
eligible for the conveyance of a lighthouse under
this subsection. Such entities shall include any
department or agency of the Federal Govern-
ment, any department or agency of the Govern-
ment of the State of Maine, any local govern-
ment in that State, or any nonprofit corpora-
160
tion, educational agency, or community develop-
ment organization that—
(i) is financially able to maintain the
lighthouse (and any real property and im-
provements conveyed therewith) in accord-
ance with the conditions set forth in sub-
section (b);
(ii) has agreed to permit the inspec-
tions referred to in subsection (f); and
(iii) has agreed to comply with the
conditions set forth in subsection (b) and
to have such conditions recorded with the
deed of title to the lighthouse and any real
property and improvements that may be
conveyed therewith.
(B) ORDER OF PRIORITY.—In identifying
entities eligible for the conveyance of a light-
house under this paragraph, the Institute shall
give priority to entities in the following order,
which are also the exclusive entities eligible for
the conveyance of a lighthouse under this sec-
tion:
(i) Agencies of the Federal Govern-
ment.
161
(ii) Entities of the Government of the
State of Maine.
(iii) Entities of local governments in
the State of Maine.
(iv) 
Nonprofit 
corporations, 
edu-
cational agencies, and community develop-
ment organizations.
(3) SELECTION OF CONVEYEES AMONG ELIGI-
BLE ENTITIES.—
(A) COMMITTEE.—
(i) IN GENERAL.—There is hereby es-
tablished a committee to be known as the
Maine Lighthouse Selection Committee (in
this paragraph referred to as the ‘‘Com-
mittee’’).
(ii) MEMBERSHIP.—The Committee
shall consist of five members appointed by
the Secretary as follows:
(I) One member, who shall serve
as the Chairman of the Committee,
shall be appointed from among indi-
viduals recommended by the Governor
of the State of Maine.
(II) One member shall be the
State Historic Preservation Officer of
162
the State of Maine, with the consent
of that official, or a designee of that
official.
(III) One member shall be ap-
pointed from among individuals rec-
ommended by State and local organi-
zations in the State of Maine that are
concerned with lighthouse preserva-
tion or maritime heritage matters.
(IV) One member shall be ap-
pointed from among individuals rec-
ommended by officials of local govern-
ments of the municipalities in which
the lighthouses are located.
(V) One member shall be ap-
pointed from among individuals rec-
ommended by the Secretary of the In-
terior.
(iii) APPOINTMENT
DEADLINE.—The
Secretary shall appoint the members of the
Committee not later than 180 days after
the date of the enactment of this Act.
(iv) MEMBERSHIP TERM.—
(I) Members of the Committee
shall serve for such terms not longer
163
than 3 years as the Secretary shall
provide. The Secretary may stagger
the terms of initial members of the
Committee in order to ensure continu-
ous activity by the Committee.
(II) Any member of the Commit-
tee may serve after the expiration of
the term of the member until a suc-
cessor to the member is appointed. A
vacancy in the Committee shall be
filled in the same manner in which the
original appointment was made.
(v) VOTING.—The Committee shall
act by an affirmative vote of a majority of
the members of the Committee.
(B) RESPONSIBILITIES.—
(i) IN
GENERAL.—The Committee
shall—
(I) review the entities identified
by the Institute under paragraph (2)
as entities eligible for the conveyance
of a lighthouse; and
(II) approve one such entity, or
disapprove all such entities, as entities
to which the Institute may make the
164
conveyance of the lighthouse under
this subsection.
(ii) APPROVAL.—If the Committee ap-
proves an entity for the conveyance of a
lighthouse, the Committee shall notify the
Institute of such approval.
(iii) DISAPPROVAL.—If the Committee
disapproves of the entities, the Committee
shall notify the Institute and, subject to
subsection (e)(2)(B), the Institute shall
identify other entities eligible for the con-
veyance of the lighthouse under paragraph
(2). The Committee shall review and ap-
prove or disapprove of entities identified
pursuant to the preceding sentence in ac-
cordance with this subparagraph and the
criteria set forth in subsection (b).
(C) EXEMPTION FROM FACA.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Committee, however, all
meetings of the Committee shall be open to the
public and preceded by appropriate public no-
tice.
165
(D) TERMINATION.—The Committee shall
terminate 8 years from the date of the enact-
ment of this Act.
(4) CONVEYANCE.—Upon notification under
paragraph (3)(B)(ii) of the approval of an identified
entity for conveyance of a lighthouse under this sub-
section, the Institute shall, with the consent of the
entity, convey the lighthouse to the entity.
(5) RESPONSIBILITIES OF CONVEYEES.—Each
entity to which the Institute conveys a lighthouse
under this subsection, or any successor or assign of
such entity in perpetuity, shall—
(A) use and maintain the lighthouse in ac-
cordance with subsection (b) and have such
terms and conditions recorded with the deed of
title to the lighthouse and any real property
conveyed therewith; and
(B) permit the inspections referred to in
subsection (f).
(h) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of any lighthouse, and any real prop-
erty and improvements associated therewith, conveyed
under subsection (a) shall be determined by the Secretary.
(i) REPORT.—Not later than 1 year after the date
of the enactment of this Act, and annually thereafter for
166
the next 7 years, the Secretary shall submit to Congress
a report on the conveyance of lighthouses under this sec-
tion. The report shall include a description of the imple-
mentation of the provisions of this section, and the re-
quirements arising under such provisions, in—
(1) providing for the use and maintenance of
the lighthouses conveyed under this section in ac-
cordance with subsection (b);
(2) providing for public access to such light-
houses; and
(3) achieving the conveyance of lighthouses to
appropriate entities under subsection (g).
(j) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require any additional terms and conditions
in connection with a conveyance under subsection (a) that
the Secretary considers appropriate in order to protect the
interests of the United States.
TITLE XVIII—BALLAST WATER
MANAGEMENT
SEC. 1801. SHORT TITLE.
This title may be cited as the ‘‘Ballast Water Man-
agement Act’’.
167
SEC. 1802. EVALUATION.
(a) Subsection 1102(a) of Public Law 101–646 (16
U.S.C. 4712(a)) is amended by adding the following new
paragraph at the end:
‘‘(4) NATIONAL BALLAST WATER MANAGEMENT
EVALUATION.—
‘‘(A) Subject to the availability of appro-
priations, the Task Force shall contract with
the Marine Board of the National Research
Council to identify and evaluate ballast water
management technologies and practices that
prevent 
the 
introduction 
and 
spread 
of
nonindigenous species through ballast water
discharged into United States waters.
‘‘(B) In conducting the evaluation, the Ma-
rine Board shall consider, at a minimum, bal-
last water management technologies and prac-
tices identified in the study prepared under
paragraph (3).
‘‘(C) In conducting the evaluation, the Ma-
rine Board shall identify, at a minimum, ballast
water management technologies and practices
that—
‘‘(i) may be retrofitted on existing
vessels or incorporated in new vessel de-
signs;
168
‘‘(ii) are operationally practical;
‘‘(iii) are safe for vessel and crew;
‘‘(iv) are environmentally sound;
‘‘(v) are cost effective;
‘‘(vi) the vessel operator can monitor;
and
‘‘(vii) are effective against a broad
range of nuisance organisms.’’.
(b) Subsection 1102(c) of Public Law 101–646 (16
U.S.C. 4712(c)) is amended by adding the following new
paragraph at the end:
‘‘(3) NATIONAL BALLAST WATER MANAGEMENT
EVALUATION REPORT.—Not later than 1 year after
the date of enactment of the Ballast Water Manage-
ment Act, the Task Force shall submit to the appro-
priate Committees a report on the results of the
evaluation conducted under paragraph (4) of sub-
section (a).’’.
SEC. 1803. NATIONAL BALLAST WATER MANAGEMENT DEM-
ONSTRATION PROGRAM.
(a) Section 1202 of Public Law 101–646 (16 U.S.C.
4722) is amended by—
(1) redesignating subsection (k) as subsection
(l); and
(2) inserting after subsection (j) the following:
169
‘‘(k) NATIONAL BALLAST WATER MANAGEMENT
DEMONSTRATION PROGRAM.—
‘‘(1) AUTHORIZATION.—Following the submis-
sion of the evaluation authorized under section
1102(a)(4) and subject to the availability of appro-
priations under section 1301(e), the Secretary of
Transportation, in consultation with the Task Force,
shall conduct a national ballast water management
demonstration program to test and evaluate ballast
water management technologies and practices, in-
cluding those identified in the evaluation authorized
under paragraph 1102(a)(4), to prevent the intro-
duction and spread of nonindigenous species through
ballast water discharged into United States waters.
‘‘(2) CRITERIA.—In carrying out the dem-
onstration program authorized under this sub-
section, the Secretary of Transportation shall use
vessels that are documented under chapter 121 of
title 46, United States Code, including vessels oper-
ating on the Great Lakes. Any necessary ballast
water management technology installation or con-
struction on a vessel used in the demonstration pro-
gram shall be performed by a United States ship-
yard or ship repair facility.
170
‘‘(3) AUTHORITIES.—In conducting the dem-
onstration program under this subsection, the Task
Force and the Secretary of Transportation may ac-
cept donations of property and services.’’.
(b) Subsection 1202(l), as redesignated by this Act,
is amended by adding the following new paragraph at the
end:
‘‘(3) Not later than 1 year after the submission
of 
the 
evaluation 
authorized 
under 
section
1102(a)(4) and periodically as necessary to report
new findings, the Secretary of Transportation, in
consultation with the Task Force, shall submit to
the appropriate Committees a report on the results
of the demonstration program conducted under sub-
section (k).’’.
SEC. 1804. AUTHORIZATION OF APPROPRIATIONS.
Section 1301 of Public Law 101–646 (16 U.S.C.
4741) is amended by adding the following new subsection
at the end:
‘‘(e) NATIONAL
BALLAST
WATER
MANAGEMENT
EVALUATION
AND DEMONSTRATION PROGRAM.—There
are authorized to be appropriated to the Director and the
Under Secretary $150,000 for fiscal year 1995 and to the
Secretary of Transportation $1,850,000 for fiscal year
1996, to remain available until expended, to carry out the
171
evaluation authorized under section 1102(a)(4) and the
demonstration 
program 
authorized 
under 
section
1202(k).’’.
TITLE XIX—NATIONAL OCEANIC
AND ATMOSPHERIC ADMINIS-
TRATION 
AND 
GOVERNING
ACT OF 1994
SEC. 1901. SHORT TITLE.
This Title may be cited as the ‘‘National Oceanic and
Atmospheric Administration Authorization and Governing
Act of 1994’’.
SEC. 1902. DEFINITIONS.
For the purposes of this title, the term—
(1) ‘‘Act of 1890’’ means the Act entitled ‘‘An
Act to increase the efficiency 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-
172
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.).
SEC. 1903. 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, $31,000,000 for fiscal year 1995
and $32,116,000 for fiscal year 1996. Of the sums
authorized under this paragraph, a total of
$1,950,000 is available until expended to deploy in
Galveston Bay and the Houston Ship Channel a
Physical Ocean Real Time System consisting, at a
minimum, of current, wind, tide, salinity, and water
level measuring devices and necessary computer
links.
(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-
173
plement an automated nautical charting system,
$1,250,000 for fiscal year 1995 and $1,295,000 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, $20,762,000 for fiscal year
1995 and $21,509,000 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, $12,423,000 for fiscal year
1995 and $12,870,000 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.
174
(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) 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, $2,753,000 for fiscal year
1995 and $2,852,000 for fiscal year 1996.
(2) 
OCEAN
ASSESSMENT.—In 
addition 
to
amounts authorized under paragraph (1), there are
175
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, $24,528,000 for fiscal
year 1995 and $25,411,000 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, $1,200,000 for fiscal
year 1995 and $1,243,000 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, $11,000,000 for fiscal year 1995
and $11,396,000 for fiscal year 1996. Of the
amounts authorized under this paragraph, a total of
$120,000 is available to study the use of oceano-
graphic data obtained from satellite imagery and
176
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. 1904. 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, $9,572,000
for fiscal year 1995 and $9,917,000 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.
177
(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, $200,000 for fiscal year
1995 and $207,000 for fiscal year 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
$450,000 for fiscal year 1995 and $466,000 for fis-
cal year 1996 to enable the National Oceanic and
178
Atmospheric Administration to carry out, through
the Cooperative Institute for Marine and Atmos-
pheric Studies, collaborative investigations to exam-
ine 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 $73,556,000 for fiscal year 1996.
(2) ENVIRONMENTAL OBSERVATIONS.—In addi-
tion to amounts authorized to be appropriated under
paragraph (1), there are authorized to be appro-
priated to the Secretary of Commerce $7,000,000
for fiscal year 1995 and $12,000,000 for fiscal year
1996 for a program to increase scientific under-
standing of the earth by using a network of schools
to collect environmental observations. Beginning in
fiscal year 1996, amounts appropriated for such pro-
179
gram 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 and Remote Sens-
ing 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.’’.
SEC. 1905. AUTHORIZATION OF APPROPRIATIONS FOR
FISHERIES PROGRAMS.
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
180
(B) inserting after ‘‘1993’’ the following:
‘‘, $49,618,000 for fiscal year 1995, and
$51,404,000 for fiscal year 1996’’;
(2) in section 3(a) by—
(A) striking ‘‘1992 and’’ and inserting
‘‘1992,’’; and
(B) inserting after ‘‘1993’’ the following:
‘‘, $28,348,000 for fiscal year 1995, and
$29,369,000 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:
‘‘, $20,550,000 for fiscal year 1995, and
$21,290,000 for fiscal year 1996’’.
SEC. 1906. 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. 1907. 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—
181
(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 fol-
lowing:
‘‘(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
182
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
183
‘‘(D) approve or disapprove each such ap-
plication—
‘‘(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 15
percent of funds available for 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
184
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,
harvesting, processing, marketing, or manage-
ment, that represents a balance among those
disciplines, that is balanced in the representa-
tion of those disciplines, and that is balanced in
the representation of the geographic regions of
the United States. No more than one third of
the members of the panel may be employees of
the Federal Government. Each grants review
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 fis-
185
cal year. The Federal Advisory Committee Act
(5 U.S.C. App. 1) shall not apply to any grants
review panel established under this subpara-
graph.
‘‘(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
186
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 one of the persons that would be a prin-
cipal grantee under the proposal receives a sub-
stantial portion of income from seafood harvest-
ing, 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 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
187
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 two years
from the date of the release of the funds to the
grantee.
‘‘(D) STATUS REPORT.—The recipient of a
grant shall submit to the Secretary periodic
project status reports as specified by the Sec-
retary. The Secretary may not release funds to
188
the recipient for any subsequent period of fund-
ing for that grant or for any other grant to that
recipient made by the Secretary under this sub-
section until the Secretary receives that re-
port.’’.
(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 title.
(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 Title is not required to be
based on priorities recommended under paragraph
(3)(F) of that section.
SEC. 1908. PROGRAM SUPPORT.
(a) EXECUTIVE DIRECTION AND ADMINISTRATIVE
ACTIVITIES.—
(1) There are authorized to be appropriated to
the Secretary of Commerce, to enable the National
Oceanic and Atmospheric Administration to carry
out executive direction and administration activities
189
under the Act of 1970 and any other law involving
those activities, $25,500,000 for fiscal year 1995
and $26,418,000 for fiscal year 1996.
(2) Of the sums authorized under this sub-
section, $600,000 is authorized to be appropriated
for the purpose of conducting the study of the Na-
tional Oceanic and Atmospheric Administration
Corps authorized under this Title.
(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 a Systems Acquisition Of-
fice under the Act of 1970, $1,800,000 for fiscal year
1995 and $1,865,000 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 these activities, $31,898,000 for fiscal year 1995 and
$33,046,000 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,
190
$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 service activities (including ship oper-
ations, maintenance, and support) under the Act of 1947
and any other law involving those activities, $62,599,000
for fiscal year 1995 and $64,853,000 for fiscal year 1996.
(f) AIRCRAFT SERVICES.—There are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to
carry out aircraft services activities (including aircraft op-
erations, maintenance, and support) under the Act of
1980 and any other law involving those activities,
$13,180,000 for fiscal year 1995.
SEC. 1909. USE OF OCEAN RESEARCH RESOURCES OF
OTHER FEDERAL AGENCIES.
(a) FINDINGS.—Congress finds the following:
(1) Changes in the defense needs of the United
States have redefined the status of many defense-re-
lated assets.
(2) Observing, monitoring, and predicting the
ocean environment has been a high priority for the
defense community to support ocean operations.
191
(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 Con-
gress that the National Oceanic and Atmospheric Admin-
istration should expand its efforts to develop interagency
agreements to further the use of defense-related tech-
nologies, data, and other resources to support is oceanic
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-
192
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;
(C) a detailed listing and funding history
of the National Oceanic and Atmospheric Ad-
ministration resources, including data and tech-
nology, which could be supplemented by de-
fense-related resources;
(D) a listing of currently unavailable de-
fense-related resources, including data and
technology, which if made available would en-
hance the National Oceanic and Atmospheric
Administration mission performance;
193
(E) recommendations on the regulatory
and legislative structures needed to maximize
the use of defense-related resources;
(F) an assessment of the respective roles
in the use of defense-related resources of the
Corps, data centers, operational centers, and re-
search facilities of the National Oceanic and At-
mospheric Administration;
(G) recommendations on how to provide
access to relevant defense-related data for non-
federal scientific users; and
(H) an assessment of the defense-related
resources that could be used to assist in the
identification of, and where consistent with
international law, enforcement actions against,
vessels fishing in violation of the United Na-
tions Resolutions numbered 44–225, 45–197,
and 46–215 calling for the worldwide morato-
rium on all high seas driftnet fishing, or to as-
sist the Secretary of Commerce in carrying out
the responsibilities of the United States under
other international fisheries obligations.
194
SEC. 1910. NAUTICAL CHARTING MODERNIZATION AND IM-
PROVEMENT.
(a) STUDY.—Not later than 270 days after the date
of the enactment of this Title, the Secretary of Commerce
shall submit to the Committee on Merchant Marine and
Fisheries of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate a report on the status of National Oceanic and At-
mospheric Administration programs related to marine
navigation safety.
(b) CONTENTS.—The study under subsection (a)
shall include the funding history of navigation-related pro-
grams of the National Oceanic and Atmospheric Adminis-
tration, adjusted for inflation, over at least the last 10
fiscal years, and detailed findings and recommendations
on the following:
(1) The missions and objectives of the National
Oceanic and Atmospheric Administration’s naviga-
tion-related programs, including the statutory or
other authorities that enable or require the National
Oceanic and Atmospheric Administration to conduct
those programs.
(2) The technological, financial, or other factors
that limit the National Oceanic and Atmospheric
Administration’s ability to modernize its navigation-
related programs.
195
(3) Near-term actions, without regard to finan-
cial constraints, that are required to enable the Na-
tional Oceanic and Atmospheric Administration to
address critical deficiencies in its navigation-related
programs.
(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. 1911. WEST COAST GROUNDFISH LABORATORY.
(a) In selecting a site for placement of a replacement
for the National Marine Fisheries Service Laboratory at
Tiburon, California, the Secretary of Commerce shall take
into account the following factors:
196
(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 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 Title, 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 Laboratory at Tiburon,
California, $1,500,000 for fiscal year 1995.
197
SEC. 1912. FUNDS FOR OPERATION AND CONTRACTUAL
PURPOSES.
Notwithstanding any other statutory provision, funds
in the amount of $40,000 allocated for operations and
contractual purposes under the 1993 Charleston Harbor
Project grant may be used to pay the nonfederal share
required by other federal programs undertaken in connec-
tion with the Charleston Harbor Project.
SEC. 1913. 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 compromising the National Ma-
rine Fisheries Service Laboratory located on Emer-
son Avenue 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-
198
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.—The Sec-
retary may enter into a Memorandum of Under-
standing with the Commonwealth of Massachusetts
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
five years beginning on the date of enactment
of this title; 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
199
Massachusetts Division of Marine Fisheries resource man-
agement program.
SEC. 1914. REIMBURSEMENT OF EXPENSES.
(a) IN
GENERAL.—Notwithstanding subsections
3302(b) and (c) of title 31, United States Code, and sub-
ject 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
Atmospheric Administration research vessel DISCOV-
ERER—
(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).
200
SEC. 1915. STUDY OF NATIONAL OCEANIC AND ATMOS-
PHERIC ADMINISTRATION CORPS.
Within 90 days of enactment of this title, the Sec-
retary of Commerce shall contract with the National Re-
search Council to examine and report to the Secretary and
Congress on the implications for the National Oceanic and
Atmospheric Administration Corps of the changing roles
and missions of National Oceanic and Atmospheric Ad-
ministration in the context of rapidly changing tech-
nologies. In particular, the study shall—
(1) assess the impact of changing technologies
for conducting ocean and atmospheric data acquisi-
tion and providing environmental services on Na-
tional Oceanic and Atmospheric Administration’s
program requirements, and describe their implica-
tions for the role of the National Oceanic and At-
mospheric Administration Corps;
(2) assess the impact of changing programmatic
requirements in such areas as scheduling, maintain-
ing, operating and modernizing oceanographic ships
and meteorological research aircraft; planning and
conducting hydrographic surveys and, in general, im-
plementing the nations’s nautical charting program;
managing national marine sanctuaries; conducting
and supporting oceanic and atmospheric research
and fisheries management; and in general carrying
201
out and facilitating the responsibilities and activities
of National Oceanic and Atmospheric Administra-
tion; and describe their implications for the role of
the National Oceanic and Atmospheric Administra-
tion Corps; and
(3) develop and analyze alternative models of
meeting NOAA’s operational requirements, consider-
ing, at a minimum: the use of a uniformed service
and/or civil service personnel in the operation of gov-
ernment owned and/or contracted ships, planes and
data acquisition instrumentation. The analysis of the
models shall encompass both economic and human
resources perspectives.
SEC. 1916. 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.
202
SEC. 1917. 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 Na-
tional 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
203
shall take effect 45 days after the date of enactment of
this title.
(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-
204
actment of this Title, publish in the Federal Reg-
ister 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(b)(1)).
SEC. 1918. CHESAPEAKE BAY.
(a) REPEAL.—If by December 1, 1994, the Secretary
of Commerce fails to obligate all funds appropriated to
the Secretary of Commerce by Public Law 103–121 for
oyster disease research, section 307 of the National Oce-
anic and Atmospheric Administration Act of 1992 (15
U.S.C. 1511d), requiring the establishment of a National
Oceanic and Atmospheric Administration Chesapeake Bay
Estuarine Resources Office, is repealed.
205
(b) ASSIGNMENT OF FUNCTIONS.—If section 307 of
the National Oceanic and Atmospheric Administration Act
of 1992 (15 U.S.C. 1511d) is repealed by subsection (a),
the Secretary of Commerce shall immediately—
(1) enter into a cooperative agreement with the
directors of the Maryland and Virginia Sea Grant
colleges to administer all funds appropriated to the
Secretary of Commerce under any law for oyster dis-
ease research and Chesapeake Bay studies; and
(2) transfer the functions of the former Na-
tional Oceanic and Atmospheric Administration
Chesapeake Bay Estuarine Resources Office to the
Director of the Coastal Ocean Program.
The Director may delegate any of the functions trans-
ferred under paragraph (2) to the Directors of the Mary-
land and Virginia Sea Grant colleges under the coopera-
tive agreement required under paragraph (1).
(c) REPEAL AND AUTHORIZATION OF APPROPRIA-
TIONS.—
(1) REPEAL.—Section 2(e) of the National Oce-
anic and Atmospheric Administration Marine Fish-
eries Program Authorization Act (Public Law 98-
210, 97 Stat. 1409) is repealed.
(2) AUTHORIZATION.—There is authorized to
be appropriated to the Secretary of Commerce to im-
206
plement section 307 of the National Oceanic and At-
mospheric Administration Act of 1992 (15 U.S.C.
1511d) and this section, $2,500,000 for each of fis-
cal years 1995 and 1996, to remain available until
expended.
SEC. 1919. WEATHER REPORTING STATIONS FOR PRINCE
WILLIAM SOUND.
(a) INSTALLATION.—To provide more comprehensive
weather information to ensure the safety of fishermen and
tank vessels and to protect the resources of Prince William
Sound from potential oil spills, the Secretary of Commerce
may expend $340,000 to acquire, construct, and install
weather reporting stations in Prince William Sound Alas-
ka, as follows:
(1) In the vicinity of Seal Rocks, to acquire and
install a weather buoy capable of measuring and re-
porting wind speed and direction, barometric pres-
sure, wave height and period, and air temperature.
(2) On the existing tower at Bligh Reef, to ac-
quire and install a weather instrument capable of
measuring and reporting wind speed and direction.
(3) At Potato Point, to relocate the existing an-
emometer to a more exposed location in order to
provide more accurate information.