dreamproit/uscode huggingface dataset:
33 U.S.C. § 2906 (NAVIGATION AND NAVIGABLE WATERS)
§ 2906. Monitoring of estuary habitat restoration projects
(a) Under Secretary
In this section, the term “Under Secretary” means the Under Secretary for Oceans and Atmosphere of the Department of Commerce.
(b) Database of restoration project information
The Under Secretary, in consultation with the Council, shall develop and maintain an appropriate database of information concerning estuary habitat restoration projects carried out under this chapter, including information on project techniques, project completion, monitoring data, and other relevant information.
(c) Monitoring data standards
The Under Secretary, in consultation with the Council, shall develop standard data formats for monitoring projects, along with requirements for types of data collected and frequency of monitoring.
(d) Coordination of data
The Under Secretary shall have general data compilation, coordination, and analysis responsibilities to carry out this chapter and in support of the strategy developed under this section, including compilation of information that pertains to estuary habitat restoration projects from other Federal, State, and local sources and that meets the quality control requirements and data standards established under this section.
(e) Use of existing programs
The Under Secretary shall use existing programs within the National Oceanic and Atmospheric Administration to create and maintain the database required under this section.
(f) Public availability
The Under Secretary shall make the information collected and maintained under this section available to the public.
(Pub. L. 106–457, title I, § 107, Nov. 7, 2000, 114 Stat. 1964; Pub. L. 110–114, title V, § 5017(e), Nov. 8, 2007, 121 Stat. 1198.)
heading: Editorial Notes
heading: Amendments
text: 2007—Subsec. (d). Pub. L. 110–114 substituted “have general data compilation, coordination, and analysis responsibilities to carry out this chapter and in support of the strategy developed under this section, including compilation of” for “compile”.
33 U.S.C. § 2907 (NAVIGATION AND NAVIGABLE WATERS)
§ 2907. Reporting
(a) In general
Not later than September 30, 2008, and every 2 years thereafter, the Secretary, after considering the advice and recommendations of the Council, shall transmit to Congress a report on the results of activities carried out under this chapter.
(b) Contents of report
A report under subsection (a) shall include—
(1) data on the number of acres of estuary habitat restored under this chapter, including descriptions of, and partners involved with, projects selected, in progress, and completed under this chapter that comprise those acres;
(2) information from the database established under section 2906(b) of this title related to ongoing monitoring of projects to ensure that short-term and long-term restoration goals are achieved;
(3) an estimate of the long-term success of varying restoration techniques used in carrying out estuary habitat restoration projects;
(4) a review of how the information described in paragraphs (1) through (3) has been incorporated in the selection and implementation of estuary habitat restoration projects;
(5) a review of efforts made to maintain an appropriate database of restoration projects carried out under this chapter; and
(6) a review of the measures taken to provide the information described in paragraphs (1) through (3) to persons with responsibility for assisting in the restoration of estuary habitat.
(Pub. L. 106–457, title I, § 108, Nov. 7, 2000, 114 Stat. 1965; Pub. L. 110–114, title V, § 5017(f), Nov. 8, 2007, 121 Stat. 1198.)
heading: Editorial Notes
heading: Amendments
text: 2007—Subsec. (a). Pub. L. 110–114 substituted “Not later than September 30, 2008, and every 2 years thereafter” for “At the end of the third and fifth fiscal years following November 7, 2000”.
33 U.S.C. § 2908 (NAVIGATION AND NAVIGABLE WATERS)
§ 2908. Funding
(a) Authorization of appropriations
(1) Estuary habitat restoration projects
There is authorized to be appropriated for carrying out and providing technical assistance for estuary habitat restoration projects—
(A) to the Secretary, $25,000,000 for each of fiscal years 2008 through 2021;
(B) to the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service), $2,500,000 for each of fiscal years 2008 through 2021;
(C) to the Under Secretary for Oceans and Atmosphere of the Department of Commerce, $2,500,000 for each of fiscal years 2008 through 2021;
(D) to the Administrator of the Environmental Protection Agency, $2,500,000 for each of fiscal years 2008 through 2021; and
(E) to the Secretary of Agriculture, $2,500,000 for each of fiscal years 2008 through 2021.
Such sums shall remain available until expended.
(2) Monitoring
There is authorized to be appropriated to the Under Secretary for Oceans and Atmosphere of the Department of Commerce for the acquisition, maintenance, and management of monitoring data on restoration projects carried out under this chapter and other information compiled under section 2906 of this title, $1,500,000 for each of fiscal years 2001 through 2021. Such sums shall remain available until expended.
(b) Set-aside for administrative expenses of the Council
Not to exceed 3 percent of the amounts appropriated for a fiscal year under subsection (a)(1) or $1,500,000, whichever is greater, may be used by the Secretary for administration and operation of the Council.
(Pub. L. 106–457, title I, § 109, Nov. 7, 2000, 114 Stat. 1965; Pub. L. 110–114, title V, § 5017(g), Nov. 8, 2007, 121 Stat. 1198; Pub. L. 114–322, title IV, § 5013(b), Dec. 16, 2016, 130 Stat. 1903.)
heading: Editorial Notes
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–322 substituted “through 2021” for “through 2012” wherever appearing.
2007—Subsec. (a)(1). Pub. L. 110–114, § 5017(g)(1), struck out “to the Secretary” after “appropriated” in introductory provisions, added subpars. (A) to (E), and struck out former subpars. (A) to (D) which read as follows:
“(A) $40,000,000 for fiscal year 2001;
“(B) $50,000,000 for each of fiscal years 2002 and 2003;
“(C) $60,000,000 for fiscal year 2004; and
“(D) $75,000,000 for fiscal year 2005.”
Subsec. (a)(2). Pub. L. 110–114, § 5017(g)(2), inserted “and other information compiled under section 2906 of this title” after “this chapter” and substituted “2012” for “2005”.
33 U.S.C. § 2909 (NAVIGATION AND NAVIGABLE WATERS)
§ 2909. General provisions
(a) Agency consultation and coordination
In carrying out this chapter, the Secretary shall, as necessary, consult with, cooperate with, and coordinate its activities with the activities of other Federal departments and agencies.
(b) Cooperative agreements; memoranda of understanding
In carrying out this chapter, the Secretary may—
(1) enter into cooperative agreements or contracts with Federal, State, and local government agencies, nongovernmental organizations, and other entities; and
(2) execute such memoranda of understanding as are necessary to reflect the agreements.
(c) Federal agency facilities and personnel
Federal agencies may cooperate in carrying out scientific and other programs necessary to carry out this chapter, and may provide facilities and personnel, for the purpose of assisting the Council in carrying out its duties under this chapter.
(Pub. L. 106–457, title I, § 110, Nov. 7, 2000, 114 Stat. 1966; Pub. L. 110–114, title V, § 5017(h), Nov. 8, 2007, 121 Stat. 1199.)
heading: Editorial Notes
heading: Amendments
text: 2007—Subsec. (b)(1). Pub. L. 110–114, § 5017(h)(1), inserted “or contracts” after “agreements” and “, nongovernmental organizations,” after “agencies”.
Subsecs. (d), (e). Pub. L. 110–114, § 5017(h)(2), struck out subsecs. (d) and (e) which related to identification and mapping of dredged material disposal sites and study of bioremediation technology, respectively.
33 U.S.C. § 3001 (NAVIGATION AND NAVIGABLE WATERS)
§ 3001. Commissioned officer corps
There shall be in the National Oceanic and Atmospheric Administration a commissioned officer corps.
(Pub. L. 107–372, title II, § 211, Dec. 19, 2002, 116 Stat. 3082.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2020 Amendment
text: Pub. L. 116–259, § 1(a), Dec. 23, 2020, 134 Stat. 1153, provided that: “This Act [see Tables for classification] may be cited as the ‘National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020’.”
heading: Short Title
text: Pub. L. 107–372, title II, § 201, Dec. 19, 2002, 116 Stat. 3082, provided that: “This title [enacting this chapter, amending section 1406 of Title 10, Armed Services, and section 2396 of Title 22, Foreign Relations and Intercourse, repealing sections 853a to 853l, 853o, 853p to 853r, 853t to 854, 855, 856 to 857–5, 858, 864, and 874 of this title, amending provisions set out as a note under section 1293 of Title 10, and repealing provisions set out as notes under sections 853a and 857–1 of this title and section 101 of Title 38, Veterans’ Benefits] may be cited as the ‘National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002’.”
33 U.S.C. § 3002 (NAVIGATION AND NAVIGABLE WATERS)
§ 3002. Definitions
(a) Applicability of definitions in title 10
Except as provided in subsection (b), the definitions provided in section 101 of title 10 apply to the provisions of this chapter.
(b) Additional definitions
In this chapter:
(1) Active duty
The term “active duty” means full-time duty in the active service of a uniformed service.
(2) Grade
The term “grade” means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation.
(3) Officer
The term “officer” means an officer of the commissioned corps.
(4) Officer candidate
The term “officer candidate” means an individual who is enrolled in the basic officer training program of the Administration and is under consideration for appointment as an officer under section 3021(a)(2)(A) of this title.
(5) Flag officer
The term “flag officer” means an officer serving in, or having the grade of, vice admiral, rear admiral, or rear admiral (lower half).
(6) Secretary
The term “Secretary” means the Secretary of Commerce.
(7) Administration
The term “Administration” means the National Oceanic and Atmospheric Administration.
(Pub. L. 107–372, title II, § 212, Dec. 19, 2002, 116 Stat. 3082; Pub. L. 116–259, title III, § 305(c), Dec. 23, 2020, 134 Stat. 1173.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 107–372, Dec. 19, 2002, 116 Stat. 3082, which is classified principally to this chapter. For complete classification of this title to the Code, see Short Title note set out under section 3001 of this title and Tables.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 857–1 of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2020—Subsec. (b)(4) to (7). Pub. L. 116–259 added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.
33 U.S.C. § 3004 (NAVIGATION AND NAVIGABLE WATERS)
§ 3004. Strength and distribution in grade
(a) Grades
The commissioned grades in the commissioned officer corps of the Administration are the following, in relative rank with officers of the Navy:
(1) Vice admiral.
(2) Rear admiral.
(3) Rear admiral (lower half).
(4) Captain.
(5) Commander.
(6) Lieutenant commander.
(7) Lieutenant.
(8) Lieutenant (junior grade).
(9) Ensign.
(b) Grade distribution
The Secretary shall prescribe, with respect to the distribution on the lineal list in grade, the percentages applicable to the grades set forth in subsection (a).
(c) Annual computation of number in grade
(1) In general
Not less frequently than once each year, the Secretary shall make a computation to determine the number of officers on the lineal list authorized to be serving in each grade.
(2) Method of computation
The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving on active duty on the date the computation is made.
(3) Fractions
If a final fraction occurs in computing the authorized number of officers in a grade, the nearest whole number shall be taken. If the fraction is one-half, the next higher whole number shall be taken.
(d) Temporary increase in numbers
The total number of officers authorized by law to be on the lineal list during a fiscal year may be temporarily exceeded if the average number on that list during that fiscal year does not exceed the authorized number.
(e) Positions of importance and responsibility
Officers serving in positions designated under section 3028(a) of this title and officers recalled from retired status shall not be counted when computing authorized strengths under subsection (c) and shall not count against those strengths.
(f) Preservation of grade and pay
No officer may be reduced in grade or pay or separated from the commissioned officer corps of the Administration as the result of a computation made to determine the authorized number of officers in the various grades.
(Pub. L. 107–372, title II, § 214, Dec. 19, 2002, 116 Stat. 3083; Pub. L. 116–259, title I, § 101, Dec. 23, 2020, 134 Stat. 1154.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853a of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2020—Pub. L. 116–259 amended section generally. Prior to amendment, section established strength and distribution of officers in grades.
33 U.S.C. § 3005 (NAVIGATION AND NAVIGABLE WATERS)
§ 3005. Number of authorized commissioned officers
(a) In general
The total number of authorized commissioned officers on the lineal list of the commissioned officer corps of the Administration shall not exceed 500.
(b) Positions of importance and responsibility
Officers serving in positions designated under section 3028 of this title and officers recalled from retired status or detailed to an agency other than the Administration—
(1) may not be counted in determining the total number of authorized officers on the lineal list under this section; and
(2) may not count against such number.
(Pub. L. 107–372, title II, § 215, Dec. 19, 2002, 116 Stat. 3084; Pub. L. 110–386, § 6, Oct. 10, 2008, 122 Stat. 4108; Pub. L. 116–259, title I, § 102(a), Dec. 23, 2020, 134 Stat. 1155.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853a of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2020—Pub. L. 116–259 amended section generally. Prior to amendment, section related to number of authorized commissioned officers effective Oct. 1, 2009.
2008—Pub. L. 110–386 amended section generally. Prior to amendment, section read as follows: “There are authorized to be on the lineal list of the commissioned corps of the National Oceanic and Atmospheric Administration—
“(1) 270 officers for fiscal year 2003;
“(2) 285 officers for fiscal year 2004; and
“(3) 299 officers for fiscal year 2005.”
33 U.S.C. § 3023 (NAVIGATION AND NAVIGABLE WATERS)
§ 3023. Promotion of ensigns to grade of lieutenant (junior grade)
(a) In general
An officer in the permanent grade of ensign shall be promoted to and appointed in the grade of lieutenant (junior grade) upon completion of three years of service. The authorized number of officers in the grade of lieutenant (junior grade) shall be temporarily increased as necessary to authorize such appointment.
(b) Separation of ensigns found not fully qualified
If an officer in the permanent grade of ensign is at any time found not fully qualified, the officer’s commission shall be revoked and the officer shall be separated from the commissioned service.
(Pub. L. 107–372, title II, § 223, Dec. 19, 2002, 116 Stat. 3085.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853e of this title prior to repeal by Pub. L. 107–372.
heading: Executive Documents
heading: Delegation of Functions
text: Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(a) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
33 U.S.C. § 3024 (NAVIGATION AND NAVIGABLE WATERS)
§ 3024. Promotion by selection to permanent grades above lieutenant (junior grade)
Promotion to fill vacancies in each permanent grade above the grade of lieutenant (junior grade) shall be made by selection from the next lower grade upon recommendation of the personnel board.
(Pub. L. 107–372, title II, § 224, Dec. 19, 2002, 116 Stat. 3085.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853b of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3025 (NAVIGATION AND NAVIGABLE WATERS)
§ 3025. Length of service for promotion purposes
(a) General rule
Each officer shall be assumed to have, for promotion purposes, at least the same length of service as any other officer below that officer on the lineal list.
(b) Exception
Notwithstanding subsection (a), an officer who has lost numbers shall be assumed to have, for promotion purposes, no greater service than the officer next above such officer in such officer’s new position on the lineal list.
(Pub. L. 107–372, title II, § 225, Dec. 19, 2002, 116 Stat. 3085.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853f of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3026 (NAVIGATION AND NAVIGABLE WATERS)
§ 3026. Appointments and promotions to permanent grades
Appointments in and promotions to all permanent grades shall be made by the President.
(Pub. L. 107–372, title II, § 226, Dec. 19, 2002, 116 Stat. 3085; Pub. L. 112–166, § 2(gg)(1), Aug. 10, 2012, 126 Stat. 1290.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853i(a) of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2012—Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
33 U.S.C. § 3027 (NAVIGATION AND NAVIGABLE WATERS)
§ 3027. General qualification of officers for promotion to higher permanent grade
No officer may be promoted to a higher permanent grade on the active list until the officer has passed a satisfactory mental and physical examination in accordance with regulations prescribed by the Secretary.
(Pub. L. 107–372, title II, § 227, Dec. 19, 2002, 116 Stat. 3085.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 854 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3029 (NAVIGATION AND NAVIGABLE WATERS)
§ 3029. Temporary appointments
(a) Appointments by President
Temporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant may be made by the President.
(b) Termination
A temporary appointment to a position under subsection (a) shall terminate upon approval of a permanent appointment for such position made by the President.
(c) Order of precedence
Appointees under subsection (a) shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. The order of precedence of appointees who are appointed on the same date shall be determined by the Secretary.
(d) Any one grade
When determined by the Secretary to be in the best interest of the commissioned officer corps of the Administration, officers in any permanent grade may be temporarily promoted one grade by the President. Any such temporary promotion terminates upon the transfer of the officer to a new assignment.
(Pub. L. 107–372, title II, § 229, Dec. 19, 2002, 116 Stat. 3087; Pub. L. 112–166, § 2(gg)(3), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 116–259, title III, § 304(a), Dec. 23, 2020, 134 Stat. 1172.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853j–1 of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2020—Pub. L. 116–259 substituted “Temporary appointments” for “Temporary appointments and promotions generally” in section catchline and amended text generally. Prior to amendment, text related to temporary appointments and promotions.
2012—Pub. L. 112–166 struck out “alone” after “President” wherever appearing and, in subsec. (a), struck out “unless the Senate sooner gives its advice and consent to the appointment” before period at end of second sentence.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
heading: Executive Documents
heading: Delegation of Functions
text: Functions of President under this section delegated to Secretary of Commerce by section 1(b)–(d) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
33 U.S.C. § 3030 (NAVIGATION AND NAVIGABLE WATERS)
§ 3030. Temporary appointment or advancement of commissioned officers in time of war or national emergency
(a) In general
Officers of the Administration shall be subject in like manner and to the same extent as personnel of the Navy to all laws authorizing temporary appointment or advancement of commissioned officers in time of war or national emergency.
(b) Limitations
Subsection (a) shall be applied subject to the following limitations:
(1) A commissioned officer in the service of a military department under section 3061 of this title may, upon the recommendation of the Secretary of the military department concerned, be temporarily promoted to a higher rank or grade.
(2) A commissioned officer in the service of the Administration may be temporarily promoted to fill vacancies in ranks and grades caused by the transfer of commissioned officers to the service and jurisdiction of a military department under section 3061 of this title.
(3) Temporary appointments may be made in all grades to which original appointments in the Administration are authorized, except that the number of officers holding temporary appointments may not exceed the number of officers transferred to a military department under section 3061 of this title.
(Pub. L. 107–372, title II, § 230, Dec. 19, 2002, 116 Stat. 3087.)
heading: Editorial Notes
heading: Codification
text: Provisions similar to this section are contained in section 854a–1 of this title.
heading: Executive Documents
heading: Delegation of Functions
text: Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(h)–(j) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.